Resolution 2015-040 RESOLUTION NO. 2015-4 0
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING RESOLUTION 2009-58, AS AMENDED
BY RESOLUTION 2014-37, RELATING TO THE STEWARDSHIP
SENDING AREA WITH A DESIGNATION AS "BCl/BCP SSA 10";
APPROVING THE EXTENSION OF CERTAIN DATES TO MARCH 10,
2018 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
AND THE ESCROW AGREEMENT FOR BCl/BCP SSA 10.
WHEREAS, on March 10, 2009, the Board of County Commissioners created a
Stewardship Sending Area with a designation of "BCI/BCP SSA 10" and entered into a
Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an
Escrow Agreement with Barron Collier Investments, Ltd. and Barron Collier Partnership LLLP;
and
WHEREAS, Barron Collier Partnership LLLP is successor by merger to Barron Collier
Investments, Ltd. by Articles of Merger recorded on January 6, 2014 in Official Record Book
4998, Page 865, of the Public Records of Collier County, Florida; and
WHEREAS, on February 25, 2014, the Board of County Commissioners adopted
Resolution 2014-37 to approve the extension of certain time frames to March 10, 2015 in the
Stewardship Sending Area Credit Agreement and the Escrow Agreement for BCI/BCP SSA 10;
and
WHEREAS, Barron Collier Partnership LLLP has requested a second extension of
certain time frames to March 10, 2018 in the Stewardship Sending Area Credit Agreement and
the Escrow Agreement for BCI/BCP SSA 10; 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 Sending Area Credit Agreement for
BCI/BCP SSA 10, attached hereto as Exhibit"A", is hereby approved.
2. The Second Amendment to the Escrow Agreement for BCI/BCP SSA 10, attached
hereto as Exhibit`B", is hereby approved.
This Resolution adopted after motion, second and majority vote, this (0i`'day of
, 2015.
[15-CMP-00942/1156107/1] 1 oft
2/24/15
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of
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGIT E. BRO ,`:CLERK COLLIER COUNTY, FLORIDA
7
Y, i i -' By: f 4,a4eGe__.
' eSt a " ?f' , k Tim Nance, Chairman
signatuf6 onf. ; ,i'ka,
Approve as to f and legality:
ka/a4/1s
Scott A. tone
Assistant County Attorney
Attachments:
Exhibit A—Second Amendment to Stewardship Credit Agreement for BCI/BCP SSA 10
Exhibit B — Second Amendment to Escrow Agreement for BCI/BCP SSA 10
[15-CMP-00942/1156107/1] 2 of2
2/24/15
CO
Exhibit A
SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(BCUBCP SSA 10)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CRE»TT AGREEMENT
(hereinafter referred to as the"Amendment") is made and entered into as of this ‘041' day of r1. ,\ ,
2015, 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 BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability
limited partnership, successor by merger to Barron Collier Investments, Ltd., a Florida limited
partnership, by Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in
Official Records Book 4998, Page 865, of the Public Records of Collier County, Florida, hereinafter
referred to as "Owner", whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105,
for the purpose of extending certain dates.
WITNESSETH:
WHEREAS, the Owner and the County reviewed a SSA Designation Application filed with the
County on March 8, 2007, for the BCUBCP SSA 10 land; and
WHEREAS, the County and the Owner entered into a Stewardship Sending Area Credit
Agreement("BCT/BCP SSA 10") on March 10, 2009("Agreement"); and
WHEREAS, on February 25, 2014 the County and the Owner entered into a First Amendment to
Stewardship Sending Area Credit Agreement for BCT/BCP SSA 10; and
WHEREAS, due to the change in economic conditions in the State of Florida, the review and
approval of the 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 (BCTIBCP SSA 10) 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 nor approve, any increase in the
density or any additional uses beyond those specified in this Agreement.Ninety-nine and
eight tenths (99.8%)of the lands subject to this Agreement are within an HSA 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 aixt-(6) years from its effective date on
March 10, 2018 unless the BC1/BCP SSA 10 Stewardship Credits have by that date been
Words struck are deleted and words underlined are added.
1
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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 development plan or
building permit, necessary to continence construction of the 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 BCI/BCP SSA
10 or any SRA.
2. Except as amended herein,the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed 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 COUNTY,FLORIDA
By:
/ e" E _
TIM NANCE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK,'Clerk
.6,,a4A.1/Left
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Attest as to Chairman's Deputy Clerk
signature only.
APPROV D)D as to Form and Legality:
t' Iler
So oft A. Stone., Assistant County
Attorney
Words struck thru are deleted and words underlined are added.
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Witnesses: Barron Collier Partnership,LLLP
By: Barron Collier Management, LLC
12/t-eix.-- 10et----e—L-4-471-2--) General Partner
By: r-c.0-/. .r!/.. ■
(Sp
ature) Bradley Boaz, •�!ief Fr . .1 Officer
i� l 1 ,,// Authorized Agent .ursuant to
meh. kJ 4._ 1K14.740 Statement of Authority Recorded in
(Print dame) Official Records Book 5108, Page
, � 2218, Public Rccords of Collier
�>ti ` County,Florida
(Signature) u
01-- U,,,pc, 4, .S/1-,41A-
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this 3 day of 2--,---, ,
2015, by BRADLEY BOAZ, Chief Financial Officer pursuant to Statement of Authority Recorded in
Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
Management, LLC, General partner of Barron Collier Partnership, LLP, who is personally known to me
or who has produced as identification.
