Resolution 2014-037RESOLUTION NO. 2014- 37
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING RESOLUTION 2009 -58, RELATING TO
THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS
"BCl/BCP SSA 10 "; APPROVING THE EXTENSION OF CERTAIN
DATES TO MARCH 10, 2015 IN THE STEWARDSHIP SENDING AREA
CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR
BCIBCP SSA 10.
WHEREAS, on March 10, 2009, the Board of County Commissioners created a
Stewardship Sending Area with a designation of "BCl/BCP SSA 10" and entered into a
Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an
Escrow Agreement with Barron Collier Investments, Ltd. and Barron Collier Partnership LLLP;
and
WHEREAS, Barron Collier Partnership LLLP is successor by merger to Barron Collier
Investments, Ltd. by Articles of Merger recorded on January 6, 2014 in Official Record Book
4998, Page 865, of the Public Records of Collier County, Florida; and
WHEREAS, Barron Collier Partnership LLLP, represented by William Dempsey,
Esquire of Cheffy Passidomo, P.A., has requested an extension to certain time frames to March
10, 2015 in the Stewardship Sending Area Credit Agreement for BCI /BCP SSA 10 and the
Escrow Agreement for BCI /BCP SSA 10; 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 BCI /BCP SSA 10,
attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for BCI /BCP SSA 10, attached hereto
as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this Z day of
r- r 32014.
ATTEST ;. •
DWI614 .'M1Z0�Ik,I CLERK
By:
Deputy Cle
Attest as to �airrn
SiOmwe only"
1 of 2
BOARD OF COUNTY CW�MISSIONERS
COLLIER COUNTY, WORIDA
M HENNINGhChairman
C ��'1
Approved as to form and legality:
IJz4 (1 4- (4(--)
�oc^ Hei i Ashton- icko
Managing Assistant County Attorney
Attachments: Exhibit 1 - Amendment to Stewardship Credit Agreement for BCI /BCP SSA 10
Exhibit 2 - Amendment to Escrow Agreement for BCI /BCP SSA 10
14-CM P -00911 / 15
2 of 2
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EXHIBIT 1
FIRST AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(BCIBCP SSA 10)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment ") is made and entered into this
,2�4' 4- day of February, 2014, 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 BARRON
COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, successor by
merger to Barron Collier Investments, Ltd., a Florida limited partnership, by Articles of Merger
filed December 30, 2013, and recorded January 6, 2014, in Official Records Book 4998, Page 865, of
the Public Records of Collier County, Florida, hereinafter referred to as "Owner," whose mailing
address is 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of extending
certain dates.
WITNESSETH:
WHEREAS, Barron Collier Partnership, LLLP, and Barron Collier Investments, Ltd.,
submitted, and the County reviewed, a SSA Designation Application filed with the County on
March 8, 2007, for the BCIBCP SSA 10 land; and
WHEREAS, the County and Barron Collier Partnership, LLLP, and Barron Collier
Investments, Ltd., entered into a Stewardship Sending Area Credit Agreement (`BCI /BCP SSA
10 ") on March 10, 2009 ( "Agreement "); and
WHEREAS, due to the change in economic conditions in the State of Florida, the review
and approval of the Barron Collier 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 (BCIBCP SSA 10) is
amended to read as follows:
8. 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 or approve, any increase in the density
or any additional uses beyond those specifically authorized in this Agreement. Ninety -
nine and eight tenths (99.8 %) of the lands subject to this Agreement are within an HSA
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 County shall not in
WordsF are deleted and words underlined are added.
Page 1 CAS
violation of Sections 4.08.06 A.2. and 3., thereafter grant or approve any expansion or
conversion of agricultural uses. Notwithstanding any condition herein to the contrary, this
Agreement and the Stewardship easement shall terminate five (5-)si x6 years from its
effective date unless the BCI /BCP SSA 10 Stewardship Credits have by that date been
exchanged for entitlement of an SRA, and the 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 SRA. 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 BCl/BCP SSA
10 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
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Words StFura k thFu are deleted and words underlined are added.
