Backup Documents 09/10/2013 Item #11K ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJIK I
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
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ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception
of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to the BCC Office(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Mike Bosi GMD Planning & Zoning mph- 9-9/2013
Services Dept.
2. Heidi Ashton-Cicko, Managing Collier County Attorney
Assistant County Attorney Office �F�L \72413
3.
4.
5 __Kristi Rar-tlett e t ve ^_ let_ th_ Board of County \14 /G A
—Bee-Office Commissioners
�
4Z-A1 Cz)
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the Executive
Summary. Primary contact information is needed in the event one of the addressees above, including Kristi Bartlett,needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.)
Name of Primary Staff Mike Bosi (I r-�. r��,r�e�5��r� ' Phone Number 252-6819
Contact
Agenda Date Item was 9-10,2013 Agenda Item Number 11K
Approved by the BCC r�
Type of Document Resolution c:�ce,8.ly-q\'7\r-St) Number of Original 1
Attached aOl 3-. i '2sr - no Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
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document or the final negotiated contract date whichever is applicable.
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signature and initials are required.
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should be provided to the BCC office within 24 hours of BCC approval. Some documents
are time sensitive and require forwarding to Tallahassee wit n a certain time frame or the
BCC's actions are nullified. Be aware of your deadline !
6. The document was approved by the BCC on 9/10 /2013 (enter date)and all
changes made during the meeting have been incorporated in the attached document.
/A1
The County Attorney's Office has reviewed the changes,if applicable.
11K
MEMORANDUM
Date: October 1, 2013
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2013-201: Approving the extension of certain dates
to November 18, 2014 in the Stewardship Sending Area Credit
and Escrow Agreements for CDC SSA 16
Attached for your records is a copy of the resolution referenced above, (Item #11K)
adopted by the Board of County Commissioners on September 10, 2013.
The Minutes and Record's Department has held the original copy for the Board's
Official Record.
Thank you.
Attachment
11K
RESOLUTION NO. 2013- 2 01
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION 2008-
330, RELATING TO THE STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "CDC SSA 16"; APPROVING THE
EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2014 IN
THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
FOR CDC SSA 16 AND THE ESCROW AGREEMENT FOR CDC
SSA 16.
WHEREAS, on November 18, 2008, the Board of County Commissioners created a
Stewardship Sending Area with a designation of"CDC SSA 16" and entered into a Stewardship
Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement
with Collier Land Holdings, Inc.; and
WHEREAS, Collier Land Holdings, Inc., represented by Richard Yovanovich, Esquire of
Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to
November 18, 2014 in the Stewardship Sending Area Credit Agreement for CDC SSA 16 and
the Escrow Agreement for CDC SSA 16; and
WHEREAS, the Board of County Commissioners agrees to the requested extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The first amendment to the Stewardship Credit Agreement for CDC SSA 16,
attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for CDC SSA 16, attached hereto as
Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this I, day of
Pkn'1 � , 2013.
ATTEST: . ` BOARD • O� Y CO MISSIONERS
DWIGHT E. BROCK,CLERK COLLIE' CO '� T , F IDA
B L+ 'oaks�`s #. By
Y: a
•ut ANA ,n G re'G A A. HILLER, ESQ.
Attest L to « ails, Chairwoman
signature only.
9/16/13 1 of 2
0
11K
Appr.ved as to form and legality:
1
H-idi As ton-Cic o
Managing Assistant County Attorney
Attachments:
Exhibit 1 - Amendment to Stewardship Credit Agreement for CDC SSA16
Exhibit 2 -Amendment to Escrow Agreement for CDC SSA 16
CP\13-CPS-01236\7
Item# _
Aeda 3
Redd 43170 31,
9/16/13 2 of 2
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EXHIBIT
11K 1
FIRST AMENDEMNT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CDC SSA 16)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
10th day of Septemebr, 2013, by and between COLLIER COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon
Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112, and CDC Land
Investments, Inc., a Florida Corporation ("CDC") hereinafter individually and jointly referred
to as "Owner", whose mailing addresses are 2550 Goodlette Road North, Suite 100, Naples,
Florida 34103 for the purpose of extending certain dates.
WITNESSETH:
WHEREAS, Owner submitted, and the County reviewed, a SSA Designation
Application filed with the County on May 27, 2008 for the CDC SSA 16 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement ("CDC SSA 16") on November 18, 2008 ("Agreement"); and
WHEREAS, due to the change in economic conditions in the State of Florida the
review and approval of the Town of Big Cypress SRA has been delayed and the parties wish
to amend the Agreement to extend certain dates.
