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Agenda 03/10/2015 Item #16A 8 3/10/2015 16.A.8. EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending Resolution 2014-37, which amended Resolution 2009-58, relating to the Stewardship Sending Area (SSA) with a designation as "SSA 10"; approving the extension of certain dates to March 10, 2018 in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for SSA 10. OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to amend Resolution 2014-37, which amended Resolution 2009-58, which established Stewardship Sending Area(SSA) Ten conditionally for a five-year period, to allow for that conditional period to be extended for an additional three years to March 10, 2018. If the extension is not approved, SSA 10 will expire on March 10, 2015. 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. CONSIDERATIONS: On March 10, 2009, the Board during an advertised public hearing adopted Resolution 2009-58, which designated 5,869± acres in the Rural Lands Stewardship Area (RLSA) Overlay as "SSA 10", approved a credit agreement for SSA 10, approved an easement agreement for SSA 10, approved an escrow agreement, and established the number of Stewardship Credits generated by the designation of said Stewardship Sending Area. Following the Board's approval of SSA #10, the applicant has held the easement in escrow and intends to record the easement when all permits and authorizations had been obtained for the Baron Collier Stewardship Receiving Area(SRA), which was to occur by March 10, 2014, or the SSA Credit Agreement and Stewardship Easement Agreement were to be null and void. At the February 25, 2014 BCC Public Hearing, the Board adopted Resolution 2014-37, which extended the conditional period for SSA 10 an additional year to March 10, 2015. The applicant has indicates that the utilization of the credits associated with the SSA 10 has been delayed due to the prolonged economic recession. The applicant has maintained the same justification with the current application and seeks to extend SSA 10 for an additional three-years. The attached Resolution would amend the existing credit agreement to extend the SSA an additional three- years until March 10, 2018. In the interim, the applicant recorded, in the public records, a notice of interim restrictions. The request is to extend that conditional period an additional three-years. Packet Page-480- 3/10/2015 16.A.8. 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 Stewardship Area Zoning Overlay. SSA 10 is designed to utilize the stewardship credits from this SSA to partially enable a future SRA. Accordingly, the applicant for SSA 10 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. LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is needed for Board approval. - SS STAFF RECOMMENDATION: That the Board adopts the resolution amending the Credit and Escrow agreements for SSA #10, extending that agreements conditionally for an additional three-years and accept the amended Notice of Interim Land Use Limitations, which the owner shall record in the public records of Collier County. Prepared by: Mike Bosi,AICP, Director, Department of Planning and Zoning Services Attachments: Exhibit"A"—Resolution and Agreements Exhibit"B"Notice of Interim Land Use Limitations Packet Page -481- 3/10/2015 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to adopt a Resolution amending Resolution 2014-37, which amended Resolution 2009-58, relating to the Stewardship Sending Area (SSA) with a designation as "SSA 10";approving the extension of certain dates to March 10, 2018 in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for SSA 10. Meeting Date: 3/10/2015 Prepared By Name:BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning 2/11/2015 4:42:51 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 2/12/2015 4:46:10 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/25/2015 9:16:55 AM Name: StoneScott Title:Assistant County Attorney, CAO Land Use/Transportation Date: 3/2/2015 8:12:08 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/2/2015 8:48:45 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/2/2015 9:16:35 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/2/2015 4:39:54 PM Packet Page-482- 3/10/2015 16.A.8. RESOLUTION NO. 2015- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2009-58, AS AMENDED BY RESOLUTION 2014-37, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCIBCP SSA 10"; APPROVING THE EXTENSION OF CERTAIN DATES TO MARCH 10, 2018 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR BCIBCP SSA 10. WHEREAS, on March 10, 2009, the Board of County Commissioners created a Stewardship Sending Area with a designation of "BCIBCP SSA 10" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement with Barron Collier Investments, Ltd. and Barron Collier Partnership LLLP; and WHEREAS, Barron Collier Partnership LLLP is successor by merger to Barron Collier Investments, Ltd. by Articles of Merger recorded on January 6, 2014 in Official Record Book 4998,Page 865, of the Public Records of Collier County, Florida; and WHEREAS, on February 25, 2014, the Board of County Commissioners adopted Resolution 2014-37 to approve the extension of certain time frames to March 10, 2015 in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for BCI/BCP SSA 10; and WHEREAS, Barron Collier Partnership LLLP has requested a second extension of certain time frames to March 10, 2018 in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for BCI/BCP SSA 10; 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 Sending Area Credit Agreement for BCIBCP SSA 10, attached hereto as Exhibit"A", is hereby approved. 