Backup Documents 09/23/2014 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
......Z
Hr t\-(- 9 )23 /I'f
,.)
4. BCC Office Board of County
Commissioners NA I\:75)(S/ 4Z..5\
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5. Minutes and Records Clerk of Court's Office
k See Gitar nria. (0h0(14 l0'S�
PRIMARY CONTACT INFORMATION 0
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the 9
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Mike Bosi Phone Number 239.252. 819
it,
Contact/ Department
Agenda Date Item was 9/23/2014 Agenda Item Number 16.A.8 e
Approved by the BCC /CY
.
Type of Document Resolution Number of Original 1 mso
Attached 0'1.014— 1 e$� Documents Attached Z ESc �Lk's l
PO number or account fi= '- 7 �/
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet.
3. 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 MB
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's MB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on 9-23-14 and all changes made during MB .,
the meeting have been incorporated in the attached document. The County .4,,,,,:i , f
Attorney's Office has reviewed the changes,if applicable. ,
9. Initials of attorney verifying that the attached document is the version approved by the .:,
BCC, all changes directed by the BCC have been made, and the document is ready for th (ii-( ,, s i s i
Chairman's signature. f-fl c p Ct!f-Cccku9( it
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1648 8
CHEFFY PASSIDOMO
ATTORNEYS AT LAW
EDWARD K.CHEFFY 821 Fifth Avenue South ANDREW H.REISS
BOARD CERTIFIED CIVIL TRIAL LAWYER p
BOARD CERTIFIED BUSINESS LITIGATION LAWYER Naples,Florida 34102 BOARD CERTIFIED BUSINESS LI WILLIAM J.DEMPSETIGATION LAWYER
JOHN M.PASSIDOMO Telephone:(239)261-9300 BOARD CERTIFIED REAL ESTATE LAWYER
BOARD CERTIFIED REAL ESTATE LAWYER wwwnapleslaw.com TAMELA K.EADY
JOHN D.KEHOE BOARD CERTIFIED REAL ESTATE LAWYER
BOARD CERTIFIED CIVIL TRIAL LAWYER MICHAEL W.PETTIT
LOUIS D.D'AGOSTINO
BOARD CERTIFIED APPELLATE PRACTICE LAWYER NICHOLAS P.MIZELL
DAVID A.ZULIAN BRIAN D.ORSBORN
BOARD CERTIFIED CONSTRUCTION LAWYER BRIAN J.THANASIU
CLAY C.BROOKER
BOARD CERTIFIED CITY,COUNTY AND OF COUNSEL:
LOCAL GOVERNMENT LAWYER GEORGE L.VARNADOE
October 6, 2014
HAND-DELIVERED
Heidi Ashton-Cicko, Esq.
Managing Assistant County Attorney
Collier County Growth Mgmt Division
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Sunniland Family SSA 12 Extension Application — PL20140001602/Petition #SSA#12
Dear Heidi:
As we have discussed, enclosed are two sets of "new" originals of the credit agreement and the
escrow agreement. Per your instruction, the documents contain the date of the approval by the Board of
County Commissioners, even though I and my client signed the documents today. Please secure the
signature of the Chairman of the Board on both sets and return one fully-executed original set to me, as
required by the escrow agreement. Thank you.
Sincerely,
Clay C. Brooker
Cheffy Passidomo, P.A.
Enclosures
cc: Client (via email, w/o enc)
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MEMORANDUM
Date: October 10, 2014
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2014-185/SSA 12 w/Exhibits
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A8) adopted by the Board of County Commissioners on Tuesday,
September 23, 2014.
The Minutes and Record's Department has held the original copy for the Board's
Official Record.
If you have any questions feel free to call me at 252-8411.
Thank you.
Attachment
1
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County of Collier
CLERK OF THE CRCL` IT COURT
COLLIER COUNTYSOURTHOUSE
3315 TAMIAMI TRL E STE 102 Dwight E. Brock-dkerk of Circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor ustgd1ian of County Funds
October 10, 2014
Clay C. Brooker
Cheffy Passidomo, P.A.
821 Fifth Avenue South
Naples, FL 34102
Mr. Brooker,
Attached is a certified copy of Resolution 2014-185 and an original credit
agreement and escrow agreement, per your request. This item was adopted by the
Board of County Commissioners on Tuesday, September 23, 2014, Item #16A8.
If you have any questions, please feel free to contact me at 239-252-8411.
Thank you,
Teresa Cannon, Senior Deputy Clerk
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
16 ,48
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 a3 day of
p4-tn'16C,K , 2014.
