Agenda 10/10/2017 Item #16A1510/10/2017
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2014-186, relating to the Stewardship
Sending Area with a designation as “CLH SSA 14”; approving the extension of certain dates to
November 18, 2020 in the Stewardship Sending Area credit agreement for CLH SSA 14 and the
Escrow agreement for CLH SSA 14.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution to amend
Resolution 2014-186, which extended Stewardship Sending Area (SSA) 14 conditionally for an additional
three-year period, to allow for that conditional period to be extended for an additional three-years to
November 18, 2020. If the extension is denied, SSA 14 will expire on November 18, 2017.
CONSIDERATIONS: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area (RLSA), which has been recognized in Florida, regionally, and nationally for visionary
methodology to preserve environmentally significant land, to protect agricultural land and to direct
growth to suitable locations. Collier County adopted the RLSA Overlay in the Land Development Code
(LDC) as the implementing regulation for the Growth Management Plan amendments known broadly as
the "Rural/Eastern Lands Amendments" which were developed in response to Administration
Commission Final Order No. AC99-002, which required a, "Rural and Agricultural Assessment" and
subsequent adoption of the Growth Management Plan amendment based upon that assessment.
On November 18, 2008, the Board during an advertised public hearing adopted Resolution 2008-331,
which designated 1,713.5 acres in the Rural Lands Stewardship Area (RLSA) Overlay as " CLH SSA 14".
Additionally the Resolution approved a credit agreement for CLH SSA 14, approved an easement
agreement for CLH SSA 14, approved an escrow agreement, and established the number of Stewardship
Credits generated by the designation of said Stewardship Sending Area.
LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA application and SSA
Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the
stewardship easement applicable to such lands, shall be provided to the Collier County Property
Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records.
The applicant proposed to hold the easement in escrow and to record the easement when all permits and
authorizations had been obtained for the Town of Big Cypress SRA, which was to occur by November
18, 2013, or the SSA Credit Agreement and Stewardship Easement Agreement were to be null and void.
At the September 10, 2013 Public Hearing, the Board adopted Resolution 2013-199, which extended the
conditional period for SSA 14 an additional year to November 18, 2014. At the September 23, 2014 BCC
Public Hearing, the Board adopted Resolution 2014-186, which extended the conditional period for SSA
14 an additional three years to November 18, 2017. The applicant indicates that the creation of the
Stewardship Receiving Area (SRA) for the Town of Rural Lands West (the development the credits from
SSA 14 have been designated to entitle) has been delayed due to the complexity of the regulatory regime
and the multiple governmental and quasi-governmental actors involved in such approvals. The attached
Resolution would amend the existing credit and escrow agreement to extend the SSA an additional three -
years until November 18, 2020. It should be noted that the Stewardship Receiving Area (SRA)
application for the Town of Rural Lands West is currently an active application within the review process.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Rural Lands Stewardship Area Overlay in
the Future Land Use Element (FLUE) establishes the process and requirements for establishment of
SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are designated
as SSAs. This land use and growth management tool is implemented through the Rural Lands
10/10/2017
Stewardship Area Zoning Overlay.
SSA 14 is designed to utilize the stewardship credits from this SSA to partially enable the development of
the proposed Rural Lands West SRA. Accordingly, the applicant for SSA 14 had established an Escrow
Agreement which delayed the recordation of the Easement Agreement into public reco rds until such time
that all requirements in the Escrow Agreement and the SRA Credit Agreement provisions of the LDC
were satisfied. The County Attorney required the recording of the notice of restrictions until the easement
is recorded consistent with the intent of the LDC.
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item. The Owner will
pay for recording of the Amendment of Land Use Limitations.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is needed
for Board approval. - HFAC
STAFF RECOMMENDATION: To adopt the resolution amending the Escrow agreement and the
Credit agreement for SSA #14, extend those agreement conditionally for an additional three -years and
subject to receipt of the recorded amended notice of restrictions within 30 days of board approval of the
Executive Summary.
