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Backup Documents 10/10/2017 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 1 6 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 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 routing lines#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 riVA-E I 1O -I + 4. BCC Office Board of County Commissioners \r- toVAV--k 5. Minutes and Records Clerk of Court's Office (CD ttopi- �r'ase`"` 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 16A16 Approved by the BCC Type of Document Resolution for SSA#15 Extension Request Number of Original 1 Attached Documents Attached PO number or account O r i--' l iS number if document is irk AL.... 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? FSU 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 t 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 16A16 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 2017-185/CLH & CDC SSA #15 and Extension Request Attached for your records is a copy of the resolution referenced above, (Agenda Item #16A16) 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 1 6 A 1 6 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 16A16 RESOLUTION NO. 2017- 1 8 5 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2008- 329, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CLH AND CDC SSA 15"; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2020 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR CLH AND CDC SSA 15. WHEREAS, on November 18, 2008, by Resolution No. 2008-329, the Board of County Commissioners created a Stewardship Sending Area with a designation of"CLH and CDC SSA 15" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement with Collier Land Holdings, Ltd. and CDC Land Investments, LLC; and WHEREAS, on September 10, 2013, by Resolution No. 2013-200, 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 and CDC SSA 15; 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 15; and WHEREAS, Collier Land Holdings, Ltd. and CDC Land Investments, LLC, represented by Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA, have requested an extension to certain time frames to November 18, 2020 in the Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15 and the Escrow Agreement for CLH and CDC SSA 15; 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 and CDC SSA 15, attached hereto as Exhibit 1, is hereby approved. 2. The third amendment to the Escrow Agreement for CLH and CDC SSA 15, attached hereto as Exhibit 2, is hereby approved. [17-CMP-00985/1362132/1]52 SSA#15 8/31/17 1 of 2 16A16 This Resolution adopted after motion, second and majority vote, this /0 day of OJo),-,,t (- , 2017. ATTEST:'. . BOARD •F i ►NTY COMMISSIONERS DWIGHT E. BRA? ;:'.CLERK COLLIE'.. 0 . ITY, FLORID• P2J111:CA-: ' By: Attest as?ot11 /- "I __. j Sk PENNY VLOR, C a'- an signature bitty. Approved as to form and legality: Stit(, A ofis(c,yrs eidi Ashton-Cicko (71'v Managing Assistant County Attorney Attachments: Exhibit 1 —Third Amendment to Stewardship Credit Agreement for CLH and CDC SSA15 Exhibit 2 —Third Amendment to Escrow Agreement for CLH and CDC SSA 15 Agenda (© Ito 114_ Date Date i Cll 0 l i Recd [17-CMP-00985/1362132/1]52 SSA#15 .•4a, 8/31/17 2 of 2 Deputy dierk Exhibit 1 1 6 A 16 THIRD AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (CLH and CDC SSA 15) THIS THIRD AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this i r day of (' ILLik .' , 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") and CDC Land Investments, LLC, a Florida Limited Liability Company ("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 and CLH SSA 15 land; and WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit Agreement("CLH and CDC SSA 15") 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 15 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. Any capitalized terms not expressly defined herein shall have the definition set forth in the Escrow Agreement. 2. Any reference in the Agreement to the "Town of Big Cypress" shall be replaced 1 Words underlined are added and words strtelk-through are deleted(8/29/2017) 16A16 with the following reference: "Town of Rural Lands West SRA". 3. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CDC and CLH SSA 15) 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. One thousand eight hundred and twenty six and nine tenths (1826.9) acres of the lands subject to this Agreement are within a Habitat Stewardship Area (HSA) and two thousand one hundred and ninety eight and five tenths (2,198.5) acres of the lands subject to this Agreement are within a Flow Way Stewardship Area (FSA) and one thousand two hundred and twenty two, three tenths (1,222.3) acres of Water Retention Area (WRA) and eleven and two tenths (11.2) 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, 2017 November 18, 2020 unless the CDC and CLH SSA 15 Stewardship Credits have been exchanged for the Town of Big Cypress SRA the Town of Rural Lands West SRA, and the Town of Big Cypress SRA the 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 and CLH SSA 15 or any SRA. 2. Except as amended herein, the Agreement shall remain in full force and effect. {Remainder of Page Intentionally Left Blank) 2 Words underlined are added and words strums are deleted(8/29/2017) 16A16 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 G: TY COMMISSIONERS COLLI_! . TY, FLORID• By: Penny Taylo hairwome Air ATTEST DWIOHT.E. BRO_K, Clerk (4,sLisAls Attest as to Chairman's signature only. APPROVED as to Form and Legal sufficiency: CiLt Heidi Ashton-Cicko, Managing Assistant County Attorney Signatures continue on the following pages. 