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Agenda 06/27/2023 Item #16A 1 (Resolution - The Bellmar Village SRA within the Rural Lands Stewardship Area)16.A.1 06/27/2023 EXECUTIVE SUMMARY Recommendation to adopt a resolution amending Resolution 2021-120 for the Bellmar Village SRA within the Rural Lands Stewardship Area Overlay District (RLSA) by way of a first amendment to the Credit Agreement for Bellmar Village SRA. The subject property is located in Sections 2, 3, 10, and 11, Township 49 South, Range 28 East, Collier County. [PL202100014961 (This is a companion to items 16A2 and 17A) OBJECTIVE: To approve the first amendment to the Credit Agreement for the Bellmar Village SRA in the Rural Lands Stewardship Area Zoning Overlay District (RLSA). CONSIDERATIONS: The Rural Lands Stewardship Area (RLSA) Overlay District was adopted by Collier County as a program designed to preserve natural resources, protect agricultural lands, and direct growth to suitable locations. The mechanism to achieve this is through the designation of Stewardship Sending Areas (SSAs) in exchange for Stewardship Credits that can be used to entitle development, also known as Stewardship Receiving Areas (SRAs). On June 8, 2021, the Board of County Commissioners (Board) approved a Resolution creating the Bellmar Village SRA. The SRA was entitled at a rate of 8 credits per qualifying acre, for a total of 6,198.08 credits. Additionally, on June 8, 2021, as a companion item to the Bellmar Village SRA, the Board approved a "Town Agreement" between the landowners and Collier County, in which the landowner agreed to increase the utilization of SSA credits from 8 credits per acre to 10 credits per acre for Rivergrass, Longwater and Bellmar Villages, as well as the land area being added to form the Town when the application for the Town was submitted. This item is to amend the previously approved Credit Agreement for the Bellmar Village SRA in accordance with the Town Agreement. Under the Town Agreement, at 10 credits per qualifying acre, Bellmar Village SRA will utilize 8,427.5 credits from SSA 15 (CLH & CDC SSA 15). SSA 15 has enough available credits to accommodate the increase in credit utilization for Rivergrass Village SRA. FISCAL IMPACT: There is no monetary fiscal impact to Collier County. The recalculation of the stewardship credits per qualifying credit should result in the preservation of more acreage in the Rural Lands Stewardship Area Zoning Overlay District. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for Board approval. (HFAC) GROWTH MANAGEMENT IMPACT: The RLSA Overlay within the Future Land Use Element (FLUE) established the process and requirements for establishing SRAs, which lands qualify for SRA designation, and the number of SSA credits required to entitle SRAs. The Rural Lands Stewardship Area Overlay is implemented through the Rural Lands Stewardship Area Zoning Overlay District. The zoning overlay contains the same requirements and limitations as the FLUE Overlay. Therefore, staff s analysis indicates this resolution to amend the Bellmar Village SRA Credit Agreement is compliant with the RLSA Zoning Overlay and is also consistent with the FLUE. RECOMMENDATION: To adopt a resolution amending the Credit Agreement for the Bellmar Village SRA to increase the utilization of SSA credits from 8 credits per acre to 10 credits per acre. Prepared by: Jaime Cook, Director, Development Review Division ATTACHMENTS 1. Town Agreement (PDF) 2. Bellmar Resolution - 041023 (PDF) Packet Pg. 366 16.A.1 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 25644 Item Summary: Recommendation to adopt a resolution amending Resolution 2021-120 for the Bellmar Village SRA within the Rural Lands Stewardship Area Overlay District (RLSA) by way of a first amendment to the Credit Agreement for Bellmar Village SRA. The subject property is located in Sections 2, 3, 10, and 11, Township 49 South, Range 28 East, Collier County. [PL20210001496] (This is a companion to items 16A2 and 17A) Meeting Date: 06/27/2023 Prepared by: Title: Technician — Development Review Name: Lucia Martin 05/23/2023 1:27 PM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 05/23/2023 1:27 PM Approved By: Review: Zoning Mike Bosi Additional Reviewer Growth Management and Community Development Department Diane Lynch Growth Management and Community Development Department Jaime Cook Growth Management and Community Development Department James C French County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 05/24/2023 2:29 PM Growth Management DepartmentCompleted 05/25/2023 11:09 AM Division Director Completed 05/30/2023 3:54 PM Growth Management Completed 06/07/2023 5:09 PM Completed 06/16/2023 10:12 AM Completed 06/16/2023 10:17 AM Completed 06/16/2023 2:51 PM Completed 06/16/2023 2:56 PM Completed 06/19/2023 10:00 AM 06/27/2023 9:00 AM Packet Pg. 367 Receipt# 0084 16.A.1.a 8/2/2021 2:06:03 PM ,\BR Cot Crystal K. Kinzel - Clerk of the Circuit Court and Comptroller yF CiRC.