Prepared by: Marcia Kendall, Senior Planner, Zoning Division
ATTACHMENT(S)
1. SSA 14 Resolution initialed - 083117 (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 3651
Item Summary: Recommendation to adopt a Resolution amending Resolution 2014-186, relating
to the Stewardship Sending Area with a designation as “CLH SSA 14”; approving the extension of certain
dates to November 18, 2020 in the Stewardship Sending Area credit agreement for CLH SSA 14 and the
Escrow agreement for CLH SSA 14.
Meeting Date: 10/10/2017
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
09/06/2017 9:58 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
09/06/2017 9:58 AM
Approved By:
Review:
Zoning Michael Bosi Additional Reviewer Completed 09/06/2017 10:12 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/19/2017 2:34 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 09/19/2017 2:42 PM
Growth Management Department Thaddeus Cohen Level 2 Department Head Review Completed 09/19/2017 5:04 PM
Growth Management Department James French Level 2 Deputy Department Head Review Completed 09/25/2017 4:34 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2017 7:51 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2017 3:33 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:09 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/01/2017 9:24 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
RESOLUTION NO. 2017-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
2008-331, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS "CLH SSA 14";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2020 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CLH SSA 14.
WHEREAS, on November 18, 2008, by Resolution No. 2008-331, 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, on September 23, 2014, by Resolution No. 2014-186, the Board of County
Commissioners approved the extension of certain dates to November 18, 2017 in the
Stewardship Sending Area Credit Agreement and 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, 2020 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 third amendment to the Stewardship Credit Agreement for CLH SSA 14,
attached hereto as Exhibit 1, is hereby approved.
2. The third amendment to the Escrow Agreement for CLH SSA 14, attached hereto as
Exhibit 2, is hereby approved.
[17 -CMP -00985/1362146/2]53 1 of 2
SSA # 14
8/31/17
This Resolution adopted after motion, second and majority vote, this _ day of
, 2017.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legality:
?W -'- 'Ir
Heidi Ashton-Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
go
PENNY TAYLOR, Chairman
Attachments:
Exhibit 1 — Third Amendment to Stewardship Credit Agreement for CLH SSA 14
Exhibit 2 — Third Amendment to Escrow Agreement for CLH SSA 14
[17 -CMP -00985/1362146/2]53 2 of 2
SSA # 14
8/31/17
THIRD AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH SSA 14)
THIS THIRD AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
day of , 2017, 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") 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 (1) year; and
WHEREAS, on September 23, 2014, the County approved the Second Amendment to
Agreement, which Second Amendment extended the date by which the SSA 14 stewardship
credits must be exchanged for development of the Town of Rural Lands West SRA to
November 18, 2017 ("Deadline"); and
WHEREAS, due to the complexity of the regulatory regime and the multiple
governmental and quasi -governmental actors involved in such approvals, the parties desire to
extend the Deadline, as more particularly set forth herein.
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. The above recitals are true and correct and incorporated herein by reference.
2. Any reference in the Agreement to the "Town of Big Cypress" shall be replaced
with the following reference:
"Town of Rural Lands West SRA".
Words underlined are added and words sWaele tkeu are deleted (8/28/2017)
3. 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
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 Nevember 18, 2017 November 18, 2020
unless the CLH SSA 14 Stewardship Credits have been exchanged for the Tewn
ef Big Gypr-ess SRA Town of Rural Lands West SRA, and the T..wn of Big
Bess -9 Town of Rural Lands West 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.
(Remainder of Page Intentionally Left Blank)
Words underlined are added and words straele are deleted (8/28/2017)
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 COUNTY, FLORIDA
Penny Taylor, Chairwomen
ATTEST:
DWIGHT E. BROCK, Clerk
APPROVED as to Form and
Legal sufficiency:
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
Words underlined are added and words s"ek threugh are deleted (8/28/2017)
WITNESS:
s Amax
(Signature) U
1YAAoA4
(Print full name)
(Signature)
V �14
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
COLLIER LAND HOLDINGS, LTD.
a Florida Limited Partnership
By: Collier Enterprises, Inc. a
Florida Corporation,
it's Gen er 1 P rtn r
By:_
Printed Name:. �...
