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Backup Documents 09/23/2014 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ......Z Hr t\-(- 9 )23 /I'f ,.) 4. BCC Office Board of County Commissioners NA I\:75)(S/ 4Z..5\ A- 5. Minutes and Records Clerk of Court's Office k See Gitar nria. (0h0(14 l0'S� PRIMARY CONTACT INFORMATION 0 Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the 9 addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mike Bosi Phone Number 239.252. 819 it, Contact/ Department Agenda Date Item was 9/23/2014 Agenda Item Number 16.A.8 e Approved by the BCC /CY . Type of Document Resolution Number of Original 1 mso Attached 0'1.014— 1 e$� Documents Attached Z ESc �Lk's l PO number or account fi= '- 7 �/ number if document is to be recorded 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. Does the document require the chairman's original signature? MB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. 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 MB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 9-23-14 and all changes made during MB ., the meeting have been incorporated in the attached document. The County .4,,,,,:i , f Attorney's Office has reviewed the changes,if applicable. , 9. Initials of attorney verifying that the attached document is the version approved by the .:, BCC, all changes directed by the BCC have been made, and the document is ready for th (ii-( ,, s i s i Chairman's signature. f-fl c p Ct!f-Cccku9( it I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1648 8 CHEFFY PASSIDOMO ATTORNEYS AT LAW EDWARD K.CHEFFY 821 Fifth Avenue South ANDREW H.REISS BOARD CERTIFIED CIVIL TRIAL LAWYER p BOARD CERTIFIED BUSINESS LITIGATION LAWYER Naples,Florida 34102 BOARD CERTIFIED BUSINESS LI WILLIAM J.DEMPSETIGATION LAWYER JOHN M.PASSIDOMO Telephone:(239)261-9300 BOARD CERTIFIED REAL ESTATE LAWYER BOARD CERTIFIED REAL ESTATE LAWYER wwwnapleslaw.com TAMELA K.EADY JOHN D.KEHOE BOARD CERTIFIED REAL ESTATE LAWYER BOARD CERTIFIED CIVIL TRIAL LAWYER MICHAEL W.PETTIT LOUIS D.D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE LAWYER NICHOLAS P.MIZELL DAVID A.ZULIAN BRIAN D.ORSBORN BOARD CERTIFIED CONSTRUCTION LAWYER BRIAN J.THANASIU CLAY C.BROOKER BOARD CERTIFIED CITY,COUNTY AND OF COUNSEL: LOCAL GOVERNMENT LAWYER GEORGE L.VARNADOE October 6, 2014 HAND-DELIVERED Heidi Ashton-Cicko, Esq. Managing Assistant County Attorney Collier County Growth Mgmt Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Sunniland Family SSA 12 Extension Application — PL20140001602/Petition #SSA#12 Dear Heidi: As we have discussed, enclosed are two sets of "new" originals of the credit agreement and the escrow agreement. Per your instruction, the documents contain the date of the approval by the Board of County Commissioners, even though I and my client signed the documents today. Please secure the signature of the Chairman of the Board on both sets and return one fully-executed original set to me, as required by the escrow agreement. Thank you. Sincerely, Clay C. Brooker Cheffy Passidomo, P.A. Enclosures cc: Client (via email, w/o enc) ICJ/Li ►'r1 I n u S + fQe ",'t S '. +iv_ Se cow i S c4-- 01- L c401 ►fir . r00k-cr n read y r pi UIL (-4-P '. Or;coy-vet ) (z\ ' A.