Agenda 06/28/2011 Item #9D
6/28/2011 Item 9.0.
EXECUTIVE SUMMARX
Discussion regarding a request to amend Stewardship Easement Agreement; Tract:
HCLRP SSA 8 as provided for in a paragraph of the Agreement. Amendment requested is
to provide Grantor the ability to withdraw the Stewardship Sending Area (SSA)
designation provided an application for such withdrawal is implemented within 6 months
of approval ofthe amendment.
OBJECTIVE: For the Board of County Commissioners to direct the County Attorney and
staff to prepare an amendment for Board approval for a Stewardship Easement Agreement:
Tract: HCLRP SSA 8. Grantor of the Easement Agreement is Half Circle L Ranch Partnership,
a Florida general partnership, whose address is 2424 Throp Road, Immokalee, Florida 34 I 42.
Grantor and Collier County entered into the Easement Agreement designating a 5299/5 acre
parcel as a Stewardship Sending Area (HCLRP SSA 8 on June 20, 2006. All of the stewardship
credits created by this SSA 8 are still in the possession of the Grantor.
CONSIDERATIONS: The reasons are set forth in the back-up material, a discussion regarding
the request to amend Stewardship Easement Agreement; Tract: HCLRP SSA 8 as provided for
in a paragraph of the Agreement. Amendment requested is to provide Grantor the ability to
withdraw the Stewardship Sending Area (SSA) designation provided an application for such
withdrawal is implemented within 6 months of the approval of this amendment.
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LEGAL CONSIDERATIONS: This item raises no legal issues, and requires majority
approval.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: After discussing the Stewardship Easement Agreement amendment
for; Tract: HCLRP SSA 8, direct staff and the County Attorney to bring back to the Board an
amendment agreement for approval.
Prepared by:
Jim Coletta
Commissioner, District 5
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6/28/2011 Item 9.0.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.0.
Item Summary: Discussion regarding a request to amend Stewardship Easement
Agreement; Tract: HCLRP SSA 8 as provided for in a paragraph of the Agreement. Amendment
requested is to provide Grantor the ability to withdraw the Stewardship Sending Area (S5A)
designation provided an application for such withdrawal is implemented within 6 months of
approval of the amendment.
Meeting Date: 6/28/2011
Prepa red By
Approved By
Name: Ian Mitchell
Title: Executive Manager. BCC
Date: 6/21/2011 11 :09:19 AM
Name: ShefjjeldMichael
Title: Manager-Business Operations, CMO
Date: 6/22/2011 8:42:39 AM
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6/28/2011 Item 9.0.
~
Request: to amend Stewardship Easement Agreement; Tract: HCLRP SSA 8 as provided for in
paragraph 15 of the Agreement. Amendment requested is to provide Grantor the ability to withdraw
the Stewardship Sending Area (SSA) designation provided an application for such withdrawal is
implemented within 6 months of the approval of this amendment.
Background: Grantor of the Easement Agreement is Half Circle L Ranch Partnership, a Florida general
partnership, whose address is 2424 Throp Road, Immokalee, Florida 34142. Grantor and Collier County
entered into the Easement Agreement designating a 5299.5 acre parcel as a Stewardship Sending Area
(HCLRP S5A-8) on June 20th, 2006. All of the stewardship credits created by this 5SA 8 are still in the
possession of the Grantor.
Impact: Today there are 16 approved SSA's within the Rural Lands Stewardship Overlay (RLSA). Nine of
the 16 SSA's were created by the companies related to the Baron-Collier Inc. to provide credits for
various existing and proposed development. Three of the 16 SSA's were created by Collier Enterprises.
The remaining 4 S5A's were created by Lake Trafford Ranch LLLP, Half Circle L Ranch Partnership, Alico
Inc., and last, the Sunniland Family Limited Partnership.
Approximately November 2008, with the submission of SSA #10 by Baron-Collier, a new method of
processing SSA's was implemented. It involved providing interim SSA standards on a proposed SSA
conditional upon successful use of the credits derived from the property where the SSA was being
applied. This was vetted through the County Attorney's office and was found to be a valid
interpretation of the intent of the Land Development Code to implement 5SA's. For a specified period
of time that was to coincide with the timing needed to implement the targeted SRA, the SSA was held in
escrow until the SRA was formally approved and "All necessary final and non-appealable local, state,
federal permits, other than plat, site development plan or building permit, necessary to construct..." the
targeted SRA were obtained.
Once the SRA was established as required, the Easement Agreement was then recorded. If the 5RA
failed to obtain the required approvals on or before a specified date, the Easement Agreement will then
be terminated and the original documents returned to the property owner.
This form of "conditional" process is in place for SSA's 10 & 13 owned by Baron-Collier; for SSA 12
owned by Sunniland Family Limited Partnership, and SSA's 14. 15 & 16 owned by Collier Enterprises.
Lake Trafford Ranch LLLP created their SSA (#7) out of the Pepper Ranch land prior to the sale of the
land to Conservation Collier and those SSA credits would not be able to benefit from a conditional
process.
As a result, out of the 16 SSA's there are only two that either have not had credits consumed by an SRA
or that are not protected as interim or "conditional" SSA's. One being SSA #8 the subject of this
requested amendment and the other SSA #11 owned by Alico Inc.
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The fairness of the new standard "conditional" process for SSA creation is obvious in today's economy.
With only one SRA existing within the entire 195,000 acre RLSA overlay. and that being Ave Maria which
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6/28/2011 Item 9.0.
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is far frDm meeting its prDjected build-Dut, the DppDrtunity fDr an independent land Dwner tD ever
realize the beneficial use Df their Stewardship Credits within any reasDnable time periDd is unlikely.
Supporting Documentation: the follDwing documents have been compiled from public records in
support of this request:
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A. HCLRP SSA #8; Stewardship Easement Agreement: paragraph 15 of this Agreement provides for
an Amendment process as herein requested.
B. Stewardship Sending Area log: this represents the most current tabulation of SSAs created tD
date. the entities creating them and other information.
C. Stewardship Easement Agreement 12 & 13: examples of the new standard Agreements and the
Escrow Agreements. In addition are the Executive Summaries supplied to the Board of County
Commissioners during the approval Df this standardized Agreement fDrm. Within the Executive
Summary under LEGAL CONSIDERATIONS, paragraph 3 details the Escrow process and ends with
the following sentence: "...The County Attorney has concluded that this process complies with
the intent of the LDC and GMP." In addition, under GROWTH MANAGEMENT IMPACT in the
same Executive Summary follDwing language is provided: "...This prDpDsed delay in the
recordation of the Easement Agreement is not expressly authDrized in the LDC; however, the
County Attorney has opined that the recording of the notice of restrictions until the easement is
recorded is consistent with the intent of the LDC."
D. Section 2 of the proposed changes to the RLSA standards: these pages reflect the new language
that was previously approved by the RLSA committee, the EAC and the CCPC for policy 1.6.1 that
recommends the new standardized conditional SSAs and a reverter clause for those SSAs
created prior to this new policy (only two SSAs would qualify for this clause, this SSA 8 and SSA
11 owned by Alico).
E. Position paper of the Eastern Collier Property Owners: dated 9-19-08 from Chefty, Passidomo,
Wilson and Johnson in support of new policy language for GMP policy to address conditional
SSAs.
F. Select pages from recent Collier County Arbitration Memorandum; page 19 of this
memorandum that was submitted in support of the County's position during a recent arbitration
hearing has as a footnote: "...These Stewardship Agreements are now typically heid in escrow
until the credits can be utilized in a new SRA...."
Summary: the RLSA is a viable long range planning tool for Collier County. During the adoption of this
overlay the credits generated from the SSAs were often referred to as the monetary exchange to make
this overlay viabie, With so few property owners and so much acreage, the opportunity to realize
significant use of stewardship credits will remain limited for those property owners who do not have the
benefit of both SSA land and SRA land. or the means to financially develop both for potentially a very
long time. Only one SRA exists after nearly 10 years and with the economic slowdown that SRA has not
achieved the success it had once expected. It is also clear that this economy will take many years to
have an impact that will create additional demand in the Rl.SA to justify the use of independent credits.
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EXHmIT C
6/28/2011 Item 9.0.
This instrumen1 prepared by:
Richard D, YDvanovich, EsquJre
Gocc'ler.e, Coleman & Jonnson,D,A.
4001 Nor:h Tamiami Trail
Sui:e 300
~~aples, FJoridn 341D3
FDI),G:'~ CG;'~T~f.,CT Tf
o 1 1605
OR: 4089 PG: 2711
STEWARDSHIP EASEMENT AGREEMENT
Tract: HCLRP SSA 8
THIS STEWARDSHIP EASEMENT is granted this 20'" day of June, 2006, by
Half Circle L Ra.1ch Partnership, a Florida general partnership, whose address is 2424
Thorp Rd., Immokalee, FL 34142. hereinafter called "Grantor" to Co!lier County, a
political subdivision of the State of Florida, and Florida Department of Agriculture and
Consumer Affairs, hereinafter collectively called the "Grantees",
RECITALS
A Grantor is the owner of approximately 5299,5 acres of land situated in
Coliier County, Florida, and more specifically described in Exhibit "A" attached hereto
and incorporated herein by reference (hereinafter "Property" or "HCLRP SSA 8").
B. Grantor and Collier County entered into a Stewardship Sending Area
Credit Agreement ('SSA Agreemerlt") dated June 20,2006. which designated the
Property 'HCLRP Stewardship Sending Area 8" ("HClRP SSA 8"). This 5299.5-acre
parcel, as legally described in Exhibit "A", has been designated as a "Stewardship
Sending Area" ("SSA") in accordance with Section 4.08.06 of the Collier County land
Development Code ("LDC"). The Property is depicted on Exhibit "B",
C, The SSA Agreement and Section 4.08,06 C.B. of the LDC requires
Grantor to provide a perpetual Stewardship Easement identifying the specific land
management measures for HCLRP SSA 8 and the party responsible for such measures.
D, in exchange for the designat/cn of the Property as SSA, the County has
granted and assigned to Grantor Seven Thousand five Hundred and Seventy Six and
Five Tenths (7,576.5) Stewardship Credits upon approval of the SSA and an additional
Two Hundred and Ninety Nine and Six Tenths (299.6) Stewardship Credits after
resto~ation is completed which, together, wili allow the Grantor to entitle nine hur.dred
eighty-four and five,tenths acres (994,5 acres) for development within the Rural Lands
Stewardship Area District.
E. The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA p,greement, (2) to
identify specific land management meas~res and the parly responsible, (3) to provide for
The enforceme:-.t of the Stewardship Easement; and (4) in the area to be restored by
G~al1tor. to provide the restoration improvements and success criteria,
NOW, THEREFORE, in conside~aiion of the designa!ion of the Property as
- Stewardship Sending area, together wah other good and valuable consideration, the
adequacy and receiD! of which are hereby acknowledged, Grar.tor hereby grants,
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OR: 6!~~!2?~ ~ I~~~," 9.0.
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Granter, its successors and assigns and shall
remain in fu'l force and eftec1 forever. it is agreed as follows:
1. The recitals and exhibits are incorporated by reference as if repeated
verbatim herein.
2. Exhibit 'C" depicts and Exhibit "0" describes the eight hundred fifteen and
zero tenths (B150) acres with HCLRP SSA 8 where the following four (4) Land Use
Layers are eliminated and the Property is henceforth prohibited from being utilized for
the following land uses. as defined in Section 4.08.06 6.4. of the LDC:
a. Residential Land Uses, also described as Land Use Layer 1.
b. General CDnditior;al Uses, also described as Land Use LaY6r 2.
c. Earth '\/lining and Processing Uses, also described as Land Use
Layer 3.
d. Recreational Uses, als.o described as Land Use Lai'er 4.
3. Exhibit "C" also depicts and Exhib,t "0" also describes the four thousand
four hundred eighty-four and five tenths (A484,5)'acres with HClRP SSA 8 where the
foliewing six (5) Land Use Layers are eliminated and the Property is henceforth
prohibited from being utilized for the following land uses, as defined in Section 4.08.06
8.4. of the LOG:
e. Residential Land Uses. also described as Land Use Layer 1.
f. General Conditional Uses, also described as Land Use Layer 2.
g. Earih Mining and Processing Uses, also described as Land Use
Layer 3
h. Recreational Uses. also described as Land Use Layer 4.
i. Agriculture - Group 1. 31s;) described as Land Use Layer 5.
j. Agriculture - Support Uses. also described as Land Use Layer 6.
4. Grantor reserves ail rights as Grantor of the Property, 100cluding the right
to engage in Uii6S of the Property that are not inconsistent with the SSA Agreement or
the i:1te~lt and purposes of this Stewardship Easement. Granlor may use HCLRP SSA 8
only for th'2 13:10 useS set forth in this paragraph:
a. Conservation, Restoration and Natural Resources Usas are
allowed on all of the Property, including the specifics thereof sat
forth In Section 40806 S.4,8 of the LDC
b. Thas; lands in HCLRP SSA 8 land depicted on Exhibit 'C" as
having had the first six (6) Land Use Layers eliminated, may also
be used br Agriculture - Group 2 (Land Use Layer 7) 25 defined
in Section 4 0806 8,-'1 of the LOC. fI.gricul:ure - Group 2 uses
cannot be cunvened tQ !\~ricultur€ - Group \ frc-m and after the
designation of such lands as a SSp.,.
c. Gr"ntor ret3:ns the right to construct and maintain farm and ranch
~cacs 10 acce::;.s its lanjs withi.:t Hie Property fer ~he purposes
reta:n8d herein.
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OR 6/28/2011 Item 9.0.
., "lVUJ ru. 'I~J
d. Grantor retains the right to engage in traditional activities on the
Property, such as, but not limited to hiking, hunting, nature
observatory and other eco-observation excursions, and other such
occasional non-destructive activi!ies.
5. The Grantees shall have the right to enjoin any activity on or use of the
Property th"t is inconsistent with this Stewardship Easement and to enforce the
restor"tion of such areas Of features of the Property that may be altered by any
inconsistent activity or use.
6. The following land management measures shall be undertaken as
HCLRP SSA 8 and the Grantor, lis successors and assigns of the fee title to the
Property shall be the party responsible for such measures;
a. On those lands within HCLRP SSA 8 on whioh Agricu~ure _
Group 2 uses are the oniy remaining agricultural uses, land
management measures will be those customarily utilized in
ranching operations in Southwest Florida. These customary
measures may include mowing, prescribed burning, mechanical
brush control ("Chopping") and other exotic and nuisance species
control. fence construction and maintenance, selective thinning of
trees, end dit:h and ranch road maintenance. In addition. for
those areas to be designated for restoration and to be restored by
Grantor. additional land management measures will be required.
The area designated for restorc;tlon which Is to be restored by
Grantor is referred to as the 'Wading Bird Restoration Area" and
depicted on Exhibit "E" and described in Exhibli "F". The
additional land management measures which are required after
restoration improvements are set forth in the Restoration Plan
described in Exhibit "G" hereof. At the expiration of all additional
land management measures required in the Wading Bird
Restoration Area, land management measures as described for all
other areas under this subparagraph shail be employed.
7. The required restoration improvements. success criteria, land
management measures and other CDmmITments of Grantor in respect to the Wading Bird
Restoration Areas are contained in the Restoration Plan,
8. Grantees shall not be responslbie for any costs or liabilities related to the
operation of or land management measures for the Property.
Q Grantor shall pElY any and all real property taxes and assessments levied
by competent authority on the Property,
-,
10. References to the LOC are to those provisions of Section 4.08.06 of the
Collier County Land Deveiopment Code in existence 2S of the date of this Stewardship
Easement Agreement and those LOC orovisions shali control as to ail rights, obligations,
implementations, entitlemems, land uses eliminated and permitted, and interpretations,
requirements, or issues relating thereto, notwithstanding any future amendments
thereto.
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Packet Page -60-
OR 6~~~~2~1.1. It:.~ :.0.
11. Enforcement of the terms and provisions of the Stewsrdship Easement
shall be at the reasonable discretion of Grantess, and any forbearance on behali of
Grantees to exercise its rights hereunder in the event oi any breach hereof by Granters,
shall not be deemed or conSlfued to be a waiver of Grantees' rights hereunder. All costs
and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms
and restrictions of this Stewardship Easement shall be bome by and recoverable egainst
the non-prevailing party in such proceedings.
