Agenda 10/10/2017 Item #16A1710/10/2017
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2014-188, relating to the Stewardship
Sending Area with a designation as “CLH and CDC SSA 16”; approving the extension of certain
dates to November 18, 2020 in the Stewardship Sending Area credit agreement for CLH and CDC
SSA 16 and the Escrow agreement for CLH and CDC SSA 16.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution, amending
Resolution 2014-188, which extended Stewardship Sending Area (SSA) 16 conditionally for an additional
three-year period, to allow that conditional period to be extended for an additional three-years to
November 18, 2020. If the extension is denied, SSA 16 will expire on November 18, 2017.
CONSIDERATIONS: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area (RLSA), which has been recognized in Florida, regionally, and nationally for visionary
methodology to preserve environmentally significant land, to protect agricultural land and to d irect
growth to suitable locations. Collier County adopted the RLSA Overlay in the Land Development Code
(LDC) as the implementing regulation for the Growth Management Plan amendments known broadly as
the "Rural/Eastern Lands Amendments" which were developed in response to Administration
Commission Final Order No. AC99-002, which required a, "Rural and Agricultural Assessment" and
subsequent adoption of the Growth Management Plan (GMP) amendment based upon that assessment.
On November 18, 2008, the Board during an advertised public hearing adopted Resolution 2008-330,
which designated 5,259 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "CLH and CDC
SSA 16". Additionally, the Resolution approved a credit agreement for CLH and CDC SSA 16, approved
an easement agreement for CLH and CDC SSA 16, approved an escrow agreement, and established the
number of Stewardship Credits generated by the designation of said Stewardship Sending Area.
LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA application and SSA
Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the
stewardship easement applicable to such lands, shall be provided to the Collier County Property
Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records.
The applicant proposed to hold the easement in escrow and to record the easement when all permits and
authorizations had been obtained for the Town of Rural Lands West SRA, which was to occur by
November 18, 2013, or the SSA Credit Agreement and Stewardship Easement Agreement were to be null
and void.
At the September 10, 2013 Public Hearing, the Board adopted Resolution 2013-201, which extended the
conditional period for SSA 16 an additional year to November 18, 2014. At the September 23, 2014
Public Hearing, the Board adopted Resolution 2014-188, which extended the conditional period for SSA
16 an additional three years to November 18, 2017. The applicant indicates that the creation of the
Stewardship Receiving Area (SRA) for the Town of Rural Lands West (the development that the credits
from SSA 16 have been designated to entitle) has been delayed due to the complexity of the regulatory
regime and the multiple governmental and quasi-governmental actors involved in such approvals. The
attached Resolution would amend the existing credit and escrow agreement to extend the SSA an
additional three-years until November 18, 2020. It should be noted that the Stewardship Receiving Area
(SRA) application for the Town of Rural Lands West is currently an active application within the review
process.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Rural Lands Stewardship Area Overlay in
the Future Land Use Element (FLUE) establishes the process and requirements for establishment of
10/10/2017
SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are designated
as SSAs. This land use and growth management tool is implemented through the Rural Lands
Stewardship Area Zoning Overlay.
SSA 16 is designed to utilize the stewardship credits from this SSA to partially enable the development of
the proposed Town of Rural Lands West SRA. Accordingly, the applicant for SSA 16 had established an
Escrow Agreement which delayed the recordation of the Easement Agreement into public records until
such time that all requirements in the Escrow Agreement and the SRA Credit Agreement provisions of the
LDC were satisfied. The County Attorney required the recording of the notice of restrictions until the
easement is recorded consistent with the intent of the LDC.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The owner will
pay for recording of the Amendment of Land Use Limitations.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is needed
for Board approval. - HFAC
STAFF RECOMMENDATION: To adopt the resolution amending the Escrow agreement and the
Credit agreement for SSA 16, extend the agreement conditionally for an additional three-years, subject to
receipt of the recorded amended notice of restrictions within 30 days of Board approval.
Prepared by: Marcia Kendall, Senior Planner, Zoning Division
ATTACHMENT(S)
1. SSA 16 Resolution initialed - 083017 (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Doc ID: 3653
Item Summary: Recommendation to adopt a Resolution amending Resolution 2014-188, relating
to the Stewardship Sending Area with a designation as “CLH and CDC SSA 16”; approving the extension
of certain dates to November 18, 2020 in the Stewardship Sending Area credit agreement for CLH and
CDC SSA 16 and the Escrow agreement for CLH and CDC SSA 16.
