Resolution 1996-043
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MEMORANDUM
DATE:
February 26, 1996
TO:
Sue Filson, Administrative Assistant, Board of County
Commissioners
FROM:
Michael W. Pettit, Assistant County Attorney
r.; 1,1
,
SUBJECT:
Memorandum of Agreement re Fiddler's Creek Community
Development District
On February 6, 1996, the Board voted not to oppose the
establlshment of the Fiddler's Creek Community Development
District but took no action on any proposed resolution. I have
attached the portion of the Minutes that pertains to this item,
12 (C) (2). The Board seemingly took this action with the under-
standing that it would be entering into the attached Memorandum
of Agreement. I have indicated a place for the Chairman to sign.
Please call
this agreement is
fore-one-original
if you have any questions. Please note that
to be recorded in the official records; th6~e-
copy needs to. be returned to this off ice. . : \ \
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.
MWPfgh/997R
AtUchmcnt
cc:
David C. Weigel, County Attorney
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202.1758 -OR: 2153 PG: 0812
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MEMORANDUM OF AGREEMENT BETWEEN 951 LAND
HOLDINGS JOINT VENTURE AND COLLIER COUNTY
INDUCING COLLIER COUNTY TO SUPPORT THE
ESTABLISHMENT OF A COMMUNITY DEVELOPMENT
DISTRICT
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THIS MEMORANDUM OF AGREEMENT ("Agreement) is made and entered
into this
.:.day of-
,"--r 1996, by and between GB100, Inc., a
Florida corporation, and Parcel Z, Inc. I a Florida corporation,
jointly doing business as a Florida general partnership known as
951 Land Holdings Joint Venture ("Joint Venture"), and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
as the
FLORIDA,
Governing Body of Collier county ("County").
R E C I TAL S:
WHEREAS, Joint Venture has petitioned the Florida Land and
Water Adjudicatory Commission to establish a Community Development
District to be known as the Fiddler's Creek Community Development
District (the "CDD") in the unincorporated urban area of Collier
County on a portion of the lands generally des~ribed as:
The land area to be served by the District is located
in Collier County.
The land area is bounded on the
north by U.S. 41 and agricultural land; bounded on
the south by wetland preserved and owned by the State
of Florida; bounded on the west by State Road 951,
residential properties, and recreational properties;
and bounded on the east by agricultural property, and
comprises 1611 acres.
A map showing the location of
OR: 2153 PG: 0813
the land areas to be serviced by the District is
attached as Exhibit "1".
WHEREAS, at the optional public local
February 6, 1996, before the Board of County
1 .)
hearing held
Commissioners,
to
2
on
consider the CDD, the Board of County Commissioners resolved to
support establishment of the CDD upon a showing that the concerns
of the County relative thereto have been satisfactorily addressed
and memorialized by Joint Venture; and
WHEREAS, Joint Venture represents that upon establishment of
the subject CDD, it will be the controlling constituent therein.
NOW THEREFORE,
WIT NEB BET H:
in consideration of the covenants hereinafter
contained the parties agree as follows:
1. The above recitals are true
and
and
correct
are
incorporated in and made a part of this Agreement.
2. Joint Venture as the controlling constituent in the future
CDD, agrees to petition the CDD government as its first substantive
act to enter into an Interlocal Agreement with. Collier County and
the Collier County Water-Sewer District, to:
a. conf irm the Acknowledgments in Exhibit 8 of the
Petition to the Florida Land and Water Adjudicatory
Commission;
b.