•� a Customer Deputy Clerk Clerk Office Location PICK UP Mary L. Lamb -Luckey Collier County Govt. Center CLERK TO THE BOARD/MINS mary.luckey@collierclerk.com Building LA, 2nd Floor & REC 239-252-7242 3315 Tamiami Trl E Ste 102 3299 TAMIAMI TRL E STE 401 Naples, Florida 34112-4901 NAPLES, FL 34112 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Agreement 6106240 5991 2134 $103.50 1 Product QUANTITY DESCRIPTION UNIT COST AMOUNT 1 Corrected: OR Mtge Record ing:Agreement (Instrument: $1.00 $1.00 6106240 Book: 5991 Page: 2134) (1) TOTAL AMOUNT DUE $104.50 Clerk Account#: BCC ($103.50) Original Balance: $0.00 (8/3/2021 9:40:04 AM) Clerk Account#: BCC ($1.00) BALANCE DUE $0.00 Note: 8/2/2021 2:06:03 PM Mary L. Lamb -Luckey: BILL DEPT: TRANSPORTATION, ACCT: 313-163673-633011-601711 8/3/2021 9:40:04 AM(1) Receipt Updated by: Deputy Clerk Katrish A Pugh Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. @0000@e@0@)[FlIz❑ggao Page 1 of 1 Packet Pg. 368 16.A.1.a TOWN AGREEMENT THIS TOWT� AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of2021, by and among COLLIER LANDHOLDINGS, LTD and CDC LAND INVESTMENTS, LLC (collectively referred to as the "Landowner"), whose address is 2550 Goodlette Road North, Naples, Florida 34103, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA (hereinafter referred to as the "County"). RECITALS - WHEREAS, on January 28, 2020, the Collier County Board of County Commissioners adopted Resolution 20-24 'approving and designating the Rivergrass Village Stewardship Receiving Area ("Rivergrass Village") within the Rural Lands Stewardship Area (RLSA); and WHEREAS, Landowner has submitted Petition SRA-PL20190001836 to designate the Longwater Village Stewardship Receiving Area ("Longwater Village"); and WHEREAS, Collier Land Holdings, Ltd. has submitted a Petition SRA-PL20190001837 to designate the Bellmar Village Stewardship Receiving Area (`Bellmar Village"); and WHEREAS, RLSA Policy 4.15.1 of the Future land Use Element of the Collier County Growth Management Plan recognizes that it may take several Villages to support community scaled retail and office uses in a town; and WHEREAS, the designation of Rivergrass Village, Longwater Village and Bellmar Village results in the approval of 7,850 dwelling units, 265,000 commercial square feet and 78,500 square feet of civic and institutional uses; and WHEREAS, Landowner has an additional 515.1 acres in the general vicinity of the three villages that when combined with the three villages will allow for a town to be designated pursuant to the applicable RLSA policies of the Collier County Growth Management Plan; and WHEREAS, County wants to encourage Landowner to submit a petition to designate a town that serves the three villages and the additional lands; and WHEREAS, Landowner is willing to submit a petition to designate a town that serves the three villages and the additional lands; and WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: INSTR 6106240 OR 5991 PG 2134 RECORDED 8/2/2021 2:06 PM PAGES 12 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $103.50 INDX $1.00 Packet Pg. 369 16.A.1.a 1. All the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. This Agreement shall become effective upon approval of the Longwater Village and Belmar Village Stewardship Receiving Area's (SRA) and expiration of all appeal periods related to same. 3. Landowner will file an amendment to the Longwater Village SRA (hereinafter referred to as the Town Application), creating the Town SRA by adding the land uses and approximate land acreage listed below (Town Core), within 12 months of the County's approval of the pending Longwater and Bellmar Villages SRA applications. Bellmar Village SRA will not be eligible for any certificates of occupancy until the Town Stewardship Receiving Area is scheduled for public hearing before the Collier County Board of County Commissioners. The land uses and land acreage are as follows: 420,000 SF office/retail/employment, 20,000 SF Civic - 85.7 acres Community Park Site - 43.1 acres Utility Site - 5.3 acres 497 dwelling units — affordable housing Parcel 1 - 49.7 acres 240,000 SF Town Core (retail/office), 10,000 SF Civic - 36.1 acres 650,000 SF light industrial, 30,000 SF Civic - 87.1 acres 385 dwelling units — affordable housing Parcel 2 - 38.5 acres 500 single family units - 141.7 acres Elementary School - 27.9 acres Total 515.1 acres 4. The proposed conceptual Master Plan for the Town Application and the Villages of Rivergrass and Bellmar is attached hereto as Exhibit "A". 