Agenda 09/23/2014 Item #16A 99/23/2014 16.A.9.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2013 -199, which amended Resolution
2008 -331, relating to the Stewardship Sending Area with a designation as "CLH SSA 14 ";
approving the extension of certain dates to November 18, 2017 in the Stewardship Sending Area
credit agreement for CLH SSA 14 and the Escrow agreement for CLH SSA 14.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to
amend Resolution 2013 -199, which extended Stewardship Sending Area (SSA) 14 conditionally
for an additional one -year period, to allow for that conditional period to be extended for an
additional three -years to November 18, 2017. If the extension is denied, SSA 14 will expire on
November 18, 2014.
CONSIDERATIONS: 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/Eastem 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.
On November 18, 2008, the Board during an advertised public hearing adopted Resolution 2008-
331, which designated 1,713.5 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "
CLH SSA 14 ". Additionally the Resolution approved a credit agreement for CLH SSA 14,
approved an easement agreement for CLH SSA 14, 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 Town of Big
Cypress SRA, which was to occur by November 18, 2013, or the SSA Credit Agreement and
Stewardship Easement Agreement were to be null and void.
At the September 10, 2013 BCC Public Hearing, the Board adopted Resolution 2013 -199, which
extended the conditional period for SSA 14 an additional year to November 18, 2014. The
applicant had sought a ten -year extension, citing the creation of the Stewardship Receiving Area
(SRA) for the Town of Big Cypress (the development the credits from SSA 14 have been
designated to entitle) 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 14 for
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9/23/2014 16.A.9.
an additional three - years. The attached Resolution would amend the existing credit and escrow
agreement to extend the SSA an additional three -years until November 18, 2017.
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 14 is designed to utilize the stewardship credits from this SSA to partially enable the
development of the proposed Town of Big Cypress SRA. Accordingly, the applicant for SSA 14
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 SSA #14, extend those agreement 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.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to adopt a Resolution amending Resolution 2013 -199,
which amended Resolution 2008 -331, relating to the Stewardship Sending Area with a
designation as "CLH SSA 14 "; approving the extension of certain dates to November 18, 2017 in
the Stewardship Sending Area credit agreement for CLH SSA 14 and the Escrow agreement for
CLH SSA 14.
Meeting Date: 9/23/2014
Prepared By
Name: BosiMichael
Title: Director - Planning and Zoning, Comprehensive Planning
8/27/2014 8:50:11 AM
Approved By
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 8/28/2014 10:22:00 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 9/2/2014 4:51:19 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/8/2014 9:30:39 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 9/9/2014 9:21:43 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 9/9/2014 7:36:10 PM
Name: KlatzkowJeff
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Title: County Attorney,
Date: 9/10/2014 3:01:20 PM
Name: OchsLeo
9/23/2014 16.A.9.
Title: County Manager, County Managers Office
Date: 9/13/2014 1:44:28 PM
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9/23/2014 16.A.9.
RESOLUTION NO. 2014-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION 2008-
331, RELATING TO THE STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "CLH SSA 14 "; APPROVING THE
EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2017 IN
THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
AND THE ESCROW AGREEMENT FOR CLH SSA 14.
WHEREAS, on November 18, 2008, the Board of County Commissioners created a
Stewardship Sending Area with a designation of "CLH SSA 14" and entered into a Stewardship
Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement
with Collier Land Holdings, Ltd.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013 -199, the Board of County
Commissioners approved the extension of certain dates to November 18, 2014 in the
Stewardship Sending Area Credit Agreement and the Escrow Agreement for CLH SSA 14; and
WHEREAS, Collier Land Holdings, Ltd., represented by Richard Yovanovich, Esquire
of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to
November 18, 2017 in the Stewardship Sending Area Credit Agreement for CLH SSA 14 and the
Escrow Agreement for CLH SSA 14; 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 CLH SSA 14,
attached hereto as Exhibit 1, is hereby approved.
2. The second amendment to the Escrow Agreement for CLH SSA 14, 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
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
7/10/14 1 of
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9/23/2014 16.A.9.
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 — Second Amendment to Stewardship Credit Agreement for CLH SSA14
Exhibit 2 — Second Amendment to Escrow Agreement for CLH SSA 14
CP \14 -CMP- 00930 \7
7/10/14 2 of 2
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SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH SSA 14)
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
COLLIER LAND HOLDINGS, LTD., a Florida Limited Partnership ( "CLH ") hereinafter
individually and jointly referred to as "Owner ", whose mailing addresses are 2550 Goodlette
Road North, Suite 100, Naples, Florida 34103, for the purpose of extending certain dates.
