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Agenda 09/10/2013 Item #16A37 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 111: 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-E*it 105 (Golden Cate-Pawkway)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 9:16 AM 9/10/2013 16.A.37. EXECUTIVE SUMMARY 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. OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to amend Resolution 2008-330, which established Stewardship Sending Area (SSA) Sixteen 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 15 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 2008-330, which designated 2,876.2 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "CDC SSA 16", approved a credit agreement for CDC SSA 16, approved an easement agreement for CDC SSA 16, 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 Town of Big Cypress has been delayed due to the prolonged economic recession and the attached Resolution would amend the existing credit and escrow 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 -668- 9/10/2013 16.A.37. 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 16 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 16 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 #16, 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 -669- 9/10/2013 16.A.37. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.37. Item Summary: 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. Meeting Date: 9/10/2013 Prepared By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning 8/12/2013 2:46:38 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 8/20/2013 4:51:55 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 8/21/2013 4:02:28 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/22/2013 7:56:12 AM Name: KlatzkowJeff Title: County Attorney Date: 8/23/2013 4:20:45 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/26/2013 3:57:01 PM Name: KlatzkowJeff Title: County Attorney Packet Page -670- 9/10/2013 16.A.37. Date: 8/27/2013 11:19:19 AM ANINIk Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 8/27/2013 5:01:35 PM Packet Page -671- 9/10/2013 16.A.37. RESOLUTION NO. 2013- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 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. WHEREAS, on November 18, 2008, 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 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 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 first amendment to the Stewardship Credit Agreement for CDC SSA 16, attached hereto as Exhibit 1, is hereby approved. 2. The first amendment to the Escrow Agreement for CDC SSA 16, 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. BROCIJ. CLERI: COLLIER COUNTY. FLORID!. By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman 8/05/13 1 of 2 Packet Page-672- 9/10/2013 16.A.37. Approved as to form and legality: Amok Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit 1 -Amendment to Stewardship Credit Agreement for CDC SSA16 Exhibit 2 - Amendment to Escrow Agreement for CDC SSA 16 CP\13-CPS-01236\7 Amok 8/05/13 2 of 2 Packet Page -673- 9/10/2013 16.A.37. GAB KIWI FIRST AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (CDC SSA 16) THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this 6111' day of - \ug t , 2013, 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 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 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, 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: 1. 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 no seek or request. and the County shall not grant or approve, any increase ir 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 1 Words underlined are added and words struck thru are deleted. Packet Page-674- .._.__....... -- -- 9/10/2013 16.A.37. 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, 2013 November 18, 2023 unless the CDC SSA 16 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 CDC SSA 16 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 stFuel,,--dtpa are deleted. Atikok Packet Page -675- 9/10/2013 16.A.37. 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 Attorney WITNESS: CDC LAND INVESTMENTS, INC. A Florida Corporation By: (Signature) Printed Name: A-7--R, 4}.1- / Title: \it C_ff ?r 1.e--o, (Print full name) (Signature) (Print full name) Words underlined are added and words struck thru are deleted. Packet Page-676- 9/10/2013 16.A.37. Amok , STATE OF FLORIDA COUNTY OF COLLIER The f_ .oreooing Amendment to Stewardship Sending Area Credit Agreement was executed before me this day of A�c .�s,- , 2013, by 19-ro2.ck L. Le+fav, as \AEG T3es,otQ..ki- of CDC Land Investments, Inc., said person being personally known to me or produced as identification. 44,441.4...eLki LAC •4°-s"-+._ :�^'. DEBORAH A BROWN Notary Public tai; MY COMMISSION i EE 843929 �� w J ' 3 s EXPIRES:October 16,2016 Name Q b104w id `%;p�tir Bonded Thru Notary Pubic Underwriters Amok 4 Packet Page-677- 9/10/2013 16.A.37.