Resolution 2014-186 RESOLUTION 1 8 6 NO. 2014- 8 6
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION 2008-
331, RELATING TO THE STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "CLH SSA 14"; APPROVING THE
EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2017 IN
THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
AND THE ESCROW AGREEMENT FOR CLH SSA 14.
WHEREAS, on November 18, 2008, the Board of County Commissioners created a
Stewardship Sending Area with a designation of"CLH SSA 14" and entered into a Stewardship
Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement
with Collier Land Holdings, Ltd.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-199, the Board of County
Commissioners approved the extension of certain dates to November 18, 2014 in the
Stewardship Sending Area Credit Agreement and the Escrow Agreement for CLH SSA 14; and
WHEREAS, Collier Land Holdings, Ltd., represented by Richard Yovanovich, Esquire
of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to
November 18, 2017 in the Stewardship Sending Area Credit Agreement for CLH SSA 14 and the
Escrow Agreement for CLH SSA 14; and
WHEREAS, the Board of County Commissioners agrees to the requested extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The second amendment to the Stewardship Credit Agreement for CLH SSA 14,
attached hereto as Exhibit 1, is hereby approved.
2. The second amendment to the Escrow Agreement for CLH SSA 14, attached hereto
as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this &- day of
�C ,n'1 Ise r' , 2014.
ATTEST: BOARD OF A UNT 4 COMMISSIONERS
DWIGHT E. BROC , CLERK COLLIER y NT / FLORIDA
v�U1, B :
Attest Deputy Clerk
n s TOM H' IN , Chairman
`signature only,
7/10/14 1 of 2
Approved as to form and legality:
pi" )- -4) P((-
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 — Second Amendment to Stewardship Credit Agreement for CLH SSA14
Exhibit 2 — Second Amendment to Escrow Agreement for CLH SSA 14
C P\14-CM P-00930\7
7/10/14 2 of 2
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Exhibit 1
SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH SSA 14)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AG1 EEMENT hereinafter referred to as the "Amendment") is made and entered into this
3'C day of _ ' 7, 2014, by and between COLLIER COUNTY, a political
subdivision of t e tate of Florida, hereinafter referred to as "County" whose mailing address
is the Harmon Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112, and
COLLIER LAND HOLDINGS, LTD., a Florida Limited Partnership ("CLH") hereinafter
individually and jointly referred to as "Owner", whose mailing addresses are 2550 Goodlette
Road North, Suite 100, Naples, Florida 34103, for the purpose of extending certain dates.
WITNESSETH:
WHEREAS, Owner submitted, and the County reviewed, a SSA Designation
Application filed with the County on May 27, 2008 for the CLH SSA 14 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement ("CDC SSA 14") on November 18, 2008 ("Agreement"); and
WHEREAS, on September 10, 2013, the County approved an amendment to the
Agreement to extend certain dates by one year; and
WHEREAS, due to the change in economic conditions in the State of Florida the
review and approval of the Town of Big Cypress SRA has been delayed and the parties wish
to amend the Agreement to extend certain dates.
NOW THEREFORE in consideration of the above premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in
further consideration of the mutual covenants contained herein, the parties agree as follows:
1. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CLH SSA 14) is
amended to read as follows:
Restriction on Land Use Amendments.
Upon designation of the land described in Exhibit "A" as an SSA, the Owner shall
not seek or request, and the County shall not grant nor approve, any increase in
the density or any additional uses beyond those specified in this Agreement. Six
hundred sixty five and two tenths (665.2) acres of the lands subject to this
Agreement are within a Habitat Stewardship Area (HSA) and one thousand forty
eight and two tenths (1,048.2) acres of the lands subject to this Agreement are
within a Flow Way Stewardship Area (FSA) and one tenth (0.1) acres of Water
Retention Area (WRA) depicted on the RLSA Overlay Map, officially entitled
"Collier County Rural and Agricultural Area Assessment Stewardship Overlay
1
Words underlined are added and words struck through are deleted.
Map". Upon designation of these lands as an SSA, the Owner shall neither seek
nor request, and the County shall not in violation of Sections 4.08.06 A.2. and 3.,
thereafter grant or approve any expansion or conversion of agricultural land uses.
Notwithstanding any condition herein to the contrary, this Agreement and the
Stewardship Easement shall terminate on November 2.14 November 18, 2017
unless the CLH SSA 14 Stewardship Credits have been exchanged for the Town
of Big Cypress SRA, and the Town of Big Cypress SRA has received all
necessary final and non-appealable local, state and federal permits other than a
plat, site development plan or building permit necessary to commence
construction of the Town. All affirmative obligations and negative covenants
contained in this Agreement and the Stewardship Easement shall be null and void
upon such termination without further action from the parties hereto. Upon such
termination the land shall revert to its underlying zoning classification as of the
date of this Agreement, free and clear of any encumbrance from the Stewardship
Easement. If requested by the Owner, Collier County shall provide a written
release and termination of this Agreement and the Stewardship Easement for
recording in the public records within fifteen (15) days of the request from the
owner. Collier County shall update the overlay map to reflect the termination of
CLH SSA 14 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers or representatives and their official seals hereto
affixed the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
kB • in ����
Dep ty,Cler�C-. TO HENNING, i airman
Attest as to Oman$
SI(1fl tttr.^. ,t,, A,' .
Appr ved as to form and legality:
,olv A- Cliv ‘A°4-'
Heidi Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words struck--through are deleted.
