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Resolution 2013-200 RESOLUTION NO. 2013- n n A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2008- 329, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CLH AND CDC SSA 15"; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2014 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CLH AND CDC SSA 15 AND THE ESCROW AGREEMENT FOR CLH AND CDC SSA 15. WHEREAS, on November 18, 2008, the Board of County Commissioners created a Stewardship Sending Area with a designation of"CLH and CDC SSA 15" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement with Collier Land Holdings, Inc. and CDC Land Investments, Inc.; and WHEREAS, Collier Land Holdings, Inc. and CDC Land Investments, Inc., represented by Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to November 18, 2014 in the Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15 and the Escrow Agreement for CLH and CDC SSA 15; 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 first amendment to the Stewardship Credit Agreement for CLH and CDC SSA 15, attached hereto as Exhibit 1, is hereby approved. 2. The first amendment to the Escrow Agreement for CLH and CDC SSA 15, attached hereto as Exhibit 2, is hereby approved. This Resolution adopted after motion, second and majority vote, this IL' day of , 2013. ATTEST:' '4` BOARD OF 0 T COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER OUN Y, LOa'IDA By: 1_ . F.;j,�� IBC . By: �'i ' ''� ' _ GEO A A'HI LER, ESQ. AttlS, Chairwoman signature only.; 9/16/13 1 of 2 0 Approved as to form and legality: 1 )-(ift, H .di Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit 1 - Amendment to Stewardship Credit Agreement for CLH and CDC SSA 15 Exhibit 2 - Amendment to Escrow Agreement for CLH and CDC SSA 15 CP\13-CPS-01236\6 • 9/16/13 2 of 2 CA EXHIBIT FIRST AMENDEMNT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (CLH and CDC SSA 15) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this 10th day of September, 2013, 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, and Collier Land Holdings, Ltd., a Florida Limited Partnership ("CLH") and CDC Land Investments, LLC, a Florida Limited Liability Company ("CDC") hereinafter individually and jointly referred to as "Owner", whose mailing addresses are 2550 Goodlette Road North, Suite 100, Naples, Florida 34103 for the purpose of extending certain dates. WITNESSETH: WHEREAS, Owner submitted, and the County reviewed, a SSA Designation Application filed with the County on May 27, 2008 for the CLH and CDC SSA 15 land; and WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit Agreement ("CLH and CDC SSA 15") on November 18, 2008 ("Agreement"); and WHEREAS, due to the change in economic conditions in the State of Florida the review and approval of the Town of Big Cypress SRA has been delayed and the parties wish to amend the Agreement to extend certain dates. NOW THEREFORE in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CLH and CDC SSA 15) is amended to read as follows: Restriction on Land Use Amendments. Upon designation of the land described in Exhibit"A" as an SSA, the Owner shall not seek or request, and the County shall not grant nor approve, any increase in the density or any additional uses beyond those specified in this Agreement. One thousand eight hundred and twenty six and nine tenths (1826.9) acres of the lands subject to this Agreement are within a Habitat Stewardship Area (HSA) and two thousand one hundred and ninety eight and five tenths (2,198.5) acres of the lands subject to this Agreement are within a Flow Way Stewardship Area (FSA) and one thousand two hundred and twenty two, three tenths (1,222.3) acres of Water Retention Area (WRA) and eleven and two tenths (11.2) acres are designated open as depicted on the RLSA Overlay Map, officially entitled "Collier County Words underlined are added and words:are deleted. ,C A Rural and Agricultural Area Assessment Stewardship Overlay Map". Upon designation of these lands as an SSA, the Owner shall neither seek nor request, and the County shall not in violation of Sections 4.08.06 A.2. and 3., thereafter grant or approve any expansion or conversion of agricultural land uses. Notwithstanding any condition herein to the contrary, this Agreement and the Stewardship easement shall terminate on November 18, 2013 November 18, 2014 unless the CLH and CDC SSA 15 Stewardship