Resolution 2020-189 RESOLUTION NO. 2020- 1 8 9
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
2008-330, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS "CDC SSA 16";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2021 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CDC SSA 16.
WHEREAS, on November 18, 2008, by Resolution No. 2008-330, 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 CDC Land Investments, Inc.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-201, the Board of County
Commissioners approved the extension of certain dates to November 18, 2014 in the
Stewardship Sending Area Credit Agreement and the Escrow Agreement for CDC SSA 16; and
WHEREAS, on September 23, 2014 by Resolution No. 2014-186, the Board of County
Commissioners approved the extension of certain dates to November 18, 2017 in the
Stewardship Sending Area Credit Agreement and Escrow Agreement for CLH SSA 16, which
was further extended to November 18, 2020; and
WHEREAS, Collier Land Investments, Inc., represented by Richard Yovanovich, Esquire
of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to
November 18, 2021 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 fourth amendment to the Stewardship Credit Agreement for CDC SSA 16,
attached hereto as Exhibit 1, is hereby approved.
2. The fourth amendment to the Escrow Agreement for CDC SSA 16, attached hereto
as Exhibit 2, is hereby approved.
INSTR 5948597 OR 5839 PG 3659
RECORDED 11/4/2020 9:41 AM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
[17-CMP-00985/1361810/1]49 1 of 2 COLLIER COUNTY FLORIDA
SSA#16 REC$86.50
10/21/2020
This Resolution adopted after motion, second and majority vote,this 27th day of October 2020.
ATTEST;, BOARD OF COUNTY COMMISSIONERS
Crys . K.Kinzel; lerk COLLIER UNTY, FLORIDA
By. - By:
Attest as to Chai futY Clerk Burt L. Saunders, Chairman
signature o Iy.
Approve - d legality:
Jeffrey A. Klat21k,w, County Attorney
'1/4)
Attachments:
Exhibit 1 -Fourth Amendment to Stewardship Credit Agreement for CDC SSA 16
Exhibit 2-Fourth Amendment to Escrow Agreement for CDC SSA 16
[17-CMP-00985/1361810/1]49 2 of 2
SSA#16
10/21/2020
FOURTH AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT
(CDC SSA 16)
THIS FOURTH AMENDMENT TO STEWARDSHIP SENDING AREA
CREDIT AGREEMET he einafter referred to as the ("Amendment") is made and entered
into this allay ofr, 2020, by and between COLLIER COUNTY, a political
subdivision of the State of lorida, 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.
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, on September 10, 2013 the County approved the First Amendment to the
Agreement to extend certain dates by one year; and
WHEREAS, on September 23, 2014, the County approved the Second Amendment
to Agreement,which Second Amendment extended the date by which the SSA 16 stewardship
credits must be exchanged for development of a future Stewardship Receiving Area (SRA) to
November 18, 2017 ("Deadline").
WHEREAS, on October 10, 2017, the County approved the Third Amendment to
Agreement, which Third Amendment extended the Deadline to November 19, 2020; and
WHEREAS, due to the complexity of the regulatory regime and the multiple
governmental and quasi-governmental actors involved in such approvals, the Parties desire to
extend the Deadline, as more particularly set forth herein.
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
Words struck thru are deleted and words added are underlined.
1. Restriction on Land Use Amendments. Paragraph 8 of the Stewardship Area Credit
Agreement (CDC SSA 16) is hereby amended to read as follows:
Upon designation of the land described in Exhibit "A" as an SSA, the Owner shall not
seek or request, and the County shall not grant nor approve, any increased in the density of 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
his 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 of Open Lands depicted on the
RLSA Overlay map, officially entitled "Collier County Rural and Agricultural Area Assessment
Stewardship Overlay Map". Upon designation of these lands as an SSA, the Owner shall neither
seek nor request, and the County shall not in violation of Sections 4.08.06 A.2 and 3, thereafter
grant or approve any expansion or conversion of agricultural land uses. Notwithstanding any
condition herein to the contrary,this Agreement and the Stewardship easement shall terminate on
November 18, 2020 November 18, 2021, unless the CDC SSA 16 Stewardship Credits have been
exchanged for a future SRA, and said SRA has received all necessary final and non-appealable
local, state and federal permits other than, site development plan or building permit, or necessary
to construct the future SRA. 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 form 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.
Signatures appear on the following pages.
2
Words struck thru are deleted and words added are underlined.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers or representatives and their official seals hereto affixed
the day and year first written above.
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL. Clerk COLLIER UNTY, FLO A
cra....._
By:
,test as to Chain.
uty Clerk Burt L. Saunders, Chairman
signature.only,
Approved'astaform anlegal sufficiency:
4 tIr
Heidi Ashton-C. o, Assistant
Managing 4ssis t County Attorney
3
Words struck thru are deleted and words added are underlined.
