Backup Documents 12/13/2022 Item #11C ?Dr�c �ti�t�//C�� . CCt ,; c(t
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents arc to be forwarded to the County Attorney Office at
the time the item is placed on the agenda. All completed routing slips anti original documents must be received in the County Attorney Office no later than
%tonda)preceding the Board meeting.
**NEW** ROUTING SLIP
Complete muting lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2
3. County Attorney Office County Attorney Office >'/41-r-�� !z/l aJ
4. BCC Office Board of County ��� y
Commissioners
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact! Department rtc•n.:.,c ` La) S
Agenda Date Item was Agenda Item Number
Approved by the BCC
Type of Document (� Number of Original
Attached i`-" *— Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. Initial) Applicable)
I, Does the document require the chairman's original signature? I4
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed 6.
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board t`l / -
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
b. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. /
Some documents are time sensitive and require forwarding to Tallahassee within a certain Vrt I ._.
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on k /t y),rand all changes made during � GVtt A" tit
the meeting have been incorporated in the attached document. The County �.' --- ** t±
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the 54,73
Chairman's signature. 04
n s;�t, t d p�t~ c ceAi c,c coLio- -
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AGREEMENT TO PROVIDE
POTABLEWAIER,WASTEWAIT:RANDIRRIGATIONWAIERIJHLH'YSERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this 13tA
day of a-ceAbe_r , 2022 by and between the Board of County Commissioners of Collier
County, Florida, acting ex-officio as the Governing Board of the Collier County Water-Sewer
District(hereinafter referred to as the"CCWSD"), and Hogan Farms, LLC (hereinafter referred to
as "Landowner").
RECITALS:
WHEREAS, the CCWSD provides water, wastewater and irrigation water service
(collectively known as"utility services"),in an economical and environmentally beneficial manner
to much of the unincorporated area of Collier County; and
WHEREAS, the Landowner wishes to obtain utility services for approximately 2,000
residential units, amenities, and up to 140,000 square feet of commercial and civic uses from the
CCWSD; and
WHEREAS, this Agreement is intended to reduce to writing the terms and conditions
between the CCWSD and the Landowner as to the exclusive provision of utility services by the
CCWSD within the Brightshore SRA.
NOW, THEREFORE,the CCWSD and the Landowner agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by this reference.
The Landowner shall construct and pay for potable and irrigation quality water mains and
wastewater facilities within the Brightshore SRA development including but not limited to
gravity sewers, wastewater force mains and pump stations,CCWSD utility communication
fiber optic cable inside conduit, and a community pump station and convey such facilities
2 to the CCWSD in the manner provided in the applicable CCWSD policies and County
0 ordinances, including but not limited to Ordinance No. 2004-31, as amended, otherwise
wa known as the Collier County Utilities Standards and Procedures Ordinance (the "Utilities
ti < Standards Ordinance"), all of which as may be amended by the Board of County
aa o o Commissioners from time to time.
(Ni Tr F- Ce
5 o The CCWSD shall construct potable water transmission mains, wastewater force mains and
Ce N cc
} irrigation quality water(IQ)transmission facilities from the CCWSD utility site to the Point of
o
co Lo w z Connection for Brightshore SRA which shall be available to serve Brightshore SRA's demand
,coo o o by the anticipated"Service Date"including all FDEP certifications,and will continue to be able
o o CL to serve the Brightshore Village in accordance with its development schedule as defined in
2 Y W rn
o w J Exhibit A. The anticipated "Service Date" is currently January 6, 2024 but may be subject to
Hoo
o w _J o w change due to supply chain issues. The CCWSD fully supports the Landowner to construct
required infrastructure in anticipation of available utility services and will support the
application of FDEP permits for the development project.
[22-UFO-00131/1747048/1] 1 C /
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4. The Point of Connection shall be at the southeast corner of the Brightshore Village SRA,
as generally depicted on Exhibit B.
5. The CCWSD agrees to provide the necessary potable/fire water design flows at a minimum
pressure of 60 psi in the potable water system at the Landowner's Point of Connection by
the anticipated"Service Date."
