Backup Documents 02/25/2014 Item #16A20 •
16A201
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception
of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to the BCC Office(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Mike Bosi GMD Planning & Zoning mcp6 2-24-14
Services Dept.
2. Heidi Ashton-Cicko, Managing Collier County Attorney 2/2014
Assistant County Attorney Office Hitic
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4.
5 Kristi Bartlett, Executive Aide to the Board of County
BCC Office Commissioners
6. Minutes and Records Clerk of Court's Office p
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PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the Executive
Summary. Primary contact information is needed in the event one of the addressees above, including Kristi Bartlett,needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.)
Name of Primary Staff Mike Bosi Phone Number 252-6819
Contact
Agenda Date Item was 2/25/2014 Agenda Item Number 16.A.20
Approved by the BCC I�-�'"31
Type of Document Resolution,Escrow Agreement,Credit Number of Original \re5o� kcrt�
Attached Agreement Documents Attached z Escxo��vc�x•.ex�
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the BCC office within 24 hours of BCC approval. Some documents
are time sensitive and require forwarding to Tallahassee within a certain time frame or the
BCC's actions are nullified. Be aware of your deadlines! ,y
6. The document was approved by the BCC on 2/25/2014 land all changes made du
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the meeting have been incorporated in the attached document. The County ���
Attorney's Office has reviewed the changes,if applicable. 1_ ;.
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MEMORANDUM
Date: February 28, 2014
To: Will Dempsey, Attorney
Cheffy, Passidomo, PA
821 5th Ave. South
Naples, FL 34102
From: Martha Vergara, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2014-37 w/exhibits
(Escrow Agreement & Credit Agreement)
Attached for your records is one (1) certified copy of the resolution referenced
above, (Agenda Item #16A20) adopted by the Board of County Commissioners on
Tuesday, February 25, 2014.
Will, if you will e-mail me the OR Book & Page once the documents
are recorded I can retrieve a copy for the official records.
The Minutes and Record's Department has held the original copy for the Board's
Official Record.
If you have any questions feel free to call me at 252-7240.
Thank you.
16A20
MEMORANDUM
Date: February 28, 2014
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Martha Vergara, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2014-37 w/exhibits
(Escrow Agreement & Credit Agreement)
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A20) adopted by the Board of County Commissioners on Tuesday,
February 25, 2014.
The Minutes and Record's Department has held the original copy for the Board's
Official Record.
If you have any questions feel free to call me at 252-7240.
Thank you.
Attachment
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RESOLUTION NO. 2014-3 7
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
BCI/BCP SSA 10.
WHEREAS, on March 10, 2009, the Board of County Commissioners created a
Stewardship Sending Area with a designation of "BCI/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 °ay of
Fe , 2014.
ATTEST,. ?"" BOARD OF COUNTY C t. MISSIONERS
DWIGFf" E:'BROC ,,.CLERK COLLIER CO TY, • 0 RIDA
By. P! '-. - L� B. • ,,.441-
• Deputy Cie TOM HENNIN , Chairman
Attest as to mini ;' f
signature
1 of 2
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Approved as to form and legality:
C4G)
V, ;c.c. 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-CMP-00911/15
2 of 2
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EXHIBIT 1
FIRST AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(BCl/BCP SSA 10)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
,..9,,c44`- 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 BCI/BCP 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 (BCI/BCP 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
Words struck thru are deleted and words underlined are added.
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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)six (6) 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.
{Remainder of Page intentionally Left Blank}
Words struck thru are deleted and words underlined are added.
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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, CHO'. AN
ATTEST: • r'
DWIU 4 T E:BROCK, Clerk
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%%Ma ,De.i lerk
Attes . a airma '
signature'onty'
APPROVED as to Form and Legality:
d1,4 ( it),
Heidi Ashton-Cicko, Managing Assistant County Attorney
Page 3
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Signed,sealed and delivered in BARRON COLLIER PARTNERSHIP,LLLP,a
the presence of: Florida limited liability limited partnership
eau
Witness: .,p/'/,f(yll tl 41. 011v4 f.> �1-
uliet C. Sproul,authoriz d"Agent"pursuant to
Designation of Authority recorded in Official
/YC ) Records Book 4419,Page 1393,Public Records
Witness: iyjprqk to iE7. of Collier County,Florida
STATE OF � I .