WITNESSES: CDC LAND INVESTMENT, INC.
a Florida Corporation
iD By: C--y
Print Name: Yi t n ra r1 G e_)- r Print Name: 6 n,;s t,-�t„� "7,/, ✓
y ✓ Title: V c� tq
v -sr►L"r..,Q
` \-----' A
Print Name: 1- e?c\n. rra k.lcx,,
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Credit Agreement was executed by means of 'physical presence or_online
notarization before me this 1 day of Q C-7)U e'r , 2020, by
('my; 4;04,,; ; , as V,%_,.., QrCs - jrtiGn—fr of CDC Land Investments, Inc., said
person eing personally know)to me or produced identification.
lit/N-d
Notary PublicC
4
BRITTANY TUNGETT Name: l3VVIt+G{v \J n e
_
PU�''4,,,Notary Public-State of Florida Certificate No. (.; G on ) ` I
_•s--".' .= Commission #GG 282501
1'i 1 1'0' My Commission Expires My Commission expires: ) b/a.Q a a-
',l"°;,`,9%V December 06, 2022
4
Words struck thru are deleted and words added are underlined.
FOURTH AMENDMENT TO
ESCROW AGREEMENT
This FOURTH AMENDMENT TO ESCROW AGREEMENT is made as of they(day of
kkabf 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 Agreement").
RECITIALS
WHEREAS, Collier County, CDC and Escrow Agent's Successor entered into an Escrow
Agreement on November 18,2008,as subsequently amended,pertaining to the Stewardship Sending Area
designated as CDC SSA 16("Escrow Agreement"); and
WHEREAS, on September 10, 2013 the County approved the First Amendment to the Escrow
Agreement to extend certain dates by one year; and
WHEREAS, on September 23, 2014, the County approved the Second Amendment to Escrow
Agreement,which Second Amendment extended the date by which CDC must deliver certain approvals to
Escrow Agent to November 18,2017 ("Deadline"); and
WHEREAS, on October 10, 2017, the County approved the Third Amendment to Escrow
Agreement,which Third Amendment extended the date to November 18, 2020; and
WHEREAS, due to the complexity of the regulatory regime and the multiple governmental and
quasi-governmental actors involved in such approvals, the Parties desire to extend the Deadline, as more
particularly set forth herein; and
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledge, the parties hereto agree as
follows:
1. Paragraph 3 of the Escrow Agreement is amended to read as follows:
3. The Escrow Agent shall deliver the original Documents to the County for recording in the
public records of Collier County upon presentment of the following by CDC:
a. An approved SRA for a future SRA 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 a future SRA consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code; and
In the event the approvals referenced above I this section are not delivered to the Escrow Agent on
or before November 18,2020 November 18,2021,this Escrow Agreement shall terminate and the
1
Words struck thru are deleted and words added are underlined.
original Documents shall be returned to CDC. If a challenge and/or appeal of a necessary
development order, permit or other discretionary approval is filed, CDC and County may elect to
extend the Escrow Agreement by written agreement until the challenge or appeal is finally resolved.
If the challenge or appeal is not resolved such that the construction may commence under terms
acceptable to CDC, CDC may within 180 days of the final disposition of the challenge or appeal
terminate the Escrow Agreement.
2. Except as amended herein,the Escrow Agreement dated November 18,2008 remains in full force
and effect.
3. 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.
Signatures appear on the following pages.
2
Words struck thru are deleted and words added are underlined.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their
duly authorized officers or representatives and their official seals hereto affixed the day and year first
written above.
Attest: `• , BOARD OF COUNTY COMMISSIONERS
CRY TAL K. KINZ Clerk COLLIER TY,FLORID
By:
@St a$t
.�0'.Chat ty Clerk Burt L. Saunders, Chairman
sign'atute only.
Approve afri al sufficiency:
Heidi As do-C' ko,Assistant
Managing ssi t County Attorney
3
Words struck thru are deleted and words added are underlined.
WITNESSES: CDC LAND INVESTMENT, INC.
a Florida Corporation
Print Name: Q j }- Print Name:
Title: Peas
Print Name: `p),..ni
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Credit Agreement was execut d y means of /physical presence or _online
notarization before me this a 1 day of 0 C+D b e-r , 2020, b P ,t;.,.,S -,�� , as
\1...c,�+�+.oc T of CDC Land Investments, Inc., said person '-in• sersonally ow o me or
produced as identification.
Notary Public
.ow1,P,''' So
BRITTANYTUNGETT Name: 8►rj-H6(A)/ (,{Vl
`4►�Y
*��. _Notary Public-State of Florida Certificate No. G G a� a
Commission #GG 282501
+" I,'Ffc My Commission Expires My Commission expires: la/k/J 0 a 3-
�qiligP December 06, 2022
I
ESCROW AGENT:
COLEMAN,YOVANOVICH&KOESTER,P.A.
41LAN-J--
By: Richard D.Yovanovich,Esq.
Its: J► j 1�K3• }
Date: 1`0 VIAs hot0
4
Words struck thru are deleted and words added are underlined.