Agenda 10/27/2020 Item #16A 9 (CLH SSA 14)16.A.9
10/27/2020
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2017-184, relating to the Stewardship
Sending Area with a designation as "CLH SSA 14"; approving the extension of certain dates to
November 18, 2021, in the Stewardship Sending Area credit agreement for CLH SSA 14 and the
Escrow agreement for CLH SSA 14.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution to amend
Resolution 2017-184, which extended Stewardship Sending Area (SSA) 14 conditionally for an additional
three-year period, to allow for that conditional period to be extended for an additional one year to
November 18, 2021. If the extension is denied, SSA 14 will expire on November 18, 2020.
CONSIDERATIONS: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area (RLSA), which has been recognized in Florida, regionally, and nationally for the
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.
On November 18, 2008, the Board during an advertised public hearing adopted Resolution 2008-331,
which designated 1,713.5 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "CLH SSA 14".
Additionally, the Resolution approved a credit agreement for CLH SSA 14, approved an easement
agreement for CLH SSA 14, approved an escrow agreement, and established the number of Stewardship
Credits generated by the designation of said Stewardship Sending Area.
LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA application and SSA
Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the
stewardship easement applicable to such lands, shall be provided to the Collier County Property
Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records.
The applicant proposed to hold the easement in escrow and to record the easement when all permits and
authorizations had been obtained for the Town of Big Cypress SRA, which was to occur by November
18, 2013, or the SSA Credit Agreement and Stewardship Easement Agreement were to be null and void.
At the September 10, 2013, Public Hearing, the Board adopted Resolution 2013-199, which extended the
conditional period for SSA 14 an additional year to November 18, 2014. At the September 23, 2014,
BCC Public Hearing, the Board adopted Resolution 2014-186, which extended the conditional period for
SSA 14 an additional three years to November 18, 2017. The applicant indicated that the creation of the
Stewardship Receiving Area (SRA) for the Town of Rural Lands West (the development the credits from
SSA 14 have been designated to entitle) had been delayed due to the complexity of the regulatory regime
and the multiple governmental and quasi -governmental actors involved in such approvals. The Town of
Rural Lands West was subsequently split into three village applications that have also experienced delays
leading to this request for an extension. The attached Resolution would amend the existing credit and
escrow agreement to extend the SSA an additional one year until November 18, 2021. It should be noted
that the Stewardship Receiving Area (SRA) application for the Longwater Village SRA is currently an
active application within the review process and proposes to use credits from SSA 14.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Rural Lands Stewardship Area Overlay in
the Future Land Use Element (FLUE) establishes the process and requirements for the establishment of
SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are designated
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16.A.9
as SSAs. This land use and growth management tool is implemented through the Rural Lands
Stewardship Area Zoning Overlay.
SSA 14 is designed to utilize the stewardship credits from this SSA to partially enable the development of
the proposed Rural Lands West SRA. Accordingly, the applicant for SSA 14 had established an Escrow
Agreement which delayed the recordation of the Easement Agreement into public records until such time
that all requirements in the Escrow Agreement and the SRA Credit Agreement provisions of the LDC
were satisfied. The County Attorney required the recording of the notice of restrictions until the easement
is recorded consistent with the intent of the LDC.
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item. The Owner will
pay for the recording of the Amendment of Land Use Limitations.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is needed
for Board approval. - HFAC
STAFF RECOMMENDATION: To adopt the resolution amending the Escrow agreement and the
Credit agreement for SSA #14, to extend that agreement conditionally for an additional one year and
subject to receipt of the recorded amended notice of restrictions within 30 days of board approval of the
Executive Summary.
Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Fourth Amendment to Credit Agreement - SSA 14.001_JC Edits (003) (DOC)
2. Fourth Amendment to Escrow Agreement - SSA 14.001_JC Edits (003) (DOCX)
3. SSA 14 Proposed Resolution - 10-20-20 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doe ID: 13995
Item Summary: Recommendation to adopt a Resolution amending Resolution 2017-184, relating
to the Stewardship Sending Area with a designation as "CLH SSA 14"; approving the extension of certain
dates to November 18, 2021, in the Stewardship Sending Area credit agreement for CLH SSA 14 and the
Escrow agreement for CLH SSA 14.
