Agenda 05/13/2013 Item #16C15/14/2013 16.C.1.
EXECUTIVE SUMMARY
Recommendation to approve a standard process for applicants seeking to convert from an
individually metered potable water system to a master metered potable water system, at no cost to
the Collier County Water -Sewer District.
OBJECTIVE: Establish a standard process to be followed by county staff when an existing
development/subdivision requests conversion of its existing individually metered potable water system to
a master metered potable water system and approve the form documents that will be required of the
development/subdivision to effect the conversion, including approval of the execution and delivery of a
Bill of Sale from the Collier County Water -Sewer District ( "District ") to convey to the
development /subdivision the potable water system behind the master meter.
CONSIDERATIONS: The District and county staff currently operate under a standard process for the
review and conveyance acceptance of potable water systems from a development/subdivision upon initial
construction. The development/subdivision has the option of installing individual meters or a master
meter for the entire community and the District will own the infrastructure installed by the community up
to and including the meter. There are several communities that have previously installed individual
potable water meters and conveyed the water lines and appurtenances up to those individual meters that
now want to convert to a master meter for the entire community. All costs associated with each
conversion would be the responsibility of the development/subdivision. To accommodate these
communities, staff believes that a standard process must be implemented to protect the District.
The attached Conversion Process Memo, Conversion Utilities Conveyance Checklist, standard fonns
Attorney's Affidavit for Conversion, Owner's Affidavit for Conversion, Applicant's Corporate document
requirements, and Bill of Sale with Acceptance and Release have been reviewed and approved by the
County Attorney's Office and by the Public Utilities Division.
FISCAL IMPACT: There are potential revenue impacts to the District, depending on potable water
consumption patterns, which are unique to each development /subdivision. However, ongoing
maintenance and replacement costs for the potable water infrastructure behind the master meter would
shift from the District to the Homeowners' Association, effectively reducing the District's operating
expense. The cost to maintain the new master meter is very low compared to the cost to replace pipes,
valves, hydrants, meters and backflow prevention devices as the water system infrastructure ages.
Reference Attachment 4 for detailed fiscal impact.
LEGAL CONSIDERATIONS: The process requirements and form documents, including the form Bill
of Sale from the District have been reviewed and approved for form and legal sufficiency by the Collier
County Attorney's Office. This item is legally sufficient and requires a majority vote for Board approval.
-JW
GROWTH MANAGEMENT IMPACT: These potential conversions have no Growth Management
Plan impact.
RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of
the Collier County Water -Sewer District:
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5/14/2013 16.C.1.
1. Approve a new standard process to be followed by county staff when an existing
development/subdivision requests conversion of its existing individually metered potable water
system to a master metered potable water system as set forth in Attachment 1.
2. Approve the Conversion Utilities Conveyance Checklist and the form documents that will be
required of the development/subdivision to effect the conversion as set forth in Attachments 2
and 3.
3. Approve the form Bill of Sale to be executed and delivered on behalf of the District to convey to
the development/subdivision the potable water system behind the master meter as set forth in
Attachment 3.
4. Authorize the Public Utilities Division Administrator, or his designee(s), to execute Bills of Sale
as needed on behalf of the District after approval of each as to "form and legal sufficiency" by
the County Attorney's Office, which is part of Attachment 3.
5. Direct the County Manager or his designee to record these Bills of Sale in the Public Records of
Collier County, Florida.
Prepared By: Pam Libby, Manager, Water Department Operations; Beth Johnssen, Manager, Wastewater
Department Operations; Mark Sunyak, Principal Project Manager; Tom Chmelik, Planning and Project
Management Department Director; and Craig Callis, Senior Field Inspector.
Attachment 1 - Process for Converting Individual Meters to One Master Meter
Attachment 2 - Conversion Utilities Conveyance Checklist
Attachment 3 - Attorney's Affidavit for Conversion
- Owner's Affidavit for Conversion
- Applicant's Corporate document requirements
- Bill of Sale and Acceptance and Release by Grantee
Attachment 4 - Responsibilities and Costs Relative to the Point of Metering Potable Water
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5/14/2013 16.C.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.1.
Item Summary: Recommendation to approve a standard process for applicants seeking to
convert from an individually metered potable water system to a master metered potable water
system, at no cost to the Collier County Water -Sewer District.
Meeting Date: 5/14/2013
Prepared By
Name: Donna Bergeron
Title: Administrative Assistant, Senior,Water
3/18/2013 9:35:55 AM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 3/18/2013 11:04:06 AM
Name: Steve Messner
Title: Plant Manager,Water
Date: 3/18/2013 1:37:10 PM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities
Date: 3/20/2013 8:14:28 AM
Name: Pam Libby
Title: Manager - Operations- Water /WW,Water
Date: 3/21/2013 7:15:18 AM
Name: Paul Mattausch
Title: Director - Water,Water
Date: 3/25/2013 4:33:30 PM
Name: Joseph Bellone
Title: Manager - Utility Billing & Cust Serv.,Utilities F
Date: 4/12/2013 10:11:49 AM
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Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 4/12/2013 5:41:14 PM
Name: JohnssenBeth
Date: 4/15/2013 12:51:05 PM
Name: ZimmermanSue
Title: Property Acquisition Specialist,Facilities Managem
Date: 4/22/2013 2:11:39 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 4/23/2013 4:45:19 PM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 4/28/2013 4:15:19 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/29/2013 8:44:43 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/29/2013 9:21:10 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/29/2013 9:39:11 AM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 3:42:41 PM
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5/14/2013 16.C.1.
