Agenda 01/24/2012 Item #10En
1/24/2012 Item 10.E.
_EMWT E SUTKMARY
Recommendation to approve the third- amendment to the cooperative agreement with the
South Florida Water Management Dh6jet, Agreement No. C-1175%, regarding operation
and maintenance of designated primary watercourses in Colter County, modifying the
_agreement terms and extending the term until September 30, 2824.
OBJECTIVE; To update the cooperative agreement between. Collier County and the South
Florida Water Management District which provides a mechanism for the South Florida Water
Management District's continued obligations and responsibilities regarding. operation and
maintenance of designated primary watercourses in Collier County.
CONSIIiIT'IUN; Operation and maintenance responsibilities of certain primary
watercourses in Collier County were assumed by the South Florida Water Management District
(SFWMD) approximately 20" years ago. The mechanism for assignment of this responsibility has
been guided by two (2) consecutive ten (10 )-year cooperative agreements. Prior to these two
agreements, during the transition period, .the District paid, Collier County to maintain certain
canals identified as "Works of the Basin." The agreements have provided for applicable'terms
and conditions enabling the South Florida Water Management District to perform continued
operation and maintenance of the primary canal system for effective management of the water
resources of Collier County. The primary system includes 162 miles of canals and 46 water,
control structures. Per Clarence Tears, the Administrator of the Big- Cypress Basin, the SFWMD
spends in excess of $3.5 million annually on operation and maintenance responsibilities of 'the
primary county canal system. In addition, the Basin spends approximately $2 million annually
for capital improvements of the canal and water control structure network.
The second ten -year agreement (Agreement No. C- 11759) was entered into on October 13, 2000
and was due to expire on February 28, 201.1. On February 22, 2011 (Item 10G), the Board
approved the first amendment to the agreement providing for a three (3) month extension
allowing additional time to evaluate all the issues anticipated to be covered by a new agreement.
On May 10, 2011 (Iteni 15), the Board approved the second amendment to the agreement
extending the term until. September 30, 2012.
This third amendment: extends the agreement term until September 30, 2024. It also inchuks
some reduction in the District's dominion and control responsibilities over portions of three (3)
different canal segments. This modification is necessary to remove provisions of Chapter 40E-6
Of the Florida Administrative Code from these specific areas of canal segments allowing for
continued use for ingress and egress by adjacent property owners. .
Authority of permitting the rights of way uses within these three (3) canal segment areas will
remain solely with the County. The effective mechanism of this jurisdictional change is an
"Un- adoption" as ' a "Work of the District," but maintenance of these canal segments will
continue to be the responsibility of the Big Cypress Basin. The location and inventory of the
Primary watercourses maintained by the SFWMD, as specified in the original agreement will not
change. As such there are no modifications to Exhibits "A" or "B" of the original agreement. A
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1/24/2012 Item 10.E.
new attachment created as :part of this third amendment, Schedule "1 ", is provided as a map
showing the three areas of jurisdictional change.
This item was originally scheduled- for approval on the December .13a', 2011 Board of County
Commissioners regularly scheduled meeting. Due to concerns raised by citizen(s) living in the
area, staff agreed to continue the item until a full understanding of their issues could be
evaluated. The main concern appears to be centered on the ambiguity with regard to the County's
intent over the easement after the District renounces claim to the easement. After a discussion
with Daniel McMahon, staff would like to clarify that it is not the County's intent to allow any
use that is not consistent with the rights associated with the drainage easement. Each underlying
owner has property rights such as access and egress control that are private: and were not
diminished when the drainage easement was granted. The County and District have rights to
maintain the canal and travel over the easement. Other parties that wish to travel within and
adjacent to the drainage easement must have access and egress rights granted by the individual
property owners. Encroachments and trespass that do not impact the County's and the District's
rights to.the drainage easement are considered a private matter and not enforced by the Board of .
County Commissioners but rather through the Collier County Sherriff's office or civil litigation.
FISCAL IMPACT: Approval of this item has no fiscal impact. Not approving this agreement
could have a significant impact to subsequent budgets.
LEGAL CONSWOEitATIONS: The County Attorney participated in the negotiation and
drafting of this agreement, which is legally sufficient for Board action, requiring majority
support for approval. -JAK
GROWTH hJ&NAgJ MNT IMPACT: Updating the cooperative agreement between Collier
County and the South Florida Water Management District providing for. continued obligations
and responsibilities regarding operation and maintenance of designated primary watercourses in
Collier County is in accordance with the goals and objectives of the Drainage Sub- element of the
Growth lanagement Plan.
RLCQ ^ { 43 That the Board of County Commissioners approve the third
amendment to Agreement -No. C -11759 between Collier County and the South Florida Water
Management District and authorize the Chairman to execute the amendment to the agreement on
the Board's behalf.
Prepared By: Gerald N. Kurtz, P.E. Principal Project Manager, Land Development Services
Department, Growth Management Division
Attachments: (1) Third Amendment
(2) Location Map — Works of the Basin
(3) Schedule "1" — Map of Areas of un- adoption
(4) Chapter 40E-6 FAC
(5) Agreement No. C- 11759 with Exhibits " X' and "B"
(6) First Amendment
(7) Second Amendment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.E.
1/24/2012 Item 10.E.
Item Summary: Recommendation to approve the third amendment to the cooperative
agreement with the South Florida Water Management District, Agreement No. C- 11759,
regarding operation and maintenance of designated primary watercourses in Collier County,
modifying the agreement terms and extending the term until September 30, 2024. (Gerald
Kurtz, P.E., Principal Project Manager, Growth Management Division /Planning & Regulation)
Meeting Date: 12/13/2011
Prepared By
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
11/15/20116:14:09 PM
n Submitted by
Title: Project Manager, Principal,Transportation Engineer
Name: KurtzGerald
11/15/2011 6:14:10 PM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 11/17/20119:27:22 AM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/21/20118:45:02 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/22/2011 10:49:41 AM
Name: CasalanguidaNick
^ Title: Deputy Administrator - GMD,Business Management & Budget Office
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1/24/2012 Item 10. E.
Date: 11/23/20119:06:48 AM ^
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/1/20114:09:01 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/2/20119:14:03 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 12/2/2011 12:48:24 PM
Name: OchsLeo
Title: County Manager
Date: 12/2/2011 1:31:07 PM
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1/24/2012 Item 10.E.
THIRD AMENDMENT TO
COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS THIRD AMENDMENT TO COOPERATIVE AGREEMENT (C- 11759) BETWEEN
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND COLLIER COUNTY, FLORIDA ( "Third Amendment "), is entered into as of the
day of 2011 by and between SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, a government entity created by Chapter 373, Florida
Statutes (hereinafter referred to as "DISTRICT "), and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "COUNTY ").
WITNESSETH:
WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative
Agreement dated October 13, 2000, designated by the District as Contract C -11759 (the
"Original Agreement ");
WHEREAS, pursuant to that certain First Amendment to Cooperative Agreement
(C- 11759) Between the South Florida Water Management District and Collier County
Florida dated February 10, 2011 ( "First Amendment "), DISTRICT and COUNTY agreed
to prevent the Original Agreement from lapsing and terminating, in accordance with
paragraph 1 of the Agreement, by agreeing to an extension of the termination date set
forth in the Original Agreement from February 28, 2011 to May 31, 2011;
WHEREAS, pursuant to that certain Second Amendment to Cooperative
Agreement (C- 11759) Between the South Florida Water Management District and
Collier County Florida dated May 10th 2011 ( "Second Amendment "), DISTRICT and
COUNTY further extended the termination date of the Agreement from May 31, 2011 to
September 30, 2012 (the Original Agreement as modified, amended and extended by
the First Amendment and the Second Amendment is herein referred to as the
"Agreement ");
WHEREAS, DISTRICT and COUNTY desire to further extend the termination
date of the Agreement from September 30, 2012 to September 30, 2024, and to modify
the provisions relating to termination;
WHEREA, DISTRICT and COUNTY desire to modify and amend the Agreement
to provide specific special terms, conditions and provisions with respect to the C -1
Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way
and portions of the Miller Canal Right of Way; and
WHEREAS, the defined terms in this Third Amendment shall have the same
definitions as defined in the Agreement;
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1/24/2012 Item 10.E.
NOW THEREFORE for good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, DISTRICT and COUNTY hereby agree to
modify, amend and extend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Paragraph 1 of the Agreement is hereby modified, amended and replaced
with the following:
1. Unless extended or earlier terminated, this AGREEMENT
shall continue until September 30, 2024, and may be renewed upon
mutual agreement of the parties. Each party shall provide notice of
its intent to renew or not renew this AGREEMENT to the other
party on or before September 1, 2023. In the event that the parties
do not mutually agree to an extended renewal period, this
AGREEMENT shall automatically lapse, terminate, and expire on
September 30, 2024. Subject to the terms, conditions and
provisions of this AGREEMENT the DISTRICT shall be the public
agency in Collier County, Florida generally responsible for . the
control, operation and maintenance of the watercourses listed in
Exhibit "A ", and depicted on Exhibit "B ", both of which are attached
hereto and made a part of this AGREEMENT, (except as set forth
in paragraph 3 of this Third Amendment). In the event either party
decides not to renew this AGREEMENT, DISTRICT agrees to
assist COUNTY to transition into the operation and maintenance of
the watercourses which are the subject of the AGREEMENT.
3. Notwithstanding anything contained in the Agreement, or this Third
Amendment to the contrary, DISTRICT and COUNTY hereby agree to the following
specific special terms, conditions, and provisions applicable to the C -1 Connector Canal
Right of Way, portions of the Golden Gate Main Canal Right of Way and portions of the
Miller Canal Right of Way:
a. C -1 Connector Canal Right of Way. A strip of land in Sections 11 and
12, Township 49 South, Range 27 East, Collier County, Florida, generally
depicted on Schedule "1" attached hereto and made a part hereof, and more
particularly described as follows:
All that drainage easement, 60 feet in width, commonly referred to
as "C -1 Connector Canal Right of Way ", lying along the South lines
of Golden Gate Estates Unit No. 48, Plat Book 5,. Page 78 and
Golden Gate Estates, Unit No. 51, Plat Book 5, Page 84. All plats
recorded in Collier County, Florida, Public Records. (Hereinafter
referred to as the "C -1 Connector Canal Right of Way ").
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1/24/2012 Item 10.E.
(1) DISTRICT hereby transfers all of its right, title, interest and
control in the C -1 Connector Canal Right of Way to COUNTY.
(2) The DISTRICT will "Un- adopt" the C -1 Connector Canal Right of
Way as a 'Work of the District ", upon which the C -1 Connector Canal Right of
Way shall no longer be subject to the provisions of Chapter 40E -6 of the Florida
Administrative Code, and the DISTRICT shall no longer have jurisdictional
authority over permitting and authorizing uses of the C -1 Connector Canal Right
of Way.
(3) Upon passing a resolution "Un- adopting" the C -1 Connector
Canal Right of Way as a 'Work of the District ", DISTRICT Right of Way Permit
No. 10267 in favor of the School District of Collier County concerning a culvert
bridge crossing across the C -1 Connector Canal Right of Way shall be void and
have no further force or effect. In addition, the culvert bridge crossings across
the C -1 Connector Canal Right of Way located at the southern terminus of 10th,
18th, 20tH and 22nd Streets Southeast shall be considered pre- existing non-
conforming structures and shall be allowed to remain in their current location and
condition until such time that: (a) the affected property owners desire to upgrade
the crossing(s), or (b) the condition of the crossing(s) deteriorates to an
unacceptable level as determined by the COUNTY and requires replacement.
Upon the occurrence of either condition (a) or condition (b) referenced in the
preceding sentence, the modification, replacement and /or reconstruction shall
conform to the COUNTY's Right of Way permitting criteria applicable at the time
of such modification, replacement and /or reconstruction, and shall accommodate
a flowage capacity of at least 250 cfs.