2. The Second Amendment to the Escrow Agreement for BCI/BCP SSA 10, attached hereto as Exhibit"B", is hereby approved. This Resolution adopted after motion, second and majority vote, this day of , 2015. [15-CMP-00942/1156107/1] 1 of 2 2/24/15 Packet Page -483- 3/10/2015 16.A.8. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Approved as to form and legality: )L. -/1'i/i Scott A. Stone Assistant County Attorney Attachments: Exhibit A— Second Amendment to Stewardship Credit Agreement for BCI/BCP SSA 10 Exhibit B —Second Amendment to Escrow Agreement for BCI/BCP SSA 10 [15-CMP-00942/1156107/1] 2 of 2 2/24/15 Packet Page-484- CAC Exhibit A 3/10/2015 16.A.8. SECOND AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCUBCP SSA 10) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CRFnTT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into as of this day of 2015, 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, successor by merger to Barron Collier Investments, Ltd., a Florida limited partnership, 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, hereinafter referred to as"Owner", whose mailing addresses are 2600 Golden Gate Parkway,Naples, Florida 34105, for the purpose of extending certain dates. WI'TNESSETH: WHEREAS, the Owner and the County reviewed a SSA Designation Application filed with the County on March 8,2007,for the BCUBCP SSA 10 land;and WHEREAS, the County and the Owner entered into a Stewardship Sending Area Credit Agreement("BCT/BCP SSA 10") on March 10, 2009("Agreement"); and WHEREAS, on February 25,2014 the County and the Owner entered into a First Amendment to Stewardship Sending Area Credit Agreement for BCT/BCP SSA 10; 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. 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 (BCUBCP SSA 10) is amended to read as follows: 8. 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. Ninety-nine and eight tenths (99.8%)of the lands subject to this Agreement are within an HSA 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 terminate s ) yearn from its effective date on March 10, 201.8 unless the BC1/BCP SSA I O Stewardship Credits have by that date been Words stftiel are deleted and words underlined are added. Packet Page-485- 3/10/2015 16.A.8. 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 BCI/BCP SSA 10 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 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 By: TIM NANCE,CHAIRMAN ATTEST: DWIGHT E.BROCK, Clerk By: ,Deputy Clerk APPROVED as to Form and Legality: A. a/,l/t3 SGoft A. 5tone., Assistant County Attorney Words Amick-04m are deleted and words underlined are added. 2 Packet Page-486- (A( 3/10/2015 16.A.8. Witnesses: Barron Collier Partncrship,LLLP By: Barron Collier Management, LLC General Partner it) By: (Sigp,ature) Bradley Boaz, Chlef FitianciAl Officer Authorized Agent —psuant to a-ir)Jet.— 11/64-71-2 Statement of Authority Recorded in (Prim Name) Official Records Book 5108, Page / 2218, Public Records of Collier County,Florida (Signature) (Print Name) STATE OF FLORIDA ) SS COUNTY OF COLLIER The foregoing instrument was acknowledged before roe this day of , 2015, by BRADLEY BOAZ, Chief Financial Officer pursuant to Statement of Authority Recorded in Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier Management, LLC, General partner of Barron Collier Partnership, LLP, who is personally known to me or who has produced as identification. (SEAL) (Signature of Notary.Public—State of FL) Print Name: s rh\f "111/ .•************* . • • . EE 168902 •:'°,L•eZ1:-/ 'N.,*44 •**** •• *rsc:;;;' i" rT Words s4Fetek--tlar-t4 are deleted and words underlined are added. 3 Packet Page -487- 1 3/10/2015 16.A.8. Witnesses: Barron Collier Partnership,LLLP By: Barron Collier„Ivlanagemenf,TL C General ParThet J 7 [z4 L i 1�'L:L By. �t (Signaru e) Douglas E.Baird,Sr.Vice President /✓ G0 / Authorized Agent pursuant to a/r)?, la- , Statement of Authority Recorded in (Print Name) ' ., Official Records Book 5108, Page f 2218, Public Records of Collier 1/A .; `) /'! ,:///f c"?-4.