6. The Landowner will reserve approximately 5.0 acres as generally depicted on Exhibit C
for CCWSD use. CCWSD will provide a minimum of 30 days' notice of intent to purchase
the property. Upon receipt of payment by CCWSD, the Landowner shall convey to the
CCWSD the property in fee simple, free, and clear of all liens and encumbrances, by
statutory warranty deed,the form of which is attached hereto as Exhibit D. The Landowner
will be responsible for paying any and all costs of any title work and searches and shall be
responsible for all costs for promptly removing or curing any liens, encumbrances on
deficiencies revealed in any title work. The Landowner will promptly provide the Office
of the County Attorney with an executed deed, suitable for recording. Upon receipt, the
County shall assume all costs associated with the recordation of the deed. The value of the
land depicted on Exhibit C shall be determined by two accredited appraisers who are
mutually agreed upon by the parties. The purchase price shall be based on the market value
of the land as set aside just prior to the SRA action and shall be equal to the average of the
two appraisals. The parties shall share equally in the appraisal costs. The valuation
methodology for the appraisals shall be consistent with the methodology utilized for typical
County right-of-way acquisition. Upon use of the property CCWSD shall install and
maintain a Type B buffer along the south and west boundary. No buffer will be required
on the east or north sides of this parcel.
7. The Landowner will also provide at no cost to CCWSD temporary and permanent
easements as generally shown on Exhibit E within ninety (90) days of a written request
from the CCWSD. Where feasible and at the discretion of the CCWSD, the Landowner
and CCWSD will work together to try and reduce the size and locations of the easements.
The Landowner shall promptly provide the Office of the County Attorney with the
executed easements suitable for recording, utilizing a form approved by the Office of the
County Attorney. Upon receipt, the County shall assume all costs associated with the
recordation of the easements.
8. The CCWSD agrees to provide a wastewater system head value of 60 psi for the projected
wastewater flows at the Landowner's Point of Connection by the anticipated "Service
Date."
9. The CCWSD agrees to provide the necessary irrigation water design flows at a minimum
pressure of 60 psi in the IQ water system at the Landowner's Point of Connection by the
anticipated"Service Date."An IQ water ground storage tank and/or an associated IQ water
pump station may also be constructed by the CCWSD on property provided by the
Landowner as growth occurs in the area.
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[22-UF0-001 31/1 747048/1] 2
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10. The Landowner agrees to provide the IQ water distribution system basis of design for
review and approval by the CCWSD to ensure reliable operation at build-out based on a
minimum connection pressure of 60 psi.
11. An internal residential IQ system must be installed to serve all areas including residential
areas, common areas and the Village Center in accordance with the LDC to the Point of
Connection.
12. The CCWSD will install IQ meters and manage and bill residents based on their IQ water
consumption at the CCWSD Board approved IQ rates for the IQ service provided
regardless of the CCWSD's water source(s). The Landowner shall pay for the cost of the
IQ meter installation by the CCWSD.
13. The Landowner will pre-pay water and wastewater impact fees to the CCWSD (the
"prepayment") for 250 ERCs. CCWSD shall reserve water capacity equivalent to 250
ERC's and wastewater capacity equivalent to 250 ERCs. The prepayment shall be at the
then current CCWSD Board approved rates for water and wastewater impact fees.
Landowner may use 50%of these credits per dwelling unit as each building permit is issued
thereon until the development is either completed or the credits are exhausted or have been
assigned as provided for in the Collier County Impact Fee Ordinance. Impact fees will be
prepaid at the then current rate and Landowner shall be responsible for any difference
between the prepayment amount per ERC and the rate in effect at the time of building
permit application submittal.
14. The prepayment shall be due no later than thirty (30) days after Landowner's receipt and
acceptance of:
a. An approved and non-appealable SRA for the Brightshore SRA development.
b. All required and non-appealable permits from the South Florida Water
Management District or any other federal or state regulatory authorities for the first
phase of development associated with"c"below.
c. Approval by the Board of County Commissioners of the first plat within the
development.
15. This Agreement shall remain in effect until terminated by the County or the Landowner.
Any party may terminate this Agreement, with or without cause, by providing written
notice to the other parties prior to the date that either the CCWSD or the Landowner commit
any affirmative act to construct or provide potable water, wastewater or irrigation water
utility service, including but not limited to entering into an agreement hiring a contractor
or a consultant to provide utility construction-related services in furtherance of this
Agreement. Any attempt to terminate the Agreement once any party has incurred any
expense in furtherance of fulfilling its duties under the Agreement, without the express
written consent of the other parties, shall be considered a nullity. Termination shall be
effective one hundred eighty(180)days after receipt of said written notice.This Agreement
may be amended from time to time upon the written consent of all parties. Any amendment
to the Agreement must be in writing and must be executed with the same formalities as this
original Agreement.
