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Agenda 09/10/2013 Item #16A35 Proposed Agenda Changes Board of County Commissioners Meeting September 10,2013 Move Item 16A47 to Item 11F: Recommendation to expedite removal and replacement of approximately 380 feet of collapsing stormwater management system pipe in the Pine Ridge subdivision in an amount not to exceed$100,000,Project Number 60126,and to approve a budget amendment. (Staff's request) Move Item 16A48 to Item 11G: Recommendation to approve Change Order No. 1 to Contract#11-5639 in the amount of$68,500 with TY Lin International,for"Design& Related Services for the Replacement of CR29 Bridge(#030161)over Chokoloskee Bay" for Project No.66066. (Commissioner Henning's request) Continue Item 16D8 to September 24,2013 BCC Meeting: Recommendation to award Bid#13-6103 Design and Installation Bus Wrap Decals to ABC Bus,Inc. (Staff's request) Move Item 16D17 to Item 11H: Recommendation to approve the acceptance of State Housing Initiatives Partnership(SHIP)Program FY 13/14 allocation in the amount of$567,140 and sign the Fiscal Year 2013- 2014 Funding Certification. (Commissioner Fiala's request) Move Item 16A35 to Item 11I: Recommendation to adopt a Resolution amending Resolution 2008-331, relating to the Stewardship Sending Area with a designation as "CDC SSA 14"; approving the extension of certain dates to November 18, 2023 in the Stewardship Sending Area credit agreement for CDC SSA 14 and the Escrow agreement for CDC SSA 14. (Commissioner Nance's request) Move Item 16A36 to Item 11J: Recommendation to adopt a Resolution amending Resolution 2008- 329, relating to the Stewardship Sending Area with a designation as"CDC SSA 15"; approving the extension of certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 15 and the Escrow agreement for CDC SSA 15. (Commissioner Nance's request) Move Item 16A37 to Item 11K: Recommendation to adopt a Resolution amending Resolution 2008-330, relating to the Stewardship Sending Area with a designation as"CDC SSA 16"; approving the extension of certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 16 and the Escrow agreement for CDC SSA 16. (Commissioner Nance's request) Note: Item 16A24 should read: Recommendation to request that the Florida Department of Transportation (FDOT)erect destination guide signs on Interstate 75(1-75)at Exit 101 (Collier Boulevard)and-at t-1-O-5 (Golden Cate-Parkway)designating the community of East Naples. Items 16A35, 16A36 and 16A37: relating to amending Resolutions 2008-329,2008-330, and 2008-331 to extend dates in CDC SSA 14,CDC SSA 15 and CDC SSA 16: the last sentence of the resolutions should read: This Resolution adopted after motion,second and majority vote,this _day of ,2013. (County Attorney's office request) Time Certain Items Item 11A to be heard at 10:00 a.m. Item 11B to be heard at 10:45 a.m. 9/10/2013 9:15 AM 9/10/2013 16.A.35. EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending Resolution 2008-331,relating to the Stewardship Sending Area with a designation as "CDC SSA 14"; approving the extension of certain dates to November 18, 2023 in the Stewardship Sending Area credit agreement for CDC SSA 14 and the Escrow agreement for CDC SSA 14. OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to amend Resolution 2008-331, which established Stewardship Sending Area (SSA) Fourteen conditionally for a five-year period, to allow for that conditional period to be extended for an additional ten years to November 18, 2023. If the extension is not approved, SSA 14 will expire on November 18, 2013. 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 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 "CDC SSA 14", approved a credit agreement for CDC SSA 14, approved an easement agreement for CDC 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. In the interim, the applicant recorded, in the public records, a notice of interim restrictions. The creation of the Stewardship Receiving Area (SRA) for the Towr. of Big Cypress has been delayed due to the prolongec economic recession and the attached Resolution would amend the existing credit and escrov agreement to extend the SSA an additional ten years until November 18, 2023. 