Agenda 07/08/2025 Item #16C 2 (Amendment to the Agreement between Hogan Farms, LLC, (Landowner) and the BCC of CLL, FL.,)7/8/2025
Item # 16.C.2
ID# 2025-2252
Executive Summary
Recommendation to approve an Amendment to the Agreement between Hogan Farms, LLC, (Landowner) and the Board
of County Commissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier County
Water Sewer District (CCWSD) for the exclusive provision of providing potable water, wastewater and irrigation quality
water services within the Brightshore Stewardship Receiving Area (SRA) development f/k/a Hogan Island Village. (This
is a companion to item 16.B.7)
OBJECTIVE: The public purpose for the amendment is to provide a ready-to-build utility site at the Brightshore SRA
to enable the CCWSD to provide reliable potable water, wastewater, and irrigation quality water services to the
Brightshore SRA.
CONSIDERATIONS: On December 13, 2022, agenda item 11C, the Board of County Commissioners (“Board”)
approved an Agreement to provide potable water, wastewater and irrigation water utility services to the Brightshore
SRA. Pursuant to the Agreement, Section 6, the Landowner agreed to reserve approximately 5.0 acres for CCWSD
future utility infrastructure use.
The Collier County transportation pond site is adjacent to the utility site (Exhibit C). With excavation work on the lake
on the transportation parcel, the utility will purchase the fill from the adjacent lake. The work essentially sets the lake for
future use and fills and stabilizes the utility site for future intended utility infrastructure (Exhibit G).
Section 6b has been added to the Agreement which establishes the guaranteed maximum price for the fill and site work
at a guaranteed maximum price of $401,398.00 (Exhibit F). The cost of the work is based off the bid tabs from the
lowest responsible bidder to the Community Development District public bid.
This item is consistent with the Collier County strategic plan objective to maintain public infrastructure and facilities to
effectively, efficiently, and sustainably meet the needs of our community. It further is in support of the Infrastructure
and Asset Management Strategic Focus Area’s objectives to optimize the useful life of all public infrastructure resources
through proper planning and preventative maintenance.
FISCAL IMPACT: Funding is available in the water and wastewater impact fee funds (4011 and 4013, respectively).
Revenues from residential water and sewer impact fees at buildout are estimated to be $17 million at currently approved
rates. Impact Fees will accrue in the Water and Sewer Impact Fee Funds (4011 and 4013, respectively).
GROWTH MANAGEMENT IMPACT: This item meets current Growth Management Plan standards to ensure the
adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires a majority vote for approval. -JAK
RECOMMENDATIONS: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier
County Water-Sewer District, approve the amendment to the Agreement between Hogan Farms, LLC, (Landowner) and
the Board of County Commissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier
County Water Sewer District (CCWSD) for the exclusive provision of potable water, wastewater and irrigation quality
water services within the Brightshore SRA development f/k/a Hogan Island Village.
PREPARED BY: Joe Bellone, Director, Public Utilities Finance
ATTACHMENTS:
1. Exhibit A - Development Schedule
2. Exhibit B - Connection Point
3. Exhibit C - Utility Lands
Page 2243 of 4096
7/8/2025
Item # 16.C.2
ID# 2025-2252
4. Exhibit D - Warranty Deed
5. Exhibit E - Utility Easement
6. Exhibit F - Cost Exhibit
7. Exhibit G - Utility Site Plan
8. Brightshore Utility Agreement 12132022 Item 11C Complete
