Resolution 2017-186 RESOLUTION NO. 2017-1 8 6
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
2008-330, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS "CDC SSA 16";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2020 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CDC SSA 16.
WHEREAS, on November 18, 2008, by Resolution No. 2008-330, the Board of County
Commissioners created a Stewardship Sending Area with a designation of"CDC SSA 16" and
entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement
and an Escrow Agreement with CDC Land Investments, Inc.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-201, 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 CDC SSA 16; 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 16; and
WHEREAS, Collier Land Investments, Inc., 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 CDC SSA 16 and
the Escrow Agreement for CDC SSA 16; 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 CDC SSA 16,
attached hereto as Exhibit 1, is hereby approved.
2. The third amendment to the Escrow Agreement for CDC SSA 16, attached hereto as
Exhibit 2, is hereby approved.
[17-CMP-00985/1361810/1]49 1 of 2
SSA#16
8/30/17
This Resolution adopted after motion, second and majority vote, this �0 day of
C`/ ! , 2017.
ATTEST: ' ,z, BOARD • : .1 TY COMMISSIONERS
DW GHT'E. BRO K,'CLERK COLLIER . 0 ITY, FLORIDA
V► t �L° y.
•
B //
Attest astotef PENNYl.9 YLOR, it an
signature only.
App oved as to form and legality:
eidi Ashton-Cicko01,
Managing Assistant County Attorney
Attachments:
Exhibit 1 —Third Amendment to Stewardship Credit Agreement for CDC SSA 16
Exhibit 2 —Third Amendment to Escrow Agreement for CDC SSA 16
[17-CMP-00985/1361810/1]49 2 of 2
SSA#16
8/30/17
Exhibit 1
THIRD AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CDC SSA 16)
THIS THIRD AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
day of c :;: , 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 CDC
Land Investments, Inc., a Florida Corporation ("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 SSA 16 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement ("CDC SSA 16") 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 16 stewardship
credits must be exchanged for development of the Town of Rural Lands West SRA to
November 18, 2017 ("Deadline").
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 s -thfu are deleted(08/28/2017)
3. Paragraph 8 of the Stewardship Sending Area Credit Agreement (CDC SSA
16) 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. Two
thousand seven hundred and nine tenths (2,700.9) acres of the lands subject to this
Agreement are within a Habitat Stewardship Area (HSA) and one hundred and
sixty three and six tenths (163.6) acres of the lands subject to this Agreement are
within a Flow Way Stewardship Area (FSA) and eight and seven tenths (8.7)
acres of Water Retention Area (WRA) and three (3.0) 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, 2017 November 18, 2020 unless the
CDC SSA 16 Stewardship Credits have been exchanged for the Town of Big
Cypress SRA Town of Rural Lands West SRA, and the Town of Big Cypress
SRA 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 CDC 16 or any SRA.
2. Except as amended herein,the Agreement shall remain in full force and effect.
Signatures appear on the following pages.
Words underlined are added and words stfusk-thru are deleted(08/28/2017)
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 O' TY COMMISSIONERS
COLLIER '( �, Y, FLORIDA
By: /
Penny Taylor airwome
ATTEST:
DWIGHT E. BROe', Clerk
Attest as to Chairman's
signature only.
APPROVED as to Form and
Legal sufficiency:
Hei i Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
Words underlined are added and words seek-thfu are deleted(08/28/2017)
WITNESS:
CDC Land Investments, Inc.
(Signature) a Florida Corporation
574,0
(Print full name) ( By: ' A „/1 -
j Printed Name: PA1Q,«.w L.Utree_
Title: Vic. Q ‘o t'
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed
b fore me this (.o„'" day of evre e'i-- , 2017, by pR°re.J.. , as
,be Q(1,es. r' of CDC Land Investments, Inc., said person being personally know
to me erpradtreedas-itlent-iffeetierts-
0,A.L.:LCA
Notary PNblic
Name: VAUc^Li -C)i
o PRs'I°4e<, Valerie L.Pike
2 c, Notary Public•State of Florida
m�wOFFS.'7 ocs oe Commission#GG 22100
s,F Expires 08/17/2020
Words underlined are added and words strums are deleted(08/28/2017)
Exhibit 2
THIRD AMENDMENT TO
ESCROW AGREEMENT
(CDC SSA 16)
This THIRD,AMENDMENT TO ESCROW AGREEMENT("Amendment")is made as of
the ((p'day of ( fi L i> ,2017 by and between Collier County,a political subdivision of the
State of Florida ("County"), CDC Land Investments, Inc., a Florida Corporation ("CDC"), and
COLEMAN, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent. The County, CDC, and
Escrow Agent are collectively referred to herein as the"Parties".
RECITALS
WHEREAS, Collier County, 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 CDC SSA 16 ("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 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
recording in the public records of Collier County upon presentment of the
following by CDC:
Words are deleted and words added are underlined.(8/28/2017)
a. An approved SRA for the Town of Big Cypress Town of Rural Lands
West SRA which requires the exchange of Stewardship Credits from
CDC SSA 16 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 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, 2017 November 18, 2020, this Escrow Agreement shall
terminate and the original Documents shall be returned to CDC. If a challenge and/or
appeal of a necessary development order,permit or other discretionary approval are
filed, 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
CDC, 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.
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}
Words&truck tint are deleted and words added are underlined.(8/28/2017)
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:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
COL ER COUNTY,CLERK OF CO 'TS
sir
�: By;
Dwight,ta Chairman's Penny Taylo airwome
APPROVED AS'TOtFORM AND
LEGAL SUFFICIENCY:
By: Cit
Heidi Ashton-Cicko, Managing Assistant County Attorney
Signatures continue on the following pages.
Words struek-thru are deleted and words added are underlined.(8/28/2017)
WITNESS: CDC Land Investments, Inc.,
a Florida l
o••ore'on
ig/ - / 1
aitia
)k'a,1 By: .,..t/ i
(Signature) 1..._
Printed Name: • ?A iur...L.l}cre4--
Title: \ (..t. ?a r
fee
(Print full name) (2
(Signature)
Awa c)twE
(Print full riame)STATE OF FLORIDA
COUNTY OF COLLIER
'cr
The foregoing Escrow Agreement was executed before me this day ofi ,
2017,by pt a.<<.a4 L.0 - ,as \ e CrLec.oer of CDC Land Investments,Inc.,
said person being personally know to me af-predkteed a
_______ °ti-5L-'4. Ic ' --,
o PRY Poa� Valerie L. Pike
r .' Notary Public.State of Florida Notary Public o
m� ' Q Commission#GG 22100 Name: Vit-1 i,'iu2 �• ` ►4+E
I l' -•i o' Expires 08/17/2020
oFF� Certificate No. GGZZAOL
My Commission expires: Q-11--7A?.o
ESCROW AGENT:
COLEMAN, YOVANOVICH& KOESTER, P.A.
-1..,1—'D
By: Richard D. Yovanovich, Esq.
Its: v.s.t e,-c>fot.A,4--
Date: 91 )1-1
Words struek-tlini are deleted and words added are underlined.(8/28/2017)