Resolution 2021-121 RESOLUTION 2021- 121
A RESOLUTION OF THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING
RESOLUTION 2008-331, AS AMENDED, WHICH
CREATED STEWARDSHIP SENDING AREA CLH SSA 14
BY AMENDING THE AMENDED AND RESTATED
ESCROW AGREEMENT TO CHANGE TO
STEWARDSHIP RECEIVING AREA THAT WILL
CONSUME THE STEWARDSHIP CREDITS AND
TRIGGER THE RECORDING OF THE STEWARDSHIP
EASEMENT. THE SUBJECT PROPERTY IS LOCATED
IN SECTIONS 13, 14, 23, and 24, TOWNSHIP 47 SOUTH,
RANGE 28 EAST, COLLIER COUNTY. [PL20160000083]
WHEREAS, on November 18, 2008, by Resolution No. 2008-331, the Board of
County Commissioners ("Board") created a Stewardship Sending Area with a designation
of "CLH SSA 14" and entered into a Credit Agreement, Easement Agreement and
Escrow Agreement with Collier Land Holdings, Ltd.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-199, the Board
approved an amendment to the Credit Agreement and Easement Agreement to extend
certain dates by one (1) year; and
WHEREAS, on September 23, 2014, by Resolution No. 2014-186, the Board
approved the Second Amendment to the Credit Agreement and Easement Agreement,
which Second Amendments extended the date by which the SSA 14 Stewardship Credits
must be exchanged for development of Longwater Village Stewardship Receiving Area
to November 18, 2017 ("Deadline"); and
WHEREAS, on October 10, 2017, by Resolution No. 2017-184, the Board
approved the Third Amendment to the Credit Agreement and Easement Agreement,
which Third Amendment extended the exchange date to November 18, 2020; and
WHEREAS, on October 27, 2020, by Resolution No. 2020-189, the Board
approved the Fourth Amendment to the Credit Agreement and Easement Agreement,
which Fourth Amendment extended the date to November 18, 2021 ("Deadline"); and
WHEREAS, on April 13, 2021, by Resolution No. 2021-82, the Board of County
Commissioners approved an amendment to CLH SSA 14 to reduce the acreage, remove
additional land use layers and generate additional Stewardship Credits; and
[19-CPS-01956/1633486/1]332 Page 1 of 2
SSA#14 amendment to Escrow
5/14/21
WHEREAS, Collier Land Holdings Ltd. and Gargiulo, Inc. (collectively,
"Owners") have requested a change to the Amended and Restated Escrow Agreement to
change to Stewardship Receiving Area that will consume the Stewardship Credits; and
WHEREAS,the Board of County Commissioners agrees to the requested change.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The first amendment to the Amended and Restated Escrow Agreement for
CLH SSA 14, attached hereto as Exhibit 1, is hereby approved.
THIS RESOLUTION ADOPTED this itt' day of I - 2021,
after a Motion, seconded, and majority vote favoring same.
ATTEST: r �;
CRYSTAL K ZEL, CLERK BOARD OF OUNTY COMMISSIONERS
COLLIER O Y, FLORID
By y:
'e " ...' e'pu Cler Penny Tay or, Chairman
Attest aslit4has
signature only.
Approved as to form and legality:
!IL Ott A-
Heidi Ashton-Cicko
Managing Assistant County Attorney
Exhibits:
Exhibit 1 -Amended and Restated Escrow Agreement
[19-CPS-01956/1633486/1]332 Page 2 of 2
SSA#14 amendment to Escrow
5/14/21
EXMI& 1 -1" 1
FIRST AMENDMENT TO AMENDED AND RESTATED
ESCROW AGREEMENT
(SSA 14)
This FIRST AMENDMENT TOAME ,FD AND RESTATED ESCROW AGREEMENT
("Amendment") is made as of the -01 day of lUwu.. , 2021 by and between Collier
County, a political subdivision of the State of Florida("County"), Collier Land Holdings
Ltd., a Florida limited partnership ("CLH"), Gargiulo, Inc., a Foreign Profit Corporation
("Gargiulo"),hereinafter individually and jointly referred to as "Owner" and COLEMAN,
YOVANOVICH & KOESTER, P.A., (the "Escrow Agent")
RECITALS
WHEREAS, County, CLH and Escrow Agent's Predecessor entered into an
Escrow Agreement on November 18, 2008, as subsequently amended, pertaining to
the Stewardship Sending Area designated as CLH SSA 14 ("Escrow Agreement");
and
WHEREAS, on September 10, 2013 the County, by Resolution No. 2013-199,
approved the First Amendment to the Escrow Agreement to extend certain dates by one
(1)year and a change in the name of the escrow agent; and
WHEREAS, on September 23, 2014 the County, by Resolution No.2014-186,
approved the Second Amendment to Escrow Agreement, which Second Amendment
extended the date by which CLH must deliver certain approvals to Escrow Agent to
November 18, 2017 ("Deadline");and
WHEREAS, on October 10, 2017 the County, by Resolution No.2017-184,
approved theThird Amendment to Escrow Agreement,which Third Amendment extended
the date to November 18,2020; and
WHEREAS, on October 27, 2020, the County by Resolution No. 2020-189
approved theFourth Amendment to Escrow Agreement, which extended the date to
November 18, 2021; and
WHEREAS, on April 13, 2021, the County by Resolution No. 2021-82, approved
the Amended and Restated Escrow Agreement(the "Escrow Agreement"); and
WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related to
CLH, 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 Town of Big Cypress Stewardship Receiving Area("Town of Big Cypress SRA")
located within the RLSA District consistent with the provisions of Sections 4.08.06 and
4.08.07 of the Collier County Land Development Code; and
May 17, 2021
Page I of G.
