Backup Documents 09/09/2025 Item #16C 3 16C3
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 are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing 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
J4k//J q/T
4. BCC Office Board of County
Commissioners as j, t i of h
5. Minutes and Records Clerk of Court's Office T �� '1/16 ,,/
.4J
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 J a fie /3z1L..e_ 2SZ - Go25r
Agenda Date Item was Agenda Item Number
Approved by the BCC q�9/ZS lc.C.3 (Las- Z3t z,
Type of Document A Number of Original
Attached ' `" Documents Attached
PO number or account
number if document is 9atr oo�o vo — Zl o't t — S4"Qo30
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. (In' ial) Applicable)
1. Does the document require the chairman's original signature? 1
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
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 ‘).27
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.
6. "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
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/1/?. and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the ti'' an option Pat
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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INSTR 6728730 OR 6506 PG 3294
RECORDED 9/11/2025 9:19 AM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$78.00 INDX$2.00
AGREEMENT TO PROVIDE
POTABLE WATER AM)WASIEWAIERUI'ILITVSERViCES
This Agreement ("Agreement") is made and entered into this 1 day of
Sep+u.Lv , 2025 by and between the Board of County Commissioners of Collier
County, Florida, acting cx-officio as the Governing Board of the Collier County Water-Sewer
District (hereinafter referred to as the "CCWSD"), Collier Land Holdings, LTD and CDC
investment Properties, LLC., (hereinafter referred to as "Landowner") and Horse 'Trials
Community Development District (hereinafter referred to as"CDD"),
RECITALS:
WHEREAS, the CCWSI) 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, Landowner has submitted a petition to designate the Horse Trials
Stewardship Receiving Area ("SRA") which includes 3,205 residential units, amenities, and
182,700 square feet of commercial/idustrial uses; and
WHEREAS, the Landowner and Cl)l) wish to obtain utility services for the SRA; and
WHEREAS, this Agreement is intended to reduce to writing the terms and conditions
between the CCWSD and the Landowner and CDD as to the exclusive provision of utility services
by the CCWSD within the Horse Trials SRA.
NOW,THEREFORE, CCWSD and the Landowner and CDD agree as follows:
1. The foregoing recitals arc true and correct and are incorporated herein by this reference.
2. The Landowner shall construct and pay for potable water and wastewater facilities within
the Horse Trials SRA development including but not limited to gravity sewers, wastewater
force mains and pump stations, CCWSI) 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 CCIVSD policies and County ordinances, including but
not limited to Ordinance No. 2004-3 I,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 CCWSI) shall design, permit and construct potable water transmission mains and
wastewater force mains from the CCWSD utility site to the Point of Connection for I lorse Trials
SRA which shall be available to serve Horse 'Trials SRA's demand in accordance with its
development schedule as set forth in Exhibit A.
4. The Point of Connection shall be the Oil Well Right of way at the southwest corner of'the
proposed utility site, as defined in Exhibit B. Mains will be extended by Landowner to
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serve the Morse Trials project; these mains will be located on the proposed utility site also
as depicted on Exhibit 13. 'These extended mains shall be located on the utility site property
in dedicated temporary Collier Utility Easements (CUE) ► ntil such time as the CCWSD
obtains title to the utility site. in the event that the CCWSD never obtains title to the utility
site in accordance with paragraph 7, the easements shall remain as permanent easements.
5. The CCWSD agrees to provide the necessary potable/lire water design flows at a minimum
pressure of 60 psi in the potable water system at the Developer's Point of Connection by
December 31, 2028, but may be subject to change to a mutually agreed upon date.
6. The CCWSD agrees to provide a wastewater system head value of 60 psi for the projected
wastewater flows at the Developer's Point of Connection by December 31, 2028, but may
be subject to change to a mutually agreed upon date.
7. A potable water ground storage tank and associated potable water pump station may be
constructed by the CCWSD as the development matures. The Landowner will reserve up
to 9.08 acres ("Utility Site") as generally shown on the SRA master plan. CCWSD will
provide a minimum of 30 days' notice of intent to purchase the Utility Site. Upon receipt
of payment by CCWSD,the Landowner shall convey to the CCWSD the Utility Site in fee
simple, free, and clear of all liens and encumbrances, by statutory warranty deed, the form
of which is attached hereto as Exhibit C. 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 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 he 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. If CCWSD does not
acquire the Utility Site within fifteen (15) years of the date of this Agreement, the
reservation shall expire, unless the reservation is extended by the Landowner.