',2, G~antees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not assign their
rights and obligations under this Stewardship Easement except to anether organization
qualified to hold such interests under the applicable state laws,
i 3_ If any piDVlsloii of this Stev/ardship Easement or the appl1catjon therSDf to
any person or circumstances is found to be invalid, the remainder of the provisions of
this SteWardship Easement shall not be affected thereby, so long as the purpose of the
Stewardship Easement is preserved.
14. All notices, consents, approvals or other communications hereunder shail
be in wniing and shall be deemed properly given if sent by United States certified mail,
return receipt req~Jested. addressed to the appropriate party or successor-in.interest.
15. This Stewardship Easement may be amended, altered, released or
revoked only by written agreement of both Grantor and Grantees. which shall be filed in
the Public Records of C::>i1ier County.
TO HAVE AND TO HOLD unto grantees, their successors and assigns forever,
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardsrlip casement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity l'/ith the Property,
Grantor hereby covenants With Graniees that Grantor is lawfully seized of the
Property in fee simple: that the Properly is free and cie"r of all encumbrances; th"t
Grantor h"s good right and lal'lful authority to convey this Stewardship casement; and
that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed
and will defend against the lawful c:aims of all persol1whomsoever.
iI~ WITNESS WHEREOF, the Gro;nicr r,os hereunto set its r,ard and seal the 2C"
day of June, 2006.
. .;1~
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6/28/2011 Item 9.0.
OR: 1V~~ fG: ,JIJ
GRANTEE'S ACCEPTANCE OF STEWARDSHIP EASEMENT
\!JITNESS
FLORIDA D:::PARTMENT OF .A.GRICUL TURE
AND CONSUMER AFFAIRS
By ~JJ1
pri,;t Name _1-.$:t<E 6:-jf~lf::t- ..,{, \
fj's l)~-- ~-oF:/i.{~.vt/t:.-f'I~U
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I\!ame .J
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Signa:Jre 0'
State of Florida . C' C A \
Coul~ty 01 . _I. C:t.J.U
".,f The forcgoi'){l S~ewardship EaSem,en! AgrC9montl1:,' S exeG,uted beiore me this
;)1'11_; day of -'-,~..U~_.U., 2006, by ':-,Ir'"'1d..t!-.c:- ;',.;,A.U1j1C-! ..1)"7. .J, as
iQ.-.L..7i rFA ,.,1 f7""1u.-"lior the Florida Department of Ag,'iGulture and Consumer
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Aopraved as to form and
l~gal sufficiency
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Steven Griffin . '-U
ft.ssistant County Attorney --../
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OR. 6~~~/J2~~1. It~~;.D.
30f'.RD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B:.r
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Frank Halas, Chairman
i:',1 J ~:: j :
rr.:TI=:";j ~~ -0~::C\~, CLEPJ<
b~.C~J'c~bC
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Ol\.6/~~~~0:~ /t~~17.D.
WITNESS
HALF CIRCLE L RANCH PARTNERSHIP
a Florida general partnership
Att"'JJ. _~,>,d
Dane T. Scofield t/
Its ,-",
By: rzA ;:r;;.. 1ft:;!/'
Michael K. Scofield r
Its
C (+-('1--0 L S/A.tA'tiIILA..-
Name /
!J/,....~vl/ /b.--.-(~
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By:
I
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State of Floricia
County of Collier
The foregoing St€fd'EhiP Sending Area Credit Agreement was executed before me
~'2S day - k ;\:P;uL ,2006, by Dane T Scofield and Michael K Scofield, as
, ~ --::L..f) fe~~e Half Circle (\a~~hiP
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J me:
Certificate No.
My Commission Expires:
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6/28/2011 Item 9.0.
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Page 1 of 105
EXECUTIVE SUMMARY
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Recommendation to authorize the Chairm3n to sign a resolution designating 4l793.5 acres
in the Rural Lands Stewardship Area (RLSA) as Sunniland Family Limited Partnership
SSA 12 ("Sunniland Family SSA 12"), approving a credit agreement for Sunniland Family
SSA 12, approving an easement agreement for Sunniland Family SSA 12, approving an
es.crow __"j;.!:!'c_ment for Sunniland Family SSA 12, and establishing the number of
StewardshIp Credits generated hy the designation of said Stewardship Sending Area in
response to an application by Sunniland family Limited Partnership, a Florida limited
partnership.
~
OBJECTIVE: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area Zoning Overlay District \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 O"erlay as the implementing regulation for the Gro,,'!h Management Plan
amendments known broadly as the "RuraJiEastem Lands Amendments" which were dcvcloped
in response to Administration Commission Final Order .\;0. AC99-002 which required a "Rural
and Agricultural Assessment", The Land Development Code (LDC) was amended to include
Section 4.08.00 entitled, "Rural Lands Stewardship ,'.rea Zoning Overlay District Standards and
Procedures." This application hy Sunniialld Family Limited Partnership, a Florida limited
partnership, is a proaclive measure to further enhance the environmental value of this area by
removing land use layers and by dedicating purt;t'llS of the Sunniland Family SSA 12 area for
restoration aClivit;es. The renwval of land lIse layers and the dedication of portions for
restoration aClivities would result in the award of i 4.S0), I Stewardship Credits upon approval of
the SSA. and an additional 8.7,; ].6 Stewardship Credits af1cr restoration is completed,
CONSIDERATIONS: Thi, Designation Application i200S-AR-131S2) proposes a Stewardship
Sending Arca consisting of(4, ;'Ij,) acre~located in the RLSA On all 4,793,) acres (100,0%)
land use layers] -6 wouid be removed lO .Agriculture - Group :2 (Ag~2). SSA 12 is strategically
located immediately north of and contiguous to tne Rig Cypre;:;s National Preserve and within the
Area of Critical State Concern (ACSCI, The legal descriptions have heen checked and the
acreage verified as Correcl.
The permanent removal of these more intensiVE lanu use layers will protect natural resources and
agricultural activities as envisioned in the RLSA OverJay, including the protection of a 'vvide
variety of endangered species, such as the Florida pal1lher. Florida hlack bear. Big Cypress fox
squirrel. wading birds, Florida sandhill cranes. reptiles, amphibians, and iisted plant species such
as air plants and various orchids occurring within SSA 12, SSA ] 2 provides a major bendit for
Florida panther conservation sirnply by protecting lile bnd and limiting future land uses 10
passive agricultural 3ctivities (e.g., cattle graz.ing) within the panther core popu12.tion. The
proposed Restoration Prograr;l for SSA ] ~ includes a restoration program that \\!ill restore and
perpetually manage 2,] 82.9 acres fDf reslnrmion (If the noV\"way functions within tbe
OkaJoacoochee Slough via the breaching and./ur partial !Tl1lo\"al of old drainage features (dikes,
canals, etc.). This flOV,'\'\'81' restoration 'Sill enhance w:.Jter conveyance (i.e., sheet flow) over a
range of hydrolclgic ccmditions, and will aL"i\ provide hydrologic benefits to offsitc areas such as
the FIl'rido Panther :--Jational Wildlife Eduge and the Big Cypress National Preserve that
Packet Page -67-
6/28/2011 Item 9.0.
. .........' .......'J '-^, .....v.v
currently receive less sheet flow as compared to pre-settlement conditions. The potentiaJa(j~ 105
Land Use Layers 7-8 land uses on 4,793.5 acres will remain.
4.08.06 B.4.b Land Use Matrix (P=Permitted; A=Accessory; CU= Conditional Use)
(Laver 1) (Laver 2 (Laver 3} Laver 4 (Laver 5) !Layer 6) (Layer 7) !Laver 8)
Residential General Earth Mining Agriculture Agriculture Agriculture Iconservalion.
land Uses Conditional pnd f_ccreational Group' . Support Uses Group 2 Restoration and Natural
Uses Processing Uses Resources
~ses
Slngle-ram~y Family care IExcavation, Golf courses Crop raising; J:"arm labor housing Unlmprovedpa~lure Wildlifemanagemenl,
dwelling, in:1 iacilities(p) extraclionor andlorgo~ horticul(ure;fruit (A) andgrazing,toreslry plant and wildlife
mobile home (P earthmininga!'ld driYingranges andrlwt (P) COrlservancies, refuges
lrelatectprocessing (CU) production; and sanc!uaries (P)
andproductron grn"'''nc~'ri'::1
CU) Improl'edpasture
(P) ,
Mabileoomes CollectIOn and Aspnalllc and Sports An<maib<ee",g IReJausalOOffreSh, RanChing; livestock Water management,
[(PI In MH transfersttes.lor concretebalch instructional (other than Unprocessed raising (P) groundwaterTecharge(P)
Overlay; (A) as resource recovery making planlS(CU) schools and livestock),raising agricuhura!products:
lernooraryuse) (CU) camps (CU) training, slabling ~grown pnmanlyon
r h,
kennelmg(P) pmperty(A}
Private Ve!erinaryClinic ISDortmgand Dalryrng, Retaiiplanl nursenes Hunting cabins (eU) Restoration, mITigation (P)
boathouses 8rld !CUI Recreational beekeeping: (CUI
docks on take, CJmps(CU) poultry and egg
canal or pmduction;milk
waterway lots produclion(P)
A)
~ecreational IChila care centers rq"CUllorelor Packingnooseor Cul:u;8;,eduGailcnal, Water supply, well fields
facihlieslntegralandad:Jltday alive similaragrictJltural orrecrealional (P); oil and gas
toresldenMI are species (P) and nOr)- processingollarm facililies and lheir exploration (P)
f:d",,,pmoo,, ,"ctorn alive specIes (CU) products produced relaledmodesof
c,g,golf n tra~spor1lng
ourse, I the property (A) participants, viev.l=r~
clubhouse, rrpatronS:lour
commumty operationS,sud1as,
irJ!nlmbuiiding bu1nol limited lO
land tennis I airbOilts, swamp
Ifaciiitles, parks, buggies,horsesand
~Iaygrounds similarmociesof
" tran~ron'-lllon (CU)
Iplayllelds (A)
I Gueslhous€s Zoc,aquanum, I The commercia! Sawmills (eV) I Excallatlon and IboardWal'~' "tore I",Is
AI aviary,bctanlG.'31 pmducti8n,raisingor re:ateopro:€ssmg IPI
garden,orottler breeding or exotic lincidentalto Ag(A)
similar uses (CU) ammals(CU)
Churches and I Wholesalereplile Natural resources not
other places cf breeding and ratSin~ Qlherwise listed (P)
wcrship(CU) f-
non-venomcus(P)
andvenomous(CU)
Communlcat;ons Essential seNices (P and
towers (P)(CU) CU)
Sociaiand Oil and gas field
Fratemal develcpmentand
organizations I procuct:or' (eU)
cUI I
I IPnV8le ianding I
smpslorqelleral
aVlallon (eU) ,
CemelerieslCU:1
,
isc:nooiS (CU) I I i I
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~'rouo ca'e I I I I
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aC'iii1es,ALF i
CUl I
i I : L.____~__
2
Packet Page -68-
6/28/2011 Item 9.0.
. ~~, ......., j .." "-'-' 'V
The removal of land use layers yields Stewardship credits measured on a per acre fb"!rrls3i:sf 105
calculated as follows: Natural Resource Index Value x (times) a factor representing all layers
removed. The removal of Land Use Layers ]-6 yields a factor of 0,9.
The cumulative table of all base credits generated in SSA 12 is shown in Exhibit F of the Credit
Agreement and summarized below. Staff has reviewed and agrees with the calculation of credits
generated by the removal of these land use layers and the Natural Resource Index values
supporting them.
Table 1 [of SSA 12 applieation]
Acres Credits
4,7935 8.972.5
4.7935 8.9725
Ag 2
Totals
Early Entry Bonus credits were established to encourage participation in the Stewardship Credit
program. Early Entry Bonus credits are awarded in the amount of 0.5 credits per Habitat
Stewardship Area (HSA) acre located within the Area of Critical State Concern (ACSC) and 1.0
credits per HSA acre located aU/side the ;\CSC. The application for SSA ] 2 was submitted on
April] O. 200S and the deadline for eligibility for the early entry bonus was January 30. 2009.
Based on the type and location of HSA acreage within SSA 12. the applicant would be entitled to
a total of 1,466.8 Early Entry Bonus credits. /\ summary of these credits is shown below, Staff
has reviewed and agrees with these figures.
Table 7 lof SSA 12 application)
EARLY ENTRY BONUS CALCULATIONS
2:CJ33.()
x 0.5
1.466.8
o
x I,()
l ],466~
_ Early Entry Bon us Calculations
J-]SA Acres inside the ACSC
Early Entry Bonus Credits per Acre inside the i\CSC
Early Entry Bonus Credits (inside /\CSI\)
I-IS.'\ Acres oulslde ."CSA
Early Entry Bonus Credits per Acre outside ACSC
Early Entry Bonus Credits (outside ACSA)
Total Early Entry Bonus Credits
Restoration Stewardship credits are awarded at the rate of two (2) credits per acre for land
"dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or
those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to
the Okaloachoochee Slough" [IDC Subsection 4.08,(16 rU.f.12)] "The aClUal implementation of
resloralion improvements is not required for the l'\\'n~r :0 receive such credits..."(LDC
Subsection 408.c1() 13.3.f.3). RcfelTed to as R-J. selected arcas are made available for restoration
activities based on current conditions of the propen}' and henefits to be derived from restoration
work. The applicant has submitted a RestoraLio!1 /\nalysis 2.nd Report (Restoration Plan) ns
rt:-quired in the application,
RCShJration credits 3re also avaibble 31 the :-ate of four (4) credits per acre for the completion of
restoration activities by the appiicant \1\-2). These credits are ;:lUthorized at the time of SSA
design~ltjon, hut are n(lt avaibbl::~ for l:-an.'>fcr until sucCt'S~ crlte;:riJ. arc met. The :lppJicant has
submitted a Re.slOration Plan as Exhibit (i to the Credi: Agreement, as required hy the LDC fur
R-.2 approval. All proposed restClra~jon areas III SSi\ ) 2. tc'wling 2.1 S.2.9 acres, include both R-l
3
Packet Page -69-
6/28/2011 Item 9.0.
and R-2 credits. These areas are depicted in Exhibit D to the Credit Agreement. The rdl1l00ibllf 105
activities will consist of hydrologic restoration improvements that will reduce physical
impediments to sheet flow and functionally enhance the flowway's natural hydrologic regime;
restoration improvements that will breach and/or partially remove berms to the natural grade of
adjacent lands within Flowway Restoration Area I sufficient to reestablish a natural flow regime;
ecological restoration improvements within the Flowway Restoration Area by the controlling of
exotic and nuisance vegetation to levels less than 5% area coverage; and associated activities as
more specifically described in the Restoration Plan labeled as Exhibit G to the Credit Agreement.
Staff reviewed this Restoration Plan and conducted an extensive site visit with respect to the
2,182.9 acres proposed for R-) and R-2 restoration. A summary of restoration credits follows:
'.-.c'"
Table 6 [of SSA 12 application]
RESTORATION CREDIT CALCULATIONS
, .....,;. ""~: .:.. ~~.. ",~:,:!,:<~:<;,::~::~t:;._,'l;r"::'/' .. ->>'> , ' T ola I 'i,::';;;~-'
I '''R1~' Cr~di~"~:' -:~'~':"'R2;;-6redjts,' ;' Rest'or'aiion~
2.0' er acre' @4.0 rie', a'cre '......, Credits..".".
8,731.6 13,0974
8,731.6 13,097.4
The SSA ] 2 credit total below shows the sum of Base Credits, Early Entry Bonus Credits and
Restoration Credits:
Table 8 [of SSA 12 application]
TOT AL STEWARDSHIP CREDITS GENERA TED
redit Source redits
Base Credits 8.972.5
Earl Entr Bonus Credits 1,466.8
r'R1" RestarntiGn Credits
4,365.8
8.731.6
23.536.7
'R2" Restoration Credits
, otal
Of the total credits, ]4,805.] credits would be immediately available which is calculated by
totaling the 8,972.5 Base Credits, ] ,466.8 Early Entry Bonus Credits and the R-l Restoration
Credits of 4,365.8. The remaining 8,731.6 credits are associated with R-2 restoration and, as
such, tbey become available only after success criteria are met as specified in the Credit
Agreement.