9. Utlity Amendment CAO
Page 2244 of 4096
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Multi-Family ------------75 200 175 50 500
SF Detached 25 100 100 100 100 100 100 100 100 100 100 100 150 75 75 75 1,500
Total Res.25 100 100 100 100 100 100 100 100 100 100 100 225 275 250 125 2,000
Non-Res. (sf)60,000 40,000 40,000 140,000
YEAR Total
EXHIBIT A
DEVELOPMENT SCHEDULE
Page 2245 of 4096
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POTENTIAL OFFSITE
COUNTY UTILITY
EASEMENTS EXHIBIT
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Page 2250 of 4096
DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
LAND PREP ENTIRE TRACT 5.4 AC 800.00$ 4,320.00$
EXCAVATE AND PROCESS MATERIAL 43,528 CY 4.15$ 180,641.20$
DELIVER AND SPREAD 43,528 CY 1.00$ 43,528.00$
GRADING 5.4 AC 1,500.00$ 8,100.00$
SURVEY STAKE-OUT / SURVEY AS-BUILT 1 LS 2,500.00$ 2,500.00$
GEOTECHINCAL TESTING 1 LS 2,500.00$ 2,500.00$
HYDROSEED 3.7 AC 7,920.00$ 29,374.36$
BAHIA SOD (INTERIM DETENTION AREA)65,340 SF 0.29$ 18,948.60$
CONTROL STRUCTURE TYPE 'D'1 EA 8,151.00$ 8,151.00$
24" RCP STORM SEWER 60 LF 109.00$ 6,540.00$
BUBBLE UP OUTFALL STRUCTURE 1 EA 8,151.00$ 8,151.00$
LITTORAL PLANTINGS 0 EA 1.75$ -$
PINE STRAW (UPLAND BUFFER)8,325 SF 0.50$ 4,162.50$
CORD GRASS 925 EA 5.00$ 4,625.00$
DESIGN AND PERMITTING 1 LS 15,000.00$ 15,000.00$
CONSTRUCTION MANAGEMENT 1 LS 12,500.00$ 12,500.00$
SUB-TOTAL:349,041.66$
CONTINGENCY (15%)52,356.25$
TOTAL - UTILITY PARCEL COSTS 401,397.91$
UTILITY PARCEL COSTS (5.35 AC) (NOTE - THIS IS ONLY AT 15' DEPTH OF EXCAVATION DUE TO ROCK)
Page 2251 of 4096
INTERIM CONDITION
OUTFALL STRUCTURE
INTERIM CONDITION
OUTFALL STRUCTURE
INTERIM CONDITION
DETENTION AREA
FUTURE 15'
TYPE 'B' C.L.B.E
(BY COLLIER
COUNTY
WATER-SEWER
DISTRICT)
25' C.A.E. & C.D.E.
25' TYPE 'D'
C.L.B.E.
25' TYPE
'D' P.L.B.E.
40' C.U.E.
40' C.U.E.
TRACT "R-3"
(T.A.E., T.D.E. & RIGHT-OF-WAY
RESERVATION)
TRACT "R-2"
(PUBLIC R.O.W., C.U.E., & P.U.E.)
IMMOKALEE RDVIBRANCE DRTRACT "CTY-2"
(TRANSPORTATION
PARCEL)
D
X36-5
A
X36-2
F
X36-7
B
X36-3
C
X36-4
H
X36-9
40' C.U.E.
ANTICIPATED FILL
VOLUME ROUGHLY
EQUIVALENT TO AN
AVERAGE ELEVATION
OF 23.9 FT-NAVD
ACROSS ENTIRE
TRACT AREA. TRACT
SHALL BE GRADED TO
PROVIDE DRAINAGE TO
INTERIM DETENTION
AREA AND MAY
INCLUDE HIGH POINTS
AND/OR SWALES.
E
X36-6
G
X36-8
TRACT
"CTY-1"
(UTILITY
PARCEL)
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
Sheet Number:
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:CLIENT:TITLE:PROJECT:[Save Date: 5/19/2025 4:54:28 PM] [By: ITorres] [Plot Date: 6/13/2025 3:17:06 PM] [By: Daniel Hartley] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-ABCP-009\004-Brightshore_Ph1\Drawings-Civil\C00-Exhibits\X36-County_Utility_&_Transportation\Sheet_Files\P-ABCP-009-004-C00-X36-1.dwg]Sheet ID:
of
Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
BRIGHTSHORE
VILLAGE EXHIBIT G-1
19 47 28
DAN HARTLEY, P.E.
IVAN TORRES
MAY 2025
P-ABCP-009-004
P-ABCP-009-004-C00-X36-1.dwg
X36-1
1
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
NOTES
DEFINITIONS
C.A.E.COUNTY ACCESS EASEMENT
C.D.E.COUNTY DRAINAGE EASEMENT
C.U.E COUNTY UTILITY EASEMENT
C.L.B.E.COUNTY LANDSCAPE BUFFER EASEMENT
P.L.B.E.PERIMETER LANDSCAPE BUFFER EASEMENT
P.U.E.PUBLIC UTILITY EASEMENT
R.O.W.RIGHT-OF-WAY
T.A.E.TEMPORARY ACCESS EASEMENT
T.D.E.TEMPORARY DRAINAGE EASEMENT
1.THE DEPICTED DESIGN, DIMENSIONS, AND
ELEVATIONS ARE PRELIMINARY AND
SUBJECT TO CHANGE DURING FINAL
DESIGN AND PERMITTING, AND SUBJECT
TO MATERIAL AVAILABILITY FROM THE
EXCAVATION ON TRACT "CTY-2".
Page 2252 of 4096
E SCALE: 1" = 10'
SECTION
C.E. =19.85
1
3±
15' UPLAND BUFFER
OFFSITE
BUFFER PLANTINGS PER
BRIGHTSHORE VILLAGE PPL
1
20
25' COUNTY A.E. AND COUNTY D.E.
