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Resolution 2014-187 RESOLUTION NO. 2014- 1 8 7 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, 2017 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT 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, Ltd. and CDC Land Investments, Inc.; and WHEREAS, on September 10, 2013, by Resolution No. 2013-200, the Board of County Commissioners approved the extension of certain dates to November 18, 2014 in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for CLH and CDC SSA 15; and WHEREAS, Collier Land Holdings, Ltd. and CDC Land Investments, Inc., represented by Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA, have requested an extension to certain time frames to November 18, 2017 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 second amendment to the Stewardship Credit Agreement for CLH and CDC SSA 15, attached hereto as Exhibit 1, is hereby approved. 2. The second 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 r ' day of Lp r )b r' , 2014. ATTEST: BOARD OF ' NUN ! COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER •• N/4, FLORIDA IZX1/4-kr-'■- '4&444-k. B. i i`r . Deputy Clerk TOM HENNING airman 7/10/14 Attest as to.Chairman's 1 of 2 Ginn-± Approv d as to form and legality: ' ' t CL, A Ck �'k � Hei i Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit 1 — Second Amendment to Stewardship Credit Agreement for CLH and CDC SSA15 Exhibit 2 — Second Amendment to Escrow Agreement for CLH and CDC SSA 15 CP\14-CMP-00930\11 7/10/14 2 of 2 0 Exhibit 1 SECOND AMENDMENT 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 c7R3,,i day of ct -( 1)a 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 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, on September 10, 2013, the County approved an amendment to the Agreement to extend certain dates by one year; 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 (2198.5) acres of the lands subject to this Agreement are within a Flow Way Stewardship Area (FSA) and one thousand two hundred and twenty two and three tenths (1222.3) acres of 1 Words underlined are added and words struek-through are deleted. 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 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, 2014 November 18, 2017 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. 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , / ,f-&9„..A.,...„' e.,,........c,_S., d� B • , Denutva k s i HENNI 4,--41k G, Ch 'man Attest as b un signature ontV. Appr ved as to form and legality: tilt A G1(6 Heidi Ashton-Cicko Managing Assistant County Attorney 2 Words underlined are added and words stfuek-througtFare deleted. i ) WITNESS: COLLIER LAND HOLDINGS, LTD., A Florida Limited Partnership By: Collier Enterprises, Inc., a (Signature) Florida Corporation, It'. G-neral Partner (Print f II name) / By: 1 Printed Natne: ! L• t. ev- , h c- L� Title: \fte[, 1�— r-05td42 (Signature) na c-,( ('�—c) `c-ic r i C /1 (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me this 4& day of .S 2014, by -pa``'s.,ek L. (,4%-was \i,,c..e_Vresta \--of Collier Enterprises, Inc., a neral partner of Collier Land Holdings, Ltd., said person being personally_ known to me or produced as identification. .n'_- = — DEBORAHABROWN Not Public _* my ca ISSIO-II EE eass2s Printed Name: e-r_� am_ r c .) ' !-_t.` EXPIRES:October 18,2016 Bonded Nu Notary Pubic Urdery hers 3 Words underlined are added and words str'ue through-are deleted. cD Exhibit 2 SECOND AMENDMENT TO ESCROW AGREEMENT (CLH AND CDC SSA 15) This AMENDMENT TO ESCROW AGREEMENT is made as of the (34 day of -pk.i bt✓ , 2014 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") hereafter individually and jointly referred to as "Owner", 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, CDC Investments, Inc. 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, on September 13, 2013, the County approved an amendment to the agreement to extend certain dates by one year; 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 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 1 Words underlined are added and words struGlis-th-reugh-are deleted. 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 Escrow Agent on or before November 18, 2014 November 18, 2017, this Escrow Agreement shall terminate and the original Documents shall be returned to CLH. If a challenge and/or appeal of a necessary development order, permit or other discretionary approval are filed, CLH 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, CLH 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 dated November 18, 2008 remains in full force and affect. 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. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA / / B • Rxi `r OM HENNING, airman AtteGt a� j '1r,nl ure only. 0 Appr jved as to form and legality: LA ci / ( i t \-4 H idi Ashton-Cicko Managing Assistant County Attorney 2 Words underlined are added and words struckrthrough-are deleted. WITNESS: COLLIER LAND HOLDINGS, LTD., ‘ -e.ft-e- _____44— A Florida Limited Partnership By: Collier Enterprises, Inc. a (Signature) Florida Corporation, i 's General Partne (Print full name) By: ' Printed Name: �a4rle,k L.• �k}-ke r (Ill,mot� C�� Title: \f't c e, re, .►1„N- (Signature) ct<0e- ' r ' c 4 C6 (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit A regiment was executed before me this c:,1.5÷1,-day of S 2014, by -}- —}reek L. I L+4-Lr, as ,(`ie -res twle-„ - of Collier Enteeprises, Inc., general partner of Collier Land Holdings, Ltd., 'aid person being personally known to me or produced as identification. C1 • (th - Ik Notary Public �� tin COA�MISSION EE ea3s2s Printed Name: bara,4..- L. 6 R. r� i' .'e EXPIRES:October 18,2016 Rf fi Bonded Thru Notary Public Underwriters ESCROW AGENT: COLEMAN, YOVANOVICH & KOESTER, P.A. 4-j---. -D--...- - --. ' By: Richard. Yovanovich, Esq. u Its: \t, -t:•c)<.-- Date: S)sII1 3 Words underlined are added and words 64Ush-through-are deleted. , ) WITNESS: CDC LAND INVESTMENTS, LLC, A Florida Limited Liability Company By: CDC Land Investments, Inc., a (Signature) Florida corporation, It's Managing Member Oe ,CE c_57 ,4,4A ./ - . - (Print full name) By: • .44.4 L- F /4 Printed Name: �}�,�k t.,. I t -r,v (1,./4, VP Title: Nice merest A ti„ r (Signature) CCO (Print full name) S'L'ATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit ). reement was executed before me this ofS day of 3-L,A , 2014, by e-}r; k L. U.*+e-v as of CDC Land Investments, Inc., managing member of Collier Land Investments LLC, said person being personally known to me or produced as identification. Nota y Public ariiienk,% DEBORAH A.BROWN Printed Name: [ 12ou., h: ,•, :r_ My COMMISSION N EE 943929 EXPIRES:October 16,2016 ?,,- Bonded Tlwu Notary Pubic Underwriters C P\1 4-CMP-00930\15 4 Words underlined are added and words struck-through are deleted. N Aa.......ototty SSA LOCATION MAP ,.d E s I1 9t- ;� . j SSA 16 Corkscrew Regional r Ecosystem Watershed ' y 1 1# f0 - a..ix, - EMT? ,*Immokalee r[. / 1340 MD Ene 1 0 # / " SSA 1Z. 1 / .-... ,Itii* ALEC RD E _____..._ -1 -- I -____ t SSA 15 SSA14, SSA15 & SSA16 tt Credits designated for r it. o. .I Town of Big Cypress t 0. SSA15 x' I S s i. f' i . SSA 12 SSA 10 i '; / / C / SSA12 Credits designated for { Florida Panther Alico Stewardship r National Wildlife Refuge Receiving Area X75 L ,-75 'l:,,, 0 1 2 4 t ....I 1 Fakahatchee Strand Mlles � . -- Preserve State Park I -