5. There shall be no timing conditions placed on the timing of the development of the Town Core which will be developed based on market conditions. However, areas identified for non-residential uses shall be set aside and not eligible for conversion to residential uses. 6. The Town Application will analyze the fiscal impacts of the entire Town inclusive of uses that would have previously been approved with the Rivergrass Village, Longwater Village and Bellmar Village. The Landowner must use the same methodology utilized for the individual villages, which incorporates the adopted levels of services, adopted impact fee rates, and millage rate as well as other funding provided to support capital infrastructure. 7. As part of the Town Application, the Landowner is to provide a fiscal analysis addressing the Towns impact, inclusive of the Rivergrass and Bellmar Villages on County Infrastructure at the Horizon Year per the RLSA rules. The Landowner and County shall cooperate for timing and location of needed interim facilities. For all first responders, interconnections between the development areas internal to the site are required. This may be accomplished by providing first responder access through gated areas. Q Packet Pg. 370 16.A.1.a 8. The following are options that may be utilized to address/offset costs associated with the development of a cohesive town concept and provide incentives for job creation/economic development, internal capture, mixed -use development, etc. The use of these incentives should help with the economic viability of the town concept while supporting the economic diversification goals of Collier County. Available incentives may include but are not limited to: a. Innovation Zone — designed to incentivize job creation and economic development. Innovation Zone funds can be utilized in a variety of ways, including infrastructure costs, inducements for business development, payment of development fees, etc. based on an approved Innovation Zone plan. b. Reduced impact fees for reduced demand (based on infrastructure/services provided by the town), internal capture, mixed -use development, affordable housing, etc.; and c. Economic Development Incentives for targeted businesses, business expansion, job creation, and capital investment. 9. As part of the Town application, the Landowner will provide for a Community Park parcel based on the dwelling units of the Town application inclusive of the dwelling units associated with the Villages of Rivergrass and Bellmar, with a minimum size determined by using the current RLSA standard of 200 square feet per dwelling unit. The Community Park parcel shall be reserved by the Landowner until a conveyance is requested by Collier County Parks and Recreation Dision. It is understood that the Community Park will perpetually be open to the public. Upon conveyance to the County, the County shall pay Landowner $22,500/acre for the parcel in the form of park impact fee credits. Collier County Parks Department shall have full discretion as to the park design, phasing, and schedule. All park improvement costs will be borne by Collier County, however, the Landowner shall pay community park impact fees. 10. The locations of the affordable housing parcels on the proposed Master Plan are approved; however, if the site plan is materially changed the Landowner will provide for a location depicted on the Master Plan that is near a school and/or business uses. The site(s) shall be located adjacent to educational or commercial uses on land that has similar access to common open spaces, public facilities and public transportation as market rate parcels The Landowner has agreed to provide the following: a. A 497-unit, 49.7-acre, Parcel 1 and a 385-unit, 38.5-acre, Parcel 2: affordable housing sites will be set aside for acquisition by either Collier County, a Community Land Trust, a private developer or any other affordable housing providing based upon the appraised value of $22,500/acre. The Affordable Housing parcel will be considered as a Public Benefit Use and does not require Stewardship Credits but shall be included in the calculation of total SRA acreage. The Affordable Housing units shall be excluded from the Traffic Impact Statement or trip cap for the SRA in which they are located. b. Landowners will use commercially reasonable efforts to include the Affordable Housing and Community Park sites within Owners' conceptual ERP permits for Q Packet Pg. 371 16.A.1.a Bellmar Village from the South Florida Water Management District and the Army Corps of Engineers. If Landowners are successful in including the Affordable Housing and Community Park sites within its conceptual permits for Bellmar Village, the entity that acquires the affordable housing site and the County on behalf of the Community Park site, shall reimburse the Landowners' average permitting cost and mitigation cost, for mitigation required by such permits, upon completion of the mitigation and Landowners' written request to site purchaser and/or County as applicable, which reimbursement shall be calculated by Landowners' average per acre permitting and mitigation cost multiplied times the acreage of the Affordable Housing and Community Park sites. 