Backup Documents 11/18/2014 Item #16A20 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A
6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A t e 2.' 0
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
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office . Initials Date
1.
2. •
3. County Attorney Office k it /1.: //tf
County Attorney Office
4. BCC Office Board of County
Commissioners 4tl6l\l4k .
5. Minutes and Records Clerk of Court's Office t` 1Zt(lq 3-3
I
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 9
Contact/ Dept talent
Agenda Date Item was 11/18/2014 Agenda Item Number 16.A.20
Approved by the BCC
Type of Document Original Number of Original 1
Attached Documents Attached
PO nwnber or account
number if document is a2°
�'��
to be recorded 023
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. Bare of your deadlines!
8. The document was approved by the BCC on '0444114 and all changes made during 11: N/A ,
the meeting have been incorporated in the attached document. The County ie opth
Attorney's Office has reviewed the changes,if applicable. I P4
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 the op :
Chairman's signature. ,tis i :-
1:Forms!County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised L26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: November 24, 2014
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2014-237/SSA 13 w/Exhibits
Attached for your records is a copy of the resolution referenced above, (Agenda
Item #16A20) adopted by the Board of County Commissioners on Tuesday,
November 18, 2014.
The Minutes and Record's Department has held the original for the Board's Official
Record.
If you have any questions feel free to call me at 252-8411.
Thank you.
Attachment
1 642 0
RESOLUTION NO. 2014- 2 3 7
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING RESOLUTION 2009-302, RELATING
TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS
"BCIBCP/SI SSA 13"; APPROVING THE EXTENSION OF CERTAIN
DATES TO DECEMBER 15, 2017 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW AGREEMENT
FOR BCIBCP/SI SSA 13.
WHEREAS, on December 15, 2009, the Board of County Commissioners created a
Stewardship Sending Area with a designation of "BCI/BCP/SI SSA 13" and entered into a
Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an
Escrow Agreement with Barron Collier Investments, Ltd., Barron Collier Partnership, LLLP and
Serenoa Investments, Inc.; and
WHEREAS, Barron Collier Partnership, LLLP and Serenoa Investments, Inc.,
represented by R. Bruce Anderson, Esquire of Roetzel Andress, LPA, have requested an
extension of certain time frames to December 15, 2017 in the Stewardship Sending Area Credit
Agreement for BCI/BCP/SI SSA 13 and the Escrow Agreement for BCI/BCP/SI SSA 13; 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/SI SSA 13,
attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for BCIBCP/SI SSA 13, attached
hereto as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this 146.-?-' day of
O.re..r„b c c , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT V. BROCK, CLERK COLLIER COUNTY I LORIDA
B • ' i
ttest afi4Otlifintals TOM H NNIN , Chairman
s10'natufP..ofd.
[14-CMP-00935/1124077/1] 2 1 of 2
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1 6 A 2 0
Approved as to form and legality:
r 1-1-Ar A 'a(30/N
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 —First Amendment to Stewardship Credit Agreement for BCI/BCP/SI SSA 13
Exhibit 2—First Amendment to Escrow Agreement for BCI/BCP/SI SSA 13
]tin,# /(94?-0
Agenda `h otf
Uate /
Date 11 LlReed ('f
4
[14-CMP-00935/1124077/11 2 2 of 2 Deputy C erk
Exhibit 1
FIRST AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT 6 n 20
(BCl/BCP/SI SSA 13) A
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(hereinafter referred to as the "Amendment") is made and entered into as of this /.2.. day of
1•3'-%.1(2.✓v►b t! - ,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 ("BCP"), and SERENOA INVESTMENTS, INC. ("SP')
hereinafter 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, an SSA Designation Application filed
with the County on December 31,2008 for the BCUBCP/SI SSA 13 land;and
WHEREAS,the County,Barron Collier Investments,Ltd.,Barron Collier Partnership,LLLP and
Serenoa Investments, Inc.entered into a Stewardship Sending Area Credit Agreement("BCUBCP/SI SSA
13") on December 15,2009("Agreement");and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership,LLLP 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;and
WHEREAS, due to the change in economic conditions in the State of Florida the review and
approval of the SRA has been delayed and the parties wish to amend the Agreement to extend certain
dates;and
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(BC1/BCP/SI SSA
13)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. Sixty-five
and two tenths(75.2%)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
1
CP
16420
terminate five(5)years from its effective date on December 15,2017 unless the
BCIIBCP/SI 13 Stewardship Credits have 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 BC1/BCP/SI SSA 13 or any SRA.