COUNTY OF J I e r
The foregoing instrument was acknowledged before me this l i rti day of Fe l g rt.1 , 2014 by
Juliet C. Sproul,authorized"Agent"pursuant to Designation of Authority recorded in Official-Records Book
4419, Page 1393, Public Records of Collier County, Florida, on behalf COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who i onally known ton or
who has produced as identification.
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Notary Public
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Signed,sealed and delivered in BARRON COLLIER PARTNERSHIP,LLLP,a
the presence of: Florida limited liability limited partnership
Witness: By
Lamar Gable, uthorized "Agent" pursuant to
A Designation of Authority recorded in Official
It`"i . (,)J.tA,U.L Records Book 4419,Page 1393,Public Records
Witness: prifool hit. o li iA of Collier County,Florida
STATE OF
COUNTY OF Cc'
The foregoing instrument was acknowledged before me this Vi day of\ " 'O"''-1 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
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Signed,sealed and delivered in BARRON COLLIER PARTNERSHIP,LLLP,a
the presence of: Florida limited liability limited partnership
/1?
Witness: i 2n /a. 4 la //fit/0 By 4; ./ 41101, -
Bradley Boaz, autho '>'ed :ent" p .uant to
A Designation of Authority recorded in Official
1-itiw,ri (No ; Records Book 4419,Page 1393,Public Records
Witness: &I.. Q 1 j,4 of Collier County,Florida
STATE OF
COUNTY OF Cam`t\ `
The foregoing instrument was acknowledged before me this ,1 day of "'L.~`-( , 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 to me or
who has produced as identification.
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 c 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:
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 BCI/BCP 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 struck thru are deleted and words underlined are added.
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In the event the approvals referenced above in the recitals are not delivered to the Escrow Agent
on or before March 10, 201-4 2015,this Escrow Agent Agreement shall terminate and the original
Documents shall be returned to BCI/BCP Owner. If a challenge and/or appeal of necessary
development order, permit or other discretionary approval is filed BCI/BCP 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 BCI/BCP Owner, BCI/BCP 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 etruck thru are deleted and words underlined are added.
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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:
BOARD OF COUNTY COMMISSIONERS
„„ -- COLLIER COUNTY, FLORIDA
COLLIER COUNTY CLERK OF COURTS
By: 11111._.' ifirittIli ArA t'A■111■
Ali= �. ►� to J uty k •M I G, CHAT AN
Attest as-to. s
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APPKUVEDa§to Form and Legality:
By: 1. 2/14 -
Heidi Ashton-ticko, Managing Assistant County Attorney
WI ESSES: ESCROW AGENT:
Ct.y;-to�L ; CLG�t k. CHEFF PASSIDOMO,P.A.
Witness: -7. e -Jeffiaei . ,
c)61 J William J. emp e ,Partner
WinessJJd. KC 5 f lataR 1SO( Date: _2( t
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BARRON COLLIER PARTNERSHIP,LLLP, a
Florida limited liability limited partnership
i'LL-27 fJ
iet C. Sproul,authorizes `Agent"pursuant to
Designation of Authority recorded in Official
Records Book 4419,Page 1393,Public Records
of Collier County,Florida
STATE OF ric r alt
COUNTY OF e-v )C/
The foregoing instrument was acknowledged before me this ,7 lay of rehr i. e r , 2014 by
Juliet C. Sproul,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 CO R
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who is personally known to me r
who has produced as identification.
Notary Public
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BARRON COLLIER PARTNERSHIP,LLLP,a
Florida limited liability limited partnership
By:
Lamar Gable, authori ed "Agent" pursuant to
Designation of Authority recorded in Official
Records Book 4419,Page 1393,Public Records
of Collier County,Florida
STATE OF ° 6*.
COUNTY OF C'0\`‘e—`t'
The foregoing instrument was acknowledged before me this 11 day of 'uS"'"1 , 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
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BARRON COLLIER PARTNERSHIP,LLLP,a
Florida limited liability limited partnership
By:
Bradley Boaz, a u t h o % "A Vent" p ;suant to
Designation of Auth rity reco Official
Records Book 4419,Page 1393,Public Records
of Collier County,Florida
•
STATE OF ra-ck—
COUNTY OF C C: v'
The foregoing instrument was acknowledged before me this�� day of ti , v 1 , 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 to me or
who has produced as identification.
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