Agenda 09/13/2011 Item #16C119/13/2011 Item 16.C.11.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement with The District School Board of
Collier County, Florida, and accept a Right of Entry for a groundwater monitor
well and environmental monitoring purposes, in an amount not to exceed $27.00.
OBJECTIVE: The public purpose is to assure the reliability and sustainability of the
public drinking water supply by providing a ,Right of Entry for a groundwater monitor
well and environmental monitoring purposes required for compliance with conditions of
the Water Use Permit granted to the Collier County Water -Sewer District ( "CCWSD") by
the South Florida Water Management District ( "SFWMD ").
CQNSIDER& 0_.XS; CCWSD currently maintains and operates a fresh water wellueld
in the Golden Gatti Estates area, which provides a supply of raw water for treatment as
part of the public water supply. The extraction of fresh water for this purpose requires a
Water Use Permit issued by SFWMD. Limiting Condition 32 of SFWMD Water Use
Permit 11 -00249 -W requires CCWSD to install a number of groundwater monitor wells
in specified locations within and around the CCWSD's fresh water wellfield, and to
periodically submit groundwater monitoring data to SFWMD. In addition, SFWMD's
permit conditions require that vegetation traosect areas be established in the vicinity of
the monitor wells for periodic environmental monitoring of surface conditions.
One of the locations approved by SFWMD is on lands owned by The District School
Board of Collier County, Florida ( "School District "), located off 18th Street NE and 2oth
Street NE and known as "School Site DDD' , as shown on the attached Location Map.
CCWSD requires permission, by -way of a Right of Entry, to access the monitor well and
transect areas indicated on the Location Map for a period of ten years to accumulate the
data required for compliance with SFWMD's permit conditions.
Representatives of the School District have agreed to have the necessary Right of Entry
granted to CCWSD at no cost to CCWSD, subject to approval by The District School
Board. The attached Right of Entry Donation Agreement { "Agreement ") details the
proposed arrangement between the School District and CCWSD, and the Right of Entry
attached to the Agreement legally describes the rights to be acquired. School District
representatives have indicated that the Agreement will be presented to The District
School Board at the next available meeting following approval of the Agreement by the
Board of County Commissioners,
This acquisition is consistent with the 2008 Water Master Plan Update, Project 75005
Wellfield Program Management, Table 8 -24, line 126, adopted by the Board on June 24,
2008, as Agenda Items I OB and 1 OC
FISCAL, X5I : Acquisition costs for the Right of Entry will not exceed $27.00 for
the recording of the Right of Entry. The anticipated costs are budgeted in the FY 2011
budget, approved by the Board on September 24, 2010. Funds are - available in Project
75005. The source of funding is Water User fees, Fund 412.
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9/13/2011 Item 16.C.11.
GRQ ]Z _MANAGEMENT IWACT: This project meets current Growth
Management Plan standards to ensure the adequacy and availability of viable public
facilities.
LEGAL CQNSIAERATIONS: This item is legally sufficient and requires a majority
vote. -- JBW
RECOMMNDATIONS: That the Board of County Commissioners, as Ex- officio the
Governing Bard of the Collier County Water -Sewer District:
i . approve and authorize the Chairman to execute the attached Right of Entry
Donation Agreement, and
2. accept the Right of Entry when approved and executed by the District School
Board in form acceptable to the County Attorney's Office; and l
3. authorize the County Manager or his designee to follow all proper closing
procedures, close the transaction, and record the Right of Entry in the Public
Records.
Prepared By: Hans Russell, Sr. Property Acquisition Specialist
Real Property Management — Department of Facilities Management
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9/13/2011 Item 16.C.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.0.11.
Item Summary: Recommendation to approve an Agreement with The District School
Board of Collier County, Florida, and accept a Right of Entry for a groundwater monitor well and
environmental monitoring purposes, in an amount not to exceed $27.
Meeting Date: 9/13/2011
Prepared By
Name: RussellHans
Title: Property Acquisition Specialist, Senior,Facilities
8/23/2011 12:42:33 PM
Approved` By
Name: CampSkip
Title: Director Facilities Management,Facilities Manage
Date: 8/23/2011 1 :23:28 PM
Name: SunyakMark
Title: Project Manager, Principal,Public Utilities Engineering
Date: 8/23/20111:33:30 PM'
Name: AbbottAlicia
Title: Project Manager,Public Utilities Engineering
Date: 8/23/20112:40:17 PM'
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 8/23/20114:00:25 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 8/24/20119:27:58 AM
Name: WidesTom
Title: Director - Operations Support - PUDUtilities Fina
!� Date: 8/24/20119:43:26 AM
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9/13/2011 Item 16.C.11.