5/14/2013 16.C.1.
Attachment 1
Process for Converting Individual Meters to One Master Meter
Overview: Developed by a working group of representatives from: Real Property Management, County
Attorney's Office, Public Utilities Operations Department, Public Utilities Water Department, Public
Utilities Planning and Project Management Department, and the Growth Management Division.
Process to obtain approval and convert from multiple individual meters to one large master meter
with a community: The following is the outline of the steps required of a Homeowner's Association
(HOA) to make the conversion from multiple individual meters at each house or unit to one master
meter for an entire community.
1. HOA Representative initiates the process by contacting the Public Utilities Planning and Project
Management Department (PPMD) and requesting information on how to convert from
individual meters to a master meter.
2. PPMD will confirm the following:
a. Name of Requestor
b. Position of Requestor to determine if it a Management Company or an actual member
of the HOA Board is represented.
c. Mailing Address to send out information packet.
d. Email address to send correspondence.
3. PPMD then provides an informational email to the following, which include the items collected
in Item No. 2:
a. Billing Manager
b. Water Director
c. Water Operations Manager
d. Water Distribution Manager
e. Real Property Representative
f. Senior Field Inspector from Growth Management Division
4. Informational packet to be mailed out will include:
a. Cover letter providing contact information, format currently under development
pending BCC approval of this process.
b. Available as -built drawings and original engineering report located in County's Sire
system.
c. Meter Readings for the last year including sizes of meters.
d. Current rate structure.
e. Document explaining Responsibilities and Costs Relative to the Point of Metering
Potable Water.
f. Procedures that must be followed to start review, including documents that must be
submitted. (CONVERSION CHECKLIST)
g. Outline of required documents to be provided showing legally sufficient vote taken by
the HOA. (MEMO TO BE PROVIDED BY RPM)
h. Document showing who will be representing the HOA during this project and that they
are authorized to act as such by the HOA.
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5/14/2013 16.C.1.
Attachment 1
L Outline of the Engineering Report that must be submitted, which shall include the
following:
L Meter sizing calculation
ii. Fire flow review
iii. Hydraulic analysis verifying pressures and flows beyond proposed master meter
will meet requirements of 1000 GPM at hydrants and 50 PSI at service
connections
5. HOA is responsible for all costs associated with conversion, including:
a. All engineering (including initial report)
b. All required permits (County, FDEP, etc.)
c. All construction
L Installation of new meter assembly (FM rated if hydrants downstream)
ii. Removal of existing meter assemblies, which will be retained by the County.
iii. Cutting and capping of existing loop connections, if more than one line enters
the area.
d. All future maintenance and replacement
L Main breaks
ii. Water quality monitoring
iii. System component replacement as required
6. After all required documents are received from the HOA, a meeting will be scheduled to review
the documents with the HOA representative and County Staff. County Staff at the meeting will
include a Representative from each of the following Departments: Water, PPMD, RPM, and
Growth Management Permitting. Water Department team will be responsible to provide an
overview of the maintenance history for the area at this meeting.
7. PPMD will work with Growth Management Permitting to review the proposed plans to ensure
that completion of the work proposed will not negatively affect any other areas of the water
distribution network.
8. Documents, as specified on the Conversion Checklist provided, to then be submitted to Growth
Management Division. The cost for any work done by the County will be as defined by the
Growth Management Division pricing structure for plan review and inspections.
9. Documents, as specified on the Conversion Checklist will be provided to Real Property and
County Attorney's Office for their review, approval, and ultimate recording.
10. The Principal Project Engineer for Water Projects will ensure assets that are being turned back
to the HOA are appropriately taken off the County's asset register.
3/11/2013
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Conversion Utilities Conveyance Checklist
POTABLE WATER FACILITIES ACCEPTANCE
Today's Date:
Project Name:
Project No.:
*PLEASE SEE NOTE BELOW.
Legal Documents
AR #:
In Item Item Needed Notes
N/A review accepted
1. ❑ ❑ ❑ Attorney's Affidavit for Conversion (must use this form)
2. ❑ ❑ ❑ Owner's Affidavit for Conversion (must use this form)
3. ❑ ❑ ❑ Warranty Deed /Bill of Sale for Master Meter and Backflow with Exhibit A
& B per Utilities Standards and Procedures Ordinance Section 10.2.6
4. ❑ ❑ ❑ Utilities Facilities Securities Subordination (required when any security
interest in the utility facilities /systems is involved). UCC -1(s) can be subordinated by a
Subordination or by use of UCC -3(s) if not released by Subordination.
