Backup Documents 12/08/2020 Item #16A37 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 3 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2
3 County Attorney Office County Attorney Office / if7 'J /1_a U
4. BCC Office Board of County 1n
Commissioners l b�. 1u dv
5. Minutes and Records Clerk of Court's Office
1a-tl0-1,Q a�, .•--
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Anita Jenkins Phone Number
Contact/ Department GMD/Zoning 239-252-8288
Agenda Date Item was Agenda Item Number
Approved by the BCC December 8,2020 16.A.37
Type of Document ' 2_ CAR d r+A Number of Original
Attached Resolution 4ic� FScnvry A b , Documents Attached 1
PO number or account
number if document is
to be recorded
r✓1 K -- p l MSc( Au4-umri Cruz_ Or l i Mal or and o/lk ork9 IAA( o f t'l--Q— ,
INSTRUCTIONS & CHECKLIST td /—z'er�r
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not / .Shd411—
appropriate. (Initial) Applicable) `+cKJ .
1. Does the document require the chairman's original signature? MRM 4ko
2. Does the document need to be sent to another agency for additional signatures? If yes, Y 01A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A
3. 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 MRM
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. MRM
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. MRM
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! MRM
8. The document was approved by the BCC on 12/08/20 and all changes made during ( N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the 1(r/ an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A37
MEMORANDUM
Date: December 17, 2020
To: Heidi Ashton-Cicko, Assistant County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2020-220; original copies
of Exhibit #1 & #2 documents
Attached for your records is a copy of the resolution referenced above, (Item #16A37)
adopted by the Board of County Commissioners December 8, 2020, and per request,
original copies of Exhibit #1 and Exhibit #2.
The original resolution and second set of original Exhibits will be held in the Minutes
and Records Department for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6 A 3 7
RESOLUTION NO. 2020- 2 2 0
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING RESOLUTION 2009-302, AS
AMENDED, RELATING TO THE STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "BCIBCP/SI SSA 13"; APPROVING THE
EXTENSION OF CERTAIN DATES TO DECEMBER 15, 2022 IN THE
STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE
ESCROW AGREEMENT FOR BCIBCP/SI SSA 13.
WHEREAS, on December 15, 2009, by Resolution 2009-302, the Board of County
Commissioners created a Stewardship Sending Area with a designation of "BCIBCP/SI SSA
13" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement
Agreement and an Escrow Agreement with Barron Collier Investments, Ltd., Barron Collier
Partnership, LLLP and Serenoa Investments, Inc.; and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership,
LLLP by Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in Official
Records Book 4998, Page 865, of the Public Records of Collier County, Florida; and
WHEREAS, Serenoa Investments, LLC is the successor by conversion to Serenoa
Investments, Inc. by Certificate of Conversion filed August 30, 2012 with the State of Florida
Secretary of State; and
WHEREAS, on November 18, 2014 by Resolution No. 2014-237, the Board of County
Commissioners approved the extension of certain dates to December 15, 2017 in the Stewardship
Sending Area Credit Agreement and Escrow Agreement for BCl/BCP/SI SSA 13; and
WHEREAS, on December 12, 2017 by Resolution No. 2017-227, the Board of County
Commissioners approved the second extension of certain dates to December 15, 2020 in the
Stewardship Sending Area Credit Agreement and Escrow Agreement for BCl/BCP/SI SSA 13;
and
WHEREAS, Barron Collier Partnership, LLLP and Serenoa Investments, LLC.,
represented by Clay C. Brooker, Esquire of Cheffy Passidomo, have requested an extension of
certain time frames to December 15, 2022 in the Stewardship Sending Area Credit Agreement
for BCIBCP/SI SSA 13 and the Escrow Agreement for BCl/BCP/SI SSA 13; 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 third amendment to the Stewardship Credit Agreement for BCl/BCP/SI SSA 13,
attached hereto as Exhibit 1, is hereby approved.