NOW THEREFORE in consideration of the above premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in
further consideration of the mutual covenants contained herein,the parties agree as follows:
1. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CDC SSA 16) is
amended to read as follows:
Restriction on Land Use Amendments.
Upon designation of the land described in Exhibit"A" as an SSA, the Owner shall
not seek or request, and the County shall not grant nor approve, any increase in
the density or any additional uses beyond those specified in this Agreement. Two
thousand seven hundred and nine tenths (2,700.9) acres of the lands subject to this
Agreement are within a Habitat Stewardship Area (HSA) and one hundred and
sixty three and six tenths (163.6) acres of the lands subject to this Agreement are
within a Flow Way Stewardship Area (FSA) and eight and seven tenths (8.7)
acres of Water Retention Area (WRA) and three (3.0) acres are designated Open
as depicted on the RLSA Overlay Map, officially entitled "Collier County Rural
and Agricultural Area Assessment Stewardship Overlay Map". Upon designation
of these lands as an SSA, the Owner shall neither seek nor request, and the
Words underlined are added and words struck thru are deleted.
nJ
11K
County shall not in violation of Sections 4.08.06 A.2. and 3., thereafter grant or
approve any expansion or conversion of agricultural land uses. Notwithstanding
any condition herein to the contrary, this Agreement and the Stewardship
easement shall terminate on November 18, 2013 November 18, 2014 unless the
CDC SSA 16 Stewardship Credits have been exchanged for the Town of Big
Cypress SRA, and the Town of Big Cypress SRA has received all necessary final
and non-appealable local, state and federal permits other than a plat, site
development plan or building permit necessary to commence construction of the
Town. All affirmative obligations and negative covenants contained in this
Agreement and the Stewardship Easement shall be null and void upon such
termination without further action from the parties hereto. Upon such termination
the land shall revert to its underlying zoning classification as of the date of this
Agreement, free and clear of any encumbrance from the Stewardship Easement.
If requested by the Owner, Collier County shall provide a written release and
termination of this Agreement and the Stewardship easement for recording in the
public records within fifteen (15) days of the request from the owner. Collier
County shall update the overlay map to reflect the termination of CDC SSA 16 or
any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
{Remainder of Page Intentionally Left Blank}
2
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11K
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their duly authorized officers or representatives and their official seals hereto affixed the
day and year first written above.
BOARD OF • iii TYI CO MIS.SIONERS
COLLIER COUN ,Y, ILO''I)A
By: W V -
Georgia A. Hiller, Esq., Chairwomen
ATTEST: `5
DWIGHT E.BRCCK clerk
By: /:,0 �
Attest 'h1:. an
-
signaturQ:oy.
APPROVED as to Form and
Legal sufficiency:
A / C10
H idi Ashton-Cicko, Assistant County Attorney
WITNESS: CDC LAND INVESTMENTS, INC.
A Florida C rporation
d'e-1/2-a-(/' 6er,',,/ ,,,t, ...,,,_,_-,L
it
By: 2,__(Signature) Printed Name: h- c <. L . lx--1—se—L_
j(CN r-I ( :), e ic 0 p 1 (,_,/1
Title: \Y,:c.� -pre.6.i 1A-
(Print full name)
(Signature)
23,1-roc E 1 7-e-%'.(--i�
(Print full name)
Words underlined are added and words struck thru are deleted.
0
11K
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was execu ed before me
this )D'k"-day of �.e_to--e..-41 e r, 2013, by -}r ck L. (.1.Hecnr as MS.4e.
of CDC Land Investments, Inc., said person being personally known to me or
produced as identification.
6 • /6-4,40-..-r•-
Notary ublic
D®ORJWABROWN Name: el)orate._ ►2acu�
„Ns MY COMMISSION t EE 843929
Ait Balled October IThm Notary Public Uni derwr8kers
4
CA
EXHIBIT
a
FIRST AMENDMENT TO
ESCROW AGREEMENT
(CDC SSA 16) 1 1 K
This AMENDMENT TO ESCROW AGREEMENT is made as of the 10th day of
September, 2013 by and between Collier County, a political subdivision of the State of Florida
("County"), CDC Land Investments, Inc., a Florida Corporation ("CDC") and COLEMAN,
YOVANOVICH & KOESTER, P.A., (the "Escrow Agent").
