Agenda 10/10/2017 Item #16A1610/10/2017
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2014-187, relating to the Stewardship
Sending Area with a designation as “CLH and CDC SSA 15”; approving the extension of certain
dates to November 18, 2020 in the Stewardship Sending Area credit agreement for CLH and CDC
SSA 15 and the Escrow agreement for CLH and CDC SSA 15.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution, amending
Resolution 2014-187, which extended Stewardship Sending Area (SSA) 15 conditionally for an additional
three-year period, to allow that conditional period to be extended for an additional three-years to
November 18, 2020. If the extension is denied, SSA 15 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 d irect
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 2008-329,
which designated 5,259 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "CLH and CDC
SSA 15". Additionally the Resolution approved a credit agreement for CLH and CDC SSA 15, approved
an easement agreement for CLH and CDC SSA 15, 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 Rural Lands West 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 2013-200, which extended the
conditional period for SSA 15 an additional year to November 18, 2014. At the September 23, 2014
Public Hearing, the Board adopted Resolution 2014-187, which extended the conditional period for SSA
15 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 15 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
10/10/2017
as SSAs. This land use and growth management tool is implemented through the Rural Lands
Stewardship Area Zoning Overlay.
SSA 15 is designed to utilize the stewardship credits from this SSA to partially enable the development of
the proposed Town of Rural Lands West SRA. Accordingly, the applicant for SSA 15 had established an
Escrow Agreement which delayed the recordation of the Easement Agreement into public records 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 #15, 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 15 Resolution initialed - 083117 (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doc ID: 3652
Item Summary: Recommendation to adopt a Resolution amending Resolution 2014-187, relating
to the Stewardship Sending Area with a designation as “CLH and CDC SSA 15”; approving the extension
of certain dates to November 18, 2020 in the Stewardship Sending Area credit agreement for CLH and
CDC SSA 15 and the Escrow agreement for CLH and CDC SSA 15.
Meeting Date: 10/10/2017
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
09/06/2017 10:01 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
09/06/2017 10:01 AM
Approved By:
Review:
Zoning Michael Bosi Additional Reviewer Completed 09/06/2017 10:14 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/19/2017 2:42 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 09/19/2017 3:35 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 4:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2017 7:52 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2017 3:39 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:11 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 8:13 AM
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 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, 2020 IN THE STEWARDSHIP SENDING AREA
CREDIT AGREEMENT AND THE ESCROW AGREEMENT
FOR CLH AND CDC SSA 15.
WHEREAS, on November 18, 2008, by Resolution No. 2008-329, 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, LLC; 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, 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 15; and
WHEREAS, Collier Land Holdings, Ltd. and CDC Land Investments, LLC, represented
by Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA, have requested an
extension to certain time frames to November 18, 2020 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 third amendment to the Stewardship Credit Agreement for CLH and CDC SSA
15, attached hereto as Exhibit 1, is hereby approved.
2. The third amendment to the Escrow Agreement for CLH and CDC SSA 15, attached
hereto as Exhibit 2, is hereby approved.
[I 7 -CMP -00985/ 1362132/1152
SSA #15
8/31/17 1 of 2
This Resolution adopted after motion, second and majority vote, this day of
, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
IC
Deputy Clerk
Approved as to form and legality:
Heidi Ashton-Cicko h1'
Managing Assistant County Attorney
PENNY TAYLOR, Chairman
Attachments:
Exhibit 1 — Third Amendment to Stewardship Credit Agreement for CLH and CDC
SSA15
Exhibit 2 — Third Amendment to Escrow Agreement for CLH and CDC SSA 15
[ 17 -CMP -00985/1362132/ 1152
SSA #15
8/31/17 2 of 2
THIRD AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH and CDC SSA 15)
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") 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 CDC and CLH 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 the First Amendment to the
Agreement to extend certain dates by one 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 15 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. Any
capitalized terms not expressly defined herein shall have the definition set forth in the Escrow
Agreement.
2. Any reference in the Agreement to the "Town of Big Cypress" shall be replaced
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with the following reference:
"Town of Rural Lands West SRA".
3. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CDC and
CLH 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 (2,198.5) acres of the lands
subject to this Agreement are within a Flow Way Stewardship Area (FSA) and
one thousand two hundred and twenty two, three tenths (1,222.3) acres of 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, 2020
unless the CDC and CLH SSA 15 Stewardship Credits have been exchanged for
the the Town of Rural Lands West SRA, and the
v,% of ring G5,p.ess 8 " the 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 Agrbement 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
CDC and CLH SSA 15 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
{Remainder of Page Intentionally Left Blank)
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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
LIN
ATTEST:
DWIGHT E. BROCK, Clerk
APPROVED as to Form and
Legal sufficiency:
Penny Taylor, Chairwomen
Heidi Ashton-Cicko, Managing Assistant County Attorney
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WITNESS:
(Signature)
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(Signature)
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STATE OF FLORIDA
COUNTY OF COLLIER
COLLIER LAND HOLDINGS, LTD.