(4) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the C -1 Connector Canal Right of
Way, including but not limited to authorizing vehicular crossings and authorizing
vehicular use of the overbank areas. COUNTY agrees that it will not authorize
any new uses with respect to the C -1 Connector Canal Right of Way which do
not accommodate a flowage capacity of at least 250 cfs. COUNTY agrees to
notify the DISTRICT of all uses authorized by the COUNTY with respect to the C-
1 Connector Canal Right of Way.
(5) With respect to the C -1 Connector Canal, the DISTRICT agrees
to continue to provide: (i) aquatic plant control, (ii) maintenance shoal removal,
and (iii) canal side bank maintenance (if operation of the system is impaired), to
the extent the performance of such maintenance is reasonably practical and
does not conflict with uses authorized by the COUNTY. The COUNTY shall be
responsible for removing flow obstructions not authorized by the COUNTY.
(6) The DISTRICT agrees to notify the COUNTY of any uses or
flow obstructions with respect to the C -1 Connector Canal Right of Way which
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1/24/2012 Item 10.E.
impede the DISTRICT'S ability to perform the maintenance referenced in the first
sentence of subparagraph (5) above or which is inconsistent with the flowage
capacity criteria specified in subparagraphs (3) and (4) above.
(7) In order to perform the maintenance activities referenced in
subparagraph (5) above, the DISTRICT shall have the right of access, ingress
and egress with respect to the C -1 Connector Canal Right of Way.
b. Portion of Golden Gate Main Canal Right of Way. A strip of land in
Sections 10 and 11, Township 49 South, Range 27 East, Collier County, Florida,
generally depicted on Schedule "1" attached hereto and made a part hereof, and
more particularly described as follows:
All that part of a drainage easement, 140 feet in width, commonly
referred to as "Golden Gate Main Canal
Right of Wav'. lying North of the South line of Golden Gate Estates,
Unit 13, Plat Book 7, Page 72, Collier County, Florida, Public
Records and South of the South top of bank of said Golden Gate
Main Canal. (Hereinafter referred to as the "Golden Gate Main
South Overbank").
(1) DISTRICT hereby transfers all of its right, title, interest and
control in the Golden Gate Main South Overbank to COUNTY.
(2) The DISTRICT will
Overbank as a 'Work of the District ",
Overbank shall no longer be subject
Florida Administrative Code, and
jurisdictional authority over permitting
Main South Overbank.
"Un- adopt" the Golden Gate Main South
upon which the Golden Gate Main South
to the provisions of Chapter 40E -6 of the
the DISTRICT shall no longer have
and authorizing uses of the Golden Gate
(3) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the Golden Gate Main South
Overbank, including but not limited to authorizing vehicular use of the Golden
Gate Main South Overbank.
(4) DISTRICT shall have no maintenance obligations with respect
to the Golden Gate Main South Overbank.
(5) DISTRICT shall have the right of access, ingress and egress
with respect to the Golden Gate Main South Overbank.
c. Portion of Miller Canal Right of Way. A strip of land in Section 12,
Township 49 South, Range 27 East and Sections 7, 18, 19 and 30 Township 49
South, Range 28 East, Collier County, Florida, generally depicted on Schedule
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1/24/2012 Item 10.E.
"1" attached hereto and made a part hereof, and more particularly described as
follows:
All that part of a drainage easement 95 feet in width, commonly
referred to as "Miller Canal Right of Way ", lying North of the South
lines of Golden Gate Estates, Unit 51, Plat Book 5, Page 84 and
Golden Gate Estates, Unit 82, Plat Book 5, Page 21 and South of
the South top of bank of said Miller Canal
Together With;
All that part of said drainage easement lying East of the West lines
of said Golden Gate Estates, Unit No.82, Golden Gates Estates,
Unit No. 87, Plat Book 5, Page 26, and Golden Gate Estates, Unit
No. 88, Plat Book 5, Page 27and West of the West top of bank of
said Miller Canal and North of the South line of 28th Avenue SE. All
plats recorded in Collier County, Florida, Public Records.
(Hereinafter referred to as the "Miller Canal South/West
Overbank").
(1) DISTRICT hereby transfers all of its right, title, interest and
control in the Miller Canal South/West Overbank to COUNTY.
(2) The DISTRICT will "Un- adopt' the Miller Canal South/West
Overbank as a "Work of the District', upon which the Miller Canal South/West
Overbank shall no longer be subject to the provisions of Chapter 40E -6 of the
Florida Administrative Code, and the DISTRICT shall no longer have
jurisdictional authority over permitting and authorizing uses of the Miller Canal
South/West Overbank.
(3) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the Miller Canal South/West
Overbank, including but not limited to authorizing vehicular use of the Miller
Canal South/West Overbank.
(4) DISTRICT shall have no maintenance obligations with respect
to the Miller Canal South/West Overbank.
(5) DISTRICT shall have the right of access, ingress and egress
with respect to the Miller Canal South/West Overbank.
4. The following provision is hereby added as paragraph 29. to the
Agreement:
29. Notwithstanding anything to the contrary, either party to this
.-. Agreement shall have the right to terminate this Agreement for any reason
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1/24/2012 Item 10.E.
and upon such termination, all right, title, interest, control, operation and
maintenance of the watercourses /canal rights of way, together with all
structures, as set forth in Exhibit "A" to this Agreement, and as modified by
any supplement thereto ('Works and Structures "), shall be relinquished
and transferred to the County. The party exercising the termination option
shall give to the other party written notice that the Works and Structures
are to be transferred to the County. In order to coincide with the budget
year, unless otherwise agreed to, final transfer and termination of this
Agreement shall be effective the second October 1St following receipt of
the notice of termination. In the event of such termination, both parties
shall be relieved of any and all future obligations under this Agreement as
of the effective date of the termination, including but not limited to, lost
revenues and consequential damages.
5. The Agreement, as modified, amended and extended by this Third
Amendment is hereby ratified, confirmed and shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals as of the date and year first above written.
ATTEST:
(Seal)
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
0
Its
Executed by DISTRICT on:
ATTEST: COLLIER COUNTY, FLORIDA
A
Its
(Seal)
Executed by COUNTY on:
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� CHAPTER 40E -6
WORKS OR LANDS OF THE DISTRICT
PART I
40E -6.011
Policy and Purpose
40E -6.021
Definitions
40E -6.031
Implementation
40E -6.041
Consent Required
40E -6.051
Exemptions
40E -6.091
Publications Incorporated by Reference
PART 11- PERMITS
SUBPART A - NOTICE GENERAL PERMITS
40E -6.101 Content of Application
40E -6.121 Conditions for Issuance of Notice General Permits
SUBPART B - STANDARD PERMITS
40E -6.201 Content of Application
40E -6.221 Conditions for Issuance of Standard Permits
SUI
40E -6.311
40E -6.321
40E -6.331
40E -6.341
40E -6.351
40E -6.361
40E -6.381
3PART C - GENERAL PROVISIONS
Access to Works and Lands of the District; Closures
Duration of Permits
Modification of Permits
Revocation of Permits
Transfer of Permits
Financial Assurances and Insurance
Limiting Conditions
PART III - EMERGENCIES
40E -6.451 Emergency Authorization
40E -6.481 Emergency Measures
PART IV - VIOLATIONS
40E -6.501 Unlawful Use and Civil Penalties
40E -6.521 Self Help
PART V - PROCESSING FEES
40E -6.601 Permit Application Processing Fees
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1/24/2012 Item 10.E.
PART I
40E -6.011 Policy and Purpose.
(1) This chapter governs the use of or connection to works or lands of the
District. Conditions and criteria are established to ensure that uses are compatible with
the construction, operation, and maintenance of such works or lands.
(2) Due to the critical importance of works and lands of the District in
providing flood protection and other benefits, it is considered essential that the District
retain complete dominion and control over the use of such works or lands, including
those subject to right of way occupancy permits. The District acts in a proprietary
capacity in acquiring lands or interests therein for utilization as works of the District.
These rules are based upon proprietary concepts of property law. A "permit" to utilize
works or lands of the District is a contract between the District and the " permittee,"
whereby the permittee obtains a license which is revocable at will, except as otherwise
provided herein. All risk of loss regarding expenditures in furtherance of the permitted
use is borne by the permittee. The District retains complete discretion as to the
manner, if any, in which works or lands of the District shall be utilized, and nothing in
these rules is intended to limit that discretion.
(3) An exception to subsection (2), above, is made for governmental entities
and utilities, which may have their consent to utilize District works or lands revoked only
for cause, pursuant to the criteria set forth in this chapter.
(4) The District has determined that an unencumbered 40 foot wide strip of
right of way, measured from the top of bank landward, is required in order for the District
to perform the required routine and emergency operations and maintenance activities
necessary to insure flood protection to the entire community. In this 40 foot right of way,
subject only to limited exceptions provided in this rule, the District shall not authorize
any above ground facilities or other encroachments.
(5) The requirement for the unencumbered 40 foot right of way shall be
applicable regardless of the District's quality of title to the right of way and regardless of
the width of the overbank right of way.
(6) In the past, the District has authorized certain above ground facilities and
uses on its rights of way within a 40 foot wide area adjacent to the top of bank, as set
forth in subsection (4), above. However, over time and with experience gained in
disaster preparation, operation and recovery, the District has determined that these
previously authorized above ground facilities and uses are now inconsistent with the
current and future operation and maintenance needs of the District. These facilities and
uses have also been determined by the District to increase the operation and
maintenance costs (for both routine and emergency operation and maintenance
activities) and pose a significant additional physical burden on District staff. Subject to
those uses specifically allowed in the criteria (Basis of Review), no future authorizations
by the District shall allow above ground facilities or uses within that 40 foot wide area
adjacent to the top of bank within the right of way, and all previous authorizations for
facilities and uses shall be expressly limited to minimize their adverse impact on District
operations and maintenance. Specifically, such authorizations shall not be modified or
transferred, and shall be subject to the revocation provisions set forth herein as
4
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1/24/2012 Item 10.E.
determined necessary by the District in order to meet its current and future operation
and maintenance responsibilities to provide adequate flood protection to the community.
(7) In order to effectively and efficiently evaluate proposed installations of
above ground facilities and uses, the District has segmented the canal and rights of way
into five (5) operational zones shown on the diagram below:
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5
(5 t. wide) (15 t. wide) (20 t. we)
� 1 1
5 feet
20 feet
40 rear Ow 40 W
TopoiBmdc Figure 1
*The District's rights of way vary in width, and may be either less than forty feet or more than
forty feet in width. Accordingly, in those cases when the right of way is less than forty feet,
^ only those zones depicted above would be applicable to the actual width of the right of way.
The specific above ground facilities and uses which are consistent with the District's
operation and maintenance needs, and which will generally be authorized are set forth
in Rules 40E -6.121 and 40E- 6.221, F.A.C.. Those facilities and uses not specifically
identified as being consistent with the District's operation and maintenance needs for
the respective zones have been determined by the District to be inconsistent with
District operation and maintenance needs and no District authorization shall be granted.
(8) Due to the varying widths and physical limitations of the rights of way
obtained by the District for the canals of the Big Cypress Basin, maintenance of the
Basin canals is currently performed with different equipment than is utilized throughout
the remainder of the District. Based on the differing maintenance needs of the Big
Cypress Basin, application of the five operational zones, as set forth in subsection (7),
above, will be reviewed on a case by case basis taking into account the width of
overbank right of way, the accessibility of the right of way to land -based maintenance
equipment and any site speck conditions that would impact the Basin's ability to
operate and maintain the canal which is the subject of a particular application.
(9) The District reserves sole authority to make a determination that portions
of the District's rights of way are inaccessible for routine maintenance activities due to a
variety of physical limitations. While a determination that a certain segment of right of
way is presently unusable for routine land -based maintenance activities and relaxation
of the restrictions in zones 2, 3, 4, and 5 may be allowed, such determination shall be at
the sole discretion of the District and does not obviate the need for individuals with
proposed or existing facilities within these areas to obtain permits from the District.
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1/24/2012 Item 10.E.
Further, the District reserves the right to enter these areas to conduct emergency
operations or to require the removal of any encroachments that are inconsistent with
these rules at such time as maintenance access is perfected through the area.
