Backup Documents 09/10/2013 Item #11J ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 J
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception
of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to the BCC Office(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Mike Bosi GMD Planning & Zoning mv6 9-9/2013
Services Dept.
2. Heidi Ashton-Cicko, Managing Collier County Attorney
Assistant County Attorney Office C., ck\-2_ �`�
3.
4.
5 . ' :: - - '•- - '•- • - Board of County G .
-BCC-Of€iee Commissioners
VI\ :// \a-il
6. Minutes and Records Clerk of Court's Office QI i3 I ,,'k'a
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the Executive
Summary. Primary contact information is needed in the event one of the addressees above,including Kristi Bartlett,needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are,to be delivered to the BCC office only after the BCC has acted to approve the item.)
Name of Primary Staff Mike Bosi ...Tv-es\\FG Phone Number 252-6819
Contact am\ JS\q\
Agenda Date Item was 9-10,2013 /h Agenda Item Number 11J
Approved by the BCC
Type of Document Resolution .. &\'�` .Sa Number of Original 1
Attached "aDo 2. $%- '32.°\ Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the BCC office within 24 hours of BCC approval. Some documents
are time sensitive and require forwarding to Tallahassee wi in a certain time frame or the
BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 9/10 /2013 (enter date)and all x
changes made during the meeting have been incorporated in the attached docume . , \(
The County Attorney's Office has reviewed the changes,if applicable. Y�®
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MEMORANDUM
Date: October 1, 2013
To: Mike Bosi, Planning & Zoning Director
Comprehensive Planning Department
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2013-200: Approving the extension of certain dates
to November 18, 2014 in the Stewardship Sending Area Credit
and Escrow Agreements for CDC SSA 15
Attached for your records is a copy of the resolution referenced above, (Item #11J)
adopted by the Board of County Commissioners on September 10, 2013.
The Minutes and Record's Department has held the original copy for the Board's
Official Record.
Thank you.
Attachment
1 1 J
RESOLUTION NO. 2013-20 0
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, 2014 IN THE STEWARDSHIP SENDING AREA
CREDIT AGREEMENT FOR CLH AND CDC SSA 15 AND THE
ESCROW AGREEMENT FOR CLH AND CDC SSA 15.
WHEREAS, on November 18, 2008, 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, Inc. and CDC Land Investments, Inc.; and
WHEREAS, Collier Land Holdings, Inc. and CDC Land Investments, Inc., represented
by Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA, has requested an
extension to certain time frames to November 18, 2014 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 first amendment to the Stewardship Credit Agreement for CLH and CDC SSA
15, attached hereto as Exhibit 1, is hereby approved.
2. The first amendment to the Escrow Agreement for CLH and CDC SSA 15, attached
hereto as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this /U day of
�2P cc‘oh-C,r , 2013.
ATTEST:- BOARD OF 0 � T CO ISSIONERS
DWIGHT E:$11.GCK, CLERK COLLIER !OUN Y, LO DA
By 'rL.,►�_ �,� • By
Attes.1 , GEO VA Av. HI LER, ESQ.
Chairwoman
'signature only.
9/16/13 1 of 2
I 1 j
Approved as to form and legality:
/7 OD
H 'di Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 -Amendment to Stewardship Credit Agreement for CLH and CDC SSA 15
Exhibit 2 - Amendment to Escrow Agreement for CLH and CDC SSA 15
CP\13-CPS-01236\6
Item* I S
Date 61.-01
Date Cf.-3D'l3
Recd
fartifp
9/16/13 2 of 2
CA
1 1 J 1 EXHIBIT
ii.
FIRST AMENDEMNT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH and CDC SSA 15)
THIS AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Amendment") is made and entered into this
10th day of September, 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 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 CLH and CDC 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, 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 (CLH and CDC 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
Words underlined are added and words are deleted.
CA
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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, 2014
unless the CLH and CDC SSA 15 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 and CDC 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}
2
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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 C fi Y 1 OMMIS:IONERS
COLLIER CO T , F Ii OR D
By:
� l
- _
Georgia A. Hiller, Esq., Chairwoman
ATTEST:
DWIGHT B.BR,OCK, Clerk
ByaP t A.A.A A
-rMtest asto
,signature on
APPROVED as to•Form and
Legal sufficiefcy:
CtL")
Heidi Ashton-Cicko, Assistant County Attorney
WITNESS: 45 i1 fbOT1-H Si or 12 F3 COLLIER LAND HOLDINGS, LTD.
A Florida Limited Partnership
D 1/4t. ''' ' By: Collier Enterprises, Inc. a
(Signature) Florida Corporation,
Oar It's General Partner
L (<, e—cx.r I C-1,\
(Print full name) By: /6( tt �4 I
L-
�, Printed Name: -{fir- }-ic,u. L. Ix itw
tom h s. c.– Title: Tire3Lof
(Signature)
(Print full name)
Words underlined are added and words struck thru are deleted.
