Resolution 2014-188 RESOLUTION NO. 2014-1 88
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, 2017 IN
THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
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 Investments, Inc.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-201, 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 CDC SSA 16; and
WHEREAS, Collier Land Investments, Inc., represented by Richard Yovanovich, Esquire
of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to
November 18, 2017 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 second amendment to the Stewardship Credit Agreement for CDC SSA 16,
attached hereto as Exhibit 1, is hereby approved.
2. The second 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 )3 day of
?9�p){ , 2014.
ATTEST: BOARD OF CO Y COMMISSIONERS
DWIGHT E. BROCK., CLERK COLLIER fihUN , FLORIDA
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33yttpOil jta11tS F-rom ENNI G, Chairman
i:,inti re only.
7/10/14 1 of 2
AppI ved as to form and legality:
(t*(A A ti ,),(Nc--
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 — Second Amendment to Stewardship Credit Agreement for CDC SSA 16
Exhibit 2— Second Amendment to Escrow Agreement for CDC SSA 16
C P\14-C M P-00930\12
7/10/14 2 of 2
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Exhibit 1
SECOND AMENDMENT 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
day of pp,�1,.cK , 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 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, 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 (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 (2700.9) 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
1
Words underlined are added and words struck-through are deleted.
' 1
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
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.
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 COUN Y, FLORIDA
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AttestDas POutflai► 'S TOM HENNING, C i:irman
signature only.
Approved as to form and legality:
0
A (IV
H Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words struck- mare deleted.
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WITNESS: CDC LAND INVESTMENTS, INC.,
a Florida corporation
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(Signature) By: r_ ► 2.-- nr,
�!S Printed Name: 'a+-,:,,k L. ki-±ev'
CE C ,rA-1
Title: 1- e s -Pre st.ler.,41'
(Print full name)
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(Signature)
J(�Q CC?f e C C{
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(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me this
day of "Su.A ,2014, by-- a},; L. Uj-4-w, as I(« 1)cel, e..,.S of CDC
Land Investments, Ii., said person being personally known to me or produced
as identification. 4Mct . ov
Notary Public
DEBORAH ON#EENM Printed Name: Glr�oralti Qe :--lit Rvwr�
r MY COMMISSION 4 EE 943929
"'4�• ,... EXPIRES:October 16,2016
Pf.^�e Bonded Thw Notary Pubic J derwrtiers
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3
Words underlined are added and words struck are deleted.
Exhibit 2
SECOND AMENDMENT TO
ESCROW AGREEMENT
(CDC SSA16) ]]
This AMENDMENT TO ESCROW AGREEMENT is made as of the )3r�day of
pH n b-e , 2014 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"), as
Successor to Goodlette, Coleman, Johnson, Yovanovich& Koester, P.A.
RECITALS
WHEREAS, Collier County, CDC Land 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 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, 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 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
1
Words underlined are added and words stftiGic-thceughare deleted.
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 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. 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
•
0a-tUli4t/
Itt ,. 'mak •
Attest a fea `s QOM HE IN , airman
signature only '
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words struck through-are deleted.
WITNESS: CDC LAND INVESTMENTS, INC.,a
Florida corporation
(Signature)
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(Print fu name) By; /,,. i
av_P Printed Name: 1Mrkk, L. 1.1 r c �e�C Title: `r►te. t s►d.e.rk.
(Signature)
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C.!--Q t v ( c c( ! / C i
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit A_?7,reement was executed before
me this o25+'-day of a;,..1%.‘ , 2014, by 1':+r,a4c L. t lttw , as
Y y \-restlav of CDC Lar Investments, Inc., said person being personally known to
me or produced as identification.
40"44, MOW A BROWN
I /_11.-,4-4-.,---a-L. 0. .1.3.-Ccu,--x-i
MY COMPAISSION#EE8/3629 Notary Public
_r EXPIRES:October 16,2016 a4,� —tom u."
i t:,. Bonded nru Notary Public Underw Rena Printed Name: .
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
—4-'1—"Ar---- --_
By: Richard . Yovanovich, Esq.
Its: '.-u. $rt-3-c.lv.t-
Date: ca 1S-1 ‘4-1
CPI 4-CMP-00930116
3
Words underlined are added and words struck gh are deleted.
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