LEGAL CONSIDERA nONS: Applicants petitioning for Stewardship Sending Areas, who
will obtain SSA credits for the land so designated, must include a Credit Agreement per LDC
Section 4.08.06.C.5. Sunniland Family Limited Partnership has voluntarily requested that the
subject area be designated as a Stewardship Sending Area and has provided the required Credit
Agreement which is also included by reference herein.
LDC Section 4.08.06.C.6 requires that the SSA Credit Agreement shall be approved hy a
resolution of the Board of County Commissioners (BCe) at an adveliised public meeting by
majority vote. A resolution is submitted for the subject area, which is attached. Additionally,
the LDC requires in Section 4.08.06.C.7 that. following approval by the County, an SSA
memorandum shall be prepared and recorded in the puhlic records, together with necessary
portions or exhibits.
-
4
Packet Page -70-
6/28/2011 Item 9.0.
LDC Scction 4.08.06.e.8 requires that the applicant prcpare and submit Stewardship rn~oo;6;';ii05
Agreements in all cases except when the property is being deeded in fee simple to a
"conscrvation/preservation agency." The Stewardship Easement Agreement is also attached.
~
finally, LDC Section 4,08.06,f.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 p"'poses to hold the easement in escrow and to
record the easement when all permits and authorizations bave been obtained for the Alieo
Stewardship Receiving Area, which shall occur by the 9th day of February, 20 I 5, or the SSA
Credit Agreement and Stewardship Easement Agreement are null and void. In the interim, the
applicant shall record in the public records within 30 days a notice of interim restrictions, The
County Attorney has concluded that this process complies with the intent of the LDC and OMP.
The Resolution, Stewardship Sending Area Credit Agreement, Stewardship Easement
Agreement, and Escrow Agreement have been reviewed for legal sufficiency. -BFAe
F1SCAL lI\1PACT: The applicant, Sunniland Family Limited Partnership, has paid fees
totaling $9,500 for the processing and review of the application, and the development and
maintenance of a Stewardship Credi: System Database for the purpose oftraeking credits. There
~ire no additional fiscal impacts associated with the application.
-
GROWTH MANAGEMENT IMPACT: The Rural Lands Stcwardship 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 SS,As. This land use and growth management tool is implemented through the
Rura] Lands S:ewardship Arca Zuning Overla\', The zoning ovcrlay is based upon requirements
and limitations contained in the FLL:E. Thcrcf(Jrt', inasmuch 8S staffs analysis indicates this
petition for design:llioll of Sunniland F:Jmi1:v' SSA J 2 i::; in compJi311Ce with the RLSA Zoning
Overlay, it may also be found to be CDnsistcnt with lhe FU 'E.
The applicant of SSA #]2 intends to L1tilize the stewardship credits from this SSA to partially
enable the development of the proposed Aiico Stewardship Receiving Area. ..\ceordingly, the
applicant for SSA #12 has proposed an Escrow Agreement, shown as Exhibit 4 to the
Resolution, which delay's the rc~--:()rdatiol1 of the Easement Agreement into public records until
such time that all requirements in the Escro\v Agreement and the S~A Credit Agreement
provisions of the LDC arc complied v,'jth. This prupused deJay in the recordation of the
Easement Agreement is not expressly aLllhorizeJ in the IDC: however, the County Attorney has
opined that lhe recording or the notice l~lf rcstricti()n~ until the C3.semcnt is recorded is consistent
with the intent oflhe LDC.
RECOMMENllATJON: That the Board nf County Cummissioners adopt a resolution
designating 4,793.5 acres in the Rural Lands Stc\\'arcsnip :\re3 Overlay as Stewardship Sending
/\r~'a ] 2 ("Sunniland Famiiy SSA ] 2.'); approve lh~ Crcdlt /\grecment for Sunniland Family
SSA 12 and the number 0:' stc\'.ardship crcci~s gcn::rated hy the designation uf said Stev,'ardship
Sending Area in response 1Ci an application hy Sun;liland Family..' L:mitcd Partnership, a Florida
limited ]nr1ncrship: appr(lVC the Easemen1 /\gr-:cmcl1t C(lr S~J!lJliland r:alni!y SSA 12: apprc\ve the
Escrow :\~_:n:cment fur Sunnil8nd h:lT1:h- SS.'~ ;:: and Jirt'ct lhc C'oumy !\1a!lagcr or his
5
Packet Page -71-
6/28/2011 Item 9.0.
designee to prepare a SSA memorandum to be recorded in the public records together IMlli !j,iii 05
necessary portions or exhibits of the SSA Credit Agreement and Easement; direct the County
Manager or his designee to provide said documents to tbe Collier County Property Appraiser and
the applicant; and require the applicant to comply with the provisions of the Escrow Agreement
made a part of its approval with respect to recordation.
PREPARED BY: Mike Bosi, AICP, Manager, Comprehensive Planning Department
6
Packet Page -72-
6/28/2011 Item 9.0.
Page 20 of 105
~
This Instrument Prepared by:
George L. Varnadoe, Esq.
Cheffy Passidomo, PA
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
STEWARDSHIP EASEMENT AGREEMENT
(Sunniland Family SSA 12)
THIS STEWARDSHIP EASEMENT is granted this ~ day of r~\:...,...y ,2010,
by Sunniland Family Limited Partnership, a Florida limited partnership, whose address
is P.O. Box 930, Immokalee, Florida 34143-930, hereinafter collectively called
"Grantor", to Collier County, a political subdivision of the State of Florida, and Florida
Department of Agriculture and Consumer Services, hereinafter collectively called the
"Grantees".
RECITALS
A.
Grantor is the owner of approximately four tbousand seven hundred
seventy-five and nine tenths (4,775.9) acres of land situated in Collier
County, Florida, and more specifically described in Exhibit "A" attached
hprQtf'l =:an" inf"i'""'Irnr;r::Jtcn horcin hIJ ...a.foronro (h.oroin~ftor "Drnnorh/' 1"'1'-
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"Sunniland Family SSA 12"),
B. Grantor and Collier County entered into a Stewardship Sending Area
Credit Agreement ("SSA Agreement") of even date herewith, which
designated the Property "Sunniland Stewardship Sending Area 12"
("Sunniland Family SSA 12"). This four thousand seven hundred seventy-
five and nine tenths (4,775.9) acre parcel, as legally described in Exhibit
"A", has been designated as a "Stewardship Sending Area" ("SSA") in
accordance with Section 40806 of the Collier County Land Development
Code ("LOC"), The Property is depicted on Exhibit "3",
C. The SSA Agreement and Section 4.08.06 C.8. of the LDC require Grantor
to provide a perpetual Stewardship Easement identifying the specific land
management measures for Sunniland Family SSA 12 and the party
responsible for such measures.
D. In exchange br the designation of the Property as SSA, the County has
granted and assigned to Grantor twenty three thousand five hundred
twelve and two tenths (23.512.2) Stewardship Credits, of which eight
thousand seven hundred thirty-one and six tenths (8,731.6) Stewardship
Credits are authorized as Restoration Stewardship Credits and are not
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Page21 01105
available for transfer until success criteria are met as set forth in the SSA
Agreement. When available for transfer, the total twenty three thousand
five hundred twelve and two tenths (23,512,2) Stewardship Credits will
allow Grantor to entitle two thousand nine hundred thirty-nine (2,939)
acres for development within the Rural Lands Stewardship Area District.
E. The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA
Agreement, (2) to identify specific land management measures and the
party responsible, (3) to provide for the enforcement of the Stewardship
Easement; and (4) in the areas to be restored by Grantor, to provide the
restoration improvements and success criteria.
NOW THEREFORE, in consideration of the designation of the Property as
Stewardship Sending Area, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants,
creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Grantor, its successors and assigns and shall
remain in full force and effect forever. It Is agreed as follows:
1.
The recitals and exhibits are incorporated by reference as if repeated
verbatim herein.
2.
Exhibit "C" depicts and Exhibit "0" describes the four thousand seven
hundred seventy-five and nine tenths (4,775.9) acres within Sunniland
Family SSA 12 where the following six (6) Land Use Layers are eliminated
and the Property is benceforth prohibited from being utilized for the
following land uses, as defined in Section 4.08.06 804. of the LOC:
a. Residential Land Uses, also described as Land Use Layer 1,
b. General Conditional Uses, also described as Land Use
Layer 2.
c. Earth Mining and Processing Uses, aiso described as Land Use
Layer 3.
d. Recreational Uses, also described as Land Use layer 4.
e. Agriculture - Group 1, also described as Land Use Layer 5.
f. Agriculture - Support Uses, also described as I_and Use layer 6.
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3.
Grantor reserves all other rights as Owner of the Property, including the
right to engage in all other uses Df the PrDperty that are nDt inconsistent
with the SSA Agreement or the intent and purposes of this Stewardship
Easement. GrantDr may use Sunniland Family SSA 12 only for the land
uses set forth in this paragraph:
a. ConservatiDn, RestoratiDn, and Natural ResDurces Uses (Land Use
Layer 8) are allowed on all of the Property, including the specifics
thereof set fDrth in SectiDn 4.08.06 BAb. Df the LOC.
b. Those lands in Sunniland Family SSA 12 land depicted on Exhibit
"C" as having had the first six (6) Land Use Layers eliminated, may
alsD be used fDr Agriculture - Group 2 (Land Use Layer 7) as
defined in Section 4.08,06 BA Df the LOC. Agriculture - Group 2 '
uses cannot be cDnverted tD Agriculture - Group 1 from and after
the designatiDn Df such lands as a SSA.
c. GrantDr retains the right tD construct farm and ranch roads and
other facilities in connectiDn with existing and retained uses Dn the
Property, and to maintain such roads and Dther facilities within the
Property that have histDrically served uses Dn the PrDperty and Dn
adjacent lands, including below-ground oil and gas pipes and lines
serving the existing Dil production pads IDcated inside the
bo:..md8ries of S:..:nniiand SSA-121 ~'.:hjch pads 3re net included in
Sunniland SSA-12.
d. GrantDr retains the right tD engage in traditional activities Dn the
Property, such as, but nDt limited to hiking, hunting (including
organized hunting activities), nature DbservatDry and other eco-
Dbservation excursiDns, and Dther such occasiDnal nDn-destructive
activities.
4.
The Grantees shall have the right to enjoin any activity on or use of the
Property that is inconsistent with this Stewardship Easement and to
enforce the restoration of such areas Dr features Df the PrDperty that may
be altered by any inconsistent activity Dr use. NDtwithstanding the abDve,
GrantDr shall not be liable for Dr be obligated to restDre alterations Df the
PrDperty caused by third-parties or acts of God,
5.
The following land management measures shall be undertaken as tD
Sunniland Family SSA 12 and the Grantor, its succeSSDrs and assigns, Df
the fee title to the Prooerty shall be tbe party responsible for such
measures:
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6.
7.
8.
9,
10.
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a. On those lands within Sunniland Family SSA 12 on which
Agriculture - Group 2 uses are the only remaining agricultural uses,
land management measures will be those customarily utilized in
ranching operations in Southwest Florida. These customary
measures may include brush clearing, mechanical brush control
("chopping") prescribed burning, other exotic and nuisance species
control, fence construction and maintenance, silvicultural
management, and berm, ditch and ranch road maintenance.
b. For those areas to be designated for restoration and to be restored
by Grantor, additional/and management measures will be required.
The areas designated for restoration which are to be restored by
Grantor are referred to as Flowway Restoration Area and are
depicted on Exhibit "E" and described in Exhibit "F". The additional
land management measures which are required after restoration
improvements are set forth in the Restoration Program described in
Exhibit "G" hereof.
The required restoration improvements, success criteria, land
management measures and other commitments of Grantor in respect to
the FioVMIay Restoration Area are contained in the Restoration Program.
Grantees shall not be responsible for any costs or liabilities related to the
operation of or land management meas:Jres fer the Property, except fer
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions.
Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
References to the LDC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement Agreement and these LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
Enforcement of the terms and provisions of the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise their rights hereunder in the event of any
breach hereof by Grantors, shall not be deemed or construed to be a
waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or otherwise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
I
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11. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
12. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement shall not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
13. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party
or successor-In-interest.
14. Except as provided in Section 15 below, this Stewardship Easement may
be amended, altered, released or revoked only by written agreement of
both Grantor and Grantees, which shall be filed in the Public Records of
Collier County. or as provided for in tbe Escrow Agreement between
Grantor and the County dated February 9, 2010.
15. Grantee acknowledges that the removal of Land Use Layers to generate
Stewardship Credits under the Stewardship Easement does not preclude
the use of such removal as compensation, mitigation or conservation
measures under any program established by County, state or federal
statute, regulation or ordinance for activities conducted in a Stewardship
Receiving Area utilizing the Stewardship Credits generated by the
Stewardship Easement. Grantee also acknowledges that nothing in this
Stewardship Easement or County LOC precludes Grantor's right to
remove one or more additional Land Use Layers and/or restoration
activities for use as compensation, mitigation or conservation measures
under any program established by County, state or federal statute,
regulation or ordinance either concurrent with or independent of the
generation of additional Stewardship Credits,
TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever.
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardship Easement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity witb the Property,
Grantor hereby covenants with Grantees that Grantor is lawfully seized of the
Property in fee simple; that the Property is free and clear of all encumbrances that are
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contrary to this Stewardship Easement; that Grantor has good rigbt and lawful authority'
to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the
Stewardship Easement hereby conveyed and will defend same against the lawful claims
of all persons whomsoever.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGES FOLLOW]
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IN WiTNESS WHEREOF, the Grantor has hereunto set its hand and seal the
day of , 2010.
-
GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT
WITNESS:
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
By:
Print Name:
Its:
Name
Signature
Name
Signature
STATE OF FLORIDA
COUNTY OF COLLIER
The fcrcgoj~g Stev,,'ardsh:p Easement l.\greement v.'as executed before me this _ day
of ,2010, by as
the Florida Department of Agriculture and Consumer
Department, who is personally known to me or produced
identification.
of
Services, on behalf of the
as
Notary Public
Name
Certificate I-.Jo.
My Commission Expires
,. ,,;,',
"
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ESCROW AGREEMENT
This ESCROW AGREEMENT is made as of the ~ day of r'l-r..^r~ ,2010 by and
between Collier County, a political subdivision of the State of Florida ("County , and Sunniland
Family Limited Partnership, a Florida limited partnership (bereinafter referred to as "Owner") and
CHEFFY PASSIDOMO, P A (the "Escrow Agenl").
RECITALS
WHEREAS, Owner is the owner of approximately four thousand seven hundred seventy-five
and nine tenths (4,775.9) acres of land within the boundaries of the Rural Lands Stewardship Area
Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject
of a Stewardship Sending Area Application 2008-AR-13182 ("SSA Designation Application") filed by
Owner with Collier County, Florida; and
WHEREAS, Alico, Inc., a Florida corporation ("Alico"), has submitted or intends to submit
a lications to Collier-Count ;;;outh I-Ionda Water Mana emen! Ulsmct and the United States
Departmen 0 rm, Cor s of En ineers for authorization to develo the real ro e more
particu ar y escribed on attached Exhibit "A," which is incorporated herein by reference (the "Alico
SRA Lana ), as a desl9nated SRA within the RLSA Dlstnct consistent wltn tne provIsions 01 ::;ectlons
4.u8.06 0"0-4.08.07 of the Collier County Land Development Code;
WHEREAS, Owner has advised Collier County that the Alico SRA Land will be developed
consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code,
which will include the submittal of one or more Stewardship Receiving Area (SRA) applications
pursuant to Section 4.08,07 of the Collier County Land Development Code;
WHEREAS, in order to develop the proposed Alico SRA Land in accordance with Section
4.08.07, Alico is required under Section 4.08.07 to exchange Stewardship Credits granted under
Section 4.08.06 for the additional residential or non-residential entitlements necessary to develop
the project as an SRA;
WHEREAS. the Owner submitted a SSA Designation Application requesting that the four
thousand seven hundred seventy-five and nine tenths (4,775.9) acre parcel (hereinafter referred to
as "Sunniland Family SSA 12") be designated as a Stewardship Sending Area in accordance with
and pursuant to Section 4.08.06 of the Coilier County Land Development Code, and to establish
Stewardship Credits that would be available for Alico to develop the Aiico SRA Land within the
RLSA District; and
WHEREAS, Collier County has reviewed SSA Designation Appiication and determined that
the application was legally sufficient and would generate twenty three thousand five hundred twelve
and l\vo tenths (23,5122) Stewardship Credits under the provisions of Section 4.08.06; and
WHEREAS, the County and Owner acknowledge and ag:'ee that the issuance of final, non-
appealable governmental authorizations, including County approvals, necessary to develop the Alico
SRA Land consistent with the provisions of Section 40B,07 will be issued subsequent to the County
approvai of Sunniland Family SSA 12; and
WHEREAS, the County and Owner agree that Sunniland Family SSA 12 is approved and
generates twenty three thousand five hundr'ed twelve and two tenths (23,512.2) Stewardship Credits
subject to the terms and conditions of this Escrow Agreement; and
Esc:-ow Agreement ~ Page 1 of 5
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Page ;4 of 105
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. WHEREAS, Owner agrees to interim land use ilmitations on Sun nil and Family SSA 12 as set
forth In th!s ~scrow Agreement until the Stewardship Sending Area Credit Agreement and
Stewardship t:asement Agreement are recorded or terminated pursuant to the terms of this Escrow
Agreement.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, tbe receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Recitals: The above recitals are true and correct and incorporated herein by reference.
