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Agenda 11/18/2008 Item #16A13 EXECUTIVE SUMMARY . Agenda Item No. 16A13 November 18, 2008 Page 1 of 60 ~ ,-'- Recommendation to adopt a resolution designating 1,713.5 acres in the Rural Lands Stewardship Area (RLSA) Overlay as Collier Land Holdings Stewardship Sending Area 14 ("CLH SSA 14"), approving a credit agreement for CLH SSA 14, approving an easement agreement for CLH SSA 14, approving an escrow agreement, and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Collier Land Holdings, Ltd. OBJECTIVE: 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. This application by Collier Land Holdings, Ltd. a Florida limited partnership, is a proactive measure to further enhance the environmental value of this area by removing land use layers within Collier Land Holdings CLH SSA 14 (CLH SSA 14). The removal of land use layers would result in the award of 2,515.7 Stewardship Credits upon approval of this SSA. No restoration activities are proposed and, accordingly, no Stewardship Credits will be awarded for - restoration. CONSIDERATIONS: This Designation Application (2007-AR-12490) proposes a Stewardship Sending Area consisting of 1,713.5 acres located in the RLSA. On all 1,713.5 acres (100 percent) land use layers 1-4 would be removed. The legal description has been checked and the acreage verified as correct. The permanent removal of these more intensive land use layers will protect natural resources and agricultural activities as envisioned in the RLSA Overlay, CLH SSA 14 is strategically located within Camp Keais Strand, immediately north of lmmokalee Road, south of Lake Trafford. Camp Keais Strand is connected to Corkscrew Swamp at its northern extent. CLH SSA 14 lies within a landscape that services as habitat and a dispersal corridor for the Florida panther, according to the Corkscrew Regional Ecosystem Watershed website, Of the 1,713.5 acres within CLH SSA 14, 665.2 acres (38.8 percent) are located within a Habitat Stewardship Area (HSA), 1,048.2 acres (61.2 percent) are located within the Camp Keais Strand Flowway Stewardship Area (FSA), and 0.10 acres (0.01 percent) is located within a Water Retention Area (WRA). The Florida Forever Program currently lists this property as "an cssential parcel remaining" under a "Group AlFulI Fee/Less Than Fee" acquisition reflecting its high environmental value. The site also contains numerous listed species including Florida panther, Florida black bear, wading birds, sandhill cranes, and American alligators. Protection of these activities occurs due to lack of competing development represented by any of the land use layers 1-4 on 1,713.5 acres ofland as outlined on the LDC 4.08.06 BA.b Land Use Matrix on the next page. The potential use of Land Use Layers 5-8 on all 1,713.5 acres will remain. - 1 Agenda Item No, 16A13 November 18, 2008 4.08.06 B.4.b Land Use Matrix (P=Pennitted; A=Acccssory; CU= Conditional Use) Page 2 of 60 ~rl) a er2 I Residential General , Land Uses Conditional Uses La er 3 Earth Mining and Processing Uses IExcavatiOn, extraclionor learthmiflingand related processing land production (CU) Single-family Farnty care Idwelting, incl. facilities (P) mobile home (P) I Golf courses and/or golf driving ranges (CU) La er 4 (La er 5 (Layer 6) (Layer 7) (Layer 8) Agriculture Agriculture I Agriculture I' Conservation. Group 1 . . Support Uses Group 2 Restoration and Natural Resources ,Unimproved pasture Wildlife management, ,!andgrazlng,forestry I plant and wildlife I (P) conservancies, refuges I ands3'lctuaries(P) i I Animal b~eeding Reta'1 sale of fresh, 'I RanchillQ; livestock (other than I Unprocessed , raismg (P) livestock), raising I agricultural products:/ training,stabllng grownpnrnarilyon I th, kenneling (Pl iPfoperty(A) I Crop raising; I Farm rabor housing hortiGulture:fruit (Ai and nul ' production: I groves; nurseries; irnPfOYedPaslUrel (P) MobBe homes I(P) InMH Overlay; (A) as temporary use) Collection and Asphalhcand ;Sports lransfer sites for cooCletebalch 'Instructional resource recovery making plants (eU) schools and (CU) camps (CU) Water management, gfoundwalerrecharge (P) Private VeterinarycJinic boathouses and feU) docks on lake, canal or waterway lots (A) Sporting and Recreational camps (CU) Dairying, beekeeping: poultry and egg IProducbon:milk jproduclIOn(P) I Retail Plant. nurseries Hunting cabins (CU) (CUI i I , Restoration, rmgation (P) IRecrealional Child care centers Aquaculture for I Padlinghouse Of Cultural,educatiOllal, Water supply, wen fields facilities integral and adult day alive Slrnilaragncullural or recreational (P); oil and gas 10 residential re species (P)and non-/ proceSSI~g of farm facilitiesandttleir explOfation (P) development, centers native speCies (CU) ,prooucts produced re!ated modes of e,g., golf I on transporting course, the property (A) parficipanls,viewers clubhouse, or patrons; lour icommunity opera~OI1s, such as, i center b~i'ding blJl not limited to ,and tennIS I airboats, swamp ladlllies, parks, buggies, horses and playgrounds Similar modes of and , transportatiOS1 (CU) ,lavftelds(A\ i Guesthouses Zoo, aquarium, I Tile commercial SawrTIlIIsiCU) Excavation and Boardwalks, nature IA) aviaty,botanical production, raising or related processing trails garden,Ofother breeding or exotic incidental to Ag(A) (PI similar uses (CUJ 8nimals{CU) Chufchesand Wholesale reptile Natural resources not other places of breeding and raising otherwise listed (P) worship (CU) Inon-venomous(p) jalldVenomous{cu) Communications t Essential services [P lowern (P)ICU) and I CUI Social and mandgasfield Fraternal I development and orga~~ations I production (CU) i 1----- ICU I --- Private landing ~ strips for general I aviation (CU) Cemeteries (CU) Schools (CU) -t j fifoupcare acililies,ALF _I L_ I (CU) I 2 Agenda Item No. 16A13 The removal of land use layers yields Stewardship Credits measured on a pe~m~renB~~3igr~~ calculated as follows: Natural Resource Index Value x (times) a factor representing ail1ityers removed. The removal oflaycrs 1-4 yields a factor of 0,6. The cumulative table of all base credits generated in CLH SSA 14 is shnwn in Exhibit D of the Credit Agrccment and summarized below. Thc Engineering and Environmental Services Department and Comprehensive Planning Department staffs have reviewed and agree with the calculation of credits gcnerated hy the removal of these land use layers and the Natural Resource Index values supporting them. Totals Acres 1.713. 5 1,713,5 Credits 1.850.5 1,850.5 Ag 1 Early Entry Bonus Credits were established to encourage participation in the Stewardship Credit program. Early Entry Bonus credits are awarded in the amount of 0.5 credits per Habitat Stewardship Area (HSA) acre located within the Area of Critical State Concern (ACSC) and 1,0 credits per HSA acre located outside the ACSA. Based on the type and location ofHSA acreage within CLI-I SSA 14, the applicant would be entitled to a total of 665.2 Early Entry Bonus Credits. A summary of these credits is shown below. Staff has reviewed and agrees with these figures. Table 6 from CLH SSA #14 application EARLY ENTRY BONUS CALCULA nONS 1'-'- 0.0 x 0,5 0.0 Early Entry Bonus Calculations HSA Acres inside the ACSC Early Entry Bonus Credits per Acre inside the ACSC Early Entry Bonus Crcdits (inside ACSC) 665.2 x 1.0 665.2 665.2 HSA Acres outside ACSC Early Entry Bonus Credits per Acrc outside ACSC Early Entry Bonus Credits (outside ACSC) Total Early Entry Bonus Credits Rcstoration Stewardship Credits are awarded at the rate of two (2) crcdits per acre for land "dedicated by the applicant for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Okaloacoochee Slough" (LDC Subsection 4.08.06 B.3.f.2). "The actual implementation of restoration improvements is not required for the owner to receive such credits..," (LDC Subsection 4.08,06 8.3.fJ). Referred to as R-I, selected areas are made available for restoration activities based on current conditions of the property and benefits to be derived from restoration work. The applicant has not submitted a Restoration Analysis and Report as part of this application and, thus, does not qualify for R-I Credits. Restoration credits are also available at the rate of four (4) credits per acre for the completion of restoration activities by the applicant (R-2). However, there currently is not a requirement that actual restoration activities be carried out. These credits are authorized at the time of SSA designation, but are not available for transfer until success criteria are met. The applicant has not 3 -. Agenda Item No. 16A13 November 18, 2008 submitted a Restoration Plan (Plan) and plans no restoration activities as part of this app~<JI1of 60 and, thus, does not qualify for R-2 credits. The CLH SSA 14 credit total below shows the sum of Base Credits. Early Entry Bonus Credits and Restoration Credits: Table 8 TOTAL STEWARDSHIP CREDITS GENERATED Credit Source k: redits Base Credits 1,8505 Earlv Enlrv Bonus Credits 665.2 'R1" Restoration Credits 0,0 'R2" Restoration Credits 00 Total 2,515.7 All 2,515.7 stewardship credits would be immediately available upon approval of this SSA application. Stewardship credits are calculated by totaling the 1,850.5 Base Credits and the 655.2 Early Entry Bonus Credits. No R- I Restoration Credits or R-2 Rcstoration Credits will become available as restoration activities are not part of this SSA application. LEGAL CONSIDERA nONS: Applicants petitioning for Stewardship Sending Areas. who will obtain SSA credits for the land so designated, must include a Credit Agreement per LDC Section 4.08.06,C.5. Collier Land Holdings, Ltd. has voluntarily requested that the subject area be designated as a Stewardship Sending Area and has provided the required Credit Agreement which is also included by reference herein. LDC Section 4.08.06.C.6 requires that the SSA Credit Agreement shall be approved by a resolution of the Board of County Commissioners (BCC) at an advertised public meeting by majority vote. A resolution is submitted for the subject area, which is attached. Additionally, the LDC requires in Section 4.08.06.C.7 that, following approval hy the County, an SSA memorandum shall be prepared and recorded in the public records, together with necessary portions or exhibits, LDC Section 4.08.06.C.8 requires that the applicant prepare and submit Stewardship Easement Agreements in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency," The Stewardship Easement Agreement is also attached. Finally, 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 proposes to hold the easement in escrow and to rccord the easemcnt when all permits and authorizations have been obtained for the Town of Big Cypress SRA, which shall occur by November 18,2013, or the SSA Credit Agreement and Stewardship Easement Agreement are null and void. In the interim, the applicant shall record in the public records within 30 days a notice of interim restrictions. The County Attorney has concluded that this process complies with the intent of the LDC and OMP. 4 .' Agenda Item No, 16A13 The Resolution, Stewardship Crcdit Agreement, Stewardship Easement AgrecmerN,oll!i'dl~cf.1\'t?gg Agreement have been reviewed for legal sufficiency. This agcnda item is ready for Board consideration and approval.--HFAC FISCAL IMPACT: The applicant, Collier Land Holdings, Ltd" has paid fees totaling $9,500 for the processing and review of the application, and the development and maintenance of a Stewardship Credit System Database for the purpose of tracking crcdits. Additionally, the cost of the legal notice has been paid by the applicant. There are no additional fiscal impacts associated with the application. GROWTH MANAGEMENT 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. The zoning overlay is based upon requirements and limitations contained in the FLUE. Therefore, inasmuch as staffs analysis indicates this petition for designation ofCLH SSA 14 is in compliance with the RLSA Zoning Overlay, it may also be found to be consistent with the FLUE. The applicant of SSA # 14 intends to utilize the stewardship credits from this SSA to partially enable the development of the proposed Big Cypress SRA. Accordingly, the applicant for SSA #14 has proposcd an Escrow Agreement, shown as Exhibit 4 to the Resolution, which delays the recordation of the Easement Agreement into public records until such time that all requirements in the Escrow Agreement and the SRA Credit Agrccment provisions of the LDC are complied with. This proposed delay in the recordation of the Easement Agreement is not exprcssly authorized in the LDC; however, the County Attorney has opined that the recording ofthe notice of restrictions until the easement is recorded is consistent with the intent of the LOr. RECOMMENDATION: That the Board of County Commissioners adopt a resolution designating 1,713.5 acres in the Rural Lands Stewardship Area Overlay as Stewardship Sending Area 14 ("CLH SSA 14"); approve the Credit Agreement for CLl-I SSA 14 and the numbcr of stewardship credits generated by the designation of said Stewardship Sending Area in response to an application by Collier Land Holdings. Ltd., a Florida limited partnership; approve the Easement Agreement for CLH SSA 14; approve the Escrow Agreement; and direct the County Manager or his designee to prepare a SSA memorandum to be recorded in the public records together with the necessary portions or exhibits of the SSA Credit Agreement and Easement; direct the County Manager or his designee to provide said documents to the Collier County Property Appraiser and the applicant; and require the applicant to comply with the provisions of the Escrow Agreement made a part of its approval with respect to recordation. PREPARED BY: Thomas Greenwood, AICP, Principal Plmmer, Comprehensive Planning Department 5 Item Number: Item Summary: Meeting Date: Page lof2 Agenda Item No, 16A13 November 18, 2008 Page 6 of 60 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A13 This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. A Resolution of the Collier County Board of County Commissioners designating 1,713.5 Acres in the Rural Land Stewardship Area Zoning Overlay District as a .Stewardship Sending Area with a designation as CLH SSA 14: pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for CLH SSA 14, and Stewardship Easement Agreement for CLH SSA 14; approving a stewardship Sending Area Credit Agreement for SSA 14; approving a Stewardship Easement Agreement for CLH SSA 14; approving an Escrow Agreement for CLH SSA 14; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. 11/18/2008 900:00 AM Prepared By Thomas Greenwood Community Development & Environmental Services Principal Planner Date Comprehensive Planning 10/28/20081:00:21 PM Approved By Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 10/28/2008 1 :43 PM Approved By David Weeks, AIC? Community Development & Environmental Services Chief Planner Date Comprehensive Planning 10/28/2008 4:42 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 10/29/2008 12:27 PM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 10/29/2008 1 :35 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/31/20087:25 PM file://C:\AgendaTest\Export\ 11 6-November%20 1 8,%202008\ 16.%20CONSENT%20AGE... 11/12/2008 Page20f2 Agenda Item No. 16A13 November 18, 2008 Page 7 of 60 Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 11/3/200811:20 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 11/3/20081:05 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11/3/2008 2:08 PM Approved By James V. Mudd C.ounty Manager Date Board of County Commissioners County Manager's Office 11/12/20089:43 AM file://C:\AgendaTest\Export\ 116-November%20 18, %202008\ 16.%20CONSENT%20AGE... 11/12/2008 !. ., Agenda Item No, 16A13 November 18, 2008 Page 8 of 60 RESOLUTION 2008- A Resolution of the Collier County Board of County Commissioners designating 1,713.5 Acres in the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as "CLH SSA 14"; pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for CLH SSA 14, and Stewardship Easement Agreement for CLH SSA 14; approving a stewardship Sending Area Credit Agreement for SSA 14; approving a Stewardship Easement Agreement for CLH SSA 14; approving an Escrow Agreement for CLH SSA 14; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area WHEREAS, Collier Land Holdings, Ltd., a Florida limited partnership, owns approximately one thousand seven hundred and thirteen and five tenths (1,713.5) acres located within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Section 4.08.06 of the Collier County Land Development Code ("LOG") and the terms of the Escrow Agreement for CLH SSA 14 Stewardship Sending Area Credit Agreement and Stewardship Easement Agreement; and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the CLH SSA 14 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 4.08.06 of the LDC, and determined that the Application is legally sufficient; and <'~ ~ Agenda Item No. 16A13 November 18, 2008 Page 9 of 60 WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the Escrow Agreement, Stewardship Sending Area Credit Agreement for CLH SSA 14, and Stewardship Easement Agreement for CLH SSA 14 are in compliance with, and meet the requirements of the LDC and provide a substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: 1. CLH SSA 14, as described in attached Exhibit 1, consisting of one thousand seven hundred and thirteen and five tenths (1,713.5) acres is hereby designated as a Stewardship Sending Area ("SSA"), and will be officially designated as "CLH SSA 14" on the Official Zoning Atlas Map pursuant to the terms of the Escrow Agreement for CLH SSA 14, Stewardship Sending Area Credit Agreement for CLHSSA 14 and the Stewardship Easement Agreement for CLH SSA 14. 