Name: ChmelikTorn
Title: Project Manager, .P ncipal,Publ c Utilities Engine
Date: 8/24/2011 10:38:27 AM
Name: Paul Mattausch
Title: Director - Water,Water
Date: 8/24/20117:36:04 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County. Attorney
Date: 8/25/20118:38-29 AM
Name: YilazGeorge
Title: Director - Wastewater,Wastewater
Date: 8!28/2011 10:30:34 PM
Name: KlatakowJeff
Title: County Attorney,
Date: 8/29/20111:40:19 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/1/20112:14:34 PM
Name: SheffieldMichaei
Title: Manager - Business Operations, CMD
Date 9/1/20114:05:14 PM
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A101\
9/13/2011 Item 16.C.11.
PROJECT: Water Use Permit Monitor Wells
FOLIO NO.: 00301240006
RIGHT OF ENTRY DONATION AGREEMENT
THIS RIGHT OF ENTRY DONATION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into by and between THE DISTRICT SCHOOL
BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola
Trail, Naples, Florida 34109 -0919 (hereinafter referred to as "Owner"), and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter
referred to as "County "), whose mailing address is 3335 Tamiami Trail East, Suite 101,
Naples, Florida 34112 -5356:
WHEREAS, County desires the temporary license and right to enter upon the
lands of Owner for the purpose of installing and maintaining a two -inch diameter
monitor well, and for access to the monitor well and transect areas for data collection
and environmental research purposes, on and over portions of those lands of Owner
contained within Folio # 00301240006 located off 18th Street SE and 20th Street SE in
Collier County, Florida and hereinafter referred to as the "Property." The monitor well
and transect areas are more particularly described on Exhibit "A" of the Right of Entry
form attached hereto and made a part hereof; access thereto shall be from the public
rights of way of 18th Street SE and/or 20th Street SE; and
WHEREAS, Owner desires to provide a Right of Entry on and over the Property to
County for the stated purposes, on the terms and conditions set forth herein, said terms
including that no compensation shall be due and payable for the Right of Entry
requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall grant to County a Right of Entry on and over the Property, in the form
attached hereto, for a period of ten (10) years at no cost to the County, unless
otherwise stated herein. Owner and County shall have the option, but not the
obligation, to extend beyond the initial ten -year period upon such terms and
conditions as shall be agreeable to both parties at the time an extension is
requested.
2. Closing shall occur within fifteen (15) days from the date this Agreement has been
approved by and executed on behalf of both the District School Board of Collier
County, Florida for Owner and the Board of County Commissioners of Collier
County, Florida for County. At Closing, Owner shall deliver the fully executed Right
of Entry to County.
3. The County shall pay for all costs of recording the Right of Entry in the Public
Records of Collier County, Florida. All other costs associated with this transaction
shall be borne and paid by County. Each party shall be responsible for payment
of its own attorney fees, if any.
This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and /or assignees,
whenever the context so requires or admits.
EA- UElTCE
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9/13/2011 Item 16.C.11.
Page 2
5. This written Agreement, including the attachment hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
6. After construction of the monitor well is complete, County agrees to restore the
surface of Owner's property to its condition prior to the commencement of
construction, to the extent reasonably practicable consistent with County's
requirement to access and maintain its monitor well. Thereafter, activity within the
monitor well area shall be strictly limited to monitor well maintenance and data
collection, and activities within transect areas and access routes shall be strictly
limited to access, data collection and environmental research purposes. Should it
be necessary to modify Owner's fence line during construction, County shall at all
times maintain the integrity and security of the fence line. The rights granted
hereunder are conditioned upon the reasonable exercise thereof by County, which
shall at all times preserve and protect the natural environment in the monitor well
and transect areas and access routes. County agrees not to unreasonably
interfere with Owner's use of the Property, and agrees to provide Owner with
advance notice when exercising its rights hereunder. County further agrees that it
shall, at County's cost, repair and restore any damage caused to Owner's property
as a result of County's exercise of its rights hereunder. It is understood and
agreed that the installation and maintenance of the monitor well shall not
constitute damages, but rather is an activity contemplated by the granting of the
Right of Entry. County further agrees that, in the event that Owner should develop
the Property within the ten -year term or any extensions, County shall
accommodate Owner's site development plans in any and all ways possible,
including relocation or removal of the monitor well and termination of the Right of
Entry if necessary. Similarly, should Owner sell or otherwise convey the Property
to a third party within the ten -year term or any extensions, County shall relocate or
remove the monitor well and terminate the Right of Entry upon Owner's request.