2. Tender of Documents: Owner and County shaU execute and deliver to the Escrow Agentthe
Sunniland Family SSA 12 Stewardship Sending Area Credit Agreement and the Sunniland
Family SSA 12 Stewardship Easement Agreement ("Documents").
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 Owner:
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
b
In the eve~t the al2prov~fer~~e above In th'ls section are not delivered to the Escrow
Agent on <t before February 9, 2015 this Escrow Agreement shali terminate and the original
DocumentssnaTI-ue-Te nero 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 appeai is
fmaUy resolved. ]f the challenge or aopeal 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 apneal terminale this Escrow Agreement.
4.
In the event the Escrow Agreement is terminated as noted above, all affirmative obligations
and negative covenants contained in the Documents shall be null and void Without further
action from the parties hereto, the iand shall revert to its underlying zoning classification pnor
to the effective date of the Documents, and any 3Rt>, depending on credits from Sunniland
Family SSA 12 shail be terminated uniess replacement credits are obtained by the owners of
tne SRA. If requested by Owner, Collier County shall proVide a written release and
termination of this ,'1greement and the Documents for recording In the public records within
fifteen (15) days of the request trom Owner Collier County 5r,all update the overlay map to
reflect the termination of Sunniiand Family SSLI 12 or any SRA
5.
Interim Land Use limItations. Ovmer aqrees to the elimination of land use layers and the
land management measures set forth in the Documents during the lerm of this Escrow
Agreement. Within 30 days of approval of the Stewardship Senalng Area Credit Agreement.
:::scrO\N Agreement - Page Z of :-,
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Page 16 of 105
IN WITNESS WHEREOF. the parties hereto have caused this Escrow Agreement to be executed
by their duly authorized officers or representatives and their official sea is hereto affixed the day
and year first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
COLLIER COUNTY CLERK OF COURTS
By:
By:
Fred W. Coyle, Chairman
APPROVED AS TO FORM AND
LEGAt1FFICIENCY:
)3y:"": "JJ A CliO
~If Wright, Assistant County Attorney
WITNESS:
SUNNILAND FAMILY LIMITED PARTNERSHIP, a
Florida limited partnership
. -;
/',1.
0LLL-,;L.;r:<- i C~t~ (u,-
"
(Signature)
By: SUNNILAND PARTNERS, LLC,
a Florida limited liability company
::: ~~/~ .
Pnnt Name: Aliese P Priddy ~-
its: Managing Member
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement waS executed before me this ,;;.8 day of ~ . ..'
2010, by A1iese p, Priddy, Managing Member of Sunniland Part~ers, LLC, a Flonda limIted liabIlity
company, general partner of Sun nil and . .' p '1nershlp, a Flonda hmlted partnershIp, on
behalf of the company, wh . personally known to me 2J oduced as
identification.
:rvv--
Notary Public
Name;
Certificate No.
My Commission expires:
"''''''''''.. WJLl.L.IJAJACK.DEMPSE'i
1'~~'1 MYCOMMlSSIONiDD754172
. , 5XPIRES: MarcOl, 2<112
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Page 17 of 105
ESCROW AGENT:
CHEFFY PA "IDOMO P.A.
By C.Jt
William J. Dempsey, Partner
STATE OF FLORIDA
COUNTY OF COLLIER
11-
The foregoing Escrow Agreement was executed before me this 0< Sl day of 'f~:J '
2010, by William J. Dempsev. as Partner of Cheffy Passidomo, PA, who is personally known 10 me
or produced as identification. ()
-J b..v V' fA- r a.q; CL-I..
Notary Public f)
Name: Th.e..r.L5C<. r~CV\
Certificate No. .20]) 7/0.;;. 5'79
My Commission expires: .:21.;J.c;,II~
;:.rt~ THERESA PAGAN I':
t.r~..'j MYCOMMISSIONIDD7S2579 I:'
"". ' , EXPIRES: Februa~ 26, 2012.
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EXECUTIVE SUMMARY
Recommendation to adopt a resolution designating 7,414.0 acres in the Rural Lands
Stewardship Area (RLSA) as Barron Collier Investments, Ltd., a Florida Limited
Partnership ("BCI"), Barron Collier Partnership, LLLP, a Florida Limited Liability
Limited Partnership, formerly known as Barron Collier Partnership, a Florida General
Partnership ("BCP"), and Serenoa Investments, Inc., a Florida Corporation, formerly
known as ECST East Corporation ("SI") ["BCIIBCP/SI SSA 13"], approving a
stewardship sending area credit agreement for BCIIBCP/SI SSA 13, approving a
stewardship easement agreement for BCIIBCP/SI SSA 13, approving an escrow agreement
for BCIIBCP/SI SSA 13, and establishing the number of Stewardship Credits generated by
the designation of said Stewardship Sending Area in response to an application by BC!,
BCP, and S1. -----~,------------,-----,---------------------------'
OBJECTIVE: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area Zoning Overlay District (RLSA), which has been recognized in Florida,
regionally, and nationally for visionary metbodology to preserve environmentally significant
land, to protect agricultural land and to direct grov.1.h to suitable locations. Collier County
adopted the RLSA Overlay as the implementing regulation for the Growth Management Plan
amendments known broadly as the "RuraJiEastern Lands Amendments" which were developed
in response to Administration Commission Final Order No. AC99-002 which required a "Rural
and Agricultural Assessment", The Land Development Code (LDe) was amended to include
Section 4.08.00 entitled, "Rural Lands Stewardship Area Zoning Overlay District Standards and
Procedures." This application by Barron Collier Investments, Ltd., a Florida Limited Partnership
("BCI"), Ban'on Collier Partnership, LLLP, a Florida Limited Liability Partnership, formerly
known as Barron Collier Partnership, a Florida General Partnership ("BCP"). and Serenoa
Investments, Inc., a T'lorida Corporation, formerly known as ECST East Corporation ("SI") is a
proactive measure to further enhance the environmental value of this area by removing land use
layers and by dedicating portions of the BCI/BCP'S.I SSA ] 3 area for restoration activities. The
removal of land use layers and the dedication of p0l1ions for restoration activities would result in
the award of 20,9 J 6.1 Stewardship Credits upon approval of the SSA, and an additional 6,599.2
Stewardship Credits af1er restoration is successfully completed.
CONSIDERATIONS: The complete application for SSA .13 was received on December 3 I,
2008. This Designation Application (200S-AR- I 4] 02) proposes a Stewardship Sending Area
consisting 01'7,4]4.0 acres located in the RLSA, On all 7,4]4.0 acres (100.0%) land use layers]-
6 would be removed to Agriculture - Group 2 (Ag-2). SSA ] 3 is strategically located within a
portion of the Corkscrew Regional Ecosystem Watershed and contains 4,258.5 acres within the
Camp Keais Strand Flow Way Stewardship Area (FSA), and J,317,5 acres are designated as a
Habitat Stewardship Area (HSA). The legal descriptions bave been checked and the acreage
verified as correct. The permanent removal of these morc intensive land use layers will protect
natural resources and agricultural activities as envisioned in the RLSA Overlay. SSA 13
provides a major benefit for Florida panther conservation simply by protecting the land and
limiting future land uses to passive agricultural activities (e.g., cattle grazing) within the panther
core population. The proposed Restoration Program for SSA ]3 will enhance, maintain, and
reconnect forested palches along transitional margins of SSA 13) in order to facilitate wildlife
movement within the Camp Koais Strand corridor. Two fields will also be restored as shallow
depressional native hervaceous wetlands to serve primarijy as consistent wood stork foraging
1
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A! 6/28/2011 Item 9.0.
habitat during the critical breeding season peiod. The potential use of Land Use Layers f7~<1an(jf 517
uses on the entire 7,4]4.0 acres in SSA 13 will remain.
4.08.06 B.4,b Land Use Matrix (p=Permitted; A=Aeccssory; CU= Conditional Use)
(Laver 1 IT ,aver 2) (Layer 3)(Layer 4) (Layer 5 (Layer 6) (Laver 7) (Layer 8)
! Residential General Earth Mining ~ecreational Agriculture Agriculture Agriculture Conservation,
land Uses Conditional nd Group 1 . Support Uses Group 2 Restoration and Natural
'" Processing Uses Resources
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Single-family Family care Excavation, Golf courses CropralSmg; Far.nlabar housing Jmmproveopasture Wildlifemanagemenl,
owelling, incl. facilities (P) exlradionor andlorgolf horlicu~ure; fruit fA) andgrazing,toreslry plantilr'idwildlife
mobile home (P earthminingand drwir.granges and nut ,:P) Ic~mservancies, refuges
relaledprocessing I(CUJ pro:luc!i::m, iandsanctuanes (P)
and production I groves: nurserre~,
CUI I I,m,,,,,,,,,,,co
;P)
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Mobil6homes Co",,"oo eo' Asph'''" ao' I Gpo" JA"","Ib""'''''' IR"'ii""O'''''h i"cch"g;""",!OO' I Water managemenl,
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.
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Page 3 of 517
The removal of land use layers yields Stewardship credits measured on a per acre basis and is
calculated as follows: Natural Resource Index Value x (times) a factor representing all layers
removed. The removal of Land Use Layers 1-6 yields a factor 01'0.9.
The cumulative table of all base credits generated in SSA 13 is shown in Exhibit F of the Credit
Agreement and summarized below. Staff has reviewed and agrees with the calculation of credits
generated by the removal of these land use layers and the Natural Resource Index values
supporting them.
Table 1 [of SSA 13 application]
Acres Credits
7.4 I 4.0 ] 2,999.3
7,414.0 12,999.3
Ag2
Totals
Early Entry Bonus credits were established to encourage participation in the Stewardship Credit
program. Early Entry Bonus credits are awarded in the amount of 0.5 credits per Habitat
Stewardship Area (HSA) acre located within the Area of Critical State Concern (ACSC) and 1.0
credits per HSA acre located outside the ACSC. Based on the type and location of HSA acreage
within SSA 13, the applicant would be entitled to a total of 1,317.6 Early Entry Bonus credits. A
summary of these credits is shown below. Staff has reviewed and agrees with these figures.
Table 6 [of SSA 13 application]
EARL Y ENTRY BONUS CALCULATIONS
o
x 0.5
o
1,317.6
x 1.0
1.317.6
1,317.6
~'" J.i:arlyE;l1try Bollus Calculations
HSA Acres inside the ACSC
Earlv Entrv Bonus Credits ner Acre inside the ACSC
-" ,
Early Entry Bonus Credits (inside ACSA)
HSA Acres outside ACSA
Early Entry Bonus Credits per Acre outside ACSC
Early Entry Bonus Credits (outside ACSA)
Total Early Entry Bonus Credits
.~ ',.-,.',
Restoration Stewardship credits are awarded at the rate of four (4) credits per acre for land
"dedicated for restoration activities within the Camp Keais Strand, contiguous HSAs, or those
portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the
Camp Keais Strand" [LDC Subsection 4,08.06 HJ.f.(])]. "The actual implementation of
restoration improvements is not required for the owner to receive such credits,,," (LDC
Subsection 4,08.06 B.3.f3). Referred to as R-l, selected areas are made available for restoration
activities based on current conditions of the property and benefits to be derived from restoration
work. The applicant has submined a Restoration Analysis and Report (Restoration Plan) as
required in tbe application.
Restoration credits are also available at the rate of four (4) credits per acre for the completion of
restoration activities by the applicant (R-2). These credits are authorized at the time of SSA
designation, but are not available for transfer until SLIccess criteria are met. The applicant has
submitted a Restoration Plan as Exhibit G lO the Credit Agreement, as required by tbe LDC for
R-2 approval, All proposed restoration areas in SSA 13, totaling 1,649,8 acres, include both R-I
and R-2 credits. These areas are depicted in Exhibit D to the Credit Agreement. The restoration
3
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activities will consist of prescribed buming, removal and control of exotic and t'i'@11!1ancilf517
vegetation, planting of native forest canopy species sub-canopy species, and ground cover
species, establishment of variable wetland hydro periods via re-grading and surface water
management; creating a system of internal ditches, swales, depressional areas, and typographical
contours that provide wading bird foraging opportunities across a range of rainfalls and
hydroperiod conditions; and wetland reforestation as more detailed in Exhibit G of the Credit
Agreement. A summary of restoration credits follows:
Re~t~;ratio~'
Lar e Mammal Corridor
adin Birds
otals
1.622.4
27.4
1.649.8
6489.6
109.6
6,599.2
6.4896
109.6
6.599.2
;,: T011l1:;:':
'credlis'<
12.9792
2192
13,198,
The SSA ] 3 credit total below shows tbe sum of Base Credits, Early Entry Bonus Credits and
Restoration Credits:
Table 7 [of SSA 13 application]
TOTAL STEWARDSHIP CREDITS GENERA TED
Credit Source redits
IBase Credits : 12.999.3
iEarly Entry Bonus credits~ 1317.61
j"R 1 " Restoration Credits I 6.59921
:"R2" Restoration Credits 6.599.21
Irota!
27,515.3:
Of the total credits, 20,9]6,1 credits would be immedia:ely available which is calculated bv
totaling the] 2,999,3 Base Credits, ],3] 76 Early Entry Bonus Credits and the R-] Restoration
Credits of 6,599.2. The remaining 6,599,2 credits are associated with R-2 restoration and, as
such, they become available only after success criteri3 are met as specified in the Credit
Agreement.
LEGAL CONSIDERA TIO~S: Applicants petitioning for Stewardship Sending Areas, who
will obtain SSA credits for the land so designated. must include a Credit Agreement per LDC
Section 4.08.06.C.5. BalTCJn Collier In\'eSlment5, Ltd., a Florida Limited Partnersbip, Barron
Collier Partnership, LLLP, a Florida Limited Liab'!!ty Limited Partnership, formerly known as
Barron Collier Partnership. a Florida General Partllerohip, and Serenoa Investments, ]nc., a
Florida Corporation, formerly known '" FCST East Corporation have voluntarily requested that
the subject Cirea he designated as 3 Stewardship Sending Area and have provided the required
Credit Agreement which is also included by r~fcrence herein.
LDC Seet!on 4.08.06.C.6 require5 that the SSA Credit Agreement shall he approved by a
resolution of the 80ard of County Commissioners (Bee:) at an advertised public meeting by
majority vole. A resolution is submined for the subieet area, which is attached. .-\ddilionally,
the LDC requires in Section 4.08.06.C.7 th3t. fc<Jo\\"ing approval by the County, an SSA
memorandum shall be prepared and recorded in the public records, wgether with necessary
ponions or exhibits,
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t-'age ::> OT :) 1 (
LDC Section 4,OS.06.C.S requires that the applicant prepare and submit Stewardship Easement
Agreements in all cases except when the property is being deeded in fee simple to a
"conservation/preservation agency." The Stewardship Easement Agreement is also attached.