11. The transportation analysis required in the Town Application will minimally meet the following requirements: a. Must complete as a "Major Study" as defined by the County's TIS Guidelines. b. For all analysis, the Villages of Rivergrass, Longwater & Bellmar, approved prior to the Town application will not be deemed background/existing traffic. c. The with and without project analysis should consist of the following: 1) With Project — The entire town inclusive of Rivergrass, Longwater, Bellmar, and new Town area. 2) Without Project— Shall not include Rivergrass, Longwater or Bellmar Villages. d. Internal capture must be provided to and approved by Collier County staff prior to use in the analysis. Future year traffic projections for the Collier County roadway network will be derived using the adopted Collier Metropolitan Planning Organization (MPO) Cost -Feasible Long Range Transportation Plan (LRTP) travel demand model. Landowner must develop future year traffic projections in five-year increments both with and without the project. This will require the development of: (1) future year land use data in five-year increments; and (2) future year cost -feasible roadway networks in five-year increments; and separate Traffic Analysis Zones (TAZ's) and TAZ centroid connectors for Rivergrass Village, Longwater Village, Bellmar Village, Hyde Park Village, and the proposed "additional land" area. The land -use data sets and roadway networks will need to be provided to and approved by Collier County staff prior to their use in the travel demand modeling. f. Intersections will be agreed upon after the internal capture is finalized and initial model runs have been completed. Packet Pg. 372 16.A.1.a g. The application will not be found complete until network and intersection analysis are received and accepted by the County. 12. As part of the Town Application, the Landowner will increase the utilization of SSA credits from 8 units per acre to 10 units per acre for Rivergrass, Longwater, Bellmar Villages as well as the land area being added to form the Town. This credit adjustment with be reflected in Longwater SRA amended application. The number of acres requiring the utilization of credits shall be the same as set forth in the Resolution(s) designating those SRA's. 13. The Landowner agrees to provide as part of the Town Application, the following commitments: a. Three wildlife crossings identified in Exhibit B as WC-3, WC-4, and WC-5. 1) The wildlife crossing under Oil Well Road, WC-3, will be a concrete box culvert, 20' wide, 6' tall and approximately 170' from end -to -end. The crossing will be installed by Collier County at the same time Oil Well Road is widened to 6-lanes. The Landowner will reimburse the County within 30-days from proof of payment from the County to the construction contractor. 2) The wildlife crossing under the connector road between Rivergrass Village and Longwater Village, WC-4, will be a concrete box culvert, 10' wide, 6' tall, and 80' from end -to -end. WC-4 will be installed by the Landowner or Landowner's Representative at the time the connector road is built. The Landowner, or the Landowner's Representative will be responsible for the cost of construction for the elevated road and box culvert. 3) The wildlife crossing under the Longwater Village spine road, WC-5, will be a concrete box culvert, 10' wide, 6' tall, and 80' from end -to - end. WC-5 will be installed by the Landowner or Landowner's Representative at the time the spine road is built. The Landowner, or the Landowner's representative will be responsible for the cost of construction for the elevated road and box culvert. 4) In addition to the wildlife crossings, the Landowner will be responsible for the cost and installation of approximately 14,000 linear feet of fencing, 10' high. The fencing will be installed on both sides of each opening for the wildlife crossing, and on both ends of the wildlife crossing, to direct animals toward the crossing. b. The use of bear -proof trash cans in all residential and commercial areas within Longwater Village, Bellmar Village, and the Town of Big Cypress. Packet Pg. 373 16.A.1.a c. The use of light fixtures throughout the Bellmar and Longwater Village communities and street lighting that are, Dark Sky Compliant, Dark Sky Approved or has a BUG Rating where the uplighting (U) is equal to zero. d. All residents will be provided and required to acknowledge by signature a notice of prescriptive burns that will occur not only within the adjacent Stewardship Sending Area(s), but also at the Panther Refuge. 