5. ❑ ❑ ❑ Deed of Utility Easement - Copy of last Deed that conveyed title of the
Associated Real Property and Copy of all Utility Easements then being
conveyed to the County, including legal description with Surveyor's
Sketch of Easement.
(Utility easements are not required provided all utility facilities then being conveyed are
in public right -of way, are in then existing utility easements, or are in CUEs)
6. ❑ ❑ ❑ Final Release of Lien from Utility Contractor for the system(s) or
portion(s) thereof constructed
7. ❑ ❑ ❑ ID number or Folio number of Property
8. ❑ ❑ ❑ Facilities Lease (when applicable)
9. ❑ ❑ ❑ Facilities Lease (including Sub - Developer) use Form 10.1
*PRIOR TO PROCESSING THIS CONVERSION WITH GMD, PUBLIC UTILITIES MUST
FIRST REVIEW AND APPROVE AN ENGINEER'S REPORT EVIDENCING
AND LEGAL CONFIRMATION THAT THIS CONVERSION HAS BEEN PROPERLY
APPROVED BY THE PROPERTY OWNERS AFFECTED.
.:sts, Certifications and Supplemental Documents
Page I of 3
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Page 2 of 3
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Rev. 10/2006
CHECKLIST 5/14/2013 16.C.1.
WATER METER CONVERSION
COUNTY ORDINANCE 97 -17, AS AMENDED
Page 2
N/A
In Item
review accepted
Neee
d d
Item Notes
1. ❑
❑
❑
Certification of pressure testing of water mains by Engineer of Record
2. ❑
❑
❑
Letter by Engineer certifying that all water are located within the public
right -of -way or dedicated easements
3. ❑
❑
❑
One year (1) Warranty on work performed and system(s) or portion(s)
thereof installed by Utilities Contractor
4. ❑
❑
❑
Engineer's Final Payment Confirmation
5. ❑
❑
❑
DEP Certification and copy of General Permit for WATER facilities
(including interim facilities, if applicable);
In- Service Letter to be forwarded when received
6. ❑
❑
❑
Lab results on bacteriological tests for potable water mains
7. ❑
❑
❑
Satisfactory Test Reports and Certification of backflow device by
Certified Laboratory.
8. ❑
❑
❑
Verification of Final Cost (Include materials and labor, misc.)
Cost breakdown — County /Private (materials only)
i.e. detailed quantities, sizes, unit cost, total cost, etc)
9. ❑
❑
❑
Letter from Engineering Inspections certifying that the Preliminary
Inspection reveals that the utilities system(s), or portion(s) thereof, has
been constructed in accordance with County Ordinances and
Regulations including the required color for piping. (PLEASE ASSIST IN
REVISION TO THIS DOCUMENT REQUIREMENT.)
10. ❑
❑
❑
Letter from the Fire District regarding ownership and maintenance of
fire hydrants ()
11. ❑
❑
❑
Signed copy of field fire flow testing by the applicable Fire Control
District
Page 2 of 3
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Rev. 10/2006
CHECKLIST 5/14/2013 16.C.1.
WATER METER CONVERSION
COUNTY ORDINANCE 97 -17, AS AMENDED
Page 3
.ngineerinq Documents
N/A review accepted Item Needed Notes
1. ❑ ❑ ❑ Three (3) complete sets to include all utilities and all related
underground work signed and sealed by the Engineer of Record for
potable water, or portion(s) thereof
2. ❑ ❑ ❑ One (1) computer - generated disk of files in accordance with Section
10.4: Record Drawings of the Utilities Standards and Procedures
Ordinance
COLLIER COUNTY WATER -SEWER DOCUMENTS:
N/A In review Item
accepted Item Needed
1. ❑ ❑ ❑ Utility Facility Warranty Deed and Bill of Sale with Acceptance with Exhibits evidencing the
potable water infrastructure being re- conveyed to the community.
ice Use Only below this line
❑W ❑W /S ❑S ❑IRR
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Rev. 10/2006
5/14/2013 16.C.1.
Form Attorney's Affidavit for Conversions - Rev. 2012
ATTORNEY'S AFFIDAVIT
STATE OF f name of Statel
COUNTY OF name of Coun
BEFORE ME, the undersigned authority, on this day of ,
20 , personally appeared , referred to as the "Affiant ",
who is to me well known, and having been sworn upon oath, deposes and states:
1. My name is
I am over the age of twenty -one (21)
years, am otherwise sui juris, and have personal knowledge of the facts asserted herein.
2. I am a licensed attorney, Florida Bar # , authorized to practice law in
Florida and am currently practicing law in the State of Florida. My business address is
My business telephone number is
My business mailing address is
3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier
County, Florida, as the governing body of Collier County and as the Ex- Officio Governing
Board of the Collier County Water -Sewer District ( "District ") to: 1) accept the dedication or
conveyance of the potable water master meter, attached backflow prevention device and any
associated utility system(s) or portion(s) thereof located within or upon the real property
described in the attached Exhibit "A ", which is incorporated herein by reference, said land
being located in Collier County, Florida which is installed to convert the potable water system
within this subdivision/condo /gated community from individual property water meters to a
master meter; and 2) the simultaneous conveyance from the Collier County Water -Sewer
District of the existing potable water infrastructure to the subdivision/condo /gated community.