Finally, 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 proposes to hold the stewardship easement in
escrow and to record the stewardship easement when all permits and authorizations have been
obtained for the "Serenoa Stewardship Receiving Arca" per the terms contained in the Escrow
Agreement, and which shall occur by December I, 2014, or tbe SSA Credit Agreement and
Stewardship Easement Agreement are null and void. In the interim, the applicant shall record in
the public records within 30 days of approval of BCI/BCP/SI SSA 13 a notice of interim
restrictions, The County Attorney has concluded that this process complies with the intent of the
LOC andGMP.
The Resolution, Stewardship Sending Area Credit Agreement, Stewardship Eascmcnt
Agreement, and Escrow Agreement have been reviewed for legal sufficiency. -HFAC
FISCAL IMP ACT: The applicant has paid fees totaling $9,500 for the processing and review
of the application, and the development and maintenance of a Stewardship Credit System
Database for the purpose of tracking credits, There are no additional fiscal impacts associated
with the application.
GROWTH MANAGEME"'T 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 tbey are
designated as SSAs. This land use and groV\1h management tool is implemented through the
Rural Lands Stewardship Area Zoning Overlay. The zoning overlay is based upon requirements
and limitations contained in the FLUE. Therefore, inasmuch as staff's analysis indicates this
petition for designation ofBCIIBCP/SI SSA 13 is in compliance with the RLSA Zoning Overlay,
it may also be found to be consistent with the FLUE.
The applicant of SSA #] 3 intends to utilize the stewardship credits from this SSA to partially
enable the development ofthe proposed Serenoa Stewardship Receiving Area. Accordingly, the
applicant for SSA #] 3 has proposed an Escrow Agreemcnt, shown as Exhibit 4 to the
Resolution, whicb delays the recordation of the Easement Agreement into public records until
such time that all requirements in the Escrow Agreement and the SRi\. Credit Agreement
provisions of the LOe are complied with. This proposed delay in the recordation of the
Easement Agreement is not expressly authorized in the LOC: however, the County Attorney has
opincd that the recording of the notice of restrictions until the easement is recorded is consistent
with the intent of the LOe
RECOMMENDATION: That the Board of County Commissioners adopt a resolution
designating 7,414,0 acres in the Rural Lands Stewardship Area Overlay as Stewardship Sending
Area 13 ("BCJlBCP/SI SSA 13"); approve the Stewardship Sending Area Credit Agreement for
BC1/BCP!Sl SSA ] 3 and the number of stewardship credits gencrated by the designation of said
5
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A 6/28/2011 Item 9,0.
Stewardship Sending Area in response to an application by Barron Collier Jnvestmentf,'<{g,rQ~ Qf 517
Florida Limited Partnership, Barron Collier Partnership, LLLP, a Florida Limited Liability
Limited Partnership, formerly known as Barron Collier Partnership, a Florida General
Partnership, and Serenoa Investments, Toe., a Florida Corp0ralion, formerly known as ECST East
Corporation for BCliBCP/SI SSA 13: approve the Escrow Agreement for BCI/BCP/SI SSA 13;
and direct the County Manager or his designee to prepare a SSA memorandum to be recorded in
the public records together with the necessary portions or exhibits of the S SA Credit Agreement
and Easement; direct the County Manager or his designee to provide said documents to the
Collier County Property Appraiser and the applicant: and require the applicant to comply with
the provisions of the Escrow Agrecment made a part of its approval with respect to rccordation.
PREPARED BY: Thomas Grcenwood, AICP, Principal Planner, Comprehensivc Planning
DepaJ1ment
~
~
6
Packet Page -89-
Elx.#/';f1) 6/28/2011 Item 9.0.
70 ;bCC ~-at7cxJ
This Instrument Prepared by:
George L. Varnadoe, Esq.
Cheffy Passidomo, P.A.
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
STEWARDSHIP EASEMENT AGREEMENT
(BCIIBCP/SI SSA 13)
THIS STEWARDSHIP EASEMENT is granted this _ day of , 2009,
by Barron Collier Investments, Ltd., a Florida Limited Partnership, Barron Collier
Partnership, LLLP, a Florida Limited Liability Limited Partnership, formerly known as
Barron Collier Partnership, a Florida General Partnership, and Serenoa Investments,
Inc., a Florida Corporation, formerly known as ECST East Corporation, whose
respective addresses are 2600 Golden Gate Parkway, Naples, Florida 34105,
hereinafter collectively called "Grantor", to Collier County, a political subdivision of the
State of Florida, and Florida Department of Agriculture and Consumer Services,
hereinafter collectively called the "Grantees".
RECITALS
A, Grantor is the owner of approximately seven thousand four hundred
fourteen and zero tenths (7,414.0) acres of land situated in Collier County,
Fiorida, and more specifically described in Exhibit "A" attached hereto and
incorporated herein by reference (hereinafter "Property" or "Bel/SePfS!
SSA 13").
B. Grantor and Collier County entered into a Stewardship Sending Area
Credit Agreement ("SSA Agreement") of even date berewith, which
designated the Property "BClISCP/SI Stewardship Sending Area 13"
("BCI/BCP/SI SSA 13"). This seven thousand four hundred fourteen and
zero tenths (7,414.0) acre parcel, as legally described in Exhibit "N'. has
been designated as a "Stewardship Sending Area"-'f'SSA") in accordance
with Section 4,08.06 of the Collier County Land Development Code
("LOC''). The Propel1y is depicted on Exhibit "8".
C. The SSA Agreement and Section 4,08.06 C,8, of the LDC require Grantor
to provide a perpetual Stewardship Easement identifying the specific land
management measures for BCI/BCP/SI SSA 13 and the party responsible
for such measures.
0,
In exchange for the designation of the Property as SSA, the County has
granted and assigned to Grantor twenty seven thousand five hundred
fifteen and three tenths (27,515.3) Stewardship Credits, of which six
thousand five hundred ninety nine and two tenths (6,599,2) Stewardship
Credits are authorized as Restoration Stewardship Credits and are not
tj.
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~
available for transfer until success criteria are met as set forth in the SSA
Agreement. When available for transfer, the total twenty seven thousand
five hundred fifteen and three tenths (27,515.3) Stewardship Credits will
allow Grantor to entitle three thousand four hundred thirty nine and four
tenths (3,439.4) acres for development within the Rural Lands
Stewardship Area District.
E.
The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA
Agreement, (2) to identify specific land management measures and the
party responsible, (3) to provide for the enforcement of the Stewardship
Easement; and (4) in the areas to be restored by Grantor, to provide the
restoration improvements and success criteria.
NOW THEREFORE, in consideration of the designation of the Property as
Stewardship Sending Area, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants,
creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Grantor, its successors and assigns and shall
remain in full force and eHect forever. It is agreed as follows:
1.
The recitals and exhibits are incorporated by reference as if repeated
verbatim herein,
2,
Exhibit "C" depicts and Exhibit "0" describes the seven thousand four
hundred fourteen and zero tenths (7,414.0) acres within BCI/BCP/SI SSA
13 where the following six (6) Land Use Layers are eliminated and the
Property is henceforth prohibited from being utilized for the following land
uses, as defined in Section 4.08.06 8.4. of the LOC:
a, Residential Land Uses, also described as Land Use Layer 1.
b, General Conditional Uses. also described as Land Use
Layer 2.
c. Earth Mining and Processing Uses. also described as Land Use
Layer 3,
d, Recreational Uses. also desCribed as Land Use layer 4.
e. Agricullure - Group 1, also described as Land Use Layer 5.
f. Agriculture - Support Uses, also described as Land Use layer 6.
2
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3,
Grantor reserves all other rights as Owner of the Property, including the
right to engage in all other uses of the Property tbat are not inconsistent
with the SSA Agreement or the intent and purposes of this Stewardship
Easement. Grantor may use SCI/SCP/SI SSA 13 only for the land uses
set forth In this paragraph;
?
a. Conservation, Restoration, and Natural Resources Uses are
allowed on all of the Property, including the specifics thereof set
forth in Section 4.08.06 SAb. of the LDC.
b. Those lands in SCI/SCP/SI SSA 13 land depicted on Exhibit "C" as
having had the first six (6) Land Use Layers eliminated, may also
be used for Agriculture - Group 2 (Land Use Layer 7) as defined in
Section 4.08.06 S.4 of the LDC. Agriculture - Group 2 uses cannot
be converted to Agriculture - Group 1 from and. after'the
designation of such lands as a SSA.
c. Grantor retains the right to construct and maintain farm and ranch
roads to access its lands within the Property for the purposes
retained herein.
d, Grantor retains the right to engage in traditional activities on the
Property, such as, but not limited to hiking, hunting (including
organized hunting activities), nature observatory and other eco-
observation excursions, and other such occasional non~destructjve
activities.
e. Pursuant to Section 4.08.06 of the LDC, Grantor retains the right to
amend this SSA in the future to remove one or more additional
Land Use Layers and/or for restoration activities in return for
additional Stewardship Credits. Nothing in this provision,
Stewardship Easement or County LDC shall preclude Grantor's
right to remove one or more additional Land Use Layers andlor
restoration activities for use as compensation, mitigation or
conservation measures under any program established by County,
state or federal statute, regulation or ordinance.
4.
The Grantees shall have the right to enjoin any activity on or use of the
Property that is inconsistent with this Stewardship Easement and to
enforce the restoration of such areas or features of the Property that may
be altered by any inconsistent activity or use. Notwithstanding the above,
Grantor shall not be liable tor or be obligated to restore alterations ot the
Property caused by third-parties or acts of God.
3
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5.
The following land management measures shall be undertaken as to
BCI/BCP/SI SSA 13 and the Grantor, its successors and assigns, of the
fee title to the Property shall be the party responsible for such measures;
a. On those lands within BCI/BCP/SI SSA 13 on which Agriculture -
Group 2 uses are the only remaining agricultural uses, land
management measures will be those customarily utilized in
ranching operations in Southwest Florida. These customary
measures may include brush clearing, mecbanical brush control
("chopping") prescribed burning, other exotic and nuisance species
control, fence construction and maintenance, silvicultural
management. and berm, ditch and ranch road maintenance.
b. For those areas to be designated for restoration and to be restored
by Grantor, additional land management measures will be required.
The areas designated for restoration which are to be restored by
Grantor are referred to as Restoration Areas A, B, and C
respectively and depicted on Exhibit "E" and described in Exhibit
"P'. The additional land management measures which are required
after restoration improvements are set forth in the Restoration
Program described In Exhibit "G" hereof.
6.
The required restoration improvements, success criteria, land
management measures and other commitments of Grantor in respect to
Restora.tion .A,reas .A., 8, and C are contained in the Restoration Program.
~
7.
Grantees shall not be responsible for any costs or iiabilities related to the
operation of or land management measures for the Property, except for
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions,
8.
Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
9.
References to the LOC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement A.greement and those LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
10,
Enforcement of the terms and provisions Df the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise their rights hereunder in the event of any
breach hereof by Grantors, shall no! be deemed or construed to be a
,1
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waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or otherwise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
11. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
12. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement sball not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
13. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party
or successor-in-interest.
14. This Stewardship Easement may be amended, altered, released or
revoked only by written agreement of both Grantor and Grantees, which
shall be filed in the Public Records of Collier County, or as provided for in
the Escrow Agreement bet'Neen Grantor and the County dated
;:x::t;;P..Ih!:er /.5- ,2009,
15. Grantee acknowledges that the removal of Land Use Layers to generate
Stewardship Credits under the Stewardship Easement does not preclude
the use of such removal as compensation, mitigation or conservation
measures under any program established by County, state or federal
statute, regulation or ordinance for activities conducted in a Stewardship
Receiving Area utilizing the Stewardship Credits generated by the
Stewardship Easement. Grantee also acknowledges that nothing in this
Stewardship Easement or County LDC precludes Grantor's right to
remove one or more additional Land Use Layers and/or restoration
activities for use as compensation, mitigation or conservation measures
under any program established by County, state or lederal statute,
regulation or ordinance either concurrent with or independent of the
generation of additional Stewardship Credits.
TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever,
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardship Easement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity with the Property,
~
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- Grantor hereby covenants with Grantees that Grantor is lawfully seized of the
Property in fee simple; that the Property is free and clear of all encumbrances that are
contrary to this Stewardship Easement; that Grantor has good right and lawful authority
to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the
Stewardship Easement hereby conveyed and will defend same against the lawful claims
of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the
day of , 2009,
-
6
Packet Page -95-
~ ! 6/28/2011 Item 9.0.
C X 1-,/ / 4'!3geA08 of:ih
-1-0 .see ~6Iv
ESCROW AGREEMENT
This ESCROW AGREEMENT is made as of the _ day of ,2009 by and
between Collier County, a political subdivision of the State of Florida ("County"), Barron Collier
Investments, Ltd., a Florida Limited Partnership ("BCI"), Barron Collier Partnership, LLLP, a Florida
Limited Liability Limited Partnership, formerly known as Barron Collier Partnership, a Florida Generai
Partnership ("BCP"). Serenoa Investments, Inc., a Florida Corporation, formerly known as ECST
East Corporation ("51") (BCI, BCP and 51 are hereinafter Individually and jointly referred to as
"BClfBCPfSI" or "Owner") and CHEFFY PASSIDOMO. P.A. (the "Escrow Agent").
RECITALS
WHEREAS, BClfBCPfSI is the owner of approximately seven thousand four hundred
fourteen and zero tenths (7.414,0) acres of land within the boundaries of the Rural Lands
Stewardship Area Zoning Overlay District ("RLS.l>, District") located in Collier County, Florida, which
land is the subject of a Stewardship Sending Area Application 2006-AR-14102 ("SSA Designation
Application") filed by Owner with Collier County, Florida; and
WHEREAS, BCIIBCP/SI has submitted or intends to submit applications to Collier County,
South Florida Water Management District and the United States Department of Army, Corps of
Engineers for authorization to develop the Serenoa Stewardship Receiving Area ("Serenoa SRA")
project on the lands described in Exhibit "A" attached hereto within the RLSA District consistent with
the provisions of Sections 4.08 06 and 4.08.07 of the Collier County Land Development Code;
WHEREAS, BClfBCPfSI has advised Collier County that the proposed Serenoa SRA project
wili be developed consistent with the provisions of Section 4.08.07 of the Collier County Land
Development Code, which will include the submittal of one or more Stewardsbip Receiving Area
(SRA) applications pursuant to Section 4.08.07 of the Cof1jer County Land Development Code;
WHEREAS, in order to develop the proposed Serenoa SRA project in accordance with
Section 4.08.07, BClfBCPfSI is required under Section 4.08.07 to exchange Stewardship Credits
granted under Section 4.06.06 for the additional residential or non-residential entitlements
necessary to develop the project as an SRA;
WHEREAS, the Owner submitted a SSA Designation Application requesting that the seven
thousand four hundred fourteen and zero tenths (7,414.0) acre parcel (hereinafter referred to as
"BClfBCPfSI SSA 13") be designated as a Stewardship Sending Area in accordance with and
pursuant to Section 4.06.06 of the Collier County Land Development Code, and to establish
Stewardship Credits that would be available for BClfBCPfSI to develop the Serenoa SRA within the
RLSA District; and
WHEREAS, COllier County has reviewed the SSA Designation Application and determined
that the application was legally sufficient and would generate 27,515.3 Stewardship Credits under
the provisions of Section 4.08.06; and
WHEREAS, the County and BClfBCP/SI acknowledge and agree that the issuance of final.
non-appealable governmental authorizations, including County approvais, necessary to develop the
Serenoa SRA consistent with the provisions of Section 4.08 07 will be issued subsequent to the
County approval of BCI/BCP/SI SSA 13 and the Serenoa SRA, and
WHEREAS, the County and BCI/SCPfSI agree that BCI/SCPfSI SSA 13 is approved and
generates 27,515 3 Stewardship Credits subject to the terms and conditions of this Escrow
SSA 13 Escrow Agreement. Page 1 of 9
E~A, 4-) ~I
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Page 509 of 517
Agreement; and
WHEREAS, BCI/BCP/SI agrees to interim land use limitations on BCI/BCP/SI SSA 13 as set
forth in this Escrow Agreement until the Stewardship Sending Area Credit Agreement and
Stewardship Easement Agreement are recorded or terminated pursuant to the terms of this Escrow
Agreement.