(10) The District has further determined that certain facilities and uses meeting
specific minimum criteria for various right of way zones shall more efficiently be granted
authorization with a limited review by District staff, since these specific facilities and
uses do not adversely impact the District's ability to operate and maintain the District's
right of way and works of the District. Such authorizations shall be administered by the
provisions of Rules 40E -6.101 and 40E- 6.121, F.A.C., as a notice general permit. The
District will incur less expense in the review of notice general permit applications, and,
therefore the application processing fee associated with such facilities and uses shall
reflect accordingly, as set forth herein.
(a) If multiple uses are being requested and any of those uses require
a standard permit, all authorizations shall be requested under the standard permit
application and a notice general permit will not be required.
(11) It is further the policy of the District to allow, without charge for admission
or use, public, passive recreational uses of District owned rights of way, given legally
sufficient District property interests. However, nothing contained herein shall limit the
District's ability to, either temporarily or permanently, limit or otherwise preclude public
access to certain portions of District works and lands, such as structures and associated
facilities.
(12) In managing its canal and levee system the District must, from time to
time, change its criteria and permit requirements based on regional and site specific
conditions. Applicants are cautioned that the information provided by District staff is
based on the best available information at the time the information is conveyed, but is
subject to change. This is particularly true when applicants delay months or years in
submitting an application for permit. Therefore the rules, criteria and requirements in
effect at the time a formal application is received for review will be applied to the permit
application.
Specific Authority 373.113 F.S. Law Implemented 373.085, 373.086, 373.118, 373.129, 373.1395 F.S.
History—New 9 -3-81, Amended 12- 29 -86, 9- 15-99. Formerly 16K-5.01(1).
40E -6.021 Definitions.
(1) The term "above ground facilities" when used in these rules is intended to
mean any and all physical improvements or uses, whether man -made or natural (e.g.
vegetation), that are extended above the existing surface of the ground.
(2) The term "change of ownership" when used in these rules is intended to
mean the sale, purchase, or transfer of beneficial ownership of property adjacent to the
District's right of way relative to a right of way occupancy permit; or in the case of
utilities, bridges, or other such public facilities, the sale, purchase, or transfer of
responsibility.
(3) The term "easement" when used in these rules is intended to mean the
District's legal interest in the land for a specific limited use, such as construction,
operation and maintenance of a canal or levee, access, stock piling of spoil material, or
flowage of the land of another.
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1/24/2012 Item 10.E.
(4) The term "fee" ownership when used in these rules is intended to mean
absolute and unconditional ownership by the District.
(5) The term "financial assurances" when used in these rules is intended to
mean a cash bond to be held by the District in a non - interest bearing account, a
performance bond issued by a licensed bonding company, a letter of credit issued by a
financial institution authorized to do business in the State of Florida, or other such
instrument approved by the District.
(6) The term "marina" when used in these rules is intended to mean a docking
facility for four (4) or more watercraft.
(7) The term "modification" when used in these rules is intended to mean the
addition or deletion of any facilities or uses not specifically authorized by the original
permit.
(8) The term "notice general permit" when used in these rules is intended to
mean a revocable license to occupy the works or lands of the District for specific types
of proposed uses, with limited review by District staff, as set forth herein, and not
requiring Governing Board approval.
(9) The term "owner" when used in these rules is intended to mean the
individual or entity legally responsible for the ownership and control of the proposed
facility or authorized use.
(10) The term "passive recreational use" when used in these rules is intended
to mean conventional leisure activities, with minimal land or water resource impacts,
which include such uses as walking, jogging, hiking, bicycling, fishing, nature
appreciation, and equestrian use. Passive recreational use shall not include the use of
motorized vehicles, with the exception of motorized wheelchairs necessary for use by
disabled persons.
(11) The term "permit transfer" when used in these rules is intended to mean
the changing of responsibility for the permit authorization from one person or entity to
another.
(12) The term "right of way" when used in these rules is intended to mean
those lands acquired by the District in fee, easement, or other type of grant, for the
purpose of operations and maintenance of the District's canal and levee system, spoil
areas, Stormwater Treatment Area's (STA's), and access and other easements.
(13) The term "right of way occupancy permit" when used in these rules is
intended to mean a revocable license to occupy the works or lands of the District, either
by a notice general permit or a standard permit.
(14) The term "STA" when used in these rules is intended to mean the District's
Evergaldes Nutrient Removal Project ( "ENR "), as well as those areas currently, or in the
future, designated by the District as Stormwater Treatment Area's.
(15) The term "standard permit" when used in these rules is intended to mean
a revocable license to occupy the works or lands of the District for all uses not covered
by a notice general permit, with a full review by District staff, as set forth herein, and
requiring Governing Board approval.
(16) The term "top of bank" when used in these rules is intended to mean the
point at which the flat or nearly level ground surface transitions down to the channel
along the side slope of the canal bank.
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1/24/2012 Item 10. E.
(17) The term "tree" when used in these rules is intended to mean not only the
trunk of the tree, but the farthest part of the canopy of the tree at maturity as well.
(18) The term "utility" when used herein means companies actually providing
essential water, electric, telephone, sewer, or natural gas services. All other services
shall be considered non - essential.
(19) The term "violator" when used in these rules is intended to mean any
persons or entities acting contrary to the provisions of Chapter 373, F.S., these rules, as
well as the provisions of any permit issued pursuant to these rules.
(20) The term "Works of the District" when used in these rules is intended to
mean the canals, levees, structures, lands, water bodies, and other associated facilities
which have been adopted as such by the District's Governing Board.
(21) The term "Zone 1" when used in these rules is intended to mean the canal
channel from the top of bank to the opposite top of bank, as depicted in Figure 1.
(22) The term "Zone 2" when used in these rules is intended to mean the point
on the right of way from the top of bank to a point five (5) feet landward, as depicted in
Figure 1.
(23) The term "Zone 3" when used in these rules is intended to mean the point
on the right of way from a point five (5) feet landward from top of bank to a point twenty
(20) feet landward, as depicted in Figure 1.
(24) The term "Zone 4" when used in these rules is intended to mean the point
on the right of way from a point twenty (20) feet landward from top of bank to a point
forty (40) feet landward, as depicted in Figure 1.
(25) The term "Zone 5" when used in these rules is intended to mean any right
of way located further than forty (40) feet from the top of bank, as depicted in Figure 1.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086 F.S. History—New 9- 15 -99.
40E -6.031 Implementation.
(1) The effective date for the program established in this chapter is
September 15, 1999.
(2) All permits issued prior to the effective date of these rules shall remain in
effect, except as provided herein.
(3) All applications, and permit application processing fees, for permits
received by the District prior to the effective date of these rules shall be processed using
the criteria set forth in Volume V, Criteria Manual for Use of Works of the District -
Permit Information Manual, adopted September 15, 1999.
(4) All applications, and permit application processing fees, received by the
District on or after the effective date of these rules shall be subject to the provisions of
these rules and the criteria adopted pursuant to these rules as set forth in Rule 40E-
6.091, F.A.C.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086 F.S. History—New 9 -3 -81,
Amended 12- 29-86, 9- 15-99.
40E -6.041 Consent Required.
(1) Unless expressly exempt by law or District rule, a right of way occupancy
permit, either a notice general permit or a standard permit, must be obtained prior to
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1/24/2012 Item 10.E.
connecting with, placing structures in or across, discharging into or making use of the
works of the District and any additional lands or real property interest owned by the
District, including the Stormwater Treatment Areas (STA's). Works or lands 'of the
District subject to this requirement appear in the document listed in Rule 40E- 6.091,
F.A.C.
(2) All other use and occupancy of District works or lands must be consistent
with the purposes and objectives of Ch. 373, F.S. and Title 40E, F.A.C.
(3) These rules do not apply to property managed by the District pursuant to
either Chapter 40E -7, Part V, F.A.C., or the District's Real Estate Policy, except as
otherwise limited by Rule 40E- 6.221(8), F.A.C.
(4) These rules do not apply to the Seminole Tribe of Florida at such time as
there exists a District approved agreement specifically addressing the use and
management of District rights of way between the District and the Seminole Tribe of
Florida.
(5) Except when works or lands of the District have been affirmatively opened
to public vehicular use, a right of way occupancy permit must be obtained prior to
traveling on or across such works or lands.
(6) A conceptual approval for the use of works of the District may be obtained
by processing a right of way occupancy permit application in conjunction with the
request for a letter of conceptual approval only if the letter of conceptual approval is
requested pursuant to section 380.06(9)(b), F.S.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.085, 373.086, 380.06(9)(b), 373.118 F.S.
History—New 9 -3-81, Amended 2- 29-86, 12- 24 -91, 9- 15 -99.
40E -6.051 Exemptions.
(1) The following uses are exempt from permitting under this chapter where
such facilities and uses comply with the criteria contained in the document listed in Rule
40E- 6.091(1), F.A.C.:
(a) the planting or maintenance of native or drought and insect
resistant turf grasses;
(b) drain lines (pool, roof, air - conditioning);
(c) low lying groundcover in certain zones;
(d) irrigation lines, flush or pop -up sprinklers, draft lines;
(e) not - far - profit, organized boat races, regattas and similar activities;
and
(f) passive recreational use.
(2) An exemption from these rules shall not relieve any person or entity from
compliance with other District permit requirements and any applicable permit
requirements of federal, state and local government.
(3) The District is not responsible for the repair of or claims of damage to any
facilities and uses which may incur damage resulting from the District's utilization of its
rights of way or use by third parties. Improvements placed within the right of way are
done so at the sole risk of the owner.
(4) The District is not responsible for any personal injury or property damage
which may directly or indirectly result from the use of water from the District's canal or
any activities which may include use or contact with water from the District's canal,
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1/24/2012 Item 10.E.
since the District periodically sprays its canals for aquatic weed control purposes and
uses substances which may be harmful to human health or plant life.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.085, 373.086, F.S. History—New 12-
24-91, Amended 9- 15 -99.
40E -6.091 Publications Incorporated by Reference.
(1) The "Basis of Review for Use or Occupancy of the Works or Lands of the
District Permit Applications within the South Florida Water Management District —
September 15, 1999 ", which includes separate and distinct criteria developed to
address the unique characteristics and operational needs of the respective areas for the
Okeechobee Basin, the Big Cypress Basin, and the STA's, is hereby published by
reference and incorporated into this Chapter.
(2) District lands and works subject to this Chapter are adopted by the
Governing Board in accordance with the provisions of section 373.086, F.S. The
District's lands and works are listed in the document referenced in subsection (1) and
are hereby published by reference and incorporated into this Chapter.
(3) The document listed in subsection (1) is published by the District and
available upon request.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 403.0877 F.S. History—New
9 -3 -81, Amended 12-29-86,12-24-91 , 9 -15 -99 Formerly 16K- 5.01(3).
PART II — PERMITS
SUBPART A - NOTICE GENERAL PERMITS
40E -6.101 Content of Application.
(1) Applications for permits required by this Subpart shall be filed with the
District. The application shall contain the following information:
(a) Form NGP -1 "Application to the South Florida Water Management
District for Right of Way Notice General Permit" effective date September 15, 1999,
which is hereby incorporated by reference and which may be obtained at the South
Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida,
33406;
(b) The applicant's name and address including zip code and phone
number;
(c) All owner's names, as appearing on the tax rolls, and complete
address' and phone numbers if applicant or user is other than the owner(s);
(d) The project location relative to County, Section, Township and
Range; Lot, Block and Subdivision; or a metes and bounds description;
(e) Whether the proposed use is a modification, an existing use, or is a
new use;
(f) A description of the portion of the works or lands of the District to
be used;
(g) A description of the proposed use of or encroachment on works or
lands of the District and in which zone, as depicted in Figure 1, the proposed use will be
located;
in
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1/24/2012 Item 10.E.
(h) Six copies of a scaled or fully dimensioned 8'/" x 11° drawing,
reflecting the proposed use in plan and elevation views, related to the applicable work of
the District, and tied to a known reference point in the immediate area of the proposed
use. Larger drawings and aerial photographs shall be required, if necessary to
adequately show the location and nature of the proposed use. A property survey,
indicating the location of the District right of way boundary line shall also be provided.
