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Backup Documents 01/24/2012 Item #10EORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be romarded to the Board Office onl} after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. and Construction Management (Initial) Applicable) 2. January 24, 2012 Agenda Item Number l0E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Amendment to Agreement Number of Original 2 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executi e summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Gerald Kurtz, Transportation Engineering Phone Number 252 -5860 Contact and Construction Management (Initial) Applicable) Agenda Date Item was January 24, 2012 Agenda Item Number l0E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Amendment to Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK — signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 10E MEMORANDUM Date: January 25, 2012 To: Jerry Kurtz, P.E. Principal Project Manager Transportation/Stormwater From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Third Amendment to Cooperative Agreement (C- 11759) w /SFWMD Enclosed are two (2) originals of the Amendment as referenced above (Agenda Item #10E), as approved by the Board of County Commissioners on Tuesday, January 24, 2012. Please forward a fully executed original back to the Minutes and Records Department where it will be kept as part of the Board's Official Record. If you should have any questions, please call me at 252 -8411. Thank you 112-+l 1'2- EXECUTIVE 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. 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. CONSIDERATION: 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, 2011. On February 22, 2011 (Item IOG), 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 (Item 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 includes 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 10E 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 13t', 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 CONSIDERATIONS: 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 MANAGEMENT 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 Management Plan. RECOMMENDATION: 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 "A" and "B" (6) First Amendment (7) Second Amendment 10E 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 , 2012 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; 10E 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 "). 10E (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 201H 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 10E 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 Way", 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 "Un- adopt" the Golden Gate Main South Overbank as a "Work of the District ", upon which the Golden Gate Main South 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 Golden Gate Main South Overbank. (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 10E "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 10E 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) ATTEPT,:' r.. Apply Apply& to form and legal sufficiency: Jeffre Klatzkow Count A torney SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Its Executed by DISTRICT on: COLLIER COUNTY, FLORIDA By: 7 W Its c9MA- AAPA of 'fK F 1�oAR7 Executed by COUNTY on E s �Y -IVNVJ 210109NNOJ I-J 83 IL Ai f'f` f a• i I ot sir dl 11K, i`ll,. ic me 4_# Awl l� jf y y11'- � � #.. -�. (�,# �.. / "- �• � J . ":.c, ,v�`_,r^HT 1 ,,' {Le 4 a4w. � �� � t 'al IL PVASM Y401 ; lie AT S DE - -- Alm IVNVJ Hoi- INNOJ 1-3 HJ8 ' Ik-7 ' .`'st+` ,yam.. 9 .'c„ y A fy�`f.'F -� s iX" • Jr., s - edit: ".�•_.. is ii.- ;1` 4 "`1 `*�. t: •��<'ris 3sri�. °' v I MN .rte ♦� 3 t 1 Olt- ANIMAL At 4. G ► 'j w j t ML F i t °ia• t 'p J I Y. •4 rte° .� =m —y 'WI W 65Sr M.LLOGOON T { . f A6 lAl @B Oq{j►tBi,BW �J � £ ,y � �. H IOE i A fa -, 7to, e MKI vt y: A } P ei •` �r�l �4'�(!�5. 'Y>J',� �... � A §i ..4 5� a, s.£ i �RF'�r "maw` -, 5 �.� • '� t� -q� . ,f .. t. ! .04` ,'�"t"',y• " °�+'�'" s.,i" ✓, '.,� i t' t4; w �k 4. 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CD LU cn ,ty -- - - LLJ W C:) LLJ LLJ U:) 9c LAJ C-3 C:) "o C) ZM U immv Im �! A 91: co L.L. C) LO LU U) " � Liu= - 0 LU I.Li ry- LJ.J U:) F- LU ('=) V,y F— F— C) ,;w 10 �_ cm LL- C) co F— [[I Lj.j C/) I OE 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 2012 by and between SOUTH FLORIDA WATER MANAGEMENT DI TRICT, 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; INSTR 4658118 OR 4765 PG 77 RECORDED 2/15/2012 8:29 AM PAGES 21 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $180.00 l 0E 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 "). 10E (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 10k 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 Way", 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 10E "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 10E 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. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ATTEST: -� (Seal) �0 Its ¢. %Executed by DISTRICT on: _� �AL9rn 3 P � o a r ,y. -r AAW"7371rrn and legal sufficiency: Jeffre latzkow County ttorney COLLIER COUNTY, FLORIDA By: Its (f),tAt� -ffiAt3 or d rte Bc ARt7 Executed by COUNTY on: u L 4 ZDeZ 1 O AiDRIIfML17fF:!NC g O O Of C C1/DN'D _ iY%7CltMlAlf a � ava-crovfl R, 2 gia _ OOLOENGATECANAL a jtilf "ORA1NMifEASEMENTj g rm R z 0 m X O � r m c z i `amz.1 n a m o Fit O � f _ Ir I cn 10TH ST S.E ,. l� / i Fp aUM Lir O ® i p Y r fro rmi rr -V'g5 ono, a`= ,. - rn F c` <.m n m v L 2 �O O. p p O .y -5- co ' O L C1 O rm TN -� m 1 C cn � m T � < - �0O C'> cn � � 2 r n ➢ p � W Cn riTi�r2y �.�v - c 1 - I _ I 1 I I I 1 cis MATCH LIE - SEE 9FEEE No. 4 1 1( O1 c ONNF ('['OR CANAL PLO � oie ! niD6 Ww�uorr S�rxr i mu O my mom .... __ Mrt#A" 32 a S U y g z � o � x f r Q cn cn a T vc Sz< T O .y z MATCH LIE - SEE SHEET No S v p ON- CB C -I CONNECTOR CANAL MATCH LINE - SEE SHEET No 3 m CD o F, O v mm a � C Z O .Q -4 D W �r�W -om cn o D n � m 12TH.ST_S.E. _ - 'r J ' f rn 9 m Z z P m cn a a o m I OE C D r- rn C xn Do mcn mcn e^�U, m z P o CD G-V pa G7O OLD J? > m �a S = Z OOp-1 ➢= 2 - v A m A ➢ x CD MATCH LIE - SEE SHEET No S v p ON- CB C -I CONNECTOR CANAL MATCH LINE - SEE SHEET No 3 m CD o F, O v mm a � C Z O .Q -4 D W �r�W -om cn o D n � m 12TH.ST_S.E. _ - 'r J ' f rn 9 m Z z P m cn a a o m I OE MATCH LINE - SEE SHEET No 4 NDO 1, 4TH ST. 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