Collier Rod and Gun Club at the Preserve UTILITY AGREEMENT
Collier Rod and Gun Club at the Preserve
THIS AGREEMENT ("Agreement") is made and entered into this (Qday of Oc.fobei ,
2023 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 "District" or
"County"), and CSC Farm, LLC, a Florida limited liability company, (hereinafter referred to as
"Developer").
RECITALS:
WHEREAS, the District 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 Developer is proposing a project within the District's service boundaries known
as the Collier Rod and Gun Club at the Preserve("the Development")which is depicted in Exhibit A to this
Agreement;and
WHEREAS,this Agreement is intended to reduce to writing the terms and conditions between the
District and the Developer as to the provision of certain utility services by the District to the Development.
NOW,THEREFORE,the District and the Developer agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by this reference.
2. If and when the District brings water, sewer, or irrigation quality water to within 200 feet of the
Development, and District provides notice to serve the Project, the Developer shall comply with the
following:
a. Developer shall have 1 year to design, permit, and commence construction to connect to
the public system. Design and construction shall meet then current District standards for any of the
services provided (Water, Wastewater, or Irrigation Quality water). Developer shall have 5 years to
construct and connect the associated water,sewer,or irrigation quality water infrastructure, including
the elimination of all interim wastewater treatment facilities and potable water facilities which service
is being replaced by the District.
b. Developer shall convey easement(s)pursuant to then-current District standards,at no cost
to the District, associated with all infrastructure to be conveyed to the District. Easements shall be
provided prior to final acceptance.
c. The utility site for the Development is shown on Exhibit B-1. The master wastewater
connection point is intended to be where the interim treatment equipment and proposed leach field is
going to be located, as shown on Exhibit B-2, which shall serve as the location for conversion to
accommodate a master lift station and booster station, if needed(not to exceed 100 feet by 100 feet).
d. The access easement to the District from a public road to the master point of connection is
reflected in Exhibit C. This easement shall be conveyed to the County at the time of the Developer's
first SDP or PPL application.
e. If and when connected to the District system,the impact fee and user fee rates will be set
and charged by the District. The District reserves the right,but not the obligation,to conduct a special
rate study,and Developer agrees to accept such rates set forth in the study.
1
f. Wastewater systems which are on the development side of the master connection point,as
shown on Exhibit B-2,will remain private and do not have to meet District utilities standards but shall
comply with all government standards.
g. Everything at the connection point, including master lift station and possible booster
station, back to the public right of way, will meet the District standards for design and construction.
3. Given both the unique nature and remoteness of the Development,the parties agree that the District
has no obligation to provide water, sewer,or irrigation quality water now or in the future.
4. Developer's disclosure documents to be provided to buyers will include notice that the residents
are on private systems and the District has no obligation to provide water,sewer,or irrigation quality water
now or in the future.
5. The Developer will provide the District a copy of the annual report provided to FDEP and review
annually the District's plans for expansion.
6. Should the District identify a project in the Capital Improvement Program(CIP)that shows funding
to provide service to within 200' of the development has been identified in the five(5)year work program
and the District notifies the landowner of the District's intent to provide service,then Developer will notify
the all of the property owners within the project and begin to set aside sufficient funds to complete the
connection to the public system.
Legal Matters
7. This Agreement shall not be constructed or characterized as a development agreement under the
Florida Local Government Development Agreement Act.
8. The burdens of this Agreement shall be binding upon,and the benefits of this Agreement shall inure
to, all successors in interest to the parties to this Agreement, including but not limited to a Homeowner's
or like Association.
9. Developer acknowledges that the failure of this Agreement to address any permit, condition,term
or restriction shall not relieve either the Developer or the Development's owner or its successors or assigns,
of the necessity of complying with any law, ordinance rule or regulation governing said permitting
requirements,conditions,terms or restrictions.
10. In the event state or federal laws are enacted after the execution of this Agreement, which are
applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement,
then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws,
in a many which best reflects the intent of this Agreement.
11. Developer shall execute this Agreement prior to it being submitted for approval by the Board of
County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the Effective Date. Developer shall pay all costs of
recording this Agreement. The County shall provide a copy of the recorded document to the Developer
upon request.
12. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute
first by means of the County's then-current Alternative Dispute Resolution Procedure, if any. Following
the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit
Court of Collier County to enforce the terms of this Agreement,and remedy being cumulative with any and
2
G,
Witness: CSC FARM,LLC,
a Florida Limited Liability Company
By: Barron Collier Corporation, its Manager
By:
Name: cA t3tt.tt1/4- . ' boy Name and Title: gQl ' cJ.u�.w4 CIO
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all other remedies available to the parties for the enforcement of the Agreement.
13. Except as otherwise provided herein, this Agreement shall only be amended by mutual written
consent of the parties hereto or by their successors in interest. All notices and other communications required
or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail,
return receipt requested,or by a nationally recognized overnight delivery service,and addressed as follows:
To County: To Developer:
Collier County Manager's Office Nick Casalanguida
3299 Tamiami Trail East, Suite 202 2600 Golden Gate Parkway
Naples, FL 34112-5746 Naples, FL 34105
14. This Agreement constitutes the entire agreement between the parties with respect to the activities
noted herein and supersedes and takes the place of any and all previous agreements entered into between
the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings,
and agreements by or between the parties hereto with respect to the subject matter of this Agreement are
merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and
agreements by and between such parties with respect thereto hereby are canceled.
15. Nothing contained herein shall be deemed or construed to create between or among any of the
parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to
bind any other party hereto to any agreement whatsoever.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first
written above.
BOARD OF COUNTY COMMISSIONERS
It E;+,tttttii£r;r���, OF COLLIER COUNTY,FLORIDA,
ATTES.t: as the ex-oficio Governing Board of the
Crystal K.'Ki. :el; ' Vurts Collier County Water-Sewer District
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By:. � A By:
Attest as to C air anpd ' erk Rick LoCastro,Chairman
Sigfature .nly
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Approved �� " r� and legality:
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Jeffrey A. lat. w,County Attorney
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