Resolution 2018-011 RESOLUTION NO. 2018- 11
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION
2010-29, AS AMENDED, RELATING TO THE STEWARDSHIP
SENDING AREA WITH A DESIGNATION AS "SUNNILAND
FAMILY SSA 12"; APPROVING THE EXTENSION OF
CERTAIN DATES TO FEBRUARY 9, 2023 IN THE
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
AND THE ESCROW AGREEMENT FOR SUNNILAND
FAMILY SSA 12.
WHEREAS, on February 9, 2010, the Board of County Commissioners created a
Stewardship Sending Area with a designation of"Sunniland Family SSA 12" and entered into a
Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an
Escrow Agreement with Sunniland Family Limited Partnership; and
WHEREAS, on September 23, 2014, the Board of County Commissioners approved
Resolution No. 2014-185 which extended certain dates to February 9, 2018 in the Stewardship
Sending Area Credit Agreement and Escrow Agreement; and
WHEREAS, Sunniland Family Limited Partnership, represented by Clay Brooker,
Esquire of Cheffy, Passidomo, PA, has requested an additional extension to certain time frames
to February 9, 2023 in the Stewardship Sending Area Credit Agreement for Sunniland Family
SSA 12 and the Escrow Agreement for Sunniland Family SSA 12; 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 Sunniland Family
SSA 12, attached hereto as Exhibit 1, is hereby approved.
2. The Second Amendment to the Escrow Agreement for Sunniland Family SSA 12,
attached hereto as Exhibit 2, is hereby approved.
[17-CMP-00995/1385622/1] 13 1 of2
SSA 12 Extension—Sunniland Family
12/27/17
`1C)
4 ,-t_.This Resolution adopted after motion, second and majority vote, this,2) day of
:jail LcG,A y , 2018.
: ' ;4):'''0
ATTEST: ' . „ BOARD OF CO . T OMMIS . S `, 'S
DWIGHT E. BROCK >CLI RK COLLIER C• 4 T F SR 0
By: ..c-cikau ‘ `' ' .
. Q., By: A_
� ? F" erk NDY SOLIS, Chairman
Q$@S a t0 .
signature only.
Approved as to form and legality:
VnA -
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 —Second Amendment to Stewardship Credit Agreement for Sunniland Family SSA12
Exhibit 2—Second Amendment to Escrow Agreement for Sunniland Family SSA 12
[17-CMP-00995/1385622/1] 13 2 of2
SSA 12 Extension—Sunniland Family
12/27/17 s
EXHIBIT 1
SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(Sunniland Family SSA 12)
THIS SECOND AMENDMENT TO STEW .RDSHIP SENDING AREA CREDIT
AGREEMENT is made and entered into this 2,�j'" day of j G o(,lp,A' , 2018, 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 Sunniland Family Limited Partnership, a Florida
limited partnership, hereinafter referred to as "Owner,"whose mailing address is P.O. Box 930,
Immokalee, Florida 34143-930, for the purpose of extending certain dates.
WITNESSETH:
WHEREAS, Owner submitted, and the County reviewed, a SSA Designation
Application filed with the County on April 10, 2008, for the Sunniland Family SSA 12 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement (Sunniland Family SSA 12) on February 9, 2010 ("Agreement"); and
WHEREAS, the County and Owner entered into a First Amendment to Stewardship
Sending Area Credit Agreement (Sunniland Family SSA 12) on September 23, 2014 ("First
Amendment"); and
WHEREAS, due to the change in economic conditions in the State of Florida, the
submittal, review and approval of the Alico SRA has been delayed and the parties wish to amend
the Agreement and the First Amendment 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 Agreement and the First Amendment is amended to read as follows:
8. 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 or approve, any increase in the density
or any additional uses beyond those specifically authorized in this Agreement. Ninety-
eight and five-tenths percent (98.5%) of the lands subject to this Agreement are within an
HSA or FSA 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 uses. Notwithstanding any condition herein to the contrary,
this Agreement and the Stewardship Easement shall terminate eight (8) thirteen (13)
Words struck thru are deleted and words underlined are added.
Page 1
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years from its effective date, to wit: on February 9, 20231 unless the Sunniland Family
SSA 12 Stewardship Credits have by that date been exchanged for entitlement of an
SRA, and the 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 SRA, or the Owner has decided to record the Stewardship
Easement without the approval of an SRA. 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 Sunniland Family SSA 12 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
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Words:truek thru are deleted and words underlined are added.
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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 CO ► TY COMMISSIONERS
,OP
COLLIER CO I TY. LORID;
/
B _ k
By:
ANDY SOLIS, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
By: C9=- i,i:( ,t,C. L.< /0
Attest ast► l'S ,Deputy Clerk
signature only.
