Backup Documents 03/10/2015 Item #16A 8 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception
of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to the BCC Office(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Mike Bosi GMD Planning &Zoning mpg 3/11/15
Services Dept.
2. Scott Stone, Assistant County Attorney Collier County Attorney 3/11/2015
Office
3.
4.
5 , Executive Aide to the BCC Office Board of County T
Commissioners cam/ 3‘246
6. Minutes and Records Clerk of Court's Office
3) o11 VLIDPm
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the Executive
Summary. Primary contact information is needed in the event one of the addressees above,including Kristi Bartlett,needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.)
Name of Primary Staff Mike Bosi Phone Number 252-6819
Contact
Agenda Date Item was 3/10/15 Agenda Item Number 16.A.8
Approved by the BCC
Type of Document Resolution,Escrow Agreement, Credit Number of Original 3
Attached Agreement &C)IS— 4.0 Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the BCC office within 24 hours of BCC approval. Some documents
are time sensitive and require forwarding to Tallahassee within a certain time frame or the
BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 3/1'2015 and all changes made during
the meeting have been incorporated in the attached document. The County Y� c t g
Attorney's Office has reviewed the changes,if applicable. .,,
MEMORANDUM 16 A 8
Date: March 23, 2015
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2015-40/SSA 10 w/Escrow Agreement & Credit
Agreement
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A8) adopted by the Board of County Commissioners on Tuesday, March
10, 2015.
The Minutes and Record's Department has held the original for the Board's Official
Record.
If you have any questions feel free to call me at 252-8411.
Thank you.
Attachment
16A8
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 le"day of
V.\ c.\n , 2015.
[15-CMP-00942/1 1 56 1 07/1] 1 of2
2/24/15
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROC , CLERK COLLIER COUNTY, FLORIDA
By: I
A esf aNsVI Tim Nance, Chairman
signature only
Approve as to f and legality:
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
Agenda 3 O
Date I
Date 31 020 I is—
Redd
[15-CMP-00942/1156107/1] 2 oft
2/24/15 Deputy Cie k
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Exhibit A 161t8
SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(BCl/BCP SSA 10)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CRFn'T AGREEMENT
(hereinafter referred to as the"Amendment") is made and entered into as of this ti:P1 day of Marc.4N
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.
WIT NESSETH:
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("BCI/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 BCI/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 (BCl/BCP 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 aix (6) years from its effective date on
March. 10, 2018 unless the BCl/BCP SSA 10 Stewardship Credits have by that date been
Words strueli-thr-ti are deleted and words underlined are added.
1
16A3 A 8
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 commence 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: /
TIM NANCE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, Clerk
S
Attest as to Chairman's ' Deputy Clerk
si nature only.
APPROV re I as to Form and Legality:
Sco4i 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
General Partner
/ /
GC/ By: ♦ // ,
(Si nature) Bradley Boaz, •�ef Fg 1 Officer
J// Authorized Agent •ursuant to
MK Statement of Authority Recorded in
(Print Name) Official Records Book 5108, Page
/�, 2218, Public Records of Collier
a (� �w" County,Florida
(Signature)
01-4.0yiti SW/44-
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this day of dr>i"----•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)
(Signature of Notary yublic—State of FL)
Print Name: �`^`^ `��'�+r►S�—
0‘.‘, vlILKINSO4jiii/
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Witnesses: Barron Collier Partnership,LLLP
By: Barron Collier anage C
General Pa r
Ta,vx,diC- lea., By: L.
(Sign ) Doug as E.Bai •, Sr.Vice President
e� 10a---/ `i jl J
Authorized Ausuant to
1��t7,� Statement of Authority Recorded in
(Print Name) Official Records Book 5108, Page
2218, Public Records of Collier
County,Florida
(Signature)
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this 1,1" . day of ,
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 identification.
(SEAL)
(Signature of notary Public-State of FL)
Print Name: 4 ---ke"'%--‘ L ._\.NK--i v, j
`�ttiliilli14/j
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Words struck thru are deleted and words underlined are added.
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Exhibit B
16A8
SECOND AMENDMENT TO
ESCROW AGREEMENT
(BCE/BCP SSA 10)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the SOP day of
cr\ c c 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, 2945 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.)
[11913-0001/2181308/1]Words struck eugh are deleted and words underlined are added.
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16A8 8
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
By: 6e....
(.,l}J�,}....st oto ,iasq,t}w,,y. , Tim Nance, Chairman
slq ature only.
APPROVED as to Form and Legality:
By \Nr---47 -
Scott A. Stone, Assistant County Attorney
WITNESSES: ESCROW AGENT:
--- . e 62?___66
CHEFFY PASSIDOMO, P.A.
Printed Name:/i/Cn`iZL -. --.1- ),,,,,,,___,4--,,,-,ei_f_i_.-
,L,r,er oma,-.4-- R. Bruce Anderso
Printed Name: DetFA/Ne A.,$k _ Date: /i"& 4v("k /1 0/ 5-
[11913-0001/2181308/1]Words struck through are deleted and words underlined are added.
9
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Witnesses: Barron Collier Partnership, LLLP
By: Baron Collier Management, LLC
General Partner
/62217/2.6'
Q 3 By: ,&41
(Signature) Bradley Boaz, o f F. ancial ficer
Authorized Agent pursuant to Statement
D/,Q,l/ L- L//‘/Vi of Authority recorded in Official Records
(Print Name) Book 5108, Page 2218, Public Records of
Collier County, Florida
Ate•‘ uel 0/111"61
(Signature) J
A-ii(y//a 44 . El iVot-
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this 25 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
tome or who has produced as identification.
[NOTARY SEAL]
(Signature of Notary Public– State of Florida)
Printed Name: -Ir ki
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Witnesses:
Barron Collier Partnership,tnershi LLLP
By: Baron •oilier Management, LLC
Ge' - ',rtn•Zia4-1/e2Y -32€4.4. =
By:
(Signature) I las . :air., . Vice President
Authorized Agent pursuant to Statement
Z/4k h L . V/6il/re/ of Authority recorded in Official Records
(Print Name) Book 5108, Page 2218, Public Records of
Collier County, Florida
(Signature) I, 1
{Qm�la� ' - -1 ems/
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this 26-
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]
(Signature of Notary Public— State of Florida)
Printed Name:
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