Resolution 2014-185 RESOLUTION NO. 2014- 1 8 5
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION 2010-29
RELATING TO THE STEWARDSHIP SENDING AREA WITH A
DESIGNATION AS "SUNNILAND FAMILY SSA 12";
APPROVING THE EXTENSION OF CERTAIN DATES TO
FEBRUARY 9, 2018 IN THE STEWARDSHIP SENDING AREA
CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR
SUNNILAND FAMILY SSA 12.
WHEREAS, on February 9, 2010, the Board of County Commissioners created a
Stewardship Sending Area with a designation of"Sunniland Family SSA 12" and entered into a
Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an
Escrow Agreement with Sunniland Family Limited Partnership; and
WHEREAS, Sunniland Family Limited Partnership, represented by Clay Brooker,
Esquire of Cheffy, Passidomo, PA, has requested an extension to certain time frames to February
9, 2018 in the Stewardship Sending Area Credit Agreement for Sunniland Family SSA 12 and
the Escrow Agreement for Sunniland Family SSA 12; 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 first amendment to the Stewardship Credit Agreement for Sunniland Family
SSA 12, attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for Sunniland Family SSA 12,
attached hereto as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this c :3r`day of
D.p4-c(Y) Dt , 2014.
ATTEST: ' BOARD OF . OUN Y COMMISSIONERS
DWIGHT E. B CK, CLERK COLLIE •UNT J, FLORIDA
6,2Lum,. : _
Datuty.Clerk ATOM ',NNIN Chairman
Attest as to G"talr Ian's
tigrrt"r,
[14-CMP-00929/1 109693/1] 32—Rev. 8/14/14 I of 2
SSA Extension—Sunniland Family
CP
Approved as to form and legality:
biLtoti ao z-
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 —First Amendment to Stewardship Credit Agreement for Sunniland Family SSA 12
Exhibit 2— First Amendment to Escrow Agreement for Sunniland Family SSA 12
[l 4-C M P-00929/1 109693/1] 32—Rev. 8/14/14 2 of 2
SSA Extension—Sunniland Family
CP
EX[II33IT 1.
FIRST AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(Sunniland Family SSA 12)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this 23rd
day of September, 2014, by and between COLLIER COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon
Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112, and Sunniland Family
Limited Partnership, a Florida limited partnership, hereinafter referred to as "Owner," whose
mailing address is P.O. Box 930, Immokalee, Florida 34143-930, for the purpose of extending
certain dates.
WITNESSETH:
WHEREAS, Owner submitted, and the County reviewed, a SSA Designation
Application filed with the County on April 10, 2008, for the Sunniland Family SSA 12 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement (Sunniland Family SSA 12) on February 9, 2010 ("Agreement"); and
WHEREAS, due to the change in economic conditions in the State of Florida, the
submittal, review and approval of the Alico 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 Agreement is amended to read as follows:
8. 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 or approve, any increase in the density
or any additional uses beyond those specifically authorized in this Agreement. Ninety-
eight and five-tenths percent (98.5%) of the lands subject to this Agreement are within an
HSA or FSA as depicted on the RLSA Overlay Map, officially entitled "Collier County
Rural and Agricultural Area Assessment Stewardship Overlay 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 uses. Notwithstanding any condition herein to the contrary,
this Agreement and the Stewardship Easement shall terminate five (5) eight (8) years
from its effective date unless the Sunniland Family SSA 12 Stewardship Credits have by
that date been exchanged for entitlement of an SRA, and the SRA has received all
necessary final and non-appealable local, state and federal permits other than a plat, site
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development plan or building permit, necessary to commence construction of the SRA, or
the Owner has decided to record the Stewardship Easement without the approval of an
SRA. 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
Sunniland Family SSA 12 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
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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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT FLORIDA
By. ,, .
TO• HENN G, CH• 'MAN
ATTEST:
DWIGHT E. BROCK, Clerk
);:r 2
i
Signed,sealed and delivered in SUNNILAND FAMILY LIMITED
the presence of: PARTNERSHIP,a Florida limited partnership
J
/ i �' By: SUNNILAND PARTNERS, LLC, a
L '1 / �`4' Florida limited liability company
Witness: neo,7//c j1cc .