() 100- eA y IR roi l6A8 MEMORANDUM Date: October 10, 2014 To: Mike Bosi, Planning & Zoning Director Comprehensive Planning Department From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Resolution 2014-185/SSA 12 w/Exhibits Attached for your records is a copy of the resolution referenced above, (Agenda Item #16A8) adopted by the Board of County Commissioners on Tuesday, September 23, 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 252-8411. Thank you. Attachment 1 6 A 8 County of Collier CLERK OF THE CRCL` IT COURT COLLIER COUNTYSOURTHOUSE 3315 TAMIAMI TRL E STE 102 Dwight E. Brock-dkerk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustgd1ian of County Funds October 10, 2014 Clay C. Brooker Cheffy Passidomo, P.A. 821 Fifth Avenue South Naples, FL 34102 Mr. Brooker, Attached is a certified copy of Resolution 2014-185 and an original credit agreement and escrow agreement, per your request. This item was adopted by the Board of County Commissioners on Tuesday, September 23, 2014, Item #16A8. If you have any questions, please feel free to contact me at 239-252-8411. Thank you, Teresa Cannon, Senior Deputy Clerk Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 16 ,48 RESOLUTION NO. 2014- 1 8 5 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2010-29 RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "SUNNILAND FAMILY SSA 12"; APPROVING THE EXTENSION OF CERTAIN DATES TO FEBRUARY 9, 2018 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR SUNNILAND FAMILY SSA 12. WHEREAS, on February 9, 2010, the Board of County Commissioners created a Stewardship Sending Area with a designation of"Sunniland Family SSA 12" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement with Sunniland Family Limited Partnership; and WHEREAS, Sunniland Family Limited Partnership, represented by Clay Brooker, Esquire of Cheffy, Passidomo, PA, has requested an extension to certain time frames to February 9, 2018 in the Stewardship Sending Area Credit Agreement for Sunniland Family SSA 12 and the Escrow Agreement for Sunniland Family SSA 12; 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 Sunniland Family SSA 12, attached hereto as Exhibit 1, is hereby approved. 2. The first amendment to the Escrow Agreement for Sunniland Family SSA 12, attached hereto as Exhibit 2, is hereby approved. This Resolution adopted after motion, second and majority vote, this a3 day of p4-tn'16C,K , 2014. ATTEST: ^n^ BOARD OF . OUN Y COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIE ', FLORIDA D ".utyClerk "TOM NN1N∎ -Chairman Attest as to at+ an'su�: ...::,,. r: da Date -IL [14-CMP-00929/1109693/1]32—Rev. 8/14/14 1 of 2 � I �O 11� SSA Extension—Sunniland Family Itoe OLt. F GP l6A8 Approved as to form and legality: / iLoL( A- C1(0 o fvf-vk lij Heidi Ashton-Cicko q1 Managing Assistant County Attorney Attachments: Exhibit 1 —First Amendment to Stewardship Credit Agreement for Sunniland Family SSA12 Exhibit 2—First Amendment to Escrow Agreement for Sunniland Family SSA 12 II [14-CMP-00929/1109693/1] 32—Rev. 8/14/14 2 of 2 SSA Extension—Sunniland Family CP =BIT 1 16A8 FIRST AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (Sunniland Family SSA 12) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this 23rd day of September, 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 Sunniland Family Limited Partnership, a Florida limited partnership, hereinafter referred to as "Owner,"whose mailing address is P.O. Box 930, Immokalee, Florida 34143-930, for the purpose of extending certain dates. WITNESSETH: WHEREAS, Owner submitted, and the County reviewed, a SSA Designation Application filed with the County on April 10, 2008, for the Sunniland Family SSA 12 land; and WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit Agreement(Sunniland Family SSA 12) on February 9, 2010 ("Agreement"); and WHEREAS, due to the change in economic conditions in the State of Florida, the submittal, review and approval of the Alico 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 Agreement 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- eight and five-tenths percent (98.5%) of the lands subject