RECITALS
WHEREAS, Collier County, Collier Land Holdings and Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A. entered into an Escrow Agreement on November 18, 2008
pertaining to the Stewardship Sending Area designated as CDC SSA 16; and
WHEREAS, COLEMAN, YOVANOVICH & KOESTER, P.A. is the successor in
interest to Goodlette, Coleman, Johnson, Yovanovich& Koester, P.A.; and
WHEREAS, due to the change in economic conditions in the State of Florida the Town
of Big Cypress SRA has been delayed and the parties wish to amend the Escrow Agreement
dated November 18, 2008 to extend certain dates.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Paragraph 3 of the Escrow Agreement is amended in its entirety to read as follows:
3. The Escrow Agent shall deliver the original Documents to the County
for recording in the public records of Collier County upon presentment of
the following by CDC:
a. An approved SRA for the Town of Big Cypress which requires the
exchange of Stewardship Credits from CDC SSA 16 for the
additional residential and non-residential entitlements; and
b. All necessary final and non-appealable development orders,
permits, or other discretionary approvals necessary to construct the
Town of Big Cypress consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code; and
In the event the approvals referenced above in the recitals are not delivered to the
Words struck thru are deleted and words added are underlined.
11K
Escrow Agent on or before November 18, 2013 November 18, 2014, this Escrow
Agreement shall terminate and the original Documents shall be returned to CDC.
If a challenge and/or appeal of a necessary development order, permit or other
discretionary approval are filed, CDC and County may elect to extend the Escrow
Agreement by written agreement until the challenge or appeal is finally resolved.
If the challenge or appeal is not resolved such that the construction may
commence under terms acceptable to CDC, CDC may within 180 days of the final
disposition of the challenge or appeal terminate this Escrow Agreement.
3. Paragraph 10 of the Escrow Agreement is amended in its entirety to read as follows:
Representation: The County acknowledges and agrees that GOODLETTE,
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A.
COLEMAN, YOVANOVICH & KOESTER, P.A. represents CLH and
may continue to do so while serving as Escrow Agent and notwithstanding
any present or future dispute arising under this Agreement. The parties do
not object to such services by GOODLETTE, COLEMAN, JOHNSON,
YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH &
KOESTER, P.A. as Escrow Agent and such representation of CLH by
GOOLDETTE,COLEMAN, JONSON, YOVANOVICH & KOESTER,
P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. in this and other
matters, and agree that such service and such representation does not
adversely affect the independent professional judgment of GOODLETTE,
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A.
COLEMAN, YOVANOVICH & KOESTER, P.A.on behalf of any such
party or the ability of, GOODLETTE, COLEMAN, JOHNSON,
YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH &
KOESTER, P.A. to adequately represent the interest of any such party.
4. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in
full force and affect.
5. Executed counter-part copies of the original of this document shall be treated as if the
originals were so executed and shall bind the executing party and shall have the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
{Remainder of Page Intentionally Left Blank}
Words struck thru are deleted and words added are underlined.
CAO
IlK f(
IN WITNESS WHEREOF, the parties hereto have executed this Amendment Escrow
Agreement by their duly authorized officers or representatives and their official seals hereto
affixed the day and year first written above.
ATTEST: oLo B
BOARD OF COUNTY COMMISSIONERS
COLLIE' OUNTY, FL ri RIDA
COLLIER,Cf»7NTV?CLERK OF COURTS I
By: C f 116 _ a(2. By: A l
tte i as • a'<„ airs Georgia,'1 er, sq., Chairwomen
inatureo ;
APPROVED AS •FORM AND
LEGAL UFFICIENCY:
By: ci, J Cyf io
Heidi Ashton-Cicko, Assistant County Attorney
WITNESS:
CDC Land Investments, Inc.
7 A Florida Corporation / i
(.-- ' ' c° 6,, ? �.
By: Pirlii.A( Q., '
(Signature)
Printed Name: a+ . k I-- (A-4-4-e-v
Title: Ni-t cr*e_ `I rem:J. -
(ifre ) (c---:),',--)OLr le_(
il
(Print full name)
(---4.--‘:,27-_,_.,e4..C. ,-e<
(Signature)
(Print full name)
Words struck thru are deleted and words added are underlined.
0
ilK
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Allreement was executed before me this I b day of
�eio-}t.,,,6e/- , 2013, by a--Frick L. lk-1-4r,,,,, as \('ice_ -VrQbtde--,3- of CDC
Land Investments, Inc., .aid peon being personally known to me or
produced as identification.
_ Notary ublic
•"'""r., DEBORAH A.BROWN bb..�4.
;, � - MY COMMISSION#EE 843929 Name: e trwv.
7.--; EXPIRES:October 16,2016 Certificate No. E E •-k 3 4.. -c7
a,'► Bonded ThN Notary Pudic Undervrtders My Commission expires: go / c. rxo 1 k,
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
n
By: Richard D. Yovanovich, sq.
Its: N (''e S At.-0---
Date: c't l►Q h3
Words struck thru are deleted and words added are underlined.
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