Loading...
Resolution 2013-201 RESOLUTION NO. 2013- 201 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2008- 330, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CDC SSA 16"; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2014 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CDC SSA 16 AND THE ESCROW AGREEMENT FOR CDC SSA 16. WHEREAS, on November 18, 2008, the Board of County Commissioners created a Stewardship Sending Area with a designation of"CDC SSA 16" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement with Collier Land Holdings, Inc.; and WHEREAS, Collier Land Holdings, 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 CDC SSA 16 and the Escrow Agreement for CDC SSA 16; 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 CDC SSA 16, attached hereto as Exhibit 1, is hereby approved. 2. The first amendment to the Escrow Agreement for CDC SSA 16, attached hereto as Exhibit 2, is hereby approved. This Resolution adopted after motion, second and majority vote, this Li day of Pk i t- ' , 2013. ATTEST: 3 ,, BOARD • C•� Y CO MMISSIONERS DWIGHT E. BROCK, CLERK COLLIE' CO T , F DA BY: ��. .. *A, A P By: Attest •ut«ANra.�,a GTi'•G AA. HILLER, ESQ. Chairwoman signature only. 9/16/13 1 of 2 Appr ved as to form and legality: ( 1([ c) H idi Ashton-Cic o Managing Assistant County Attorney Attachments: Exhibit 1 -Amendment to Stewardship Credit Agreement for CDC SSA16 Exhibit 2 - Amendment to Escrow Agreement for CDC SSA 16 CP\13-CPS-01236\7 9/16/13 2 of 2 (71) EXHIBIT i FIRST AMENDEMNT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (CDC SSA 16) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this 10th day of Septemebr, 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 CDC Land Investments, Inc., a Florida Corporation ("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 CDC SSA 16 land; and WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit Agreement ("CDC SSA 16") 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 (CDC SSA 16) 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. Two thousand seven hundred and nine tenths (2,700.9) acres of the lands subject to this Agreement are within a Habitat Stewardship Area (HSA) and one hundred and sixty three and six tenths (163.6) acres of the lands subject to this Agreement are within a Flow Way Stewardship Area (FSA) and eight and seven tenths (8.7) acres of Water Retention Area (WRA) and three (3.0) acres are designated Open as depicted on the RLSA Overlay Map, officially entitled "Collier County 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 Words underlined are added and words struck tea are deleted. A 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 CDC SSA 16 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 CDC SSA 16 or any SRA. 2. Except as amended herein, the Agreement shall remain in full force and effect. {Remainder of Page Intentionally Left Blank) 2 CA 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 •Ul'TY/CO MISIONERS COLLIER C(I UN Y, � LO I A By: I _1_ Georgia A. Hiller, Esq., Chairwomen ATTEST: DWIGHTE. BR iCK,Clerk By: 54,14 h' %.'P4011 A7) . Attest XV,Ories:- signature,onlyt APPROVED as to Form and Legal sufficiency: ( -1 1d1 A C (( H (di Ashton-Cicko, Assistant County Attorney WITNESS: CDC LAND INVESTMENTS, INC. A Florida C rporation ( (1 )-,---( '-'./ i ' ,/ BY it �� (Signature) Printed Name: ....v.i-r►c_k . U.-k- -c-L_- (� j c' t. ! < / Title: �tc� r-a s s 1�,�C : \ (Print full name) (Signature) (Print full name) Words underlined are added and words struck thru are deleted. (A() STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me this )bt``day of �e..the.+-v�•14es,, 2013, by +r,e_k L. U.4ene,- as NJI.e-e res►4e....A" of CDC Land Investments, Inc., said person being personally known to me or produced as identification. ?►r ,,„,,, DEEORAHA9cUnde Notary ^u-blic 6-0. • MYCOMMISSION•EEt30.9929 Name: -l-le too.-a t. 1200v _ '''-�� EXPIRES:October 16,2016 jk i4;. Bonded Thru Notary Pubic Urderwflws `"-- 4 0 EXHIBIT a FIRST AMENDMENT TO ESCROW AGREEMENT (CDC SSA 16) 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"), CDC Land Investments, Inc., a Florida Corporation ("CDC") and COLEMAN, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent"). 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 CDC SSA 16; 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 CDC: a. An approved SRA for the Town of Big Cypress which requires the exchange of Stewardship Credits from CDC SSA 16 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 In the event the approvals referenced above in the recitals are not delivered to the Words struck-emu are deleted and words added are underlined. L( Escrow Agent on or before November 18, 2013 November 18, 2014, this Escrow Agreement shall terminate and the original Documents shall be returned to CDC. If a challenge and/or appeal of a necessary development order, permit or other discretionary approval are filed, 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 CDC, 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, P A. 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 stfusk-thru are deleted and words added are underlined. CA() 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: Du)9vit C ?��� E. BOARD OF COUNTY COMMISSIONERS COLLIEOUNTY, FLORIDA COLLIER,COUNTY CLERK OF COURTS ( By: hi,&' ac..& • By: Atte i as . -� atYS Georgia�I�Ii"er, sq., Chairwomen signature on 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: .-ct,1 ( /- Heidi Ashton-Cicko, Assistant County Attorney WITNESS: CDC Land Investments, Inc. A Florida Corporation By: 2 (Signature) Printed Name: a+,- c,k. L.• LA44 , v Title: t e eyes I 1 I ' cQi (Print full name) % ? e L_C (Signature) E ( 1 7—z. (Print full name) Words struck-thru are deleted and words added are underlined. STATE OF FLORIDA 'COUNTY OF COLLIER The foregoing Escrow A_ reement was executed before me this 1 D'"- day of .ZGlo-fr. ,,lae,- , 2013, by 3-1-r)c.k L. UL-4-4-G.,, as \(ic.e iTr,b►d.-,`)- of CDC Land Investments, Inc., said person being personally known to me or produced as identification. Notary ublic 4_,C.L__ __A_t_e.-0,- i ..`` MYCOWISSIONNSEE843929 Name: �o1oa �rtrwr._ EXPIRES:October 18,2018 Certificate No. E E g 4 3 R��'j �' g` Undenvnters My Commission expires: to / J 0. Imo 14, ESCROW AGENT: COLEMAN, YOVANOVICH & KOESTER, P.A. By: Richard D. Yovanovich, sq. Its: N .d l`� s.o`t-c--,t-- Date: "1 i o I."S Words struck thru are deleted and words added are underlined.