Backup Documents 06/08/2021 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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
1.
2.
3 County Attorney Office County Attorney Office L I
4. BCC Office Board of County
Commissioners ). ( (Q,.-) -)1
5. Minutes and Records Clerk of Courts Office nt.
/O (pe slam 9'a°°2-)/`
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 Jaime Cook/Growth Management Phone Number 239.252.6290
Contact/ Department
Agenda Date Item was May 25-,2-041 T�..� '5 c Agenda Item Number 11 B
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached e.2-0?-/ /d—/ Documents Attached
PO number or account
number if document is
to be recorded
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. Does the document require the chairman's original signature? JC
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JC
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!
8. The document was approved by the BCC on_6`$'_21 and all changes made
during the meeting have been incorporated in the attached document. The County 1,..,\c-cVL t Att
Attorney's Office has reviewed the changes,if applicable. l
9. Initials of attorney verifying that the attached document is the version approved by the T311
BCC, all changes directed by the BCC have been made,and the document is ready for the (NI , 41t ,fit
Chairman's signature. \" L.
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
II
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-01956/1633486/11332 Page 1 of 2
SSA#14 amendment to Escrow
5/14/21
I
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 day of J I--• 2021,
after a Motion, seconded, and majority vote favoring same.
ATTEST:
CRYSTAL K. KINZEL, CLERK BOARD OF OUNTY COMMISSIONERS
• COLLIER O Y, FLORID
6:
By: I�UI� � B
Y Y•
�... " e'pu Cler Penny Tay or, Chairman
Attest as tmc� u�s
Signature only.
Approved as to form and legality:
1,.t,Ldk
-�`b
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
118
EXFII3 ► I I
FIRST AMENDMENT TO AMENDED AND RESTATED
ESCROW AGREEMENT
(SSA 14)
This FIRST AMENDMENT TOAMEI)`FD AND RESTATED ESCROW AGREEMENT
("Amendment") is made as of the �'h day of ice, , 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
IIB
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 t]
11B
ATTEST:
CRYSTAL K. KIN7EL BOARD OF COUNTY COMMISSIONERS
,.:• :• COLLIER COUNTY, FLORIDA
COLLIER COUNTY'', �►
CLERK OF COURTS
By
By: Penny Taylor, airman
Attest'as to Chairman's
APPROVED AS TO FORM AND
LEGALITY:
By:
Heidi Ashton-Cicko,
Managing Assistant County Attorney
May 17. 2021 Page 3 of 5
11B
WITNESS: COLLIER LAND HOLDINGS, LTD.
Ucji.10—__e
a Florida Limited Partnership
By: Collier Enterprises, Inc.
(Signature) a Florida Corporation,
is Genep artner /
t►, By. . Pr
(Print full name) Printed Name: 4-n c,K. L-U MSC_.
,^ Title: icy. �(t�►aE►�
A `1.0a, ricrh a.m
(Signature)
prile& Parham
(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 V -4% day of (h.J-{ , 2021, by
Q4'r¢4t ., L.sJive _.. , as ►UE IL2i.ia— r of Collier Enterprises, Inc., the
general partner of Collier Land Holdings, Ltd., said person being personally known to me
or produced as identification.
�Jc - d. n
(SEAL) �"
Notary Public
Name: vA-Ve-t L. VkV-t
1vs "�e Valerie L Pike A G ��
i Commission#HH 32134 My Commission expires: +W
�A o; Commission Expires 08-17.2024
r� o Bonded Through-Cynanotary
\Ff�Q Florida-Notary Public
•
�J ✓
agi:
May 17, 2021
1 1 B
WITNESS:
GARGIULO, INC.
(Signature) a Foreign Profit Corporation
Jd4(y 2ukc4.gq
(Print full name) By: ti
Print Name: Michael W. Sullivan
C:30/ C2f2-^ Title: President and CEO
(Signature)
CAW AR c Ca//,'.,s
(Print)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of 'physical presence or
online notarization this 1 BAIA day of rna.y , 2021, by
11 t-hard I,t). Su I I i dan , as Prey ( e ED of Gargiulo, Inc., a Foreign Profit
Corporation.
Notary Public lu .
Name: Toyc. l� Ct)111AS
\\\``NNN►Nitink Co,*
Certificate No. Gov s�' ‘41,
My Commission expips:_••,*Oe�ruiV,9 A•.
* N• Z
ESCROW AGENT: e°� -TA
o� �\`\\\•
COLEMAN,1� YOVANOVICH & KOESTER, P.A.
lAi
By: Richard D.Yovanovich, Esq.
Its: V i ce,PreSidervF
Date: 5►lA 2�oa l
May 17, 2021