Credits have been exchanged for the Town of Big Cypress SRA, and the Town of Big Cypress SRA has received all necessary final and non-appealable local, state and federal permits other than a plat, site development plan or building permit necessary to commence construction of the Town. All affirmative obligations and negative covenants contained in this Agreement and the Stewardship Easement shall be null and void upon such termination without further action from the parties hereto. Upon such termination the land shall revert to its underlying zoning classification as of the date of this Agreement, free and clear of any encumbrance from the Stewardship Easement. If requested by the Owner, Collier County shall provide a written release and termination of this Agreement and the Stewardship easement for recording in the public records within fifteen (15) days of the request from the owner. Collier County shall update the overlay map to reflect the termination of CLH and CDC SSA 15 or any SRA. 2. Except as amended herein, the Agreement shall remain in full force and effect. {Remainder of Page Intentionally Left Blank} 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. BOARD OF C fi Y (OMMIS:IONERS COLLIER CO NT , F OR D• By: 11 IV - - Georgia A. Hiller, Esq., Chairwoman ATTEST: DWIGHT E. BRQCK, Clerk By: t� 4. Attest as to at .44 signature on APPROVED as to F'orm and Legal sufficiency: Heidi Ashton-Cicko, Assistant County Attorney WITNESS: 45 i1 150714 SUN 41E . COLLIER LAND HOLDINGS, LTD. A Florida Limited Partnership By: Collier Enterprises, Inc. a (Signature) Florida Corporation, It's General Partner (Print full name) By: i (AM, ,Z--- 0.14— Printed Name: , G4 e' r-• L- 1,Litv 1'_.z. Title: \S (Signature) (Print full name) Words underlined are added and words are deleted. CDC Land Investments, LLC (Signature) a Florida Limited Liability Company By: CDC Land Investments, I ., its manager (Print full name) By: •k 2.. Name: -mw. L. Lx#+e.,, Title: \('►,,, ?re b►cI „- (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me this IQ+'-day of �„9-k-G,,,10 d., 2013, bRakr,c.k. L. tx.}-1-w, as \):cc, ?re,i&d.�ji- of CDC Land Investments, Inc., manager of CDC Land Investments, LLC, said ear on personally, known to me or produced as identification. Y gl DEBORAH k BROWN /_I I' _ •�■ "' MY COMMISSION IEE843929 Nota Public ,.%�. : EXPIRES:October 18,2018 ,4,.8.1,:yr amedrnru Notary Pubic Undewtes Name: J �brnrdr.. 44 . 20 w 1.1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sendin Area Credit Agreement was executed before me this Ipt'- day of spice rx.b�,• , 2013, by rs. i.. Lk v, as t e., �re- •rdQ,,,..)r- of Collier Enterprises, Inc., it's partner of Collier Land Holdings, LTD. 6 DEBORAH&BROWN Nota Public I• ar MY COMMISSION t EE 843929 Name:..e oo-ra1� ) • T. r o cam; -'...A3 i EXPIRES:October 18,2018 p�^g Bonded Thru Notary Pubic Undenntters 4 EXHIBIT 2 FIRST AMENDMENT TO ESCROW AGREEMENT (CLH and CDC SSA 15) This AMENDMENT TO ESCROW AGREEMENT is made as of the 10th day of September, 2013 by and between Collier County, a political subdivision of the State of Florida ("County"), Collier Land Holdings, Ltd., a Florida limited partnership ("CLH") and CDC Land Investments, LLC, a Florida Limited Liability Company ("CDC") and COLEMAN, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent"), as Successor to Goodlette, Coleman, Johnson, Yovanovich& Koester, P.A. RECITALS WHEREAS, Collier County, Collier Land Holdings and Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. entered into an Escrow Agreement on November 18, 2008 pertaining to the Stewardship Sending Area designated as CLH and CDC SSA 15; and WHEREAS, Coleman, Yovanovich & Koester, P.A. is the successor in interest to Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.; and WHEREAS, due to the change in economic conditions in the State of Florida the Town of Big Cypress SRA has been delayed and the parties wish to amend the Escrow Agreement dated November 18, 2008 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 in its entirety 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 CLH and CDC: a. An approved SRA for the Town of Big Cypress which requires the exchange of Stewardship Credits from CLH and CDC SSA 15 for the additional residential and non-residential entitlements; and b. All necessary final and non-appealable development orders, permits, or other discretionary