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Agenda 09/15/2009 Item #16E 8 Agenda Item No, 16E8 September 15, 2009 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to execute a long-term Agreement between Collier County and the Board of Supervisors of the Lely Community Development District to supply irrigation quality water to the combined site of the Emergency Service Center and the South Regional Library at an annual cost to the County of approximately $4,235.00; and to authorize the Chairman to sign the Agreement. OBJECTIVE: To obtain approval to execute a long-term Agreement with the Lely Community Development District to supply irrigation quality water for maintaining the landscaping at the combined site of the Emergency Services Center and the South Regional Library thereby eliminating the more costly use of potable water for irrigation. /,....- CONSIDERATIONS: When the site for the Emergency Services Center was moved to the location on Lely Cultural Parkway, the Lely Community Development District (LCDD) made a tentative promise to provide irrigation quality water from their system in lieu of the Project installing a well on the property to minimize irrigation water costs. Collier County does not offer irrigation quality water service within the boundaries of LCDD. When the Development District widened the Lely Cultural Parkway, they installed a new irrigation water main and the Project installed the required connections to the site's irrigation system, The Department of Facilities Management with the help of the County Attorney's Office has negotiated a favorable, long-term Agreement with LCDD that has already been approved by the Lely Board of Supervisors at their August Meeting. The Agreement (attached) provides suitable terms and conditions for renewal, renegotiation/determination of annual charges, and termination by either party, There is no "per gallon" metered usage fee, only an annual fee for maintenance of the LCDD irrigation water distribution infrastructure based on a proportionate share of their actual costs as calculated in Exhibit B of the Agreement (attached). At each of the Agreement's designated five-year renewal points, the Department of Facilities Management will evaluate the cost effectiveness or value to the County of the Agreement before it is renewed, FISCAL IMPACT: The annual cost, as calculated by the terms of the Agreement for the first twelve month period, is $4,235.37. This cost will be distributed, along with other utility costs, such as electricity and potable water, to the users of the Emergency Services Center and the South Regional Library on an equitable calculated ratio taking into account the various departments share of the irrigated landscape at the site. Since the County re-use water is not available at the site, the total cost for this Lely irrigation quality water is projected to be only 26% of the cost of using potable water for irrigation, LEGAL CONSIDERATIONS: This item is not quasi-judicial and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action, - JBW GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners approves the execution of the Agreement with LCDD for the supply of irrigation quality water to the Emergency Services Center and South Regional Library site located on Lely Cultural Parkway, and authorizes the Chairman to sign the agreement. PREPARED BY: Hank Jones, Principal Project Manager, Department of Facilities Management. ,- Item Number: Item Summary: Meeting Date: ~ u5'"' 1- V..l 1. Agenda Item No. 16E8 September 15. 2009 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E8 Recommendation to execute a long term Agreement between Collier County and the Board of Supervisors of the Lely Community Development District to supply irrigation quality water to the combined site of the Emergency Services Center and the South Regional Library at an annual cost to the County of approximately $4,235.00; and to authorize the Chairman to sign the Agreement. 9/15/2009900:00 AM Prepared By Hank Jones Administrative Services Senior Project Manager Date Facilities Management 9/1/200910:14:05 AM Approved By Jennifer White County Attorney Assistant County Attorney Date County Attorney Office 9/1/2009 2:06 PM Approved By Skip Camp, C,F.M, Administrative Services Facilities Management Director Date Facilities Management 9/1/20092:41 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Date Administrative Services Admin. 