Backup Documents 09/23/2014 Item #16A10 16410
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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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
4. BCC Office Board of County "rkk
Commissioners v / `Z,c \
5. Minutes and Records Clerk of Court's Office cr ttio
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 239.252.68
Contact/ Department
Agenda Date Item was 9/23/2014 Agenda Item Number 16.A.10
Approved by the BCC
Type of Document Resolution Number of Original 1 %reso
Attached 9_40 I'k—' g q- Documents Attached
PO number or account
number if document is
to be recorded
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Initials of attorney verifying that the attached document is the version approved by the
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�lriris� _ ar
Chairman's signature. 1pt Ct l� `line.
I
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
16A10
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 2014-187/SSA 15
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A10) 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
16A10
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 23 day of
.>14 ril , 2014.
ATTEST: BOARD OF r OUN1 COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER �► �, FLORIDA
Ea-k-IA-0-14 B. / It�
Deputy Clerk TOM H ING ' airman
7/10/14 Attest as to.Chairman's 1 of 2
GZ,
16A10
Approv d as to form and legality:
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
item# .16/41-to
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7/10/14 2 of 2 De t�Jj C:�rr-��-
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Exhibit 1
SECOND AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT rj
(CLH AND CDC SSA 15) lJJ
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
?.304 day of c)M ki< 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 truck rare deleted.
16A10
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
e)24,t_la
4
B
DeouyaCle k,
Attest as uf1 °' HENN 'G, Ch.' an
l�
signature only. ,3
Appr ved as to form and legality:
vci, A- (46
Heidi Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words struck through are deleted.
0
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16
A 1 g
WITNESS: COLLIER LAND HOLDINGS, LTD.,
A Florida Limited Partnership
By: Collier Enterprises, Inc., a
(Signature) Florida Corporation,
It': G-neral Partner
ill 4
(Print f 11 name) / _ By: —
Printed Name: '_ L• —
eitl' '2e Title: �te t_ �rCSso1
(Signature)'r-0( ge:c3ki C `//
i
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me this
=2544`day of -� , 2014, by Da4i ek L. 1t4-cis \r►e_e_'We s 1,a of
Collier Enterprises, Inc., a neral partner of Collier Land Holdings, Ltd., said person being personally
known to me or produced as identification.
4) a . 4
»„ t)EBORAHaBROVVII Not. Public
MY co ISSIoN t EE 843929 Printed Name:- ejo e-ra.1�. -/ - r v'--
r;:A. EXPIRES:October 16,2016
'We"' Bonded Tin Notary Pubic Underwriters
3
Words underlined are added and words struck-through-are deleted.
C�
Exhibit 2
SECOND AMENDMENT TO 16A10
ESCROW AGREEMENT
(CLH AND CDC SSA 15)
This AMENDMENT TO ESCROW AGREEMENT is made as of the day of
av0 �' , 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 ask-throughare deleted.
4.08.07 of the Collier County Land Development Code; and
6 A 1 0
In the event the approvals referenced above in the recitals are not delivered to the
Escrow Agent on or before November 18, 2011 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
Q2-111U— SQ- B : •
Attesta5,N ►`►f ` OM HENNING, ,-.irman
,,innl+,.ie.only.
ate
Appr ved as to form and legality:
_Cit A (A
H idi Ashton-Cicko
Managing Assistant County Attorney
2
Words underlined are added and words struck through are deleted.
l6Aio
WITNESS: COLLIER LAND HOLDINGS, LTD.,
A Florida Limited Partnership
By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
i 's General Partne
&4`r",/crE \ '-i ,1
(Print full name) By:
� � ,, ��� Printed Name: P.34-rie.k . )44r
&),,,, C � Title: ACie.e. ?re. iel.,w�
(Signature)
0 1 ® ;
lz i «e((-1'e 4
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit A reement was executed before
me this 025+' day of 3- , 2014, by r}r►ck L. (1.1-4ev as
v`te_e re tie,,,,* of Collier Ente rises, Inc., general partner of Collier Land Holdings,
Ltd., sill person being ersony known ta me r produced as
identification. 4
-0:* - mow- Notary Public
a#EE Printed Name: tinora�l.. k • 6 R•ozv,
-1 r COMMISSION#EE 843929
��'. EXPIRES:October 16,2016
q 1 Banded ThN No(ay PublIc Underwriters
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
4-"j1-1 g-D--------
By: Richard r. Yovanovich, Esq.
Its: \j A •ei•hI4
Date: g)sIi y
3
Words underlined are added and words struck ough--are deleted.
U4
16A10
WITNESS:
CDC LAND INVESTMENTS, LLC,
A Florida Limited Liability Company
By: CDC Land Investments, Inc., a
(Signature) Florida corporation,
It's Managing Member
(eR&VT'/Cre c..1-7z/.4A(14
'
/
(Print full name) By: ' AA,I L'
Printed Name: 4.a-}-T:.�k L. u e-✓
Title: Nice "PrestAr,,A--
dw
(Signature) (�
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit A reement was executed before
me this e.Z S—day of 3 , 2014, by -W -i- jL L. e-v as
\Ic-e-Tres,dQ-•._?- of CDC Land Investments, Inc., managing member of Collier Land
Investments LLC, said person being personally known to me or produced
as identification.
.�._.-_•4, / A
Nota Public - ` ,
F10,.:7iik, &BRO Printed Name: (�r�a �My COMMISS ION:EE EXPIRES:October 1anded Thru Notary Public
CP\14-CMP-00930\15
4
Words underlined are added and words struck-through are deleted.
�z� 16A10
coitt,County SSA LOCATION MAP Wa ��E
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Credits designated for
Florida Panther Alico Stewardship
National Wildlife Refuge
Receiving Area
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--1 Fakahatchee Strand Miles
- I Preserve State Park
- GIS MAPPING BETH ANG A.:F
x !') I' COLLIER COUNTY GROWT �ANn�t 1E IT 0 JI�ION
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„�.._.�_.,,p., _ _.! - - DATE SEP'_011
16 Alo
Patricia L. Morgan
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,
�� xJ �,���U�
2x�m �. �y�x*��vm �'���"�
Executive Manager of Corporate Business Operations
for Collier County, Florida
Website:www.colliergov.net
E-mail: timdurham@colliergov.net
Phone: (239)252-8383
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16A1 ®
der County SSA LOCATION MAP Wes''-i..E
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"4:',?''`' 4,&z' Town of Big Cypress s•"�,i -' itia.,;y� ; ,
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