INTERIM DRY
DETENTION
BOTTOM = 20.85 1
4±
10'
TRACT "CTY-1"
(UTILITY PARCEL)
15'
PERIMETER BERM
ELEV = 24.5
BRIGHTSHORE
VILLAGE S.R.A.
BOUNDARY
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
CLIENT:TITLE:PROJECT:
Sheet Number:of
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 5/6/2025 2:36:52 PM] [By: ITorres] [Plot Date: 6/13/2025 3:17:10 PM] [By: Daniel Hartley] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-ABCP-009\004-Brightshore_Ph1\Drawings-Civil\C00-Exhibits\X36-County_Utility_&_Transportation\Sheet_Files\P-ABCP-009-004-C00-X36-6.dwg]Sheet ID:Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
BRIGHTSHORE
VILLAGE EXHIBIT G-2
DAN HARTLEY, P.E.
IVAN TORRES
MAY 2025
P-ABCP-009-004
P-ABCP-009-004-C00-X36-6.dwg
X36-6
6
19 47 28REVISIONS:
No:Revision:Date:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
NOTES:
1.THE DEPICTED DESIGN, DIMENSIONS, AND
ELEVATIONS ARE PRELIMINARY AND SUBJECT TO
CHANGE DURING FINAL DESIGN AND PERMITTING,
AND SUBJECT TO MATERIAL AVAILABILITY FROM
THE EXCAVATION ON TRACT "CTY-2".
Page 2253 of 4096
F SCALE: 1" = 10'
SECTION
IMMOKALEE ROAD R.O.W.
RESERVATION
BERM ELEV = 23.1
EX. 40' C.U.E.
25' COUNTY LANDSCAPE
BUFFER EASEMENT
(C.L.B.E.)
(BY COLLIER COUNTY
WATER-SEWER DISTRICT)
TRACT "CTY-1"
(UTILITY PARCEL)
THE C.U.E. AREA WITHIN TRACT CTY-1 MUST DRAIN TO THE WATER
MANAGEMENT SYSTEM SERVING CTY-1, WHICH IS SEPARATE AND
INDEPENDENT FROM THE REST OF THE BRIGHTSHORE VILLAGE
SYSTEM. CONVEYANCE OF STORM WATER SHALL BE MAINTAINED
ACROSS THE REQUIRED COUNTY LANDSCAPE BUFFER EASEMENT
WHETHER OR NOT THE OPTIONAL BERM IS CONSTRUCTED.
UTILITY
MAINS
OPTIONAL
BERM
TRACT LINE
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
CLIENT:TITLE:PROJECT:
Sheet Number:of
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 5/6/2025 2:36:49 PM] [By: ITorres] [Plot Date: 6/13/2025 3:17:15 PM] [By: Daniel Hartley] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-ABCP-009\004-Brightshore_Ph1\Drawings-Civil\C00-Exhibits\X36-County_Utility_&_Transportation\Sheet_Files\P-ABCP-009-004-C00-X36-7.dwg]Sheet ID:Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
BRIGHTSHORE
VILLAGE EXHIBIT G-3
DAN HARTLEY, P.E.
IVAN TORRES
MAY 2025
P-ABCP-009-004
P-ABCP-009-004-C00-X36-7.dwg
X36-7
7
19 47 28REVISIONS:
No:Revision:Date:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
NOTES:
1.THE DEPICTED DESIGN, DIMENSIONS, AND
ELEVATIONS ARE PRELIMINARY AND SUBJECT TO
CHANGE DURING FINAL DESIGN AND PERMITTING,
AND SUBJECT TO MATERIAL AVAILABILITY FROM
THE EXCAVATION ON TRACT "CTY-2".
Page 2254 of 4096
G SCALE: 1" = 10'
SECTION
FUTURE 15'
TYPE 'B' C.L.B.E.
2'
TRACT "CTY-1"
(UTILITY PARCEL)
BRIGHTSHORE VILLAGE
(FUTURE DEVELOPMENT TRACT)
1
10
PERIMETER BERM
ELEV = 24.5
SLOPE TO INTERIM
DETENTION AREA
TRACT LINE
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
CLIENT:TITLE:PROJECT:
Sheet Number:of
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 5/6/2025 2:36:47 PM] [By: ITorres] [Plot Date: 6/13/2025 3:17:20 PM] [By: Daniel Hartley] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-ABCP-009\004-Brightshore_Ph1\Drawings-Civil\C00-Exhibits\X36-County_Utility_&_Transportation\Sheet_Files\P-ABCP-009-004-C00-X36-8.dwg]Sheet ID:Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
BRIGHTSHORE
VILLAGE EXHIBIT G-4
DAN HARTLEY, P.E.