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. Recitals: The above recitals are true and correct a~d incorporated herein by reference.
2, Tender of Documents: BCI/BCP/SI and County shall execute and deliver to the Escrow
.,Agent the Stewardship Sending Area Credit Agreement - BCIIBCP/SI SSA 13 Credit
Agreement and Stewardship Easement Agreement BCI!BCP/SI SSA 13 ("Documents").
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 BCIIBCP/SI:
a. An approved SRA which requires the exchange of Stewardship Credits from
BCi!BCP/SI SSA 13 for the additional resident;al and non-residential entitlements;
and
b. All necessary final and non-appealable local, state. federal permits, other than a plat,
site development plan Dr building permit, necessary to construct the SRA consistent
With the proVISIO~S of Section 4.08.07 ot the Collier County Land Development Code;
and
In the event the approvals referenced above in this section are not delivered to the Escrow
Agent on or before December 15, 2014, this Escrow Agreement shall terminate and the
original Documents shall be returned to BCI/BCP/SI. It a challenge and/or appeal of a
necessary development order. permit or other discretionary approval is filed, BCI/BCP/SI
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 BCI/BCP/SI, BCI/BCP/SI may
within 180 days of the final disposition of the challenge or appeal terminate this Escrow
Agreement.
4. In the event the Escrow Agreement is terminated as nOled above, all affirmative obligations
and negative covenants contained in the Documents shall be null and VOid without further
action from the parties hereto, tile land shall revert to its underlying zoning classification prior
to the effective date of the Documents, and any SRA depending on credits from BCI!BCP/SI
SSA 13 shall be terminated, If requested by BCI!BCP!SI, Collier County shall provide a
written reiease and termination at this Agreement and the Documents for recording in tne
public records within fitieen (15) days ot the request from BCIiBCP/SI. Coliier County shall
update the overiay map to reflect the termination o! GCI/Bep/SI SSA 13 or any SRA
5, Interim Land Use limitations, l3CI/BCP/Si agrees to trle elimination of land use iayers and
the land management measures set torth in the Documents during the term of this Escrow
Escrow r'\grecmen! - Fage 2 at 9
'-::'<.Iu 4-) D1t d Df It
SSA 13 Escrow ,1.greerren:
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Page 510 of 517
Agreement. Within 30 days of approval of the Stewardship Sending Area Credit Agreement,
_ BCI/SCP/SI shall record in the public records of Collier County a notice of these interim land
use restrictions in a form acceptable to the County.
6. Escrow AGent ObliGations and Indemnltv: The County and BCIIBCP/SI shall hold the Escrow
Agent harmiess of and from the release or failure to release the documents by the Escrow
Agent for any reason whatsoever as a result of this Escrow Agreement, exceptfor as a result
of the willful misconduct or gross negligence of the Escrow Agent. The Escrow Agent is
authorized to rely on any document believed by the Escrow Agent to be authentic in making
delivery of documents hereunder.
7. Amendment: This Escrow Agreement may not be modified, amended or altered in any way
except by an amendment signed by the County and BCIIBCP/SI and acknowiedged by the
Escrow Agent.
8. GoverninG Law: ThisEscrow Agreement and all matters pertaining hereto sball be governed
by and construed in accordance with the laws of the State of Florida.
9. Attornevs' Fees: in connection with any litigation conceming this Escrow Agreement, the
prevailing party shall be entitled to recover reasonable attorneys-fees, paralegal fees and
costs, including such that may be incurred at the appellate level.
10. Representation: The County acknowledges and agrees that CHEFFY PASSIDOMO, P.A,
represents BCI/BCP/SI and may continue to do so while serving as Escrow Agent and
notwitbstanding any present or future dispute arising under this Agreement. The parties do
not object to such services by CHEFFY PASSIDOMO WILSON & JOHNSON as Escrow
Agent and such representation of BCI/BCP/SI CHEFFY PASSIDOMO WILSON AND
JOH~~SO~~ in ti'ljs and othei matters, and agiee that such service and swch representation
does not adversely affect the independent professional judgment of CHEFFY PASSIDOMO
WILSON & JOHNSON on behalf of any such party or the ability of CHEFFY PASSIDOMO
WILSON & JOHNSON to adequately represent the interest of any such party.
11. Bindina Aoreement: This Escrow Agreement shall bind all successors and shall inure to the
benefit of heirs, executors, administrators or other successors in interest of the parties
hereto.
12. Interpleader: Notwithstanding any other provision herein to the contrary, if there is any
dispute between the County and BCilBCP/SI as to the documents held hereunder, the
Escrow Agent may, in the Escrow Agent's sole discretion, interplead the documents with the
Circuit Court of Collier County and thereby be relieved of any further responsibility to the
County and BCI/BCP/SI pursuant to this Agreement.
13. Counterparts and Execulion: 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 sh all be treated as ar, origi nal.
SSA ~ 3 Escrow Agreement
&do,4-) pu3o-f /1
::scrow Agreement. Page 3 of 9
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I 6/28/2011 Item 9.0.
Page511of517
~
IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be executed
by their duly authorized officers or representatives and their Dfficial 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:
Donna Fiala, Chairman
APPROVED AS TO FORM AND
LEGAL ~UFFICIENCY: .
BY:~J,uj^ A-- (!rU ,
I Asmon-Cicko, Assistant County Attorney
Land Use Section, Chief
WITNESS:
(lw4Ja~
(Signature) G
CAROLYN A SHAW
BARRON COLLIER INVESTMENTS, LTD.
A Florida Ltl11ited Partnership /
By: ~t1 t=5
Bradley Boaz '
Its Authorized Agent
(Print full name)
'j ,- .
&<2$h7 lk.t1;JJV~'
(Signature) !l
/)/!1I-/E. L V/G/v',c-t2/
(Print full name)
WITNESS:
C tt~ c; 4k--
(Signature)
BARRON COLLIER INVESTMENTS. LTD.
A Florida Imited Partnership
CAROLYN,~ SHAW
(Print full name)
/f) . P ..../~ . .
I", lJ/A21th P') . f/{L? 7L12!A'.
(Signature) ;I
By: V~
Katherine G. Sprou Truslee
Juliet C. Sproul Testamentary Trust
A General Partner
F':/ LOA /;:: /
(/1 /' /IV'___' ___'
(Print fuli name)
f/16Ni:::~/
SS.A 13 Escrow Agreement - Page 4 of 9
B/-A, 4; {fi- 4-
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Packet Page -99-
WITNESS:
(sga~ {j-~
CAROLYN A. SHAW
(Print fuli name)
AY~XI~
(Signature)
D/RAJ6 L. V/6/VEE/
(Print fuli name)
WITNESS:
(sQ~ cLd/~
CAROLYN A. SHAW
(Print fuli name)
A9zL7~-";;f Zij:.WL
(Signature) .
T'I, ,.-..1,- I ///,.(.111"""''/,''
VI HI'JC L, V I L,)/VCJC-I
(Print full name)
WITNESS:
G~u-#~
(Signature)
CAROLYN A. SHAW
(Print full name)
IC4w/ y? ):!jU-iG'
(Signature)
D/I}IVc. L. W6NEk:1
(Print fuli name)
to 6/28/2011 Item 9.0.
Page 512 of 517
BARRON COLLIER INVESTMENTS, LTD.,
A Florida Limited Partnership
By:
BARRON COLLIER PABTNERSHIP, LLLP,
A Fiorida Limited Liability Limited Partnership,
formerly known as BARRON COLLIER
:~RTN~4~p~rtnershiP
Bradley B z =>
Its Authorized Agent
BARRON COLLIER PARTNERSHIP, LLLP,
A Florida Limited Liability Limited Partnership,
formerly known as BARRON COLLIER
PARTN SHIP, A Fiori Gener' nership
./
By:
Katherine G. Sprou Trustee
Juliet C. Sproul Testamentary Trust
a General Partner
SSA 13 Escrow Agreement - Page 5 of 9
~/r . 4-/o&J?/i
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p 6/28/2011 Item 9.0,
Page513of517
WITNESS:
BARRON COLLIER PARTNERSHIP, LLLP,
A Florida Limited LiabBity Limited Partnership,
formerly known as BARRON COLLIER
PARTNERSHIP, A Fiorida General Partnership
~
CE 4-.JCdlUu-
(Signature)
CAROLYN A. SHAW
By:
(Print full name)
lL(l;fJjJ-,,;(: rI:jnJLIL
(Signature)
/)/,Cf/Vc. L I//ON'Ce;
(Print full name)
WITNESS:
(!~u~
(Signature)
SERENOA INVESTMENTS. INC.,
A Florida Corporation,
formeriy known as ECST East Cor
By:
CAROLYN A. SHAW
(Print full name)
') "'~'
J/:-'/ /7/l-0 )'i):'~.JJw_
(Signature)
D/4AJF L. V/6/'/&e1'
(Print fuil name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this I~ day of ~M/)
2009, by BRADLEY BOAZ. as Authonzed Agent of BARRON COLLIER INVESTMENTS, L TO,. a
Florida Limited Partnership, on behalf of the partnership, who is personally known to me or
produced as identification. 4;.JA/J;. t Ik~
Notary Public
Name: , SUSAN L. MATURO
Certificate No.
My Commission expires:
o.,.....~
~ ~.~)
., o,nO
.~
" -
iOt3'Y Put)IIC State of F):lnda
SUf,;;r l Maturo
My Comn'll$!>iof' 00810605
E.l':D!r% 10/1512012 . (
SSA ~ 3 Escrow Agreement. Page 6 01 9
t;Y-h, ~fi;f
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Page 514 of 517
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed beiore me this 1;;It day of ~ ,
2009, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sproul Testamentary Trust, a
General Partner of BARRON COLLIER INVESTMENTS, LTD., a Florida Limited Partnership, on
behalf of the partnership, who is personally known to me or produced as
identification,
4~i1.~
Notary Public
Name: SUSAN 1. MATURO
Certificate No.
My Commission expires:
ST ATE OF FLORIDA
COUNTY OF COLLIER
o""'~'".~- Notary PublIc State ")1 Flonda
~ 't- Susan l Maluro
~ ,j My CommlslIlon 00810666
""to,,.,,f!" Ere:: 10/15120
The foregoing Escrow Agreement was executed before
2009, by JENNIFER S. SULLIVAN, as Trustee for the Juliet C. Sproul Testamentary Trust, a
General Partner of BARRON COLLIER INVESTMENTS, LTD., a Florida Limited Partnership, on
behalf of the partnership, who is personally known to me or produced as
identification,
t~t~
Notary Public
Name: SUSAN T MATlIRO
Certificate j\jo.
My Commission ex ires:
STATE OF FLORIDA
COUNTY OF COLLIER
o<>~.v """<- Notary Put;JliC Stale of Florida
~ - ': Sussn l Matl!ro
". c:: '.. .. My CommisSion DD8j'J6fJ6
~?or",o<tQ Expires 10f1S.'2012
The foregoing Escrow Agreement was executed before me t IS day of ,
2009, by BRADLEY BOAZ, as Authorized Agent of BARRON COLLIER PARTNERSHIP, LLLP, a
Florida Limited Liability Limited Partnership, formerly known as BARRON COLLIER
PARTNERSHIP, a Fiorida General Partnership, on behalf of the partnership, who is personally
known to me or produced as Identificatio~{ (Jf. ~
Notary Public
Name: SllSAN L. MATURO
Certificate No.
My Commission expires:
~
<J-'f."i "Lit Notary Public State of r-1(Jrida
p....4 <t. Susan l M:;\uro
~:f' i Mv Commission DOWN,er
'f.).Of""cC Expl1e" :o,r1512Q12
SSA 13 Escrow Agreement. Page 7 oj 9
8h,4-;w~
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Page515ofS17
,~
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this I !7Y!.. day of ~ ,
2009, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sproui Testamentary Trust, a
General Partner of BARRON COLLIER PARTNERSHIP, LLLP, a Florida Limited Liability Limited
Partnership, formerly known as BARRON COLLIER PARTNERSHIP, a Florida General Partnership,
on behalf of the partnership, who is personally known to me or produced
as identification.
~g~
Notary Pubiic
Name: SUSAN L. MATURO
Certificate No.
My Commission expires:
STATE OF FLORIDA
COUNTY OF COLLIER
..,.,.~ ~v. Notary Public Slate of Flonda
f~'f-. susanlMCl!l.lro
. ; My CommIssion 0081 06i'!6
~: . ~ Expire" 1 D'1 2012
.~ O~ fI.{[", ~
The foregoing Escrow Agreement was executed before me ay of ,
2009, by JENNIFER S, SULLIVAN, as Trustee for the Juliet C. Sproul Testamentary Trust, a
General Partner of BARRON COLLIER PARTNERSHIP, LLLP, a Fiorida Limited Liability Limited
Partnership, formerly known as BARRON COLLIER PARTNERSHIP, a Florida General Partnership,
on behalf of the partnership, who is personally known to me or produced
as identification.
, ~trk~
Norary t-'UOIIC
Name:
Certificate No,
My Commission expires:
SUSAN L. MATURO
'0..,....1 ~f4( Notary Public Stale nf Floridi'!
~ ..I "i- Susan L MiltWQ ~
; ::~.. i My Commission DDB10666 .
"~pn'.o~ Ex res 101~!:\12~~~
The foregOing Escrow Agreement was execuled before ~ day of ~~'
2009, by KATHERINE G. SPROUL, as President of SERENOA INVESTMENTS, a Florida
corporation, formerly known as ECST East Corporation, on bar,alf of the corporation. who is
personally known to me or produced as identificatiqn.
k. \j} I
_--$I!d~4'0JY" Itdl{)VJ
Notary Pubilc " .
Name: SLSA!\ L. MATURO
Certificate No.
My Commission expires:
STAT" OF FLORIDA
COUNTY OF COLLIER
~
c",",~~Y ~~~ N01<lry Pub'i~ State I)' Flonoa
."'. . Susar- L Mat:J~o
-::. ~ ',!!f My CO/1lrt1:sslon 0881066G
"''''0' "oot' E'xDIf,'lS 10/15/2CI2
...............~"'~
SSA 13 Escrow Agreement - Page 8 01 9
-uh,4;wt
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Page 516 of 517
s~~.s .. pPJ r
. 0/"',(1 It? <J
. I
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrqw Agreement was eXfjuted before; me this cY!.O~ day of Oct'ebb' .'
2009, by r;,-ckl1 roso;Cdo)'YlO , as !'.&uduJ. ofCHEFFYPASSIDOMO,PA,whols
personally 'known to me or produced as identification.
,., / ,./-J
~ t U--Y -1..,.) C,- I a..cj' CijA_.
Notary Public -;:
Name: '/ Ill",'" S c- (0. <;lL F[
Certificate No. :OJ, ?&:t 5'77
My Commission expires: -",/';;(.(/.1.
~~'!\\ 7HERESAPAGAN
f4''';&'''I;), MY COMMISSION I 007S2179
~~ EXPIRES:Fobrua~26,2012
"'4,kf.,~. 8onOId ThN Nclaly PItk lkldm'lh"
SSA 13 EscrClw Agreement - Page 9 of 9
-ElK.IJ,4;6S;7 ~
'i7 o:C f '6
Packet Page -104-
~
1 I -
6/28/2011 Item 9.0.
SECTION 2
ALL COMMITTEE-RECOMMENDED REVISIONS
TO IMPROVE THE RURAL LANDS STEWARDSHIP AREA OVERLAY
Preface
Section 2 of this Report includes the full RLSA Overlay Program as evaluated. The Review
Committee determined that most of the policies in the RLSA Overlay did not require an
amendment so often took action to "leave policy unchanged," Those policies that were amended,
including those set forth in Section 1, and those with minor language corrections, are shown
below with strih thrSHgh and underlines.
In addition to all RLSA text, the following are attached with recommend amendments.