Page 2
0
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 COUNTY COMMISSIONERS
COLLIER COUNT)(, FLORIDA
B
TOM HENNING,
ATTEST:' s"
DWIGJIT E: 'BROOK, Clerk
By:
De Jerk
Aftes o Chairma '
signaturet*."
APPROVED as to Form and Legality:
d-J-�, A A k,,
Heidi Ashton - Cicko, Managing Assistant County Attorney
Page 3 0
Signed, sealed and delivered in
the presence of
f `
Witness: r
V a "I, " M mulp .� , .i
STATE OF El c r , L,
COUNTY OF e o/ I e r
BARRON COLLIER PARTNERSHIP, LLLP, a
Florida limited liability limited partnership
I
F. Flofv�%�/o1.1imw:�
Juliet C. Sproul, authorized "Agent" pursuant to
Designation of Authority recorded in Official
Records Book 4419, Page 1393, Public Records
of Collier County, Florida .
The foregoing instrument was acknowledged before me this l 7 th day of • e r 2014 by
Juliet C. Sproul, authorized "Agent" pursuant to Designation of Authority recorded in OfficialAecords. Book
4419, Page 1393, Public Records of Collier County, Florida, on behalf _ BARRON COL_ LIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who isCpgoonally known to .,__ or
who has produced as identification.
PAMELA MARTIN WALKUP
•� Cmn*Wm # EE 158926
Expires March 28, 2016
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Page 4
Notary Public
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My Commission Expires:
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Signed, sealed and delivered in
the presence of:
Witness: o Q r
Witness: &jtvJi.4 M. .
STATE OF
COUNTY OF
BARRON COLLIER PARTNERSHIP, LLLP, a
Florida limited liability limited partnership
By: dwoLr— A�—
Lamar Gable, authorized "Agent" pursuant to
Designation of Authority recorded in Official
Records Book 4419, Page 1393, Public Records
of Collier County, Florida
The foregoing instrument was acknowledged before me this k1 day of 2014 by
Lamar Gable, authorized "Agent" pursuant to Designation of Authority recorded in Official Records Book
4419, Page 1393, Public Records of Collier County, Florida, on behalf of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personally known to me or
who has produced as identification.
Notary Public
Print
My Commission Expires
Page 5
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Signed, sealed and delivered in
the presence of:
din -OTC
Witness: c lip 1 /cZ j L4 2
Y
Witness: .
STATE OF r L4C""'�
COUNTY OF C4=�k
BARRON COLLIER PARTNERSHIP, LLLP, a
Florida limited liability limited partnership
Bradley Boaz, authoried ent" ant to
Designation of Authority reco to Official
Records Book 4419, Page 1393, Public Records
of Collier County, Florida
The foregoing instrument was acknowledged before me this 11 day of 2014 by
Bradley Boaz, authorized "Agent' ' pursuant to Designation of Authority recorded in Official Records Book
4419, Page 1393, Public Records of Collier County, Florida, on behalf of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personally known t me or
who has produced as identification.
862 -0002 #80
Page 6
Notary Public
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EXHIBIT 2
FIRST AMENDMENT TO
ESCROW AGREEMENT
(BCl/BCP SSA 10)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the d S ay of February,
2014, by and between Collier County, a political subdivision of the State of Florida ( "County"),
BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership,
successor by merger to Barron Collier Investments, Ltd., a Florida limited partnership, by Articles
of Merger filed December 30, 2013, and recorded January 6, 2014, in Official Records Book 4998,
Page 865, of the Public Records of Collier County, Florida, (hereinafter "Owner "), and Cheffy
Passidomo, P.A., (the "Escrow Agent').
