Agenda 09/10/2013 Item #16A37 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-E*it 105
(Golden Cate-Pawkway)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.37.
EXECUTIVE SUMMARY
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.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to
amend Resolution 2008-330, which established Stewardship Sending Area (SSA) Sixteen
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 2008-330, which designated 2,876.2 acres in the Rural Lands Stewardship
Area (RLSA) Overlay as "CDC SSA 16", approved a credit agreement for CDC SSA 16,
approved an easement agreement for CDC SSA 16, 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
Packet Page -668-
9/10/2013 16.A.37.
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 16 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 16
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 #16, 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
Packet Page -669-
9/10/2013 16.A.37.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.37.
Item Summary: 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.
Meeting Date: 9/10/2013
Prepared By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
8/12/2013 2:46:38 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 8/20/2013 4:51:55 PM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 8/21/2013 4:02:28 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/22/2013 7:56:12 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 4:20:45 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/26/2013 3:57:01 PM
Name: KlatzkowJeff
Title: County Attorney
Packet Page -670-
9/10/2013 16.A.37.
Date: 8/27/2013 11:19:19 AM
ANINIk
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 8/27/2013 5:01:35 PM
Packet Page -671-
9/10/2013 16.A.37.
RESOLUTION NO. 2013-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS 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.
WHEREAS, on November 18, 2008, the Board of County Commissioners created a
Stewardship Sending Area with a designation of"CDC SSA 16" and entered into a Stewardship
Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement
with Collier Land Holdings, Inc.; and
WHEREAS, Collier Land Holdings, 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 CDC SSA 16 and
the Escrow Agreement for CDC SSA 16; 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 CDC SSA 16,
attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for CDC SSA 16, 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. BROCIJ. CLERI: COLLIER COUNTY. FLORID!.
By: By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
8/05/13 1 of 2
Packet Page-672-
9/10/2013 16.A.37.
Approved as to form and legality: Amok
Heidi Ashton-Cicko
Assistant County Attorney
Attachments:
Exhibit 1 -Amendment to Stewardship Credit Agreement for CDC SSA16
Exhibit 2 - Amendment to Escrow Agreement for CDC SSA 16
CP\13-CPS-01236\7
Amok
8/05/13 2 of 2
Packet Page -673-
9/10/2013 16.A.37.
GAB KIWI
FIRST AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CDC SSA 16)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into
this 6111' day of - \ug t , 2013, 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 CDC Land Investments, Inc., 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, 2008 for the CDC SSA 16 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area
Credit Agreement("CDC SSA 16")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:
1. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CDC SSA 16) 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 no seek or request. and the County shall not grant or approve, any
increase ir the density or any additional uses beyond those specified in this
Agreement. Two thousand seven hundred and nine tenths (2,700.9) acres of
the lands subject to this Agreement are within a Habitat Stewardship Area
(HSA) and one hundred and sixty three and six tenths (163.6) acres of the
1
Words underlined are added and words struck thru are deleted.
Packet Page-674-
.._.__.......
-- -- 9/10/2013 16.A.37.
lands subject to this Agreement are within a Flow Way Stewardship Area
(FSA) and eight and seven tenths (8.7) acres of Water Retention Area(WRA)
and three (3.0) acres are designated Open 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 land uses. Notwithstanding any
condition herein to the contrary, this Agreement and the Stewardship
Easement shall terminate on November 18, 2013 November 18, 2023 unless
the CDC SSA 16 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 CDC SSA 16 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 stFuel,,--dtpa are deleted.
Atikok
Packet Page -675-
9/10/2013 16.A.37.
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: CDC LAND INVESTMENTS, INC.
A Florida Corporation
By:
(Signature) Printed Name: A-7--R, 4}.1-
/ Title: \it C_ff ?r 1.e--o,
(Print full name)
(Signature)
(Print full name)
Words underlined are added and words struck thru are deleted.
Packet Page-676-
9/10/2013 16.A.37.
Amok ,
STATE OF FLORIDA
COUNTY OF COLLIER
The f_ .oreooing Amendment to Stewardship Sending Area Credit Agreement was executed before me
this day of A�c .�s,- , 2013, by 19-ro2.ck L. Le+fav, as \AEG T3es,otQ..ki-
of CDC Land Investments, Inc., said person being personally known to me or
produced as identification.
44,441.4...eLki LAC •4°-s"-+._
:�^'. DEBORAH A BROWN Notary Public
tai; MY COMMISSION i EE 843929 �� w J '
3 s EXPIRES:October 16,2016 Name Q b104w id
`%;p�tir Bonded Thru Notary Pubic Underwriters
Amok
4
Packet Page-677-
9/10/2013 16.A.37.-
EXHIBIT
FIRST AMENDMENT TO
ESCROW AGREEMENT
(CDC SSA 16)
This AMENDMENT TO ESCROW AGREEMENT is made as of the Cf-ih day of
, 2013 by and between Collier County, a political subdivision of the State of
Flori a ("County"), CDC Land Investments, Inc., a Florida corporation ("CDC") and
COLEMAN, YOVANOVICH & KOESTER,P.A.,(the"Escrow Agent").
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 CDC SSA 16; 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 CDC:
a. An approved SRA for the Town of Big Cypress which requires the
exchange of Stewardship Credits from CDC SSA 16 for the
additional residential and non-residential entitlements; and
c. 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 underlined are added and words sl4-th u are deleted.
Packet Page -678-
-- 9/10/2013 16.A.37.
