Agenda 04/22-23/2008 Item #16K 1
Page 1 of2
Agenda Item No. 16K1
April 22, 2008
Page 1 of 15
COLLIER COUNTY
BOARD OF (;OUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Recommendation to approve the proposed Agreement for Delivery and Reuse of Irrigation
Quality (IQ) Water between the Collier County Water-Sewer District and the Pelican Marsh
Community Development Oistnct.
Meeting Date:
4/22i200S 90000 AM
Prepared By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/2/200812:05:26 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/4/2008 1 :08 PM
Approved By
Hans Russell
Senior Property Acquisition Specialist
Date
Administrative Services
Facilities Management
414/20082:12 PM
Approved By
Paul Mattausch
Water Director
Cate
Public Utilities
Water
4.16/20084:19 PM
Approved By
G. George Yilmaz
WasteWater Director
Date
Public Utilities
WasteWater
4/7/20082:26 PM
Approved By
Toni A. Matt
Real Property Supervisor
Date
Administrative Services
Facilities Management
4/7/20082:27 PM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
4i7f2008 2:31 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
417/20082:56 PM
Approved By
James W. Delany
Public Utilities Adminlstr2tor
Date
-
Public Utilities
Public Utilities Admini3tration
41812008 10:27 AM
Approved By
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t..genda item '\10. 16K 1
i\pril 22, 2003
Page 2 of 15
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & 8udget
4/9/20013 11 :01 AM
Approved By
Randy Greenwald
Management/Budget Anal}'st
Date
County Manager's Office
Offfce of Management & Budget
4/9/2008 1:17 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Maneger
Date
Board of County
Commissioners
County Manager's Office
4/12/20088:37 AM
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4/1 hOOOR
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.L\V;! 22, 2008
?age 3 01 15
AGREEMENT FOR DELIVERY AND REUSE OF
IRRIGATION OUALITY (10) WATER
THIS AGREEMENT is made and entered into this _ day of :W08, by and
between PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT (hereinafter
referred to as "PMCDD") representing the individual accounts located within the PMCDD and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, (hereinafter rcferred to as "District").
WHEREAS, the District is desirous of obtaining for its customer base long-term treated
wastewater effluent and/or supplemental water resources (herein referred to as "IQ water")
provided to the PMCDD by the District: and
WHEREAS, PMCDD is desirous of obtaining from the District IQ water as a long term
resource for approved uses located only upon the seven hundred fifty-seven and 95/1 00 (757.95)
acres described in Exhibit "A", with the exception of the Ashton Gardens and St. Croix
developments, who maintain separate agreements, and the Pelican Marsh, Tiburon and Bay
Colony Golf Courses, attached hereto (hereinafter referred to as "Property").
NOW, THEREFORE, the parties agree as follows:
1. PURPOSE. PMCDD has requested that the District provide available IQ water to
individual end-user service accounts located within the Property.
2. PRESSURIZED AND DISTRIBUTED SYSTEM. The District agrees to provide to
PMCDD'S individual end-user service accounts IQ Water pressurized via the pump station
located at 1505 Pelican Marsh Blvd., operating at a setpoint pressure of 80 (plus or minus 5
psi). The District reserves the right to discontinue service for the remainder of the week if
PMCDD'S individual end-users use of IQ Water exceeds 1" per acre of the Property per
week. For the purposes of this paragraph a week shall commence at 12:00 am Sunday and
end at II :59 am on the following Sunday, The District may increase the setpoint pressure if
additional pressure is needed to mect the demands of PMCDD'S individual end-users use of
IQ Water up to 1" per acre of the Property per week. The District may alter setpoint pressure
as allowed by the Collier County Water-Sewer District Irrigation Quality Water Policy and
such other governmental regulations as from time to time become cffectivc, or their
successors in function.