Stewardship Overlay Map
,. Attachment A - Stewardship Credit \Vorksheet
,
,
>-- Attachment B - Land \J se Layers Matrix
" Attachment C - Stewardship Receiving Area Cbaracthistics Table
The RLSA O,'erlav Reeommended Amendments
Goal (recommended amendment)
Collier County seeks to address the long-term needs of residents and property
owners within the Immokalee Area Study boundary of the Collier County Rural
and Agricultur~ Area Assessment. Coilier County's goal is to protect retain land
for agrieulturalacm'ities, to flreveRt the premature eOB"ersioR of agrieulfurallaBd
t6 R61l agrieultuFBl uses, to direet incompatible uses away from wetlands and
upland.habitat, to proteet and restore habitat eonnectivity, to enable the eonversion
of roral hind to other uses in appropriate locations, to discourage urban sprawl, and
to encourage development that uti!il,es employS creative land use planning
techniques and through the use of established incentives.
Objective (recommended amendment)
To meet the Goal described above, Collier County's objective is to create an incentive based land
use overlay system, herein referred 10 as the Coilier County Rural Lands Stewardship Area
Overlay, based on the principles of rural land stewardship as defined in Chapter] 63,3177(11),
F.S. 'The Policies that will implement this Goal and Objective are set forth below in groups
relating to each aspect of the Goal. Group] policies describe the structure and organization ofthe
Collier County Rural Lands Stewardship Area Overlay, Group 2 policies relate to agriculture.
Group 3 policies relate to natural resource protection;- attti:. Group 4 policies relate to conversion
of land 10 other uses and economic di,'ersification, Group 5 are regulatol)' policies that ensure
that land that is not voiuntarily included in the Overlay by its owners shall nonetheless meet the
minimum requirements of the Final Order pertaining to natural resource protection,
Group 1 - General purpose and structure of the Collier County Ruml Lands Stewardship
Area Overlay
Policy 1.1
To promote a dynamic balance of land uscs in the Collier County Rural Lands Stewardsbip Area
(RLSA) that collectively contrihute, to a viable agricultural industry, protect~ natural resources,
Packet Page -105-
6/28/2011 Item 9.0.
and enhance~ economic prosperity and diversification, Collier County hereby establishes the
Rural Lands Stewardship Area Overlay (Overlay). The Overlay was created through a
collaborative community:based planning process involving county residents, area property
owners, and representatives of community and governmental organizations under the direction of
a citizen oversight committee,
Policy 1.2
The Overlay protects natural resources and retains viable agriculture by promoting compact rural
mixed-use development as an alternative to low-density single use development, aod provides a
system of compensation to private property owners for the elimination of certain land uses in
order to protect natural resources and viable agriculture in exchaoge for transferable credits that
can be used to entitle such compact development. The~~~~~rein are based in part on the
principles of Florida's Rural Lands Stewardship Act"qlaptei: 161~3177(11) F.S. The Overlay
includes innovative and incentive based tools, technilii'lllj; and strategies that are not dependent on
a regulatory approach, but will complement existing',t9cal, regional, state and federal regulatory
I~' ,
programs. \
Policy 1.3 I" .V'<'Vv."
"f.":;,
This Overlay to the Future Land Use'NlaP is depicted on the.''stewardship Overla~Map (Overlay
Map) and applies to rural design~.1ands located ~lhin the lrnwkalee Arel!c$tudy boundary of
the Collier County Rural and AgQcllltural Area AS.$~ssrnent ref~t?itlthe State of Florida
Administration Commission Final'Ol'<1l1t No, AC~.1l02. The RLSA generally includes rural
lands in northeast Colli"lc:ount)' lyingDl?rthan9",~tofGolden Gate Estates, north of the Florida
Panther National Wild~~ Refqge. and BJ'g,PYi?re~s National Preserve, south of the Lee County
Line, and south and west of the Hendry Cout),ty Line, and includes a total of approximately
195,846 acres, of which approximately l82,334a"res is privately owned. The Overlay Map is an
adopted overlay to~e Future Land Use Map (FLUM).,
Policy 1.4
EXgepta/>p1'<lvided in-Gf()up 5 Policies, there shall be no change to the underlying density and
il)~Hyo( pennitted uses9(land witbin theRLSA, as set forth in the Baseline Standards, as
<\el;jped in Policy 1.5, unl;;~,.lI!19until ap~~'P~rty owner elects to utilize the provisions of the
Ste""ardship Credit System. It is,the,.j~nt of the Overlay that a property owner will be
cOmpensated for the volillltary stewardship and protection of important agricnltural and natural
res,?urces. Compensation to the property owner shall occur through one of the following
mechanisms: creation and trllnsfer of Stewardship Credits, acquisition of conservation easements,
acquisition of less than fee interest in the land, or through other acquisition of land or interest in
land through a willing seller prob'fam.
Policy 1.5 (recommended amendment)
As referred to in these Overlay policies, Baseline Standards are the permitted nses, density,
intensity and other land development regulations assigned to land in the RLSA by the GMP
Gro~ Management Plan IGMP), Collier County Land Development Regulations and Collier
County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim
Development Provisions referenced in Final Order AC-99-002, The Baseline Standards will
remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, except as
provided for in Group 5 Policies. No part of the Stewardship Credit System shall be imposed
upon a property owner without that ewOOf'5 mmer's consent.
21 - :
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31 c
6/28/2011 Item 9.0.
Policy 1.6 (recommended amendment)
Stewardship Credits (Credits) are created from any lands within the RLSA that are to be kept in
pennanent agriculture, open space or conservation uses. These lands will be identified as
Stewardship Sending Areas or SSAs. All privately owned Jands within the RLSA are a candidate
for designation as a SSA. Land becomes designated as a SSA upon petition by the property owner
seeking such designation and the adoption of a resolution by the Collier Connty Board of County
Commissioners (BCC), which acknowledges the property owner s request for such designation
and assigns Stewardship Credits or other compensation to the owner for such designation. Collier
County will update the Overlay Map to delineate the boundaries of each approved SSA.
Designation as an SSA shall be administrative and shall not require an amendment to the Growth
Managcmcnt Plan, but shall bc retroactively incorporated into the adopted Overlay Map during
the EAR based amendment process when it periodically6ccurs" A Stewardship Sending Area
Credit Agreement shall be developed that identifies th?se allowable residential densities and other
land uses which remain. Once land is designated as a SSA and Credits or other compensation is
granted to the owner, no increase in density or additional uses nnspecified in the Stewardship
Sending Area Credit Agreement shall be allowed oll'such propert)'..!!DJess the SSA is terminated
as provided elsewhere herein.
Polin 1.6.1 (recommended new policy)
Notwithstanding any provision herein to the contrarv. upon initial approval of a Stewardshio Sending
Area ("SSA"). the Stewardship Easement shall be established for a term of five vears ("Conditional
Period") and shaJl be deemed a Conditional Stewardship Easement. The Conditional Period mav be
extended for one additionaJ year at the aotion of the oWner by providing written notice to the County
prior to the expiration .ottludn"itial five "em-oeriod. Al1conditions and restrictions of the Stewardshin
Easement related to maintainin[t the existimr nrooertv conditions. includinll all manaQement
obligations of the oWner of the SSA lands. shall be ill full force throughout the Conditional Period. If
at any time during 'the Conditional Period any of the following events occur, then tile Conditional
Stewardship Easenient shall become a Pennanent Stewardshio Easement which shall be final.
pemetuaJ and non-revocable in accordance with the terms set forth therein:
I. . Stewardship Credits from the SSA have been assigned to entitle an aoproved Stewardshio
Receiving Area ("SRA"), and the SRA has received all necessarv final and non-appealable
development orders. permits. or other,discretionarv approvals necessary to commence
construction. including subdiVision plat ahd site development plan anprovaL but not building
pelmits. 11' Stewardshio Credits from the SSA have been assigned to more than one SRA. then the
receint of all necessary governmental final and non-aopealable develooment orders. permits, or
other discretionary approvals necessary to commence construction of any SRA shall automaticallv
callse tile Conditional SteWardship Easement 10 hecome a Permanent Stewardship Easement:
2. The owner of the SSA lands has sold, or Iransferred am Stewardshio Credits to another person or
emitv, includinca Stewardsi)ip Credit Trust as descrihed ilJ_Policv 1.20, the closing has occurred.
and the owner has received the consideration due from such sale or transfer. but not expressly
excludine.:
(a) a sale or transfer of the StewardshiD Credits ancillary to the sale or transfer arthe underlving
fee title to the land, or
(b) instances where a landowner establishes f:!-D_S~6,J2L1J.__~cific SRA. whether the SRA is
owned or developed bv a SCDqrate or related entity. and the Stewardshin Credits are
transferred as required bv the Gro"th Management Plan or Land Develooment Code for SRA
2PDwvaJ: Of
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6/28/2011 Item 9.0.
/
3. The owner of the SSA lands has received in exchange for the creation of the Stewardship
Easement Agreement other compensation from local state. federal or orivate revenues
(collectivelv. the "Events").
The LDC shall specifv how. assuming a Notice of Termination (as hereafter described) has not
been recorded. the Conditional Stewardship Easement shall automatically convert to a Permanent
Stewardship Easement upon the earliest to occur of (a) anv of the foregoing Events during the
Conditional Period. or (b) 180 days after the last dav of the Conditional Period. as and to the
extent extended hereunder. In the event that none of the foregoing events has occurred during the
Conditional Period. then the owner of the SSA lands may within 180 days after the last day of the
Conditional Period terminate the Conditional Stewardship Easement bv recording a Notice of
Termination. In addition. if a challenge and/or apneal ofll:lIe()ll~sarv development order. permit
or other discretionary approval is filed. the owner ,~ftb&'~limds mav elect to extend the
Conditional Period until the challenge or appeal is flnlllTf resolved: If the challenge or appeal is
not resolved such that the construction mav commeili:il'under terms acceptable to the owner of the
SSA lands. the owner of the SSA lands mav witlifn 180 davs of the final disposition of the
challenge or appeal record a Notice of Terminatfmt;: Upon the recording: of such Notice of
Termination. the Stewardship Easement ~lP'eement an~CXlrresponding Stewards nip Sending Area
Credit Agreement shall expire and te~~;,thll Stew~~hip Credits generatedo,y the SSA shall
cease to exist. the rights and obl~tior;s set f~ID the, Stewardship Easeme'1fshall no longer
constitute an encumbrance o)>"~i;:-property. ann,ihe SSA Memorandum /slmll be revised
accordinglv, The owner ofthe:SSA.lands shall orovid" a copy (,f,theNotic", of Tennination to the
Countv. Vi,'
"; ::,:.',. ,.........,
In the event that th~ Stewar~hip Credits iromatl SSA haye been used to obtain one or more SRA
approvals. but none of the 'forenoing eV'lntSl1tis' occurred during the Conditional Period. then the
Notice of Termination shall also provide fot'te\'lTlination of any SRAs that have been assigned
credits from thivSSA. unless the SRA owner bas obtained sufficient Stewardship Credits from
another source and such Stewardship Credits have been applied to the SRA, In the event that a
Notice of Termiilation does terminate an sM. the owner of the SRA lands shall ioin in the Notice
of Termination. \- I,
,: ":;C.._ ",,- -..i...:...... 1,'"
In the event that a Condlti?nal Stewardship Easement is terminated. all benefits. rights. privileges.
restrictions and obligatiOnS llSS{)ciated ",,\th the SSA shall be null and void. and the land shall
revert to its underlVIDn zoning::c]a:sslfi~on. free and clear of anv encumbrance from the
Conditional StewardshiREasementariaSSA Credit Agreement. If requested hv the owner of the
SSA lands. Collier Co~ and the other grantees under the Stewardship Easement Agreement
shall provide a written rel~se and termination of ea"ement and credit agreements for recording in
the public records withinnS days of request from the owner of the SSA lands. Collier CountY
;;hall update the overlay map to reflect the termination of any SSA or SRA.
,..;;
This nolicy'shall beil11plemented in the LDC within 12 months after adoption hereof.
41" c
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,-
51
6/28/2011 Item 9.0.
Policy 1.7 (recommended amendment)
The range of Stewardship Credit Values is hereby established using the specific metbodolog)' set
forth on the Stewardship Credit Worksheet (Worksheet), incorporated_herein as Attacbment A,
This methodology and related procedures for SSA designation will also be adopted as part of the
Stewardship Overlay District in the Collicr County Land Development Code (LDC). Such
procedures shall include but "" not be limited to the following: (1) All Credit transfers shall be
recorded with the Collier County Clerk of Courts; (2) a 70venantor perpetual restrictive easement
shall also be recorded for each SSA, shall run with.thj} land"'ahd shall be in favor of Collier
County and the Florida Fish and Wildlife Conservation Commission, DepaFtmeat of
EAyirenmemal PrAleotieA, Depaflmem of f.grie~lt~r~ and CenG~mor Servises, Seuth Florida
Water Management Distriet, or a reeegnizca slalewise lana tIUDt;: ,':\i:","; ,.",,'
~t.~!" ::,l~ ,~~:~,:;". "','I;P/"~_',:'. \'/;;L:::.'
,,;r, __L'._,- ;,;.';"[l)',.<;,J.) '5."~1"__';',,'di2,,0l,~~d' (3rfor each SSA, the SteWardshi'l' Sending
Area Credit Agreement will identify, the specific land management measureS that will be
undertaken and the party responsible for such measures.
PoHq 1.8
Tbe natural resource value of land~ithin the RLSA is measured by the Stewardship Natural
Resource Index (Index) set forth on the Worksheet The Index established the relative natural
resource value by objectively measuring six different characteristics of land and assigning an
jndex factor ba"d on each characteristic. The sum of these six f."tors is the index value for the
land. Both the ch.vacteristics used and the factors assigned thereto were established after review
and analysis of detailed information about the natural resource attributes of land within the RLSA
so that dcvelopment could be directed away from important natural resources. The six
characteristics measured are: Stewardship Overlay Designation, Sending Area Proximity, Listed
Species Habitat, Soils/Swiace Water. Restoration Potential, and Land UselLand Cover.
Policy 1.9
A Natural Resource Index Map Series (Index Map Series) indicates the Natural Resource
Stewardship Index value for all land within the RLSA. Credits from any lands designated as
SSAs, will be based upon the Natural Resource Index yalues in effect at the time of designation.
Any change in the Characteristics of land due to alteration of the land prior to the establishment
of a SSA that either increases or decreases any Index Factor will result in an adjustment of the
factor values and a corresponding adjustment in the credit value, The Index and the Index Map
Series are adopted as a part of the RLSA Overiay,
Policy 1.1 0
In SSAs, the !,'Tearer the number of uses eliminated from the property, and the higher the natural
resource value of the land, the higher the priority for protection, the greater the level of Credits
that are generated from such lands, and therefore the greater the incentive to participate in the
Stewardship Credit System and protect the natural resources of the iand,
Polk)' 1.11
The Land Use Matrix, Attacnment B, lists uses and activities allowed under the A, Rural
Agricultural Zoning District \-vithin the Overlay. These uses are grouped together in one of eight
separate layers in the Matrix, Each layer is discrete and shall be removed sequentially and
Packet Page -109-
6/28/2011 Item 9.0.
