Agenda 09/10/2013 Item #16A36 Proposed Agenda Changes
Board of County Commissioners Meeting
September 10,2013
Move Item 16A47 to Item 11F: Recommendation to expedite removal and replacement of approximately
380 feet of collapsing stormwater management system pipe in the Pine Ridge subdivision in an amount not to
exceed$100,000,Project Number 60126,and to approve a budget amendment. (Staff's request)
Move Item 16A48 to Item 11G: Recommendation to approve Change Order No. 1 to Contract#11-5639 in
the amount of$68,500 with TY Lin International,for"Design&Related Services for the Replacement of
CR29 Bridge(#030161)over Chokoloskee Bay" for Project No. 66066. (Commissioner Henning's request)
Continue Item 16D8 to September 24,2013 BCC Meeting: Recommendation to award Bid#13-6103 Design
and Installation Bus Wrap Decals to ABC Bus, Inc. (Staff's request)
Move Item 16D17 to Item 11H: Recommendation to approve the acceptance of State Housing Initiatives
Partnership(SHIP) Program FY 13/14 allocation in the amount of$567,140 and sign the Fiscal Year 2013-
2014 Funding Certification. (Commissioner Fiala's request)
Move Item 16A35 to Item 111: Recommendation to adopt a Resolution amending Resolution 2008-
331, relating to the Stewardship Sending Area with a designation as"CDC SSA 14"; approving the extension
of certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 14
and the Escrow agreement for CDC SSA 14. (Commissioner Nance's request)
Move Item 16A36 to Item 11J: Recommendation to adopt a
Resolution amending Resolution 2008-329, relating to the
Stewardship Sending Area with a designation as "CDC SSA 15";
approving the extension of certain dates to November 18, 2023 in the
Stewardship Sending Area credit agreement for CDC SSA 15 and
the Escrow agreement for CDC SSA 15. (Commissioner Nance's
request)
Move Item 16A37 to Item 11K: Recommendation to adopt a Resolution amending Resolution 2008-330,
relating to the Stewardship Sending Area with a designation as"CDC SSA 16"; approving the extension of
certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 16 and
the Escrow agreement for CDC SSA 16. (Commissioner Nance's request)
Note:
Item 16A24 should read: Recommendation to request that the Florida Department of Transportation
(FDOT)erect destination guide signs on Interstate 75(1-75)at Exit 101 (Collier Boulevard)and-at Exit 105
(Golden Game Pafkway)designating the community of East Naples.
Items 16A35, 16A36 and 16A37: relating to amending Resolutions 2008-329,2008-330,and 2008-331 to
extend dates in CDC SSA 14,CDC SSA 15 and CDC SSA 16: the last sentence of the resolutions should read:
This Resolution adopted after motion,second and majority vote,this _day of ,2013. (County
Attorney's office request)
Time Certain Items
Item 11A to be heard at 10:00 a.m.
Item 11B to be heard at 10:45 a.m.
9/10/2013 9:16 AM
9/10/2013 16.A.36.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2008-329,relating to the Stewardship
Sending Area with a designation as "CDC SSA 15"; approving the extension of certain dates to
November 18, 2023 in the Stewardship Sending Area credit agreement for CDC SSA 15 and the
Escrow agreement for CDC SSA 15.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to
amend Resolution 2008-329, which established Stewardship Sending Area (SSA) Fifteen
conditionally for a five-year period, to allow for that conditional period to be extended for an
additional ten years to November 18, 2023. If the extension is not approved, SSA 15 will expire
on November 18, 2013. 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 November 18, 2008, the Board during an advertised public hearing
adopted Resolution 2008-329, which designated 5,259 acres in the Rural Lands Stewardship
Area (RLSA) Overlay as "CDC SSA 15", approved a credit agreement for CDC SSA 15,
approved an easement agreement for CDC SSA 15, 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. In the interim, the applicant
recorded, in the public records, a notice of interim restrictions. The creation of the Stewardship
Receiving Area (SRA) for the Town of Big Cypress 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 ten years until November 18, 2023.