2. The Stewardship Sending Area Credit Agreement for CLH SSA 14, attached hereto as Exhibit 2, meets the requirements of Section 4.08.06 of the LDC and the Board hereby approves the Stewardship Sending Area Credit Agreement for CLH SSA 14. 3. The Stewardship Easement Agreement for CLH SSA 14, attached hereto as Exhibit 3, meets the requirements of Section 4.08.06 of the LDC and the Board hereby approves the Stewardship Easement Agreement for CLH SSA 14. 4. The Escrow Agreement for CLH SSA 14, attached hereto as Exhibit 4, is hereby approved by the Board which provides for the delay of the recordation of the Stewardship Sending Area Credit Agreement for CLH SSA 14 and the Stewardship Easement Agreement until such time as the proposed Town of Big Cypress SRA has received the necessary final and non-appealable local, state and federal permits, other than plat, site development plan and 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. 5, The Board hereby establishes, grants and assigns two thousand five hundred and fifteen and seven tenths (2,515.7) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.04 of the LDC and the terms of the Escrow Agreement for CLH SSA 14; Stewardship Sending Area Credit Agreement for CLH SSA 14 and the Stewardship Easement Agreement for CLH SSA 14. 7.. 0-;"'''' ;. Agenda Item No. 16A13 November 18, 2008 Page 10 of 60 6. The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the CLH SSA 14 lands. 7. By its designation of the lands described in Exhibit 1 as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the CLH SSA 14 Stewardship Sending Area Credit Agreement. THIS RESOLUTION ADOPTED this day of a Motion, seconded, and majority vote favoring same. , 2008, after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK , Deputy Clerk By: Commissioner Tom Henning, Chairman Approved as to form and legal sufficiency: By: & Heidi Ashton. Assistant County Attorney Land Use Section, Chief 3 0:~' -~,-~-_._^. ., .....r .....' ....,. ....... ...... ....... ......... -...... 1...... --..,'\ , , <, . lEGAL DESCRIPTION OF SSA 14 (CAMP KEAIS STRAND - NORTH) A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 00025'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E. 503786.03 N. 739342,64, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00025'14" EAST A DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 89046'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688,38 FEET; THENCE NORTH 89043'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 01034'03" EAST ALONG THE EAST LINE OF SAID SECTION 14 A DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 85'22'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89049'46" WEST A DISTANCE OF 1042,06 FEET; THENCE lEAVING SAID LINE SOUTH 23'46'27" EAST ALONG THE BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2496, PAGE 660 A DISTANCE OF 730.87 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76'14'46" eAST A DISTANCE OF 185.64 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24'38'00" EAST A DISTANCE OF 539.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53'11'32" WEST A DISTANCE OF 757,15 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55031'11" WEST A DISTANCE OF 2059.38 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35'38'26" WEST A DISTANCE OF 185,75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 14; THENCE SOUTH 00010'27" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 2699.98 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST CORNER OF SAID SECTION 23; THENCE SOUTH 00009'52" EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 A DISTANCE OF 2514.67 FEET; THENCE LEAVING SAID LINE NORTH 37"34'03" EAST A DISTANCE OF 189,51 FEET; THENCE NORTH 40'54'34" EAST A DISTANCE OF 400.24 FEET; THENCE SOUTH 75'46'04" EAST A DISTANCE OF 831.95 FEET; THENCE SOUTH 33'53'45" EAST A DISTANCE OF 505.35 FEET; THENCE SOUTH 32"29'39" EAST A DISTANCE OF 49375 FEET; THENCE SOUTH 31"22'16" EAST A DISTANCE OF 98,72 FEET; SHEET 2 OF 3 Agenda Item No. 16A13 November 18, 2008 Page 12 of 60 THENCE SOUTH 22'47'19" EAST A DISTANCE OF 745.61 FEET; THENCE SOUTH 20'56'19" EAST A DISTANCE OF 478,90 FEET; THENCE SOUTH 03'50'20"WEST A DISTANCE OF 85.72 FEET; THENCE SOUTH 50'52'47" WEST A DISTANCE OF 223.93 FEET; THENCE SOUTH 51 '02'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION WITH A LINE 1 00.00 FEET NORTHERLY FROM AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF IMMOKALEE ROAD (SR-846 -100' RIGHT OF WAY); THENCE ALONG SAID PARALLEL LINE SOUTH 89'42'14" EAST A DISTANCE OF 1409.00 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'42'16" EAST A DISTANCE OF 2661.70 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'36'19" EAST A DISTANCE OF 2696.18 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'07" EAST A DISTANCE OF 2676.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1713.51 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. 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STEWARDSHIP SENDING AREA CREDIT AGREEMENT (CLH SSA 14) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2008, 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, 3301 East Tamiami Trail, Naples, Florida 34112, and Collier Land Holdings, Ltd., a Florida limited partnership ("CLH") hereinafter referred to as "Owner", whosemailingaddressis3003TamiamiTrailNorth.Suite 400, Naples, Florida 34103, for the purpose of designating a "Stewardship Sending Area" ("SSA") on certain lands belonging to Owner, eliminating Land Use Layers from said lands, and assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06. of the Collier County Land Development Code ("LDG"), WITNESSETH: WHEREAS, CLH is the owner of approximately one thousand seven hundred thirteen and five tenths (1,713,5) acres of land within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application 2007-AR-12490) filed by Owner with Collier County, Florida; and WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related to CLH, has submitted application to Collier County, South Florida Water Management District and the United States Department of Army, Corps of Engineers for authorization to develop the Town of Big Cypress located within the RLSA District; WHEREAS, CEMI has advised Collier County that the Town of Big Cypress will be developed consistent with the provisions of Article 4,09.00 of the Collier County Land Development Code, which will include the submittal of a Stewardship Receiving Area (SRA) application pursuant to Section 4.08,07 of the Collier County Land Development Code; WHEREAS, in order to develop the Town of Big Cypress in accordance with Article 4.08.00, CEMI is required under Section 4.08.07 to exchange Stewardship Credits granted under Section 4.08.06 in order to receive additional residential or non-residential entitlements for the SRA; WHEREAS, Owner has requested that the one thousand seven hundred thirteen and five tenths (1,713.5) acre parcel legally described in the attached Exhibit "A" (hereinafter referred to as "CLH SSA 14") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 4.08.06. of the Collier County land Development Code, to establish Stewardship Credits for CEMI to develop the Town of Big Cypress SRA; and SSA J4 Cu,':diL Agreement 10-] 5-{)H . , '. Agenda Item No. 16A 13 November 18, 2008 Page 15 of 60 WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on October 29, 2007 for the CLH SSA 14 land described in Exhibit "A" and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 4.08.06. of the Collier County LDC and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the CLH SSA 14 described in Exhibit "A" as a SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, CLH SSA 14; and WHEREAS, the County and Owner agree that this Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LDC and is of substantial benefit to the general public. 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. Land Desianated as SSA. CLH SSA 14 as described in Exhibit "A", consisting of approximately one thousand seven hundred thirteen and five tenths (1,713.5) acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially designated as SSA 14 ("CLH SSA 14"). 