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Backup Documents 02/27/2018 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A10 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 / 4. BCC Office Board of County (-}S4- Commissioners J1 2-2- /o 5. Minutes and Records Clerk of Court's Office C� 11040 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/Zoning Phone Number 252-6819 Contact/ Department Agenda Date Item was 2-27-18 ✓ Agenda Item Number 16.A.10 Approved by the BCC Type of Document Resolution and agreementsNumber of Original 1 ✓- Attached c `, ��I Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not A plicable column,whichever is Yes N/A(Not appropriate. , \ (Initial) Applicable) 1. Does the document require the chairma s original s gnature? mb 2. Does the document need to be sent to a other ncy 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 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 2-27-18 and all changes made 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 //� i ',4K4ftfl. ' BCC,all changes directed by the BCC have been made,and the document is ready for the r - eLeigicsloo.t Chairman's signature. ' _ t. - C (` 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 16A10 Martha S. Vergara From: Martha S. Vergara Sent: Friday, March 02, 2018 4:46 PM To: Bosi, Michael Subject: Resolution 2018-27 (BCI/BCP - SSA 10) Attachments: Resolution 2018-027.pdf Hi Mike, Attached for your records is a scanned copy of the referenced document. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 16A10 RESOLUTION NO. 2018-27 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2009-58, AS AMENDED BY RESOLUTION 2014-37, AS AMENDED BY RESOLUTION 2015-40, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCl/BCP SSA 10"; APPROVING THE EXTENSION OF CERTAIN DATES TO MARCH 10, 2021 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR BCl/BCP SSA 10. WHEREAS, on March 10, 2009, the Board of County Commissioners created a Stewardship Sending Area with a designation of "BCl/BCP 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, on March 10, 2015 the Board of County Commissioners adopted Resolution 2015-40 to approve the extension of certain time frames to March 10, 2018 in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for BCl/BCP SSA 10; and WHEREAS, Barron Collier Partnership LLLP has requested a third extension of certain time frames to March 10, 2021 in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for BCUBCP 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 Third Amendment to the Stewardship Sending Area Credit Agreement for BCI/BCP SSA 10, attached hereto as Exhibit"A", is hereby approved. 2. The Third Amendment to the Escrow Agreement for BCI/BCP SSA 10, attached hereto as Exhibit"B", is hereby approved. [18-CMP-00998/1389613/1] 2/6/18 16 A11 This Resolution adopted after motion, second and majority vote, this a7' day of ,10.r.,a� , 2018. �n�nr ATTEST: -- .,, BOARD OF 4 TY •OMMISSIONERS DWIGHT-E. BROCK,CLEI K COLLIER •UNTY, ' �i DA By: �� � _1.. By: _ �� Deputy.Cl: v, p Chairman's Solis, Chairman Appro ed as to form an• eggaiy e only. Scott A. Stone a/�O f' Assistant County Attorney Attachments: Exhibit A—Third Amendment to Stewardship Credit Agreement for BCl/BCP SSA 10 Exhibit B—Third Amendment to Escrow Agreement for BCI/BCP SSA 10 [18-CMP-00998/1389613/1] 2/6/18 (i) Exhibit A 1 6 A 1 IJ THIRD AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI/BCP SSA 10) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this cr) day of tac r Oct c, , 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 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 address is 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of extending certain dates. WITNESSETH: WHEREAS, Barron Collier Partnership, LLLP, and Barron Collier Investments, Ltd., submitted, and the County reviewed, a SSA Designation Application filed with the County on March 8, 2007, for the BCl/BCP SSA 10 land; and WHEREAS, the County and Barron Collier Partnership, LLLP, and Barron Collier Investments, Ltd., entered into a Stewardship Sending Area Credit Agreement (`BCl/BCP SSA 10") on March 10, 2009 ("Agreement"); and WHEREAS, the Agreement was amended by the First Amendment to Sending Area Credit Agreement on February 25, 2014, as amended by the Second Amendment to Sending Area Credit Agreement on March 10, 2015; and WHEREAS, due to the ongoing process with the Federal government to establish a Habitat Conservation Plan applicable to the property, 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 (BCI/BCP 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 or approve, any increase in the density or any additional uses beyond those specifically authorized in this Agreement. Ninety- Words struck thru are deleted and words underlined are added. Page 1 16A10 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 on March 10, 2018 March 10, 2021 unless the BCI/BCP SSA 10 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. 