9/2/20099:05 AM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 9/2/200910:13 AM Approved By Laura Davisson County Manager's Office Management & Budget Analyst Date Office of Management & Budget 9/2/200910:19 AM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 9/2/20094:06 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 9/2/2009 4:44 PM Agenda Item No. 16E8 September 15, 2009 Page 3 of 9 lNTERLOCALAGREEMENT BETWEEN COLLIER COUNTY LEL Y RESORT, PHASE TWO, PART OF TRACK "B" THIS I NTERLOCAL AGREEMENT (the "Agreement") is made this day of , 2009, by and between the Collier County, a political subdivision of the State of Florida (the "COUNTY"), and the BOARD OF SUPERVISORS OF THE lEL Y COMMUNITY DEVELOPMENT DISTRICT (the "COD"). W!TNESSETH: WHEREAS, Section 163.01, Florida Statutes, also known as the Florida Interlocal Cooperation Act of 1969, permits local government units to make the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and the development of local communities; and WHEREAS, the COUNTY is the owner of real property known as the east portion of Tract "B" of the Lely Resort, Phase Two, rocated in Collier County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the COUNTY has requested that the COO provide irrigation quality water to the Property. WHEREAS, the Property is subject to annual operating and maintenance assessments (the "0 & M Assessment") based upon the cost to the COD for providing certain services that benefit the Property (the "COD Services"); and WHEREAS, the COUNTY and the COD have determined that the COUNTY will only be charged for the 0 & M Assessment. NOW, THEREFORE, based upon the mutual covenants and premises provided herein, and other valuable consideration, the parties hereby agree as follows: 1. Recitals Incorporated. The above recitals are true, correct, and incorporated herein. 2. Purpose, COD agrees to provide irrigation quality water to the Property. The IQ water shall be supplemental water resources and/or wastewater effluent. 3, Calculatinq the Annual costs to the COUNTY. The County is solelv responsible to pay the 0 & M assessment for limited services. The annual 0 & M Assessment for the Property shall be calculated using the method set forth in Exhibit "B" attached hereto and made a part hereof (the "0 & M Agenda Item No. 16E8 September 15, 2009 Page 4 of 9 Calculation"). All subsequent calculations of the 0 & M Assessment for the Property shall be calculated in accordance with the audited 0 & M Calculation from the previous year provided that the COUNTY continues to utilize only the CDD Services related to providing irrigation water to the Property. The CDD shall bill the COUNTY for the 0 & M Assessment on October 1st of each fiscal year. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Florida Statutes, otherwise known as the "Local government Prompt Payment Act." COUNTY reserves the right to withhold and/or reduce an appropriate amount of any payment for service not received or for unsatisfactory performance. ,4. Responsibility for Maintenance. The COUNTY agrees to maintain and repair all irrigation quality water lines that exclusively serve the Property. The COUNTY further agrees to utilize best management practices to identify and prevent line breakages on the piping exclusively servicing the property and in the event that a breakage occurs, to expend all reasonable efforts to minimize the loss of irrigation water by either closing valves on the Property or notifying COO operations to close the appropriate valves outside of COUNTY's control. The County further agrees to expedite repairs to minimize disruption to the area serviced by the COO main. 5. Term of Aqreement. This Agreement is for a 25-year term from the Agreement's effective date. At the end of each five (5) year period, and within approximately ninety (90) days before the end of each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of the terms and provisions then being incorporated in like agreements by the District for delivery and use of IQ water. Subsequent to the initial twenty-five (25) year term of this Agreement, this Agreement shall automatically be renewed for only successive five (5) year periods, unless terminated by either party as provided for herein. 6. Right to Termination. COUNTY AND COD for any reason may terminate this Agreement with 120 days written notice. 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon and all of which shall together constitute one and the same instrument. 8. Governina Law. The laws of the State of Florida shall control with respect to interpreting and enforcing the provisions of this Agreement. 9, Compliance. The COUNTY and the CDD agree to comply with all federal, state, and local laws that may be applicable from time to time. ,A,genda Item No, 16E8 September 15, 2009 Page 5 of 9 10.Amendment. This Agreement may not be changed, modified, or amended, except in writing by an instrument executed by the parties hereto. 11. Severabilitv. If any part of this Agreement is held invalid by a court of competent jurisdiction and all appeals have been exhausted or not pursued, such part shall automatically be deemed stricken as if never written herein and the remaining provisions of this Agreement shall remain in full force and effect. 