2. Land Use Lavers. The following Land Use Layers as described in the Land Use Matrix in Section 4.08.06 8.4. of the Collier County LDC are hereby eliminated from and prohibited within CLH SSA 14. a. Within CLH SSA 14, Land Use Layers 1 through 4, inclusive, as described in Section 4.08,06 8.4. of the LDC, are hereby eliminated on one thousand seven hundred thirteen and five tenths (1,713.5) acres of SSA 14 designated as AG-1 on Exhibit "C." The area designated as AG-1 on Exhibit "C" may be utilized for the uses included within Agriculture - Group 1 (Land Use Layer 5), Agriculture - Support Uses (Land Use Layer 6), Agriculture - Group 2 (Land Use Layer 7), and Conservation, Restoration, and Natural Resources (Land Use Layer 8). 2 Agenda Item No. 16A13 November 18, 2008 Page 16 of 60 b. The Owner reserves the right pursuant to Section 4.08.06 of the LDC to amend this SSA in the future to remove one or more additional Land Use Layers and/or for restoration activities in retum for additional Stewardship Credits. Nothing in this provision, Agreement, Stewardship Easement Agreement or the County LDC shall preclude the Owner's right to remove one or more additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by the County, state or federal statute, regulation or ordinance. c. The County agrees that the removal of Land Use Layers to generate Stewardship Credits under this Agreement does not preclude the use of such removal as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance for activities conducted in a Stewardship Receiving Area utilizing the Stewardship Credits generated through this Agreement. The County also agrees that nothing in this Agreement, Stewardship Easement or County LDC precludes the Owner's right to remove one or more additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance. 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ("Worksheet") for CLH SSA 14 is attached to this Agreement as Exhibit "0". The Worksheet quantifies the number of acres by Index Values, sets forth the level of conservation, identifies the land designated for restoration, sets forth the restoration potential and establishes the number of Stewardship Credits generated. The Worksheet also quantifies the number of Early Entry Bonus Credits generated by the designation of CLH SSA 14. The total number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for CLH SSA 14 are two thousand five hundred fifteen and seven tenths (2,515.7) Stewardship Credits, all of which are immediately available and may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.06. of the Collier County LDC. 4. Exchanqe Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on CLH SSA 14 herein may be transferred to a Stewardship Receiving Area (SRA) in exchange for the development of land at the rate of eight (8) stewardship Credits for the development of one acre of land in a SRA. 5. Land Manaqement Measures. On those lands within CLH SSA 14 on which Land Use layers 1 through 4 are eliminated, land management measures may consist of one or more of the following: bnush clearing, mechanical brush control ("chopping"), prescribed burning, SSA 14 Credit Agreement 1()-15-0S 3 Agenda Item No. 16A13 November 18, 2008 Page 17 of 60 other exotic and nuisance species control. fence construction and maintenance, silvaculture management, and ditch and ranch road maintenance, to maintain the land in its existing condition. In addition to the land management measures listed above, the following land management measures may be utilized; such as disking; irrigation, ditch, dike and pumping construction and maintenance; farm road construction and maintenance; storage of farming equipment; and other practices associated with the uses under Land Use Layers 5 - 8, inclusive. may be utilized. 6. References. The references herein to the LDC provIsions are those contained in Section 4.08.06. of the Collier County LOC existing as of the date this Agreement becomes effective and those provisions of the LOC shall control as to the rights, obligations, implementation or interpretations of this Agreement and rights of Owner in the CLH SSA 14, unless the Owner elects in writing that subsequently enacted LOC provision may govern the provisions of this Agreement. 7. Lavers Included. The retention of any Land Use Layer .also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 4.08.06 8.4. of the LOC, including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 4,08.06 B.4.b. of the LOC. 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. 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, officiaily 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 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 feeral 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 4 Agenda Item No. 16A13 November 18, 2008 Page 18 of 60 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. 9. Effectiveness. This Agreement shall be effective upon its execution by both parties. The terms, conditions, and obligations hereunder shall constitute covenants that run with the land and may be enforceable by either party in the circuit courts for the 20th Judicial Circuit in Collier County. In the event that either party hereto shall institute legal proceedings in connection with or for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any court trial and appellate proceedings. 10. Easement Aqreement. Attached hereto as Exhibit "E" is a copy of the Stewardship Easement Agreement (without Exhibits) that will be executed by Owner and recorded by the Escrow agent in accordance with the terms of the Escrow Agreement executed simultaneously with this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the CLH SSA 14 land described in Exhibit "A" which is the subject of this Agreement. 11. FSA/HSAlWRA Lands. One thousand seven hundred thirteen and five tenths (1,713.5) acres of CLH SSA 14 are within a Habitat Stewardship Area (HSA), Flow Way Stewardship Area (FSA) and WRA contiguous to the Camp Keais Strand Flow-way. The HSA, FSA, and WRA lands are depicted on Exhibit "F". 12. Successors and Assiqns. As used in this Agreement the term "Owner" shall include the owner, its successors and assigns of any of the CLH SSA 14 land described in Exhibit "A". 13, Amendments. This Agreement may only be amended by written agreement of all parties hereto. SSA 14 Credit AfP"t~mL"I1t 10-15-08 5 Agenda Item No, 16A 13 November 18, 2008 Page 19 of 60 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to pe executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. . . ~~.. ....:;:;v<~:~. :::;J.J.!~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Heidi Ashton-Cicko, Assistant County Attorney Land Use Section, Chief WITNESS: COLLIER LAND HOLDINGS, L TO. a Florida Limited Partnership (Signature) By: Collier Enterprises, Inc, a Florida Corporation, it's General Partner (Print full name) By: Printed Name: Title: (Signature) (Print full name) 6 . , Agenda Item No. 16A 13 November 18, 2008 Page 20 of 60 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this _ day of , 2008, by , as of Collier Enterprises, Inc., General Partner of Collier Land Holdings, Ltd. Notary Public Name: Certificate No. My Commission expires: SSA 14 Credil Agreement 10-15-08 7 Agenda Item No, 16A13 November 18, 2008 Page 21 of 60 LIST OF EXHIBITS CLH SSA 14 Credit Agreement Exhibit "A" CLH SSA 14 Land Legal Description Exhibit "8" CLH SSA 14 (1,713.5 acre parcel) depicted on Map of SSA Land Exhibit "C" Retained Land Uses Exhibit "0" Natural Resource Index Assessment Worksheet Exhibit "E" Stewardship Easement Agreement Exhibit "F" FSA / HSA / WRA / Open Lands 8 Agenda Item No. 16A13 November 18, 2008 Page 22 of 60 EXHIBIT A Ill....' .....' ....,.. ....... ...... .......' .......... ........ . . ,...... . . Agenda f No mber~ ~ t {'age 23~~6f)~1 I 'e~.l/~,% .... : 1/:-.:" / ( ~.J LEGAL DESCRIPTION OF SSA 14 (CAMP KEAIS STRAND - NORTH) A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 00"25'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E. 503786.03 N. 739342.64. AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT; THENCE CONTINUING ALONG SAID EASTERL Y LINE NORTH 00"25'14" EAST A DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 89"46'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.38 FEET; THENCE NORTH 89"43'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 01"34'03" EAST ALONG THE EAST LINE OF SAID SECTION 14 A DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 85"22'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89"49'46" WEST A DISTANCE OF 1042,06 FEET; THENCE LEAVING SAID LINE SOUTH 23"46'27" EAST ALONG THE BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2496, PAGE 660 A DISTANCE OF 730,87 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76'14'46" EAST A DISTANCE OF 185.