1 ;L,
CDC Land Investments, LLC
(Signature) a Florida Limited Liability Company
By: CDC Land Investments, I ., its manager
j 2- ■ ■ l
(Print full name) By: ( " •► ,iv Printed Name: ar-I-riak L. L -+eN,
Title: \c e. . -Pre S{cl.z.--- —
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sending Area Credit Agreement was executed before me
this 10+1.-day of f-:_)e4,-Ve.,-,•--b env 2013, by a-*', ,C,k. -. Ik}-{-c-,, as \..e t Rre t 4.4.-jr-
of CDC Land Investments, Inc., manager of CDC Land Investments, LLC, said person personally
known to me or produced as identification.
tip" DEBORAFI A BROWN /A� - ' _ •L
F.: am ir`'__ MY COOAMISSION it EE 843929 Nota Public
.- EXPIRES:October 16,2016 (� �y
?,;(0 Balled rnru Notary Public Underwriters Name: �c-lo crd-l.- •+i t3 R-o uu 1,1
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Amendment to Stewardship Sendin Area Credit Agreement was executed before me
this 10+'-day of .5,p*c ce v , 2013, by �1.ek I... L ke,v, as \)ie.e_,'-gris ide�-
of Collier Enterprises, Inc., it's partner of Collier Land Holdings,LTD.,....,..............„6- . /.„„:.--t,.„....„._
"",, DEBORAHA.BROWN Nota Public
le ah -. MY COMMISSION#EE843929 Name: e�oo-ra.v., A • rocsJY�
I. EXPIR6,2016
ty„•1 Bonded Thru ES:October 1 Notary Public Underwriters
4
EXHIBIT
2
FIRST AMENDMENT TO
ESCROW AGREEMENT
(CLH and CDC SSA 15)
This AMENDMENT TO ESCROW AGREEMENT is made as of the 10th day of
September, 2013 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"), 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 and CDC SSA 15; 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 in its entirety 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 and CDC:
a. An approved SRA for the Town of Big Cypress 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
Town of Big Cypress consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code; and
Words StRICA-thr-tt are deleted and words added are underlined.
(�o
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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, 2014, 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.
3. Paragraph 10 of the Escrow Agreement is amended in its entirety to read as follows:
Representation: The County acknowledges and agrees that GOODLETTE,
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
GOOLDETTE,COLEMAN, JONSON, YOVANOVICH & KOESTER,
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 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 struck thru are deleted and words added are underlined.
CA
liji
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: tuyi zpvti... E. Z✓o -e.'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR DA
COLLLFI COUNTY6CLERK OF COURTS
By: " 'V ' f ft " By
Attest ., o"c 'g,
h Georgia A. Hiller, Esq., Chairwomen
`gignatur .. , ',
APPROVED ARV) FORM AND
LEGAL S FFICIENCY: C!&
By: L1 pt; I
Heidi Ashton-Cicko, Assistant County Attorney
WITNESS:
COLLIER LAND HOLDINGS, LTD.
A Florida Limited Partnership
CI
)-`c- - 'n — By: Collier Enterprises, Inc. a
(Signature) Florida Corporation, its General Partner
1„,I I
(-1-6.- f z i (:), (,, c.,,cx_11 n I,c / _
By: i,A
(Print full name) Printed Name: --Fv-.cti t,. U.A-k-e._v
c7‘ Ti`/
tle: NC«, -P.r,",i,„sir
(Signature)
\,/,--- CDC Land Investments, LLC
'\ 6 X/c! U'e,e4 A Florida Limited Liability Company
(Print full name) By: CDC Land Investment, Inc., its
manager
By: t iiii
Printed Name: Le.._ L. -c,v,
Title: \f.s6:e z.1.,e_..c--
3
Words struck thru are deleted and words added are underlined.
41110
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this b'k-- day of
Setcsk-e4,‘.,b.e.-v , 2013, by , as V tee ,1`„- of Collier
Enterprises, Inc., General Partner of Collier Land Holdings, LTD, said person being
personally known to me or produced as identification.
DEBORAH A BFi01Md
c`,�+= MY COMMISSION#EE 843929 Nota y Public
g EXPIRES:October 16,2016
4pf;itQ` Bonded Thru Notary Public underwriters Name: •
Certificate No. G t✓ gA{..3 q
My Commission expires: lop t (�
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this I o11-`day of
�e tort -J -✓ , 2013, by 1a+r L e (-. L&+f-e.c as ril:t - of CDC
Land Investments, Inc., the manager of CDC Land Investments, Inc., the manager of CDC
Land Investments, LLC., said Berson bein. sersonall know to me or
produced as identification.
DEeoRAH
' n.t3RaIuN
ZA: :.� MY COMMISSION#EE 843929 otary Public
••-%„=.;Q EXPIRES:October 16,2016 Name:-D e_b
,'�Rf;Q: Bonded Thru Notary Public Underwriters
Certificate No. EE. T4-39 2-9
My Commission expires: to / 14 ` .o !,3
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its: N
Date: q�'�I►3
Words struck thru are deleted and words added are underlined.
S