WITNESS: COLLIER LAND HOLDINGS, LTD.,
j
A Florida Limited Partnership
c(,(...edee_ie..e.c.:zei,,,.4,44_,
By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
it's Genera Partner
,�
(Print full name) ) By: 1��.., �
� J/ ) Printed Name: 6-1"L C`� t` Title: Y
(Signature)
�)
(/.. -, ;/ C°-CCC rr c ()
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before,me this
o25-14`tlay of Z-13`sk, , 2014, by fa-4'r:c-1L.L. Llt+-eras \►c.-e._ - es t A.ekof
Collier Enterprises, Inc,3general partner of Collier Land Holdings, Ltd., said person being persnnally ,
known to me or produced as identification.DEBORAH A.* „ rvncotlssloNl«�Baas2s Notary Public
" EXPIRES:October 18,2016 Printed Name/ei oo-r a.-1, r au..)".-
wig f Bonded Thru Notary Public Ufdervttars
CP: 14-CMP-00930\9
3
Words underlined are added and words struck-through-are deleted.
Exhibit 2
SECOND AMENDMENT TO
ESCROW AGREEMENT
(CLH SSA 14)
This AMENDMENT TO ESCROW AGREEMENT is made as of the c day of
.1-11yL47 , 2014 by and between COLLIER COUNTY, a political subdivision of the
State of Florida ("County"), COLLIER LAND HOLDINGS, LTD., a Florida limited partnership
("CLH") and COLEMAN, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent"), as
Successor to Goodlette, Coleman, Johnson, Yovanovich& Koester, P.A.
RECITALS
WHEREAS, Collier County, Collier Land Holdings, Ltd. and Goodlette, Coleman,
Johnson, Yovanovich& Koester, P.A. entered into an Escrow Agreement on November 18, 2008
pertaining to the Stewardship Sending Area designated as CLH SSA 14; and
WHEREAS, Coleman, Yovanovich & Koester, P.A. is the successor in interest to
Goodlette, Coleman, Johnson, Yovanovich& Koester, P.A.; and
WHEREAS, on September 13, 2013, the County approved an amendment to the
agreement to extend certain dates by one year; and
WHEREAS, due to the change in economic conditions in the State of Florida the Town
of Big Cypress SRA has been delayed and the parties wish to amend the Escrow Agreement
dated November 18, 2008 to extend certain dates.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Paragraph 3 of the Escrow Agreement is amended to read as follows:
3. The Escrow Agent shall deliver the original Documents to the County
for recording in the public records of Collier County upon presentment of the
following by CLH:
a. An approved SRA for the Town of Big Cypress which requires the
exchange of Stewardship Credits from CLH SSA 14 for the
additional residential and non-residential entitlements; and
b. All necessary final and non-appealable development orders,
permits, or other discretionary approvals necessary to construct the
Town of Big Cypress consistent with the provisions of Section
1
Words underlined are added and words strusk-thfoughare deleted.
b. All necessary final and non-appealable development orders,
permits, or other discretionary approvals necessary to construct the
Town of Big Cypress consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code; and
In the event the approvals referenced above in the recitals are not delivered to the
Escrow Agent on or before November 18, 2011 November 18, 2017, this Escrow
Agreement shall terminate and the original Documents shall be returned to CLH
and CDC. If a challenge and/or appeal of a necessary development order, permit
or other discretionary approval are filed, CLH, CDC and County may elect to
extend the Escrow Agreement by written agreement until the challenge or appeal
is finally resolved. If the challenge or appeal is not resolved such that the
construction may commence under terms acceptable to CLH and CDC, CLH and
CDC may within 180 days of the final disposition of the challenge or appeal
terminate this Escrow Agreement.
3. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in
full force and affect.
4. Executed counter-part copies of the original of this document shall be treated as if the
originals were so executed and shall bind the executing party and shall have the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment Escrow
Agreement by their duly authorized officers or representatives and their official seals hereto
affixed the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
flot `0` .'-
Deputy Clerk TO H IN I airman
Attest as to Chairman's
signature only.
Approved as to form and legality:
Otv
CA)
Heidi Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words struck throe are deleted.
WITNESS: COLLIER LAND HOLDINGS, LTD.,
A Florida Limited Partnership
By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
it/6 Gener 1 Pfftner
�'FI¢Tl/d.E l 1-,
(Print full name) By:
/ Printed Name: ��
Gz i C`� ZC-� Title: \f►e� r�a��
(Signature)
Li�'r�G 1 4cri /i
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit A Jreement was executed before
me this c1 +t%day of 3—w1 , 2014, by {rrek 1... 1,114er , as
V'Ce ' res1.eJ- of Collier Ent4prises, Inc. general partner of Collier Land Holdings,
Ltd., skid person being personally known to me or produced as
identification.
( ew -
;; ;; DE BROWN Nota y Public nn
+. �•� ,
MY Printed Name: �O,r�lti l:� rO'�'�
�•��� � EXPIRES:October 16,2016
Rf d:�'� Bonded Thu Notary Pubic Undenvdtera
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
—t.
By: Richard . Yovan vich, Esq.
Its: 11 Vr tAir
Date: t,13-1 19
C P1 I 4-C M I'-0093 0\10
3
Words underlined are added and words struck ough-are deleted.
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Credits designated for
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SSA 15
SSA 12
A; W 1 SSA 10
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Credits designated for
;I Florida Panther Alico Stewardship
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