[20-OTH-00084/1579282/1]4 1 of 2
SSA#13
11/12/20
1 6 A 37
2. The third amendment to the Escrow Agreement for BCl/BCP/SI SSA 13, attached
hereto as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this day of
beCe Ibex , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
A yx. e-
By: aladtkl plt.nC By:
,4esat Clerk Burt L. Saunders, Chairman
Avast as to Cha
sign Lure
Approved as to form and legality:
On ,004.,//1 )
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 —Third Amendment to Stewardship Credit Agreement for BCl/BCP/SI SSA 13
Exhibit 2—Third Amendment to Escrow Agreement for BCl/BCP/SI SSA 13
TDitegamete:da:(6;44"
3
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�.�r[20-OTH-00084/1579282/l]4 2 of 2 ' •
SSA#13
11/12/20
Exhibit 1
THIRD AMENDMENT TO
ESCROW AGREEMENT
(BCl/BCP/SI SSA 13)
THISII AMENDMENT TO ESCROW AGREEMENT is made as of the '.1/1 day of
be C t n)b{ r , 2020, by and between COLLIER COUNTY, a political subdivision of the State
of Florida ("County"), BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited
partnership("BCP"), SERENOA INVESTMENTS, LLC ("SI"), a Florida liability company(BCP and SI
are hereinafter individually and jointly referred to as "BCP/SI" or"Owner"), and Cheffy Passidomo, P.A.
(the"Escrow Agent").
RECITALS
WHEREAS, Collier County, Barron Collier Investments, Ltd., Barron Collier Partnership,
LLLP, Serenoa Investments, LLC, and Escrow Agent entered into an Escrow Agreement on December
15, 2009 (the "Escrow Agreement"), pertaining to the Stewardship Sending Area designated as
BCl/BCP/SI SSA 13; and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership, LLLP by
Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in Official Records Book
4998, Page 865, of the Public Records of Collier County, Florida; and
WHEREAS, Serenoa Investments, LLC is the successor by conversion to Serenoa Investments,
Inc. by Certificate of Conversion filed August 30, 2012 with the State of Florida Secretary of State; and
WHEREAS, the establishment of the SRA has been delayed and the parties wish to amend the
Escrow Agreement to extend certain dates.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Paragraph 3 of the Escrow Agreement is amended to read as follows:
3. The Escrow Agent shall deliver the original documents to the County for recording in the
public records of Collier County upon presentment of the following by Owner:
a. An approved SRA which requires the exchange of Stewardship Credits from
BCl/BCP/SI SSA 13 for the additional residential and non-residential
entitlements; and
b. All necessary final and non-appealable local, state and federal permits other than
a plat, site development plan or building permit, necessary to construct the SRA
1
Words struck thru are deleted and words underlined are added.
16A37
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 Escrow
Agent on or before December 15, 2020 2022, this Escrow Agent Agreement shall
terminate, and the original Documents shall be returned to Owner. If a challenge and/or
appeal of 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 appeal is finally resolved. If the challenge or appeal 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 appeal terminate this Escrow
Agreement.
4. Except as amended herein, the Escrow Agreement dated March 10, 2009 remains in full
force and effect.
5. Executed counter-part copies of the original of this document shall be treated as if the
originals were so executed and shall bind the executing party and shall have the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
{Remainder of Page Intentionally Left Blank)
2
Words faruck thru are deleted and words underlined are added.
16A37
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Escrow
Agreement by their duly authorized officers or representatives and their official seals hereto affixed the
day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL,CLERK COLLIER COUNTY,FLORIDA
'' -J^Q . By:
By: 3LU.#U /44...11t,e4e.eio,a-
0
. �lV � - By:
Aast t 1'4 - - % BURT L. SAUNDERS, Chairman
ar',tire Only.' . .
Approved as to form and legality:
'1'4( ct, A (1/'---
Heidi Ashton-Cicko
Managing Assistant County Attorney
ESCROW AGENT:
C FFY SSI //�., '.A.
By:
Its: iz�Meo
Date: // / 3• Zv
3
Words struck thru are deleted and words underlined are added.
16A37
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
a Florida limited liability partnership, as a tenant in
common with AMULT, LLC
(Signature By: Barron Collier Management, LLC
\ � 111/1F a a Florida limited liability company
(Print Full ame)
Its: General Partner
By: i /
Bradley A. Boa/Ch'- Financ 41 Officer
WITNESS: ^ I'
(Signature)
V_IzA D tin
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this (o day of
�.�nv , 2020, by Bradley A. Boaz as Chief Financial Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who [k-j is personally known
to me or who [ ] has produced as identification.