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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9/10/2013 16.A.36.
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 15 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 15
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. - HFAC
STAFF RECOMMENDATION: That the Board adopts the resolution amending the Escrow
agreement and the Credit agreement for SSA #15, extend those agreement conditionally for an
additional ten 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 Land Use
Limitations
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9/10/2013 16.A.36.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.36.
Item Summary: Recommendation to adopt a Resolution amending Resolution 2008-329,
relating to the Stewardship Sending Area with a designation as "CDC SSA 15"; approving the
extension of certain dates to November 18, 2023 in the Stewardship Sending Area credit
agreement for CDC SSA 15 and the Escrow agreement for CDC SSA 15.
Meeting Date: 9/10/2013
Prepared By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
8/12/2013 2:40:07 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 8/21/2013 12:19:04 PM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 8/21/2013 4:04:09 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/22/2013 7:57:30 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8'23/2013 4:20:37 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/26/2013 3:56:52 PM
Name: KlatzkowJeff
Title: County Attorney
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9/10/2013 16.A.36.
Date: 8/27/2013 11:19:05 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 8/27/2013 5:11:24 PM
Adook
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9/10/2013 16.A.36.
RESOLUTION NO. 2013-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION 2008-
329, RELATING TO THE STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "CLH AND CDC SSA 15";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2023 IN THE STEWARDSHIP SENDING AREA
CREDIT AGREEMENT FOR CLH AND CDC SSA 15 AND THE
ESCROW AGREEMENT FOR CLH AND CDC SSA 15.
WHEREAS, on November 18, 2008, the Board of County Commissioners created a
Stewardship Sending Area with a designation of"CLH and CDC SSA 15" and entered into a
Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an
Escrow Agreement with Collier Land Holdings, Inc. and CDC Land Investments, Inc.; and
WHEREAS, Collier Land Holdings, Inc. and CDC Land Investments, Inc., represented
by Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA, has requested an
extension to certain time frames to November 18, 2023 in the Stewardship Sending Area Credit
Agreement for CLH and CDC SSA 15 and the Escrow Agreement for CLH and CDC SSA 15;
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 CLH and CDC SSA
15, attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for CLH and CDC SSA 15, attached
hereto as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and super-majority vote, this day of
, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORID:;
By: By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
8/05/13 1 of2
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9/10/2013 16.A.36.
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 - Amendment to Stewardship Credit Agreement for CLH and CDC SSA 15
Exhibit 2 - Amendment to Escrow Agreement for CLH and CDC SSA 15
CP\13-CPS-01236\6
8/05/13 2 of 2
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9/10/2013 16.A.36.
FIRST AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH and CDC SSA 15)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
C 4h day of �j to }. , 2013, by and between COLLIER COUNTY, a political
subdivision of the` 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") and CDC Land Investments,
LLC, a Florida Limited Liability Company ("CDC") 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,?008 for the CLH and CDC SSA 15 land;and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement("CLH and CDC SSA 15")on November 18, 2008("Agreement"); 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:
I. Paragraph 8 of the Stewardship Sending Area Credit Agreement(CLH and CDC SSA 15)
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 or approve, any increase in the
density or any additional uses beyond those specified in this Agreement. One
thousand eight hundred and twenty six and nine tenths (1826.9)acres of the lands
subject to this Agreement are within a Habitat Stewardship Area (HSA) and twc
thousand one hundred and ninety eight and five tenths (2,198.5)acres of the lands
subject to this Agreement are within a Flow Way Stewardship Area (FSA) and
one thousand two hundred and twenty two, three tenths (1,222.3) acres of Water
Retention Area (WRA) and eleven and two tenths (11.2) acres are designated
open as depicted on the RLSA Overlay Map, officially entitled "Collier County
1
Words underlined are added and words are deleted.