Its: General Partner
(7-X1 75.-Z--- li - (4% ,
Witness: CuiY C, Seto K.Ett By: ? k c /j1/:
Aliese P. Priddy, its Managing Mem e
STATE OF FLORIDA
COUNTY OF COLLIER
ill
The foregoing instrument was acknowledged before me this4 day of ri -t'/+ ,2014
by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company,
general partner of 5 .•• -. • ited Partnership, a Florida limited partnership, on behalf of the
company, who is.: sonally known to m- .r who has produced
as identification.
. /...42.7_,e, I
0 RENEE RICCI
MY COMMISSION/FF147317 Notary Public
EXPIRES:Most 03.201$
Print
My Commission Expires:
[6292-12999/1184553/1]
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CI-N.)
EXHIBIT 2
FIRST AMENDMENT TO
ESCROW AGREEMENT
(Sunniland Family SSA 12)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the 23rd day of September,
2014, by and between Collier County, a political subdivision of the State of Florida ("County"),
Sunniland Family Limited Partnership, a Florida limited partnership ("Owner"), and Cheffy
Passidomo,P.A.,(the"Escrow Agent").
RECITALS
WHEREAS, County, Owner and Escrow Agent entered into an Escrow Agreement on February
9, 2010, pertaining to the Stewardship Sending Area designated as Sunniland Family SSA 12; and
WHEREAS, due to the change in economic conditions in the State of Florida,the Alico SRA has
been delayed and the parties wish to amend the Escrow Agreement dated February 9, 2010 as set forth
below.
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 pressmen the occurrence of either of the two events, a or b,
below:
a. The Owner presents to the Escrow Agent and the County evidence of the following by
Owner:
i. a An approved SRA for the Alico SRA Land which requires the exchange of
Stewardship Credits from Sunniland Family SSA 12 for the additional residential
and non-residential entitlements; and
ii. 1),All necessary final and non-appealable local, state;and federal permits other
than a plat, site development plan or building permit, necessary to construct the
Alico SRA Land consistent with the provisions of Section 4.08.07 of the Collier
County Land Development Code.
b. The Owner notifies the Escrow Agent and the County of its decision and consent to
record the Stewardship Easement without the approval of an SRA.
[6292-12999/1184554/1] Words are deleted and words underlined are added.
411
.
In the event neither of the approvals ref renced above •• - . - • - ,
-Escrow-Agent two events occur on or before February 9,20-14 2018, this Escrow Agreement shall
terminate and the original Documents shall be returned to Owner. If a challenge and/or appeal of
a necessary development order, permit or other discretionary approval is filed, Owner 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 Owner, Owner 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 February 9, 2010 remains in full force and
effect.
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.
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[6292-12999/1 184554/1] Words t,truck thru are deleted and words underlined are added.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to 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
COLLIER COUNTY, FLORIDA
CO R COUN ,CLERK OF C URTS
B , l
Attest-60-
Aputy Clerk TOM HENNING,CH AN
APPROVED as to Form and Legality:
By: ad, ()3
Heidi Ashton-Cicko
Managing Assistant County Attorney
WITH SES: ESCROW AGENT:
�� CHEFFY PASSIDOMO, P.A.
Witness: _p{ti ,,x A j)(...-
Clay C. Broker, Partner
Witness: "t")P* /,c r , Date: /o-
[6292-12999/1184554/1l
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SUNNILAND FAMILY LIMITED
PARTNERSHIP,a Florida limited partnership
By: SUNNILAND PARTNERS, LLC, a
Florida limited liability company
Its: General Partner
/ 1
Y
Aliese P. Priddy, its Managing Mem'er
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this(? 11 day of � , 2014
by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company,
general partner of J'' : . • • .•• ited Partnership, a Florida limited partnership, on behalf of the
company, who is 1 ersonally known to me o who has produced
as identification.
. t____
RENEE RICCI �'
MY COMMISSION 8 FF147347 otary Public
EXPIRES:August 03,2018
Print
My Commission Expires:
16292-12999/I184554/11
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