Meeting Date: 10/27/2020
Prepared by:
Title: Operations Analyst — Planning Commission
Name: Diane Lynch
10/21/2020 11:58 AM
Submitted by:
Title: Manager - Planning — Zoning
Name: Ray Bellows
10/21/2020 11:58 AM
Approved By:
Review:
Growth Management Department
Growth Management Department
Growth Management Department
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Diane Lynch
Level 1 Reviewer
James C French
Deputy Department Head Review
Jeanne Marcella
Department Head Review
MaryJo Brock
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Leo E. Ochs
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
10/21/2020 12:45 PM
Completed
10/21/2020 12:55 PM
Completed
10/21/2020 1:06 PM
Skipped
10/21/2020 12:55 PM
Completed
10/21/2020 1:27 PM
Completed
10/21/2020 3:25 PM
10/27/2020 9:00 AM
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Mel" 914 0:II1/ 1040 117u 10I011111"I;
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH SSA 14)
THIS AMENDED & RESTATED STEWARDSHIP SENDING AREA CREDIT
AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day
of , 2020, 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, Collier Land Holdings, Ltd., a Florida limited
partnership ("CLH") whose mailing address is 2550 Goodlette Road North, Suite 100, Naples, Florida
34103, and Gargiulo, Inc., a Foreign Profit Corporation ("Gargiulo") u�) whose mailing address is 15000
Old U.S. 41 North, Naples, Florida 34110, hereinafter individually and jointly referred to as "Owner".
WITNESSETH:
WHEREAS, the County and CLH entered into a Stewardship Sending Area Credit Agreement
("CLH SSA 14") on November 18, 2008 and Collier County adopted Resolution No. 2008-331; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-199, the County approved an
amendment to the Agreement to extend certain dates by one (1) year; and
WHEREAS, on September 23, 2014, by Resolution No. 2014-186, the County approved the
Second Amendment to Agreement, which Second Amendment extended the date by which the SSA 14
stewardship credits must be exchanged for development of the Town of Rural Lands West SRA to
November 18, 2017 ("Deadline").
WHEREAS, on October 10, 2017, by Resolution No. 2017-184, the County approved the
Third Amendment to Agreement, which Third Amendment extended the date to November 18, 2020
("Deadline"); and
WHEREAS, due to the complexity of the regulatory regime and the multiple governmental
and quasi -governmental actors involved in such approvals, CLH and Gargiulo desires to extend the
Deadline, as more particularly set forth herein.
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. Restriction on Land Use Amendments. Paragraph 8 of the Stewardship Area Credit Agreement
(CDC SSA 14) is hereby amended to read as follows:
Upon designation of the land described in Exhibit "A" as an SSA, the Owner shall not
seek or request, and the County shall not grant nor approve, any increase in the density or any
additional uses beyond those specified in this Agreement. Six hundred sixty five and two tenths
(665.2) acres of the lands subject to this Agreement are within a Habitat Stewardship Area (HSA) and
Words struck hFu are deleted and words added are underlined.
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one thousand forty eight and two tenths (1,048.2) acres of the lands subject to this Agreement are
within a Flow Way Stewardship Area (FSA) and one tenth (0.1) acres of Water Retention Area (WRA)
depicted on the RLSA Overlay Map, officially entitled "Collier County Rural and Agricultural Area
Assessment Stewardship Overlay Map". Upon designation of these lands as an SSA, the Owner shall
neither seek nor request, and the County shall not in violation of Sections 4.08.06, 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- 14,2�
November 18, 2021 unless the CLH SSA 14 Stewardship Credits have been exchanged for the
Longwater Village SRA, and the Longwater Village SRA has received all necessary final and non -
appealable local, state and federal permits other, than a plat, site development plan or building permits
or necessary to construct the Longwater Village SRA. All affirmative obligations and negative
covenants contained in this Agreement and the Stewardship Easement shall be null and void upon such
termination without further action from the parties hereto. Upon such termination the land shall revert
to its underlying zoning classification as of the date of the original Agreement, free and clear of any
encumbrance from the Stewardship Easement. If requested by the Owner, Collier County shall
provide a written release and termination of this Agreement and the Stewardship Easement for
recording in the public records within fifteen (15) days of the request from the owner. Collier County
shall update the overlay map to reflect the termination of CLH SSA 14 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
Signatures appear on the following pages.