4. The Affiant has examined record title information to the underlying real property and the
utility facilities being conveyed to the District referenced in this affidavit, including but not
limited to, information requested from the Florida Secretary of State relative to any Uniform
Commercial Code financing statements.
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5/14/2013 16.C.1.
5. The record owner of the underlying real property described herein is [give full legal name
of owner as it appears in title information; if owner is an entity, make reference to the laws of
the state or jurisdiction under which entity was created and presently operates] (hereinafter
"Owner "). The Owner acquired record title to the subject real property by instrument recorded
at Official Records Book , at Page [insert official record book and first page
of instrument where owner acquired title], Public Records, Collier County, Florida.
[INSTRUCTION: If the record owner is an entity, the Affiant must indicate that he has
examined corporate or partnership information obtained from the jurisdiction under which the
entity was created and presently operates, that the entity is current and active within said State
or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and
identify the exact name and title of the persons authorized to execute the instruments on behalf
of that entity in conjunction with the conveyance of the subject real and personal property.
Pursuant to Section 689.071, Florida Statutes, IF the record owner is a trustee, the Affiant shall
state that the Trustee has full power and authority to execute instruments of conveyance on
behalf of the Trust and, if applicable, incorporate by reference and attach supporting
documentation.] [If the record owner is an individual, the Affiant must state the marital status
represented to the Affiant by the individual and, if married, state whether the real property is
or is not homestead property. If the utility facilities being conveyed are located wholly within
public right -of -way, the Affidavit should state that fact.]
6. Title to the subject utility system(s) or portion(s) thereof and /or easement(s), if any, being
conveyed to the District is not encumbered of record.
OR
Title to the utility system(s) or portion(s) thereof and /or easement(s) being conveyed to
the District is encumbered by the following instruments of record:
1. [describe recorded instrument that imposes security interest against title to
the facilities] to [list name of the mortgagee(s)] , dated ,
and recorded at O.R. Book , Page et seq., Public Records
of Collier County.
2. UCC -1, recorded at O.R. Book , Page , Public Records of
Collier County.
[INSTRUCTION: The Affiant must list each mortgage, assignment of rents and profits, UCC-
1(s) or other security instrument that impress a security interest that could negatively affect
conveyance of good title to the utility system(s) or portion(s) thereof and /or easement(s), if
any, being conveyed to the District. If marketable title to the utility system(s) or portion(s)
thereof and /or any easement(s) being conveyed is encumbered by any such recorded
instrument, the Affiant shall describe the respective security instrument, including the book
and first page where the security instrument has been recorded. It is not necessary to attach a
copy of any such document to the Affidavit. This Affidavit must list each security interest
that is listed in the Owner's Affidavit, and each such security interest must be
subordinated. Do not list a Notice of Commencement or Reservation of Mineral Rights, etc.,
because such instruments do not negatively affect marketable title to the utility system(s) or
portion(s) thereof and/or easement(s) being conveyed to the District. If all of the utility
facilities being conveyed to the District are located in public right -of -way, do not list
mortgages, etc., if they do not encumber after acquired property that is located in public right-
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of -way. Claims asserted under Chapter 713, Florida Statutes, must be "transferred to security"
pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the
County Attorney must be provided to the District before the District will grant preliminary,
acceptance of title to such facilities. (Review this provision since we discussed no preliminary
v. final acceptance ? ?)
7. The Affiant has examined the organizational and [corporate /partnership /whatever type of
entity the record owner is] documents of the Owner. Pursuant to those documents, the
[Directors/Partners /whatever body runs the owner entity] is authorized by the attached
[Action/Resolution] to act on behalf of the Owner and sign any and all documents required to
document the conversion of the potable water system of the owner from individual property
meters to a Master Meter. The attached [Action/Resolution] was authorized in accordance
with the [Articles/By-Laws/Declaration — list all that apply indicating the specific provision or
section that evidences the vote requirements to approve a capital outlay such as this
conversion. If any of those documents are recorded, please include the official record book
and first page of instrument].
8. Affiant further states that the information contained in this Affidavit is true, correct and
current as of the date this Affidavit is given.
[INSTRUCTION: Unless the time period is extended by staff for good cause in the specific
instance, per Ordinance, the date of this Affidavit should not be dated earlier than sixty (60)
days prior to the submittal of legal documents pertaining to Utility Conveyance to
Collier County, Land Development Services to consider preliminary acceptance of the subject
utility system(s) or portion(s) thereof documents.] (Review this provision since we discussed
no preliminary v. final acceptance ? ?)
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of , 20
Attorney /Affiant's Signature
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5/14/2013 16.C.1.