3. The parties acknowledge that therc can be additional meters, additional users or units
added in the future. Should the addition of additional users or units after the effective date of
this agreement result in the PMCDD reasonably desiring additional pressure downstream of
said pump station with advance approval from the District, which approval shall not be
unreasonably withheld, PMCDD will pay all costs associated with the initial design, building
and construction of a booster or additional pump station and other equipment as needed for
that purpose. In said event, any such booster or additional pumps, once completed, will be
inspected for compliance with existing utility standards and if compliant with regulations in
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effect at the time of inspection, accepted by, and conveyed to the District, and thereafter, the
cost of maintenance and replacement shall be borne by the District
4. 25 YEAR AGREEMENT WITH REVIEW EVERY FIVE YEARS. 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 retlect 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 tenn 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.
5. QliALITY AND USE OF lQ WATER. The IQ water shall be supplemental water
resources and/or wastewater eftluent that has been treated for irrigation use to the standards
now and hereafter required by the Florida Dcpartment of Environmental Protection. PMCDD
shall accept the IQ water delivered by the District and use it within the PMCDD always in
full compliance with then applicable local, state and federal rules and regulations. Except for
normal and customary irrigation use IQ water may incidentally be sprayed into the lakes,
ponds, ditches and sloughs within the PMCDD. lQ water shall not be discharged into the
surface waters of the State of Florida without written authorization from the South Florida
Water Management District and the Department of Environmental Protection, as applicable.
District shall take reasonable precautions, including signs, labeling and color-coding to
prevent confusion between IQ water and other water sources.
6. POINT OF DELIVERY DEFINED.
A. The point of delivery of lQ water shall be where the IQ water passes from individual end-
use account meters located within the PMCDD. The District shall own, operate and maintain
thc lQ water distribution system, which consists of the pump station located at 1505 Pelican
Marsh Boulevard and related lake storage facility, any booster stations once installed, the IQ
water transmission and distribution lines, the end-use account meters and any other IQ water
meters, and any and all appurtenances thercto, and thc District shall be deemed to be in
possession and control of the IQ water therein only upstrcam of cach point of delivery. "Point
of delivery" is used as sin!,'1llar or plural, as the contcxt requires,
B. The District acknowledgcs that it is the owner of the IQ water distribution system
previously conveyed to it. as depicted on the attached Exhibit "B", and furthcr acknowledges
and agrecs that it will accept thc convcyance of the balance of thc cxisting lQ water
distribution system depicted on the attached Exhibit "C" provided that conveyance is
effectuatcd by utility eascments and warranty bills of sale in form and content acccptable to
the District conveying free and uoencumbered easement and ownership rights. PMCDD
shall provide, at PMCDD's expense. copics of all surveys, maps, and sketches in PMCDD'S
possession or control. and legal descriptions and opinions of titlc required by District in
furtherance of proper convcyance. If subsequcnt amendments or corrections to the foregoing
conveyances are reasonably required, PMCDD shall provide same at their expense,
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p..genda item No. ~16K 1
April 22, 2008
Page 5 of 15
C. The facilities and improvements described in 5,A and 5.B above are hereinafter referred
to as the "IQ Facilities".
7. DISTRICT RESPONSIBILITIES. Except to the extent, if any, clearly and expressly
specified in the Special Provisions Paragraph in this Agreement to the contrary, the District
shall be responsible for the operation, maintenance, design, construction, permitting,
financing of all costs and operation of the IQ Facilities. The District shall own, operate and
maintain the IQ Facilities, and shall be deemed to be in possession and control of the IQ
water therein. The District shall bear all costs of operation and maintenance of the IQ
Facilities.
8. STANDARD OF MAINTENANCE. District shall maintain all IQ water distribution
facilities at current and then existing standards equal to the maintenance standards for
comparable utility facilities maintained by the District. The District shall have the right to
enter upon the Property to correct any maintenance deficiencies.
9. RATE TO BE CHARGED FOR [Q WATER. For having available and/or furnishing the
IQ water and maintaining the IQ water system, the District shall charge the individual
accounts located within the PMCDD the published prevailing rates and charges.