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24'38'00" EAST A DISTANCE OF 539.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53"11'32" WEST A DISTANCE OF 757.15 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55"31'11" WEST A DISTANCE OF 2059.38 FEET, THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35"38'26" WEST A DISTANCE OF 185,75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 14; THENCE SOUTH 00"10'27" EAST ALONG SAID WESTERL Y LINE A DISTANCE OF 2699.98 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST CORNER OF SAID SECTION 23; THENCE SOUTH 00"09'52" EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 A DISTANCE OF 2514,67 FEET, THENCE LEAVING SAID LINE NORTH 37"34'03" EAST A DISTANCE OF 189,51 FEET THENCE NORTH 40"54'34" EAST A DISTANCE OF 400.24 FEET, THENCE SOUTH 75"46'04" EAST A DISTANCE OF 83195 FEET; THENCE SOUTH 33"53'45" EAST A DISTANCE OF 505.35 FEET, THENCE SOUTH 32"29'39" EAST A DISTANCE OF 49375 FEET; THENCE SOUTH 31"22'16" EAST A DISTANCE OF 98 72 FEET; SHEET 2 OF 3 . . -. Agenda Item No. 16A13 November 18, 2008 Page 24 of 60 THENCE SOUTH 22"47'19" EAST A DISTANCE OF 745.61 FEET; THENCE SOUTH 20"56'19" EAST A DISTANCE OF 478 90 FEET; THENCE SOUTH 03"50'20" WEST A DISTANCE OF 85,72 FEET; THENCE SOUTH 50"52'47" WEST A DISTANCE OF 223.93 FEET; THENCE SOUTH 51"02'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY FROM ANO PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF IMMOKALEE ROAD (SR-846-100' RIGHT OF WAY); '" THENCE ALONG SAID PARALLEL LINE SOUTH 89"42'14" EAST A DISTANCE OF 1409,00 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89"42'16" EAST A DISTANCE OF 2661.70 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89"36'19" EAST A DISTANCE OF 2696.18 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89.44'07" EAST A DISTANCE OF 2676,61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1713,51 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED AGNOLl. BARBER j'-ND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS " .. ",} ~ -1....,/",,< .,;'/ . GEORGE W. HI"CISNEY GWH I 9619-S0.f'TF REF ABB DWG# 9S19-SD P S,M. 5606 SHEET 3 OF J (")COO ~O<D ~O_ <DNO ~ '", ci~N Z~<D <DOl E.o m <DEeL ==<D m> ,,0 cZ <D 0> ~ ,',.I 8 . -==-Z-----c= '_ ~ g "" ~'< 10" "'~ ~~ '" <0 ~:8 ", ." :::2:il , oj ci n: '" ~ '^ , "''''.............,l.ul.JiI:!til:.....iI: !~?; ~ ~ ~ ~:~:!'2 g ~ ~::! ~ ...... <<> '"" '" N" . ""- """ "l'1:""\fll'<N:"~~v>~b-:t ~~~:::i:::j;:;~~ci:?:""~m ; ~~"'V'lV'l"'''''''V\''''''V\~ . l-- _...<0""<0 -0 ..,'" '" ~1()"''''..-,''~~'''~''''''8'''! ~g;:;~:;:~~~"'.':1~g:~ -..""...... "... "':::o:!~ , ~-"'......V\<n"'''''o>:?;:::::'..., ~-J -J..........-J -'..... -J ~ --' -'.j:; ~ o u ~ . ~ u " ~ o ~ z LI'/fJOg 3 ..ro,~..JO N ."j NOU:)3$ J(J 3Nfl 15'13 " ~ . " < u. .~ iI: 8l?:: , ." es ~.-, ;;;~~~ '" .:...~ . 0" ," 8 L"J l.) It:: "" -[() ~ ~ ....C">l 8 I!; e Cl:: n:;. 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",,',,) ';....,.,-,..,, ~ x . ,.., ,-~--... ,....." ., ". . I.b Q~' J S S A 1 4 ~ {n I D J 1 A (; R 1- EM E N r 'tU M..,~ ~--~-----------~-~ l:XtllBll IJ - 'O(ATION MAl' Agenda Item No. 16A13 November 18, 2008 Page 28 of 60 EXHIBIT C , , ? - Agenda Item No, 16A13 . ember 18, 2008 ;';"k '_ . 0,\ ";'Ii-.,'r,"'~~"'1 Page 29 of 60 ,;;:i;;'ff1Qfr.-, " '~,,: ~':::(,~l,'v:}:;j~!i. ,,~:~''::: 'I'>>:' ;'Uil!l'lp::,., :.~';I ..'" c. ,,'Jt~,;:;,r;'r"'~ , ! ;1 'i k ' ,~>::~I ;~~].-,,:~~ '~."".~~,.~~,\ '1 --. 1 "'000 ~o<o <(0_ ,..r,I')N 0 ~ E"C ro OlEo.. ==Ol ro> ",0 cZ Ol Ol <( -. 1-. .... (1)< :0:-' ro .....:;: .... '"" ~ '"' .. - o I- ~ tD 0'" L() \..i.") Q i..rJ N a , ~ .-,: z ~ - :..,. .... :- -: 1~ ... = "1' ... Z 'J; ~ Ol <( '7' If) L() 1J).D C') CJLOu)C\.IO '" <0, ci c') 0 '.0 CD ["') c.o ,....... U) cLl:..D It? <.DMOCOr--O(")("')f'-('!")O C\.i l-- I'.... 0) a t.iJ .::\1 ('I') 1.0 C\J l{) (.0 co ~ r.o::o '7) CD r__l.O(Qr:;J ~i::~CO!:::8~~(1)r~~ XJ L'J \D ~ 7 ~ ~ 8 a ~ ~ ~ w ~ ~ ~ 0 ~ (~ ~ ~~ ~, L") = "T C\J 0") l"'- ':U 'XJ (") r.... C') m t"i'! ~ ~ M~!....... ~~~ a~~ <( Ol <( <( CIJ en iii "5 I- .,. " I' co ':J::) ,..rl "'T '":f CJ') C~ D ~ ~ ~ D 0 0 ~ ~ ~ 0)[~:';c<)o~"'" C\J '-J c\; \"') (, C') OJ r'~ cD. '<1' t.... '" " - o <( " r--. '"7) '" " - " <~ OJ - " .... =., l'- <:) CI () ::::; c Q) "'- o tnl 0 =:> () :~ (.) '~~ D (;.l _, 0 '_, ;::) 0 ''::)0 " ~ ~I ~ ~ 0 ,~ a 0 ~ Q ~ ~ 0 0 0 ~ a 01 <(I ml '01 !-I I .... .". 0> .... ~ "' ci 1.0 Oji '!-: .... ~: en' ..... ~ EXHIBIT ( ): F j <( ~ ~ ml ~ 0 0 ~J 0 0 0 _ ~ 0 ~J 0 0 0 ~ ~ w; ,~"""' \'.; 0 C, CJ ~~, () C.1::::, ,-=, ,",. _' 0 - 0' <ti OJ '5 .... <t (ti ~ {,'1"Oo J:!-<( <( C1J u.. " Q) ~ ~, -:0 .";\ ~ m '" ~; ~ .::) ':<) '_'J " -:; -;- C".i C' '~j :'~ "':t a; ,~ LT~ .j ::n OJ '" C\l ::-\J f-_ I~ ;,n '" <.0 M '~: '" '" "l .". 0' '" o 0' o ::) en ...: .". It); If' CO .". '" '" I, .!! '" ::; !- !Ii -g co ...l ~ ::::::~ ~h s~.~ '~io') ~~ 3"E" ... c"', ""J 'eJ " i'~ ".cT < u, r- "! ~i eo '.j) "c1' o ~ _--' ,i". 'T ,('! '~; " .~) e'J Agenda Item No. 16A13 November 18, 2008 Page 31 of 60 . Table 7 STEWARDSHIP CREDITS GENERATED Credit Source Base Credits Early Entry Bonus Credits Total Grand Total -~--~-- 1B50.5 565.2 2515.7 . . ru:i, 'I/,Jf~1I ~?~/BsonU{riIHler Agenda Item No, 16A13 November 18, 2008 Page 32 of 60 NOTE SSA 14 CREDIT AGREEMENT "EXHIBIT E" IS THE STEWARDSHIP EASEMENT AGREEMENT AND ALL INCLUDED EXHIBITS PLEASE SEE STEWARDSHIP EASEMENT AGREEMENT Agenda Item No, 16A13 November 18, 2008 Page 33 of 60 EXHIBIT F SSA 14 Credit Agret:ment ]O-!5-0g z.. "'COO ~O<D <(0_ u'}N 0 -.". 00", ... := <ll ~ ."" E.o '" 0> Eo- '"'0> "'> -00 c;Z 0> '" <( ffi i: ~ jJ.i II t Agenda Item No. 16A13 2008 f60 This Instrument Prepared by: Richard D. Yovanovich, Esq. Goodlette, Coleman, Johnson, Yovanovich & Koester, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 STEWARDSHIP EASEMENT AGREEMENT (CLH SSA 14) THIS STEWARDSHIP EASEMENT is granted this _ day of , 2008, by Collier Land Holdings, Ltd., a Florida Limited partnership whose address is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103, hereinafter called "Grantor", to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Services, hereinafter collectively called the "Grantees". '; .;'li RECITALS A. Grantor is the owner of approximately one thousand seven hundred thirteen and five tenths (1,713.5) acres of iand situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "CLH SSA 14"). B. Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement ("SSA Agreement") of even date herewith, which designated the Property "Camp Keais Strand Flow-way Sending Area 14 ("CLH SSA 14"). This one thousand seven hundred thirteen and five tenths (1,713,5) acre parcel, as legally described in Exhibit "N, has been designated as a "Stewardship Sending Area" ("SSA") in accordance with Section 4.08.06 of the Collier County Land Development Code ("LOG"). The Property is depicted on Exhibit "B". C. The SSA Agreement and Section 4.08.06 C,8, of the LDC require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for CLH SSA 14 and the party responsible for such measures, D. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor two thousand five hundred fifteen and seven tenths (2,515,7) Stewardship Credits. Stewardship Credits will allow Grantor to entitle three hundred and fourteen and five tenths (314.5) acres for development within the Rural Lands Stewardship Area District SSA 14 !'asellW!ll ^gr~emcnllO-15-08 ~ ,.r ~" Agenda Item No. 16A13 November 18, 2008 Page 36 of 60 E. The purposes of this Stewardship Easement are (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement, (2) to identify specific land management measures and the party responsible, (3) to provide for the enforcement of the Stewardship Easement; and (4) in the areas to be restored by Grantor, to provide the restoration improvements and success criteria. NOW THEREFORE, in consideration of the designation of the Property as Stewardship Sending area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A", which shall run with the land and be binding upon the Grantor, its successors and assigns (hereafter collectively "Grantor") and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. 2. Exhibit "C" depicts and Exhibit "0" also describes the one thousand seven hundred thirteen and five tenths (1,713,5) acres within CLH SSA 14 where the following four (4) Land Use Layers are eliminated and the property is henceforth prohibited from being utilized for the following land uses, as defined in Section 4.08.06 B.4 of the LDC: a. Residential Land Uses, also described as Land Use Layer 1. b. General Conditional Uses, also described as Land Use Layer 2. c. Earth Mining and Processing Uses, also described as Land Use Layer 3. d. Recreational Uses, also described as Land Use Layer 4. 