Agenda 03/10/2015 Item #16A 8 3/10/2015 16.A.8.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2014-37, which amended
Resolution 2009-58, relating to the Stewardship Sending Area (SSA) with a designation as
"SSA 10"; approving the extension of certain dates to March 10, 2018 in the Stewardship
Sending Area Credit Agreement and the Escrow Agreement for SSA 10.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to
amend Resolution 2014-37, which amended Resolution 2009-58, which established Stewardship
Sending Area(SSA) Ten conditionally for a five-year period, to allow for that conditional period
to be extended for an additional three years to March 10, 2018. If the extension is not approved,
SSA 10 will expire on March 10, 2015. The Stewardship Credit Program is the foundation of the
Rural Lands Stewardship Area (RLSA), which has been recognized in Florida, regionally, and
nationally for visionary methodology to preserve environmentally significant land, to protect
agricultural land and to direct growth to suitable locations. Collier County adopted the RLSA
Overlay in the Land Development Code (LDC) as the implementing regulation for the Growth
Management Plan amendments known broadly as the "Rural/Eastern Lands Amendments" which
were developed in response to Administration Commission Final Order No. AC99-002, which
required a, "Rural and Agricultural Assessment" and subsequent adoption of the Growth
Management Plan amendment based upon that assessment.
CONSIDERATIONS: On March 10, 2009, the Board during an advertised public hearing
adopted Resolution 2009-58, which designated 5,869± acres in the Rural Lands Stewardship
Area (RLSA) Overlay as "SSA 10", approved a credit agreement for SSA 10, approved an
easement agreement for SSA 10, approved an escrow agreement, and established the number of
Stewardship Credits generated by the designation of said Stewardship Sending Area.
Following the Board's approval of SSA #10, the applicant has held the easement in escrow and
intends to record the easement when all permits and authorizations had been obtained for the
Baron Collier Stewardship Receiving Area(SRA), which was to occur by March 10, 2014, or the
SSA Credit Agreement and Stewardship Easement Agreement were to be null and void.
At the February 25, 2014 BCC Public Hearing, the Board adopted Resolution 2014-37, which
extended the conditional period for SSA 10 an additional year to March 10, 2015. The applicant
has indicates that the utilization of the credits associated with the SSA 10 has been delayed due
to the prolonged economic recession. The applicant has maintained the same justification with
the current application and seeks to extend SSA 10 for an additional three-years. The attached
Resolution would amend the existing credit agreement to extend the SSA an additional three-
years until March 10, 2018.
In the interim, the applicant recorded, in the public records, a notice of interim restrictions. The
request is to extend that conditional period an additional three-years.
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GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Rural Lands Stewardship Area
Overlay in the Future Land Use Element (FLUE) establishes the process and requirements for
establishment of SSAs, the lands qualifying for SSA designation, and the use limitations for
lands once they are designated as SSAs. This land use and growth management tool is
implemented through the Rural Lands Stewardship Area Zoning Overlay.
SSA 10 is designed to utilize the stewardship credits from this SSA to partially enable a future
SRA. Accordingly, the applicant for SSA 10 had established an Escrow Agreement which
delayed the recordation of the Easement Agreement into public records until such time that all
requirements in the Escrow Agreement and the SRA Credit Agreement provisions of the LDC
were satisfied. The County Attorney required the recording of the notice of restrictions until the
easement is recorded consistent with the intent of the LDC.
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is
needed for Board approval. - SS
STAFF RECOMMENDATION: That the Board adopts the resolution amending the Credit
and Escrow agreements for SSA #10, extending that agreements conditionally for an additional
three-years and accept the amended Notice of Interim Land Use Limitations, which the owner shall
record in the public records of Collier County.
Prepared by: Mike Bosi,AICP, Director, Department of Planning and Zoning Services
Attachments: Exhibit"A"—Resolution and Agreements
Exhibit"B"Notice of Interim Land Use Limitations
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to adopt a Resolution amending Resolution 2014-37,
which amended Resolution 2009-58, relating to the Stewardship Sending Area (SSA) with a
designation as "SSA 10";approving the extension of certain dates to March 10, 2018 in the
Stewardship Sending Area Credit Agreement and the Escrow Agreement for SSA 10.
Meeting Date: 3/10/2015
Prepared By
Name:BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
2/11/2015 4:42:51 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 2/12/2015 4:46:10 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/25/2015 9:16:55 AM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 3/2/2015 8:12:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/2/2015 8:48:45 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/2/2015 9:16:35 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/2/2015 4:39:54 PM
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RESOLUTION NO. 2015-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING RESOLUTION 2009-58, AS AMENDED
BY RESOLUTION 2014-37, RELATING TO THE STEWARDSHIP
SENDING AREA WITH A DESIGNATION AS "BCIBCP SSA 10";
APPROVING THE EXTENSION OF CERTAIN DATES TO MARCH 10,
2018 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
AND THE ESCROW AGREEMENT FOR BCIBCP SSA 10.