Attorney /Affiant's Name
SUBSCRIBED AND SWORN to before me this day of , 20_, by
(Insert name of Attorney /Affiant), who is personally known to me as OR who produced
identification
Type of Identification Produced
Notary Public
My Commission Expires:
Printed, Typed or Stamped Name of Notary
Prepared by: [name of person preparing this Affidavit]
[Address of person preparing this Affidavit]
01/2005
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Form Owner's Affidavit Conversion — Rev 9 -2012
OWNER'S AFFIDAVIT
STATE OF (name of State]
COUNTY OF [name of Countyl
BEFORE ME, the undersigned authority, personally appeared
referred to as "Affiant ", who to me is well known, and having been duly sworn and under oath,
deposes and states:
1. My name is , I am over the age of twenty -one (21) years, am
sui juris, and have personal knowledge of the facts asserted herein.
2. I am the [owner /Officer of [give full legal name of owner as it appears in title
information; if owner is an entity, make reference to the laws of the state or jurisdiction under
which entity was created and presently operates] (hereinafter "Owner ") of said real property
located at ' and described on Exhibit A, which shows the
location of the subject utility facilities being conveyed.
3. All persons, firms, and corporations, including the general contractor, all laborers,
subcontractors and sub - subcontractors, materialmen and suppliers who have furnished
services, labor or materials according to plans and specifications, or extra items; used in the
construction, installation and /or repair of the potable water master meter, attached backflow
prevention device and any associated utility system(s) or portion(s) thereof on the real estate
hereinafter described, have been paid in full and that such work has been fully completed and
unconditionally accepted by the current owner of such facilities.
4. No claims have been made to the owner, nor is any suit now pending on behalf of any
contractor, subcontractor, sub - subcontractor, supplier, laborer or material -men, and no chattel
mortgages or conditional bills of sale have been given or are now outstanding as to the subject
utility system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises.
5. Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being
conveyed to the Collier County Water -Sewer District ( "District ") is not encumbered by any
recorded mortgage, recorded assignment of rents or profits, by any recorded Uniform
Commercial Code Financing Statement, or by any other recorded document that imposes a
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security interest that could negatively affect conveyance of marketable title to the utility
system(s) or portion(s) thereof and /or any easement being conveyed to the District.
OR
Title to the utility system(s) or portion(s) thereof and /or easement (s) being conveyed to the
District is subject to the following security interest(s) by the following recorded instrument(s):
1 Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments
that impress a security interest against title to the system(s) or portion(s) thereof and /or
any easement being conveyed to the District] to [list name of the mortgagee(s)]
, dated , and recorded at O.R. Book , Page
et seq., Public Records of Collier County.
2. UCC -1 Financing Statement, recorded at O.R. Book , Page , Public
Records of Collier County.
3. UCC -1 recorded with Florida Secretary of State at Tallahassee (Leon County),
Florida at O.R. Book , page
[INSTRUCTION: The Affiant must list each mortgage, and /or each assignment of rents and
profits, and each UCC -1, and /or each other recorded document that is a security interest that
could negatively affect conveyance of good and marketable title to any of the utility system(s)
or portion(s) thereof (and/or easement(s), if any) being conveyed to the District. If good,
marketable title to the utility system(s) or portion(s) thereof and /or any easement(s) being
conveyed is encumbered by any such recorded instrument, the Affiant must briefly describe
each such recorded security instrument, including the book and first page where that security
instrument has been recorded. It is not necessary to attach a copy of any such recorded
document to the Affidavit. Do not list any Notice of Commencement or any Reservation of
Mineral Rights, etc., because such documents do not impress any security interest against
good, marketable title to the utility system(s) or portion(s) thereof and/or easement(s), if any,
being conveyed to the District.]
6. As and on behalf of the owner of the subject utility system(s) or portion(s) thereof, does for
valuable consideration hereby agree and guarantee, to hold the Board of County
Commissioners of Collier County, Florida, as the governing body of Collier County and as the
Ex- Officio Governing Board of the Collier County Water -Sewer District harmless against any
lien, claim or suit by any general contractor, subcontractor, sub - subcontractor, supplier,
mechanic, material -man, or laborer, and against chattel mortgages, security interests or repair
of the subject utility system(s) or portion(s) thereof by or on behalf of Owner. Affiant is used
as singular or plural, as the context requires.
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7. I have been authorized to sign this Owner's Affidavit and other documents related to the
conveyance of the potable water Master Meter and attached backflow prevention device to the
District by virtue of the Action/Resolution attached hereto as Exhibit "A ".
8. The utility system(s) or portion(s) thereof referred to herein are located within the real
property described in the attached Exhibit "B ".
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of
[IF ENTITY, TYPE IN NAME AND JURISDICTION]
Owner /Affiant's Signature
Printed Name of Affiant
20
SUBSCRIBED AND SWORN to before me this day of , 20_,
by (Insert name of Owner / Affiant (individual taking the oath), who is Personally known to me
as OR produced identification . Type of Identification Produced
Notary Public
My Commission Expires:
Printed, Typed or Stamped Name of Notary
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Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
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TO:
FROM:
DATE:
RE:
5/14/2013 16.C.1.