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 Packet Page -633- 9/10/2013 16.A.35. 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 14 is designed to utilize the stewardship credits from this SSA to partially enable the development of the proposed Town of Big Cypress SRA. Accordingly, the applicant for SSA 14 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. -HFAC STAFF RECOMMENDATION: That the Board adopts the resolution amending the Escrow agreement and the Credit agreement for SSA #14, extend those agreement conditionally for an additional ten years and accept the amended notice of restrictions. Prepared by: Mike Bosi,AICP, Director, Department of Planning and Zoning Services Attachments: Exhibit"A"—Resolution and Agreements; Exhibit"B"Amendment to Land Use Limitations Packet Page -634- 9/10/2013 16.A.35. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.35. Item Summary: Recommendation to adopt a Resolution amending Resolution 2008-331, relating to the Stewardship Sending Area with a designation as "CDC SSA 14"; approving the extension of certain dates to November 18, 2023 in the Stewardship Sending Area credit agreement for CDC SSA 14 and the Escrow agreement for CDC SSA 14. Meeting Date: 9/10/2013 Prepared By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning 8/12/2013 2:28:57 PM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 8/20/2013 4:50:54 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 8/21/2013 4:02:19 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/22/2013 7:56:04 AM Name: KlatzkowJeff Title: County Attorney Date: 8/23/2013 4:20:29 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/26/2013 3:45:49 PM Name: KlatzkowJeff Title: County Attorney Packet Page -635- 9/10/2013 16.A.35. Date: 8/27/2013 11:18:51 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 8/27/2013 3:56:10 PM Packet Page -636- 9/10/2013 16.A.35. RESOLUTION NO. 2013- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 2008- 331, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CLH SSA 14"; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2023 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE ESCROW AGREEMENT FOR CLH SSA 14. WHEREAS, on November 18, 2008, 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, Inc.; and WHEREAS, Collier Land Holdings, Inc., represented by Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to November 18, 2023 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 first amendment to the Stewardship Credit Agreement for CLH SSA 14, attached hereto as Exhibit 1, is hereby approved. 2. The first amendment to the Escrow Agreement for CLH SSA 14, attached hereto as Exhibit 2, is hereby approved. This Resolution adopted after motion, second and super-majority vote, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman 8/05/13 1 of 2 Packet Page -637- 9/10/2013 16.A.35. Afe Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit 1 -Amendment to Stewardship Credit Agreement for CLH SSA14 Exhibit 2 -Amendment to Escrow Agreement for CLH SSA 14 CP113-CPS-O 1236\3 8/05/13 2 of 2 Packet Page-638- 9/10/2013 16.A.35. EXHIBIT I FIRST AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (CLH SSA 14) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this q+h day of .A , 2013, by and between COLLIER COUNTY, a political subdivision of the Sta 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, due to the change in economic conditions in the State of Florida, the review and approval of the Town of Big Cypress 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: I i 1. 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 or 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 1 Words underlined are added and words struck thru are deleted. Packet Page -639- 9/10/2013 16.A.35. Agow 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 18,2013 November 18. 2023 unless the CLH SSA 14 Stewardship Credits have been exchanged for the Town of Big Cypress SRA, and the Town of Big Cypress 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} 2 Words underlined are added and words stfuek-tiwii are deleted. Packet Page-640- 9/10/2013 16.A.35. 