WHEREAS, CLH and Gargiulo desire to amend the development references for
which the Stewardship Credits contemplated hereby will be available, as more particularly set
forth herein; and
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 partieshereto agree as follows:
1. Recitals defined terms; The above recitals are true and correct and incorporated
herein by reference. Any capitalized terms not otherwise defined herein shall
have the meaning set forth in the Escrow Agreement.
2. Any references in paragraphs 3 and 4 of the Escrow Agreement to Longwater
village SRA shall be replaced with the following reference: "Town of Big Cypress
SRA"
3. Except as amended hereby, the Escrow Agreement remains in full force and
effect.
4. Counterparts and Execution: Executed counter-part copies of the original of this
documentshall 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 Amendment by facsimile shall be treated as an original.
IN WITNESS WHEREOF, the parties hereto have executed this Escrow
Amendment to be executed by their duly authorized officers or representatives and
their official seals hereto affixed the day and year first written above.
May 17, 2021 Page of 1 D
ATTEST:
CRYSTAL K. KIN,ZEL BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
COLLIER COUNTY.% �►
CLERK OF COURS r
r' By
By: Penny Taylor, airman
Attss#'as to Chairman's
APPROVED AS TO FORM AND
LEGALITY:
By: A
Heidi Ashton-Cicko,
Managing Assistant County Attorney
May 17, 2021 �� .-3 4-}
WITNESS: COLLIER LAND HOLDINGS, LTD.
u„,:g____„. a Florida Limited Partnership
By: Collier Enterprises, Inc.
(Signature) a Florida Corporation,
is Gener artner /
Qxt.te2A5‘, +?► By: . %//
(Print full name) Printed Name: A-cCick. L-UTILL
.^ Title: �c,& ?atcs►bern-
Ain IV ct, 12a,1'h a rn
(Signature)
A nstia ParhLn^
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of /physical presence or
online notarization this k day of ('4 -4 , 2021, by
Peynaeic, L.Ukee— , as \hbE Q ►c—r of Collier Enterprises, Inc., the
general partner of Collier Land Holdings, Ltd., said person being personally known to me
or produced as identification.
(SEAL) 0 ci-sL—
d. 9 ____. I.
Notary Public
Name: vA-Vest L.L. P►1c
e
�,RY°�s Valerie L Pike A
n Commission#HH 32134My Commission expires: G- V7)c� Commission Expires T117•2024
yid e� Bonded Through•Cynanotary
\FFL Florida-Notary Public
/
�!
Page ( i;i S_,.
May 17, 2021
WITNESS:
2iL GARGIULO, INC.
(Signature) a Foreign Profit Corporation
(Print full name) By: j11WJJ.L4i
Print Name: Michael W. Sullivan
Title: President and CEO
4 :01a1
(Signature)
C'o//,e
(Print)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of 'physical presence or
online notarization this I$4'A day of T \ay , 2021, by
1Mi chael t . Sul , as Ares I C EO of Gargiulo, Inc., a Foreign Profit
Corporation.
Notary Public b . g
Name: To yc. It C'�(11ns
�0011ul11►►►y���//
Certificate No. ��bD��o<<iti,�,��
My Commission expits: •�o°a ARr;4o'•s
. ��� too •;
•2 m*s 058437 • *
•0 ce 'a 6 g••
• A -ded1W- 0.6.' ��
ESCROW AGENT: /,',/C,STATE
A iCI` . \\
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its: V 1 c e, PreSldet\.*
Date: 5 t loi a.c;Q
aYr,, e 5 :; I
May 17, 2021