_--- --- Packet Page -656-
9/10/2013 16.A.36.
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 18,2023
unless the CLH and CDC SSA 15 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 and CDC SSA 15 or any SRA.
2. Except as amended herein,the Agreement shall remain in full force and effect.
{Remainder of Page Intentionally Left Blank}
2
Words underlined are added and words struck-0mi are deleted.
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9/10/2013 16.A.36.
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 COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwomen
ATTEST:
DWIGHT E. BROCK, Clerk
By:
APPROVED as to Form and
Legal sufficiency:
Heidi Ashton-Cicko,Assistant County Attorney
WITNESS: COLLIER LAND HOLDINGS, LTD.
A Florida Limited Partnership
By: Collier Enterprises, Inc.a
(Signature) Florida Corporation,
It's General Partner
/4(Print full name) By: 'At LJ/!L
Printed Name:
7,0772e--X- 6.• LcJ r
/'7a-4�' _ Title: '['w Pres.
rc ccL
(Signature)
o5;,,) 4 /91 4ex, e
(Print full name)
Words underlined are added and words struck thru are deleted.
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9/10/2013 16.A.36.
%1! %_.4.....r......, CDC Land Investments, LLC
(Signature) a Florida Limited Liability Company
Ad A 1 'l• v.c) C-y By: CDC Land Investments,Inc., a
(Print full name) / Florida Corporation its manager
Printed Name: a-1-,-ie k L. Li -b{t „
.c- <:_- Title: \j , r cs r c.
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sendjus. Area Credit Agreement was executed before me
this f day of t`'S}— , 2013, by a-- .-«k L.l,1 s vice, �I"
of Collier Enterprises, Inc., the general partner of Collier Land Holdings, LTD. Said person is
personally known to me or has produced as identification. , , '
71 _ /. 4.......
No.. Public A
0.4;:, DEBORAH A BROWN Name: E f�o 2 W�1 f R o w►J
;,r: �• .. MY COMMISSION II EE 843929
.���.*a EXPIRES:October 16,2016
4:4- ; Bonded Tnru Notary Public Undetwrllers
4
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me ,
this l9+1^-day of wa Sr ,- 2013,by ��rtc..\1- L. U{{e,r, as 5'►c.e� ... 1--e._ ol.e_.-0.._.\--
of CDC Land Investments, Inc., the manager of CDC Land Investments, LLC. Said person is
personally known to me or has produced as identification.
N ry Public '''''.1 i :LeiZ4P'S'''''''
[. .............±.....i•"a. Name: 1.=Yt.®�aq.41, t- • k-, o u..)t'L 1 N r EE8va�� ber 16,igys.„ ` BonPubre Uri
4
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9/10/2013 16.A.36.,
EXHIBIT
FIRST AMENDMENT TO
ESCROW AGREEMENT
(CLH and CDC SSA 15)
This AMENDMENT TO ESCROW AGREEMENT is made as of the crth day of
�4 kSk , 2013 by and between Collier County, a political subdivision of the State of
Florida("County"), Collier Land Holdings,Ltd.,a Florida Iimited partnership("CLH")and CDC
Land Investments, LLC, a Florida Limited Liability Company ("CDC") 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 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 and CDC SSA 15; and
WHEREAS, COLEMAN, YOVANOVICH & KOESTER, P.A. is the successor in
interest to Goodlette, Coleman,Johnson, Yovanovich&Koester, P.A.; 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:
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 CLH and CDC:
a. An approved SRA for the Town of Big Cypress which requires the
exchange of Stewardship Credits from CLH and CDC SSA 15 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 Town of Big Cypress consistent with the
provisions of Section 4.08.07 of the Collier County Land
Development Code;and
1
Words struck-tbru are deleted and words added are underlined.
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9/10/2013 16.A.36.
