Backup Documents 10/10/2017 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE •L V /i
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
Complete routing lines#1 through#2 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 routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office POA C- 10 ID
4. BCC Office Board of County
Commissioners (, / kia\As
5. Minutes and Records Clerk of Court's Office t°(1.440-
PRIMARY
40-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 Michael Bosi,Zoning irector Phone Number 252-6819
Contact/ Department
Agenda Date Item was October 10,2017 Agenda Item Number 16A15
Approved by the BCC
Type of Document Resolution for SSA#14 Extension Reques Number of Original 1
Attached at(1—($4 Documents Attached
PO number or account /
number if document is Y
`^1� .
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? -MR& k..W Nit:\�
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 MRK
by the Office of the County Attorney.
4. 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
5. The Chairman's signature line date has been entered as the date of BCC approval of the MRK
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 MRK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip MRK
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 October 10,2017 and all changes made MRK
during the meeting have been incorporated in the attached document. The County
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.
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
16A15
MEMORANDUM
Date: October 11, 2017
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2017-184/SSA #14 and Extension Request
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A15) adopted by the Board of County Commissioners on Tuesday,
October 10, 2017.
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
16A15
MEMORANDUM
Date: October 11, 2017
To: Marcia Kendall, Senior Planner
Comprehensive Planning Department
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2017-184: SSA #14 and Extension Request
Resolution 2017-185: CLH & CDC SSA #15 and Extension Request
Resolution 2017-186: CDC SSA #16 and Extension Request
Attached for your records is an emailed copy of the Resolutions referenced above,
(Items #16A15, #16A16 and #16A17) adopted by the Board of County Commissioners
October 10, 2017.
The Minutes and Record's Department has held the original document for the Board's
Official Record.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachments
16415
RESOLUTION NO. 2017-1 8 4
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
2008-331, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS "CLH SSA 14";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2020 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CLH SSA 14.
WHEREAS, on November 18, 2008, by Resolution No. 2008-331, 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, 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 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, 2020 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 third amendment to the Stewardship Credit Agreement for CLH SSA 14,
attached hereto as Exhibit 1, is hereby approved.
2. The third amendment to the Escrow Agreement for CLH SSA 14, attached hereto as
Exhibit 2, is hereby approved.
[17-CMP-00985/1362146/253 1 of 2
SSA#14
8/31/17
bJ
1 6 A 1 5
This Resolution adopted after motion, second and majority vote, this 10 day of
0C+0 k,r , 2017.
ATTEST': =,0BOARD •F TY COMMISSIONERS
DW . T E. BRO I CLE COLLIE•` 0 .I TY, FLORID
1�
y. , ,� _ By:
j:aSL as to,c - '1lerk PENNY LOR, Cri an
signature only.
Approved as to form and legality:
144 di( 4(P(CA
Heidi Ashton-Cicko t'
Managing Assistant County Attorney
Attachments:
Exhibit 1 —Third Amendment to Stewardship Credit Agreement for CLH SSA 14
Exhibit 2—Third Amendment to Escrow Agreement for CLH SSA 14
Item# f (o
Agenda z241.0
Date '(.12
Date l0 (011
Rei;'
(� f
[17-CMP-00985/1362146/2]53 2 of 2 C�efk
SSA/414 a `
eputy 8/31/17 3,
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16A15
Exhibit 1
THIRD AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH SSA 14)
THIS THIRD AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
41' 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 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 (1) 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 14 stewardship
credits must be exchanged for development of the Town of Rural Lands West SRA 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.
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".
Words underlined are added and words strueke-tkFetigh are deleted(8/28/2017)
CP
16A15
3. 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
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, 2017 November 18, 2020
unless the CLH SSA 14 Stewardship Credits have been exchanged for the Town
of Big Cypress SRA Town of Rural Lands West SRA, and the Town of Big
Cypress SRA 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 CLH SSA 14 or
any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
{Remainder of Page Intentionally Left Blank)
Words underlined are added and words stfttek4lifeugli are deleted(8/28/2017)
16A15
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 I : •' TY COMMISSIONERS
COLLIER ' O P i Y, FLORIDA
By: //
Penny Taylo e- airwome
ATTEST:
DWI HT E. BRO .K, Clerk
th,
Attest a ,to Cha P,
signature only.