At the conclusion of the ten -year term and any extensions, County shall remove
the monitor well and restore the surface of the lands to the condition existing prior
to the commencement of the ten -year term.
9. County shall not have the right to assign its Right of Entry, excepting to a bona
fide, duly constituted successor in interest to County's Public Utilities functions
and responsibilities.
10. Terms of this Agreement shall survive Closing.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
[Signatures follow]
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9/13/2011 Item 16.C.11.
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated:
Date approved by BCC:
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX- OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER -SEWER DISTRICT
Deputy Clerk
Approved as to form and
legal sufficiency:
Jen ' er B. White
Assistant County Attorney
Date approved by District School Board:
AS TO OWNER:
DATED:
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
Approved as to form and
legal sufficiency
Jon Fishbane
District General Counsel
BY:
Fred W. Coyle, Chairman
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By:
Julie Sprague, Chair
Attest:
Dr. Kamela Patton, Superintendent
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9/13/2011 Item 16.C.11.
PROJECT: Water Use Permit Monitor Wells
FOLIO NO.: 00301240006
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, Florida
34109 -0919, hereinafter known as GRANTOR, for and in consideration of Ten Dollars ($10.00)
and other valuable consideration to it in hand paid, does hereby grant unto the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, its agents, contractors or assigns, whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, hereinafter
known as GRANTEE, the temporary license and right to enter upon the lands of the GRANTOR
for the purpose of installing and maintaining a two -inch diameter monitor well, and for access to
the monitor well and transect areas for data collection and environmental research purposes,
on and over portions of those lands of GRANTOR contained within Folio # 00301240006
located off 18th Street SE and 20'" Street SE in Collier County, Florida. The monitor well and
transect areas are more particularly described on Exhibit "A° attached hereto and made a part
hereof; access thereto shall be over said lands from the public rights of way of 18"' Street SE
and /or 20'h Street SE
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for ten
(10) years from the date hereof.
ADDITIONALLY, the rights granted hereunder are conditioned upon the reasonable
exercise thereof by GRANTEE, which shall at all times preserve and protect the natural
environment in the monitor well and transact areas and access routes, and shall at all times
maintain the integrity and security of GRANTOR'S fence line. GRANTEE agrees not to
unreasonably interfere with GRANTOR'S use of the Property, and agrees to provide
GRANTOR with advance notice when exercising its rights hereunder. GRANTEE further agrees
that it shall, at GRANTEE'S cost, repair and restore any damage caused to GRANTOR'S
property as a result of GRANTEE'S exercise of its rights hereunder. It is understood and
agreed that the installation and maintenance of the monitor well shall not constitute damages,
but rather is an activity contemplated by the granting of this Right of Entry. GRANTEE further
agrees that, in the event that GRANTOR should develop the Property within the ten -year term
or any extensions, GRANTEE shall accommodate GRANTOR'S site development plans in any
and all ways possible, including relocation or removal of the monitor well and termination of this
Right of Entry if necessary. Similarly, should GRANTOR sell or otherwise convey the Property
within the ten -year term or any extensions, GRANTEE shall relocate or remove the monitor well
and terminate this Right of Entry upon GRANTOR'S request. At the conclusion of the ten -year
term and any extensions GRANTEE shall remove the monitor well and restore the surface of
the lands to the condition existing prior to the commencement of the ten -year term.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed
this day of 2011.
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
Approved as to form and
legal sufficiency
Jon Fishbane
District General Counsel
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By:
Julie Sprague, Chair
Attest:
Dr. Kamela Patton, Superintendent
[Acknowledgement follows]
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9/13/2011 Item 16.C.11.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Right of Entry was acknowledged before me this day of
, 2011, by Julie Sprague, as Chair of the District School Board of Collier County,
who is [ ] personally known to me or [ J who has produced as
identification.
WITNESS my hand and official seal this day of , 2011.
(Signature of Notary Public)
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission #:
My Commission Expires:
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