WITNESSETH:
WHEREAS, Owner submitted, and the County reviewed, a SSA Designation
Application filed with the County on May 27, 2008 for the CLH SSA 14 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement ( "CDC SSA 14 ") on November 18, 2008 ( "Agreement "); and
WHEREAS, on September 10, 2013, the County approved an amendment to the
Agreement to extend certain dates by one year; and
WHEREAS, due to the change in economic conditions in the State of Florida the
review and approval of the Town of Big Cypress 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 (CLH SSA 14) is
amended to read as follows:
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. Six
hundred sixty five and two tenths (665.2) acres of the lands subject to this
Agreement are within a Habitat Stewardship Area (HSA) and one thousand forty
eight and two tenths (1,048.2) acres of the lands subject to this Agreement are
within a Flow Way Stewardship Area (FSA) and one tenth (0.1) acres of Water
Retention Area (WRA) depicted on the RLSA Overlay Map, officially entitled
"Collier County Rural and Agricultural Area Assessment Stewardship Overlay
Words underlined are added and words stmol, thmigh ar a deleted.
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9/23/2014 16.A.9.
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 land uses.
Notwithstanding any condition herein to the contrary, this Agreement and the
Stewardship Easement shall terminate on November- ' 8, 2014 November 18, 2017
unless the CLH SSA 14 Stewardship Credits have been exchanged for the Town
of Big Cypress SRA, and the Town of Big Cypress 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 Town. 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
CLH SSA 14 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
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
NO
Deputy Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
2
Words underlined are added and words &V-a l -are deleted.
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WITNESS:
(Signature)
(Print full name)
( Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
9/23/2014 16.A.9.
COLLIER LAND HOLDINGS, LTD.,
A Florida Limited Partnership
By: Collier Enterprises, Inc. a
Florida Corporation,
it's Gener Partner
By:
Printed Name: ..-
Title:
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before, me this
tJ5 '*tay of 2014, by a,-�, :c.lc. L. u +� -cy-as 1�►e st.�� of
Collier Enterprises, Inc, general partner of Collier Land Holdings, Ltd., said person being persnnttLy
tnnmm to me or produced as identification.
M 14 -CMP- 00930 \9
My'CON► MION o EE OMM
E*gRE:S:October 16, 2D16
9ontle6TlYU Nafety Pubic
=j
Notary Public
Printed Name -2�t e koC'v -a- r•-
Words underlined are added and words °*-���. ; -are deleted.
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9/23/2014 16.A.9.
=A"IYIt i
SECOND AMENDMENT TO
ESCROW AGREEMENT
(CLH SSA 14)
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 "), COLLIER LAND HOLDINGS, LTD., a Florida limited partnership
( "CLH ") and COLEMAN, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent'), as
Successor to Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.
RECITALS
WHEREAS, Collier County, Collier Land Holdings, Ltd. and Goodlette, Coleman,
Johnson, Yovanovich & Koester, P.A. entered into an Escrow Agreement on November 18, 2008
pertaining to the Stewardship Sending Area designated as CLH SSA 14; and
WHEREAS, Coleman, Yovanovich & Koester, P.A. is the successor in interest to
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.; and
WHEREAS, on September 13, 2013, the County approved an amendment to the
agreement to extend certain dates by one year; and
WHEREAS, due to the change in economic conditions in the State of Florida the Town
of Big Cypress SRA has been delayed and the parties wish to amend the Escrow Agreement
dated November 18, 2008 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:
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 CLH:
a. An approved SRA for the Town of Big Cypress which requires the
exchange of Stewardship Credits from CLH SSA 14 for the
additional residential and non - residential entitlements; and
b. All necessary final and non - appealable development orders,
permits, or other discretionary approvals necessary to construct the
Town of Big Cypress consistent with the provisions of Section
Words underlined are added and words strUsk through-are deleted.
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9/23/2014 16.A.9.
b. All necessary final and non - appealable development orders,
permits, or other discretionary approvals necessary to construct the
Town of Big Cypress 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'`Tevember- 19, 2014 November 18, 2017, this Escrow
Agreement shall terminate and the original Documents shall be returned to CLH
and CDC. If a challenge and/or appeal of a necessary development order, permit
or other discretionary approval are filed, CLH, CDC 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 CLH and CDC, CLH and
CDC 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 November 18, 2008 remains in
full force and affect.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment Escrow
Agreement 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
fM
Deputy Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
2
Words underlined are added and words stFuGk thFOUgh -are deleted.