MEMORANDUM
APPLICANT
COLLIER COUNTY ATTORNEY'S OFFICE
JANUARY 15, 2013
Water Meter Conversion — Applicant's Corporate - Entity, etc.
Document Requirements
In order to confirm that a community entity, such as a Homeowners, Property or Condominium
Association, or some other legal entity, such as a partnership or limited liability company, etc. has
complied with its organizational documents wherein the appropriate members or number of members
has voted to authorize the community to go through a conversion process wherein individual property
potable water meters are replaced with a potable water master meter and the ownership and all
maintenance of the associated potable water infrastructure within the community is taken over by the
community, we will require, in addition to the documents required in the Conversion Utilities
Conveyance Checklist:
i. An appropriate Action or Resolution or other documents for our review (GMD to provide
CAO) together with reference to the specific provisions and underlying entity document th,p,.
regulates their voting requirements, such as all By -laws, Articles, Declarations, and any
amendments thereto, for review and determination of the approval process the community
must follow (including but not limited to the voting requirements) to approve the meter
conversion, utility conveyance and acceptance.
[PLEASE NOTE: This information is to be provided at the same time and in addition to the
Attorney's and Owner's Affidavits required by the Checklist.]
2. Proof of entity's good standing with the Department of State or comparable agency of
incorporation, etc.
This Memorandum must accompany the Conversion Utilities Conveyance Checklist form.
49
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5/14/2013 16.C.1.
BILL OF SALE — POTABLE WATER METER CONVERSION
This Bill of Sale is executed this day of , 2013, on behalf of the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, ( "GRANTOR ") to
, a Florida not - for - profit corporation, its successors and assigns, ( "GRANTEE ").
GRANTOR, for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration from GRANTEE to GRANTOR, receipt of which is hereby acknowledged, hereby
CONVEYS to GRANTEE, its successors and assigns forever, ownership in and to any and all potable
water equipment or infrastructure and any other infrastructure or improvements appurtenant thereto or
thereunder, associated therewith and /or connected thereto, attached downstream of the large meter
assembly, and all portion(s) thereof lying in, on, over and /or under the following described land
beginning at GRANTEE's property line, for GRANTEE'S operation, replacement, repairs,
maintenance, and /or relocation, lying and being in Collier County, Florida, as follows:
(Exhibit "A" Legal Description attached hereto and incorporated herein)
(Exhibit "B" attached hereto is a sketch or other graphic representation that depicts the physical location
of items being conveyed by this Bill of Sale; which items are further identified in County records by
SAP Identity No. . [provide if available])
(Exhibit "C" Responsibilities and Costs Relative to the Point of Metering Potable Water)
GRANTOR reserves the right to perform any compliance inspections downstream of the large
meter assembly.
IN WITNESS WHEREOF, GRANTOR has caused this Bill of Sale to be executed the date and
year first above written as authorized by the Board of County Commissioners as the governing body of
Collier County and as the ex- officio governing board of the Collier County Water -Sewer District.
By:
Print Name:
Title: Director, Public Utilities Engineering
Approved as to form and legal sufficiency:
Assistant County Attorney
ACCEPTANCE AND RELEASE BY GRANTEE
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5/14/2013 16.C.1.
GRANTEE hereby accepts conveyance of the herein described potable water equipment and /or
infrastructure in "AS IS" condition and as located. Further GRANTEE hereby agrees to indemnify an
hold harmless the GRANTOR, its successors and /or assigns, from any and all claims, demands, lien.,
subrogated interests, and damages that GRANTOR may suffer in relation to this conveyance or,,"
described potable water equipment and /or infrastructure.
GRANTEE hereby accepts responsibility of the "consecutive system" as defined by the Florida
Department of Environmental Protection (FDEP), and is fully responsible for the impact of the
consecutive system upon the health and safety of the residents served. This responsibility includes, but
is not limited to, those items outlined in Exhibit "C" attached hereto, together with the burden of
maintaining the consecutive system and compliance with all required annual inspections and testing to
ensure that there will be no cross connection contamination of the potable water system referenced
herein
GRANTEE hereby acknowledges and accepts that following conveyance of the potable water
system described above, they shall utilize a licensed engineer of record for any considered changes to
that system behind the master meter.
INC., a Florida not - for -profit corporation
By:
Print:
Title:
The foregoing Bill of Sale is acknowledged before me this day of , 2013, by
, as on behalf of , INC., who
is personally known OR who produced identification Type of identification produced:
My Commission Expires:
Notary Public
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5/14/2013 16.C.1.
EXHIBIT "A"
LEGAL DESCRIPTION
52
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5/14/2013 16.C.1.
EXHIBIT "B"
Any and all potable water infrastructure and improvements appurtenant to, associated with,
connected to and /or attached upstream or downstream of the master meter, installed within the
common areas of , INC., beginning at the property line along _ throughout , as shown
on the attached graphic and being in Collier County, Florida.
[PAGE TWO OF EXHIBIT "B" WILL BE DRAWINGS OR ASBUILTS OR OTHER
GRAPHICS WHICH PROVIDES LOCATION OF THE POTABLE WATER SYSTEM SET
FORTH HEREIN.]