1. All drawings shall utilize English units of measure or a
combination of both English and metric units of measure. Vertical datum shall be
National Geodetic Vertical Datum (1929), North American Vertical Datum (1988), or
Mean Sea Level and the datum utilized shall be specified on the drawing(s).
2. All drawings for seawalls or bulkheads and subaqueous or
pile- supported crossings shall be supported with cross sections of the existing channel.
Unless waived or modified by the District pursuant to prior written request by the
applicant, soundings for the cross sections shall be taken at 10 foot intervals from top of
bank to top of bank and shall be tied to both canal /levee right of way lines. For
subaqueous or pile supported crossings a minimum of 3 cross sections shall be
supplied by the applicant; one at the point where the proposed crossing crosses the
centerline of the canal; and one each upstream and downstream of the crossing at
points determined by the District. For seawall or bulkhead projects the District shall
determine the number of cross sections required but said cross sections will be no more
frequent than one cross section per every 25 feet of proposed bulkheading. Cross
sections shall be plotted to the same horizontal and vertical scale using standard 10 x
10 cross section paper or similar CAD format. The cross sections shall have
superimposed upon them the design section for the canal at the location and existing
cross sectional area below the design water surface shall be accurately calculated by
the applicant and printed on or adjacent to each cross section.
3. Except where exempt pursuant to section 471.003, F.S.,
drawings for bridge crossings, bulkheads, seawalls, retaining walls, hard shoreline
stabilization and revetment installations shall be signed and sealed by a Florida
registered professional engineer.
(i) Information sufficient to demonstrate that the proposed use meets
the criteria established in the document referred to in Rule 40E- 6.091, F.A.C.; and
(j) The estimated length of time needed for completion of the
proposed work once construction has begun.
(2) Applications shall be signed by both the owner(s) and authorized agent, if
applicable.
(3) Applications shall not be considered complete until such time as all
required information as set forth in subsections (1) and (2), above, and insurance and
financial assurances in accordance with Rule 40E- 6.361, F.A.C., have been received by
the District.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085(1), 373.086, 373.117, 373.118, 471.003
F.S. History—New 9 -3-81, Amended 12-1-82,12-29-86,12-24-91, 9- 15 -99.
40E -6.121 Conditions for Issuance of Notice General Permits.
(1) The District has determined that certain uses shall be authorized under a
notice general permit when the proposed location is in an authorized operational zone
11
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1/24/2012 Item 10.E.
and the criteria established in the Basis of Review, incorporated by reference in 40E-
6.091, F.A.C., have been met. These uses are set forth in the Permit Index Chart
inc4uded in the Basis of Review. Any facilities currently existing cannot be authorized by
a notice general permit and must receive authorization through the standard permit
application process or be promptly removed from the District's right of way.
(2) Due to the nature of the projects, the following facilities and uses cannot
be authorized by a Notice General Permit:
(a) Roadway and highway projects;
(b) Marinas and public boat launching facilities;
(c) Linear Parks;
(d) Permanent buildings and other above - ground structures;
(e) Crude oil and petroleum product pipelines;
(f) Other such facilities or uses.
(3) The District has determined that the proposed activity fully complies with
all of the criteria set forth in Rule 40E- 6.091, F.A.C.
(4) Except for utilities, both essential and non - essential, an applicant must
own or lease the land adjacent to or served by the portion of the works or lands of the
District involved.
(5) In addition to the requirements and restrictions set forth in subsections (1)
to (4), the District, due to its proprietary interest in its lands and works, possesses and
exercises all the rights and remedies available to owners of real property through
statutory and common law.
(6) Any and all above ground facilities located within the clear 40 foot wide ^
right of way, as set forth in Rule 40E- 6.011(4), F.A.C., or within the right of way at
locations where the right of way is less than 40 feet wide, as measured from the top of
the canal bank, are prohibited.
(7) The notice general permit provisions of this rule are not intended to apply
to the notice general permit provisions in District Chapter 40E -62, F.A.C.
(8) The limiting conditions set forth in Rule 40E- 6.361, F.A.C., shall be
incorporated into every Notice General Permit issued.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.016, 373.085, 373.086, 373.118 F.S.
History - New 9- 15 -99.
SUBPART B - STANDARD PERMITS
40E -6.201 Content of Application.
(1) Applications for permits required by this Subpart shall be filed with the
District. The standard permit application shall contain the following information:
(a) Form SP -1 "Application to the South Florida Water Management
District" effective date September 15, 1999, which is hereby incorporated by reference
and which may be obtained at the South Florida Water Management District, 3301 Gun
Club Road, West Palm Beach, Florida, 33406;
(b) The applicant's name and address including zip code and phone
number;
(c) All owner's names, as appearing on the tax rolls, and complete
address if applicant or user is other than the owner; ^
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1/24/2012 Item 10. E.
(d) The project location relative to County, Section, Township and
Range; Lot, Block and Subdivision; or a metes and bounds description;
(e) A description of the portion of the works or lands of the District to
be used;
(f) Whether the proposed use is a modification of an existing use, or is
a new use;
(g) A description of the proposed use of or encroachment on works or
lands of the District and in which zone, as depicted in Figure 1, the proposed use will be
located;
(h) Six copies of a scaled or fully dimensioned 8 '/" x 11" drawing,
reflecting the proposed use in plan and elevation views, related to the applicable work of
the District, and tied to a known reference point in the immediate area of the proposed
use. Larger drawings or aerial photographs shall be required, if necessary to
adequately show the location and nature of the proposed use. A property survey,
indicating the location of the District right of way boundary line shall also be provided.
1. All drawings shall utilize English units of measure or a
combination of both English and metric units of measure. Vertical datum shall be
National Geodetic Vertical Datum (1929), North American Vertical Datum (1988), or
Mean Sea Level and the datum utilized shall be specified on the drawing(s).
2. All drawings for seawalls or bulkheads and subaqueous or
pile- supported crossings shall be supported with cross sections of the existing channel.
Unless waived or modified by the District pursuant to prior written request by the
applicant, soundings for the cross sections shall be taken at 10 foot intervals from top of
bank to top of bank and shall be tied to both canal /levee right of way lines. For
subaqueous or pile supported crossings a minimum of 3 cross sections shall be
supplied by the applicant; one at the point where the proposed crossing crosses the
centerline of the canal; and one each upstream and downstream of the crossing at
points determined by the District. For seawall or bulkhead projects the District shall
determine the number of cross sections required but said cross sections will be no more
frequent than one cross section per every 25 feet of proposed bulkheading. Cross
sections shall be plotted to the same horizontal and vertical scale using standard 10 x
10 cross section paper or similar CAD format. The cross sections shall have
superimposed upon them the design section for the canal at the location and existing
cross sectional area below the design water surface shall be accurately calculated by
the applicant and printed on or adjacent to each cross section.
3. Except where exempt pursuant to section 471.003, F.S.,
drawings for bridge crossings and bulkhead or seawall installations shall be signed and
sealed by a Florida registered professional engineer.
(i) Information sufficient to demonstrate that the proposed use meets
the criteria established in the document referred to in Rule 40E- 6.091, F.A.C.; and
0) The estimated length of time needed for completion of the
proposed work once construction has begun.
(2) Applications shall be signed by both the owner(s) and authorized agent, if
applicable.
(3) Applications shall not be considered complete until such time as all
required information as set forth in subsections (1) and (2), above, and insurance and
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financial assurances in accordance with Rule 40E- 6.361, F.A.C., have been received by
the District.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085(1), 373.086, 373.117, 471.003 F.S.
History—New 9- 15-99.
40E -6.221 Conditions for Issuance of Standard Permits.
(1) The District has determined that certain uses shall be authorized under a
standard permit when located in an authorized zone and when they comply with the
criteria established in the Basis of Review, incorporated by reference in Rule 40E- 6.091,
F.A.C. These uses are set forth in the Permit Index Chart included in the Basis of Review.
(2) In determining whether a standard permit should be issued, the District
shall consider whether the proposed activity unduly burdens the District's interests. In
making this decision, the District shall weigh the following critical factors:
(a) interferes with the present or future construction, alteration,
operation or maintenance of the works or lands of the District;
(b) is consistent with the policy and objectives of Chapter 373, F.S.,
including the legislative declaration of policy contained in section 373.016, F.S.
(c) has an actual or potential negative impact upon environmentally
sensitive areas, which include: wetlands; endangered or threatened species habitat;
aquatic preserves; Outstanding Florida Waters; Class I or Class II waters; federal, state
and privately owned parks and wildlife management areas; designated areas of critical
state concern; lands purchased by federal, state and local governments for the purpose
of environmental protection, water resource protection and aesthetics; and lands which
contain native terrestrial plant species in significant amounts. Environmentally sensitive
areas include areas on and off -site that are affected by activities which occur on, or
are initiated from, the works of the District;
(d) degrades water quality within the receiving water body or fails to
meet the provisions of Ch. 373, F.S., the state water policy, and Title 40E, F.A.C.;
(e) involves a discharge of wastewater from a new wastewater source
or an increased discharge from an existing wastewater source;
(f) will discharge debris or aquatic weeds into works of the District or
cause erosion or shoaling within the works of the District;
(g) is supported by financial assurances, which will ensure that the
proposed activity will be conducted in accordance with Chapter 373, F.S. and Chapter
40E -6, F.A.C.;
(h) interferes with scientific activities;
(i) presents an increased liability risk to the District;
0) meets the general and specific criteria in the Basis of Review which
is incorporated by reference in Rule 40E- 6.091, F.A.C.;
(k) interferes with actual or potential public use of the District's works
or lands, including public recreational or other facilities not within the District's works;
(1) meets applicable criteria in Chapters 40E -61 and 4011-62; F.A.C.;
(m) the nature of the District's property interest.
(3) . The District shall consider a permit applicant's past and present violation
of any District rules or permit conditions, including enforcement action, when
14
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1/24/2012 Item 10.E.
determining whether the applicant has provided reasonable assurances that District
standards will be met.
(4) Activities which can be carried out through the District's real property
acquisition and disposal policy will not be eligible for a permit under this chapter.
(5) The District shall also consider the cumulative impact of allowing the
proposed use. Based upon the cumulative impact of allowing similar uses in the
affected area, the District shall deny uses which appear insignificant with regard to the
above criteria if the cumulative impact is significant.
(6) The structural integrity of bridges across District works or lands shall be
certified by a professional engineer registered in the State of Florida, except as provided
in section 471.003, F.S.
(7) In those instances where the District does not own the underlying fee
simple title, applicants may be required to show the necessary legal interest from the
owner of the underlying fee. The District does not, however, assume any duty to protect
the legal rights of the underlying fee owner.
(8) No commercial uses will be allowed on District rights of way. There shall,
however, be no presumption against allowing commercial use of the District right of way
by utilities.
(9) Except for utilities, both essential and non - essential, an applicant must
own or lease the land adjacent to or served by the portion of the works or lands of the
District involved.
(10) In addition to the requirements and restrictions set forth in Subsections (1)
.-. through (9), the District, due to its proprietary interest in its lands and works, possesses
and exercises all the rights and remedies available to owners of real property through
statutory and common law.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.016, 373.085, 373.086, 373.117,
471.003 F.S. History-New 9- 15 -99.
SUBPART C GENERAL PROVISIONS
40E -6.311 Access to Works and Lands of the District; Closures.
(1) Consistent with the District's policy to allow for public access, without
charge, to publicly owned lands, access to Works and Lands of the District by the public
is generally allowed for passive recreational uses.
(2) Works and Lands of the District shall be closed to public use temporarily
under the following conditions:
(a) when necessary for public safety during wildfires or prescribed
burns;
(b) when necessary for scientific activities;
(c) when necessary for construction, operation or maintenance
activities;
(d) when necessary during emergency conditions such as floods,
severe weather events, or wildfire danger for public safety and the protection of the
natural resources; and
(e) when there is an insufficient District property interest to allow for
such public use or access by the general public.
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1/24/2012 Item 10.E.