IVAN TORRES
MAY 2025
P-ABCP-009-004
P-ABCP-009-004-C00-X36-8.dwg
X36-8
8
19 47 28REVISIONS:
No:Revision:Date:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
NOTES:
1.THE DEPICTED DESIGN, DIMENSIONS, AND
ELEVATIONS ARE PRELIMINARY AND SUBJECT TO
CHANGE DURING FINAL DESIGN AND PERMITTING,
AND SUBJECT TO MATERIAL AVAILABILITY FROM
THE EXCAVATION ON TRACT "CTY-2".
Page 2255 of 4096
H SCALE: 1" = 10'
SECTION
TRACT LINE
TRACT "CTY-1"
(UTILITY PARCEL)
TRACT "CTY-2"
(TRANSPORTATION PARCEL)
PERIMETER BERM ELEV = 24.5
20' L.M.E.LAKE
14
2'
C.E. =19.85
INTERIM DRY
DETENTION
BOTTOM = 20.85
15'
1
4±
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
CLIENT:TITLE:PROJECT:
Sheet Number:of
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 5/6/2025 2:36:43 PM] [By: ITorres] [Plot Date: 6/13/2025 3:17:25 PM] [By: Daniel Hartley] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-ABCP-009\004-Brightshore_Ph1\Drawings-Civil\C00-Exhibits\X36-County_Utility_&_Transportation\Sheet_Files\P-ABCP-009-004-C00-X36-9.dwg]Sheet ID:Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
BRIGHTSHORE
VILLAGE EXHIBIT G-5
DAN HARTLEY, P.E.
IVAN TORRES
MAY 2025
P-ABCP-009-004
P-ABCP-009-004-C00-X36-9.dwg
X36-9
9
19 47 28REVISIONS:
No:Revision:Date:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
NOTES:
1.THE DEPICTED DESIGN, DIMENSIONS, AND
ELEVATIONS ARE PRELIMINARY AND SUBJECT TO
CHANGE DURING FINAL DESIGN AND PERMITTING,
AND SUBJECT TO MATERIAL AVAILABILITY FROM
THE EXCAVATION ON TRACT "CTY-2".
Page 2256 of 4096
AGREEMENT TO PROVIDE
POTABLE WAI'ER,WASTEWA ILItANDIRRIGATIONWA1 ERUTILITYSERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this I3tA
day of ( e e..6et- , 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.
2.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
to the CCWSD in the manner provided in the applicable CCWSD policies and County
ordinances, including but not limited to Ordinance No. 2004-31, as amended, otherwise
known as the Collier County Utilities Standards and Procedures Ordinance (the "Utilities
Standards Ordinance"), all of which as may be amended by the Board of County
Commissioners from time to time.
3.The CCWSD shall construct potable water transmission mains, wastewater force mains and
irrigation quality water(IQ)transmission facilities from the CCWSD utility site to the Point of
Connection for Brightshore SRA which shall be available to serve Brightshore SRA's demand
by the anticipated"Service Date"including all FDEP certifications,and will continue to be able
to serve the Brightshore Village in accordance with its development schedule as defined in
Exhibit A. The anticipated "Service Date" is currently January 6, 2024 but may be subject to
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-UF0-00131/1747048/1]1 C)
Page 2257 of 4096
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.
22-UF0-00131/1747048/1] 2
Page 2258 of 4096
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.
22-UF0-00131/1747048/1]3
cA°)
Page 2259 of 4096
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
CA
22-UF0-00131/1747048/1] 4
Page 2260 of 4096
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year lirst written above.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA, AS
EX-OFFICIO TILE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-
ATTEST: SEWER DISTA4
ft
Crystal K. 'itvei, C rk of Courts
By: L.By: -
Attest as to ehailplhlt ,Clerk W, iam L. McDaniel, Jr., Chairman
signatu onl :
Approved as of on and legality:
Jeffrey A. Klatz w, minty Attorney
HOGAN • ll, S,
BY: _ J
PRINT: David B. Genson
TITI,F: Vice President of Barron Collier Corporation,
its Manager
STATE OF FLORIDA
COUNTY OF Collier
lhe foregoing agreement was acknowledged before me by means of[x] physical presence
ViJeV tlin siotarl ion this 30th day of November , 2022 by David B.Genson as
P si ent o arron o er
Corporation Manager of Hogan Farms, LLC. a Florida limited liability company, who is
J personally known to me or who has [ ] produced as identification.
oS! rvyc SABINAE.HARDY 1 t
MY COMMISSION#GG287225 Signature ofNotary Public)4
EXPIRES:January 14,2023
9F ;c° Bonded ilvu Notary Pubic Underwriters
Sabina E.Hardy
Print Name of Notary Public)
22-UF0-00131/1747048/1] 5
Page 2261 of 4096
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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.
CNO
22-UFO-00 1 3 1/1 746423/I I
Page 2265 of 4096
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)
CPO
22-UFO-00 1 3 1/1 746423/l]
Page 2266 of 4096
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