12. Notices and Addresses of Record. All notices required or made pursuant to this Agreement shall be in writing and shall be delivered by hand or by United States Postal Service, first-crass mail, return receipt requested to: As to the COD: Lely Community Development District Attn: Neil Oorrilf, COD Manager 5645 Strand Boulevard, Suite #3 Naples, Florida 34110 As to the COUNTY: Board of County Commissioners Attn: Skip Camp, Director. Department of Facilities Management 3301 Tamiami Trail East, Bldg. W Naples, Florida 34112 Written Notice of Address and Telephone Changes is Required. The COD may change the above mailing address and/or phone numbers at any time upon giving the Director of Collier County Facilities Management notification by U,S. Mail. The District may change the above mailing address and/or phone numbers at any time upon giving the President or Property Manager of the COD notification by U,S. Mail. 13. Filinq with the Clerk of Courts. The COUNTY shall be responsible for filing a copy of this Agreement with the Clerk of Courts for Collier County, Frorida, in accordance with Section 163,01 (11), Florida Statutes. Agenda Item No, 16E8 September 15, 2009 Page 6 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above. ATTEST: ATTEST: DWIGHT E. BROCK, CLERK ,Deputy Clerk Approval as to form and legal Sufficiency: ~i?N~ JennJ r. . White Assistant County Attorney BOARD OF SUPERVISORS OF THE LEL Y COMMUNITY DEVELOPMENT DISTRICT ,.- By: Name: Title: /.E:; '""Z- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA~ "c~crirman Agenda Item No. 16E8 September 15, 2009 ~~~-""~Of9 OR: ~821 PG: 0688 "WilSl)nMifJer AltII'~In~~~~ EXHIBIT '< t1 ,: 'Poga t of ~ Legal Description being a part of Tract "S", Laly Resort Phase Two, Plat Sook 18, pages 43- 45, ColUer County, Florida 20 Acre Parcel AN thlilt par1 of Tract "S" Lely Resort Phase Two, Plat Book 18, pages 43. 45 of the Public Records of Colliar County, Florida, being mora partJcularty described as follows: Commencing at the northwest comer of ~aid Tract "8"; thanco along the north line of said iract "S" North 86"03'44" East 819.41 feel to the Point of 80glnnlng of 20 acre p~rcel: {hence contlnue along the north line of said Tract MB" North lJB"03'44" East 849.89 feet to a point on the East line or said Tract "S"; thencel atong said line South 04'03'03" West 763,95 feet to the south Unfl of said Tract "B": lhen~ along said line southwesterly 281.47 feet along the arc of a non~tangentJal circUlar curve conc:ave sOlJtheasteny having a radius of 1474.86 fect through a contra! angle of 10.56"05" and being sublended by a chard which besl"5 South 60"31'05" West 281.05 feet; thence continue arong said south Ilne South 55"03'03" West 786.19 feel: lhcnaJ leavinG saId line North 04.03'03" Eas11325.30 feet to the Point of BeglnnJng; Subject to easements and restrictions of record. Containing 20 acres more or less. Bearings arc based On the north line of Tract "8" being North 88.03'44'" East. Certlficate of authorization #LB--43. WH5onMII~r, Inc. Registered Engineers and Land Surveyors ,- Date 5 - 15 . :z..cr:o ef. 2c.1025, sheet 1 No valid unless embossed wilh the Professional's seal. t-c'UV"'fIllla,~ Nlfpltt!l Farl Mytt,." S.r1l6r1t. OrruJ."ltI/It rllmp. .J:?ml/;!/!tty 1.~(ltJ. Surtr.XXJ Ni/p/o.!, f'1od<tlJ.(105.8501 9"1~9-.(040 1it 941-6-1",51/6' J -, wll.""rnllJlIf.tiJm 1'If)/..,........rfrI'lM, II ,... I '''' I:J~nl..u ,\l:i;:.~~~#i: :.;i."~' ~,/f:.ilf~;!;\.\\.;;:! lith: kH : ,':j;:;f~:?;':)(~.:.' ;r:~!:it l,[e,~:~(,~j}i::!!:~.~~;:;.:'i.:~;, ,),~,~'~'~:i.')}~ i/', ::1;,1 :;i~;:%\~:~.! 't:;:;' ':i\:ii~i, i?:;'..~'~::;;';' :,;,;.::\~\~~;':;. \ !;:;!.i;.~;;.,~ :~t ,),:: ;(i Agenda Item No, 16E8 September 15, 2009 of 9 , , ~~I:(::i~'I.I!:: . ~'I' .::: of. ~~ ",' t1I ~'d;; ,l,,'H': .- ~il'~1 I I ; ~ I I . ~. 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"VI .,., ... , ~Oi ("') 0'" , ""0 "'.. (J o rrGl\I\'l'll';_"""",..."....,A1l<Wl\l!'{~..,..~~~~.~~~_'II'~~~~/rlO""'_""ITtffllWoji~~ Agenda Item No, 16E8 September 15, 2009 Page 9 of 9 Exhibit B Lely Community Development District Calculation of 0 & M Assessment for Collier County Board of Supervisors (Lely tract B) The 0 & M assessment is calculated based on the benefits that the County will receive from Lely COD. All other services will be the responsibility of the County, Lely COO will provide water management services and irrigation supply services. In addition, the Lely CDD will assess a portion of the administrative assessment calculated at 15% of the total administrative assessment. The Equivalent Residential Units (ERU's) assigned to Tract 8 are 40. The Total ERU's in the FY 2008 budget are 3283,54. COltnty'S percentage of ERU'u = 1.22% The total of the water management services budget, the irrigation supply services budget and 15% of the administrative bUdget are multiplied by the County's percentage of the ERU's to determine the annual 0 & M assessment attributable to the County. Audited FY 200B County General Fund Budget Calculation $28,804 $0 $27.179 $0 $445,074 $0 $1,840,742 $0 $2,341,799 $0 $335,701 15% $50.355 $920,738 $0 $424,289 $0 $63,974 $0 $89,901 $0 $144,590 $0 $9,745 $9,745 $287,061 $287,061 $0 $0 $2,275,999 $347,161 $36,550 $0 $35.502 $0 $0 $0 $2,348,051 $347,161 $586,93 I per unit I $4,235,37 I Interest Income Disposition of Fixed Assets Other Miscellaneous Revenues - Special Assessment Direct Bill Speciai Assessment Levy Professional & Administralive Field Management Services Landscaping Water Management Lighting Access Conlrol Roadway Irrigallon Capital Ouliay Tax Collector Property Appraiser Revenue Reserve/Contingency Total Expenditures ERU's Assessment Levy Assessment Billed to County Totai ERU's 3283,54 40 3323,54 1,22%