Agenda 09/23/2014 Item #16A 89/23/2014 16.A.8.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2010 -29, relating to the Stewardship
Sending Area with a designation as "Sunniland Family SSA 12 "; approving the extension of certain
dates to February 9, 2018 in the Stewardship Sending Area credit agreement for Sunniland Family
SSA 12 and the Escrow agreement for Sunniland Family SSA 12.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to
amend Resolution 2010 -29, which established Stewardship Sending Area (SSA) Twelve
conditionally for a five -year period, to allow for that conditional period to be extended for three
additional years to February 9, 2018. If the extension is not approved, Sunniland Family SSA 12
will expire on February 9, 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 February 9, 2010, the Board during an advertised public hearing
adopted Resolution 2010 -29, which designated 4,793.5 acres in the Rural Lands Stewardship
Area (RLSA) Overlay as "Sunniland Family SSA 12 ", approved a credit agreement for
Sunniland Family SSA 12, approved an easement agreement for Sunniland Family SSA 12,
approved an escrow agreement, and established the number of Stewardship Credits generated by
the designation of said Stewardship Sending Area.
LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA application
and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits
granted, and the stewardship easement applicable to such lands, shall be provided to the Collier
County Property Appraiser and the applicant, and shall be recorded within 30 days by the
applicant in the public records. The applicant proposed to hold the easement in escrow and to
record the easement when all permits and authorizations had been obtained for the proposed
Alico Stewardship Receiving Area (SRA), which was to occur by February 9, 2015, or the
Sunniland Family SSA Credit Agreement and Stewardship Easement Agreement were to be null
and void. In the interim, the applicant recorded, in the public records, a notice of interim
restrictions. The creation of the Alico Stewardship Receiving Area has been delayed due to the
prolonged economic recession and the attached Resolution would amend the existing credit and
escrow agreement to extend the SSA an additional three years until February 9, 2018.
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
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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 12 is designed to utilize the stewardship credits from this SSA to partially enable the
development of the proposed Alico SRA. Accordingly, the applicant for SSA 12 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. The
Owner will pay for recording of the Amendment of Land Use Limitations.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is
needed for Board approval. - HFAC
STAFF RECOMMENDATION: That the Board adopts the resolution amending the Escrow
agreement and the Credit agreement for Sunniland Family SSA 412, extend those agreements
conditionally for an additional three years and accept the amended notice of restrictions.
Prepared by: Mike Bosi, AICP, Director, Department of Planning and Zoning Services
Attachments: Exhibit "A" — Resolution and Agreements; Exhibit `B" Amendment to Notice of Land Use
Limitations
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9/23/2014 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to adopt a Resolution amending Resolution 2010 -29,
relating to the Stewardship Sending Area with a designation as "Sunniland Family SSA 12 ";
approving the extension of certain dates to February 9, 2018 in the Stewardship Sending Area
credit agreement for Sunniland Family SSA 12 and the Escrow agreement for Sunniland Family
SSA 12.
Meeting Date: 9/23/2014
Prepared By
Name: BosiMichael
Title: Director - Planning and Zoning, Comprehensive Planning
8/27/2014 8:50:50 AM
Approved By
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 8/28/2014 10:22:09 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 9/2/2014 4:38:01 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/8/2014 9:30:52 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 9/9/2014 9:21:51 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 9/9/2014 7:33:36 PM
Name: KlatzkowJeff
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Title: County Attorney,
Date: 9/10/2014 3:01:32 PM
Name: OchsLeo
9/23/2014 16.A.8.
Title: County Manager, County Managers Office
Date: 9/13/2014 1:45:24 PM
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FIRST AMENDMENT TO
NOTICE OF INTERIM LAND USE LIMITATIONS
(Sunniland Family SSA 12)
THIS AMENDMENT TO NOTICE OF INTERIM LAND USE RESTRICTIONS is made as of
the as+ day of Aur"o-ST , 2014, by Sunniland Family Limited Partnership, a Florida
limited partnership (hereinafter "Owner ").
RECITALS
WHEREAS, on February 9, 2010, Collier County and Owner entered into a Stewardship
Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement
(collectively the "SSA Agreements ") pertaining to the Stewardship Sending Area designated as Sunniland
Family SSA 12; and
WHEREAS, in accordance with the SSA Agreements, Owner agreed to the elimination of land
use layers and implementation of land use management measures during the term of the Escrow
Agreement; and
WHEREAS, Owner recorded a Notice of Interim Land Use Limitations in Official Records Book
Book 4546, Page 667, of the Public Records of Collier County, Florida; and
WHEREAS, Owner desires to amend the Notice of Interim Land Use Restrictions.
NOW THEREFORE, Owner provides notice of the following changes:
1. Section 4 of Exhibit B of the Notice of Interim Land Use Restrictions is hereby amended to read as
follows:
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 ep rcent (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 on February 9, 2414� 2018 unless the
Sunniland 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 pen-nits 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
Words strtok-thfu are deleted and words underlined are added.