8. The Landowner within Horse Trials SRA agree to pre-pay water and wastewater impact
fees to the CCWSD without expiration (the "prepayment") for 450 ERCs. CCWSD shall
reserve water capacity equivalent to 450 ERC's and wastewater capacity equivalent to 450
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 arc 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. •
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9. 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 l-lorse Trials SRA development.
b. All required and non-appealable permits from the South Florida Water
Management District or any other federal or state regulatory authorities.
c. Approved final Plat.
•
10. 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.
11. NOTICES, All notices required under this Agreement shall be directed to the following
offices: For the County: Office of the County Manager, 3301 East Tamiami Trail,Naples,
Florida 34112. For the Landowner: David Gcnson/President of Development, Barron
Collier Companies,2600 Golden Gate Parkway,Naples, FL 34105.
12. 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 Ibrth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by any part)' to indemnify
another party lbr such other party's negligent, willful or intentional acts or omissions.
13. COUNTERPARTS.`Phis Agreement may be executed in any number of counterparts,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.
14. Recordint~. This Agreement shall be recorded in the Public Records of Collier County. The
County shall be responsible for recording the same.
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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
ATTEST: ',. ',„, COLLIER COUNTY, FLORIDA
Crystal Kirin!,glerL
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'• ,' -..... ••,,, eput) ('Ierk Burt Salm((Is. Chairman
„oNtOit'as to Chairman's
1 signature only
Approv I s rm anineual sufficiency
j;:iirei A. Kliil kow. County Attorney
ATTEST: COLLIER LAN) HOLDINGS, ,TI
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Print Name: • (..--
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ATTEST: cm:. iNvFsn ENT PROPERTI
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ATTEST: noRsE. /?
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‘A, By:
Print Name: 464 gcce
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Exhibit A
Horse Trials Development Schedule
•Uses Total 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Total
Multi-Famlly 290 12 20 26 26 26 26 26 26 26 26 26 20 4 r 290
ISF Attached 435 18 32 38 38 38 38 38 38 38 38 38 32 11 r 435
42-SF 640 26 45 57 57 57 57 57 57 57 57 57 44 12 a 640
52-SF 895 37 63 80 80 80 80 80 80 80 80 80 63 12 r 895
162-SF 640 26 45 57 57 57 57 57 57 57 57 57 44 12 a 640
Affordable 305 43 44 44 44 44 44 42 305
3,205 r 119 205 258 301 302 302 302 302 302 300 258 203 51 3,205
•
•
;Commercial 40.000 17,000 16,700 16,000 16,000 16,000 16,000 16,000 153,700
!Civic I I 12,000 5,000 5,000 4,000 3,000 29,000
182,700
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! _- % Horse Trials Utility Agreement Exhibit
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EXHIBIT C
PROJECT:
PARCEL:
WARRANTY DEED
THIS WARRANTY DEED is made this day of , 2025,
by a Collier Land Holdings, LTD,a Florida limited partnership and CDC Investment Properties,
LLC,a Florida limited liability company, whose address is 999 Vanderbilt Beach Rd., #507,
Naples, FL 34108 (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 "B" 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.
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COLLIER LAND HOLDINGS, LTD
a Florida limited partnership
Witness (Signature) By:
Print Name:
Print:
Print Title:
Address:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of[ ] physical presence
or [] online notarization this day of , 2025 by , as
of Collier Land Holdings, Ltd., a Florida limited liability company, who is
[ ] personally known to me or who has [ ] produced as identification.
(SEAL)
(Signature of Notary Public)
(Print Name of Notary Public)
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CDC INVESTMENT PROPERTIES, LLC
a Florida limited liability company
By:
Witness (Signature)
Print Name: Print Name:
Print Title:
Address:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of[ ] physical presence
or [] online notarization this day of , 2025 by , as
of CDC Investment Properties, LLC, a Florida limited liability company,
who is
[ ] personally known to me or who has [ ] produced as identification.
(SEAL)
(Signature of Notary Public)
(Print Name of Notary Public)