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Backup Documents 09/23/2014 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 9 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 k-kI gi2S/jy 4. BCC Office Board of County 'j'r3 b Commissioners Y N .l G‘,7-S,14� 5. Minutes and Records Clerk of Court's Office ` 11 (a-6(1i( PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Mike Bosi Phone Number 239.252.6 9 Contact/ Department Agenda Date Item was 9/23/2014 ' Agenda Item Number 16.A.9 Approved by the BCC Type of Document Resolution Number of Original 1 N-e 's Attached (XO M t b Documents Attached -Ex kS PO number or account dd:j=e8.344 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 N/A is not the meeting have been incorporated in the attached document. The County ry$i tion for 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- Chairman's signature. Map p, (Ku( I.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05, -vised 2.24.1 ; "evised 11/30/12 16A9 MEMORANDUM Date: September 29, 2014 To: Mike Bosi, Planning & Zoning Director Comprehensive Planning Department From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Resolution 2014-186/SSA 14 Attached for your records is a copy of the resolution referenced above, (Agenda Item #16A9) 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 161L9 RESOLUTION NO. 2014- 1 8 6 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2008- 331, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CLH SSA 14"; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2017 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR CLH SSA 14. WHEREAS, on November 18, 2008, the Board of County Commissioners created a Stewardship Sending Area with a designation of"CLH SSA 14" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement with Collier Land Holdings, Ltd.; and WHEREAS, on September 10, 2013, by Resolution No. 2013-199, 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 SSA 14; and WHEREAS, Collier Land Holdings, Ltd., 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 CLH SSA 14 and the Escrow Agreement for CLH SSA 14; 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 SSA 14, attached hereto as Exhibit 1, is hereby approved. 2. The second amendment to the Escrow Agreement for CLH SSA 14, attached hereto as Exhibit 2, is hereby approved. This Resolution adopted after motion, second and majority vote, this day of Stp-e.rrl , 2014. ATTEST: BOARD OF $UN COMMISSIONERS DWIGHT E. BROC , CLERK COLLIER F T / FLORIDA 12QI.Aj1/4 :.:1 y\,��, B : // i D to. TOM H IN , hairman Attest as s -Sianat"re 47, 7/10/14 .f.013‘.3- of 2 Approved as to form and legality: �, 6 A 9 pp 11---(10 Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit 1 —Second Amendment to Stewardship Credit Agreement for CLH SSA14 Exhibit 2— Second Amendment to Escrow Agreement for CLH SSA 14 CP\14-CMP-00930\7 Item# Agenda Date Date Rdc Reed 7/10/14 2 of 2 Deputy Clerk Exhibit 1 SECOND AMENDMENT TO 6 A STEWARDSHIP SENDING AREA CREDIT AGREEMENT 1 9 (CLH SSA 14) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT hereinafter referred to as the "Amendment") is made and entered into this (?rd day of �„1 , 2014, by and between COLLIER COUNTY, a political subdivision of t e 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") 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 SSA 14 land; and WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit Agreement ("CDC SSA 14") 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 SSA 14) 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. Six hundred sixty five and two tenths (665.2) acres of the lands subject to this Agreement are within a Habitat Stewardship Area (HSA) and one thousand forty eight and two tenths (1,048.2) acres of the lands subject to this Agreement are within a Flow Way Stewardship Area (FSA) and one tenth (0.1) acres of Water Retention Area (WRA) depicted on the RLSA Overlay Map, officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship Overlay 1 Words underlined are added and words struck through are deleted. 16A9 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 SSA 14 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 SSA 14 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 0-0-).%)&441. B • _ A!■ _ baJ Dep ty.Clerl,C TO HENNING, airman Attest as to Chairman s sinno,r^ • rr� �.1 Appr ved as to form and legality: o/, OfikL- Heidi Ashton-Cicko Managing Assistant County Attorney 2 Words underlined are added and words;truck through are deleted. 