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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 the Sunniland SSA 12 or any SRA.
2. Except as amended herein, the Notice of Interim Land Use Limitations recorded in Official Records
Book 4546, Page 667 through 678 remains in full force and effect.
3. This Amendment shall be recorded in the Public Records of Collier County, Florida.
[Remainder of Page Intentionally Left Blank]
Words st-Fuek t4u are deleted and words underlined are added.
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IN WITNESS WHEREOF, the Owner has executed this First Amendment to Notice of Interim Land Use
Limitations by its duly authorized officers or representatives and its official seals hereto affixed the day
and year first written above.
Signed, sealed and delivered in SUNNILAND FAMILY LIMITED
the presence of PARTNERSHIP, a Florida limited partnership
By: SUNNILAND PARTNERS, LLC, a
Florida limited liability company
Witness:
Its: General Partner
Witness:- e�I c r c r- t•
r✓
By: _
Aliese P. Priddy, its Managing Member,.
E
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this °day of ej ft 4 3' 3014
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 ,��'�` aV-
as identification.
Notary Public
Print
My Commission Expires:
EsaDEME PASTOR
mnydWWcot' MMISSION �EE/98146
NS: OCT 16, 2015
oL0 tat St ate kWnnce
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RESOLUTION NO. 2014-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION 2010 -29
RELATING TO THE STEWARDSHIP SENDING AREA WITH A
DESIGNATION AS "SUNNILAND FAMILY SSA 12 ";
APPROVING THE EXTENSION OF CERTAIN DATES TO
FEBRUARY 9, 2018 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, Sunniland Family Limited Partnership, represented by Clay Brooker,
Esquire of Cheffy, Passidomo, PA, has requested an extension to certain time frames to February
9, 2018 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 first amendment to the Stewardship Credit Agreement for Sunniland Family
SSA 12, attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for Sunniland Family SSA 12,
attached hereto as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this _ day of
.2014.
ATTEST:
DWIGHT E. BROCK, CLERK
LON
Deputy Clerk
[14 -CMP- 00929/1109693/1] 32 —Rev. 8/14/14
SSA Extension — Sunniland Family
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1 of 2
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TOM HENNING, Chairman
9/23/2014 16.A.8.
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachments:
Exhibit I — First Amendment to Stewardship Credit Agreement for Sunniland Family SSA 12
Exhibit 2 — First Amendment to Escrow Agreement for Sunniland Family SSA 12
[14 -CMP- 00929/1109693/1] 32 — Rev. 8/14/14 2 of 2
SSA Extension — Sunniland Family
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FIRST AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(Sunniland Family SSA 12)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment ") is made and entered into this
day of , 2014, 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, 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 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:
Paragraph 8 of the Agreement 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 five -(5) eight 8 years
from its effective date 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
Words str-uek thfu are deleted and words underlined are added.
Page 1
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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 stfee hr--a are deleted and words underlined are added.
Page 2
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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.
ATTEST:
DWIGHT E. BROCK, Clerk
M. ,
Deputy Clerk
APPROVED as to Form and Legality:
(r,4-
Heidi Ashton -Cicko
Managing Assistant County Attorney
Page 3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
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Exhibit i
FIRST AMENDMENT TO
ESCROW AGREEMENT
(Sunniland Family SSA 12)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the day of
, 2014, by and between Collier County, a political subdivision of the State of
Florida ( "County"), 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; 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 dated February 9, 2010 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 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 pfese-ntment 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 by
Owe:
i. a: 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. 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
Alico SRA Land consistent with the provisions of Section 4.08.07 of the Collier
County Land Development Code.
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.
Words 4FEiek thFu are deleted and words underlined are added.
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In the event neither of the apprevals -r-efeFeneed above in this seetien are net deliV°r- °a to the
Eserev Agent two events occur on or before February 9, 2414 2018, this Escrow Agreement 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 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 str-uek thfu are deleted and words underlined are added.
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Escrow
Agreement by their duly authorized officers or representatives and their official seals hereto affixed the
day and year first written above.
%MIN
COLLIER COUNTY CLERK OF COURTS
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk I TOM HENNING, CHAIRMAN
APPROVED as to Form and Legality:
By:
Heidi Ashton -Cicko
Managing Assistant County Attorney
WITNESSES: �
Witness:c', c
Witness:
ESCROW AGENT:
CHEFFY PASSIDOMO, P.A.
Clay C. Brooker, Partner
Date:'`
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SUNNILAND FAMILY LIMITED
PARTNERSHIP, a Florida limited partnership
By: SUNNILAND PARTNERS, LLC, a
Florida limited liability company
Its: General Partner
'PABy:
Aliese P. Priddy, its Managing Mein r
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this a.Sw day of .2014
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
as identification.
Notary Public
Print
My Commission Expires:
DEANNE PASTOR
MY COMMI ON #EE188146
EXPIRES: OCT 16, 2015
° Bonftd through 1st SWe ItNimm
4
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