Meeting Date: 10/10/2017
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
09/06/2017 10:01 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
09/06/2017 10:01 AM
Approved By:
Review:
Zoning Michael Bosi Additional Reviewer Completed 09/06/2017 10:15 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/19/2017 2:50 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 09/19/2017 3:36 PM
Growth Management Department Thaddeus Cohen Level 2 Department Head Review Completed 09/19/2017 5:05 PM
Growth Management Department James French Level 2 Deputy Department Head Review Completed 09/25/2017 4:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2017 7:53 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2017 3:42 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:10 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 8:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
RESOLUTION NO. 2017-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
2008-330, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS "CDC SSA 16";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2020 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CDC SSA 16.
WHEREAS, on November 18, 2008, by Resolution No. 2008-330, the Board of County
Commissioners created a Stewardship Sending Area with a designation of "CDC SSA 16" and
entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement
and an Escrow Agreement with CDC Land Investments, Inc.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-201, 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 CDC SSA 16; and
WHEREAS, on September 23, 2014 by Resolution No. 2014-186, the Board of County
Commissioners approved the extension of certain dates to November 18, 2017 in the
Stewardship Sending Area Credit Agreement and Escrow Agreement for CLH SSA 16; and
WHEREAS, Collier Land Investments, Inc., represented by Richard Yovanovich, Esquire
of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to
November 18, 2020 in the Stewardship Sending Area Credit Agreement for CDC SSA 16 and
the Escrow Agreement for CDC SSA 16; 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 third amendment to the Stewardship Credit Agreement for CDC SSA 16,
attached hereto as Exhibit 1, is hereby approved.
2. The third amendment to the Escrow Agreement for CDC SSA 16, attached hereto as
Exhibit 2, is hereby approved.
[I 7 -CMP -00985/1361810/1149 I of 2
SSA 416
8/30/17
This Resolution adopted after motion, second and majority vote, this _ day of
, 2017.
ATTEST:
DWIGHT E. BROCK, CLERK
IIn
Deputy Clerk
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, Chairman
Attachments:
Exhibit 1 — Third Amendment to Stewardship Credit Agreement for CDC SSA 16
Exhibit 2 — Third Amendment to Escrow Agreement for CDC SSA 16
[17 -CMP -00985/1361810/1]49 2 of 2
SSA # 16
8/30/17
THIRD AMENDMENT TO '
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CDC SSA 16)
THIS THIRD AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
day of , 2017, 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 CDC
Land Investments, Inc., a Florida Corporation ("CDC") 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 CDC SSA 16 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement ("CDC SSA 16") on November 18, 2008 ("Agreement'); and
WHEREAS, on September 10, 2013 the County approved the First Amendment to the
Agreement to extend certain dates by one year; and
WHEREAS, on September 23, 2014, the County approved the Second Amendment
to Agreement, which Second Amendment extended the date by which the SSA 16 stewardship
credits must be exchanged for development of the Town of Rural Lands West SRA to
November 18, 2017 ("Deadline").
WHEREAS, due to the complexity of the regulatory regime and the multiple
governmental and quasi -governmental actors involved in such approvals, the Parties desire to
extend the Deadline, as more particularly set forth herein.
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. The above recitals are true and correct and incorporated herein by reference.
2. Any reference in the Agreement to the "Town of Big Cypress" shall be replaced
with the following reference:
"Town of Rural Lands West SRA".
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3. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CDC SSA
16) 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. Two
thousand seven hundred and nine tenths (2,700.9) acres of the lands subject to this
Agreement are within a Habitat Stewardship Area (HSA) and one hundred and
sixty three and six tenths (163.6) acres of the lands subject to this Agreement are
within a Flow Way Stewardship Area (FSA) and eight and seven tenths (8.7)
acres of Water Retention Area (WRA) and three (3.0) acres are designated Open
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 land uses. Notwithstanding
any condition herein to the contrary, this Agreement and the Stewardship
easement shall terminate on November 18, 2020 unless the
CDC SSA 16 Stewardship Credits have been exchanged for the
Cypress 8 Town of Rural Lands West SRA, and the Tewn ef Big Cypress
&RA Town of Rural Lands West 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 CDC 16 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
Signatures appear on the followingpages.