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 By: Georgia A. Hiller, Esq., Chairwomen ATTEST: DWIGHT E. BROCK, Clerk. By: APPROVED as to Form and Legal sufficiency: Heidi Ashton-Cicko,Assistant County Attome • WITNESS: COLLIER LAND HOLDINGS, LTD. A Florida Limited Partnership By: Collier Enterprises, Inc. a (Signature) Florida Corporation. it's Gener.l 'artn-r/7 (Print full name) By: !LArrll ' �-- Printed Name: P,a.7-11.4c L. ae„..V Title: \ (Signature} (Print full name) STATE OF FLORIDA Words underlined are added and words struck thru are deleted. Packet Page -641- 9/10/2013 16.A.35. COUNTY OF COLLIER The foregoing Amendment to Stewardship Sendin 7 Area Credit Agreement was executed before me this !ice- day of , 2013, by a-( rk L.U-f+was 'le.e. Pre sile_A. - of Collier Enterprises, Inc., the general partner of CDC Land Holdings, Ltd., said person being personally know to me or produced as identification. .!Z • ��yEr-u1� Notary Public Name:" Bn p_►4N N •��C'Arvdf DEBORAH k BROWN tin .= MY COMMISSION I EE 843928 -��— EXPIRES:October 16,2016 e,f kyk" Bonded Thru Notary Public Underwriters • • Amok 4 Packet Page-642- - 9/10/2013 16.A.35.— LU FIRST AMENDMENT TO ESCROW AGREEMENT (CLH SSA 14) This AMENDMENT TO ESCROW AGREEMENT is made as of the crth day of , 2013 by and between Collier County, a political subdivision of the State of Flo 'da ("County"), Collier Land Holdings, Ltd., a Florida Iimited partnership ("CLH") and COLEMAN, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent"), as successor to Goodlette, Coleman,Johnson, Yovanovich&Koester, P.A. RECITALS WHEREAS, Collier County, Collier Land Holdings and Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. entered into an Escrow Agreement on November 18, 2008 pertaining to the Stewardship Sending Area designated as CLH SSA 14;and WHEREAS, COLEMAN, YOVANOVICH & KOESTER, P.A. is the successor in interest to Goodlette, Coleman,Johnson, Yovanovich&Koester, P.A.; and WHEREAS, due to the change in economic conditions in the State of Florida the Town of Big Cypress SRA has been delayed and the parties wish to amend the Escrow Agreement dated November 18, 2008 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 CLH: a. An approved SRA for the Town of Big Cypress 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 local, state and federal permits other than a plat, site development plan or building permit, necessary to construct the Town of Big Cypress consistent with the provisions of Section 4.08.07 of the Collier County Land Development Code; and 1 Words struck-thru are deleted and words added are underlined. Packet Page -643- 9/10/2013 16.A.35.- In the event the approvals referenced above in the recitals are not delivered to the Escrow Agent on or before November 18, 2013 November 18, 2023, 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 is 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. • 3. Paragraph 10 of the Escrow Agreement is amended in its entirety to read as follows: Representation: The County acknowledges and agrees that 6,00141.E COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. represents CLH and may continue to do so while serving as Escrow Agent and notwithstanding any present or future dispute arising under this Agreement. The parties do not object to such services by GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. as Escrow Agent and such representation of CLH by GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH Q• KQESTED P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. in this and other matters, and agree that such service and such representation does not adversely affect the independent professional judgment of GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN. YOVANOVICH & KOESTER, P.A. on behalf of any such party or the ability of GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER,P.A.to adequately represent the interest of any such party. 4. Except as amended herein, the Escrow Agreement dated November 18, 2008 remains in full force and effect. 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} otooks 2 Words struck-t#ru are deleted and words added are underlined. Packet Page -644- .........._.___- 9/10/2013 16.A.35. 