14. The SRA Villages of Rivergrass, Longwater, and Bellmar are exempt from downzoning, intensity reduction, or unit density reduction unless the County can demonstrate that substantial changes in the conditions underlying the approval of the SRA development order(s) have occurred or the SRA development order(s) was based on substantially inaccurate information provided by the Landowner or that the change is clearly established by local government to be essential to the public health, safety or welfare. 15. The approval granted by this development agreement is limited. Such approvals shall not be construed to relieve the Landowner of the duty to comply with all applicable local, state, or federal permitting regulations for the Town Application. 16. The Landowner and County shall work together in a cooperative manner to ensure that the necessary applications to the County, the corresponding reviews, issuance of permits, and the conduct of inspections occur expeditiously and that development is not impeded by unnecessary delays associated with such applications, issuance of permits, corresponding reviews, and inspections. 17. It is understood that any reference herein to any governmental agency shall be construed to mean any future entity which may be created or be designated or succeed in interest to or which otherwise possess any of the powers and duties of, any referenced governmental agency in existence on the effective date of this agreement. 18. Appropriate conditions and commitments contained herein may be assigned to or assumed by the Big Cypress Stewardship District. 19. If the Town Application is denied by the Collier County Board of County Commissioners the following commitments will remain in effect (a) the 43.1 acre Community Park parcel will be made available for County acquisition under the same terms as provided in Section 9 of this Agreement, (b) the 49.7 acre and 38.5 acre Affordable Housing parcels will be made available for County acquisition under the same terms as provided in Section 10 a. of this Agreement, (c) the Landowner will agree to increase the credits utilized as set forth in Section 12 of this Agreement and (d) the Landowner will comply with Section 13 of this Agreement. Legal Matters 20. This Agreement shall not be constructed or characterized as a development agreement under the Florida Local Government Development Agreement Act. Packet Pg. 374 16.A.1.a 21. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all assigns and successors in interest to the parties to this Agreement. The term "Landowner" shall include all of Landowner's assigns and successors in interest, including homeowner associations and commercial tenants. 22. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 23. The Landowner shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. The Landowner shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Landowner upon request. 24. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then -current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 25. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 To Landowner: Collier Land Holdings Ltd. CDC Land Investments, LLC C/O Pat Utter 999 Vanderbilt Beach Road Suite 507 Naples, FL 34108 26. This Agreement (which include the references set forth in the Recitals) constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. Packet Pg. 375 16.A.1.a 27. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority, or power to bind any other party hereto to any agreement whatsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Packet Pg. 376 16.A.1.a IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: ATTEST: CRYS tIV5EL, Clerk By` ,, �\ 'Attest' Clerk �r>ite.V, ,. LAN AS To LANN ER: WITNESS: (Signature) v &-:0- (Print,full name&4d (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIE C TY, FLORIDA By: envy Tayl , Chairperso COLLIER LAND HOLDINGS, LTD. A Florida Limited Partnership By: Collier Enterprises, Inc. a Florida Corporation, It's General Partner By: 2' (kal Printed Name: m- y-U. Title: d&,. Ne�kolaaT- The foregoing instrument was acknowledged before me by means of4< physical presence or ❑ online notarization, this ;1 ' day of 2 02 1, by ?ATCiuc, l,•yvM-C. of Collier Enterprise, Inc., its general partner of Collier Land Holdings, Ltd., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification. 0 s4,-O�- 9 — [Notary Seal] Valerie 1. Pike o Commission # HH 32134 N Commission Expires 08-17-2024 Bonded Through - Cynanotary Florida - Notary Public Notary Public VMgNL,"e \--' P►k"; Name typed, printed, or stamped My Commission Expires: h%x.