Backup Documents 06/08/2021 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 D
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 • (4/ ` r
4. BCC Office Board of County t4.5 _Ilc
�t
Commissioners J.t.�/4
5. Minutes and Records Clerk of Court's Office 1,1
`
41
Ze/15 tea( q'°°u``.
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;28221 Agenda Item Number 11D
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached f— /a3 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 -gz oL I _and all changes made 1 1'
during the meeting have been incorporated in the attached document. The County �\((\L b , it
Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the (J
BCC,all changes directed by the BCC have been made,and the document is ready for the (` 0
Chairman's signature. \--11` Oil..:: .
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
1 1 a
RESOLUTION 2021-123
A RESOLUTION OF THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING
RESOLUTION 2021-83, BY AMENDING THE ESCROW
AGREEMENT FOR STEWARDSHIP SENDING AREA #17
TO CHANGE THE STEWARDSHIP RECEIVING AREA
THAT WILL CONSUME THE STEWARDSHIP CREDITS
AND TRIGGER THE RECORDING OF THE
STEWARDSHIP EASEMENT. THE SUBJECT PROPERTY
IS LOCATED IN SECTIONS 10, 11, 12, 14, 15, 22, 23, 26, 27,
34, AND 35, TOWNSHIP 48 SOUTH, RANGE 28 EAST;
AND SECTIONS 1, 2, AND 3, TOWNSHIP 49 SOUTH,
RANGE 28 EAST. [PL20160000295]
WHEREAS, on April 13, 2021, by Resolution No. 2021-83, the Board of County
Commissioners ("Board") created a Stewardship Sending Area with a designation of
"CLH & CDC SSA 17" and entered into a Credit Agreement, Easement Agreement and
Escrow Agreement with Collier Land Holdings, Ltd., CDC Land Investments, LLC and
Gargiulo, Inc.; and
WHEREAS, Collier Land Holdings, Ltd., CDC Land Investments, LLC, and
Gargiulo, Inc., (collectively, "Owners", have requested a change to the Escrow
Agreement to change the 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 & CDC SSA 17, attached hereto as Exhibit 1, is hereby approved.
THIS RESOLUTION ADOPTED this 0 day of J LL11 . 2021,
after a Motion, seconded, and majority vote favoring same.
•
[19-CPS-01956/1633494/1]329 Page 1 of 2
SSA#17 amendment to Escrow
5/14/21
110
ATTEST: BOARD OF OUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER Y, FLORIDA
trakBy: By:
Attest as to Chairman SDep Cl Penny Ta r, Chairman
S'gnat're only,
Approved as to form and legality:
a - A (,%-q‘
Heidi Ashton-Cicko
Managing Assistant County Attorney
Exhibits:
Exhibit 1 —Escrow Agreement
[19-CPS-01956/1633494/1]329 Page 2 of 2
SSA#17 amendment to Escrow
5/14/21
11D
EXH Its i T
FIRST AMENDMENT TO
ESCROW AGREEMENT
(CLH& CDC SSA 17)
This FIRST AMENDMENT TO ESCROW AGREEMENT ("Amendment") is made as of the
q-` day of 2021 by and between Collier County, a political subdivision of the State of
Florida ("County"), Collier Land Holdings Ltd., a Florida limited partnership ("CLH"), CDC Land
Investments, LLC, a Florida Limited Liability Company ("CDC"), and Gargiulo, Inc., a Foreign
Profit Corporation ("Gargiulo"), hereinafter individually and jointly referred to as "Owners" and
COLEMAN, YOVANOVICH & KOESTER, P.A., (the"Escrow Agent")
RECITALS
WHEREAS, Collier County, Owners and Escrow Agent entered into an Escrow
Agreement on April 13, 2021, by Resolution No. 2021 - 83 ("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
WHEREAS,Owners desire to amend the development for which Stewardship Credits will
be available, as more particularly described herein.
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. Recitals Definitions: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 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 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.
Page I of 5
1 I D
ATTEST:
CRYSTAL K. KINZEL BOARD OF COUNTY COMMISSIONERS
COLLIER OUNTY, FLORIDA
COLLIER COUNTY
CLERK OF COURTSAtti f_
By
By: Penny Taylor, C airman
Attest i1S tothairrnani
signature only.
APPROVED AS TO FORM AND
LEGALITY: A
By: ,L (�
Hei i Ashton-Cicko,'
Managing Assistant County Attorney
May 17, 2021
Page SL.of -
11D
WITNESS: COLLIER LAND HOLDINGS, LTD.
a Florida Limited Partnership
0 �—c?
By: Collier Enterprises, Inc.
(Signature) a Florida Corporation,
its Gener Partner
\I R► By: 2
(Print full name) Printed Name: QATeic ... L.Ui„ee.
n,^� n�h�� Title: Vices Par�s%oer►r
(Sign t�ure) 1"
illiqelk ParhIwI
(Prinf full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of ✓physical presence or
online notarization this \4 ' day of , 2021, by
A.1 cac- L. UNI - , as Vices VQeSnic&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 C.iL.. 4 ,c
---
Notary Public
-- ——--—4Name: Apt' L.'Qo
gyp. y Pao Valerie L Pike
o
Commission#HH 32134
s < Commission Expires 08-17-2024
`T !!p Bonded Through-Cynanotary My Commission expires: G. �� �3"{
�`OFfo Florida.Notary Public
—
May 17, 2021 Page 3 c,f `'
11D
�, CDC Land Investments, LLC
v A Florida Limited Liability Company
(Signature) By: CD d I estment, I . içger
VkU° 2tia
By: 2..
(Print full name)
Print: (2ANILic k-- U.U-cctl_.
Title: \I►ce Eizk ',o crrc-
(Signature)
!VIVA 4" 00ha-"
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was acknowledged before me,by means of(,physical
presence or ( )online notarization on this k$'� day of MAAA , 2021, by
?A-Iticx, L.v'`t- , as \ ;oe VQ i.D of CDC Land Investments, Inc.,
manager of CDC Land Investments, LLC, who is (personally known to me or ( ) has
produced as identification.
0,..,....Q.._---R-
-p-,... .
o"a�pG°� Valerie L Pike I Notary P blic
,) r Commission#HH 32134 ( V A, �,; L.
p`
�, a Commission Expires 08.17-2024 Name: JA-'.
4 '� �° Bonded Through-Cynanotary Certificate No. 1�1�• 3Z13 L
+� OFf� Florida-Notary Public 1
- My Commission expires: AUG. r7))-cwA4
May 17, 2021
Pale i of _6
11ii
WITNESS:
GARGIULO, INC.
(Signature) a Foreign Profit Corporation
_Td�ly ?.�c(uct 9
(Print full name) By:
Print Name: Michael W. Sullivan
Title: President/CEO
(Signature)
aWAM-n G/1 s
(Print)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of physical presence or online
notarization this Je4h day of May , 2021, by ( dal la.) S Nail, as?trs te6Oof
Gargiulo, Inc., a Foreign Profit Corporation.
Notary Public
Name: jO yctc. (J i Y15
Certificate No. `,��N1i1►N�1i�
My Commission expires: ‘�DyCE 'CO(
�� ���//
a ;icA �v E1:',•• %.
.} 4��0 fie,It"
7_ •• #H 058437 *
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its: V i ('reS i de n,
Date: 511o►‘aba l
May 17, 2021 rage 5 of