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 By: By: Georgia A. Hiller, Esq., Chairwomen APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: sk Heidi Ashton-Cicko, Assistant County Attorney WITNESS: COLLIER LAND HOLDINGS, LTD. A Florida Limited Partnership By: Collier Enterprises, Inc. a (Signature) I Florida Corporation, / it's Genera Partner dot k „ i9hu.vz (Print full name) Printed Name: ? rte.ic L. J!r _ Title: c e �rest.1 (Signature) { (Print full name) Packet Page -645- 9/10/2013 16.A.35. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Escrow Agreement was executed before me this gilt day of a 2013, by-PR.riN ak L. L16e+- , as V./a& f rrs ol,-,j of Collier EnterpAses, Inc., the general partner of Collier Land Holdings, Ltd., said person being personally knovatto me,or produced as identification. MY� a SSI E Notary Public COWA ON#E 843929 74-b;....--4.= EXPIRES:October 16,2016 Nam e: etu ie14-tf- 4. Rn u)+t1 ?„p th`P Bonded Nu Notary Public underen tors Certificate No. C E I LI,3 4 0 My Commission expires: io -tr. -A.ar3 ESCROW AGENT: COLEMAN, YOVANOVICH & KOESTER, P.A. By: Richard . Yovanovich.Esq. Its: V' %-e (".s Date: S1(1111 Amok Packet Page-646- 9/10/2013 16.A.35. FIRST AMENDMENT TO NOTICE OF INTERIM LAND USE LIMITATIONS (CLH SSA 14) This AMENDMENT TO NOTICE OF INTERIM LAND USE RESTRICTIONS is made as of the g-14,-, day of k uS� , 201.3 Collier Land Holdings, Ltd., a Florida limited partnership ('`CLH''). RECITALS WHEREAS,On November 18, 2008, Collier County and CLH entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and an Escrow Agreement (collectively, "SSA Agreements")pertaining to the Stewardship Sending Area designated as CLH SSA 14: and WHEREAS,in accordance with the SSA Agreements.CLH agreed to the elimination of land uses layers and implementation of land use management measures during the term of the Escrow Agreement; and WHEREAS, CLH recorded a Notice of Interim Land Use Limitations in OR Book 4457, Page 1896 of the Public Records of Collier County: and WHEREAS, CDC desires to amend the Notice of Interim Land Use Restrictions. NOW THEREFORE, CDC provides notice of the following changes: 1. Section 4 of Exhibit B is hereby amended to read as follows: 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(HS A)and one thousand forty eight and two tenths(4.048.2)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 u the contrary,this Agreement and the Stewardship easement shall terminate on+N-t--t44:T --1-r-, 2013 1 8. 2023 unless the CLH SSA 14 Stewardship Credits have been exchanged for the Town of Big Cypress SRA, and the Town of Big Cypress 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 Words stuck thru are deleted and words underlined are added. Packet Page-647- 9/10/2013 16.A.35. 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 Notice of Interim Land Use Limitations recorded in OR Book 4457, pages 1896 through 1902 remains in full force and affect. 3. This Amendment shall be recorded in the Public Records of Collier County. Florida. {Remainder of Page Intentionally Left Blank} IN WITNESS WHEREOF, the parties hereto have executed this Notice of Interim Land Use Words Muck thru are deleted and words underlined are added. Packet Page -648- 9/10/2013 16.A.35. IN WITNESS WHEREOF,the parties hereto have executed this Notice of Interim Land Use Limitations by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. WITNESS: COLLIER LAND HOLDINGS, LTD. A Florida Limited Partnership By Collier Enterprises, Inc. a (Signature) Florida Corporation, it's General Partner By. — , (Print full name) Printed Name: sa-rfc.*C M L. u. v Title: v Lam.Rp. r t�c"1/4; 1 (Signature) 4 . . t, (Print fill name) l STATE OF FLORIDA COUNTY OF COLLIER The foregoing Notice of Interim Land Use Limitations was executed before me this day of t.e—o-Na.e_s` 2013. by e-roz. ek L. CA+ -e' , as `\,)iec.e._—t2esraci■JT of Collier Enterprises,Inc..the general partner of Collier Land Holdings,Ltd.,said person being personally know to me or produced as identification. t` D€BOfAFlaBROWN Not Public .• .4 MY COMMISSION t EE 843929 Name 8012ai1 A -6P-D,A)10 EXPIRES:October 16,2016 _ -4: Y"td' Bonded Thru Notary Public UnOe wdtets Certificate N o. C=-- V rf rJ My Commission expires: is //cam Jarr 3 Packet Page -649-