(3) When necessary on a permanent basis to protect natural, historic or
archaeological resources, or for ongoing scientific activities, such closures shall require
advance public notice and approval by the Governing Board.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.016, 373.085, 373.086, 373.119, 373.1395
F.S. History New 9- 15 -99.
40E -6.321 Duration of Permits.
(1) Permits issued prior to the effective date of September 15, 1999 and
which do not comply with the Basis of Review incorporated by reference in Rule 40E-
6.091, F.A.C., shall expire upon the change of ownership of the property, unless
transferred pursuant to Rule 6.351, F.A.C., below. These authorizations shall not be
transferred to a new property owner and must be immediately removed from the
District's right of way unless a new permit application has been submitted and approved
by the District.
(2) Unless revoked or otherwise modified the duration of a right of way
occupancy permit is:
(a) as set forth in the permit, including the special conditions to the
permit; or
(b) after construction is complete, perpetual, unless revoked.
(3) Permits authorizing construction expire automatically on the date indicated
on the face of the permit, unless a written request for extension is received by the
District on or before the expiration date. If an extension has not been requested prior to
the expiration of the permit, a new application, including the application processing fee,
must be submitted. Upon the expiration of a permit, all construction activities must
cease until the new permit has been issued. Extensions of the construction period may
be granted administratively, or in cases involving litigation, environmental, water
resource, or other impact, shall be referred to the Governing Board for final action. The
District shall decline to extend a permit authorizing construction if the proposed use is
no longer consistent with the objectives of the District or other provisions of these rules.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086 F.S. History—New 9 -3-81,
Amended 12- 29 -86, 9 -15 -99 Formerly 16K -5.07, 40E- 6.321.
40E -6.331 Modification of Permits.
(1) Applications for permit modifications required by this Chapter shall be filed
by formal application, including the permit modification application fee, with the District.
(2) Applications for modification to permitted uses shall be reviewed using the
same criteria as new applications, pursuant to Rules 40E- 6.091, 40E- 6.121, and
40E- 6.221, F.A.C.
(3) Letter modifications may be issued by District staff, provided the
requested modification:
(a) does not substantially alter the permit authorization;
(b) does not interfere with construction, operation and maintenance of
District lands or works; and
(c) is otherwise consistent with the purposes and policies of Chapter
373, F.S. and Chapter 40E -6, F.A.C.
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1/24/2012 Item 10.E.
^ (4) Under sections 373.083 and 373.085, F.S., the District is authorized to
modify a permit when it determines that the currently permitted use has become
inconsistent with the factors and conditions enumerated in Rules 40E -6.121 and 40E-
6.221, F.A.C.
(5) Permit modifications may be initiated by the District in accordance with the
provisions of Chapter 40E-1, F.A.C.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.016, 373.085, 373.086 F.S. History-New
9 -3-81, Amended 12-29-86,12-24-91,9-15-99 Formerly 16K-5.11(l).
40E -6.341 Revocation of Permits.
(1) Under sections 373.083 and 373.085, F.S., the District is authorized to
revoke a right of way occupancy permit under any of the following circumstances:
(a) the permittee or his agent has committed any of the acts
enumerated in Rule 40E- 1.609, F.A.C.;
(b) the permitted use interferes or will interfere with the construction,
alteration, operation, or maintenance of present or proposed works or lands of the
District;
(c) the permittee has failed to immediately comply with an emergency
or other order issued pursuant to Rules 40E -1.611 and 28- 107.005, F.A.C.;
(d) the permitted use is no longer consistent with the factors and
conditions enumerated in Rules 40E -6.121 and 40E- 6.221, F.A.C., the provisions of
Chapter 373, F.S., Title 40E, F.A.C., and the state water policy, Chapter 62-40, F.A.C;
(e) the permitted use is inconsistent with any provision of this rule, or
any subsequent revisions to this rule, including any provision of the Basis of Review,
incorporated by reference in Rule 40E- 6.091, F.A.C.; or
(f) the permitted use is no longer consistent with District policy, based
upon a change in District policy.
(2) Right of Way Occupancy permits are subject to immediate revocation by
the District's Executive Director with the concurrence of the Governing Board if an
emergency condition exists and the continued exercise of the permit might endanger
lives, human safety or property.
(3) Revocations for reasons specified in subsection (1) shall be conducted in
accordance with the procedures specified in Rules 40E -1.609 and 28- 107.004, F.A.C.
Emergency revocations under subsection (2) shall be conducted in accordance with the
procedures specified in Rule 28- 107.005, F.A.C.
(4) The provisions herein shall take precedence over the general revocation
provisions set forth in 40E- 1.609(1) (a) through (e), F.A.C., as the permit program
governing use of works and lands of the District is a proprietary based program. To the
extent there is any conflict between the general provisions of Chapter 40E -1, F.A.C., the
specific provisions of Chapter 40E -6, F.A.C., shall prevail.
Specific Authority 373.044, 373.113 F.S. Law Implemented 120.60(5), 373.085, 373.086, 373.129 F.S.
History—New 9 -3-81, Amended 12-29-86,12-24-91, 9 -15-99 Formerly 16K- 5.07(3), (4).
17
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1/24/2012 Item 10.E.
40E -6.351 Transfer of Permits.
(1) As the District has no control over the sale or transfer of real or personal
property, it is the sole obligation of a permittee to disclose the existence of a Right of
Way Occupancy Permit, its terms and conditions, to prospective purchasers.
(2) Right of Way Occupancy Permits shall be transferred when: .
(a) The request is otherwise consistent with the provisions of these
rules and Chapter 373, F.S.
(b) The applicant demonstrates that the permitted use still qualifies for
a permit under Rules 40E -6.121 or 40E- 6.221, F.A.C.
(c) The applicant agrees to abide by the provisions of Chapter 373,
F.S., this chapter, and the terms and conditions of the permit, including these rules,
including the standard limiting conditions, and criteria which are applicable at the time of
the request for transfer.
(d) The adjoining land use has not changed.
(e) The request for transfer is accompanied, when required, with the
correct fee.
(f) The applicant agrees to record a Notice of Permit in the official
records of the county clerk's office as specified by the District.
(g) In cases where unauthorized facilities or uses have been added
that are not included in the permit authorization, a permit transfer request must also be
accompanied by a request for modification pursuant to Rule 40E- 6.331, F.A.C.
(3) Right of Way Occupancy Permits will be transferred without a fee when
the request for transfer is received within twelve (12) months from the change of
ownership, as evidenced by the date of transfer of ownership appearing in the deed or
other instrument of conveyance.
(4) Requests for transfer of Right of Way Occupancy Permits shall be
assessed a fifty ($50.00) dollar processing fee when the request is received by the
District more than twelve (12) months from the date of change of ownership but prior to
eighteen (18) months from the change of ownership, as evidenced by the date of
transfer of ownership appearing in the deed or other instrument of conveyance.
(5) Transfers requested more than 18 months from the date of change of
ownership shall be denied and require the submission of an application and the
appropriate application processing fee.
(6) All transfers require a field inspection and shall not become effective until
such inspection is conducted and confirms all existing facilities are permitted and all
uses comply with the criteria in Rule 40E- 6.091, F.A.C., and the conditions of issuance
in Rules 40E -6.121 or 40E- 6.221, F.A.C. If additional facilities are present, no transfer
will be allowed unless the unauthorized facility or use is removed immediately and the
right of way restored. Applicants must submit a new standard permit application, along
with the appropriate application processing fee, for all additional facilities not removed
and not currently authorized by a Right of Way Occupancy Permit.
(7) The District staff shall not issue transfers until all financial assurance and
insurance requirements, if any, have been provided and accepted by the District staff.
Specific Authority 373.044, 373.109, 373.113 F.S. Law Implemented 373.085, 373.086, 373.109 F.S.
History—New 9 -3 -81, Amended 12- 29 -86, 9 -15 -99 Formerly 16K -5.10, 16K- 5.11(2), 16K -5.12.
1R
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1/24/2012 Item 10.E.
40E -6.361 Financial Assurances and Insurance.
(1) The District shall require the applicant requesting a right of way occupancy
permit to provide and maintain financial assurances to the District and its successors, in
the form of a cash bond to be held by the District in a non - interest bearing account, a
performance bond issued by a licensed bonding company, a letter of credit issued by a
financial institution authorized to do business in the State of Florida, or other such
instrument approved by the District to ensure full compliance with terms of the permit,
including the proper construction, operation, and maintenance of the facility. The
amount and type of financial assurance shall be determined by the District.
(a) In instances where the District authorizes use of its rights of way as
a temporary haul or access road, which does not include crossing over District
structures or associated facilities, the amount of the financial assurance shall be Five
Thousand ($5,000.00) Dollars per half mile or multiple thereof, with a minimum amount
of Five Thousand ($5,000.00) Dollars.
(b) In instances where the District authorizes the construction of a
private bridge on or across the District's right of way, the amount of the financial
assurance shall be based upon a professional engineer's or certified demolition
company's itemized estimate, to be provided by and paid for by the applicant, of the
cost of the demolition of the bridge, removal of the debris, and restoration of the right of
way. Such estimates shall be reviewed and approved by District staff.
(c) In instances where the District authorizes the installation of a water
or sewer force main installation on or across the District's right of way other than those
constructed by governmental entities, the amount of the financial assurance shall be
based upon a professional engineer's or certified demolition company's itemized
estimate, to be provided by and paid for by the applicant, of the cost of the demolition of
the water or sewer force mains, removal of the debris, and restoration of the right of
way. Such estimates shall be reviewed and approved by District staff. Upon
acceptance by the governmental entity of the facility and the issuance of a permit
transfer by District staff, such financial assurances shall be released.
(d) Any other uses of the District's right of way authorized by the
District are subject to adequate financial assurances as determined necessary and
reasonable by District staff based upon a complete review of the unique circumstances
and the potential liability, both personal injury and property damage, and environmental
risks involved with the specific authorized use.
(2) In addition to the provision for financial assurances as provided in
subsection (1), above, the District shall require liability insurance, naming the District as
an additional insured, in such amount and type as the District staff determines
necessary. All insurance must be written by a company duly authorized to do business
in the State of Florida or provided pursuant to a self insurance program consistent with
the requirements of Florida law.
(3) Any applicable financial assurance or insurance requirement set forth
above shall be maintained as a condition of the continued validity of the right of way
occupancy permit.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 373.103 F.S. History—New
^ 9- 15 -99.
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1/24/2012 Item 10.E.
40E -6.381 Limiting Conditions.
The District's authorization to utilize lands and other works constitutes a revocable
license (including both notice general permits and standard permits). In consideration for
receipt of that license, permittees shall agree to be bound by the following standard limiting
conditions, which shall be included within all permits issued pursuant to this chapter:
(1) All structures on District works or lands constructed by permittee shall
remain the property of permittee, who shall be solely responsible for ensuring that such
structures and other uses remain in good and safe condition. Permittees are advised
that other federal, state and local safety standards may govern the occupancy and use
of the District's lands and works. The District assumes no duty with regard to ensuring
that such uses are so maintained and assumes no liability with regard to injuries caused
to others by any such failure.
(2) Permittee solely acknowledges and accepts the duty and all associated
responsibilities to incorporate safety features, which meet applicable engineering
practice and accepted industry standards, into the design, construction, operation and
continued maintenance of the permitted facilities /authorized use. This duty shall
include, but not be limited to, permittee's consideration of the District's regulation and
potential fluctuation, without notice, of water levels in canals and works, as well as the
permittee's consideration of upgrades and modifications to the permitted
facilities /authorized use which may be necessary to meet any future changes to
applicable engineering practice and accepted industry standards. Permittee
acknowledges that the District's review and issuance of this permit, including, but not
limited to, any field inspections performed by the District, does not in any way consider
or ensure that the permitted facilities /authorized use is planned, designed, engineered,
constructed, or will be operated, maintained or modified so as to meet applicable
engineering practice and accepted industry standards, or otherwise provide any safety
protections. Permittee further acknowledges that any inquiries, discussions, or
representations, whether verbal or written, by or with any District staff or representative
during the permit review and issuance process, including, but not limited to, any field
inspections, shall not in any way be relied upon by permittee as the District's
assumption of any duty to incorporate safety features, as set forth above, and shall also
not be relied upon by permittee in order to meet permittee's duty to incorporate safety
features, as set forth above.