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[22-UF0-00131/1747048/1] 3
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16. NOTICES. All notices required under this Agreement shall be directed to the following
offices: For the County: Office of the County Manager, 3299 Tamiami Trail East, Suite
202,Naples,Florida 34112. For the Landowner: David Genson/President of Development,
Barron Collier Companies, 2600 Golden Gate Parkway,Naples, FL 34105.
17. INDEMNIFICATION. To the extent allowed by law, each party agrees to indemnify,
defend and hold harmless the other, its officers, board members, council members, agents
and employees from and against any and all fines, suits, claims, demands, penalties,
liabilities, costs or expenses, losses, settlements, judgments and awards and actions of
whatever kind or nature, including attorney's fees and costs(and costs and fees on appeal)
and damages (including,but not limited to,actual and consequential damages) arising from
any negligent, willful or wrongful misconduct, knowing misrepresentation or material
breach of this Agreement by such party, its officers, board members, council members,
agents or employees. The foregoing indemnification shall not constitute a waiver of the
CCWSD's sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by any party to indemnify
another party for such other party's negligent, willful or intentional acts or omissions.
18. This Agreement may be executed in counterpart, each of which shall be deemed to be an
original as against any party who signature appears thereon and all of which shall together
constitute one and the same instrument. The County may record this Agreement in the
Public Records of Collier County.
Remainder of Page Intentionally Left Blank
Signature Page to Follow
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[22-UF0-00131/1747048/1] 4
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA, AS
EX-OFFICIO TILE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-
ATTEST: ...... ` SEWER DIST
Crystal K. inze1, C rk of Courts
6,,e) I 11*.401.11114
By: By:Dtv
_�... .yr►
Attest as to CIlaifpll�lt ,s'lerk W; iam L. McDaniel, Jr., Chairman
signatu It
Approved as o bra and legality:
Jeffrey A. Klatz w, ounty Attorney
HOGAN ' 1Rl S,
• BY: J
PRINT: David B. Genson
TIT1,F: Vice President of Barron Collier Corporation,
its Manager
STATE OF FLORIDA
COUNTY OF Collier
1 I I'I'he foreegoin�u agreement was acknowledged before me by means of[x] physical presence
(Lie Vice PrI onh t off Bacon tC iLion this 30th day of November , 2022 by David B.Genson , as
_COrpnratinn,Manag•r of Hogan Farms, LLC. a Florida limited liability company, who is
[ J personally known to me or who has [ J produced as identification.
=ov nvv64,„ SABINA E.HARDY
:*= MY COMMISSION#GG287225 (Signature of Notary Public)
wu
yam+. EXPIRES:January 14,2023
'.,OF F;°; Bonded Thru Notary Public Underwriters
Sabina E.Hardy
(Print Name of Notary Public)
[22-UFO-00131/1747048/11 5
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EXHIBIT D
PROJECT:
PARCEL:
WARRANTY DEED
THIS WARRANTY DEED is made this day of , 2022,
by Hogan Farms, LLC a Florida limited liability company, whose address is 2600 Golden
Gate Parkway (hereinafter referred to as "Grantor"), to BOARD OF COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS EX-OFFICIO THE GOVERNING BOARD OF
THE WATER-SEWER DISTRICT, its successors and assigns, whose post office address
is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 (hereinafter referred to as
"Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
C
[22-UFO-0013 I/1746423/1]
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Hogan Farms, LLC
a Florida limited liability company
Witness (Signature) By:
Print Name:
Print:
Print Title:
Witness (Signature)
Print:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of[ ] physical presence
or [ ] online notarization this day of , 2022 by , as
of Hogan Farms, LLC, a Florida limited liability company, who is
[ ] personally known to me or who has [ ] produced as identification.
(Signature of Notary Public)
(Print Name of Notary Public)
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[22-UFO-00 1 3 1/1746423/I]
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