to this Agreement are within an HSA or FSA 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 uses. Notwithstanding any condition herein to the contrary, this Agreement and the Stewardship Easement shall terminate five (5) eight (8) years from its effective date unless the Sunniland Family SSA 12 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 [6292-12999/1184553/1] Words struck are deleted and words underlined are added. Page 1 16A8 development plan or building permit, necessary to commence construction of the SRA or the Owner has decided to record the Stewardship Easement without the approval of an 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 Sunniland Family SSA 12 or any SRA. 2. Except as amended herein, the Agreement shall remain in full force and effect. {Remainder of Page intentionally Left Blank} [6292-12999/1184553/1] Words struck thrru are deleted and words underlined are added. Page 2 CA 16A8 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 By. 6\ A TO HENN G,CH ' AN ATTEST: DWIGHT E. $,ROCK, Clerk 7,r asst as to Chairman's ,Deputy Clerk ''signaturvbnfy APPROVED as`to Form and Legality: ' A 06) eidi Ashton-Cicko Managing Assistant County Attorney [6292-12999/1184553/1] Page 3 cA . . . ., - 1648 Signed,sealed and delivered in SUNNILAND FAMILY LIMITED the presence of: PARTNERSHIP,a Florida limited partnership By: SUNNILAND PARTNERS, LLC, a L/ '' �' Florida limited liability company Witness: pc6=-.7.7e A-J4,ie.— Its: General Partner • ---X// aZ---- -Witness: clA Y e. 8 e oa KEr- By: ' �/ /A f 1 �i, Aliese P.Priddy,its Managing Mem I STATE OF FLORIDA COUNTY OF COLLIER �f The foregoing instrument was acknowledged before me this day of ��,C/ ,2014 by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company, general partner of . .. -..• •I ited Partnership, a Florida limited partnership, on behalf of the company,who is p=,sonally known to m- .r who has produced as identification. 4., _/....4_ . ''""" RENEE MCCI MY COMMISSION FF147347 Notary Public EXPIRES:August 03,2018 GFP• Print My Commission Expires: [6292-12999/1184553/1] Page 4 0 rIISIT 2 FIRST AMENDMENT TO 16 A 8 ESCROW AGREEMENT (Sunniland Family SSA 12) THIS AMENDMENT TO ESCROW AGREEMENT is made as of the 23rd day of September, 2014, by and between Collier County, a political subdivision of the State of Florida ("County"), Sunniland Family Limited Partnership, a Florida limited partnership ("Owner"), and Cheffy Passidomo,P.A., (the "Escrow Agent"). RECITALS WHEREAS, County, Owner and Escrow Agent entered into an Escrow Agreement on February 9, 2010,pertaining to the Stewardship Sending Area designated as Sunniland Family SSA 12; and WHEREAS, due to the change in economic conditions in the State of Florida,the Alico SRA has been delayed and the parties wish to amend the Escrow Agreement dated February 9, 2010 as set forth below. 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 the occurrence of either of the two events, a or b, below: a. The Owner presents to the Escrow Agent and the County evidence of the following by Owner: a, An approved SRA for the Alico SRA Land which requires the exchange of Stewardship Credits from Sunniland Family SSA 12 for the additional residential and non-residential entitlements; and ii. 13,All necessary final and non-appealable local, states and federal permits other than a plat, site development plan or building permit,necessary to construct the Alico SRA Land consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code. b. The Owner notifies the Escrow Agent and the County of its decision and consent to record the Stewardship Easement without the approval of an SRA. [6292-12999/1184554/1] Words struck thru