(SEAL) —•- AC--4--+m.. V`-^►
(Signature of Notary Public—State of FL)
�,�tii�00,k iN3ii Print Name: �-' '^ Lam.%�-. S'1-
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Witnesses: Barron Collier Partnership,LLLP
By: Barron Collier anagel = C
General Pa
�Ct /veal By: _
(Sign”e) Doug as E. Bai a, Sr. Vice President
tOd—/ JIAuthorized A•:.t .ursuant to
t 1� Statement of Authority Recorded in
(Print Name) Official Records Book 5108, Page
0/,e,4" 2 2218, Public Records of Collier
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County, Florida
(Signature)
AleoLyA✓ Aa / 4c
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this day of�°"--t'`- ,
2015, by DOUGLAS E. BAIRD, Senior Vice President pursuant to Statement of Authority Recorded in
Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
Management, LLC, General partner of Barron Collier Partnership, LLP, who is personally_known to me
or who has produced as identifcation.
(SEAL) �—'-
(Signature of lI 1ary Public—State of FL)
Print Name: - t. ��\Y-1 �„ j. �•
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Exhibit B
SECOND AMENDMENT TO
ESCROW AGREEMENT
(BCE/BCP SSA 10)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the %U-L day of
.e'\ °s-r\ , 2015, by and between Collier County, a political subdivision of the
State of Florida("County"),BARRON COLLIER PARTNERSHIP,LLLP,a Florida limited
liability limited partnership, successor by merger to Barron Collier Investments, Ltd., a
Florida limited partnership, by Articles of Merger filed December 30, 2013, and recorded
January 6, 2014, in Official Records Book 4998, Page 865, of the Public Records of Collier
County,Florida, (hereinafter"Owner"), and Cheffy Passidomo, P.A., (the "Escrow Agent").
RECITALS
WHEREAS, Collier County, Barron Collier Partnership, LLP, and Barron Collier
Investments, Ltd., and Escrow Agent entered into an Escrow Agreement on March 10, 2009, as
amended by the First Amendment to Escrow Agreement dated February 25, 2014, pertaining to
the Stewardship Sending Area designated as BCI/BCP SSA 10;
WHEREAS, due to the change in economic conditions in the State of Florida the Barron
Collier SRA has been delayed and the parties wish to amend the Escrow Agreement dated March
10, 2009, as amended by the First Amendment to Escrow Agreement dated February 25, 2014,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 Owner:
a. An approved SRA for the Barron Collier SRA which requires the exchange of
Stewardship Credits from BCI/BCP SSA 10 for the additional residential and
non-residential entitlements; and
b. 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
Barron Collier SRA consistent with the provisions of Section 4.08.07 of the
Collier County Land Development Code; and
[11913-0001/2181308/1]Words struck through are deleted and words underlined are added.
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In the event the approvals referenced above in the recitals are not delivered to
the Escrow Agent on or before March 10, 2045 2018, this Escrow Agent
Agreement shall terminate and the original Documents shall be returned to
Owner. If a challenge and/or appeal of 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 March 10, 2009, as amended by
the First Amendment to Escrow Agreement dated February 25, 2014,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 shave the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
(Remainder of Page Intentionally Left Blank.)
[11913-0001/2181308/11 Words are deleted and words underlined are added.
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IN WITNESS WHEREOF, the parties hereto have executed this Second 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
COLLIER COUNT. CLERK OF C RTS
f'(4
By:
Atkt as
30 d i1i;'ii1' Tim Nance, Chairman
s1c naturo only.
APPROVED as to Form and Legality:
B r
Y
Scott A. Stone, Assistant County Attorney
WITNESSES: ESCROW AGENT:
CHEFFY PASSIDOMO, P.A.
Printed Name: 'C Ar lr
"cr A --' R. Bruce Anderso
Printed Name: ;7)6w:iv/Ye .45414_ Date: /177ZAr // 7 C l
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Witnesses: Barron Collier Partnership, LLLP
By: Baron Collier Management, LLC
General Partner
By:
(Signature) Bradley Boaz, of F' ancial —ficer
Authorized Agent pursuant to Statement
Digi L. 1//6ilEdei.
of Authority recorded in Official Records
(Print Name) Book 5108, Page 2218, Public Records of
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Attn 4 (t)
y� Collier County, Florida
(Signature) J
.f(yllf /14 . 011Vit
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this 2! day of February, 2015,
by Bradley Boaz, Chief Financial Officer pursuant to Statement of Authority recorded in Official
. Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
Management, LLC, General Partner of Barron Collier Partnership, LLLP, who is personally known
to me or who has produced as identification.
[NOTARY SEAL]
(Signature of Notary Public—State of Florida)
Printed Name: �Y"��.� kpsi
,�;��tttttttttttyi
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Witnesses: Barron Collier Partnership, LLLP
By: Baro• aollier Management, LLC
Ge r - ':rtn=•
!4. .. _./.�i By: ,B _
AI
(Signature) / I . :la . :air.r. Vice President
l Authorized Agent pursuant to Statement
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L . V/9NZe` of Authority recorded in Official Records
(Print Name) Book 5108, Page 2218, Public Records of
.0(...., Collier County, Florida
(Signature)
/ Ja idet-i elfin
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this S- day of February, 2015,
by Douglas E. Baird, Sr. Vice President pursuant to Statement of Authority recorded in Official
Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
Management, LLC, General Partner of Barron Collier Partnership, LLLP, who is personally known
to me or who has produced as identification.
[NOTARY SEAL] --� k.,--- t,,k —,
(Signature of Notary Public-State of Florida)
Printed Name: Cam'1 Lei t‘� c�,-,�
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