- EXHIBIT FIRST AMENDMENT TO ESCROW AGREEMENT (CDC SSA 16) This AMENDMENT TO ESCROW AGREEMENT is made as of the Cf-ih day of , 2013 by and between Collier County, a political subdivision of the State of Flori a ("County"), CDC Land Investments, Inc., a Florida corporation ("CDC") and COLEMAN, YOVANOVICH & KOESTER,P.A.,(the"Escrow Agent"). 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 CDC SSA 16; 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 CDC: a. An approved SRA for the Town of Big Cypress which requires the exchange of Stewardship Credits from CDC SSA 16 for the additional residential and non-residential entitlements; and c. 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 underlined are added and words sl4-th u are deleted. Packet Page -678- -- 9/10/2013 16.A.37. 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 CDC. If a challenge and/or appeal of a necessary development order, permit or other discretionary approval is 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. 3. Paragraph 10 of the Escrow Agreement is amended in its entirety to read as follows: Representation: The County acknowledges and agrees that , COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOESTER, P.A. represents CDC 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 CDC by .. . _ w _ . _ . ._.. .. * . r 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 COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. COLEMAN, YOVANOVICH & KOES IER, P.A. on behalf of any such party or the ability of GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, F.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} 2 Words underlined are added and words st ru are deleted. Packet Page -679- 9/10/2013 16.A.37. 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: .-i Heidi Ashton-Cicko, Assistant County Attorney WITNESS: CDC Land Investments, Inc. A Florida Corporation �� Ij) ��'-�� By: r..�L� .� it v (Signature) Printed Name: Arid r CA. L• i.� Title: \ctce.:Rc- s i be u (Print full.name) (Signature) /ft (Print full name) Packet Page -680- 9/10/2013 16.A.37. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Escrow Agreement was executedlbfore me this y' day of tcYs� 2013,by A e1ex L. (Aft wit ,as U L t i~ +72.est of 0-of CDC Land Investor tts,Inc., said person being personally known to me 2Lproduced as identification. DEBORAH ABROWN of ry Public ■r � ;.? MY COMM # .�� EXPIRES:ISS OctobION er EE 16843929,20196 Name: „3fikAi a , , i'dvit) Bonded T ru Notary Public Undatwriters Certificate No. Ei= S 4.3 qz 9 My Commission expires: lo - t a -ac, • ESCROW AGENT: COLEMAN, YOVANOVICH & KOESTER, P.A. By: RicharAI D. Yovanovich, Esq. Its: v•u Date: 8\91,1 Packet Page -681- 9/10/2013 16.A.37. FIRST AMENDMENT TO NOTICE OF INTERIM LAND USE LIMITATIONS (CDC SSA 16) This AMENDMENT TO NOTICE OF INTERIM LAND USE RESTRICTIONS is made as of the 9'01 day of Av.tls t- . 2013 by CDC Land Investments, Inc., a Florida Corporation ("CDC"). RECITALS WHEREAS, On November 18, 2008. Collier County and CDC entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement and Escrow Agreement (collectively "SSA Agreements") 2008 pertaining to the Stewardship Sending Area designated as CDC SSA 16: and WHEREAS, in accordance with the SSA Agreements, CDC agreed to the elimination of land use layers and implementation of land use management measures during the term of the Escrow Agreement; and WHEREAS, CDC recorded a Notice of Interim Land Use Limitations in OR Book 4457, Page 1921 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. 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 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 arc designated as open 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 it violation of Sections 4.08.06 A.2 and thereafter gram or approve any exnansion o; conversion of agricultural land uses. Notwithstanding any condition herein to the contrary, this Agreement and the Stewardship easement shall terminate on No vel ri re.- 1-8._-2043 November" 18.20`'3 unless the CDC SSA 16 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 Words stuck thru are deleted and words underlined are added. Packet Page -682- 9/10/2013 16.A.37. 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 SSA 16 or any SRA. 3. Except as amended herein,the Notice of Interim Land Use Limitations recorded in OR Book 4457, pages 1921 through 1929 remains in full force and affect. 4. 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 Amendment Escrow Words stuck thru are deleted and words underlined are added. Packet Page -683- 9/10/2013 16.A.37. 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. WITNESS: CDC LAND INVESTMENTS, INC. A Florida Corporation f' _ I,, (Signature) Printed Name: Ar kJ c-i- L.-• Lt t Title: (Print full name) (Signature) 121:444-'e,/ (Print full name) 'r STATE OF FLORIDA COUNTY OF COLLIER The foregoing Notice of Interim Land Use Limitations was executed before me this Q day of • f ,2013,b} , '1Ztc,IC- L. a+/- .as \%t yes itze0-11- of CDC Land Inves ents, Inc.. said person being personally known to me or produced as identification. Notary Public 4"= DEBORAH A.BROWN Name:. tr >C,a `f A. j iw *. ilk 1.!, MY COMMISSION#EE 843929 EXPIRES:October 16,2016 Certificate No. L E. 8 3qa5 '„pd :R Bonded Thw Notary Pubic Undetwttters My Commission expires: 3 Packet Page -684-