3. Grantor reserves all other rights as Owner of the Property, including the right to engage in all other uses of the Property that are not inconsistent with the SSA Agreement or the intent and purposes of this Stewardship Easement. Grantor may use CLH SSA 14 only for the land uses set forth in this paragraph: a. The lands in CLH SSA 14 land depicted on Exhibit "C" and described on Exhibit "0" as having had the first four (4) Land Use Layers eliminated, may also be used for Agriculture - Group 1 (Land Use Layer 5); Agriculture - Support Uses (Land Use Layer 6); Agriculture - Group 2 (Land Use Layer 7) as defined in Section SSA J4 Eascm~nl !\grn:l1ll'll11()-15-08 2 Agenda Item No, 16A 13 November 18, 2008 Page 37 of 60 4,08.06 B.4 of the LOC, Those land uses are permitted to continue, and may convert from one type of Agriculture to another, Conservation, Restoration, and Natural Resources (Land Use Layer 8) Uses are allowed on all of the Property, including the specifics thereof set forth in Section 4,08,06 BA-b. of the LOC. b, Pursuant to Section 4,08,06 of the LOC, Grantor retains the right to amend this SSA in the future to remove one or more additional Land Use Layers and/or for restoration activities in return for additional Stewardship Credits. Nothing in this provision, Stewardship Easement or County LDC shall preclude Grantor's right to remove one or more additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by County, state or federai statute, regulation or ordinance, c. Grantor retains the right to construct and maintain farm and ranch roads to access its lands within the Property for the purposes retained herein. d. Grantor retains the right to engage in traditional activities on the Property, such as, but not limited to hiking, hunting (including organized hunting activities), nature observatory and other eco- observation excursions, and other such occasional non-destructive activities. 4. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. Notwithstanding the above, Grantor shall not be liable for or be obligated to restore alterations of the Property caused by third-parties or acts of God. 5. On those lands within CLH SSA 14 on which Land Use layers 1 through 4 are eliminated, land management measures may consist of one or more of the foilowing: brush ciearing, mechanical brush control ("chopping"), prescribed burning, other exotic and nuisance species control, fence construction and maintenance, silvaculture management, and ditch and ranch road maintenance, to maintain the land in its existing condition. In addition to the land management measures listed above, the following land management measures may be utilized; such as disking; irrigation, ditch, dike and pumping construction and maintenance; farm road construction and maintenance; storage of farming equipment; and other practices associated with the uses under Land Use Layers 5 - 8, inclusive, may be utilized. ')$/\ 14 LL~ml\:nl !\.i'r~'ml('JlI liLj"_(J~ 3 Agenda Item No. 16A13 November 18, 2008 Page 38 of 60 6. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property, except for damage or alteration of the Property caused in whole or in part by Grantee's acts or omissions. -i 7. 'I 'J j ~i " i) 8. I , .1 ,j :1 Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. References to the LDC are to those provisions of Section 4.08.06 of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations. implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. 9. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantees to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. 10. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. 11. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved, 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County, or as provided for in the Escrow Agreement between the Grantor and the County dated ~, 2008. SSA 14 Easemclll Agreement In-iS-OR 4 ....;,j Agenda Item No, 16A 13 November 18, 2008 Page 39 of 60 14. Grantee acknowledges that the removal of Land Use Layers to generate Stewardship Credits under the Stewardship Easement does not preclude the use of such removal as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance for activities conducted in a Stewardship Receiving Area utilizing the Stewardship Credits generated by the Stewardship Easement. Grantee also acknowledges that nothing in this Stewardship Easement or County LDC precludes Grantor's right to remove one or more additional Land Use Layers and/or restoration activities for use as compensation, mitigation or conservation measures under any program established by County, state or federal statute, regulation or ordinance either concurrent with or independent of the generation of additional Stewardship Credits. TO HAVE AND TO HOLD unto grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances that are contrary to this Stewardship Easement; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day of , 2008. SSA 14 Lj~clllc1Jl A:.'TCCIllCllt 10-15-(18 'i ~. ,.._-,,~---~.:.-'"' ,~ Agenda Item No. 16A 13 November 18, 2008 Page 40 of 60 GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT WITNESS: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Name By: Print Name Its: Signature Name Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this _ day of , 2008, of the Florida Department of Agriculture and Consumer Services. Notary Public Name Certificate No. My Commission Expires ,.t;. l:I'J \ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Heidi Ashton-Cicko, Assistant County Attorney Land Use Section, Chief SSA 14 Ert.~cmr.nt Agreement JO-15-118 11 Agenda Item No. 16A 13 November 18, 2008 Page41 of 60 WITNESS: COLLIER LAND HOLDINGS, L TO. A Florida Limited Partnership By: Collier Enterprises, Inc. a Florida corporation, it's general partner (Signature) (Print full name) By: Printed Name: Title: (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this _ day of , 2008, by , as of Collier Enterprises, Inc., General Partner of Collier Land Holdings, Ltd. Notary Public Name: Certificate No. My Commission expires: SSA 14 Easclrlt:llt Agro;:t;nlcll1 JO.15-0X 7 . Agenda Item No. 16A13 November 18, 2008 Page 42 of 60 LIST OF EXHIBITS CLH Stewardship Sending Area 14 Stewardship Easement Agreement Exhibit "A" CLH SSA 14 Land Legal Description Exhibit "B" CLH SSA 14 (1,713.5 acre parcel) depicted on Map of SSA Land Exhibit "C" Retained land Uses Exhibit "0" Legal Description of ClH SSA 14 SSA 14 E:m.."lTIcnt Agrccmem iO-iS-OS 8 , Agenda Item No. 16A13 November 18, 2008 Page 43 of 60 CLH SSA 14 STEWARDSHIP EASEMENT AGREEMENT EXHIBITS 9 "'--~".'" ... ..~-'- ? Agenda Item No. 16A13 November 18, 2008 Page 44 of 60 EXHIBIT A TO STEWARDSHIP EASEMENT AGREEMENT CLH SSA 14-Land Legal Description 10 ~....r ...... ....,.'. ....... ...... , .....'" ........ -...... 1....'" . , LEGAL DESCRIPTION OF SSA 14 (CAMP KEAIS STRAND - NORTH) A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 00.25'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E. 503786.03 N. 739342.64, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00.25'14" EAST A DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 89.46'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.38 FEET: THENCE NORTH 89"43'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 01.34'03" EAST AlONG THE EAST LINE OF SAID SECTION 14 A DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 85.22'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89.49'46" WEST A DISTANCE OF 1042.06 FEET; THENCE LEAVING SAID LINE SOUTH 23.46'27" EAST ALONG THE BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2496, PAGE 660 A DISTANCE OF 730.87 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76.14'46" EAST A DISTANCE OF 185.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24.38'00" EAST A DISTANCE OF 539.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53.11'32" WEST A DISTANCE OF 757.15 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55.31'11" WEST A DISTANCE OF 2059.38 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35"38'26" WEST A DISTANCE OF 185.75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 14; THENCE SOUTH 00"10'27" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 2699.98 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST CORNER OF SAID SECTION 23; THENCE SOUTH 00.09'52" EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 A DISTANCE OF 2514.67 FEET; THENCE LEAVING SAID LINE NORTH 37"34'03" EAST A DISTANCE OF 18951 FEET; THENCE NORTH 40'54'34" EAST A DISTANCE OF 400.24 FEET. THENCE SOUTH 75046'04" EAST A DISTANCE OF 83195 FEET; THENCE SOUTH 33053'45" EAST A DISTANCE OF 505.35 FEET; THENCE SOUTH 32"29'39" EAST A DISTANCE OF 493.75 FEET; THENCE SOUTH 31022'16" EAST A DISTANCE OF 98.72 FEET; SHEET 2 OF 3 . 