RECITALS
WHEREAS, Collier County, Barron Collier Partnership, LLLP, and Barron Collier
Investments, Ltd., and Escrow Agent entered into an Escrow Agreement on March 10, 2009, pertaining
to the Stewardship Sending Area designated as BCl/BCP SSA 10; and
WHEREAS, due to the change in economic conditions in the State of Florida the Barron Collier
SRA has been delayed and the parties wish to amend the Escrow Agreement dated March 10, 2009 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 to read as follows:
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 13GY13CP Owner:
a. An approved SRA for the Barron Collier SRA which requires the exchange of
Stewardship Credits from BCl/BCP SSA 10 for the additional residential and non-
residential entitlements; and
b. All necessary final and non - appealable local, state and federal permits other than a
plat, site development plan or building permit, necessary to construct the Barron
Collier SRA consistent with the provisions of Section 4.08.07 of the Collier County
Land Development Code; and
Words stniek thfu are deleted and words underlined are added.
/___1
In the event the approvals referenced above in the recitals are not delivered to the Escrow Agent
on or before March 10, 24 4 2015, this Escrow Agent Agreement shall terminate and the original
Documents shall be returned to -R Owner. If a challenge and/or appeal of necessary
development order, permit or other discretionary approval is filed °�'�P Owner 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 13Q�BGP Owner, nGrGP Owner may within 180 days of
the final disposition of the challenge or appeal terminate this Escrow Agreement.
3. Except as amended herein, the Escrow Agreement is dated March 10, 2009 remains in full force and
effect.
4. 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 str -uek thfn are deleted and words underlined are added.
2
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Escrow
Agreement by their duly authorized officers or representatives and their official seals hereto affixed the
day and year first written above.
ATTEST:
COLDER- COUNTY CLERK OF COURTS
By:
e uty ler
Attest ��-to. . ��n`�s
AMMllrn J11t�t1
I) as to Form and Legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: )
Heidi Ashton- icko, Managing Assistant County Attorney
WI SSES: ,-)
"t.
Witness:
4 Wi ess. 11
ESCROW AGENT:
CHEFF ASSIDOMO, P.A.
William J. ?em a ,Partner
Date: I
l A�
BARRON COLLIER PARTNERSHIP, LLLP, a
Florida limited liability limited partnership
/I
B
iet C. Sproul, auth `Agent" pursuant to
Designation of Authority recorded in Official
Records Book 4419, Page 1393, Public Records
of Collier County, Florida
STATE OF rla r JR
COUNTY OF
The foregoing instrument was acknowledged before me this -LZ�Ilay of I" 2014 by
Juliet C. Sproul, authorized "Agent" pursuant to Designation of Authority recorded in OfficialRecords Book
4419, Page 1393, Public Records of Collier County, Florida, on behalf of BARRON COL - R
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is ersonally known to me
who has produced as identification.
►:rt PAMELA MARTIN WALKUP
3 ;.`. Conxnfsslon # EE 158926
Expires March 28, 2016
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Notary Public
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ON
BARRON COLLIER PARTNERSHIP, LLLP, a
Florida limited liability limited partnership
By: 1 �-
Lamar Gable, author ed "Agent" pursuant to
Designation of Authority recorders in Official
Records Book 4419, Page 1393, Public Records
of Collier County, Florida
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this 1 -1 day of FO-"' "C "I , 2014 by
Lamar Gable, authorized "Agent" pursuant to Designation of Authority recorded in Official Records Book
4419, Page 1393, Public Records of Collier County, Florida, on behalf of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personal known to me or
who has produced as identification.
Notary Public
Print
My Commission Expires:
C��
BARRON COLLIER PARTNERSHIP, LLLP, a
Florida limited liability limited partnership
By: _ 6 " A S�— —
Bradley Boaz, autho ' "A t" pulsuant to
Designation of Auth city recd Official
Records Book 4419, Page 1393, Public Records
of Collier County, Florida
STATE OF
COUNTY OF Co k 1 %'-1—
The foregoing instrument was acknowledged before me this « day of VCs," , 2014 by
Bradley Boaz, authorized "Agent" pursuant to Designation of Authority recorded in Official Records Book
4419, Page 1393, Public Records of Collier County, Florida, on behalf of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is pWonally known to me or
who has produced as identification.
862 -0002 #82
M
Notary Public
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My Commission Expires:
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