---- County,Florida (Signature) (.1 A A'U1-/%✓ l1 ,x1 (Print Name) STATE OF FLORIDA ) ) SS COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this 13o day of ---", , 2015, by DOUGLAS E. BAIRD, Senior Vice President pursuant to Statement of Authority Recorded in Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier • Management, LLC, General partner of Barron Collier Partnership, LLP, who is per o,n,lly knoe r to me or who has produced _.. as identification. (SEAL) = -^— - (Signature of li tary Public—State of FL) Print Name: ""*".%-^. k---.4---\..\ -+ $ `.'S`(c.0..1-1‘.1.N.8..4 tp /1,�, �. ;OSIN 1�S r N. * • r.+ :I #EE168902 898011O I IIIS78.0011 j .� .4.S '',ZPt Ic*'Si A ti.'``.} Words struck thru are deleted and words underlined are added. 4 Packet Page-488- =- E:' 3/10/2015 16.A.8. Exhibit B SECOND AMENDMENT TO ESCROW AGREEMENT (BCE/BCP SSA 10) THIS AMENDMENT TO ESCROW AGREEMENT is made as of the day of , 2015, by and between Collier County, a political subdivision of the State of Florida ("County"), BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, successor by merger to Barron Collier Investments, Ltd., a Florida limited partnership, 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, (hereinafter "Owner"), and Cheffy Passidomo, P.A., (the "Escrow Agent"). RECITALS WHEREAS, Collier County, Barron Collier Partnership, LLP, and Barron Collier Investments, Ltd., and Escrow Agent entered into an Escrow Agreement on March 10, 2009, as amended by the First Amendment to Escrow Agreement dated February 25, 2014, pertaining to the Stewardship Sending Area designated as BCI/BCP SSA 10; WHEREAS, due to the change in economic conditions in the State of Florida the Barron Collier SRA has been delayed and the parties wish to amend the Escrow Agreement dated March 10, 2009, as amended by the First Amendment to Escrow Agreement dated February 25, 2014,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 Owner: a. An approved SRA for the Barron Collier SRA which requires the exchange of Stewardship Credits from BCI/BCP SSA 10 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 Words struck 441-Feugh are deleted and words underlined are added. Packet Page -489- 0 3/10/2015 16.A.8. the Barron Collier 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 in the recitals are not delivered to the Escrow Agent on or before March 10, 2014 2018, 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. 3. Except as amended herein, the Escrow Agreement dated March 10, 2009, as amended by the First Amendment to Escrow Agreement dated February 25, 2014, remains in full force and effect. 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 shave the same force and effect as the original. Execution of this Agreement by facsimile shall be treated as an original. (Remainder of Pagd y ieA... Left Blank.) Words struck through are deleted and words underlined are added. Packet Page -490- , 3/10/2015 16.A.8. IN WITNESS WHEREOF,the parties hereto have executed this Second 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 COLLIER COUNTY, FLORIDA COLLIER COUNTY CLERK OF COURTS By: By: Tim Nance, Chairman APPROVED as to Form and Legality: By Scott A. Stone, Assistant County Attorney WITNESSES: ESCROW AGENT: CHEFFY PASSIDOMO, P.A. Printed Name: R. Bruce Anderson Printed Name: Date: Words struck c-t#feugh are deleted and words underlined are added. Packet Page-491- C 3/10/2015 16.A.8. Witnesses: Barron Collier Partnership, LLLP By: Baron Collier Management, LLC General Partner By: (Signature) Bradley Boaz, Chief Financial Officer Authorized Agent pursuant to Statement of Authority recorded in Official Records (Print Name) Book 5108, Page 2218,Public Records of Collier County, Florida (Signature) (Print Name) STATE OF FLORIDA ) ) SS COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this day of February, 2015, by Bradley Boaz, Chief Financial Officer pursuant to Statement of Authority recorded in Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier Management, LLC, General Partner of Barron Collier Partnership, LLLP, who is personally known to me or who has produced as identification. NOTARY SEAL] (Signature of Notary Public—State of Florida) Printed Name: Words stfteak4h-Feugh are deleted and words underlined are added. Packet Page -492- �' 3/10/2015 16.A.8. Witnesses: Barron Collier Partnership, LLLP By: Baron Collier Management, LLC General Partner By: (Signature) Douglas E. Baird, Sr. Vice President Authorized Agent pursuant to Statement of Authority recorded in Official Records (Print Name) Book 5108, Page 2218, Public Records of Collier County, Florida (Signature) (Print Name) STATE OF FLORIDA ) ) SS COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this day of February, 2015, by Douglas E. Baird, Sr. Vice President pursuant to Statement of Authority recorded in Official Records Book 5108, Page 2218, Public Records of Collier County, Florida, of Barron Collier Management, LLC, General Partner of Barron Collier Partnership, LLLP, who is personally known to me or who has produced as identification. [NOTARY SEAL] (Signature of Notary Public—State of Florida) Printed Name: Words struck gh are deleted and words underlined are added. Packet Page-493- �,