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5/14/2013 16.C.1.
EXHIBIT "C"
Responsibilities and Costs Relative to the Point of Metering Potable Water
The Collier County Water -Sewer District (CCWSD) is responsible for water quality and infrastructure
up to the point of the meter used for the billing of potable water services. A community homeowner's
association (HOA) that has selected to convert from individual small meters (3/4" to 2 ") to one large
master meter (3" and larger) in effect assumes, at a minimum, five areas of responsibility for each
connection downstream of the meter used for billing. The CCWSD will no longer be responsible for
the infrastructure downstream of the meter used for billing.
1. Billing:
CCWSD: Each month there is a cost that is incurred to produce one bill, which is $3.11. The cost includes labor
and equipment to collect the meter read, produce and mail the bill, and the cost of collecting funds from the
customer. The CCWSD will produce one monthly bill for the large master meter when it is activated and will
avoid the cost of the previous number of individual small meter bills per connection, which will vary by
subdivision.
HOA: If the HOA elects to continue to bill each individual owner for their specific water usage, the HOA will be
responsible to collect the monthly meter readings and produce individual bills.
2. Meters:
CCWSD: Each small meter must be audited, tested, maintained, and replaced. The average cost to replace one
small meter is $485. The life expectancy of a small meter is 14 years, but factors such as amount of water
usage through the meter and the environment the meter is in affect the actual life span. When the large
master meter is activated, the CCWSD will bear the cost to maintain this one meter, but will avoid the cost for
each of the other individual small meters in the HOA, which will vary by subdivision.
HOA: If the HOA elects to continue to bill each individual owner for their specific water usage, then it will be
responsible to have meters installed at each service connection, to maintain the meters, and to replace the
meters at the end of their useful life. According to the American Water Works Association, the acceptable
range of accuracy of all meters is 97% to 103 %, which applies to both the large master meter and the individual
small meters. Therefore, an exact correlation between the large meter reading and the total from the
individual small meters should not be expected.
3. Inspections:
CCWSD: The annually required test of each cross connection control device (backflow preventer) is performed
annually by the CCWSD at an approximate cost of $14 per device. When the large meter is activated, the
CCWSD will bear the cost to maintain this one backflow preventer, and will avoid the cost for each of the other
small backflow preventers in the HOA, which will vary by subdivision. The cost to replace a V cross
connection control device is approximately $350.00, including installation costs.
HOA: The HOA will be responsible for compliance with all requirements of the Collier County Cross Connection
Control Ordinance 97 -17 as amended and for all requirements of any contracts for the purchase of irrigation
quality water. The HOA will be responsible for the required cross connection control inspection of each home
or building. It is recommended that some type of individual shut off to each building or home be maintained to
facilitate the cross connection control inspections.
The HOA may elect to retain the individual cross connection control devices and if so will be responsible for the
annual testing and any required maintenance of these devices, by a licensed contractor. Further the HOA must
54
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5/14/2013 16.C.1.
understand that if the individual backflow prevention devices are removed the individual service connections
behind the master meter will no longer be protected from possible cross connections within their
neighborhood.
4. System Repairs:
CCWDS: All preventative and reactive maintenance of system components up to the point of the meter used
for billing are the responsibility of the CCWSD. The CCWSD responds 24 hours a day, 365 days per year for
service calls with no charge to the customer. An example of annual maintenance includes the inspection and
repair of fire hydrants when required; the cost for the annual inspection and maintenance is approximately $25
each. The cost to replace the potable distribution system at the end of its useful life is approximately $800,000
per mile.
HOA: The HOA will assume the full responsibility for system maintenance, repair and replacement downstream
of the meter used for billing. In the event that any system repairs are required, a licensed underground
contractor or licensed plumber would need to be hired, permits applied for and obtained and all work
inspected by the HOA. Additionally, a reserve fund would need to be established within the HOA's budget for
eventual replacement of the potable distribution system.
S. Third Party Liability
CCWSD: The total responsibility for water quality provided to residential service connections is borne by the
CCWSD when individual meters are in place. When a large meter is installed, the CCWSD responsibility will stop
at that connection, which will generally be at the entrance to a subdivision. Water quality can be effected by
the type of piping in an area, the amount of system usage, and other factors that are currently closely
monitored by the CCWSD, which has on staff over 100 water plant and water distribution operators that are
licensed by the State of Florida. CCWSD bears any expense for periodic flushing and water chemistry analysis to
maintain the permitted water quality levels in the water system up to the meter.
HOA: By installing a large master meter, and by limiting the responsibility of the CCWSD to that point, the HOk ).r.;«e:
by definition of the Florida Department of Environmental Protection (FDEP), becomes responsible for their
"consecutive system," and assumes full responsibility for the water quality from the large master meter to each
residential service connection. In order to ensure that water quality remains in full compliance with FDEP, the
HOA will be responsible for: performing periodic water quality testing, making required repairs, the cost of
water to flush, and informing its members whenever potential issues arise in the system.