specifically
creating the
acknowledge that the special act
Collier County Water-Sewer District
and all amendments
thereto, the
Collier County
Ord i na nce, the
Utilities Standards
and Procedures
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OR: 2153 ,PG; O~14
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Collier County Subdivision Regulations, the Collier
county Building Codes, the collier County Land
Development
Code,
all
as
amended,
and
their
successors in function are llgovernmental, planning,
environmental and land development regulation" and
will be so recognized in light of any future
analysis of section 190.004(3), Florida Statutes;
c. confirm, agree, and acknowledge that all entities
or persons, whether private or public, including
the CDD, shall and will be obligated to convey, ln
accordance with standard County procedures, all
water and sewer facilities
to the County and its
Water-Sewer District without cost to the County or
its
Water-Sewer
District,
and
that
any
such
facilities will not and shall not serve as security
for any form of financing or bond indebtedness;
d. confirm, agree, and acknowledge that the provisions
of Section 190.046, Florida Statutes, will and
shall have no effect concerning the transfer of
water and sewer facilities,
in accordance with
standard County procedures, to the County and its
Water-Sewer District;
e. con firm, agree, and acknowl edge tha t the spec i a 1
act
creating
the
Collier
County
Water-Sewer
District, Collier County Utilities Standards and
Procedures
Ordinance,
Collier
County's
land
development regulations including but not limited
- 1 -
to its Land Development Code, and
OR: 2153 PG: 0815
. 1) C: ..:::
Coll~er ~ounty's
Building
Codes,
all
as
amended,
and
their
s~ccessors and function, will and shall control
development within the CDD in accordance with the
provisions ef Chapter 190; and that the parties
wi 11
and
sha 11
take action to
harmonize
the
statutes
and
regulations
in
a
way
that
~s
advantageous to the concept of providing regional
water,
sewer,
irrigation,
and
storm
water
management
services
and
facilities
by
ColI ier
County or its Water-Sewer District to the land
areas within the jurisdiction of the CDD, including
the ability of the CDD to install and operate
interim
water
and
sewer
treatment
systems,
facilities
and
services
that meet
all
County
standards [or water and sewer infrastructure (see
especially Article III, Chapter 134, Utilities in
the Code of Laws and Ordinances of Collier County,
Flor ida)
water
and
sewer
"trea tm"nt
systems,
facilities and services in the event the County is
unable to provide such systems,
facilities and
services during the interim; and
f. confirm, agree, and acknowledge that if irrigation
or dual water facilities are implemented within the
CDD (i) any such facilities will not and shall not
serve as security for any form of financing or bond
indebtedness; and
( i i)
any such facilities and
- ~ -
OR: 2153 PG: 0816
12 C 2
operation thereof, will and shall be conveyed to
the County or its Water-Sewer District, at the
request of the County, for the nominal considera-
tion of Ten Dollars ($10.00) at such time as the
County embarks upon and gives reasonable notice
that it is willing and able to provide irrigation
services
individual
residential
and
non-
to
residential properties.
3. Joint Venture acknowledges that it will and shall provide
notice of this Agreement and the Inter10cal Agreement
referenced herein to its successors, assigns and third
party purchasers or to any parties to which it has agreed
to sell or has sold lands within the boundaries of the
proposed CDD.
Joint Venture further acknowledges that
this Agreement is intended to be and shall be binding
upon said successors, assigns and third party purchasers
and shall be recorded in the official records of Collier
County.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the date and year first above written.
WITNESSED:
951 LAND HOLDINGS JOINT VENTURE,
a Florida General Partnership
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By: GB100, Inc. a Florida
Corporation, General Partner
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(Printed name of witness)
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By:
Aubrey J. Ferrao, as
and not individually
President
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(Printed name of witness)
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Memorandum of Agreement was acknowledged before
me this f day of -VII/I,I(lI,!, 1996 by Aubrey J. Ferrao,
personally known to me to be the President of GB100, Inc., General
Partner of 951 Land Holdings Joint Venture, a Florida General
Partnership, on behalf of the Partnership.
I
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WITNESS my hand and official seal this
{,/I'_il!; 1996
- . , .
day of
(affix Notary seal)
)1 l i ,I
Notary Public
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SHEI.LF:Y 1. SCHNEfDP.R.
My Cl1mm Exp. 8-14-98
Bonded r~y Service lnI
no. CUOOJ47
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(Printed Nam~ of Notary)
My Commissions Expires:
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AND
WITNESSED:
By:
Parcel Z, Inc., a Florida
~~eneral Partner
T. Sano, as President
and not individually
)
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By:
(Printed name of witness)
"
(Printed name of witness)
STATE OF NEW YORK
COUNTY OF ).""
The foregoing Memoran~um of Agreement was acknowledged before
me this L/ hI day of -' ' I , , 1996 by T. Sano, personally
known to me to be the President of Parcel Z, Inc., General Partner
of 951 Land Holdings Joint Venture, a Florida General Partnership,
on behalf of the Partnership.
WITNESS my hand and official seal this
'oJ \ I 1996.
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day of
(affix Notary seal)
d .......!/i. .~..-- /'
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Notary Public
(Printed Name of Notary)
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My Commissions Expires:
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DATE:
ATTEST:
owight.E. Brock,
Clerk
By: (:~~/,J~.'~. ,,-,.. ~,//)'~-'~ ~/~ /;
Approved as to form and
legal sufficiency:
,
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Michael W. Pettit
Assistant County Attorney
/9734
*** OR: 2153 PG: 0818 ***
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
COUNTY
By:
Its Chairman
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NAPLES
Exhibit 1
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MARCO ISLAND
LOCA liON MAP
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ADDITIONAL INFORMATION
PERTAINING TO THIS DOCUMENT
CAN BE SEEN ON
MICROFILM IN
THE MINUTES AND RECORDS
DEPARTMENT
FOURTH FLOOR
ADMINISTRATION BUILDING
COLLIER COUNTY
GOVERNMENT CENTER