-1-I, Zoi`�1 Packet Pg. 377 16.A.1.a (Signature) � kwez< fit" (Print full name) (Signature) ("� C-L" ©I Cc�1'�C (Print full name) STATE OF FLORIDA COUNTY OF COLLIER CDC Land Investments, LLC a Florida Limited Liability Company By: CDC Land Investments, Inc., its mana r By: �. Printed Name:L. . Title: %-C* 65�►oea-vl• The foregoing instrument was acknowledged before me by means of physical physical presence or ❑ online notarization, this ' O"day of .To,-4 , 2021, by PA-T2ick— L •)-ram of CDC Land Investments, Inc., manager of CDC Land Investments, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identificat'on. [Notary Seal] Notary Public o*aYPGe� Valerie L Pike Commission # HH 32134 N ( Commission Expires 08-17-2024 P Bonded Through - Cynanotary Florida - Notary Public \AL errs k-- eta Name typed, printed, or stamped My Commission Expires: Aoc,. V1, 3-b-L Packet Pg. 378 16.A.l.a rass "River s Village I IF-57- - A, �76111-ongwater Village OPIN, 1 *4, 10- 1, , 'Denotes BCSD Boundary- .C14 E 0 F- E jBellmar Village D U PAkGt( 1ND AVE NE Mr A 6T VE,S The Villages of Big Cypress Stewardship District EXHIBIT A ===� Packet Pg. 379 % i�1 _1 r�lr WC-3 --W�M"Mmw 0 WC-4. r \*, Exhibi B - wildlife Crossings 16.A.1.b RESOLUTION NO.2023 - A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NO. 2021-120 WHICH CREATED THE BELLMAR VILLAGE STEWARDSHIP RECEIVING AREA, AND AMENDING THE STEWARDSHIP CREDIT AGREEMENT, TO INCREASE THE STEWARDSHIP CREDITS THAT ARE BEING UTILIZED BY THE DESIGNATION OF THE BELLMAR VILLAGE STEWARDSHIP RECEIVING AREA FROM 6,742 TO 8,427.50 CREDITS. THE SUBJECT 999.74 ACRE PROPERTY IS LOCATED APPROXIMATELY 4 MILES SOUTH OF OIL WELL ROAD, EAST OF DESOTO BOULEVARD BETWEEN 4TH AVENUE NE AND 8TH AVENUE SE, ALL EAST OF DESOTO BOULEVARD IN SECTIONS 2, 3, 10 AND 11, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, on June 8, 2021, the Board of County Commissioners adopted Resolution No. 2021-120, which created the Bellmar Village Stewardship Receiving Area (`Bellmar SRA"); and WHEREAS, the landowners, Collier Land Holdings, Ltd. and CDC Land Investments (the "Landowners") have agreed to increase the stewardship credits that are needed for the designation of the Bellmar SRA from 8 credits per qualifying acre to 10 credits per qualifying credit in accordance with the terms of the Town Agreement dated June 8, 2021 between County and the Landowners; and WHEREAS, the Landowners and the County desire to amend the Stewardship Credit Agreement to recalculate the Stewardship Credits needed from Stewardship Sending Area #15. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board hereby approves the First Amendment to Stewardship Receiving Area Credit Agreement, a copy of which is attached hereto as Exhibit "C", requiring the Landowners to transfer and assign eight thousand four hundred twenty-seven and fifty hundredths (8,427.50) Stewardship Credits to Collier County. 2. There are two Agreements related to this SRA. They are (1) a Landowner Agreement for Rivergrass Village which includes transportation commitments for Bellmar Village recorded in Official Records Book 5726 Page 3331 et. seq. of the [22-CPS-02193/1783705/1]49 Bellmar Village 4/10/23 1 of 2 Packet Pg. 381 16.A.1.b public records of Collier County; and (2) a Developer Agreement related to servicing of Bellmar Village by the Collier County Water and Sewer District recorded in Official Records Book Page et. seq. of the public records of Collier County. These items are hereby incorporated by reference into this Resolution, as if fully set forth herein. These items may be separately amended without the need to amend this Resolution. THIS RESOLUTION ADOPTED this motion, second, and favorable vote. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: L z� Heidi Ashton-Cicko 4 - to Managing Assistant County Attorney day of 2023, after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman Attachment: Exhibit C — First Amendment to Stewardship Credit Agreement [22-CPS-02193/1783705/1 ]49 Bellmar Village 4/10/23 2of2 Packet Pg. 382 16.A.1.b EXHIBIT C FIRST AMENDMENT TO STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR BELLMAR VILLAGE SRA THIS STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT (hereinafter referred to as the ("Agreement") is made and entered into this day of , 2023, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112, Tarpon Blue CE Management, LLC. hereinafter referred to as "Applicant" whose mailing address is 999 Vanderbilt Beach Road, Suite 507, Naples, Florida 34108, and Collier Land Holdings, Ltd., a Florida limited Partnership, formerly known as Collier Enterprises, Ltd., a Florida limited