1 Agenda Item No. 16A13 November 18, 2008 Page 46 of 60 THENCE SOUTH 22'47'19" EAST A DISTANCE OF 745.61 FEET; THENCE SOUTH 20'56'19" EAST A DISTANCE OF 478.90 FEET; THENCE SOUTH 03.50'20" WEST A DISTANCE OF 85.72 FEET; THENCE SOUTH 50'52'47" WEST A DISTANCE OF 223.93 FEET; THENCE SOUTH 51.02'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY FROM AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF IMMOKAlEE ROAD (SR-846 - 100' RIGHT OF WAY): THENCE ALONG SAID PARAlLEL LINE SOUTH 89.42'14" EAST A DISTANCE OF 1409.00 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89.42'16" EAST A DISTANCE OF 2661.70 FEET: THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89.36'19" EAST A DISTANCE OF 2696.18 FEET: THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89.44'07" EAST A DISTANCE OF 2676.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1713.51 ACRES OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. AGNOLl, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENG!NEERS, PLANNERS & SURVEYORS AND MAPPERS P.S.M. 5606 GWH /9819-SD.RTF REF. ABB DWG # 9819-SD SHEET 3 OF 3 ~ """'0 ~O<J:) <(O~ <J:)N 0 ~ -,.... O~..q Z~'" ",0> ED co ",ElL "'''' co> ",0 cZ '" 0> <( ~ ~ " < . . , " o ~ I; " ~ ~ z '" ~ ~ 0 ~ "C a ~ ~ Di ~ ~ ~ ~ ~ & u ~ 8 ~ "<I l5 It: ~ '5 8 ~ ~ ~ ~ ; ~ @: ~ ~ ~ !!; ~ ~ ~ e ~ . n II , o " " , -==::!-z--= '- " ~ " eo" ~" i'O" 15~ ,,'" ~8 ~g ~, .~ ~~ , o 0 . oi o Q ., ~ ~ '" "'~ -'" "'" Q cU}" ~~ '0. ~ , "-'!.l,..,...."'''''''''-'jJ::iI;~....il: , . . . . . . . ,. .. ~~.~ p ~ ~.~ ~ .~ 2 ;; .;! .:! 'J- ..... "'.....,. N "- ""0 "'''' '" "" :->~;ot\'l!'<I";ot\'ll'l",p:OO-.. ::;~~;;p~;;;~~~~~~g: ~ ZZVl"''''''''''lIlVl'''Vl'''Z ,J~~;:!;~';!l)Q~;O~~';;l~g~ 01 ",...:.,.;....; . '" nj -..; '" "'<'>/ ~ "'''''''OOl.''''''''~''''''~o.. _..<0"''' "...<<I",:::!:? 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I'::J , II': ~1'> - -Zi69'Jl1,,(j)::r;;-~;":-- OOH NlWI J o~ - lil~ VI I,j IJ~N~(I:) ~1j~~~ori~~ 0!:;: ~ "3 8Z (J 's /.17 1 II Gf-- Cr: ZZ NOI1JJ$ ~ ; , ~ I) , ~ ~ ,~ , /,,-..QZ 09 (j~9T 1 .?r 6Q.OO 5 I" ,~ Agenda Item No. 16A13 November 18, 2008 Page 48 of 60 EXHIBIT B TO STEWARDSHIP EASEMENT AGREEMENT CLH SSA 14-Land Depicted on Map of SSA Land II ~ !! I... ----,----~--------.~~."~- ZQj~: ~ E ~ . ,..___.__....__.__ :t::m r~,.,,; ~ ~ t>"" cZ ~ <J) :t V '<: "'ti' '~ii1. . :..=--,:......ji "'~"'\1i/?~_'"''<<'';'''::-,~,t;,'1''(..,:,''.,. ~i{j ,', ~,"" ';'[');,fc;;::'.\\,~;~'~'1',\,-., "" '.., "~''''''''d'l ....""'. ..... -, '::';j.:;' :~',,, ';~~~~~~;\l ...~..:ii~..., --~_...,....~-,...~. ;<:01,1 ~ ......... ._- I .. ...__iSL,........ I , I ::i~' f.i;:;I: i ! i , ..!l ..- :';::,:, ~[;;li:4't;l:I'.;,j;; k .g, ~ "t 1 , i > """'lMIlrt~,,: ,U](~~~~"[\ L_..__...._.... _, 1 f".......~Wt_ " .t ~ ,-~ Agenda Item No. 16A13 November 18, 2008 Page 50 of 60 EXHIBIT C TO STEWARDSHIP EASEMENT AGREEMENT eLH SSA 14-Retained Land Uses Map 12 ""roo ~0(O -0:0_ (ON 0 ~cO;;; o~ Z~<D <DO) E.Q m <DEo.. =e<D m> '00 cZ <D 0) -0: Agenda Item No. 16A 13 November 18, 2008 Page 52 of 60 EXHIBIT D TO STEWARDSHIP EASEMENT AGREEMENT Legal Description of CLH SSA 14 Lands 13 - iool....r .....' ....,. ....... ...... ........ ........ -"..... I....'" Agenda Item No. 16A13 AG-1 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24: THENCE NORTH 00025'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E. 503786.03 N. 739342.64, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00025'14" EAST A DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 89'46'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688,38 FEET; THENCE NORTH 89043'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 01.34'03" EAST ALONG THE EAST LINE OF SAID SECTION 14 A DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14; THENCE NORTH 85.22'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89049'46" WEST A DISTANCE OF 1042.06 FEET; THENCE LEAVING SAID LINE SOUTH 23.46'27" EAST ALONG THE BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2496, PAGE 860 A DISTANCE OF 730.87 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76.14'46" EAST A DISTANCE OF 185.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24.38'00" EAST A DISTANCE OF 539.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53.11'32" WEST A DISTANCE OF 757.15 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55.31'11" WEST A DISTANCE OF 2059.38 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35.38'26" WEST A DISTANCE OF 185.75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 14; THENCE SOUTH 00.10'27" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 2699.98 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST CORNER OF SAID SECTION 23; THENCE SOUTH 00.09'52" EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 A DISTANCE OF 2514 67 FEET; THENCE LEAVING SAID LINE NORTH 37"34'03" EAST A DISTANCE OF 189.51 FEET; THENCE NORTH 40054'34" EAST A DISTANCE OF 400.24 FEET; THENCE SOUTH 75046'04" EAST A DISTANCE OF 831.95 FEET; THENCE SOUTH 33'53'45" EAST A DISTANCE OF 505.35 FEET; THENCE SOUTH 32'29'39" EAST A DISTANCE OF 493.75 FEET; THENCE SOUTH 31'22'16" EAST A DISTANCE OF 98.72 FEET; SHEET 2 OF 3 ... Agenda Item No. 16A 13 November 18, 2008 Page 54 of 60 THENCE SOUTH 22"47'19" EAST A DISTANCE OF 745.61 FEET; THENCE SOUTH 20"56'19" EAST A DISTANCE OF 478.90 FEET; THENCE SOUTH 03"50'20" WEST A DISTANCE OF 85.72 FEET; THENCE SOUTH 50"52'47" WEST A DISTANCE OF 223.93 FEET; THENCE SOUTH 51"02'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY FROM AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF IMMOKALEE ROAD (SR-846 -100' RIGHT OF WAY); THENCE ALONG SAID PARALLEL LINE SOUTH 89.42'14" EAST A DISTANCE OF 1409.00 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89"42'16" EAST A DISTANCE OF 2661.70 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89036'19" EAST A DISTANCE OF 2696.18 FEET; THENCE CONTINUING AlONG SAID PARAlLEL LINE SOUTH 89.44'07" EAST A DISTANCE OF 2676.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1713.51 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, AGNOLl, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS p~ ,,(., .,?;;JI'., j1" /'1 " ': i><~"/"' J/?1"'",_, 'GEO E W. HACK~Y P.S.M. 5606 REF. ASB DWG #10042 AG-1 SD.DWG 10042 AG-1 SO.RTF SHEET 3 OF 3 " ",roo ~O<D <(0_ <DNO ~ -U) ci~l.!1 z~'" "''''' E.o t\l ",ED.. "'''' t\l > ",0 c:Z '" OJ <( ~ -==-z--<=c ~ u " .., ;;.., ~8 "'i'1 "'.0 ." is''' ", ,,;:; ~~ ,w <ti (j Q , .., ., w ~~ -~ ,,~ a tivi ~, "'< h "'....."'...."''''....1.u0tc'''-"",it ~8;'; ~ ~''''!e'~ ~'"........ ~ ~ -", ...io;.,~"'... '" ~.".- "'''' ~!"'l!'>;OO-v>I'<I'<:*I"i"~~:O-:* ::;~~~~;p;:;~~cn'l<i~~ ~ ~.,,"'''''''V1''''''''''''''''''2 ~ ;_ ... ",....", ".<> ",..,,,, 0", "'''!'''''l''~..,''',,'''..,Cl~ ~ ~~~~;~~~l(l~~~~ , ~_ "'..,.. 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" , ~~ ~:;: ^", <" -, ." ~J~ "" ~, "c><>:: .0 ) " , . ~ " >- ~I~ ~ ~~ ~ 50 e~5~ ~~:~ ~...,,-,<..l r:><'-'", ~:l~ ,=,,-,-,'1: :l ~ " ~~ -'" iS~ CV1" '"' "'. ~ ~ ~ ~ unl<;l 09'/.'G9':: j _~~.60.01! ~. '0 ~ V'll."j 5r--.C\l j::: v <e, Ll....,} ~ . v, (1'[,[1<,;; ] _a,OI.u<' oS , f/666'it. 1 Jt,QUlO ~ \ .<;6tl Sl_lg~~-~ dVJ l' OOH NOCIl .~ O:i ] HZ 1:1 's .'.1> .1 <:;/ ,\'Ou:;X; c " " . ~ u ~ ,..: Z -t; ; ~ ~;:J t:.:l 0 t:l=< \.!:I z ~C\lS -< 0 ~ao ~ ~ ~~~ ::s:" ..;(i!_ en i;;l-.... -~ ,~~ IoJ I tII~z - ClClZ5;;> tf.Ie<OoO oa:c toot.> p.. ~r-~ ~ r3 :"'3 E-I~ o~o Z 12 ~<lJU ~ II> ~~ '" ~o '" ~ :l .... 01 u, ~ 1~ mE "" :li:I;: .!!.Jl:Q.:t, ~!!a 10 , "'i:l" .. i!~. ~ ~li ~z.:J. .!il: ~~g; 5 s; ~ r;: "2'~, ~ ~~.. -"P.gi i .16 ~ olitA'" <I; ...r ~ Q :~I. :3 ~ Zo,s,,;; o CCl ~ ~1lC:;:' Z ~ l%; II..,! ~ l-' ~ Oi.!i-..:: . ...:=.~~f; ......... II t ! ~ ............. ... !!i I:::::::: ~ :!.!! ~ o N o o ~ N U.. ..~~. : ~~]... g' ~ " v dlf~ 31Uoe 1P 11';'/01 cu r;;z NOU:)3S IHNWJ:> lSV3HH:fON i<;;;:c:;rr;; , ."I.~.l.OO /oj ":J'O'd ".;:Ol. 'S"Od w <~ "'" ,,~ a i=:tt)' " w~ '>. h l/Hn; M - .or.lioo s. w "'''' "'''' Z~ a Co'" " ~, '" . h \ f9"(i9'l{ J .{lo.rLoo S COIJ NOIII.! Q.! 1c-1J1NIJO:J 1J31~~Il~O~i~ 8(; H "S /v 1. ,,{, NOU:r;JS i. -_.._-_.._-'~_..,-~~~.............