Backup Documents 10/10/2017 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L A 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE t� li .L
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
H(-L 1 o- ID-
4. BCC Office Board of County `e
Commissioners vS/ 1 tOVcAl"`
5. Minutes and Records Clerk of Court's Office 'e f tO)t4- �;1S'
014
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,Zonin irector Phone Number 252-6819
Contact/ Department
Agenda Date Item was October 10,2017 Agenda Item Number 16A17
Approved by the BCC
Type of Document Resolution for SSA#16 Extension Request Number of Original 1''XL. } v cA.) f
Attached „Q.Cj 11— --f Documents Attached 2. E_\<tx,u6c-c.
PO number or account
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? =Dm R e
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 fo he 1
Chairman's signature. �"v
1: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
16A17
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 2017-186/CDC SSA #16 and Extension Request
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A17) 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
16A17
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
1 6A17
RESOLUTION NO. 2017-18 6
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.
[17-CMP-00985/1361810/1149 I of 2
SSA#16
8/30/17
16A17
This Resolution adopted after motion, second and majority vote, this /O d y of
cAiAQ-u- , 2017.
ATTEST: BOARD • : .1 TY COMMISSIONERS
DW GHT E. BRO lc'CLERK COLLIE' ; 0 I TY, FLORID
1 t By•
Attest astordr ialltEk PENNYI YLOR, man
signature only..
App oved as to form and legality:
Ht'CA4 / L - ,11 /0
eidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 -Third Amendment to Stewardship Credit Agreement for CDC SSA 16
Exhibit 2 -Third Amendment to Escrow Agreement for CDC SSA 16
Item# _ 6 +l-1
Date
Agenda it t0 ii
Ree
Dated N k‘'‘ t
4 41 :
[I7-CMP-00985/1361810/1149 2 of 2 Deputy Clerk
SSA#16
8/30/17
Exhibit 1 16 A 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 0(A I, , 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".
Words underlined are added and words struck thru are deleted(08/28/2017)
16A17
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, 2017 November 18, 2020 unless the
CDC SSA 16 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 CDC 16 or any SRA.
2. Except as amended herein,the Agreement shall remain in full force and effect.
Signatures appear on the following pages.
Words underlined are added and words stmek-thru are deleted(08/28/2017)
1 _
16A17
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 O' Wiijb TY COMMISSIONERS
COLLIER Y, FLORIDA
By: // - _L
I �
4f gl Penny Taylori9'airwome
ATTEST:
DWIGHT E BROW+. Clerk
Attest as to Chairman's
signature only.
APPROVED as to Form and
Legal sufficiency:
,
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
Words underlined are added and words are deleted(08/28/2017)
16A17
WITNESS:
aP-tet, j�✓2Y�/ZL�,�, CDC Land Investments, Inc.
(Signature) a Florida Corporation
574.04,-.44 /1'1iQ47
(Print
full name)
By:
4
Printed Name: PA tcac.U.Utree_
Title: Vic. toe-01-
(S ignature) r-
(Signature)
iktom,
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed
before me this 6.4-' day of ec e'- , 2017, by S&r , as
V Cce ?Cts dt" of CDC Land Investments, Inc., said person being personally know
to me er-pretueed .)0.-CL:c-Ok • (?
e = ent
Notary Public
Name: VAftet mac C)tkms.
Valerie L.Pike
i * c' Notary Public-State of Florida
N, 'tea Commission#GG 22100
1.$781,v,: - Expires 08/17/2020
Words underlined are added and words are deleted(08/28/2017)
Exhibit 2 1 6 A 17
THIRD AMENDMENT TO
ESCROW AGREEMENT
(CDC SSA 16)
This THIRD AMENDMENT TO ESCROW AGREEMENT("Amendment")is made as of
the (( day of ! fL i A.1 ,2017 by and between Collier County,a political 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 struck thru are deleted and words added are underlined.(8/28/2017)
1 6 A 1 7
a. An approved SRA for the Town-of-Big-Cypress 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
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, 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.
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}
Words strucka are deleted and words added are underlined.(8/28/2017)
16A17
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 TS
I: w • By:
Dwight Ai/AI/Igo Chairman's Penny Taylo airwome
APPROVED A i'TOtFOon1_.AND
LEGAL SUFFICIENCY:
By: OA,. CLt
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
Words are deleted and words added are underlined. (8/28/2017)
16A17
WITNESS: CDC Land Investments, Inc.,
a Florida., o-.oration I/
_i_ ... i
- ,
c+itl1 ) I" By: if,„,:,
I Printed Name: ?A°reic-l...l}cre4..r
Title: \ u\lice Yaies:D '
a°it-A %tee
(Print full name)
Cti : Q —.
(Signature)
\
(Print full name)STATE OF FLORIDA
COUNTY OF COLLIER
rt
The foregoing Escrow Agreement was executed before me this day of ,
2017,by ?Ara.<<.w l,.l,}creq._ ,as \I L 4 c.Per►r of CDC Land Investments,Inc.,
said person being personally know to me o--pre&eeel as-identifteatirm.
0(.3. --A. _,
o PR°°�e� Valerie L.Pike
2 NoiaryPublic-StateofFloridaor
Notary Public
4416.m, �j Commission 4 G 22100 Name: \11.1- L. ‘'Le
i No •�oc- Expires 08117/2020
Certificate No. GGZZ‘cx�
My Commission expires: g-11.7A7.o
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its: ‘t.t4 e.-ta• -
Date: 91(.11-1
Words stfuek-thfu are deleted and words added are underlined.(8/28/2017)