partnership, and CDC Land Investments, LLC., a Florida limited liability company, hereinafter collectively referred to as "Owner", whose mailing addresses are 999 Vanderbilt Beach Road, Suite 507, Naples, Florida 34108, for the purpose of re - designating the number of "Stewardship Sending Area" (SSA) Credits consumed in the designation of Bellmar Village as a Stewardship Receiving Area and the source of those SSA credits. RECITALS WHEREAS, on June 8, 2021, the Board of County Commissioners adopted Resolution No. 2021-120, which created the Bellmar Village Stewardship Receiving Area ("Bellmar SRA"); WHEREAS, as part of the creation of the Bellmar SRA, the County and landowners, Collier Land Holdings, Ltd. and CDC Land Investments, LLC (the "Landowners") entered into a Stewardship Credit Agreement dated June 8, 2021 (the "Stewardship Credit Agreement"); WHEREAS, the Landowners have agreed to increase the stewardship credits that are needed for the designation of the Bellmar SRA from 8 credits per qualifying acre to 10 credits per qualifying credit in accordance with the terms of the Town Agreement dated June 8, 2021 between County and the Landowners; [22-CPS-02193/ 1698848/1 110 First Amendment to Bellmar SRA Words underlined are added; words straek through are deleted. 1 3-9-23 of 5 Packet Pg. 383 16.A.1. b WHEREAS, the Landowners and the County desire to amend the Stewardship Credit Agreement to recalculate the Stewardship Credits needed from Stewardship Sending Area #15; and WHEREAS, Collier Enterprises Management, Inc. is no longer an applicant for the Bellmar Village Stewardship Receiving Area, and it has withdrawn as a party or signatory to any amendments to the Credit Agreement. NOW THEREFORE in consideration of the above premises and the expenditure of credits and authorizations granted hereby and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Paragraph 1 of the Stewardship Credit Agreement is hereby amended as follows: Applicant and Owner are hereby utilizing and transferring 6-,742 8,427.50 Stewardship Credits (Credits) which shall be applied to the SRA land described in Exhibit "A: in order to carry out the land of development on the 999.74 acres proposed in the Bellmar Village Development Document and summarized hereinafter. 2. Except as set forth herein, the Stewardship Credit Agreement remains in full force and effect. 3. This Agreement amends the Original Credit Agreement. [22-CPS-02193/1698848/1]10 First Amendment to Bellmar SRA Words underlined are added; words stmeakthrough are deleted. 2 3-9-23 of 5 Packet Pg. 384 16.A.1.b 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 COUNTY, FLORIDA , Deputy Clerk Approved as to form and legality: By: Heidi Ashton-Cicko a Managing Assistant County Attorney WITNESS: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER Chairman TARPON BLUE CE MANAGEMENT, LLC By: Printed Name: Title: The foregoing Stewardship Receiving Area Credit Agreement was executed before me this day of , 2023, by , as of Tarpon Blue CE Management, LLC. (SEAL) [22-CPS-02193/1698848/1]10 First Amendment to Bellmar SRA 3-9-23 Notary Public Print Name Certificate No. My Commissioner Expires Words underlined are added; words stfusk-threagh are deleted. 3 o f Packet Pg. 385 16.A.1.b WITNESS: COLLIER LAND HOLDINGS, LTD, A Florida limited partnership, formally known as Collier Enterprises, LTD, a Florida limited partnership. By: Tarpon Blue CE Management, LLC. a (Signature) Florida Corporation, it's General Partner By: (Print full name) Printed Name: Kenneth Smith Title: (Signature) (Print full name) WITNESS: CDC LAND INVESTMENTS, LLC, A Florida limited liability company (Signature) By: (Print full name) Printed Name: Kenneth Smith Title: (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Receiving Area Credit Agreement was executed before me this day of , 2023, by Kenneth Smith, as Sole Manager of Tarpon Blue CE Management, LLC, the General Partner of Collier Land Holdings LTD, a Florida limited partnership, formerly known as Collier Enterprises LTD., a Florida limited partnership. (SEAL) 122-CPS-02193/1698848/ 1110 First Amendment to Bellmar SRA 3-9-23 Notary Public Print Name Certificate No. My Commissioner Expires Words underlined are added; words stmek thr-oughare deleted. 4 of 5 Packet Pg. 386 16.A.1. b STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Receiving Area Credit Agreement was executed before me this day of , 2023, by Kenneth Smith, as Sole Manager of Tarpon Blue CE Management, LLC, the Manager of CDC Land Investments, LLC. Notary Public Print Name (SEAL) Certificate No. My Commissioner Expires [22-CPS-02193/1698848/1110 First Amendment to Bellmar SRA Words underlined are added; words sttusk thr-ougb are deleted. 5 of 5 3-9-23 Packet Pg. 387