ATTEST: ^n^ BOARD OF . OUN Y COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIE ', FLORIDA
D ".utyClerk "TOM NN1N∎ -Chairman
Attest as to at+ an'su�: ...::,,.
r: da
Date -IL
[14-CMP-00929/1109693/1]32—Rev. 8/14/14 1 of 2 � I �O 11�
SSA Extension—Sunniland Family Itoe
OLt. F GP
l6A8
Approved as to form and legality:
/ iLoL( A- C1(0 o fvf-vk
lij
Heidi Ashton-Cicko q1
Managing Assistant County Attorney
Attachments:
Exhibit 1 —First Amendment to Stewardship Credit Agreement for Sunniland Family SSA12
Exhibit 2—First Amendment to Escrow Agreement for Sunniland Family SSA 12
II
[14-CMP-00929/1109693/1] 32—Rev. 8/14/14 2 of 2
SSA Extension—Sunniland Family
CP
=BIT 1
16A8
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
[6292-12999/1184553/1]
Words struck are deleted and words underlined are added.
Page 1
16A8
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.
{Remainder of Page intentionally Left Blank}
[6292-12999/1184553/1]
Words struck thrru are deleted and words underlined are added.
Page 2
CA
16A8
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. 6\ A
TO HENN G,CH ' AN
ATTEST:
DWIGHT E. $,ROCK, Clerk
7,r asst as to Chairman's ,Deputy Clerk
''signaturvbnfy
APPROVED as`to Form and Legality:
' A 06)
eidi Ashton-Cicko
Managing Assistant County Attorney
[6292-12999/1184553/1]
Page 3
cA
. . . ., - 1648
Signed,sealed and delivered in SUNNILAND FAMILY LIMITED
the presence of: PARTNERSHIP,a Florida limited partnership
By: SUNNILAND PARTNERS, LLC, a
L/ '' �' Florida limited liability company
Witness: pc6=-.7.7e A-J4,ie.—
Its: General Partner
•
---X// aZ---- -Witness: clA Y e. 8 e oa KEr- By: ' �/ /A f 1 �i,
Aliese P.Priddy,its Managing Mem I
STATE OF FLORIDA
COUNTY OF COLLIER �f
The foregoing instrument was acknowledged before me this day of ��,C/ ,2014
by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company,
general partner of . .. -..• •I ited Partnership, a Florida limited partnership, on behalf of the
company,who is p=,sonally known to m- .r who has produced
as identification.
4., _/....4_ .
''""" RENEE MCCI
MY COMMISSION FF147347 Notary Public
EXPIRES:August 03,2018
GFP•
Print
My Commission Expires:
[6292-12999/1184553/1]
Page 4
0
rIISIT 2
FIRST AMENDMENT TO 16 A 8
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 presentment 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:
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. 13,All necessary final and non-appealable local, states 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 struck thru are deleted and words underlined are added.
CP
l6A8
In the event neither of the approvals referenced above in this section are not delivered to the
Escrow Agent two events occur on or before February 9,2044 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.
{Remainder of Page Intentionally Left Blank}
[6292-12999/1184554/1] Words struck thru are deleted and words underlined are added.
0
16A8
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
r COLLIER COUNTY,FLORIDA
CO . R COUN ;CLERK OF C URTS
• B /
afi'sputy Clerk TOM HENNING, CH j' AN
APPROVED as to Form and Legality:
By: 9SLC/1/ 7"--
Heidi Ashton-Cicko
Managing Assistant County Attorney
WITN SES: ESCROW AGENT:
CHEFFY PASSIDOMO, P.A.
Witness: X,
dz-
Clay C. Brooker,Partner
Witness: Xeciee. c 1 Date: /(2-
[6292-12999/1184554/1]
3
GQ`
. 1648
SUNNILAND FAMILY LIMITED
PARTNERSHIP,a Florida limited partnership
By: SUNNILAND PARTNERS, LLC, a
Florida limited liability company
Its: General Partner
By: i / /41(1°Vjilf
Aliese P.Priddy, its Managing Mem Fer
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this Ii day of ��� , 2014
by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company,
general partner of J • . •. . • , 1 ited Partnership, a Florida limited partnership, on behalf of the
company,who is personally known to me o who has produced
as identification.
y
e ' RENEE RICCI � — X
MY COMMISSION 4 FF147347 otary Public
`44......... . EXPIRES:August 03,2018
Print
My Commission Expires:
[6292-12999/1184554/1]
4
450
Patricia L. Morgan
16 A 8
From: Durham, Tim
Sent: Tuesday, September 23, 2014 4:06 PM
To: Patricia L. Morgan
Subject: BCC 09.23.2014 Items 16A8, 16A9, 16A10 and 16A11
Attachments: SSA Location Map.pdf
Hi Trish.
The attached exhibit follows each of the resolutions on the above-referenced items.
That's all I have!
I can't believe it.
Thanks,
��
�4/m �~/�
Executive Manager of Corporate Business Operations
for Collier County, Florida
Website:www.colliergov.net
E-mail: timdurhom@coUiergovoet
Phone: (239)252-8383
unu* La�mmai|�a�m�sm���|�mc:�s�n�mdo no:want your e address re:eaumumreopnno mapuWeoordytequmy uunmu�x
m|e�mnmirai|m this mndry Instead,contact this office»y telephone ormwilting
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'c°""`y SSA LOCATION MAP w„_)_"�-E
16A8
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Credits designated for
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