10. RATE CHANGES, The District reserves its rights to from time-to-time decrease or
increase the IQ water rate subject to providing at least thirty (30) days prior written notice of
such change to the individual accounts located within the PMCDD. Any increase in the lQ
water rate shall only arise from the District's increase in costs representing production,
treatment and delivery of IQ water or as the result of a rate study or Ordinance that
determines that an increase in the IQ water rate is required to finance the costs of production,
treatment and delivery of IQ water. Any rate increase shall be the same increase or rate
change to similarly situated users. The intent and purpose is to supply the subject IQ water to
the individual accounts located within the PMCDD that is then being charged to other
similarly situated users, the same being other users that are then in the same rate class as the
individual accounts within PMCDD.
11, BILLING. Subject to the terms and conditions of this Agreement, the DISTRICT shall
invoice the individual end user service accounts located within the PMCDD for services on a
monthly basis in accordance with billing cycle meter readings, calculated charges and other
applicable service fees. The invoice shall include, the billing period of service, the amount of
IQ water service flows for each billing cycle, the total dollar and cents amount of the invoice,
the amount of any credit applicable to said invoice whether by payment or otherwise, contact
telephone number for questions regarding the invoice. The individual accounts located
within the PMCDD shall deliver payment to the District in full based upon the invoice
amount by the due date of the invoice from the DISTRICT. If payment is not received by the
District by the due date on the invoice, individual accounts located within the PMCDD may
be liable for the payment of any penalties on the outstanding balance as established from
time to time by the DISTRICT, which penalty charges being the same as those applied to all
other customers of the DISTRICT as established by County Ordinance or Resolution. The
charging of penalties shall not extend the due date for any payment and any failure to pay
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,A.Cl9nda :tern No. ~i6K1
~ April 22, ::'008
Page 6 of 15
may be considered a default under the terms of this Al,'I'eement as to the non-paying
individual customer. As specified by Collier County Ordinance No. :WOl-73, as amended,
the subject lQ water service from the DISTRICT to the individual accounts will be
discontinued when delinquent for non-payment of bills.
12. UNPAID FEES ARE A STATUTORY LIEN, The PMCDD will inform the individual
accounts located within the PMCDD that in the event the fees, rates or charges of the
facilities and services provided for under this Agreement shall not be paid (become
delinquent) by the individual end user service account, any unpaid balance and all interest
accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part II,
Florida Statutes, as amended, and pursuant to the Special Act that pertains to the District,
which is now Chapter 2003-353, Laws of Florida.
13. PMCDD EMERGENCY SITUATIONS. In the event of an emergency, as defined below,
the individual accounts located within the PMCDD, or the PMCDD, shall notify any of those
District representatives set forth herein and request that pumping of lQ water temporarily
cease. Such notice shall be in writing where circumstances permit and, in the event of an
immediate emergency, such notice may be by telephone with subsequent written
confirmation. Emergencies shall include, but, not limited to:
(a) Weather conditions such as hurricanes, floods or unseasonably excessive rainfall that
makes it impossible for the individual accounts located within PMCDD to accept lQ
water.
(b) Short term equipment or material failure, making it impossible for the District to deliver
the IQ water.
(c) An act of God that makes it impossible for PMCDD end users to accept the IQ water.
14. NOTIFICATION OF DISTRICT. Those representatives of District who shall be notified
in the event of an emergency are:
Collier County North Wastewater Reclamation Facility
10500 Goodlette Road
Naples, Florida 34109
(239) 252-5355
Collier County Irrigation Quality Water Manager
4370 Mercantile Avenue
Naples, Florida 34104
(239) 825-0403
Collier County Wastewater Director
10500 Goodlette Rd.
Naples, Florida 34109
(239) 289-9685
4
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I'.genda Item No. 16K 1
I\pril 22, 2008
Page 7 of 15
Collier County Public Utilities Administrator
3001 Tamiami Trail, East
Naples, Florida 34112
(239) 252-2540
15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The individual
accounts located within the PMCDD shall not hold the District liable for failure to deliver IQ
water if a reasonable situation [not caused or created by the actions or inactions of the
District] preventing such dclivery exists. Sueh situations shall include, but not be limited to:
(a) A lack of IQ water due to a loss or lack of flow to or from the treatment plant or due to
process failure.