(3) Permittee agrees to abide by all of the terms and conditions of this permit,
including any representations made on the permit application and related documents.
This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter
40E -6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to
pay all removal and restoration costs, investigative costs, court costs and reasonable
attorney's fees, including appeals, resulting from any action taken by the District to
obtain compliance with the conditions of the permit or removal of the permitted use. If
District legal action is taken by staff counsel, "reasonable attorney's fees" is understood
to mean the fair market value of the services provided, based upon what a private
attorney would charge.
(4) This permit does not create any vested rights, and except for
governmental entities and utilities, is revocable at will upon reasonable prior written
notice. Permittee bears all risk of loss as to monies expended in furtherance of the
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1/24/2012 Item 10.E.
permitted use. Upon revocation, the permittee shall promptly modify, relocate or
remove the permitted use and properly restore the right of way to the District's
satisfaction. In the event of failure to so comply within the specified time, the District
may remove the permitted use and permittee shall be responsible for all removal and
restoration costs.
(5) This permit does not convey any property rights nor any rights or
privileges other than those specified herein and this permit shall not, in any way, be
construed as an abandonment or any other such impairment or disposition of the
District's property rights. The District approves the permitted use only to the extent of
its interest in the works of the District. Permittee shall obtain all other necessary
federal, state, local, special district and private authorizations prior to the start of any
construction or alteration authorized by the permit. Permittee shall comply with any
more stringent conditions or provisions which may be set forth in other required permits
or other authorizations. The District, however, assumes no duty to ensure that any such
authorizations have been obtained or to protect the legal rights of the underlying fee
owner, in those instances where the District owns less than fee.
(6) Unless specifically prohibited or limited by statute, Permittee agrees to
indemnify, defend and save the District (which used herein includes the District and its
past, present and future employees, agents, representatives, officers and Governing
Board members and any of their successors and assigns) from and against any and all
lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including
but not limited to the fair market value of the District's inhouse attorneys' fees based
upon private attorneys' fees /rates), judgments and liabilities which arise from or may be
related to the ownership, construction, maintenance or operation of the permitted use or
the possession, utilization, maintenance, occupancy or ingress and egress of the
District's right of way which arise directly or indirectly and are caused in whole or in part
by the acts, omissions or negligence of the District or of third parties. Permittee agrees
to provide legal counsel acceptable to the District if requested for the defense of any
such claims.
(7) The District does not waive sovereign immunity in any respect.
(8) The permittee shall not engage in any activity regarding the permitted use
which interferes with the construction, alteration, maintenance or operation of the works
of the District, including:
(a) discharge of debris or aquatic weeds into the works of the District;
(b) causing erosion or shoaling within the works of the District;
(c) planting trees or shrubs or erecting structures which limit or prohibit
access by District equipment and vehicles, except as may be authorized by the permit.
Permittee shall be responsible for any costs incurred by the District resulting from
any such interference, as set forth in (a), (b), and (c), above;
(d) leaving construction or other debris on the District's right of way or
waterway;
(e) damaging District berms and levees;
(f) the removal of District owned spoil material;
(g) removal of or damage to District locks, gates, and fencing;
or (h) opening of District rights of way to unauthorized vehicular access;
^
1]
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1/24/2012 Item 10.E.
(i) running or allowing livestock on the District's right of way.
(9) The District is not responsible for any personal injury or property damage
which may directly or indirectly result from the use of water from the District's canal or
any activities which may include use or contact with water from the District's canal,
since the District periodically sprays its canals for aquatic weed control purposes and
uses substances which may be harmful to human health or plant life.
(10) Permittee shall allow the District to inspect the permitted use at any
reasonable time.
(11) Permittee shall allow, without charge or any interference, the District, its
employees, agents, and contractors, to utilize the permitted facilities before, during and
after construction for the purpose of conducting the District's, routine and emergency,
canal operation, maintenance, and construction activities. To the extent there is any
conflicting use, the District's use shall have priority over the permittee's use.
(12) This permit is a non - exclusive revocable license. Permittee shall not
interfere with any other existing or future permitted uses or facilities authorized by the
District.
(13) The District has the right to change, regulate, limit, schedule, or suspend
discharges into, or withdrawals from, works of the District in accordance with criteria
established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers
for the works of the District.
(14) If the use involves the construction of facilities for a non exempt water
withdrawal or surface water discharge, the applicant must apply for and obtain a water
use or surface water management permit before or concurrently with any activities
which may be conducted pursuant to the right of way occupancy permit.
(15) The District shall notify the local ad valorem taxing authority of the lands
affected by the permitted use, where the permittee owns the underlying fee and derives
a substantial benefit from the permitted use. The taxing authority may reinstate such
lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit
revocation. Such permit revocation shall not alleviate the responsibility of the permittee
to pay all taxes due and payable.
(16) Permittee shall provide prior written notice to their successors in title of the
permit and its terms and conditions.
(17) Permittee shall record a Notice of Permit through filing the appropriate
notice agreed to by the District in the public records of the county or counties where the
project is located and by providing the District with proof of filing or through an
equivalent procedure. All costs associated with this requirement shall be the
responsibility of the permittee. Governmental entities and utilities are not subject to this
provision.
(18) This permit is contingent upon compliance with the recording of the Notice
of Permit. Failure to provide proof of the recording of the Notice of Permit will result in
the permit becoming invalid on its own terms, the removal of any existing facilities within
the right of way, restoration of the right of way to the District's satisfaction, at the
permittee's expense, and the possible assessment of civil penalties.
(19) Permittee shall be responsible for the repair or replacement of any existing
facilities located within the District's right of way which are damaged as a result of the
installation or maintenance of the authorized facility.
Packet Page -1068-
1/24/2012 Item 10.E.
(20) All obligations under the terms of this permit authorization and any
subsequent modifications hereto shall be joint and several as to all owners.
(21) It is the responsibility of the permittee to make prospective bidders aware
of the terms and conditions of this permit. It shall be the responsibility of the permittee's
contractors to understand the terms and conditions of this permit and govem
themselves accordingly.
(22) It is the responsibility of the permittee to bring to the attention of the
District any conflict in the permit authorization or permit conditions in order that they
may be resolved prior to the start of construction. In resolving such conflicts the
District's determination will be final.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085(1), 373.086, 373.103, 373.109,
373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9 -3 -81, Amended 5-30-82,12-29-86,12-
24-91, 9 -15-99 Formerly 16K-5.01(2),16K-5.02(2),16K-5.03(2),16K-5.04(4), 16K -5.05, 40E- 6.381.
PART III — EMERGENCIES
40E -6.451 Emergency Authorization.
(1) Permission to begin use of works or lands of the District prior to the
issuance of a permit shall be granted pursuant to Rule 40E- 1.6115 and 40E- 0.108,
F.A.C.
(2) All requests for emergency authorizations must be submitted with both the
emergency application processing fee set forth in Rule 40E- 6.601(2)(h), F.A.C., in
addition to the applicable standard permit application processing fee set forth in Rules
40E- 6.601(2)(d) through (g), F.A.C.
(3) In order to be eligible for an emergency permit authorization the applicant
must have already filed a standard permit application with the District or simultaneously
file a standard permit application with the District.
(4) In addition to the required standard permit application contents, the
applicant must also file a written statement with the District which fully explains the
basis and circumstances which support and justify the request for emergency
authorization.
(5) Mere carelessness or lack of planning on the part of the applicant shall not
be sufficient grounds to warrant the granting of an emergency authorization.
(6) The Executive Director may grant an emergency authorization pursuant to
section 373.119(2),F.S.
Speck Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 373.119, 373.439 F.S.
History—New 9 -3-81, Amended 12- 29 -86, 7 -1 -98, 9 -15 -99 Formerly 16K -5.09, 40E- 6.451.
40E -6.481 Emergency Measures
(1) In addition to the provisions of Rule 40E- 6.521, F.A.C., permitted uses are
also subject to immediate alteration, repair or removal if an emergency condition exists
and the continued exercise of the permitted use might endanger lives or property.
(2) In such event the permittee shall immediately comply with any written or
oral instructions from the District regarding alteration, repair or removal of the permitted
use.
23
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1/24/2012 Item 10.E.
(3) If the permittee fails to remove, alter or repair a permitted use when so
ordered by the District, the District may repair, alter or remove it at the permittee's
expense.
(4) Permittee may request an administrative hearing regarding the emergency
order in accordance with the procedures set forth in Rule 28- 107.004, F.A.C.
(5) In addition to the provision of Rule 40E- 6.521, F.A.C., unpermitted uses
are also subject to the provisions of this section.
(6) In no circumstances shall the District be responsible for any claims or
damages caused in whole or in part, from any necessary emergency removal,
alteration, or repair of any permitted or unpermitted use.
(7) All permitted and unpermitted uses are subject to the specific terms of an
Emergency Order(s) which may be issued by the District.
Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 373.119, 373.439, F.S.
History—New 9 -3-81, Amended 12- 29 -86, 7 -1 -98, 9 -15-99 Formerly 16K-5.08,40E-6.481.
PART IV - VIOLATIONS
40E -6.501 Unlawful Use and Civil Penalties.
(1) It shall be unlawful to connect with, place structures in or across, or
otherwise make use of works or lands of the District without a Right of Way Occupancy
Permit. The District may use any remedy available to it under Florida common law and
statutory law and the District's rules, to remove or cause the unpermitted use to be
removed, as well as the assessment of civil penalties pursuant to this rule.
(2) It shall be unlawful for any permittee to violate the provisions of Chapter
373, F.S., Chapter 40E -6, F.A.C., or the terms and conditions of a Right of Way
Occupancy Permit. The District shall use any remedy available to it under Florida
common law and statutory law and the District's rules, to remove or cause the
unpermitted use to be removed, as well as the assessment of civil penalties pursuant to
this rule. The District shall, at its discretion, in furtherance of the purposes of Chapter
373, F.S., allow the permitted use to be brought into compliance with the permit by
means of a permit modification if the unlawful use complies with the criteria set forth in
Rule 40E- 6.091, F.A.C.
(3) Damage to works or lands of the District resulting from the violations
specified in subsections (1) and (2), above, shall, within the timeframes and in a manner
consistent with the District's requirements, be repaired by the violator to the satisfaction
of the District, however, the District reserves the right to make any and all necessary
repairs, the full cost of which shall be the responsibility of the violator.
(4) Violators shall be responsible for payment of civil penalties up to
$10,000.00 per day, per violation, pursuant to section 373.129, F.S., investigative costs
and the District's attorney's fees (including appeals).
(5) Factors considered in the assessment of civil penalties shall be:
(a) habitual violator;
(b) threat to health, safety, and welfare (flooding);
(c) immediacy of threat;
(d) severity of impact (size of drainage basin); �.
(e) potential for damage to surrounding property;
')a
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1/24/2012 Item 10.E.
(f) threat to District staff if self -help used
(g) exposure of District to other liabilities;
(h) environmental impact;
(i) water quality; and
0) unusual circumstances.
(6) Vessels which are being occupied or used as a temporary or permanent
residence or business, or other vessels which have an adverse impact on the District's
ability to construct, operate, and maintain its canals and structures, will not be
permitted within District works or lands. However, this limitation shall not be construed
to prohibit vessels which are actively navigating from place to place.
(7) The planting of any non - native vegetation not included on the District's
designated plant list or specifically authorized by District permit within District works or
lands will not be permitted.
(8) The abandonment of personal property within District works or lands will
not be permitted.
(9) Use of the works or lands of the District as a temporary or permanent
place of residence or shelter will not be permitted.
(10) It shall be unlawful for any person or entity to remove any spoil, without
authorization from the District, and the District specifically reserves any and all rights to
pursue such violations in both criminal and civil proceedings, in addition to the
provisions contained herein.
Specific Authority 373.044, 373.113, 373.129 F.S. Law Implemented 373.085, 373.086, 373.603, 373.609,
373.613 F.S. History—New 9 -15-99 Formerly 16K -5.06, 40E -6.491.
40E -6.521 Self Help.