2. Except as amended herein,the Agreement shall remain in full force and effect.
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
DWIGHT E.BROCK,CLERK COLLIER UNTY, - ORIDA
- Ofibe1/4.4.04/dSC____
111:4 By •.B it / „,4 ._
,,;tlesi R C9 IIT ftn's TOM 1' NO, •. i .n
signature only. ill
Appro d as to f and legality:
Co, lAVAc_
Heidi Ashton-Cicko
Managing Assistant County Attorney
2
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164 2 6 A 0
WITNESS:
t :&/LC, BARRON COLLIER PARTNERSHIP,
(Signature) LLLP, a Florida limited liability limited
partnership
Di u.e L. {//4i✓ /
(Print Full Name) �%����'/'
By:
WITNESS: Lamar Gable,authorized"Agent"pursuant to
Designation of Authority recorded in Official
Records Book 4419,Page 1393,Public Records
(Signature) of Collier County,Florida
1/iJ(VJI4 ill. Cu VA
(Print Full Name)
STATE OF
COUNTY OF C---"°1.`�-''�^
The foregoing instrument was acknowledged before me this /..1- day of IJOV e her- , 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.
01.KI NS04,*i� Notary Public
? : °st 2u,Pore o• y t
• '*• Print
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WITNESS:
/6-4 . (2 BARRON COLLIER PARTNERSHIP,
(Signature) (7 LLLP, a Florida limited liability limited
• partnership
DAgvjL. t/1tlif4ei
(Print Full Name)
By: /4
WITNES % ",
Bradley Boaz,authori s�-• •: ant to
• l Designation of Authority recorded in Official
(Signature) Records Book 4419,Page 1393,Public Records
i of Collier County,Florida
mar!
(Print Full Name)
STATE OF C`c\.&cL
COUNTY OF C,t\,\
The foregoing instrument was acknowledged before me this \O day of 1J0.ke-v n ioe , 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.
•�+`1sIILKINS �/�i, Notary Public
V tt120,,2-co% G
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WITNNESS:
12444 A-- /0 to SERENOA INVESTMENTS,INC
(Si `1re) r I
Ya ✓n e104 // �, N�, �t
(Print Full Name) By: •+
Print Name: .X'a. e i r?e ,
WITNESS:/1§-12/th,/41--Itj Istd ' ri PrintTitle: T
(Signature •
)/ c)6 G. V�Vee
(Print Full Name)
STATE OF
COUNTY OF CCA.
-e—✓-
The foregoing instrument was acknowledged before me this 12— day of 1\641-4,4"-( 4e---;-2014 by
S' Vn L \ ,as (title)on behalf of
SERENOA INVESTMENTS, INC., a Florida corporation, who is personally known to me or who has
produced as identification.
ties+11u1�►rarrr
441!".1°1.111.,°/1/.�,��% Notary Public
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Exhibit 2
FIRST AMENDMENT TO
ESCROW AGREEMENT 6 a
(BCI/BCP/SI SSA 13)
, t
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the ' day of
QCit" ko-e-v" ,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 ("BCP"), SERENOA INVESTMENTS, INC. ("SI"), a Florida corporation (BCP and SI are
hereinafter individually and jointly referred to as "BCP/SI" or "Owner"), Cheffy Passidomo, P.A., (the
"Prior Escrow Agent"), and ROETZEL &ANDRESS, a legal professional association(the "New Escrow
Agent").
RECITALS
WHEREAS, Collier County, Barron Collier Investments, Ltd., Barron Collier Partnership,
LLLP, Serenoa Investments, Inc., and Escrow Agent entered into an Escrow Agreement on December 15,
2009 (the "Escrow Agreement"), pertaining to the Stewardship Sending Area designated as BCI/BCP/SI
SSA 13; and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership, LLLP 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; and
WHEREAS, due to the change in economic conditions in the State of Florida the SRA has been
delayed and the parties wish to amend the Escrow Agreement to extend certain dates; and
WHEREAS, the Prior Escrow Agent will hereby resign and be replaced by the New Escrow
Agent.
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 Owner:
a. An approved SRA which requires the exchange of Stewardship Credits from
BCI/BCP/SI SSA 13 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 SRA
[14-CMP-00935/1124128/1)6 1
Words struck thru are deleted and words underlined are added.
0'"
16A20
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 December 15, 2017, this Escrow Agent Agreement shall terminate
and the original Documents shall be returned to Owner. If a challenge and/or appeal of
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.