Signatures appear on the following pages.
2
Words struckthru are deleted and words added are underlined.
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IN WITNESS WHEREOF, the parties hereto have caused this 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 COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and legal sufficiency:
Heidi Ashton-Cicko, Assistant
Managing Assistant County Attorney
Burt L. Saunders, Chairman
Words: are deleted and words added are underlined.
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1VAT"NI1 &MI
(Signature)
(Print full name)
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
COLLIER LAND HOLDINGS, LTD.
a Florida Limited Partnership
By: Collier Enterprises, Inc.
a Florida Corporation,
its General Partner
By:
Printed Name:
Title:
The foregoing instrument was executed before me by means of _physical presence or _online
notarization this day of , 2020, by , as
of Collier Enterprises, Inc., the general partner of Collier Land Holdings,
Ltd., said person being personally known to me or produced as identification.
(SEAL)
Notary Public
Name:
My Commission expires:
4
Words struckthru are deleted and words added are underlined.
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WTTNFC C
(Signature)
(Print full name)
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
GARGIULO, INC.
a Foreign Profit Corporation
By:
Printed Name:
Title:
The foregoing instrument was executed before me by means of physical presence or
online notarization this day of , 2020, by , as
of Gargiulo, Inc., a Foreign Profit Corporation, who is personally
known to me or _ produced as identification.
Notary Public
Name:
Certificate No.
My Commission expires:
5
Words struckthru are deleted and words added are underlined.
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16.A.9.b
FOURTH AMENDMENT TO
ESCROW AGREEMENT
This FOURTH AMENDMENT TO ESCROW AGREEMENT ("Escrow Agreement") is made as
of the day of , 2020 by and between Collier County, a political subdivision of the State
of Florida ("County"), Collier Land Holdings Ltd., a Florida limited partnership ("CLH") and Gargiulo,
Inc., a Foreign Profit Corporation ("Gargiulo") whose mailing address is 15000 Old U.S. 41 North, Naples,
Florida 34110, hereinafter individually and jointly referred to as "Owner" and COLEMAN,
YOVANOVICH & KOESTER, P.A., (the "Escrow Agent"). The County, CLH and Escrow Agent are
collectively referred to herein as the "Parties".
RECITALS
WHEREAS, County, CLH and Escrow Agent's Predecessor entered into an Escrow Agreement
on November 18, 2008, as subsequently amended, pertaining to the Stewardship Sending Area designated
as CLH SSA 14 ("Escrow Agreement"); and
WHEREAS, on September 10, 2013 the County, by Resolution No. 2013-199, approved the First
Amendment to the Escrow Agreement to extend certain dates by one (1) year and a change in the name of
the escrow agent; and
WHEREAS, on September 23, 2014 the County, by Resolution No.2014-186, approved the
Second Amendment to Escrow Agreement, which Second Amendment extended the date by which CLH
must deliver certain approvals to Escrow Agent to November 18, 2017 ("Deadline"); and
WHEREAS, on October 10, 2017 the County, by Resolution No.2017-184, approved the Third
Amendment to Escrow Agreement, which Third Amendment extended the date to November 18, 2020; and
WHEREAS, due to the complexity of the regulatory regime and the multiple governmental and
quasi -governmental actors involved in such approvals, CLH and Gargiulo desires to extend the Deadline,
as more particularly set forth herein; and
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:
Paragraph 3 of the Escrow Agreement is amended to read as follows:
3. The Escrow Agent shall deliver the original Documents to the County for recording in the
public records of Collier County within thirty (30) days of presentment of the following by
CLH:
a. An approved SRA for the Longwater Village SRA 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 development orders, permits, or other
discretionary approvals necessary to construct the Longwater Village SRA
WordsStFUGk F are deleted and words added are underlined.