(1) Unlawful uses or facilities placed within the works or lands of the District
are subject to removal and restoration at the District's discretion with no guarantee of
salvageability. In no circumstances shall the District be responsible for any claims or
damages caused, in whole or in part, from any self help removal and restoration of any
unlawful uses or facilities.
(2) When employing self help, the District is not required to provide any notice
of its intended action.
(3) The District may seek to recover removal and restoration costs,
investigative costs, and attorneys fees and costs (including appeals) incurred in carrying
out self help done to resolve the unlawful use of District works and lands.
Specific Authority 373.044, 373.113, 373.129 F.S. Law Implemented 373.085, 373.086, 373.603, 373.609,
373.613 F.S. History—New 9 -15-99
PART V — PROCESSING FEES
40E -6.601 Permit Application Processing Fees.
(1) A permit application processing fee is required and shall be paid to the
District when applications are filed pursuant to District rules to connect with and make
use of the works and lands of the District. An application is not deemed complete and
.-� shall not be processed until the appropriate application fee is submitted. These fees are
1) 1;
Packet Page -1071-
1/24/2012 Item 10.E.
assessed in order to defray the cost of evaluating, processing, and mailing required in
connection with consideration of such applications. Fees are non - refundable in whole
or part unless the activity for which an application is filed is determined by the District to
be exempt or the fee submitted is determined by the District to be incorrect.
(2) Based upon years of experience in reviewing applications for District right
of way occupancy permits, the District has determined that applications for existing
facilities or uses require additional staff time and resources (as compared to proposed
facilities) in order to thoroughly review and inspect, and this differential shall be reflected
in the application processing fees for all right of way occupancy permit authorizations as
set forth herein.
(3) The fee for permit applications reviewed pursuant to Chapter 40E -6,
F.A.C, are as follows:
(a) Notice General Permit Application, Notice General Permit
Modification Application relating to a single family residential use (Category
NGP- 1) ............................ .............................No Fee
(b) Notice General Permit Application, Notice General Permit
Modification Application for uses proposed by homeowners associations and
condominium associations relating to more than one individual lot or dwelling unit
(Category NGP- 2) ........................ ........................$150.00
(c) Notice General Permit Application, Notice General Permit
Modification Application for uses proposed by developers, builders, corporate entities,
utilities, county, state, or local entities (Category NGP -3) .................. $300.00
(d) Notice General Permit Application, Notice General Permit
Modification Application relating to bridges, excluding culvert bridges
(Category NGP- 4) ........................ ........................$900.00
(e) Standard Permit Application, Standard Permit Modification
Application relating to a single family residential use which does not meet Notice
General Permit Criteria (Category SP -1) ............................... $75.00
(f) Standard Permit Application, Standard Permit Modification
Application relating to uses by homeowners associations and condominium
associations and do not meet Notice General Permit Criteria (Category SP -2) ..$300.00
(g) Standard Permit Application, Standard Permit Modification
Application relating to uses by developers, builders, corporate entities, utilities, county,
state, or local entities, as well as all other uses not covered in Categories SPA, SP -2
and SP-4 (Category SP -3) .................. ........................$625.00
(h) Standard Permit Application, Standard Permit Modification
Application relating to uses involving bridges, linear parks, greenways, similar park and
recreation projects, marinas and associated facilities (Category SP-4) ...... $1750.00
(i) Application for emergency authorization pursuant to Rule
40E- 6.401, F.A.0 . ................ ............................... $275.00
(j) Transfer Fees are set forth in Rule 40E- 6.351, F.A.C., above.
(4) Notwithstanding the provisions set forth in this rule, upon request, the
District shall waive any and all right of way occupancy permit application processing
fees for right of way occupancy permit applications submitted by the governing body of
a governmental entity only if provided with a resolution or other documentation as to the
reciprocity commitment of the respective governmental entity applying for the right of
26
Packet Page -1072-
1/24/2012 Item 10.E.
way occupancy permit and clearly establishing that governmental entity's reciprocal
waiver of any and all fees required for the District to carry out canal operation,
maintenance, and construction activities for the District.
(5) Notwithstanding the provisions set forth in this rule, no permit application
processing fee will be required from utilities or other necessary service providers, where
the permitted facility or use of the works or lands of the District is required to supply
utility or other necessary service to an existing or proposed District facility.
(6) The above permit application processing fees shall not apply to either the
Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida for facilities and
uses located exclusively within the boundaries of their respective reservations or
included in leases with the District.
Specific Authority 373.044, 373.109, 373.113 F.S. Law Implemented 373.109, 373.083(1), 373.085,
373.086 F.S. History—New 9 -15 -99 Formerly 40E- 1.607(6), F.A.C.
77
Packet Page -1073-
1/24/2012 Item 10.E. j
C -11759
COOPERA11W AGREEMENT
y� •t
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ON BEHALF OF TBE BIG CYPRESS BASIN
AND
COLLIER COUNTY, FLORIDA
THIS COOPERATIVE AGRF.EMN, ("AGREEMENT "), made and entered into this
l3 day of 0 2000 _ by and between "the Parties," the South Florida
Water Management District a public corporadon of the State of Florida, ( "the DISTRICT ") on
behalf of the Big Cypress Basin and CoI1imr County, a political subdivision of the State of
Florida, ( "the COUNTY ").
WI',U- :SSETH:
THAT WHEREAS, the DISTRICT is an independent taxing authority, created by the
Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, n
Florida Statutes; and
WHEREAS, it is the desire and the im= of the parties that the DISTRICT continue to
assume the responsibility, first agreed to under Agreement C91 -2158 dated February 19; 19919
for the control, operation and maintenance of designated primary watercourses which have a
significant impact upon the water resources in the DISTRICT and Collier County, Florida; and
WHEREAS, for the purpose of estanfish�mg the DISTRICT as such control agency, it is
necessary that certain watercourses as deed in § §373.019, and 373.086 F.S., be declared
"Works of the Basin" and "Works of the DisaicC; and
WHEREAS, the DISTRICT has adopird as "Works of the Basin" the watercourses
listed on Exhibit "A" and depicted on Exhibit 'B," both of which are attached to this
AGREEMENT, and it is acknowledged tim the above constitute only a part of all of the
existing watercourses in Collier County, Florida; and
WHEREAS, the Big Cypress Basin Board has the statutory authority through
§373.0695(3), Florida Statutes to declare and adopt additional watercourses as "Works of the
Basin" and has approved entering into this AGREEMENT on May 28, 1999; and
WHEREAS, the DISTRICT and COUNTY have agreed that the responsibility for
planning, operation, maintenance and .capi:ml ' r , c vements of the primary watercourses listed
on Exhibit "A" and of any additional wat-.—.a=scs that may be adopted in the future as "Works
Contract C- 11759_ Pave 1 of 7
Packet Page -1074-
1/24/2012 Item 10.E.
of the Basin" and "Works of the District" shall he with the DISTRICT, while the responsibility
for planning, operation, maintenance and capital improvements of all other watercourses known
as secondary watercourses shall lie with the COUNTY; and
WHEREAS, the Governing Board of the DISTRICT has approved entering into this
AGREMENT at its May 11, 2000 Governing Board meeting;
NOW, THEREFORE, in consideration of the benefits flowing from each to the other, the
DISTRICT on behalf of the Big Cypress Basin and the COUNTY agree as follows:
L The purpose of this AGREEMENT is to provide a mechanism for continuation of the
Parties' responsibilities and obligations regarding operation and maintenance of watercourses
and water control structures delineated in Agreement No. C91 -2158 dated February 19, 1991
when Agreement No. C91 -2158 expires on February 28, 2001. Accordingly., unless extended or
earlier terminated, this AGREEMENT shall commence on February 28, 2001 and continue for a
period of ten (10) years to February 28, 2011, and may be renewed upon mutual agreement
the parties. Notice of intent to renew or not to renew shall be delivered to the othr party in
writing between February 28, 2009 and May 31, 2009. In the event that the parties cannot
mutually agree to an extended renewal period, this AGREEMENT shall lapse and terminate on
its own accord on February 28, 2011. Hereafter the DISTRICT shall continue to be the public
agency in Collier County, Florida, responsible for the control, operation and maintenance of the
watercourses listed in Exhibit "A ", and depicted on Exhibit "B," both of which are attached
hereto and made a part of this AGREEMENT.
2. The Project Managers for the DISTRICT and for the COUNTY are as follows:
DISTRICT
Name: Clarence Tears or
Current Director, Big Cypress Basin
Street: 6089 Janes Lane
City:
Naples
State:
Florida
Zip:
34109
Tel:
941 -597 -1505
COUNTY
John Boldt or Current
Stormwater Management Director
Collier County Gov't Complex
3301 Tamiami Trail East
Naples
Florida
34112
941- 732 -2501
The parties shall direct all matters arising in connection with the performance of this
AGREEMENT to the attention of the Project Managers for attempted resolution or action. The
Project Managers shall be responsible for overall coordination and oversight relating o the
Performance of this AGREEMENT. g
3. All notices to the COUNTY under this AGREEMENT shall be in writing and sent by
certified mail to the Public Works Director, or his designee. All notices to the DISTRICT under
this AGREEMENT shall be in writing and sent by certified mail to:
Contract C -1 1759, Page 2 of 7
Packet Page -1075-
1/24/2012 Item 10.E.
South Florida Water Management District "
Attn: Procur==nt Division ^
P. 0. Box 24680
West Palm Bead F-Z 33416 -4680
The COUNTY shall also provide a copy of ail entices to the DISTRICT's Project Manager. All
notices required by this AGREEMENT shall be considered delivered upon receipt. Should
either party change its address or designaL -di z viect Managers, immediate written notice of the
new address and/or Project Manager shall be seat to the other party.
.4. The COUNTY shall continue to ruse, release and relinquish all rights and
responsibilities over the said watercourses with respects to control, operation and maintenance to
the extent necessary for the DISTRICT to ea. --use those water management functions set forth
under this AGREEMENT.
5. The COUNTY, to the extent of its authority, shall provide to the DISTRICT water
management easements for such purposes as are necessary to operate and maintain the
watercourses described in this AGREEMENT and shall also provide maintenance easements
adjacent to any subdivision proposed purse= to the execution of this AGREEMENT. Such
maintenance easements shall run for the dMM&M of this AGREEMENT and shall revert to the
COUNTY in the event of the termination of this AGREEMENT. In the event of termination of
this AGREEMENT, the DISTRICT shall punkk notice, in writing, including such documents
as may be recorded in the Public Record, of the effective date of such reversion. The COUNTY
shall notify the DISTRICT of any proposed subdivision adjacent to or including any of the ^
watercourses Iisted in Exhibit "A." Such easemeurs shall be approved by the DISTRICT, within
thirty (30) days, prior to the COUNTY's approvaI of the subdivision plats.
6. Nothing in this AGREEMENT sha1J obligate the DISTRICT to control, operate or
maintain any watercourse for which the C042�7Y has not previously furnished to the
DISTRICT an acceptable easement unless tim DISTRICT has separately obtained an easement
for the watercourse.
7. The DISTRICT shall have the authority to acquire additional easements as deemed
necessary for operations, maintenance and/orcmtstruction of capital improvement projects. Any
such acquirements shall be recorded in the Pabuc Records of Collier County.
8. Subject to Governing Board budge=v approval as specified in paragraph 15, the
DISTRICT shall fund and develop a regional wazz hed management plan and individual basin
plans for the primary watercourses, and irk the capital improvements recommended in
such plans designed to provide the levels of sm-y for flood protection, water quality, water
supply, and environmental quality targeted in the COUNTY's Growth Management Plan. If the
targeted levels of service cannot be attained in an economically feasible and environmentally
sound manner, the Basin Study will recon±m= a-rmised level of service that may be attained in
an economically feasible and environmentarf oun
sd manner for inclusion in the COUNTY's
Growth Management Plan.
Contract C- 11755. Page 3 of 7
Packet Page -1076-
�- 1/24/2012 Item 10. E.