In the event the approvals referenced above in the recitals are not delivered to the
Escrow Agent on or before November 18, 2013 November 18, 2023, this Escrow
Agreement shall terminate and the original documents shall be returned to CDC.
If a challenge and/or appeal of a necessary development order, permit or other
discretionary approval is filed, 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 CDC, 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 CDC 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 GOODLETTE, COLEMAN, JOHNSON,
YOVANOVICH & KOESTER, P.A. COLEMAN. YOVANOVICH &
KOESTER, P.A. as Escrow Agent and such representation of CDC by
.. . _ w _ . _ . ._.. .. * . r
P.A. 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
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A.
COLEMAN, YOVANOVICH & KOES IER, P.A. on behalf of any such
party or the ability of GOODLETTE, COLEMAN, JOHNSON,
YOVANOVICH & KOESTER, F.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.
5. 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 underlined are added and words st ru are deleted.
Packet Page -679-
9/10/2013 16.A.37.
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:
By: .-i
Heidi Ashton-Cicko, Assistant County Attorney
WITNESS: CDC Land Investments, Inc.
A Florida Corporation
�� Ij) ��'-�� By: r..�L� .� it v
(Signature) Printed Name: Arid r CA. L• i.�
Title: \ctce.:Rc- s i be u
(Print full.name)
(Signature) /ft
(Print full name)
Packet Page -680-
9/10/2013 16.A.37.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executedlbfore me this y' day of tcYs�
2013,by A e1ex L. (Aft wit ,as U L t i~ +72.est of 0-of CDC Land Investor tts,Inc.,
said person being personally known to me 2Lproduced as identification.
DEBORAH ABROWN of ry Public
■r � ;.? MY COMM #
.�� EXPIRES:ISS OctobION er EE 16843929,20196 Name: „3fikAi a , , i'dvit)
Bonded T ru Notary Public Undatwriters
Certificate No. Ei= S 4.3 qz 9
My Commission expires: lo - t a -ac, •
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: RicharAI D. Yovanovich, Esq.
Its: v•u
Date: 8\91,1
Packet Page -681-
9/10/2013 16.A.37.
FIRST AMENDMENT TO
NOTICE OF INTERIM LAND USE LIMITATIONS
(CDC SSA 16)
This AMENDMENT TO NOTICE OF INTERIM LAND USE RESTRICTIONS is made as
of the 9'01 day of Av.tls t- . 2013 by CDC Land Investments, Inc., a Florida Corporation
("CDC").
RECITALS
WHEREAS, On November 18, 2008. Collier County and CDC entered into a Stewardship
Sending Area Credit Agreement, a Stewardship Easement Agreement and Escrow Agreement
(collectively "SSA Agreements") 2008 pertaining to the Stewardship Sending Area designated as
CDC SSA 16: and
WHEREAS, in accordance with the SSA Agreements, CDC agreed to the elimination of
land use layers and implementation of land use management measures during the term of the Escrow
Agreement; and
WHEREAS, CDC recorded a Notice of Interim Land Use Limitations in OR Book 4457,
Page 1921 of the Public Records of Collier County; and
WHEREAS, CDC desires to amend the Notice of Interim Land Use Restrictions.
NOW THEREFORE, CDC provides notice of the following 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. Two thousand seven hundred and
nine tenths (2.700.9) acres of the lands subject to this Agreement are within a Habitat
Stewardship Area (HSA) and one hundred sixty three and six tenths (163.6) acres of the
lands subject to this Agreement are within a Flow Way Stewardship Area(FSA) and eight
and seven tenths (8.7) acres of Water Retention Area (WRA) and three (3.0) acres arc
designated as open 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 it
violation of Sections 4.08.06 A.2 and thereafter gram or approve any exnansion o;
conversion of agricultural land uses. Notwithstanding any condition herein to the contrary,
this Agreement and the Stewardship easement shall terminate on No vel ri re.- 1-8._-2043
November" 18.20`'3 unless the CDC SSA 16 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
Words stuck thru are deleted and words underlined are added.
Packet Page -682-
9/10/2013 16.A.37.
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 CDC SSA 16 or any SRA.
3. Except as amended herein,the Notice of Interim Land Use Limitations recorded in OR Book
4457, pages 1921 through 1929 remains in full force and affect.
4. This Amendment shall be recorded in the public records of Collier County, Florida.
{Remainder of Page Intentionally Left Blank}
IN WITNESS WHEREOF, the parties hereto have executed this Amendment Escrow
Words stuck thru are deleted and words underlined are added.
Packet Page -683-
9/10/2013 16.A.37.
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.
WITNESS: CDC LAND INVESTMENTS, INC.
A Florida Corporation
f' _ I,,
(Signature) Printed Name: Ar kJ c-i- L.-• Lt t
Title:
(Print full name)
(Signature)
121:444-'e,/
(Print full name) 'r
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Notice of Interim Land Use Limitations was executed before me this Q day of
• f ,2013,b} , '1Ztc,IC- L. a+/- .as \%t yes itze0-11- of CDC Land
Inves ents, Inc.. said person being personally known to me or produced
as identification.
Notary Public
4"= DEBORAH A.BROWN Name:. tr >C,a `f A. j iw
*. ilk 1.!, MY COMMISSION#EE 843929
EXPIRES:October 16,2016 Certificate No. L E. 8 3qa5
'„pd :R Bonded Thw Notary Pubic Undetwttters
My Commission expires:
3
Packet Page -684-