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16.A.9.b
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 beforeNovember- 19 'n'n November 18, 2021, 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.
2. Except as Amended hereby, the Escrow Agreement dated November 18, 2008 remains in full
force and effect.
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.
Signatures appear on the following pages.
2
WordsStFUGk F are deleted and words added are underlined.
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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:
COLLIER COUNTY CLERK OF COURTS
APPROVED AS TO FORM AND
LEGAL LEGALITY:
1.2
Heidi Ashton-Cicko,
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LIM
Burt L. Saunders, Chairman
3
WordsStFUGk F are deleted and words added are underlined.
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WITNESS:
(Signature)
(Print full name)
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
COLLIER LAND HOLDINGS, LTD.
a Florida Limited Partnership
By: Collier Enterprises, Inc.
a Florida Corporation,
its General Partner
By:
Printed Name:
Title:
The foregoing instrument was executed before me by means of --Physical presence or online
notarization this day of , 2020, by , as
of Collier Enterprises, Inc., the general partner of Collier Land Holdings, Ltd.,
said person being personally known to me or produced as identification.
(SEAL)
Notary Public
Name:
My Commission expires:
4
WordsStFUGk F are deleted and words added are underlined.
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16.A.9.b
WTTNFC C
(Signature)
(Print full name)
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
GARGIULO, INC.
a Foreign Profit Corporation
By:
Printed Name:
Title:
The foregoing instrument was executed before me by means of _physical presence or
online notarization this day of , 2020, by ,
as of Gargiulo, Inc., a Foreign Profit Corporation.
Notary Public
Name:
Certificate No.
My Commission expires:
5
WordsStFUGk F are deleted and words added are underlined.
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16.A.9.b
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its:
Date:
6
Words StFUGk thru are deleted and words added are underlined.
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16.A.9.c
RESOLUTION NO. 2020-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
2008-331, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS "CLH SSA 14";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2021 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CLH SSA 14.
WHEREAS, on November 18, 2008, by Resolution No. 2008-331, the Board of County
Commissioners created a Stewardship Sending Area with a designation of "CLH SSA 14" and
entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement
and an Escrow Agreement with Collier Land Holdings, Ltd.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-199, the Board of County
Commissioners approved the extension of certain dates to November 18, 2014 in the
Stewardship Sending Area Credit Agreement and the Escrow Agreement for CLH SSA 14; and
WHEREAS, on September 23, 2014, by Resolution No. 2014-186, the Board of County
Commissioners approved the extension of certain dates to November 18, 2017 in the
Stewardship Sending Area Credit Agreement and Escrow Agreement for CLH SSA 14, which
was further extended to November 18, 2020; and
WHEREAS, Collier Land Holdings, Ltd., represented by Richard Yovanovich, Esquire
of Coleman, Yovanovich & Koester, PA, has requested an extension to certain time frames to
November 18, 2021 in the Stewardship Sending Area Credit Agreement for CLH SSA 14 and the
Escrow Agreement for CLH SSA 14; and
WHEREAS, the Board of County Commissioners agrees to the requested extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The fourth amendment to the Stewardship Credit Agreement for CLH SSA 14,
attached hereto as Exhibit 1, is hereby approved.
2. The fourth amendment to the Escrow Agreement for CLH SSA 14, attached hereto
as Exhibit 2, is hereby approved.
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This Resolution adopted after motion, second and majority vote, this 27th day of October,
2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
Attachments:
Exhibit 1 — Fourth Amendment to Stewardship Credit Agreement for CLH SSA 14
Exhibit 2 — Fourth Amendment to Escrow Agreement for CLH SSA 14
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