[Notary Seal]
•
Notary Public
5A-a NA- c• ld- R n
0:* SABINA E.HARDY
1„,1 MY COMMISSION#GG 287225 Print Name
' • EXPIRES:January 14,2023 My Commission Expires: y 1 4/2 n z3
f.i!O Bonded Thru Notary Public Undenvdters
4
Words struck thru are deleted and words underlined are added.
16A37
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
( ,k4 a Florida limited liability partnership
l 1
(Signatu By: Barron Collier Management, LLC
a Florida limited liability company
(Print Full ame)
Its: General Partner
By: 'a
WITNESS: Brian Goguen%lief Operating Officer
(Signature)
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this (U day of
14c),.I r t3�-r , 2020, by Brian Goguen as Chief Operating Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who [ells personally known
to me or who [ ] has produced as identification.
[Notary Seal]
Notary Public
«?re SABINAE.HARDY Ta,i � [=• A- n put
: Print Name
• ,.� •,= MY COMMISSION#GG 287225
r.� P EXPIRES:January 14,2023 My Commission Expires: 1/l 4/2 o 2.3
:Fii.f:6:• Bonded Thru Notary Pubic UndecwTiters
5
Words struck thru are deleted and words underlined are added.
16A37
WITNESS: SERENOA INVESTMENTS,LLC
a Florida limited liability company
•
(Signature) By:
/ ! D Katherine G. Sproul, Man r
Pms
(Print Full Name)
WIT
(Signatur --
�-�� , rs,,��1 cc LyN,
(Print Full Name)
STATE OF Fla o r^ t d 4-
COUNTY OF (c I l)`
The foregoing instrument was acknowledged before me by means of [Al physical presence
or [ ] online notarization this S1-h day of Nov cAtbe✓;2020,by Katherine G. Spproul, as Manager of
SERENOA INVESTMENTS, LLC, a Florida limited liability company, on behalf of the company.
She X] is personally known to me or [ ] has produced as
identification.
[Notary Seal] 1-4x-dak-
Notary Public
;:oPP ;. PAMELAM.WALKUP
Print Name
�•� :, Commission#GG 935965
"a' .�����' Expires March 28,2024 My Commission Expires:
�•.4 ,,, Bonded Thru Troy Fain Insurance 800.3857019
6
Words strk-thfu are deleted and words underlined are added.
Exhibi12 6 A 3 7
THIRD AMENDMENT TO
ESCROW AGREEMENT
(BCIBBCP/SI SSA 13)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the _ day of
De ci✓A , 2020, by and between COLLIER COUNTY, a political subdivision of the State
of Florida ("County"), BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited
partnership ("BCP"), SERENOA INVESTMENTS, LLC ("SI"), a Florida liability company (BCP and SI
are hereinafter individually and jointly referred to as"BCP/SI"or"Owner"), and Cheffy Passidomo, P.A.
(the"Escrow Agent").
RECITALS
WHEREAS, Collier County, Barron Collier Investments, Ltd., Barron Collier Partnership,
LLLP, Serenoa Investments, LLC, and Escrow Agent entered into an Escrow Agreement on December
15, 2009 (the "Escrow Agreement"), pertaining to the Stewardship Sending Area designated as
BCIBCP/SI SSA 13; and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership, LLLP by
Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in Official Records Book
4998,Page 865, of the Public Records of Collier County,Florida; and
WHEREAS, Serenoa Investments, LLC is the successor by conversion to Serenoa Investments,
Inc. by Certificate of Conversion filed August 30, 2012 with the State of Florida Secretary of State;and
WHEREAS, the establishment of the SRA has been delayed and the parties wish to amend the
Escrow Agreement to extend certain dates.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Paragraph 3 of the Escrow Agreement is amended to read as follows:
3. The Escrow Agent shall deliver the original documents to the County for recording in the
public records of Collier County upon presentment of the following by Owner:
a. An approved SRA which requires the exchange of Stewardship Credits from
BCIBCP/SI SSA 13 for the additional residential and non-residential
entitlements;and
b. All necessary final and non-appealable local, state and federal permits other than
a plat, site development plan or building permit, necessary to construct the SRA
1
Words stru are deleted and words underlined are added.
