Backup Documents 09/23/2014 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
16 A 9
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
k-kI gi2S/jy
4. BCC Office Board of County 'j'r3 b
Commissioners Y N .l G‘,7-S,14�
5. Minutes and Records Clerk of Court's Office `
11 (a-6(1i(
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Mike Bosi Phone Number 239.252.6 9
Contact/ Department
Agenda Date Item was 9/23/2014 ' Agenda Item Number 16.A.9
Approved by the BCC
Type of Document Resolution Number of Original 1 N-e 's
Attached (XO M t b Documents Attached -Ex kS
PO number or account dd:j=e8.344
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 N/A is not
the meeting have been incorporated in the attached document. The County ry$i tion for
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-
Chairman's signature. Map p, (Ku(
I.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05, -vised 2.24.1 ; "evised 11/30/12
16A9
MEMORANDUM
Date: September 29, 2014
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2014-186/SSA 14
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A9) 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
161L9
RESOLUTION NO. 2014- 1 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
Stp-e.rrl , 2014.
ATTEST: BOARD OF $UN COMMISSIONERS
DWIGHT E. BROC , CLERK COLLIER F T / FLORIDA
12QI.Aj1/4 :.:1 y\,��, B : // i
D to. TOM H IN , hairman
Attest as s
-Sianat"re
47,
7/10/14 .f.013‘.3- of 2
Approved as to form and legality: �, 6 A 9
pp 11---(10
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
CP\14-CMP-00930\7
Item#
Agenda
Date
Date
Rdc
Reed
7/10/14 2 of 2 Deputy Clerk
Exhibit 1
SECOND AMENDMENT TO 6 A
STEWARDSHIP SENDING AREA CREDIT AGREEMENT 1 9
(CLH SSA 14)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT hereinafter referred to as the "Amendment") is made and entered into this
(?rd day of �„1 , 2014, by and between COLLIER COUNTY, a political
subdivision of t e State 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.
16A9
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 18, 2014 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 0-0-).%)&441.
B • _ A!■ _ baJ
Dep ty.Clerl,C TO HENNING, airman
Attest as to Chairman s
sinno,r^
•
rr�
�.1
Appr ved as to form and legality:
o/, OfikL-
Heidi Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words;truck through are deleted.
1
16A9
WITNESS: COLLIER LAND HOLDINGS, LTD.,
A Florida Limited Partnership
CerArei-e--seC;e -sea- By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
it's Genera Partner
(Print full name) By: ,,L,. - ,55
Printed Name: wrQ.e__ti I l�lw
Title: \fie.
(Signature)
genc0
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before,me this
o2514`day of iJ , 2014, by 't e.11._L. ut4-eir-as 'ft'
t i€thof
Collier Enterprises, Inc, general partner of Collier Land Holdings, Ltd., said person being_personally
lu L wn to me or produced as identification.
,.a,,, mow k BROWN _—'— G.
DE
MY COMMISSION#EE 843929 Notary Public
- . EXPIRES:October 16,2016 Printed Name
e-or av�
Bonded Tin Notary PUNIC Unden+ntets
CP: 14-CMP-0093019
3
Words underlined are added and words struck--through-are deleted.
ti)
Exhibit 2
SECOND AMENDMENT TO 16 A 9
ESCROW AGREEMENT
(CLH SSA 14)
This AMENDMENT TO ESCROW AGREEMENT is made as of the of
c /1-112-Cr' , 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 struck through are deleted.
6
9
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, 2014 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
/
Ii:cket2,14A3A4MS5r._
•
Deputy Clerk .111 'TO H IN I airman
At: st as to Chairman's
signature only.
Approved as to form and legality:
h, A cJ
Heidi Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words struck through are deleted.
Gd
16A9
WITNESS: COLLIER LAND HOLDINGS, LTD.,
A Florida Limited Partnership
rte, , Pi By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
it Gener,1 P ner Li
(Print full name) By: ' �/A ).4
6?,/te-eWelerettt-,6- Prin ted Name: . .r GV Title: tae
(Signature)
&,-e) (&,-e) ( gccJ
ri_6
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit A 7reement was executed before
me this ars44^-day of 3-w1 , 2014, by *,ek 1, i ll4er , as
N .€ . res,,I ,,.� of Collier Ent -prises, Inc. general partner of Collier Land Holdings,
Ltd., s.id •er o .-•.• • 1011 ._,. . . o me or produced as
identification.
— a•
DEBORAH a BROWN
;; ;: Nota y Public
„ .,s MY COMMISSION t EE 843929
EXPIRES:October 16,rwdt
Printed Name:�e�sre a
cou.r
' Rf;b �rNotay Pubiic On ers
1.110.410~411,
ESCROW AGENT:
COLEMAN, YOVANOVICH &KOESTER, P.A.
--t.A__.A, e--- --- -
By: Richard. Yovangvich, Esq.
Its: 1/'� re-3•Airv)-
Date: 1611119
CPU 4-CMP-00930\10
3
Words underlined are added and words emu#-are deleted.
(6:1)
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SSA15 & SSA16
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Town of Big Cypress
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SSA 12
., q SSA 10
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Credits designated for
Florida Panther Alico Stewardship
National Wildlife Refuge
Receiving Area
S
175 175
-
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f Fakahatchee Strand Miles■
Preserve State Park
--- — U^^MAPPING BETH YANG.AI CP
. — -- D A ATE TE COUNTV GROWTH MANA GEMF 1 DIVISION
EP^_r 14
Patricia ��«»���� w� �� �� ~�
� �� 9
m m
From: Durham, Tim
Sent: Tuesday, September 23, 2014 4:06 PM
To: Patricia L. Morgan
Subject: BCC 09.23.2014 Items I6A8. 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,
�� �� �|���U�
�/mm �� 2/�m�o�� �^���.�
Executive Manager of Corporate Business Operations
for Collier County, Florida
Website:www.colliergov.net
E-mail: timdurham@colliergov.net
Phone: (239)252-8383
un�p/u';:a Law „Autesses 6,e pubic rec<A-ds if you�no°. -:yourm acdress re eased m:es ponse ma pub �icls ao�*�
tt 16A9
SSA LOCATION MAP „4/LE< f 9
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° ! ” Credits designated for f st
milli t ti '� Town of Big Cypress s 'x ,{ s`,r ,4
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lit
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.,mot
,SSA 6t / r •
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rt '
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- *i1 Credits designated for
Florida Panther Alico Stewardship
National Wildlife Rettig(
-i'.. t Receiving Area
I
e j_
j -� t 4 ' 0 1 2 4
,� Fakahatchee Sirmtd . 1 B
- Preserve State Park
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