^ 9- , The COUNTY shall fund detailed studies of the secondary watercourses and their
respective basins throughout Collier County and implement capital improvements /modifications
recommended by such studies. The COUNTY and DISTRICT shall cooperate in the
development of these studies funded by the COUNTY with DISTRICT staff assistance in:
A) Preparation of the Scope of Study.
B) Input on consideration of alternatives developed for improvements and remedial
measures.
C) Input during drafting of the Basin Study for prioritization and implementation of
recommended projects.
D) Input on how the individual Basin Studies interact.
The COUNTY shall reserve the right to request partial funding from the Big Cypress Basin
Board for support in such Basin Studies of secondary watercourses.
10. The Big Cypress Basin Watershed Management Plan and such subsequent plans shall be
subject to review and approval by both the DISTRICT, through the Big Cypress Basin Board,
and COUNTY, through the Collier County Board of County Commissioners, prior to
implementation of-
* Level of Service Recommendations
- Capital Improvements and Capital Improvements Schedules
- Operation and Maintenance Enhancement Proposals.
11. The DISTRICT and COUNTY may cooperate to obtain and utilize alternative funding
methods to accomplish the above improvements on a case by case basis.
12- It is the intent of the DISTRICT to use its best efforts to operate the various
watercourses and water level control structures to meet the water management needs of the
region as a whole. The DISTRICT shall operate the structures and watercourses dependent on
antecedent and forecasted climatological conditions to maximize reasonable and beneficial use
of the resource and balance the needs of flood control, water supply and environmental concerns.
The DISTRICT and COUNTY may confer on alternative operational actions for
DISTRICT/BASIN or COUNTY water level control structures.
13. It is the intent of the DISTRICT and the COUNTY that the DISTRICT shall maintain
those watercourses and water level control structures to the level of service existing at the time of
adoption as "Works" as of the dates specified under Agreement C91 -2158 and subsequent
amendments thereto. Further capital improvement responsibilities are outlined in Paragraphs 8
and 9 of this AGREEMENT,
14- Notwithstanding any provisions of this AGREEMENT to the contrary,
not be held liable if failure or delay in the performance of this AGREEMENT�arisesfrt fresl
floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war,
rx- smaint of Government, riots, civil commotion, force majeure, act of God, or for any other cause
of the same character which is unavoidable through the exercise of due care and beyond the
=ntrol of the parties.
Contract r -1 17;0 D. — A „P -7
Packet Page -1077-
1/24/2012 Item 10.E.
15. In general, maintenance to the Works of the Basin includes but is not Iimited to:
• Water Level Control Structure Maintrs
• Aquatic Plant Control
• Maintenance Shoal Removal
• Removal of Flow Obstructions
• Canal Bank Maintenance if operation of the system is impaired.
16. This AGREEMENT is contingent upon tine DISTRICT's funding and budget approval
by the DISTRICT for the adoption and maintenance of the watercourses listed in Exhibit "A"
and depicted on Exhibit "B" both of which are attached and made a part of this AGREEMENT,
as well as any other watercourses added thereto by the DISTRICT. The failure of either party to
obtain sufficient funding to cover its respective obligations pursuant to the terms of this
AGREEMENT will be a cause for either party to terminate this AGREEMENT for
convenience. In such event this AGREEMENT may be terminated by either party by providing
the other party with thirty (30) days advance wrimm notice. In such event, both parties shall be
relieved of any and all future obligations under this AGREEMENT as of the effective date of
termination, including but not limited to, lost revenuers and consequential damages.
17. In the event of termination of this AGREEMENT, the control, operation and
maintenance of the watercourses and structures addressed herein shall revert to the COUNTY
within Eighty (80) calendar days of termination.
18. In the event of emergency operations, the DISTRICT and COUNTY may coordinate
their available resources and cooperate to address the existing situation(s).
19. The DISTRICT and COUNTY may at their mutual discretion enter into future
Cooperative Agreements, as they deem appropriate_
20. The parties hereto acknowledge that they am self- insured public entities.
21. To the extent permitted by Florida law, the COUNTY shalt assume any and all risks of
personal injury, bodily injury and property damage attri- butable to the negligent acts or omissions
of the COUNTY and the officers, employees, servmm and agents thereof.
22. To the extent permitted by Florida Iaw, the DISTRICT shall assume any and all risks of
personal injury, bodily injury and property damage amimitable to the negligent acts or omissions
of the DISTRICT and the officers, employees, servaats, and agents thereof.
23. The COUNTY and the DISTRICT further aLrr-- that nothing contained herein shall be
construed or interpreted as (1) denying to either pagy any remedy or defense available to such
party under the laws of the State of Florida; (2) the =went of the State of Florida or its agents
and agencies to be sued; or (3) a waiver of soveresg - riamunity of the State of Florida beyond the
waiver provided in Section 768.28, Florida Statutes
24. This AGREEMENT maybe amended only with-the written approval of the parties.
Contract r -t 17so Pay. 1;
Packet Page -1078-
1/24/2012 Item 10.E.
25. The parties shall allow public access to all project documents and materials in accordance
with the provisions of Chapter 119, Florida Statutes.
26- The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the
event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue
wall be in the Fifteenth Judicial Circuit for claims under state Iaw, and the Southern District of
Florida for any claims which are justiciable in federal court.
-n- By execution of this AGREEMENT, neither the COUNTY, nor the DISTRICT are
wing any liabilities or duties whatsoever, of the other, which may then exist or have
previously accrued to any third party, including, but not limited to, personal injury, property
damage, inverse condemnation, etc., resulting from either party's ownership, operation or control
over such watercourses, water control facilities, and related works, prior to the date of adoption
arrelease of same as "Works of the District" and "Works of the Basin."
28- This AGREEMENT states the entire understanding between the parties and supersedes
any written or oral representations, statements, negotiations, or agreements to the contrary. The
parries recognize that any representations, statements or negotiations made by DISTRICT or
COUNTY staff do not suffice to legally bind the parties in a contractual relationship unless they
have been reduced to writing, authorized, and signed by authorized representatives of the parties.
This AGREEMENT shall bind the parties, their assigns, and successors in interest.
Contract 1- -1 1759 Pao^ F ^f7
Packet Page -1079-
� Slaloa
��- 1/24/2012 Item 10.E.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day,
month and year first above written.
SOUTH FLORIDA WATERMANAGEMENT DISTRICT
BY ITS GOVERNLNG BOARD
SFWMD PROCUREMENT APPROVED:
BY: DATE: ��'1
Approved as to form
amUeLral fficienc
ou ttorney
By: G . - r r'/ / --7 4&-,-
ls�iedg�ior- e_� 7�-
CLEMENT RUM. PROCUREMENT DIRECTOR
COLLIER COUNTY
BOARD OF COUNT
By
BY ITS
V
ATTEST. Vairperson
ATTEST: DWIGHTE= BAOCK, CLEW
r _
as to Chairman's
signatum only•
Contract C- 11759_ Pave 7 of 7
Packet Page -1080-
EXHIBIT "A"
WORKS OF THE DISTRICTBASIN
CANALS
Golden Gate Main Canal
1-75 Canal
Airport Road Canal
Faka Union Canal
Miller Canal
Cypress Canal
Merritt Canal
Prairie Canal
Henderson Creek Canal
Cocohatchee Canal
S.R. 29 Canal
Corkscrew Canal and Side Branches
Golden Gate Side Branch
Orangetree Canal
Curry Canal
Green Canal
C-R. 951 Canal
C -1 Connector Canal
Total
MILES
27.25
7.00
7.25
29.50
18.75
8.00
12.00
10.00
6.75
11.95
.00
6.20
2.00
2.15
2.00
3.00
7.20
2.00
163.00 Miles
Page 1 of 3, Exhibit "A"
Packet Page -1081-
1/24/2012 Item 10.E.
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�-- 1/24/2012 Item 10.E.
SUMMARY OF DRAINAGE STRUCTURES =
'� NUMBER OF
CANALS STRUC S STRUCTURE NAMES
Golden Gate Main
CA Canal 6
Golden Gate Main Canal
Side Branch
I Q-- I -75 Canal
I .Airport Road C
Faka Union Canal
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Cypress Canal
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Page 3 of 3, Exhibit "A
Packet Page -1083-
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MILLER *3
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COCO -2
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. BIa CYPRESS BASIN -
. 1/24/2012 Item: 10.E.
CANALS A 7 WATER CONTROL STRyuruxt5
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AMENDMENT TO
COOOPERATIVE AGREEMENT (C- 11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
1/24/2012 Item 10.E.
THIS AMENDMENT ( "Amendment"), is entered into as of the /0 day of 2011 by and between
SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as "DISTRICT "), COLLIER
COUNTY, FLORIDA a political subdivision of the State of Florida (hereinafter referred to as "COUNTY ").
WITNESSETH:
WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative Agreement (the "Agreement ") dated
October 13, 2000, designated by the District as Contract C- 11759, and commonly known as the Assignment and Assumption
Agreement; and
WHEREAS, DISTRICT and COUNTY desire to prevent the Agreement from lapsing and terminating, in accordance
with paragraph 1 of the Agreement, on February 28, 2011; and
WHEREAS, the defined terms in this Amendment shall have the same definitions as defined in the Agreement;
NOW THEREFORE for good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged, DISTRICT and COUNTY and hereby amend the Agreement to extend the Closing Date as follows:
The foregoing recitals are true and correct and are hereby incorporated herein by reference.
2. The termination date of the Agreement set forth in paragraph 1 of the Agreement is hereby extended from
February 28, 2011 to May 31, 2011.
The Agreement, except as herein modified and amended, shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the date and year first
above written.
ATTI
(Seal)
r
`t3Y;
ATTEST, -``.
(Seal)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS
GOVERNING BOARD
..
Cke1 rte
Executed by DISTRICT on:
COLLIER.,. UNT-', FLORID
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1/24/2012 Item 10.E.
SECOND AMENDMENT TO
COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS AMENDMENT ( "Amendment "), is entered into as of the (C, h day of
lna,A _, 2011 by and between SOUTH FLORIDA WATER MANAGEMENT
DISTRIC (hereinafter referred to as "DISTRICT "), COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "COUNTY ").
WITNESSETH:
WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative
Agreement (the "Agreement ") dated October 13, 2000, designated by the District as
Contract C- 11759, and commonly known as the Assignment and Assumption
Agreement; and
WHEREAS, DISTRICT and COUNTY previously agreed to prevent the
Agreement from lapsing and terminating, in accordance with paragraph 1 of the
Agreement, by agreeing to an extension of the termination date set forth in Agreement
from February 28, 2011 to May 31, 2011; and
WHEREAS, the DISTRICT and COUNTY desire to further extend the termination
date of the Agreement to from May 31, 2011 to September 30, 2012, subject to the
terms of this Second Amendment to the Agreement; and
WHEREAS, the defined terms in this Amendment shall have the same definitions
as defined in the Agreement;
NOW THEREFORE for good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, DISTRICT and COUNTY hereby agree and
amend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. The termination date of the Agreement set forth in paragraph 1 of the
Cooperative Agreement (C- 11759), and paragraph 2 of the First Amendment to
Cooperative Agreement (C- 11759), is hereby extended to September 30, 2012.
3. The DISTRICT and the COUNTY may by mutual consent renew the
Agreement for a period of an additional four years.
4. During the term of the Cooperative Agreement, DISTRICT and COUNTY
shall work together to resolve existing issues with the goal of reaching a long term
cooperative agreement.
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1/24/2012 Item 10.E.
5. Each party shall provide notice of its intent to renew or not renew the
Agreement to the other party by July 1, 2012.
6. In the event either party decides not to renew the agreement pursuant to
paragraph 5 above, DISTRICT agrees to assist COUNTY to transition into the operation
and maintenance of the watercourses which are the subject of the Agreement.
7. The Agreement, except as herein modified and amended, shall continue in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals as of the date and year first above written.
ATTEST:
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SOUTH FLORIDA WATER MANAGEMENT
DISTRICT BY ITS GOVERNING BOARD
OF
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COLLIER COUNTY, FLORIDA
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Executed by COUNTY on: ,-.a 10
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