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WITNESS:
(Signature)
\6 47x- -'M
(Print full name)
(Signature) %
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
9/23/2014 16.A.9.
f
COLLIER LAND HOLDINGS, LTD.,
A Florida Limited Partnership
By: Collier Enterprises, Inc. a
Florida Corporation,
it' Gener 1 P er
By.
Printed Name: e.
Title: c
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before
me this �s'�day of , uAA i, 2014, by �� Eck l.. Ui4ey , as
y,r e,rea.,, of Collier Ent rises, Inc. general partner of Collier Land Holdings,
Ltd., said person being personally known to me or produced as
identification.
" "' DEBt)AAFI A. td KM
No 'Public
rarer "EE 8s Printed Name:
��,�E%PIRES: 0CftW 16, 2016
6onded7lruHdacyf�CUedervxYerc
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard p. Yovanovich, Esq.
Its: 11 -.e. Fr4j -AW '--
Date: t t :r l s
CPU 4 -CMP- 00930\ 10
3
Words underlined are added and words stFusk through are deleted.
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SECOND AMENDMENT TO
NOTICE OF INTERIM LAND USE LIMITATIONS
(CLH SSA 14)
This AMENDMENT TO NOTICE OF INTERIM LAND USE RESTRICTIONS is made as
of the c95*4day of =T�j, 2014 Collier Land Holdings, Ltd., a Florida limited partnership
("CLH').
RECITALS
WHEREAS, On November 18, 2008, Collier County and CLH entered into a Stewardship
Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement
(collectively, "SSA Agreements ") pertaining to the Stewardship Sending Area designated as CLH
SSA 14; and
WHEREAS, in accordance with the S SA Agreements, CLH agreed to the elimination of land
uses layers and implementation of land use management measures during the term of the Escrow
Agreement; and
WHEREAS, CLH recorded a Notice of Interim Land Use Limitations in OR Book 4457,
Page 1896 of the Public Records of Collier County; and
WHEREAS, on September 1.0, 2013 the County approved the First Amendment to the
Notice of Interim Land Use Limitations.
WHEREAS, CDC desires to amend the Notice of Interim Land Use Restrictions.
NOW THEREFORE, CDC provides notice of the following changes:
Section 4 of Exhibit B 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 nor approve, any increase in the density or any
additional uses beyond those specified in this Agreement. Six hundred sixty five and two
tenths (665.2) acres of the lands subject to this Agreement are within a Habitat Stewardship
Area (HSA) and one thousand forty eight and two tenths (4,048.2) acres of the lands subject
to this Agreement are within a Flow Way Stewardship Area (FSA) and one tenth (0.1) acres
of Water Retention Area (WRA) 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 land uses. Notwithstanding any condition herein to
the contrary, this Agreement and the Stewardship easement shall terminate on November 18,
2014 2O 1" unless the CLH SSA 14 Stewardship Credits have been exchanged for the Town
of Big Cypress SRA, and the Town of Big Cypress 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 Town. All affirmative
Words sti mk thri, are deleted and words underlined are added.
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9/23/2014 16.A.9.
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 CLH SSA 14 or any SRA.
2. Except as amended herein, the Notice of Interim Land Use Limitations recorded in OR Book
4457, pages 1896 through 1902 remains in full force and affect.
3. This Amendment shall be recorded in the Public Records of Collier County, Florida.
(Remainder of Page Intentionally Left Blank)
Words st, wk t#r, - are deleted and words underlined are added.
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9/23/2014 16.A.9.
IN WITNESS WHEREOF, the parties hereto have executed this Notice of Interim Land Use
Limitations by their duly authorized officers or representatives and their official seals hereto
affixed the day and year first written above.
WITNESS:
(Signature)
(Print full name)
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
COLLIER LAND HOLDINGS, LTD.
A Florida Limited Partnership
By: Collier Enterprises, Inc. a
Florida Corporation,
it's General Partner
By �•
Printed Name:
Title: �F;c
The foregoing Notice of Interim Land Use Limitations was e4 ecute before me this+' `day of
Zu 1. , 2014, by 1�a�._ �c.k -1...- , as `t «e..mss rte}- of Collier
Enterpris , Inc., the general partner of Collier Land Holdings, Ltd., said person beingpergo_t}�11y_
know to me or produced as identification.
" �rDBORM K BROINM
AI`I CoAN+IISSION A EE 643929
!- EXPIRES: October 16, 2016
Bonded Thru Notary Pubk L#W& mft8%
Notark Public
Name' e✓ Ut> R-pr 14 4 .: I w wJ
Certificate No. EE `d 39 Lct
My Commission expires: Q Ice t
Words std are deleted and words underlined are added.
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