-.,~-~---~ Age a lterrEXtl1BlT3 ' vemberriB, 2008 ' P<l,ge '66 of 60 , ,. "1 1'1'" I':~ t -., v.. \. . ESCROW AGREEMENT This ESCROW AGREEMENT is made as of the _ day of , 2008 by and between Collier County, a political subdivision of the State of Florida ("County"), Collier Land Holdings Limited, a Florida limited partnership ("CLH") and GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A., (the "Escrow Agent"). RECITALS WHEREAS, CLH is the owner of approximately one thousand seven hundred thirteen and five tenths (1,713.5) acres of land within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application 2007-AR-12490 ("SSA Designation Application") filed by Ownef with Collier County, Florida; and WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related to CLH, has submitted applications to Collier County, South Florida Water Management District and the United States Department of Army, Corps of Engineers for authorization to develop the Town of Big Cypress located within the RLSA District consistent with the provisions of Sections 4.08.06 and 4.08.07 of the Collier County land Development Code; WHEREAS, CEMI has advised Collier County that the Town of Big Cypress will be developed consistent with the provisions of Section 4.08.07 ofthe Collier County Land Development Code, which will include the submittal of a Stewardship Receiving Area (SRA) application pursuant to Section 4.08.07 of the Collier County Land Development Code; WHEREAS, in order to develop the Town of Big Cypress in accordance with Section 4.08.07, CEMI is required under Section 4.08.07 to exchange Stewardship Credits granted under Section 4.08.06 for the additional residential or non-residential entitlements necessary to develop the Town as a SRA; WHEREAS, the Owner submitted a SSA Designation Application requesting that the one thousand seven hundred thirteen and five tenths (1,713.5) acre parcel (hereinafter referred to as "CLH SSA 14") be designated as a Stewardship Sending Area in accordance with and pursuant to Section 4.08.06 of the Collier County Land Development Code, and to establish Stewardship Credits that would be available for CEMI to develop the Town of Big Cypress SRA; and WHEREAS, Collier County reviewed SSA Designation Application, determined that the application was legally sufficient and would generate 2,515.7 Stewardship Credits under the provisions of Section 4.08.06; and WHEREAS, the County, CLH and CEMI acknowledge and agree that the issuance of final, non-appealable governmental authorizations, including County approvals, necessary to develop the Town of Big Cypress SRA consistent with the provisions of Section 4.08.07 will be issued subsequent to the County approval of CLH SSA 14 and the Town of Big Cypress SRA; and WHEREAS, the County and CLH agree that CLH SSA 14 is approved and generates 2,515.7 Stewardship Credits subject to the terms and conditions of this Escrow Agreement; and SSA 14 Escrow Agreement 1Q-15-08.Doc Escrow Agreement - Page 1 of 5 Agenda Item No. 16A 13 November 18, 2008 Page 57 of 60 WHEREAS, CLH agrees to interim land use limitations on CLH SSA 14 as set forth in this Escrow Agreement until the Stewardship Sending Area Credit Agreement and Stewardship Easement Agreement are recorded or terminated pursuant to the terms of this Escrow Agreement. 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. Recitals: The above recitals are true and correct and incorporated herein by reference. 2. Tender of Documents: CLH and County shall execute and deliver to the Escrow Agent the Stewardship Sending Area Credit Agreement - CLH SSA 14 Credit Agreement and Stewardship Easement Agreement CLH SSA 14 ("Documents"). 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, federal permits, other than a plat, site development pian 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 In the event the approvals referenced above in this section are not delivered to the Escrow Agent on or before November 18, 2013, 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. 4. In the event the Escrow Agreement is terminated as noted above, all affirmative obligations and negative covenants contained in the Documents shall be null and void without further action from the parties hereto, the land shall revert to its underlying zoning classification prior to the effective date of the Documents, and the Town of Big Cypress SRA shall be terminated. If requested by CLH, Collier County shall provide a written release and termination of this Agreement and the Documents for recording in the public records within fifteen (15) days of the request from CLH. Collier County shall update the overlay map to reflect the termination of CLH SSA 14 or any SRA. 5. Interim Land Use Limitations, CLH agrees to the elimination of land use layers and the land management measures set forth in the Documents during the term of this Escrow Agreement. Within 30 days of approval of the Stewardship Sending Area Credit Agreement, CLH shall record in the public records of Collier County a notice of these interim land use restrictions in a form acceptable to the County. S$A 14 Escrow Agreemeflt 10-15-0B.Doc Escrow Agreement - Page 2 of 5 ~:;' Agenda Item No. 16A13 November 18, 2008 Page 58 of 60 6. Escrow AGent ObliGations and Indemnitv: The County and CLH shall hold the Escrow Agent harmless of and from the release or failure to release the documents by the Escrow Agent for any reason whatsoever as a result of this Escrow Agreement, except for as a result of the willful misconduct or gross negligence of the Escrow Agent. The Escrow Agent is authorized to rely on any document believed by the Escrow Agent to be authentic in making delivery of documents hereunder. 7. Amendment: This Escrow Agreement may not be modified, amended or altered in any way except by an amendment signed by the County and CLH and acknowledged by the Escrow Agent. 8. GoverninG Law: This Escrow Agreement and all matters pertaining hereto shall be governed by and construed in accordance with the laws of the State of Florida. 9. Attornevs' Fees: In connection with any litigation concerning this Escrow Agreement, the prevailing party shall be entitled to recover reasonable attorneys> fees, paralegal fees and costs, including such that may be incurred at the appellate level. 10. Reoresentation: The County acknowledges and agree that GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA represents CLH and may continue to do so whiie 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, PA as Escrow Agent and such representation of CLH by GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA 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, PA on behalf of any such party or the ability of GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA to adequately represent the interest of any such party. 11. Bindinq Aqreement: This Escrow Agreement shall bind all successors and shall inure to the benefit of heirs, executors, administrators or other successors in interest of the parties hereto. 12. interoleader: Notwithstanding any other provision herein to the contrary, if there is any dispute between the County and CLH as to the documents held hereunder, the Escrow Agent may, in the Escrow Agent's sole discretion, interplead the documents with the Circuit Court of Collier County be relieved of any further responsibility to the County and CLH pursuant to this Agreement. 13. Counterparts and Execution: 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. - .' / SSA 14 Escrow Agreement 10-15-0B.Doc Escrow Agreement - Page 3 ,of 5 Agenda Item No. 16A13 November 18, 2008 Page 59 of 60 ~ IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agreement to be executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above, ATTEST: BOARD OF COUNTY COMMISS lONERS COLLIER COUNTY, FLORIDA COLLIER COUNTY CLERK OF COURTS By: By: Tom Henning, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Heidi Ashton-Cicko, Assistant County Attorney Land Use Section, Chief WITNESS: COLLIER LAND HOLDINGS, L TO. a Florida Limited Partnership By: Collier Enterprises, Inc. a Fiorida Corporation, It's Gefler71 Partner By: /:/?-.- - . _ ; Printed Name: ..4;1;/:>"4.,L ,J l~ ,'Le:.. Title; !/' i...-L- ,r~. '~"L (Signature) (Print full name) (Signature) (Print full name) SSA 14 Escrow Agreement 10.15-0B.Doc Escrow Agreement - Page 4 of 5 ,-.", ,.. , Agenda Item No. 16A 13 November 18, 2008 Page 60 of 60 STATE OF FLORIDA COUNTY OF COLLIER \\(""",,,, MICHELEW.CASWEU. !~'iI'''~, M'I COMMISSION I OD 595115 \:.\~A;;J EXPIRES: January. 14, 2011. \ '"-1.:('''~'' BondedThruNolll~PyblicUnc\8Mri\llTS !!- . ,,:r.:::__"_'.\;oi";;;;~-"-:;--';;;;'- . ESCROW AGENT: GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. '"l By: Richard D. Yovanovich Its: Date: SSA 14 Escrow Agreement 10-15-08.Doc Escrow Agreement - Page 50f 5 . I.J