3 Wordsµnderlined are added and words s£rttek-through are deleted(8/29/2017) 16A16 WITNESS: COLLIER LAND HOLDINGS, LTD. A Florida Limited Partnership By: Collier Enterprises, Inc. a (Signature) " Florida Corporation, cit's Gene Partner 4.51A.)etc ,N4 how (Print full name) By: _ Printed Name: to-e�:c v- -� Title: ►"c,e (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me this Co's= day of , 2017, by U-cre e- , as \j .e QcLesitC.aol- of Collier Enterprises, Inc., General Partner of Collier Land Holdings, Ltd., said person personally known to me 4r---pfsdiieed Notary Pul?lic Name: \J A-- t `<PRv°oe� Valerie L.Pike Notary Public-State of Florida TAIPailiarT Commission#GG 22100 Expires 08/17/2020 Signatures continue on the following page. 4 Words underlined are added and words struck etugh are deleted(8/29/2017) �ti. 1 6A16 WITNESS: ,,, sacci., ACDC Land Investments,LLC (Signature) a Florida Limited Liability Company By: CDC Land Investments, Inc., its �.vd t4 J %Ao.ue 1 / �� (Print full name) ( By: Printed Name: QA-14.4...x-l--l}craoz . Title: Pia r- (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me this ("% day of rev 2- , 2017, by c)Arve..►c-\-. .)cXet. , as v;-)e. Quesvc of CDC Land Investments, Inc., the Manager of CDC Land Investments, LLC., said person being personally know to me or produced • Notary P blic Name: �Acuel `-•r1ACe pRv oL4? Valerie L.Pike / -o Notary Public-State of Florida oe Commission#GG 22100 11"eOF"'o� Expires 08/17/2020 FS 5 Words underlined are added and words struck through are deleted(8/29/2017) l ? 16A16 Exhibit 2 THIRD AMENDMENT TO ESCROW AGREEMENT (CLH and CDC SSA 15) This THIRD AMENDMENT TO ESCROW AGREEMENT("Amendment")is made as of the / '#'day of r. ,. .:t „(,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 CDC Land Investments, LLC, a Florida Limited Liability Company ("CDC"), and COLEMAN, YOVANOVICH&KOESTER,P.A.,(the"Escrow Agent.The County,CLH and CDC,and Escrow Agent are collectively referred to herein as the"Parties". RECITALS WHEREAS, Collier County, CLH, 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 CLH and CDC SSA 15 ("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 CLH and 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 1 Words underlined are added and words strusle-through are deleted(8/28/2017) 16A16 recording in the public records of Collier County upon presentment of the following by CLH and CDC: a. An approved SRA for the Tow.,e f B i g Cypress Town of Rural Lands West SRA which requires the exchange of Stewardship Credits from CLH and CDC SSA 15 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 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 1-�2 November 18, 2020, 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. 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. 2 Words underlined are added and words seek-threugh are deleted(8/28/2017) 16A16 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,: ER COUNTY CLERK OF C.URTS irivN \C—CXYD/1.' By: AesOU�� 4k Penny Taylo airwome signature only. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Heidi Ashton-Cicko, Managing Assistant County Attorney Signatures continue on the following pages. 3 Words underlined are added and words struslE-threugh are deleted(8/28/2017) 16A16 WITNESS: COLLIER LAND HOLDINGS,LTD. A Florida Limited Partnership c .c a& L A By: Collier Enterprises, Inc. a (Signature) Florida Corporation, it's Gene Partner ,cY�sCA /'r�ILd.c�e , By: A (Print full name) Printed Name: Qq u - l..U-ct-ftt._ OCAk.^ Title: c, - Porgy•• om (Signature) prtieti Yt,t (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Escrow Agreement was executed before me this day of .iz9Tervv="e2-- , 2017, by ?Per'ei.c.g-• L.U tree- , as \I tc.E Q2E4oa--t-r of Collier Enterprises, Inc., General Partner of Collier Land Holdings, LTD, said person being personally known to me.ec- eed as-klentifiGatian. . Oca..Q.....-- •(3) ------ esv` 41a� Valerie L.Pike Notary Pus z NotaryPublic-State \v' �� �, �t „,,,,,,„;,„„Th.oc Commission#GG 22100 Name: tC.i (Zu TFOFroc'• Expires 08/17/2020 Certificate No. GG 224oo ` My Commission expires: - Vl•7020 Signatures continue on the following pages. 4 Words underlined are added and words dough are deleted(8/28/2017) 16A16 WITNESS: CDC Land Investments, LLC, A Florida Limited Liability Company By: CDC Land Investment, Inc., its manager y-� (Signature) /214,0 ` ' By: ! 1 tee� (Print full name) Printed Name: 'A'rQ.c L,l) - ' OcSJIC Title: ►c P aerk' (Si(gnature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Escrow Agreement was executed before me this l0 day of PQMivif , 2017,by q L• Ute-,as \, E.Q r of CDC Land Investments,Inc., the manager of CDC Land Investments, LLC., said person being personally know to me e1= produced o�PRY <'a� Valerie L.Pike Notary Pu1�11C r NotaryPublic-StateofFlorida Name: \IA we �-' PLt� N9 '.4a oe Commission#GG 22100 Certificate No. GG 2-Z rF"'o' oFF� Expires 08/17/2020 My Commission expires: (1-11-Zp-u, ESCROW AGENT: COLEMAN, YOVANOVICH &KOESTER, P.A. By: Richard D. Yovanovich, Esq. Its: V-.4 64* Date: 9,110111 5 Words underlined are added and words struek-t#eugh are deleted(8/28/2017)