Backup Documents 01/23/2018 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the C in to ce
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County A ne ffi er
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
Hok C- I
4. BCC Office Board of County �Sb�
Commissioners / k\ZS\\<
5. Minutes and Records Clerk of Court's Office
1125lig ill/
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 Mike Bosi/Z ning Division Phone Number 252-6819
Contact/ Department
Agenda Date Item was 1-23-18 Agenda Item Number 16.A.9 tV®
Approved by the BCC
Type of Document Resolution and( Agreements Number of Original ) -
Attached -:-)C1 UI--I I Documents Attached ' - ... _ Ek� \ .a.
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?
2. Does the document need to be sent to another agency for additional signature' If yes, mb
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 mb
signed by the Chairman,with the exception of most letters,must be reviewed and signed
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 mb
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 mb
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip mb
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 1-23-18 and all changes made during mb
the meeting have been incorporated in the attached document. The County = +rt •
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
(-5k—r--1 2;Th
16A9 A9
MEMORANDUM
Date: January 25, 2018
To: Heidi Ashton-Cicko, Assistant County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2018-011; original copies
of Exhibit #1 & #2 documents
Attached for your records is a copy of the resolution referenced above, (Item #16A9)
adopted by the Board of County Commissioners January 23, 2018, and per request,
original copies of Exhibit #1 and Exhibit #2.
The original resolution and second set of original Exhibits will be held in the Minutes
and Records Department for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
Ann P. Jennejohn 6 A9
From: Ann P.Jennejohn
Sent: Thursday,January 25, 2018 2:59 PM
To: BosiMichael
Subject: Resolution 2018-011 (Item #16A9 1-23-2018 BCC Meeting)
Attachments: Resolution 2018-011.pdf
Hi Mike,
A copy of Resolution 2018-021,amending Resolutiovt 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 q, 2023 in the Stewardship Sending Area
Credit agreement for SUNNILAND FAMILY SSA 12 and the Escrow agreement for SUNNILAND FAMILY
SSA 12,
adopted by the Board this past Tuesday, Is attached for your records.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
6 A9
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 of 2
SSA 12 Extension—Sunniland Family
12/27/17
`1 C)
416149
This Resolution adopted after motion, second and majority vote, this, 3 day of
�artt,t_61/41) y , 2018.
PleN
ATTEST: • BOARD OF CO . T OMMIS . •• ' S
DWIGH:F'E. BROCK C1,4K COLLIER C• d T , F •.'
ar
►,4' Ni+ erk 'N Y SOLIS, Chairman
Attesto . rria
r
signature only.
Approved as to form and legality:
A
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
Item# it , 4e`
Agenda I
Date J
Date 1- '45-t$
Rec'd
4e,m4(10"
[17-CMP-00995/1385622/1] 13 2 of2
SSA 12 Extension—Sunniland Family
12/27/17
EXHIBIT 1 16 A9
SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(Sunniland Family SSA 12)
THIS SECOND AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT is made and entered into this c23r day of JAt✓i(,ti`j , 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
9 years from its effective date, to wit: on February 9, 2023, unless the Sunniland FL `
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.
{Remainder of Page intentionally Left Blank}
Words struck thru are deleted and words underlined are added.
Page 2
16A9
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
COLLIER CO 'TY LORID;
By: A 11
AI 'f)Y SOLIS, Chairman
ATTEST:
DWIGHT E. BROOK, Clerk
•
Attest..
Mai '3
'.S ,Deputy Clerk
signature.only.
APPROVED as to Form and Legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Page 3
C
•.
16A9
Signed,sealed and delivered in SUNNILAND FAMILY LIMITED
the presence of: PARTNERSHIP,a Florida limited partnership
By: SUNNILAND PARTNERS,LLC, a
''l Florida limited liability company
w Jennifer S. Sa •ukas
Its: General Partner
Witness: r eLAi C. S Roo,CFx By: P4/(44,
/+
Aliese P.Priddy,its Managing Me er
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this/S day of Cioirnkr— ,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 b/o 1)r/tiers L C.P/? s�
as identification.
4'`� ``� RENEE RICCI \ /
MY COMMISSION k FF 147347
:�0�` EXPIRES:August 03,2018 Notary Public
os P�
Print
My Commission Expires:
Page 4
EXHIBIT 2 1 6 A 9
SECOND AMENDMENT TO
ESCROW AGREEMENT
(Sunniland Family SSA 12)
THIS SECOND AMENDMENT TO ESCROW AGREEMENT is made as of the c,23"iday of
ter , 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").
RECITALS
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.
1 6 A9
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.
_'J
16A9
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 C(� JiTY CLERK OF COURTS
By: a:L L ,,� 6 , By:
• De Clerk `
arm SOLIS, Chairman
si natugeonly.
APPROVED°as to Form and Legality:
By:
H idi Ashton-Cicko
Managing Assistant County Attorney
WITNES S ESCROW AGENT:
CHEFFY PASSIDOMO,P.A.
Witn ... 117. . . -.
�j Clay C. Bf ooker,Partner
Witness: ,P..r7ei / icc, Date: £E /5 0?0/7
3
1 6 A9
SUNNILAND FAMILY LIMITED
PARTNERSHIP, a Florida limited partnership
By: SUNNILAND PARTNERS,LLC, a
Florida limited liability company
Its: General Partner
P4
II
Aliese P.Priddy,its Managing Memb
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this J5 day of leCpm ,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 -ia r da nr i t .e s L i c'n S-(
as identification.
f*oi RENEE RICCIMY COMMISSION p FFI47347
i� EXPIRES:August 03,2018
Notary Public
Print
My Commission Expires:
4
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