4414
In the event the approvals referenced above in the recitals are not delivered to the
Escrow Agent on or before November-1-8r2013 November 18, 2023,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 is 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. Paragraph 10 of the Escrow Agreement is amended in its entirety to read as follows:
Representation: The County acknowledges and agrees that
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A.
COLEMAN, YOVANOVICH & KOESTER, P.A. represents CLH and
may continue to do so while serving as Escrow Agent and notwithstanding
any present or future dispute arising under this Agreement. The parties do
not object to such services by • • • - ad - _e -_ . . a !' .e
e -' e - = e = - • ' COLEMAN, YOVANOVICH &
KOESTER P.A. as Escrow Agent and such representation of CLH by
GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER,
1 COLEMAN, YOVANOVICH & KOESTER, P.A. in this and other
matters, and agree that such service and such representation does not
adversely affect the independent professional judgment of G891316
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A.
COLEMAN, YOVANOVICH & KOESTER, P.A. on behalf of any such
party or the ability of GOODLETTE, COLEMAN, JOHNSON,
YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH &
KOESTER, P.A. to adequately represent the interest of any such party.
4. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in
full force and effect.
S. 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)
2
Words are deleted and words added are underlined.
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9/10/2013 16.A.36.
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:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
COLLIER COUNTY CLERK OF COURTS
By: By:
Georgia A. Hiller, Esq., Chairwomen
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
k c
By: 4
Heidi Ashton-Cicko,Assistant County Attorney
WITNESS: COLLIER LAND HOLDINGS, LTD.
A Florida Limited Partnership
- - 470 - By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
(� it's General •artne
By:
(Print full name) Printed Name: ! L. ,r
7-1e1-47
Title: \/',�Proms
(Signature) '
CDC Land Investments, LLC
viceee_Af XI/6.oe/ A Florida Limited Liability Company
(Print full name) / By: CDC and Investmen c. its manager
etg 0
BS:
Printed Name:-1-r� �j,c.t r
Title: \1►c,_ �ret,al.
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9/10/2013 16.A.36.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this q' day of t- *
2013, by44,mic _ Lt.lfGr, as
�C`D +�NGZ��R.N'.�- of Collier Ente rises, Inc.,
General Partner of Collier Land Holdings, LID, said person being p 11 known to me or
produced as identification.
`� t.. OEBORAHA.BROWN . 56•`' MY OMISSION iEE 843929 Notary Public
•� EXPIRES:October 16.2016
Ber,eearbnrtlowyr urwlerw ,e Name: 6--4o0.AJf- 14 , tt,o w A)
Certificate No.EE S 4 3425
My Commission expires: to - G -.2.0>tA
STATE OF FLORIDA
COUNTY OF COLLIER
Amok
The fore oing Escrow Agreement was executed before me this q'"day of 1
2013,by rick C.. (fit-fie✓ ,as of CDC Land Inve rents,Inc.,
the manager of CDC Land Investments,Inc.,the manager of CDC Land Investments,LLC., said
person being personally know to me or produced as identification.
- \ DEBORAH&BROWN 67. eve)40-w-74---,
_ - .; MY COMMISSION EE 843929 ota Public
' -:1;-'�° EXPIRES:October 16, 4
•8441,'^ Bonded Thru Notary Pubic U,Merwiters Name:Dom" �/� !f . �JU
Certificate No. EE 94-39 a..€3
My Commission expires: d -t c, -2.0 1,6
ESCROW AGENT:
COLEMAN, YOVANOVICH &KOESTER, P.A.
By: Richard D. Yovanovich,Esq.
Its: v•.& ?,4 .s•cle-)
Date: 1c1 I3
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9/10/2013 16.A.36.
FIRST AMENDMENT TO
NOTICE OF INTERIM LAND USE LIMITATIONS
(CLH and CDC 15)
This AMENDMENT TO NOTICE OF INTERIM LAND USE RESTRICTIONS is made as
of the 41-01. day of ,2013 by Collier Land Holdings,Ltd.,a Florida limited partnership
("CLH") and CDC Land Investments, LLC, a Florida Limited Liability Company("CDC").