6A37
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 Escrow
Agent on or before December 15, 2020 2022, this Escrow Agent Agreement shall
terminate, and the original Documents shall be returned to Owner. If a challenge and/or
appeal of 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 appeal is finally resolved. If the challenge or appeal 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 appeal terminate this Escrow
Agreement.
4. Except as amended herein, the Escrow Agreement dated March 10, 2009 remains in full
force and effect.
5. Executed counter-part copies of the original of this document shall be treated as if the
originals were so executed and shall bind the executing party and shall have the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
{Remainder of Page Intentionally Left Blank}
2
Words are deleted and words underlined are added.
16A37
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Escrow
Agreement by their duly authorized officers or representatives and their official seals hereto affixed the
day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA
By: 31'W $ A By:
AttRtgittOr i m URT L. SAUNDERS,Chairman
Signature only.
Approv d as to form and legality:
di }I C ...___----
Heidi Ashton-Cicko
Managing Assistant County Attorney
ESCROW ENT:
CHEFF PA ID ,P I
By:
Its: s/Acylf 6
(---- Date: t
3
Words are deleted and words underlined are added.
16A37
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
a Florida limited liability partnership, as a tenant in
—7 common with AMULT, LLC
(Signature) By: Barron Collier Management, LLC
4..k
_ a Florida limited liability company
(Print Full Name)
Its: General Partner
/
By: Ara,
Bradley A. Boaz, Chief F• ancia Officer
WITNESS:
(Signature)
(Print Full Nam 4)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this L day of
y,ovc,, t3 2 , 2020, by Bradley A. Boaz as Chief Financial Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who [ is personally known
to me or who [ ] has produced as identification.
[Notary Seal] Notary Public
C A D l tusk E . 76c 12...L7�1
•,rpYP•"•.•• SABINA E.HARDY Print Name I
MY COMMISSION#GG 287225
EXPIRES:January 14,202s My Commission Expires: y �l� 023
rF
OPFL,.. ` Bonded Thru Notary Public Undenvtiters
.°.
4
Words are deleted and words underlined are added.
16A37
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
a Florida limited liability partnership
(Signature By: Barron Collier Management, LLC
.\cSaV V-e1\n2 a Florida limited liability company
(Print Full Nae)
Its: General Partner
By:
WITNESS: Br an Goguen, Chie perating Officer
(Signature)
lees.- 0ON\t I
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this Lc day of
\,1.0,i s at3>=-2 , 2020, by Brian Goguen as Chief Operating Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who [11 is personally known
to me or who [ ] has produced as identification.
[Notary Seal] �,�,,
Notary Public
':'Py , MY COMMISSION#GG 287225 SABINAE.HARDY Print Name
•
:•= My Commission Expires: V I L}/2023
EXPIRES:January 14,2023
Bonded Thru Notary Public Underwriters
5
Words struck thru are deleted and words underlined are added.
l6A37
WITNESS: SERENOA INVESTMENTS, LLC
a Florida limited liability company
191"/". .
(Signature) By:
Katherine G. Sproul, Manag
Nam;lit PAWS
(Print Full Name)
WITNESS::
'i 4 ' - 71/----- '
(Sign ure)
144:kt -- / rr;S
(Print Full Name)
STATE OF riori d2�
COUNTY OF eo //1 e.r-
The foregoing instrument was acknowledged before me by means of[X] physical presence
or [ ] online notarization this 511' day of 4 ve14,r2020, by Katherine G. Sproul, as Manager of
SERENOA INVESTMENTS, LLC, a Florida limited liability company, on behalf of the company.
She [ .] is personally known to me or [ ] has produced as
identification.
[Notary Seal] W...yLiz_Zt_.-
hi b
Notary Public
s:vPw `. PAMELAM.WALKUP
*c ,,, :,_Commission#GG 935965 Print Name
'%•'o`. Expires March 28,2024 My Commission Expires:
4.f,"°P Bonded Thru Troy Fain Insurance 800.3857019
6
Words struck thru are deleted and words underlined are added.