4. New Escrow Agent shall serve as Escrow Agent under the Escrow Agreement effective
as of the date hereof. Prior Escrow Agent hereby resigns as Escrow Agent as of the date
hereof. The County acknowledges and agrees that New Escrow Agent represents BCP/Sl
and may continue to do so while serving as Escrow Agent and notwithstanding any
present or future dispute arising under this Agreement. The parties hereto do not object
to such services by New Escrow Agent as Escrow Agent and such representation of
BCP/SI by New Escrow Agent in this and other matters, and agree that such service and
such representation does not adversely affect the independent professional judgment of
New Escrow Agent on behalf of any such party, or the ability of New Escrow Agent to
adequately represent the interest of any such party.
5. Except as amended herein, the Escrow Agreement is dated March 10, 2009 remains in
full force and effect.
6. 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 he treated
as an original.
{Remainder of Page Intentionally Left Blank}
[14-CMP-00935/1124128/1J6 2
Words etruck thru are deleted and words underlined are added.
1 6 4 2 0
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
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
B `
. _ y. AMR
Attest aSq6 C i th*'S TOM H NNING,0 hairman
signl twe only.
Apprived as to form and legality:
. FIFA
Heidi Ashton- icko
Managing Assistant County Attorney
PRIOR ESCROW AGENT: NEW ESCROW AGENT:
CHEFFY PASSIDOMO, P.A. ROETZEL&ANDRESS,
a legal professional association
40L-- /`vim 104, By:
Aks.
' J1 Its:
(Print Full Title)
Date:
Date: /f. V./41
[14-CMP-00935/1124128/1J6 3
Words;truck thru are deleted and words underlined are added.
16A20
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
DWIGHT F. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
PRIOR ESCROW AGENT: NEW ESCROW AGENT:
CHEFFY PASSIDOMO, P.A. ROETZEL &ANDRF.SS,
a legal professional association
By:
(Print Full Name) 3 `
Its: �.2i " �
(Print Full Title)
Date: NO v 5 ?C) ( -
Date:
[14-CMP-0093511124128/116 3
Words etruck thru are deleted and words underlined are added.
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1 6 A 2 0
WITNESS:\PC1-47LQ
vt-` BARRON COLLIER PARTNERSHIP,
(Signature) LLLP, a Florida limited liability limited
_ e partnership
(Print Full Name) k'%vI�
WITNESS. By:
Lamar Gable, authorized"Agent"pursuant to
Designation of Authority recorded in Official
(Signature) Records Book 4419, Page 1393, Public Records
of Collier County, Florida
Di/94ie L. 10i6Ai /
(Print Full Name)
STATE OF
COUNTY OF k ��-r"
The foregoing instrument was acknowledged before me this Sc) day of k")-e-r" 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
vi I 1i{iiltNlilr
MisKsloyS0N
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4, NS/��2o,?0/0° Print
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WITNESS:
BARRON COLLIER PARTNERSHIP,
(Signature LLLP, a Florida limited liability limited
a/172 vV�� ) 4_ I u partnership
(Print Full Name) /�
WITNESS:
By:
Bradley Boaz, authoriz "Agen purs s nt to
Designation of Author y record-, '• : ficial
(Signature) Records Book 4419, Page 1393, Public Records
of Collier County, Florida
D/.9-/a / I�/6,c./ t
(Print Full Name)
STATE OF
•
COUNTY OF CAN\eAr
The foregoing instrument was acknowledged before me this day of 0 e-•- , 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.
����.*11LKINS,����i, Notary Public
1120,49 %4r S
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. ; Print
#EE 168902 ;oq My Commission Expires: a-4611l
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[14-CMP-00935/1124128/l]6 5
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16A20
WITNESS:
\PR' `-1 204.1_12.4..y2-2 SERENOA INVESTMENTS,INC.
(SignaturFli
J %
01 e_ht_ 4) tJ/l'il ;I
f
By: i, tip 1 • AA
(Print Full Name)
Print Name: k,x.. . r , ,
WITNESS: /
lk.,-dte-/-
7 Print Title: DI c.n cr e_ Re s e 44172-
(Signature)
Y372'(Signature)
DiniiJJL. V/4Aleel
(Print Full Name)
STATE OF
COUNTY OF C *' er-
The foregoing instrument was acknowledged before me this 1j1 day of_. Lz 4 , 2014 by
w�. z,.A , as CA-se. - (pv-e_,St.d e. -r" (title) on behalf of
SERENOA INVESTMENTS, INC., a Florida corporation, who is personally known to me or who has
produced as identification.
f- k-J--11'-' Com_
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� Notary Public
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8748062_2 111878.0011
[14-CMP-00935/l124128/1]6 6
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