(b) Non-compliant conditions of the IQ water making it unusable for approved uses.
(c) Equipment or material failure in the IQ water delivery system, including storage and
pumpmg.
(d) An act of God that makes delivery of reclaimed water by the District not reasonably feasible
or impossible.
(e) Other plant upsets caused by mechanical or a biological process that would prevent delivery
of IQ water to the system.
16. NOTIFICATION OF PMCDD AND PROVIDER. The representative of PMCDD and
Provider who shall be notified in the event of an emergency or District's inability to deliver
lQ water is:
PMCDD:
Pelican Marsh Community Development District
A TTN: Director of Operations
985 Pelican Marsh Blvd.
Naples, FL 34108
(239) 592-5 I 81
PROVIDER:
Collier County Water Sewer District
ATTN: Irrigation Quality Water Manager
4370 Mercantile Ave.
Naples, FL 34104
(239) 252-4287
Ifand when emergency situations occur, the District shall try to notify PMCDD by telephone
and try to promptly follow up with a letter stating the nature of the emergency and the
anticipated duration.
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[="iage 8 Gf 15
17. WRITTEN NOTICE OF ADDRESS AND TELEPHONE CHANGES REQUIRED.
PMCDD may changc thc above mailing address and/or phone numbers at any time upon giving
the Collier County Irrigation Quality Manager notification by U.S. Mail. The District may
change the above mailing address and/or phone numbers at any time upon t,>iving the President or
Property Manager of the PMCDD notification by U.S. Mail.
18. EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during
the term of this Agreement, local, state or federal governments or agencies shall fail to issue
necessary permits, grant necessary approvals, or shall require any change in the operation of the
treatment, transmission and distribution systems or the application and use of IQ water, then to
the extent that such requirements shall affect the ability of any party to perform any of the terms
of this Agreemcnt, then the affected party shall be excused from the pcrformance thereof and the
parties hereto in conformity with such permits, approvals, or requirements shall negotiate a new
agreement, if possible. However, nothing shall require PMCDD or District to accept any new
agrecment if it substantially adds to its burdens and obligations hcreunder.
]9. PMCDD'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The
PMCDD shall have the right to terminate this Agreement if the District continually fails to
deliver IQ water subject to the exemptions specified in Paragraph 14 hereinabove, The PMCDD
shall have the right to sell, transfer or encumber the land areas owned by PMCDD irrigated with
the lQ water as described in Exhibit A, exccpt that written notice of any proposed sale, transfer,
and/or change of name must be t,>iven to the District, as provided for herein, at least thirty (30)
days prior to sale or transfer.
20. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this
At,'Teement if the PMCDD no longer accepts IQ water under the conditions described herein, or
the PMCDD is or reasonably appears to be illegally using or disposing the IQ water, or if the
PMCDD fails to pay PMCDD's delinquent fees, rates or charges for the services and facilities
billed to PMCDD under this Agreement, or ifany other event beyond the control of the District
prevcnts performance. If the Property is annexed into a municipal corporation or is incorporated
as a municipal corporation, District shall have the unilateral right to substitute potable water in
lieu of IQ water (if such potable water is then available or can be made available to serve the
PMCDD), and if such potable water is not then available or cannot be made available, thc
District may unilaterally terminate this Agreement upon giving PMCDD at least three hundred
and sixty-five (365) days advanced written notice of such intent to terminate.
21. TIME OF TERMINA TlON. Whenever practical, substitution of potable water or termination
on the part of either party (including based upon annexation or incorporation pursuant to the last
sentence in Paragraph 19, above) shall not occur before onc hundred eighty (180) days after the
terminating party has notified the other party in writing, except in the instance where PMCDD is,
or reasonably appears to be, irresponsibly or illegally disposing of or using the IQ water.