1 16A9 WITNESS: COLLIER LAND HOLDINGS, LTD., A Florida Limited Partnership CerArei-e--seC;e -sea- By: Collier Enterprises, Inc. a (Signature) Florida Corporation, it's Genera Partner (Print full name) By: ,,L,. - ,55 Printed Name: wrQ.e__ti I l�lw Title: \fie. (Signature) genc0 (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before,me this o2514`day of iJ , 2014, by 't e.11._L. ut4-eir-as 'ft' t i€thof Collier Enterprises, Inc, general partner of Collier Land Holdings, Ltd., said person being_personally lu L wn to me or produced as identification. ,.a,,, mow k BROWN _—'— G. DE MY COMMISSION#EE 843929 Notary Public - . EXPIRES:October 16,2016 Printed Name e-or av� Bonded Tin Notary PUNIC Unden+ntets CP: 14-CMP-0093019 3 Words underlined are added and words struck--through-are deleted. ti) Exhibit 2 SECOND AMENDMENT TO 16 A 9 ESCROW AGREEMENT (CLH SSA 14) This AMENDMENT TO ESCROW AGREEMENT is made as of the of c /1-112-Cr' , 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 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, Ltd. 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 SSA 14; 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: a. An approved SRA for the Town of Big Cypress which requires the exchange of Stewardship Credits from CLH SSA 14 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 1 Words underlined are added and words struck through are deleted. 6 9 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 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 and CDC. If a challenge and/or appeal of a necessary development order, permit or other discretionary approval are filed, CLH, 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 CLH and CDC, CLH and 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 / Ii:cket2,14A3A4MS5r._ • Deputy Clerk .111 'TO H IN I airman At: st as to Chairman's signature only. Approved as to form and legality: h, A cJ Heidi Ashton-Cicko Managing Assistant County Attorney 2 Words underlined are added and words struck through are deleted. Gd 16A9 WITNESS: COLLIER LAND HOLDINGS, LTD., A Florida Limited Partnership rte, , Pi By: Collier Enterprises, Inc. a (Signature) Florida Corporation, it Gener,1 P ner Li (Print full name) By: ' �/A ).4 6?,/te-eWelerettt-,6- Prin ted Name: . .r GV Title: tae (Signature) &,-e) (&,-e) ( gccJ ri_6 (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Amendment to Stewardship Sending Area Credit A 7reement was executed before me this ars44^-day of 3-w1 , 2014, by *,ek 1, i ll4er , as N .€ . res,,I ,,.� of Collier Ent -prises, Inc. general partner of Collier Land Holdings, Ltd., s.id •er o .-•.• • 1011 ._,. . . o me or produced as identification. — a• DEBORAH a BROWN ;; ;: Nota y Public „ .,s MY COMMISSION t EE 843929 EXPIRES:October 16,rwdt Printed Name:�e�sre a cou.r ' Rf;b �rNotay Pubiic On ers 1.110.410~411, ESCROW AGENT: COLEMAN, YOVANOVICH &KOESTER, P.A. --t.A__.A, e--- --- - By: Richard. Yovangvich, Esq. Its: 1/'� re-3•Airv)- Date: 1611119 CPU 4-CMP-00930\10 3 Words underlined are added and words emu#-are deleted. (6:1) N Xm aunty SSA LOCATION MAP w44E 16A9 E, . - , ---_,r,---iw*-1, ,_ - - ,CNN:N4-4 Z;;I: , s aer _ 1 z :Y SSA 16 1. Corkscrew Regional Ecosystem Watershed 4 • CZI , Immokalee //! �_�y tAse-t,/-t=ORD R r 1 ��7 R 84: fi , ,,- --;-,, Y V iivr44. ....." SSA15 & SSA16 Credits designated for ,,,..7711, Town of Big Cypress SSA9 = , 5-4 IF I j i 04r- .. SSA 12 ., q SSA 10 r lip- SSA12 Credits designated for Florida Panther Alico Stewardship National Wildlife Refuge Receiving Area S 175 175 - __� 0 1 2 , 4 f Fakahatchee Strand Miles■ Preserve State Park --- — U^^MAPPING BETH YANG.AI CP . — -- D A ATE TE COUNTV GROWTH MANA GEMF 1 DIVISION EP^_r 14 Patricia ��«»���� w� �� �� ~� � �� 9 m m From: Durham, Tim Sent: Tuesday, September 23, 2014 4:06 PM To: Patricia L. Morgan Subject: BCC 09.23.2014 Items I6A8. 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, �� �� �|���U� �/mm �� 2/�m�o�� �^���.� Executive Manager of Corporate Business Operations for Collier County, Florida Website:www.colliergov.net E-mail: timdurham@colliergov.net Phone: (239)252-8383 un�p/u';:a Law „Autesses 6,e pubic rec<A-ds if you�no°. -:yourm acdress re eased m:es ponse ma pub �icls ao�*� tt 16A9 SSA LOCATION MAP „4/LE< f 9 S fir' itt.,,z ;\' r_', ; .* 1 4, fg•(`l*} x,• .: ,.,...., ,,S�" i�. t � ,tf�Pr�. !!' x-15, it •: t'„,,,„ . ••••,, .,. i , .ft , ., t d a ,\ry'h '' _ r,. I \ '',y „ •' rr SSA}. 'I ,w , • Corkscrew Regional ys �! 0t 1a211? . so :r ;� V r ,��{ 5ia.r n yta ' I. a�''1�ft+±+ 11'. , r._1., giditilit„ r te. +,♦ )` , .( .rt v�y,� `., firti .1 r'ur 4.t.• tf + � nt i147;1''.1 -.- a. , iv. �; SSA 15 � L, �;'' SSA14, SSA15 8,:- 's'-i's-'''A'11. 6 �, , ,,,, ,„,,,, . ° ! ” Credits designated for f st milli t ti '� Town of Big Cypress s 'x ,{ s`,r ,4 `, fit ,; 44. . �� .t Y � •55116 , ' -*It 'i�. �� •.� '� .� �r.q 7 %...i„‘-'-',._ .� 'i ,t•3 Jr-.„II. ,,,P'' ,"., ir IA ,Fir • irajuiw . '''' ,tz, I . . .. .' 't.,,,'-, r,w 1 4.,i SSA 12 . lit ( ■t :' ', ,,,11 ■?, , , r SI .,mot ,SSA 6t / r • T' ' rt ' '.V# r. SSA12 - *i1 Credits designated for Florida Panther Alico Stewardship National Wildlife Rettig( -i'.. t Receiving Area I e j_ j -� t 4 ' 0 1 2 4 ,� Fakahatchee Sirmtd . 1 B - Preserve State Park Mi s _ ., „ s'