RECITALS
WHEREAS, On November 18, 2008, Collier County, CLH. and CDC entered into a
Stewardship Sending Area Credit Agreement, A Stewardship Easement Agreement and Escrow
Agreement(collectively"SSA Agreements")pertaining to the Stewardship Sending Area designated
as CLH and CDC 15; and
� (T agreed in accordance with the SSA Agreements, CLH and CDC agreed to the
elimination of land use layers and implementation of land use management measures during the term
of the Escrow A greement: and
WHEREAS.CL,I I and CDC recorded a Notice of Interim Land Use Limitations in OR Book
4457, Page 1903 of the Public Records of Collier County:. and
WHEREAS, CLII and CDC desire to amend the Notice of Interim Land Use Restrictions.
NOW THEREFORE,F following :
E ORE. CLH and CDC provide notice of the tollowmL, changes.
1. 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. One Thousand eight hundred
twenty six and nine tenths(1.826.9)acres of the lands subject to this Agreement are within a
Habitat Stewardship Area(I ISA)and two thousand one hundred ninety eight and five tenths
(2.198.5) acres of the lands subject to this Agreement are within a Flow Way Stewardship
Area (FSA) and one thousand two hundred twenty two and three tenths (1.222.3) acres of
Water Retention Area (WRA) and eleven and two tenths (11.2) acres are 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 Novembef 1S,2413 November 18,2023 unless the
CLH and CDC SSA 15 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
Words stuck thru are deleted and words underlined are added.
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9/10/2013 16.A.36.
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 and CDC SSA 15 or any SRA.
2. Except as amended herein,the Notice of Interim Land Use Limitations recorded in OR Book
4457, pages 1903. through 1920 remains in full force and affect.
3. This Agreement shall be recorded in the Public Records of Collier County.
•
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Amok
Words stuck thru are deleted and words underlined are added.
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9/10/2013 16.A.36.
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: COLLIER LAND HOLDINGS, LTD.
A Florida Limited Partnership
By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
it's General Partner
By
(Print full name) Printed Name: ,a-re,cr:. L. LL(, Le.
Title: \),c t_ r
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Notice of Interim Land Use Limitations was executed before me this g14—day of
, 201 3, byearr , 1:. {,e•{•t£2 . as --1-12esrt,C1Qr of Collier
Enterp es. Inc., General Partner of Collier Land Holdings, LTD, said person being personally_
known to me or produced as identification.
Notary Public
�*'•h%''•. DEBORAH A BROWN
Name: e t3oAA-u a w +J
% MY COMMISSION NEE843929 ` Certificate No. `.E= ?44-.34
?%•��..;��
EXPIRES:October 76,201fi 4
"to ; Bonded firuNotafy ublicuntlenvnters My Commission expires: to - 1 G. - I4
3
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9/10/2013 16.A.36.
WITNESS: CDC LAND INVESTMENTS, LLC
A Florida Limited Liability Company
By: CDC Land Investments, I c. its tanager
By:
(Signature) Printed Name: h-r.esez L.. Lt-t -Cv2._
Title: \Ftc.e Res tAE;uT
(Print full name)
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Notice of Intm Land Use Limitations was executed before me this ay of
Z-u...`-'K ,2013,by 'rQ,tr . C- , L.04-512,as 11 tc.,c� 2Esttbekt r of CDC Land
Investor ts,Inc..manager of CDC Land Investments,LLC,said person bein ,42assonally knawn
to me or produced as identification.
erg Lam{,' (4,..4
Notary Public --�
trEeoRrwaeRO Name C)gj 44 � , tt w n%
i �A .r_ MY COMMISSION M EE 843929
EXPIRES:October 16,2016 Certificate No. E. L 44-3 qa9
zio to, Bonded Thru Notary Pubic Underwrtters
My Commission expires: l0 - 14. --lotl-
4
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