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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 COUNTY, FLORIDA
Penny Taylor, Chairwomen
ATTEST:
DWIGHT E. BROCK, Clerk
APPROVED as to Form and
Legal sufficiency:
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
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WITNESS:
a
(Signature)
(P( r`iint full name)
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
CDC Land Investments, Inc.
a Florida Corporation
BY P2-
It
Printed Name: V "c c v— U Unee-
Title: *Cic- NK'peror
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed
b fore me this low day ofv1e� 2017, by P��- �-- as
,c Qe,—."fit" of CDC Land Investments, Inc., said person being personally know
to me
Notary Pblic
Name: A gti-<- L- - 9t, V -ie'
ot"".2-
Valerie L. Pike
Notary Public • State of Florida
Commission#GG22100
Expires 08/17/2020
Words underlined are added and words stfeek-ttm are deleted (08/28/2017)
THIRD AMENDMENT TO
ESCROW AGREEMENT
(CDC SSA 16)
This THIRD AMENDMENT TO ESCROW AGREEMENT ("Amendment") is made as of
the day of , 2017 by and between Collier County, apolitical subdivision of the
State of Florida ("County"), CDC Land Investments, Inc., a Florida Corporation ("CDC"), and
COLEMAN, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent. The County, CDC, and
Escrow Agent are collectively referred to herein as the "Parties".
RECITALS
WHEREAS, Collier County, CDC and Escrow Agent's Successor entered into an
Escrow Agreement on November 18, 2008, as subsequently amended, pertaining to the Stewardship
Sending Area designated as CDC SSA 16 ("Escrow Agreement"); and
WHEREAS, on September 10, 2013 the County approved the First Amendment to the
Escrow Agreement to extend certain dates by one year; and
WHEREAS, on September 23, 2014, the County approved the Second Amendment to
Escrow Agreement, which Second Amendment extended the date by which CDC must deliver
certain approvals to Escrow Agent to November 18, 2017 ("Deadline"); and
WHEREAS, due to the complexity of the regulatory regime and the multiple
governmental and quasi -governmental actors involved in such approvals, the Parties desire to extend
the Deadline, as more particularly set forth herein.
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. Any reference in the Escrow Agreement to the "Town of Big Cypress" shall be replaced with
the following reference:
"Town of Rural Lands West SRA".
3. 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 CDC:
Words stmele thm are deleted and words added are underlined. (8/28/2017)
a. An approved SRA for the T Town of Rural Lands
West SRA which requires the exchange of Stewardship Credits from
CDC SSA 16 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 T-eyva e
Big r ypr-ess Town of Rural Lands West SRA consistent with the
provisions of Section 4.08.07 of the Collier County Land
Development Code; and
In the event the approvals referenced above are not delivered to the Escrow Agent on
or before Nevember 18, 2017 November 18, 2020, this Escrow Agreement shall
terminate and the original Documents shall be returned to CDC. If a challenge and/or
appeal of a necessary development order, permit or other discretionary approval are
filed, 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
CDC, CDC may within 180 days of the final disposition of the challenge or appeal
terminate this Escrow Agreement.
4. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in full
force and affect.
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.
f Remainder of Page Intentionally Left Blank}
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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:
COLLIER COUNTY CLERK OF COURTS
Dwight E. Brock
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chairwomen
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the followingpages.
Words stmok t are deleted and words added are underlined. (8/28/2017)
WITNESS:
(Signature)
(Print full name)
(Signature)
(Print fall name)STATE OF FLORIDA
COUNTY OF COLLIER
CDC Land Investments, Inc.,
aFlorida o orat'on
sy:
Printed Name:
Title: ' we
The foregoing Escrow Agreement was executed before me this (Aday of wy-*�,
2017, by QA air ac 1 . rc �✓t- , as '� Ze ffter.,owk-- of CDC Land Investments, Inc.,
said person being personally know to me erpra4ee'
O'�Pa 1�� Valerie L. Pike
z ® NotaryPublic- StateofFlorida
Commission #GG 22100
i 9rFOFF'o�\ Expires 08/17/2020
)ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its:
Date:
ocl-�4- (-P —,
Notary Pblic
Name: �A- \.... Y`o6e
Certificate No.
My Commission expires: Q -1-7 - 2_ )2,o
Words stfuek are deleted and words added are underlined. (8/28/2017)