WHEREAS, on March 10, 2009, the Board of County Commissioners created a
Stewardship Sending Area with a designation of "BCIBCP SSA 10" and entered into a
Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an
Escrow Agreement with Barron Collier Investments, Ltd. and Barron Collier Partnership LLLP;
and
WHEREAS, Barron Collier Partnership LLLP is successor by merger to Barron Collier
Investments, Ltd. by Articles of Merger recorded on January 6, 2014 in Official Record Book
4998,Page 865, of the Public Records of Collier County, Florida; and
WHEREAS, on February 25, 2014, the Board of County Commissioners adopted
Resolution 2014-37 to approve the extension of certain time frames to March 10, 2015 in the
Stewardship Sending Area Credit Agreement and the Escrow Agreement for BCI/BCP SSA 10;
and
WHEREAS, Barron Collier Partnership LLLP has requested a second extension of
certain time frames to March 10, 2018 in the Stewardship Sending Area Credit Agreement and
the Escrow Agreement for BCI/BCP SSA 10; 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 Sending Area Credit Agreement for
BCIBCP SSA 10, attached hereto as Exhibit"A", is hereby approved.
2. The Second Amendment to the Escrow Agreement for BCI/BCP SSA 10, attached
hereto as Exhibit"B", is hereby approved.
This Resolution adopted after motion, second and majority vote, this day of
, 2015.
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2/24/15
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality:
)L. -/1'i/i
Scott A. Stone
Assistant County Attorney
Attachments:
Exhibit A— Second Amendment to Stewardship Credit Agreement for BCI/BCP SSA 10
Exhibit B —Second Amendment to Escrow Agreement for BCI/BCP SSA 10
[15-CMP-00942/1156107/1] 2 of 2
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Exhibit A 3/10/2015 16.A.8.
SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(BCUBCP SSA 10)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CRFnTT AGREEMENT
(hereinafter referred to as the "Amendment") is made and entered into as of this day of
2015, 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 BARRON COLLIER PARTNERSHIP,LLLP, a Florida limited liability
limited partnership, successor by merger to Barron Collier Investments, Ltd., a Florida limited
partnership, by Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in
Official Records Book 4998,Page 865, of the Public Records of Collier County, Florida, hereinafter
referred to as"Owner", whose mailing addresses are 2600 Golden Gate Parkway,Naples, Florida 34105,
for the purpose of extending certain dates.
WI'TNESSETH:
WHEREAS, the Owner and the County reviewed a SSA Designation Application filed with the
County on March 8,2007,for the BCUBCP SSA 10 land;and
WHEREAS, the County and the Owner entered into a Stewardship Sending Area Credit
Agreement("BCT/BCP SSA 10") on March 10, 2009("Agreement"); and
WHEREAS, on February 25,2014 the County and the Owner entered into a First Amendment to
Stewardship Sending Area Credit Agreement for BCT/BCP SSA 10; and
WHEREAS, due to the change in economic conditions in the State of Florida, the review and
approval of the SRA has been delayed and the parties wish to amend the Agreement 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 Stewardship Sending Area Credit Agreement (BCUBCP SSA 10) 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 nor approve, any increase in the
density or any additional uses beyond those specified in this Agreement. Ninety-nine and
eight tenths (99.8%)of the lands subject to this Agreement are within an HSA 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 s ) yearn from its effective date on
March 10, 201.8 unless the BC1/BCP SSA I O Stewardship Credits have by that date been
Words stftiel are deleted and words underlined are added.
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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. 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 BCI/BCP SSA
10 or any SRA.
2. Except as amended herein,the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed 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 COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
By:
TIM NANCE,CHAIRMAN
ATTEST:
DWIGHT E.BROCK, Clerk
By:
,Deputy Clerk
APPROVED as to Form and Legality:
A. a/,l/t3
SGoft A. 5tone., Assistant County
Attorney
Words Amick-04m are deleted and words underlined are added.
2
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Witnesses: Barron Collier Partncrship,LLLP
By: Barron Collier Management, LLC
General Partner
it)
By:
(Sigp,ature) Bradley Boaz, Chlef FitianciAl Officer
Authorized Agent —psuant to
a-ir)Jet.— 11/64-71-2 Statement of Authority Recorded in
(Prim Name) Official Records Book 5108, Page
/ 2218, Public Records of Collier
County,Florida
(Signature)
(Print Name)
STATE OF FLORIDA
) SS
COUNTY OF COLLIER
The foregoing instrument was acknowledged before roe this day of ,
2015, by BRADLEY BOAZ, Chief Financial Officer pursuant to Statement of Authority Recorded in
Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
Management, LLC, General partner of Barron Collier Partnership, LLP, who is personally known to me
or who has produced as identification.