APPROVED as to Form and Legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Page 3
Signed,sealed and delivered in SUNNILAND FAMILY LIMITED
the presence of: PARTNERSHIP,a Florida limited partnership
By: SUNNILAND PARTNERS,LLC,a
, IA Florida limited liability company
Wi,'- :. Jennifer S. Sa •ukas
Its: General Partner
e,:
Witness: �eL.q y C, 5 Roo,CF� By: fj4/(k,
/11 i
Aliese P.Priddy,its Managing Me er
STATE OF FLORIDA
COUNTY OF COLLIER
/ f�
The foregoing instrument was acknowledged before me this/J day of 4-CePilikr--- ,2017
by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company,
general partner of Sunniland Family Limited Partnership, a Florida limit partnership, on behalf of the
company,who is personally known to me or who has produced �/o-74, r/ve f_, L.c P/7‘e-
as
€as identification.
VP h
�'`°� " RENEE RICCI �
MY COMMISSION#FF147347
77 --
� ` EXPIRES:August 03,2018 Notary Public
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Print
My Commission Expires:
Page 4
EXHIBIT 2
SECOND AMENDMENT TO
ESCROW AGREEMENT
(Sunniland Family SSA 12)
THIS SECOND AMENDMENT TO ESCROW AGREEMENT is made as of the (" ay of
_k, c_r , 2018, by and between Collier County, a political subdivision of the State of
Florida ("C unty"), Sunniland Family Limited Partnership, a Florida limited partnership
("Owner"), and Cheffy Passidomo,P.A., (the"Escrow Agent").
RECITAL S
WHEREAS, County, Owner and Escrow Agent entered into an Escrow Agreement on February
9, 2010, pertaining to the Stewardship Sending Area designated as Sunniland Family SSA 12 ("Escrow
Agreement"); and
WHEREAS, County, Owner and Escrow Agent entered into a First Amendment to Escrow
Agreement on September 23, 2014, pertaining to the Stewardship Sending Area designated as Sunniland
Family SSA 12 ("First Amendment"); and
WHEREAS, due to the change in economic conditions in the State of Florida, the Alico SRA has
been delayed and the parties wish to amend the Escrow Agreement and the First Amendment as set forth
below.
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 and the First Amendment 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 the occurrence of either of the two events, a or b,below:
a. The Owner presents to the Escrow Agent and the County evidence of the following:
i. An approved SRA for the Alico SRA Land which requires the exchange of
Stewardship Credits from Sunniland Family SSA 12 for the additional residential
and non-residential entitlements; and
ii. All necessary final and non-appealable local, state and federal permits other than
a plat, site development plan or building permit, necessary to construct the Alico
SRA Land consistent with the provisions of Section 4.08.07 of the Collier
County Land Development Code.
Words struck thru are deleted and words underlined are added.
b. The Owner notifies the Escrow Agent and the County of its decision and consent to
record the Stewardship Easement without the approval of an SRA.
In the event neither of the above two events occur on or before February 9, 20182023, this
Escrow Agreement and the First Amendment shall terminate and the original Documents shall be
returned to Owner. If a challenge and/or appeal of a necessary development order, permit or
other discretionary approval is filed, Owner 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
Owner, Owner 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 February 9, 2010 and the First Amendment
remains in full force and effect.
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.
{Remainder of Page Intentionally Left Blank)
Words struck thru are deleted and words underlined are added.
'1
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to 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 CO ' ',F ORIDA
COLLIER COUNTY CLERK OF COURTS
;t.
De Clerk
Att as t0 aittll ANDY SOLIS, Chairman
r • }
sibatueonly.
APPROVED`as to Form and Legality:
By: l
•
H idi Ashton-Cicko
Managing Assistant County Attorney
WITNES S•, ESCROW AGENT:
14r'l'rOP CHEFFY PASSIDOMO,_ .�. ►__ ,P.A.
Witne.. •
Clay C.Booker,Partner
Witness: /'gi7 2 /� c Date: OE
3
a(„
SUNNILAND FAMILY LIMITED
PARTNERSHIP,a Florida limited partnership
By: SUNNILAND PARTNERS,LLC, a
Florida limited liability company
Its: General Partner
By: 0,k4StiO
11
Aliese P.Priddy,its Managing Memb:i
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this /6-14day of cpm be I ,2017
by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company,
general partner of Sunniland Family Limited Partnership, a Florida limited partnership, on behalf of the
company,who is personally known to me or who has produced 1 -70, 11C^ ,Qc-,1,<p, > Lice,-)S C
as identification.
��„YP`�. RENEE RICCI
[ Ir MY COMMISSION#FF147347
td EXPIRES:August 03,2018
Notary Public
Print
My Commission Expires:
4