APPENDIX L
~(j,K.(;.it~
1.nAI\t:1e;a~lG~.F'~'t,,~~~
~~:-o:Em"t.<~tfJf~zt'l~
J~Hl;\IiJi.FlAaJ!ft~
~~'\:l:Inf.~I~tr"n:mt1J4G'i
:.;..r~f",'Ii'm.e~
~l;l!j,m.T{'r,W'"_1R~&.~~~
:7_6!:r~J::lir"Kr.~
ecwm'I::S'~mr..u,.~E,IOdm:tI);;/~~L'
.K~C.l<aj~
e:~-rurr.GeD':; J _ ~m'('~')
f;.ti.rAr.l.tt,l.,ij:CHr7'n~
e:~;:r,;1,""Xl'" ~>ifl'1mHl',,~.n~~'
.id=.'f ~,-r~~n;"1
fl,tWDt...~.(
t,':g'~~'~l
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~~~~~~ ~~"rt'f~!f'C''Thr,rT'1'O!'~
,.., "~
t...I;li.E'.FF'f Iri,ss.ll)ONJ{)
W'1.!l.SON &:: J OH1ilS-GN
Ar1'!lX1'~ .cr- L:t:!l"~ !J'-f;
~;Ti ~~'h\;.,~&l'iJm{ :s.;..m: 2:)'
~~ f,''Wtr.W:. ~~1.~
riE:LEPH:J.:.~E. -\Z..~~~'~'&~Q
t:J;:r;,~; W;~7':~
a'PM..: G"-'(V.J~i'l,;c:t.,.,.i.;:.~=t'I
L.DJ1Dj.,W =;:s11';FFf
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~H. f:WlN!tf
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iilR;'C.~
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~ l2'.:'Ttl"'ClRL.~s:zAU.~'
WI'CM.E.~~
C>!lll!;'<Q"'I!l.!._O~
~,5;..~.!';:
~e.~
J./.'.eONe.~
1l.!:,I'l:JIMr~IlCJ,~!JreM
r.r:~~
~~L~":mE
OIRIJ,Cif- ~AL: (2W)gUl-i~
OtllU", ",\lIO. tl:M'J:!'\1-l>!>!><
$epl6moo 19, 2ll[J!',
M, Th(ml:1l.Gre......<>C>(ir
P\!Il'ldpa "","n""r
c-''''TlF'lh!''''sO'''' i"iEnnlng Dsperlmem
2aOO North Hi;Jn;Sdl<>il Clrtve
N"1?l=$.. F!. :;.41';15
~: c--.m", CoWJlly RLSJo. ?_ II
~c MY G,,,,,nwo:>:!
Oudtn"o., ~ei.tle1 'With Wt$!l)i;'>h.m~ee. :f.;::" ~'e"'~ AHttt, !rit;.., P&ciflclti1'ti.;!tic G1o~.
5s1TOO Coa",r O;>T';JBn'l'. Cooaolldeted C~'''''' f"rlIt:jr ;.arm. Hslr Cirds L RM'rcf\. Ra"~ o.~
Coop" ~Ii!;h i"rol'<'rilel;, ""d Colli." Emer~&, wt.a coIlf<::1Wa1y """'Prigs 1h!; 'EasR&!fr.
Q:l!i~ 1'rQ~ "'""~~,. Qf i:'ClPO fr1 th" (lI'tg,,~ """.,... <>f I~ CoWQf COlllrty R~,.a! Larl$
~'ttrd~hlpMe? ('RLS;l.'),
lnltial C8PilO'''V. we ~ja\IE ob-~ 1het a leek 01 cecIBlrlt)! 1I1&t _,.t!shi;> cte6n~ Co1<n
lie utiiimd to errtitia II SRi'. aoo !hill th" s.AA ~ ~1Br m.:aiw! 8&> n"oollMry pf!Sl'li~"
_~ Ia rom'OOrl;;l; corlSlFu~ a>n Ui!l~a Itle ilt(.)EliliWe I", ~ 0'M'.El''& :c' aaetE
~~ ~ ~,,$;'liii' cro~i\$ 1<111;:",. ;~ !I,m. ~ .,;;;!)j;j;l\ IlifJl< Hw.m f", Ilro'ioolinjj r~
~,.oU'~~~ arl4 ~,lctJl~ itll!.,~ RJ:_SA,
We ibarnfore; raBpeci:tJlljI propC:l!l!!llhe al!l9c!,~ palicy ~ ma~a at~",'dsl'li';r- e;l;~I:'!t'I""'~
crilStad <lIP" <!lJPfOifal of i! SSA .w!1dtllonal fa;- s ~bd ar 5)'allfil or ell ClJb2 of !!'18 rQ~:Kk~l'\'d'
1i!~'1t; {J"'..or.;~ l!t mit1";:::h urr$ ~oo Ga&Smeot' bCCXltV~ p,:;lrsrranit
r;:'$?ii!l~ fr.:;crl tO$l SSP... m~: t6i!ii:l~: 11;1 G'IT[m~ l\ SRr4 E':nd fha- BRA '.VCB~ r,J
F':ti;~~~;tty rU~frrlt!:i t!:; ~t'/;'i~t1I$;(~ ~~;I~U~
tile SSh Cl'\irl["Vaf i~;]::''frt~t~f /itEdjg tt\e- ~15..;l ':8 b an.ctth::s" pe~t:, 0,;"
250lPage
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6/28/2011 Item 9.0,
-
~';!!.L ;tti't}af; i]re8!"fM.;.1QG
S8pl.s:mb8i 101 10G,tf
F~ge :2
lhe SSA OO'rler r8C6:illi:?S other CCI"li~ff~liOn in ==lo:d1~n~ frx r;ire;;tti~'i; of tl~ $SA.
eaoemant
Ir none <X ih<> r<;rotpne """""'''' <r.::ur @Jrin;r (hi; 5 YI>ilf cancIU::mai pariod, the ~'" of
1M SSA l8t,dS _.y I!'l_$f~ "","'ll\~jh~ ~""""""'nL
llpoo I<I'<IJcsnon of ~I'l& 8SESi!<1"""t.
. Ih~ SSI\ io.oos ro-vl<li boose ro:"\in;:,
lhfo ~jll:~ k~~1ed tw Olt. SSk. C!,":~ \.t1 ~;ci${,
!he- 1t2htB !lOO OOIlBr;j1::<1e """"t'Ei<i L'j' lhe _~1<;~l be""""vi flue I!iflO >\:lid, al'l<i
it' c:rt.~~ CrQl"1'l ;t $~ ;t4"T; U$'.I1~{;' Ie OOi'S;~n 0"1/2 eti mOffi SF;f.\ awprova:s, t1i:: ~~".
B\..r}.i~t~ si~ ~rm;~J~;"
Dltf~.g b":!S 5 vear c:Y.ttrlltioNtt [lBntld, i~t€, ~~~' d tne -S:....~ !~f'l:;jS ~~li ;!i,btcle. bY. :.U
~-01i:Oit;;m$ ~nd lW~i.;'ti~ ';X"";P1G{i, In tl~ :s~:ardBt'~jJ aSESm-9rTI f€<~8rmng: matll~B:tn!r~
~pf.S1r}: ccr.r~iift:~ ~;rtd ~;-f~ml";i~ ITl~:g~~:l:, c~'Hg~io.,'lu;,.
Yr:c, epp:-ed,ariE tfli Cr.-;1j~U(.0"~ :::.' [.;J~8r~r ~t-.e ~rC';-:J~:~i ~o );'::i'''':
():&~3.1SS!rt,t:t 2T!1'- q'AYi,~i::;x:rH; ~~..:.u {}$' tt~l€ -..:..arr,?rt!t:itc""f:" D9-Y ;-l~ ~.o:l:;;erntrf:;j !t
;Sid [Jtlt: CC:f~ttr b
\'~'.:y ;r\!:-~ ~T:";.':":'f, J
i'\ t'
~,,\ /
.....,\ .".,.f.-"
,'., }..../ k"'.......... i
j,..,l",..., .,.t." .""'......j..J.."'''1'~,"'
~-'~"-.'il O;-'i'-. ~""~";'-;~>"'.""
;::'rfrrr-r\r'ri
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$SI. ~'lItRt1lllli'OU(''''l'll0l'0$''''L
VN-~'1 ~fom In [ilt! b!nIKftr,~ or~li{:v 'I 6:
0-_ In 1$ dtJI1iI'"l<<llll/ . $$ill" M>~'" I.. <l:m;J<1' <J( 16:1I1100>11 ~I ~J1od Ie ~ Sre'JI.'<llllllJul'
SllMiill8 """'" ecadit !~ 01""1 be .1il>Wllll an sum ~ ,.00!..1h. ~SA .. -_..< ,..,.,ili;!!
.~~,
FJmH"~ .,i"w nfiWlt..-rrI'
WcrIwllblllBa:llll&"1t\' pro"t..,,,, rno-elll ~ 1lH: _!Yo Ui>Qtt InIIln I "I'poovel .,1 t, S"'Y/"'1lil1i~ So,ul-h1t, Am.
f'SSA'1. lIz; SlBWo:tlr.fe;:l Eo_ ,.tiIl "' _i,had Ii:1r . 111lt1l 0( 6.. "",on ("C<mdiimlDll! }Ioriml") ond
mdI to ~ . C"""ua.:4l Siz,~,,,,~",,,,,1:. All 00.<:1100"" and ~~1lI of Ihe ~t6slt1j>
Eo......ol """ll"~ 11> MOI''''~ Ibo _I"':;, p"'lJfi"!r =di_ =~1Ido1; .11 m~ 1Jbil1p1>>om of lIiJl
""""" III the SS.A ~ sin." a. m 6011 ....... ~ 1ho Coodilin..1 Pl!tiEd If II! MIl' Ii"" dllring IlIo
"'n\!!lio.al f'~ ""~' of ItIi:' lbU""''',~ <:!\!Onlll "'4'llr, l~n 11m: CoodlOO!ilrl ~""llf;o ~nw;w; shllil
~.. t ~il;;u! ~~ 6""''''=1 whj,;killlJl Do flilil. p<\lpOl.uiII -=1 ~ in ",,,,,,,,,",,,,
,,-nt. l!:re IE_ ~ i'ioIlih liam:in:
Slow_i" Cmfilo '"'"' IIw tiS/, iui........ owi"",,~ III .al. an .J'P'II""'l Ste~ 1"_
"""" ("'JlltA ~l. md IL. Sll n.. "",.;.."j .11 """"'""'lI E-I ....I noo. 'l'P"'!ah&o .;".,,1.l'llIl,"~.'"
r=l&.<IT<FII1I'1<<1Ig;:,~~II;'_1')'ICl<:OII'1r,,"~_,""'i61L lfSle_IilJ>CT0lillI
J..... ibo SiA ""'" ....... ~ .. m_ Iblw. .nt SRA. Ibo:n c.. """Dip! ",..n """"""'Y lb1l ond
=__Ic.bl..;..",!"""""" ~ ~."" oib", dimretimwy "l'PRl..a!o "''''''''"''Y1o """""""'.
~I>/!, !if IAl! SI'~j:, tMll ~~lilMltrjl~ CI'4l-lho t'6I!.dlll!iiW S"';oj~p ~t4l_M ~
J'_S4oow~", ~t
lC Tb. 11--..- <Jo( It!> SSA .b1m:r; lll!l ~1lW BOld CT IlIinUlm1IlOlij ~I!l.ll CIodh. I1D 1lJ1_
~ I:ii: 1!ii.1\r.i1. iil:e~ t SIO'ii.......nol> C,,:d'~ '[n:sl d <l\M~ ill F<.ii~ 1~1}. imoI ,..",....u..-
c:onridlnlt=n dm- Ero:at sm:b. ...Ie (! r tm.nd"er. b;;.'i 100I1 ifH!tuding: IE ~ .or 'lmDie:r or tilt ~t..;.Ttfd:.~
C ~ ""clli.ry.. II... ..... <It I:!YlU'''''' cflll;:: 1lltAi:;'Jl'11lt to:;; tJ11~ ,. IIl~ Inll"i O'i
J. ~~'II!;!>Il:f~ SSA l~ hs~~ll1!;Ol' ~ &< dB~bI!" iiI ~Iiey l.IE;n ~I!"
jtpa:~=II"",oroll,;~p~ A~rr=I.
In the """"[ u..al .."" ~[th. iM..'1!"i.g eYmlt 00; ocllW1l'Oli ciminI! a.. Cootlit,...1 Period, liu!n w........ "r
Ib!, $Q,I. ~ mE\' v,;l!l.!Ii 100 d.:,\'io JJ~fll~ I,~I d~y ~'II~ ~hl...1i1 ""..,(K\ ~. Nolo:< (jrrOdu!nl.li....
In ...-I[=. if " .lWlilII8" onrlI... "fIP"'" ",r" """"""f}' doY1llofllll'!"t _, penni;! "'" ..I!ul, ~"Y
'1"1""""1 '" Eiloe!, d.. ~m the $!\A ~ mry"'t m """"" t!it: O;odJt1O<jtil ~rJOO ltlll:iI dtlo ehll.ll~ fI1!
~ W n ",'1,- rt.$1,,~ Jf ~'" O>J<-1I>...,.,. 0< al't>'11llB OOl """'100 ..Ifi:ll, U.alli!lt; ",,,,,,,,,,,,,,,,n rlii!~ --
<lllE em W'J!;~!i! Ie 1Iir _!!ill>! W.lu&,1iI!! lIWfifl' l1I'ft SS), lil:1ltl!:; lilliI' 1rilhiIlll:O m.yl 6!'tL!
frl1ll1 diop...ioi"" "t~ ...Ii..!!" at <ro#l ~. ~ 1><oI~. q.ff.lIm:i,,,,,101l, Ull'Olllbo ll>~ o;$v"!<\:II....
!)f'T(:rmin.Il_, ilill> ~ E_ ~ l!llll =~oo:!in!;. ~~Smlillt ^"",' C<Il!liI
k~ rlMEl ""l"'" EmIl e:m '''''t., a,., ~h,!, Qr.,d'ill ~Iry ~ ll!lA.....1 ...... to> er.1~ ~
!l~ ~fid <fA\\~ew,,;; 8<1 foollt Dt ~ SlfW'~,;p E",,"i'iWl rjj,;11 fI/J ~r "","lIIlu", 1m .m.m.b"""", GIl !h
P"'f"'rtr. rmd lite SS,", M<i:oolll":I.m .n.&l ... ""'~ '" .::rn;-"'WF 'J'h. ."""" of fi..!iSA irMt smI, ~ .
OO!>i'otrt~N~o(T~_ICfh:::~
IJ; \'\1!': ~!!:w; If'" SI".',"\lml>'C~ ~!05 $A 'k1~ 1;!!iI'i t,j~ i;l ijllllrlllO~ ilf~ SRAti,,,,,,,,,,!.,
OW; """" otl!lle f~ ._ W IV""''''''' <Wi"4\: U1!l CIlt,,,""''''<l!'oci.od, !!L.. tiU1:;""", "rr_
.mm .1", ,=,,'id. !Or !=1i""ti",.. <tf _lIilLA< lis' h_ """. .,..... ::redi>< f""", (ho !:;.;lA, '->""" ti", I<R.A
""""". IT" <JI<i:I~ ""ffiolO!\'t ~~"' ...1thJp arw... '''''''' ...,"'" """"',: ..uI .."dh ~_? ~"' b-".
~ ':i:rr:.Jd !J:i l:l:w ~Jt... IE f:L"e ~L tit,a,-{ D. W:::rh~ of m1\~in:rot\ d~ tem;~rur.lE m E'P2A, ~h.t. D;Wfl c;T or ~
W;.A., ~nd:!ii' s.&l[ jcml: tn tt-I!: "N:oH~ afTm't'rm.~,i.oo.
-
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- '" Ill::: =-~ lltl1l ~ CoJc-:illiull..131~"'ml.IIJt' &mew; i~l"""inli1ll:l. 811 bomEi!l. ~ pri...iepr,. nllrioli"""
Bl'1<l C1bfigllliOltl$ _illlB:l -.,';1. & gs;" "11:11 bo> IIllIII and ><rid, ond tho Iond slm/II _ tD ill ....o.riymg
""";"1> ~....._n. Ii>:<: ...0 .,lcm ..r _ <"~ '- ~ c..n"11"".1 ~"''''rdo'hi" n.....- "'''' IlGA
'-...II! ~nr. Itt"'l"""'oob., ,!:t- _I Of(W,SSA ~,CoJller ('''''''''.I' wi (lll> ~~. ~ 115
SI"-",dlhlp !Buo1Elml AII"'9WIl cl1ll11 ;:nm.i<c I ..milIm "'I..... =l ~ cl' owen=l -' aredil
ogroemenl> iDe ~l.. "" ate F"'hIIc ~ onbln is bl'" of ~ tNlm 1M _ :If 111<: SSA bnd&.
O:I1i,ol C=ty AImlInpdMll Cb; ,"",fi:~' mtp ill>:remfl;';( 11"1CnI:linMioct or""y 55A Or Sf.k
Th!~ roller ~ lto In'~m}<j IrL IfJO we orlthJt tl fn!lmfl!. .t'tsr ~~'"" i~ut
~""'...~,,1~;E'.S':':i~;::&"~i:T' ~'~~_':""[;": ~j"i''::;;'- ~'i:~:;'~!>t<;t-';"1Etl".i.:Ct<<
~
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