(SEAL)
(Signature of Notary.Public—State of FL)
Print Name: s
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Witnesses: Barron Collier Partnership,LLLP
By: Barron Collier„Ivlanagemenf,TL C
General ParThet J 7
[z4 L i 1�'L:L By. �t
(Signaru e) Douglas E.Baird,Sr.Vice President
/✓ G0 / Authorized Agent pursuant to
a/r)?, la- , Statement of Authority Recorded in
(Print Name) ' ., Official Records Book 5108, Page
f 2218, Public Records of Collier
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(Signature)
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(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this 13o day of ---", ,
2015, by DOUGLAS E. BAIRD, Senior Vice President pursuant to Statement of Authority Recorded in
Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
• Management, LLC, General partner of Barron Collier Partnership, LLP, who is per o,n,lly knoe r to me
or who has produced _.. as identification.
(SEAL) = -^— -
(Signature of li tary Public—State of FL)
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Exhibit B
SECOND AMENDMENT TO
ESCROW AGREEMENT
(BCE/BCP SSA 10)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the day of
, 2015, by and between Collier County, a political subdivision of the
State of Florida ("County"), BARRON COLLIER PARTNERSHIP, LLLP, a Florida
limited liability limited partnership, successor by merger to Barron Collier Investments,
Ltd., a Florida limited partnership, by Articles of Merger filed December 30, 2013, and
recorded January 6, 2014, in Official Records Book 4998, Page 865, of the Public Records
of Collier County, Florida, (hereinafter "Owner"), and Cheffy Passidomo, P.A., (the "Escrow
Agent").
RECITALS
WHEREAS, Collier County, Barron Collier Partnership, LLP, and Barron Collier
Investments, Ltd., and Escrow Agent entered into an Escrow Agreement on March 10, 2009, as
amended by the First Amendment to Escrow Agreement dated February 25, 2014, pertaining to
the Stewardship Sending Area designated as BCI/BCP SSA 10;
WHEREAS, due to the change in economic conditions in the State of Florida the Barron
Collier SRA has been delayed and the parties wish to amend the Escrow Agreement dated March
10, 2009, as amended by the First Amendment to Escrow Agreement dated February 25, 2014,to
extend certain dates.
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 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 Owner:
a. An approved SRA for the Barron Collier SRA which requires the exchange of
Stewardship Credits from BCI/BCP SSA 10 for the additional residential and
non-residential entitlements; and
b. All necessary final and non-appealable local, state and federal permits other
than a plat, site development plan or building permit, necessary to construct
Words struck 441-Feugh are deleted and words underlined are added.
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3/10/2015 16.A.8.
the Barron Collier 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 in the recitals are not delivered to
the Escrow Agent on or before March 10, 2014 2018, this Escrow Agent
Agreement shall terminate and the original Documents shall be returned to
Owner. If a challenge and/or appeal of 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 March 10, 2009, as amended by
the First Amendment to Escrow Agreement dated February 25, 2014, 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 shave the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
(Remainder of Pagd y ieA... Left Blank.)
Words struck through are deleted and words underlined are added.
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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 COUNTY, FLORIDA
COLLIER COUNTY CLERK OF COURTS
By: By:
Tim Nance, Chairman
APPROVED as to Form and Legality:
By
Scott A. Stone, Assistant County Attorney
WITNESSES: ESCROW AGENT:
CHEFFY PASSIDOMO, P.A.
Printed Name:
R. Bruce Anderson
Printed Name: Date:
Words struck c-t#feugh are deleted and words underlined are added.
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Witnesses: Barron Collier Partnership, LLLP
By: Baron Collier Management, LLC
General Partner
By:
(Signature) Bradley Boaz, Chief Financial Officer
Authorized Agent pursuant to Statement
of Authority recorded in Official Records
(Print Name) Book 5108, Page 2218,Public Records of
Collier County, Florida
(Signature)
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this day of February, 2015,
by Bradley Boaz, Chief Financial Officer pursuant to Statement of Authority recorded in Official
Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
Management, LLC, General Partner of Barron Collier Partnership, LLLP, who is personally known
to me or who has produced as identification.
NOTARY SEAL]
(Signature of Notary Public—State of Florida)
Printed Name:
Words stfteak4h-Feugh are deleted and words underlined are added.
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Witnesses: Barron Collier Partnership, LLLP
By: Baron Collier Management, LLC
General Partner
By:
(Signature) Douglas E. Baird, Sr. Vice President
Authorized Agent pursuant to Statement
of Authority recorded in Official Records
(Print Name) Book 5108, Page 2218, Public Records of
Collier County, Florida
(Signature)
(Print Name)
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this day of February, 2015,
by Douglas E. Baird, Sr. Vice President pursuant to Statement of Authority recorded in Official
Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier
Management, LLC, General Partner of Barron Collier Partnership, LLLP, who is personally known
to me or who has produced as identification.
[NOTARY SEAL]
(Signature of Notary Public—State of Florida)
Printed Name:
Words struck gh are deleted and words underlined are added.
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