Orange Tree Utility Agreement Amendment
,
2056532 OR: 2183 PG: 1517
OCOUID 11 0l1Ie11l DCOUI .f COLLID _ IL
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1UIB)IIlllllIIT TO AGU...IIT
THIS AGREEMENT is made and entered into this
~
day of
'4/ ,d./
,
tru8~8 by
.'
1996, by and between David Friedman as successor
v irtue of the land trust agreement. recorded at O. R.
Book 1147, Page 2331, the resignation recorded at O.R. Book 1655,
Page 918, and the quit-claim deed recorded at O. R. Book 1787.
Page 1760, all of the public records of collier County, Florida,
for Orangetree Associates (ASSOCIATES) and Orangetree Utility
Company (UTILITY) and the Board of County Commissioners of
collier county and as ex-officio the governing Board of the
Collier County Water-Sewer oistrict (COUNTY).
RECITALS
WHEREAS, for the purpose of this Agreement, the term
"AS.OCIAT.." represents and warrants that it is an owner and
developer of a portion of the property in the orangetree PUD as
approved by Collier County Ordinance No. 87-13; and the term
"UTILI'fY" is a Florida corporation that is licensed to provide
water and sewer service to the property owned by A880CIATBS; and
the term "COUNTY" is the Board of County Commissioners of collier
County and as ex-officio the governing Board of the Collier
County Water-Sewer District: and
WHEREAS, OTILITY and OQUHTY are subject to that certain
agreement dated May 28, 1991 and recorded in O.R. Book 1623, Page
1539 ot the Public Records of collier County, as well as Collier
County Ordinances Nos. 87-13 and 91-43: and
OR: 2183 PG: 1518
WHEREAS, UTILITY and COUNTY desire to hereby modify and
adjust their rights, obligations and responsibilities under the
above mentioned agreements and ordinances by extending the time
tor UTILITY to operate a wastewater treatment and disposal
facility and a water treatment and transmission facility tor the
orangetree planned unit devrlopment; and
WHEREAS, COUNTY, UTILITY and ASSOCIATBS acknowledge that it
will be necessary for UTILITY to expend substantial sums of money
t,o upgrade and provide wastewater treatment, disposal, water
treatment and transmission services to the orangetree PUD and
that it is fair and prudent to allow UTILITY to reCover costs for
capital expansion.
WHEREAS, ASSOCIATES is continuing with its plan of
development for the Orangetree PUD and UTILITY is continuin~ to
provide utility services for the benefit of the residents of
Collier county.
WITNESS~
NOW THEREFORE, the parties aqree as tallows:
1. The above recitals are true and correct.
2. The Agreement between the parties dated Hay 28, 1991
is hereby reaffirmed in all r~spects except as hereby amended:
"14. ". FORBEARANCE BY COUNTY. At the
request of the Developer the County hereby
agrees and covenants to forbear making any
formal request to serve the Project with
water or sewer related utilities, either
through assuming the operation of the
OR: 2183 PG: 1519
on-site
facilities
causing
the
or
by
connection
county's
off-site
to
the
facilities until at least 2011, being a
minimum of 15 years from the date of the
execution of this Amendment.
Thereafter,
the County shall give one year's notice to
the Developer of its formal request to
provide or assume utilities serlices to the
Project.
). UTILITY'S operation of the wastewater treatment,
disposal facility, the water treatment and transmission facility
shall be in conformity with the rules and regulations of the
appropriate governmental agencies with jurisdiction.
4. The Agreement between the parties dated May 28, 1991, is
hereby reaffirmed to the extent that it does not confl ict with
this Amendment.
5. This Agreement shall not inhibit ASSOCIATES' right to
form or initiete a Community Development District as authorized
by the Florida stetutes.
6. This Amendment shall be recorded in the Public Records
of Collier County.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement this ~ day af ',,// ~. I'
1996.
ATTEST'
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS
GOVERNING BODY OF THE COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SE~.DISTRICT
/~/'
BY ''--'' ,...-r t" - ' 0fi--r-;,c~---
-JOHN C. NORRIS, CHAIRMAN
~' .
, '.;.;E''/MM __ &
411 E. BROCJ(, 9ItRit
"
*** OR: 2183 PG: 1520 ***
Approved as to form and
legal sufficiency:
T1!.AAJ;:1 ~lm~---:
As.istant County Attorney
, Jvl'iA I
~/
("()/1 n I ~ l'cJ'--
Pri~i1;;ie ~. .
-1S~~ 1_ ~()S_.\...l""'-
witn...
R\.J"~ lAC:\:~R
print Name
orangetree utility Company,
a Florida corporation.
By:
/
/
-_...!-...:.-
Print Name , Title
i 'I ~It .: x (
witnsss .
< '.
tor
. ~ ,,-:' /,"
print Name
I",
..i
Print Name , Title
STATE Of' f'LORIDA
COUNTY Of' COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the state aforesaid and in t~ c;ounty ~oresaid to
take acknowledgments, personally appeared ~"bft \1. 'l;""",,' l' ~
of orange tree utility Company known to me to be the person
described in and who executed the foregoing AMENDMENT TO
AGREEMENT and acknowledqed before me that he/she executed the
sa.e.
WITNESS my hand and official ~~eal in the
last do aiaARthis 1';'" day- off 'I ~ \
{rlEJ;?A.,~N I
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7;( oY if I ~jo. CCi7I133 I
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_ ..".......".,~J~ lt~lO'
STATE Of' FLORIDA
COUNTY OF COLLIER
c9unty and state
0' 1996.
I, ) )~__
tate of Florida
I HEREBY CERTH'Y that on this day before me, an officer duly
authorized in the state aforesaid and in the county aforesaid to
take acknowledgments, personally appeared David Friedman, a~
Truat.. tor orangetree Associates, known to me to be the person
described in and who executed the foregoing AMENDMENT TO
AGREEMENT and acknowledged before me that he/she executed the
.ame.
WITNESS my hand and official seal in the county land state
last aforesaid this _~ day of '0.', r ,1996.
(SEAL)
J ,~(<, ,. #< ~ ..,A"' t
Notary Public, state of F1orida.
W~-iiO;: -.-
;0 wv aMISlSD' CC42llIM DPIlS
.. NMMlIr It _
~ IIC>>UDTlalIllJll,.........,,1C.