22. ACCESS. The District shall the right, but not the duty, to enter upon the Property of the
PMCDD to review and inspect the practices of PMCDD with respect to conditions agreed herein
and/or to maintain, repair, replace, relocate or otherwise deal with the IQ Facilities. Such entry
shall also be for the purpose of review of the operation of the IQ Facilities for inspection of
6
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Agenda Item No. 16K 1
April 22, 2008
Page 9 of 15
distribution mains and appurtenances, and for sampling at any monitoring well located on tbe
property of tbe PMCDD. PMCDD may bave a representative accompany the District's
personnel.
23. INDEMMIFlCATION. PMCDD acknowledges tbat tbe IQ water, due to its chemical
composition, may not be compatible for irrigation on certain susceptible vegetation. To tbe
extent authorized by law. PMCDD a!,'1'ees that District shall not be liable for damages that may
occur to vegetation or for any other damages tbat may occur due to the use or acceptance of the
IQ water that meets the quality standards specified in Para!,'1'aph 4.
24. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the
benefit of the formal parties hereto, and their successors in interest, and no right or cause of
action shall accrue upon or by reason bereof, to or for the benefit of any third party not a party
hereto.
25. SEVERABILITY. If any court finds any part of this Agreement invalid or unenforceable,
such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights
and obligations of the parties contained therein are not materially prejudiced and if the intentions
of the parties can continue to be affected. To that end, this Agreement is declared severable.
26. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either
granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of
land use zoning approvals, permissions, variances, special exceptions or any other rights with
respect to the real property in the approved uses area.
27. APPLICABLE LAW. This Agreement and the proVISIOns contained herein shall be
construed, controlled and interpreted according to tbe laws of the State of Florida, all then
applicable provisions of the Florida Administrative Code, and the then current Collier County
Reclaimed Water Ordinance, Collier County Water-Sewer District Irrigation Quality Water
Policy and such otber governmental regulations as from time to time become effective, or their
successors in function.
28. RECORDATION. This Agreement sball be recorded In the Public Records of Collier
County, Florida at the expense of PMCDD.
29. ASSIGNMENT. Assignment or transfer of the PMCDD's rigbts or obligations under tbis
Agreement is prohibited without prior written consent of the District. Any attempt by PMCDD to
assign or otherwise transfer this Agreement from off of the Property sball be null and void (void
ab initio).
30. BINDING EFFECT. This A!,'1'eement shall be binding upon the parties, tbeir successors and
assIgns.
31. ENTIRE AGREEMENT. This Agreement terminates any previous agreements between the
DISTRICT and tbe PMCDD. This Agreement coincides and becomes effective upon signature
and conveyance of tbe pump station and storage pond located at 1505 Pelican Marsh Blvd., from
7
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,Li.g2nda 1i.2:T1 ~..JO. i6K1
P;pril 22, 2008
Page 10 of 1 5
PMCDD to the District. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter referenced herein. Any amendment hereto shall be in writing
duly executed by the parties hereto, or their successors in interest to the Property. Each amending
agreement shall clearly and specifically refer to this Agreement by title and date. E.g., "First
Amendment to that Agreement for Delivery and Reuse of Irrigation Quality Water, which
commenced on the day of , 200_, between the Collier County
Water-Sewer District and Pelican Marsh Community Development District.
IN WITNESS WHEREOF, the parties have subscribed their hands and seals for the day and
year first above mentioned.
PELICAN MARSH
DEVELOPMENT DISTRlCT
COMMUNITY
By:
vn~
Gordon M .Brown, Chairman
u if
Gff6-!r
Approval as to form and legal
suffIciency:
o y P. lres, .. Esquire
Attorney for Pe 'can Marsh Community
Development District
8
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ATTEST:
Dwight E. Brock, Clerk
Approval as to form and legal
sufficiency:
~(\.~~-~
Je fer A. Belp '0
Assistant County Anorney
06-WTR-00022/661
Agenda item No. 16K 1
April 22, 2008
Page 11 of 15
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER - SEWER
DISTRICT
By:
Tom Henning, Chairman
9
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08
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