Resolution 2018-028 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
RESOLUTION NO. 2018- 28
A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BOARD OF COLLIER COUNTY, FLORIDA, AND EX-
OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT DIRECTING AND AUTHORIZING THE CLOSING OF THE ACQUISITION OF
THE REAL AND PERSONAL PROPERTY CONSTITUTING THE GOLDEN GATE SYSTEM
CURRENTLY OWNED BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY TO
PROVIDE WATER AND WASTEWATER SERVICES IN COLLIER COUNTY,FLORIDA,IN
THE GOLDEN GATE COMMUNITY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA,AND EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT as follows:
SECTION 1. AUTHORITY. Pursuant to Chapter 125, Florida Statutes, and Chapter 2003-353,
Laws of Florida, the Board of County Commissioners (the "Board") of Collier County, Florida,
and ex-officio as the governing board of the Collier County Water-Sewer District (collectively,
the "County"), passed Resolution 2017-222 finding, among other things, the acquisition by the
County of the Golden Gate System to be in the public interest, approving required financing for
the acquisition and authorizing staff to conduct final due diligence and, should such activities
continue to indicate that the acquisition is in the public interest,take such further steps as necessary
to close on the acquisition.
SECTION 2. RE-AFFIRMATION OF AUTHORIZATION TO CLOSE AFTER FINAL
DUE DILIGENCE. County staff and experts have advised the Board that due diligence activities
deemed necessary by the County have been completed. After due consideration of the facts and
circumstances involved in this acquisition as revealed by the County's due diligence, and having
held the required hearing and passed necessary resolutions in regard to the analysis and financing
of the acquisition, the Board re-affirms its findings confirming that closing of the acquisition is in
the public interest and re-affirms the authorization of the Chair, Vice-Chair or their designee to
sign all instruments reasonable and necessary to close the acquisition including,but not limited to,
necessary financing and title conveyance documents.
SECTION 3. APPROVAL OF RATES. The Board previously has found that the provision of
water and wastewater utility services in the Golden Gate community by the County constitutes a
public purpose and is in the best interests of the health, safety and welfare of the County and its
inhabitants. The schedule of rates and charges effective as of the date of the Golden Gate System
acquisition and transition into CCWSD shall be those rates identified in the notice to customers
delivered in relation to the hearing held by the Board on November 14, 2017, and considered by
the Board in making its finding that the acquisition is in the public interest. Such rates are the same
rates currently in effect and being charged to CCWSD customers pursuant to Uniform Billing
Ordinance 2013-44 and County Resolution 2017-168, as amended, and the Board hereby re-
affirms that such rates, fees and charges are adopted for the Golden Gate System as of closing of
the acquisition.
SECTION 4. FINAL DUE DILIGENCE. At the Board's direction, County staff and experts
have conducted due diligence activities deemed necessary to protect the County's interests in this
acquisition including appraisals, surveys, environmental site assessments, environmental and
permit compliance investigations and title verification activities. With the exception of
environmental compliance issues disclosed by FGUA,which the County expects to remedy shortly
after closing, predominantly by interconnecting the existing FGUA water distribution system to
the County's water system; the existence of an encroachment and easement, and associated
reservation of easement, for drainage and power line facilities related to certain water facilities,
which Staff has determined do and shall not interfere with the County's operation of the facilities;
and no further issues having been disclosed by FGUA or discovered by Staff or the County's
experts, having completed such due diligence Staff and the County's experts re-affirm the
recommendation to proceed to closing. The Board hereby re-affirms such directions and
authorizations as provided in its prior Resolutions.
SECTION 5. AGREEMENTS TO BE ASSIGNED TO COUNTY. The Transition Agreement
requires the County to accept assignment from FGUA of outstanding obligations identified in
certain appendices to the Agreement. County staff has reviewed each agreement and notes the
following material facts for the Board: (a) County shall accept assignment of certain operations
and customer service agreements with US Water/Wade Trim identified in Appendix H, nos. 1-4,
however, the operator has agreed to permit the County to terminate the agreements early, without
penalty or payment of early termination fee such that the operator likely will perform such services
for the County up to six months from the transfer date; (b) County shall not accept assignment of
the management services agreement with Government Services Group identified in Appendix H,
nos. 5-6, but rather the early termination fee provided for in such agreement shall be paid to
Government Services Group at closing; (c) the County will accept assignment of a 5 year lease
(approximately 20 months expired) with Parkway Promenade identified in Appendix I, no. 4, for
space which the County has determined is not required, therefore, the County will seek early
termination or sub-lease of the space; and (d) County shall accept assignment of a Guaranteed
Energy, Water and Wastewater Performance Savings Contract identified in Appendix I, no. 3, for
the duration of the agreement since it is anticipated that the service performed shall serve as a pilot
project for potential expansion to other County facilities and systems if the contractor is successful
in achieving cost savings and efficiencies indicated in the agreement. The Board hereby confirms
the reasonableness of these actions proposed by Staff and its experts and directs that such actions
be taken consistent with the closing of the acquisition.
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SECTION 6. APPLICABILITY AND EFFECTIVE DATE. This Resolution shall be
liberally construed to affect the purposes hereof and shall take effect immediately upon its
adoption.
PASSED AND DULY ADOPTED at the meeting of the Board of County Commissioners of
Collier County, Florida, and acting as the Ex-Officio Board of the Collier County Water-Sewer
District on the 27th day of February, 2018.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE%
GOVERNING BODY OF COLLIER 1.--..
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COUNTY AND EX-OFFICIO BOARD OF.
THE COL . COUNTY WATER
SEWER D : RIP
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By:
Andy Solis, Chairman
ATTEST: •
DWIGHT E $ROCK,_clerk
By: �� "---,-, , .,\
Attest as to ChatGlei�rk
signature only, jam,;
A(prov-d as to form and legality:
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