3/25/2013
6S`
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5/14/2013 16.C.1.
Responsibilities and Costs Relative to the Point of Metering Potable Water
The Collier County Water -Sewer District (CCWSD) is responsible for water quality and infrastructure up
to the point of the meter used for the billing of potable water services. A community homeowner's
association (HOA) that has selected to convert from individual small meters (3/4" to 2 ") to one large
master meter (3" and larger) in effect assumes, at a minimum, five areas of responsibility for each
connection downstream of the meter used for billing. The CCWSD will no longer be responsible for the
infrastructure downstream of the meter used for billing.
1. Billing:
CCWSD: Each month there is a cost that is incurred to produce one bill, which is $3.11. The cost
includes labor and equipment to collect the meter read, produce and mail the bill, and the cost of
collecting funds from the customer. The CCWSD will produce one monthly bill for the large master
meter when it is activated and will avoid the cost of the previous number of individual small meter bills
per connection, which will vary by subdivision.
HOA: If the HOA elects to continue to bill each individual owner for their specific water usage, the HOA
will be responsible to collect the monthly meter readings and produce individual bills.
2. Meters:
CCWSD: Each small meter must be audited, tested, maintained, and replaced. The average cost to
replace one small meter is $485. The life expectancy of a small meter is 14 years, but factors such as
amount of water usage through the meter and the environment the meter is in affect the actual life
span. When the large master meter is activated, the CCWSD will bear the cost to maintain this one
meter, but will avoid the cost for each of the other individual small meters in the HOA, which will vary by
subdivision.
HOA: If the HOA elects to continue to bill each individual owner for their specific water usage, then it
will be responsible to have meters installed at each service connection, to maintain the meters, and to
replace the meters at the end of their useful life. According to the American Water Works Association,
the acceptable range of accuracy of all meters is 97% to 103 %, which applies to both the large master
meter and the individual small meters. Therefore, an exact correlation between the large meter reading
and the total from the individual small meters should not be expected.
3. Inspections:
CCWSD: The annually required test of each cross connection control device (backflow preventer) is
performed annually by the CCWSD at an approximate cost of $14 per device. When the large meter is
activated, the CCWSD will bear the cost to maintain this one backflow preventer, and will avoid the cost
for each of the other small backflow preventers in the HOA, which will vary by subdivision. The cost to
replace a 3/" cross connection control devices is approximately $350.00, including installation costs.
HOA: The HOA will be responsible for compliance with all requirements of the Collier County Cross
Connection Control Ordinance 97 -17 as amended and for all requirements of any contracts for the
purchase of irrigation quality water. The HOA will be responsible for the required cross connection
Packet Page -1537-
5/14/2013 16.C.1.
control inspection of each home or building. It is recommended that some type of individual shut off to
each building or home be maintained to facilitate the cross connection control inspections.
The HOA may elect to retain the individual cross connection control devices and if so will be responsible
for the annual testing and any required maintenance of these devices, by a licensed contractor. Further
the HOA must understand that if the individual backflow prevention devices are removed the individual
service connections behind the master meter will no longer be protected from possible cross
connections within their neighborhood.
4. System Repairs:
CCWDS: All preventative and reactive maintenance of system components up to the point of the meter
used for billing are the responsibility of the CCWSD. The CCWSD responds 24 hours a day, 365 days per
year for service calls with no charge to the customer. An example of annual maintenance includes the
inspection and repair of fire hydrants when required; the cost for the annual inspection and
maintenance is approximately $25 each. The cost to replace the potable distribution system at the end
of its useful life is approximately $800,000 per mile.
HOA: The HOA will assume the full responsibility for system maintenance, repair and replacement
downstream of the meter used for billing. In the event that any system repairs are required, a licensed
underground contractor or licensed plumber would need to be hired, permits applied for and obtained
and all work inspected by the HOA. Additionally, a reserve fund would need to be established within
the HOA's budget for eventual replacement of the potable distribution system.
S. Third Party Liability
CCWSD: The total responsibility for water quality provided to residential service connections is borne by
the CCWSD when individual meters are in place. When a large meter is installed, the CCWSD
responsibility will stop at that connection, which will generally be at the entrance to a subdivision.
Water quality can be effected by the type of piping in an area, the amount of system usage, and other
factors that are currently closely monitored by the CCWSD, which has on staff over 100 water plant and
water distribution operators that are licensed by the State of Florida. CCWSD bears any expense for
periodic flushing and water chemistry analysis to maintain the permitted water quality levels in the
water system up to the meter.
HOA: By installing a large master meter, and by limiting the responsibility of the CCWSD to that point,
the HOA, by definition of the Florida Department of Environmental Protection (FDEP), becomes
responsible for their "consecutive system," and assumes full responsibility for the water quality from the
large master meter to each residential service connection. In order to ensure that water quality
remains in full compliance with FDEP, the HOA will be responsible for: performing periodic water quality
testing, making required repairs, the cost of water to flush, and informing its members whenever
potential issues arise in the system.
3/25/2013
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