APPROVED as to Form and
Legal sufficiency:
0-/t_l1 ,
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
Words underlined are added and words struckgh are deleted(8/28/2017)
ICAO
1 6 A 1 5
WITNESS: COLLIER LAND HOLDINGS, LTD.
a Florida Limited Partnership
.5--;....E.41-e..4.... .4. c By: Collier Enterprises, Inc. a
(Signature) ( Florida Corporation,
1, it's Gener•l '.rtn-r
S.Xa.tA /C,A Ao.c.� ,�i /
(Print full name) By: II�../1 1
( `� Printed Name: '' .
�J 1 Title: k'P , +-;
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed
before me this (0.1?— day of S,eP-c L._ , 2017, by QA-1 c.ic..L..Q•cre-. , as
\k,e Qa.E►aettr- of Collier Enterprises, Inc., the general partner of Collier Land
Holdings, Ltd., a Florida limited partnership, said person being personally know to me -13T—
firlaikleGd
_2c idell,tlfl(`atiar n
6 c.SL--: . ) __.....,
Notary Pubic
Name: Atziot L.YLti..t
t. P,,e� Valerie L.Pike
z ' Notary Public-State of Florida
ne `oe Commission#GG22100
l"Fo!F'o' ' Expires 08/17/2020
Words underlined are added and words struckough are deleted(8/28/2017)
Exhibit 2 1 6 A 1 5
THIRD AMENDMENT TO
ESCROW AGREEMENT
(CLH SSA 14)
This THIRD AMENDMENT TO ESCROW AGREEMENT("Amendment")is made as of
the f C day of (,j t %lam' ,2017 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. The County, CLH, and
Escrow Agent are collectively referred to herein as the"Parties".
RECITALS
WHEREAS, Collier County, CLH 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 CLH SSA 14 ("Escrow Agreement"); and
WHEREAS, on September 10, 2013 the County approved the First Amendment to the
Escrow Agreement to extend certain dates by one (1)year; and
WHEREAS,and on September 23,2014,the County approved the Second Amendment to
Escrow Agreement, which Second Amendment extended the date by which CLH 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(words ctruok thru are
deleted and words added are underlined):
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:
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT(AUGUST 28,2017)
16A15
a. An approved SRA for the Town of Big Cypress Town of Rural Lands
West SRA 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 fief
Big Cypress 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 November 18, 2020, this Escrow Agreement shall
terminate and the original Documents shall be returned to CLH. If a challenge and/or
appeal of a necessary development order,permit or other discretionary approval are
filed, CLH 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, CLH 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.
5. 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}
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT(AUGUST 28,2017)
16A15
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
COLLIER COUNTY, FLORIDA
COL IER COUNTY CLERK OF URTS
—d74 -
tkii, ... I , •
By:
estPenny Taylor, C omen
AIMED AS TO FORM AND
LEGAL SUFFICIENCY:
r tom
�.
By: ,( C �'`i .
Heidi Ashton-C'icko, Managing Assistant County Attorney
Signatures continue on the following pages.
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT(AUGUST 28,2017)
G,
16A15
WITNESS: COLLIER LAND HOLDINGS,LTD.
a Florida Limited Partnership
c=.C...-(44ta— /1 Aon,___ By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
it's Gener.l Partne
By: i .FV 2 F r '
(Print full name) Printed Name: PA-c�Zic,c \... t e _
V.JL-:- -- Title: V.be ?{t ,'Pzr-'f'
(Signature)
\IPtvet.i. Pv
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
•
The foregoing Escrow Agreement was executed before me this ( day of e9-r ,
2017,by QA-T^2ucx. 1-.U1- , as vice PeF44 .►r• of Collier Enterprises,Inc.,the
general partner of Collier Land Holdings,Ltd., a Florida limited partnership, said person being
personally known to me meed
)(A-S%--'C&N 0 ----s
PR`''44 Valerie L.Pike Notary Pu lic (� ,
relNotary Public-State of Florida Name: 1 . z& \-.. \"blc.e
a Commission 22100
y, Certificate No. GC�zz► cCD
,
o,6:1,: Expires 08/17/2020
My Commission expires: •Vl•7.0-o
ESCROW AGENT:
COLEMAN, YOVANOVICH&KOESTER, P.A.
4,k..., -- ---,----
By: Richard D. Yovanovich, Esq.
Its: .1..4 0r+4.+4
Date: RIl.1%"\
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT(AUGUST 28,2017)
,Y;