Title i` --
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed
before me this ``'— day of c 2017, by as
�z Q >p r' of Collier Enterprises, Inc., the general partner of Collier Land
Holdings, Ltd., a Florida limited partnership, said person being personally know to me @+-
�r,:A�t}B�GI ac ir1 ntifi ati,pu,d„
Notary Pubic
Name; ALE)b< �
0. Ypvd i Valerie L. Pike
a NotaryPublic- StateofFlorida
N� a` Commission #GG 22100
9 FOF FV Expires 08/17/2020
Words underlined are added and words struck thfough are deleted (8/28/2017)
THIRD AMENDMENT TO
ESCROW AGREEMENT
(CLH SSA 14)
This THIRD AMENDMENT TO ESCROW AGREEMENT ("Amendment") is made as of
the day of , 2017 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. The County, CLH, and
Escrow Agent are collectively referred to herein as the "Parties".
RECITALS
WHEREAS, Collier County, CLH and Escrow Agent's Successor entered into an Escrow
Agreement on November 18, 2008, as subsequently amended, pertaining to the Stewardship Sending
Area designated as CLH SSA 14 ("Escrow Agreement"); and
WHEREAS, on September 10, 2013 the County approved the First Amendment to the
Escrow Agreement to extend certain dates by one (1) year; and
WHEREAS, and on September 23, 2014, the County approved the Second Amendment to
Escrow Agreement, which Second Amendment extended the date by which CLH must deliver
certain approvals to Escrow Agent to November 18, 2017 ("Deadline"); and
WHEREAS, due to the complexity of the regulatory regime and the multiple governmental
and quasi -governmental actors involved in such approvals, the Parties desire to extend the Deadline,
as more particularly set forth herein.
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. Any reference in the Escrow Agreement to the "Town of Big Cypress" shall be replaced with
the following reference:
"Town of Rural Lands West SRA".
3. Paragraph 3 of the Escrow Agreement is amended to read as follows (words stmek t1rr are
deleted and words added are underlinedl:
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:
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT (AUGUST 28, 2017)
a. An approved SRA for the Te%% eiRig Cess Town of Rural Lands
West SRA 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 Tevm e€
Big Cypress Town of Rural Lands West SRA consistent with the
provisions of Section 4.08.07 of the Collier County Land
Development Code; and
In the event the approvals referenced above are not delivered to the Escrow Agent on
or before November 18, 2020, 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.
4. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in full
force and affect.
5. 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}
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT (AUGUST 28, 2017)
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:
COLLIER COUNTY CLERK OF COURTS
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Dwight E. Brock Penny Taylor, Chairwomen
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT (AUGUST 28, 2017)
WITNESS:
-= a �yrt
(Signature)
(Print full name)
(Signature)
\ k 1poe*
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
COLLIER LAND HOLDINGS, LTD.
a Florida Limited Partnership
By: Collier Enterprises, Inc. a
Florida Corporation,
it's General Partne
By: Atw-t/l ), �&
Printed Name: PA trt:cx- l_.. rtta�e.
Title: .c vc--
The foregoing Escrow Agreement was executed before me this day of Te^N6 e- ,
2017, by ?k-iv.ic v- l_.0 -tee. , as vie rr C$esavejr— of Collier Enterprises, Inc., the
general partner of Collier Land Holdings, Ltd., a Florida limited partnership, said person being
personally known to me ot ft id0fi9fWAVA49ff-
VrRyi`'�' Valerie L. Pike
r Notary Public • State of Florida
o� Commission #GG 22100
OFF �o� Expires 08/17/2020
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its:
Date:
dkjl\-S-G)
-,
Notary Polic
Name: ASA
Certificate No. G62 -240o___
My Commission expires: S 11 2o�v
THIRD AMENDMENT TO SSA 14 ESCROW AGREEMENT (AUGUST 28, 2017)