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 BCl/BCP SSA 10 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 16 A10 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to Stewardship Sending Area Credit Agreement 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 C• MISSIONERS COLLIER C• I TY, F0 ' IDA By: - Ai 4," _, .,. ., • . • 417 O 47 HAIRMAN em ATTEST: �W ;. n„ DWIGHT BROCK, Clerk B � y. .atAMMO Attest-asto Chairman's , I eputy C lar - signature only. APPR VED as to Form and Le.ality: Scott Stone, Assistant County Attorney ,kt, c?H $ Page 3 16A10 WITNESS BARRON COLLIER PARTNERSHIP,LLLP a Florida limited liability partnership / ci cif a L(, ( 014,Gv (Signature) By: Barron Collier Management, LLC A a Florida limited liability company !"1 if I yl /l' /1 Ol R v Gh Its: General Partner (Print Full Name) By: 4.0.11,1 WITNESS: Printed Name: F✓'ad[G y L 4 't-'1- Its: G.F© (Signature) Bradley E.Stockham (Print Full Name) STATE OF COUNTY OF W``e( The foregoing instrument was ac owled ed before this O day of �C11 �y g ,201$by t F OU as C (title), on behalf of Baron Collier Management, LLC, a Florida limited liability company, as General Partner of BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personally known to me or who has p oduced as identi if a ion. •.l _- s. Seal] �'�/11r [Notary Notary Public ......... Austin David Howell Print Name •�=COMMISSION A 07,207 952018 My Commission Expires: � EXPIRES: MAY 07,2018 ,'� BONDED THRU ai.i.o�, 1st FLORIDA NOTARY,LLC Page 4 (AO 16 A 19 WITNESS BARRON COLLIER PARTNERSHIP,LLLP a Florida limited liability partnership AAAJA‘ jai ' p (Signature) By: Barron Collier Management, LLC a Florida limited liability company r f(y 1 1 ct (11 n I Nrn Its: Ge eral Partner (Print Full Name) By: WITNESS: Printed Name: , �� :� 1• ' 1 .4.414 +rc CE Its: 6Os (Signature) Bradley E.Stockham (Print Full Name) STATE OF COUNTY OF C Ve( The foregoing instrument was acknowledged before me this 30 day of ,2016 by g(IQ(\ G p\ as COO (title), on behalf of aron Collier Management, LL , a Florida limited liability company, as General Partner of BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personally known to me or who has produced as ide t` cation. [Notary Seal] afr Notary Public ?o�►�Y?o, Austin David Howell Print Name a'� ��CohiMrsSroN#FF120795 My Commission Expires: pil tea` EXPIRES: MAY 07,2018 BONDED THRU 1st FLORIDA NOTARY,LLC Page 5 16 A 10 Exhibit B THIRD AMENDMENT TO ESCROW AGREEMENT (BCl/BCP SSA 10) THIS AMENDMENT TO ESCROW AGREEMENT is made as of the D:7*- -day of TL O q , 2018, by and between Collier County, a political subdivision of the State of Florids-1"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 Comity, Florida, (hereinafter"Owner"), and Cheffy Passidomo,P.A., (the"Escrow Agent''). RECITALS WHEREAS, Collier County, Barron Collier Partnership, LLLP, 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 and as amended by the Second Amendment to Escrow Agreement dated March 10, 2015, pertaining to the Stewardship Sending Area designated as BCl/BCP SSA 10; and WHEREAS, due to the ongoing process with the Federal government to establish a Habitat Conservation Plan applicable to the property,the 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 and as amended by the Second Amendment to Escrow Agreement dated March 10, 2015 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 Owner: a. An approved SRA for the Barron Collier SRA which requires the exchange of Stewardship Credits from BCl/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 the Barron Collier SRA consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code; and Words struck thru are deleted and words underlined are added. 1 16A10 In the event the approvals referenced above in the recitals are not delivered to the Escrow Agent on or before March 10, 2018 2021 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 and as amended by the Second Amendment to Escrow Agreement dated March 10, 2015, 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. 2 1 f) 16A10 IN WITNESS WHEREOF, the parties hereto have executed this Third 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 , FLO' A COLLIER COUNTY CLERK OF COUR S BY: It .moi BY: Attestlitot hairmes, e epu!y Cl:; AND SOLI'., HAIRMAN signature only. APPROVED as to Form an. egality: By: e;11 I ,j Scott Stone, Assistant County Attorney WI E 71:2.= , ESCROW AGENT: /, .1 CHEFFY PASSIDOMO, P.A. fitness: "Gr l, 0 A 1� t Clay C. Brooker strk' Its: ShI oci/n(3Eri/'Fn4-7nE� Date: 1/51/8 3 16A10 WITNESS BARRON COLLIER PARTNERSHIP, LLLP a Florida limited liability partnership 0 (Signature) By: Barron Collier Management, LLC a Florida limited liability company Pr I f C y I ((/( ( I V(A Its: General Partner (Print Full Name) By: 64 WITNESS: Printed Name: bradfey A.73 ? Its: (irO 7 c�' (Signature) Bradley E.Stockham (Print Full Name) STATE OF V., COUNTY OF CA \\ ec The foregoing instrument was acknowledged before me this 0 day of lCtf'tua ,20lsby g' C. V (title), as d on behalf df Baron Collier Management, LLC, a Florida limited liability company, as General Partner of BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personally known to me or who has produced as identification. [Notary Seal] roti, If•;l Notary Public .. Print Name to�C? % o -, Austin David Howell _• .% COMMISSION#FF120795 �;_ .�i..�.po EXPIRES: MAY 07,2018 My Commission Expires: BONDED,, ... 1st FLORIDA NOTARY LLC 4 1 6 A 1 0 WITNESS BARRON COLLIER PARTNERSHIP, LLLP a Florida limited liability partnership (Signature) By: Barron Collier Management, LLC a Florida limited liability company Pr y l(q M 0 )(VG Its: General Partner (Print Full Name) By: 11P.v. WITNESS: Printed Name: i4 c Ad(( Its: V,e,6 (Signature) Bradley E. Stockham (Print Full Name) STATE OF fli COUNTY OF C `\\k C The foregoing instrument was acknowledged before me this ) day of OCI ,201tby tic &c r\ as Ott) (title), on behalf df Baron Collier Management, LUQ, a Florida limited liability company, as General Partner of BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personally known to _In e or who has produced as is -ntificati en. [Notary Seal] gf /witEmo�1 1/ Notary ' blic Austin David Howell Print Name COMMISSION#FF120795 9•.4..:4(.WIRES: MAY 07,2018 My Commission Expires: 4,t7r�.a�` BONDED THRU '''..,,,,,, 1st FLORIDA NOTARY,LLC 5