approvals necessary to construct the Town of Big Cypress consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code; and Words etrusk thru are deleted and words added are underlined. N In the event the approvals referenced above in the recitals are not delivered to the Escrow Agent on or before November 18, 2013 November 18, 2014, this Escrow Agreement shall terminate and the original Documents shall be returned to CLH and CDC. If a challenge and/or appeal of a necessary development order, permit or other discretionary approval are filed, CLH, CDC 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 CLH and CDC, CLH and CDC may within 180 days of the final disposition of the challenge or appeal terminate this Escrow Agreement. 3. Paragraph 10 of the Escrow Agreement is amended in its entirety to read as follows: Representation: The County acknowledges and agrees that GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. represents CLH and may continue to do so while serving as Escrow Agent and notwithstanding any present or future dispute arising under this Agreement. The parties do not object to such services by GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. as Escrow Agent and such representation of CLH by GOOLDETTE,COLEMAN, JONSON, YOVANOVICH & KOESTER, 12,24, COLEMAN, YOVANOVICH & KOESTER, P.A. in this and other matters, and agree that such service and such representation does not adversely affect the independent professional judgment of GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER, P.A.on behalf of any such party or the ability of, GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. to adequately represent the interest of any such party. 4. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in full force and affect. 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} Words etrusk u are deleted and words added are underlined. IN WITNESS WHEREOF, the parties hereto have executed this Amendment Escrow Agreement by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. ATTEST: twi3e. E. z✓Dtit, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR DA } ,/ / 1 COLLIER COUNT %CLERK OF COURTS By: till,Q,c5 ' 9 AI . By: Attest o ct " signature Georgia A. Hiller, Esq., Chairwomen APPROVED'AS'TO FORM AND LEGAL S FFICIENCY: By: (.1 d,' / ' CIO Heidi Ashton-Cicko, Assistant County Attorney WITNESS: COLLIER LAND HOLDINGS, LTD. A Florida Limited Partnership (7u''' 'fie-"( i ,-,4 ,.. 4 By: Collier Enterprises, Inc. a (Signature) Florida Corporation, its General Partner By: ' .1 L _& �.i ___'4 (Print full name) Printed Name: _-t-,r.&k I— U k4 N., ("--,-...-<-..ed-e'i7-2.!:e il,-‘2 .c-',-, './.4- Title: \CLC _ P ,..., v..0.�t- (Signature) CDC Land Investments, LLC k,f 77(/,-41 \ -ef,,,1 A Florida Limited Liability Company (Print full name) By: CDC Land Investment, Inc., its manager 1, / I Printed Name: +-trek L. I. r,v, Title: \(',,e.e. -p,r,_,,za..... ..S, 3 Words are deleted and words added are underlined. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Escrow Agreement was executed before me this I b4 - day of Sei0�,...b,e—,, , 2013, by T ,4-r,c.uc 1... Lt,4-4-e,, , as U,c . P,,,„,ate of Collier Enterprises, Inc., General Partner of Collier Land Holdings, LTD, said person being_ personally known to mr~ or produced as identification. ����[”M.i. DEBORAH A. BRO$W4 - 40-W------ 'r ' MYCOANIISSIONIEE84392g Nota y Public ���i-a EXPIRES:October 18,2018 eAoa rev, ,` . -� W *,4^ a«�eea rnr,�Notary t un Name: �1 1�-1 (�.(i,v Certificate No. G IS $4 3 9 42-9 My Commission expires: to 1 t cQ 1.1.0 i STATE OF FLORIDA COUNTY OF COLLIER The foregoing Escrow Agreement was executed before me this I C"-`-day of S,e10-1-e✓rwkri-✓ , 2013, by ,m-1-r,0_k L. W-f-e.rs as 11.c.P, �res,le.....1- of CDC Land Investments, Inc., the manager of CDC Land Investments, Inc., the manager of CDC Land Investments, LLC., said _person being personally know to me or produced as identification. t Vii'= DEBORAH k BROWN ■ ��,p"-�� ...N. /6trigi-y■-- r �!+ -. Mr COMMISSION8EE843929 otary Public A•%tom A EXPIRES:October 2018 Agt.r, twee n,N try Pubic U Imrs Name• e_to c,ey� 1 . Certificate No. EE 114 39 7_S My Commission expires: to ' it. ).2-0 13 ESCROW AGENT: COLEMAN, YOVANOVICH & KOESTER, P.A. _--1UL ter _ ' By: Richard D. Yovanovich, Esq. Its: N .._.t c.--k i << Date: `i"\)1V2 ti Words struck-thru are deleted and words added are underlined.