A Florida Limited Partnership
By: Collier Enterprises, Inc, a
Florida Corporation,
it's Gen1 PaAn r
By. Z- e?*
Printed Name: c L, Uyve-
Title: �+ems Qtte5-111A�1r
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed
before me this co"— day of 2017, by Qwe e.. , as
� �Le- of Collier Enterprises, Inc., General Partner of Collier Land
Holdings, Ltd., said person personally known to me e; p;edueed
''�Pntif+r +i
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Notary POlic
Name: v Ake6<
20. g yP�e�� Valerie L. Pike
Notary Public • State of Florida
n qe Commission#GG22100
�TFOFF or Expires 0811712020
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4
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WITNESS;
(Signature) i (/
�,c�aLtR glie.�e �.—
(Print full name)
(Signature)
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(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
CDC Land Investments, LLC
a Florida Limited Liability Company
By: CDC Land Investments, Inc., its
By: 11-44 Ut
Printed N"e:
Title' \J
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed
before me this day of Sim , 2017, by 4-.c.+c.- l--Uwer#.. , as
y P4.es ti of CDC Land Investments, Inc., the Manager of CDC Land
Investments, LLC., said person being personally know to me-ef-pr-edueed
Notary P' }�blic
Name: VlhteU-le
o�pµv P& Valerie L. Pike
e Notary Public. State of Florida
y� oe Commission#GG 22100
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THIRD AMENDMENT TO
ESCROW AGREEMENT
(CLH and CDC SSA 15)
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
CDC Land Investments, LLC, a Florida Limited Liability Company ("CDC"), and COLEMAN,
YOVANOVICH & KOESTER, P.A., (the "Escrow Agent. The County, CLH and CDC, and Escrow
Agent are collectively referred to herein as the "Parties".
RECITALS
WHEREAS, Collier County, CLH, CDC 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 and CDC SSA 15 ("Escrow Agreement"); and
WHEREAS, on September 10, 2013 the County approved the First Amendment to the
Escrow Agreement to extend certain dates by one year; and
WHEREAS, on September 23, 2014, the County approved the Second Amendment to
Escrow Agreement, which Second Amendment extended the date by which CLH and CDC 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:
3. The Escrow Agent shall deliver the original Documents to the County for
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recording in the public records of Collier County upon presentment of the
following by CLH and CDC:
a. An approved SRA for the T^`..,, „f Big G moss Town of Rural Lands
West SRA which requires the exchange of Stewardship Credits from
CLH and CDC SSA 15 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 -e€
Big-Gypr-ess 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 Nevembef 18, 2017 November 18. 2020, 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.
4. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in full
force and affect.
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.
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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
COLLIER COUNTY, FLORIDA
COLLIER COUNTY CLERK OF COURTS
Lo
Dwight E. Brock
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Penny Taylor, Chairwomen
By:
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
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WITNESS:
(Signature)
,-5i .<A 1k64Xo.,oe
(Print full name)
(Signature)
V k ett u -
(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 Partner
By:
Printed Name: VkTei,.y-- l,. U•st.
Title: `{ kc- Prr esu• w -
The foregoing Escrow Agreement was executed before me this ( day of
2017, by %rei k.. L. Umee- , as \4lce (?Qe6r. NT" of Collier Enterprises, Inc.,
General Partner of Collier Land Holdings, LTD, said person being personally known to me w--
o""Ry P& � Valerie L. Pike
a NotaryPublic- StateofFlorida
o� Commission#GG22100
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Notary Pu lic
Name: Mjeflkk ,. • Vti V -e
Certificate No. CaG Z Zd o �a
My Commission expires: V1 • Z010
.Signatures continue on the following pages.
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WITNESS:
(Signature)
(Print full name)
(Signature) (�
kV � t t
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
CDC Land Investments, LLC,
A Florida Limited Liability Company
By: CDC Land Investment, Inc., its manager
The foregoing Escrow Agreement was executed before me this to day ofmv�. ,
2017, by 611-1cx- 1... Uwe -L, as of CDC Land Investments, Inc.,
the manager of CDC Land Investments, LLC., said person being personally know to me elr.
Valerie L. Pike
NotaryPublic- StateoiFlorida
�ar Commission NGG 22100
9rFOFF�O� Expires 08/17/2020
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its:
Date:
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PImRuk
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Name:
Certificate No. G & ZZ t Oo
My Commission expires
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