are deleted and words underlined are added. CP l6A8 In the event neither of the approvals referenced above in this section are not delivered to the Escrow Agent two events occur on or before February 9,2044 2018,this Escrow Agreement shall terminate and the original Documents shall be returned to Owner. If a challenge and/or appeal of a necessary development order, permit or other discretionary approval is filed, 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 Owner, 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 dated February 9, 2010 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} [6292-12999/1184554/1] Words struck thru are deleted and words underlined are added. 0 16A8 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 r COLLIER COUNTY,FLORIDA CO . R COUN ;CLERK OF C URTS • B / afi'sputy Clerk TOM HENNING, CH j' AN APPROVED as to Form and Legality: By: 9SLC/1/ 7"-- Heidi Ashton-Cicko Managing Assistant County Attorney WITN SES: ESCROW AGENT: CHEFFY PASSIDOMO, P.A. Witness: X, dz- Clay C. Brooker,Partner Witness: Xeciee. c 1 Date: /(2- [6292-12999/1184554/1] 3 GQ` . 1648 SUNNILAND FAMILY LIMITED PARTNERSHIP,a Florida limited partnership By: SUNNILAND PARTNERS, LLC, a Florida limited liability company Its: General Partner By: i / /41(1°Vjilf Aliese P.Priddy, its Managing Mem Fer STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this Ii day of ��� , 2014 by Aliese P. Priddy, Managing Member of Sunniland Partners, LLC, a Florida limited liability company, general partner of J • . •. . • , 1 ited Partnership, a Florida limited partnership, on behalf of the company,who is personally known to me o who has produced as identification. y e ' RENEE RICCI � — X MY COMMISSION 4 FF147347 otary Public `44......... . EXPIRES:August 03,2018 Print My Commission Expires: [6292-12999/1184554/1] 4 450 Patricia L. Morgan 16 A 8 From: Durham, Tim Sent: Tuesday, September 23, 2014 4:06 PM To: Patricia L. Morgan Subject: BCC 09.23.2014 Items 16A8, 16A9, 16A10 and 16A11 Attachments: SSA Location Map.pdf Hi Trish. The attached exhibit follows each of the resolutions on the above-referenced items. That's all I have! I can't believe it. Thanks, �� �4/m �~/� Executive Manager of Corporate Business Operations for Collier County, Florida Website:www.colliergov.net E-mail: timdurhom@coUiergovoet Phone: (239)252-8383 unu* La�mmai|�a�m�sm���|�mc:�s�n�mdo no:want your e address re:eaumumreopnno mapuWeoordytequmy uunmu�x m|e�mnmirai|m this mndry Instead,contact this office»y telephone ormwilting 1 ti 'c°""`y SSA LOCATION MAP w„_)_"�-E 16A8 $ ,,,,,,,,.- .'''',X - , `c s' 11f Cr 1 ` 1 'i5,•}. j . S�.. .�, , k 1 S r.}! .0 it 14. r. 1, SSA �4 t ' !� - Corkscrew Regional r y' >It s ,:�.� tSir v , ,Nifir.t Ecosystem Watershed :, -1 --f, Y `-,, .k t c.•a, , IL SSA 7 . ,,*t+; .lmmokalee _ , ' ,. 4 1%e s�i`� .-,, it'td <� .1 11,1 • a �•` + .,.1 el.:4 fl ' '' 'NI' 0741444 t �, - >'- ? , ._ at,..! = ,' '�, sr'�' . SSA14, SSA15 & SSA16 .� y •a.,r, ,,,,,,,t • ,.,,..:1 . . ,,milk i . -�,� ?. �;a Credits designated for ,,;. , .• ' �' y _ Town of Big Cypress s ` L 37' ;I i.',-' 'i'' , ,, SSA 1 .. .. 1 .. TT ly,"i•.+� d+ Q r SSA 16 .< d i '�• 3 I ,.� . .. SSA s ,.. '.i0 11 _ U 1 ;V. PA .II' r 1 d` ,• 31`f` ` �1' .C241i, i` li .I.� a .+ , t _. _r•t t+. .11 , à ! *1 -, "'. . ;� T ., l+• ,, 1., OP.' 1, i :1 r, , � t" ad-„ iNt SSA 12 i. i _ :t.tr• ?.' r %,0 '? . '' . ' '? S 1 / m•t ,i }` SS i. A'6, ,,ti SSA12 Credits designated for Florida Panther Alico Stewardship . National Wildlife Refuge Receiving Area „v 1 , r �� , : ' I r. ' . . I 77, __,....._:L.-,6,...__' ' __- yr� — _ I j 0 1 2 ■ 4 • Fakahatchee Sirand - .f Mites Preserve State Park .. '� - ] 0 IF 5(r Vf