Agenda 10/27/2020 Item #16A10 (CLH & CDC SSA 16)10/27/2020
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2017-186, relating to the Stewardship
Sending Area with a designation as "CLH and CDC SSA 16"; approving the extension of certain
dates to November 18, 2021, in the Stewardship Sending Area credit agreement for CLH and CDC
SSA 16 and the Escrow agreement for CLH and CDC SSA 16.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution, amending
Resolution 2017-186, which extended Stewardship Sending Area (SSA) 16 conditionally for an additional
three-year period, to allow that conditional period to be extended for an additional one year to November
18, 2021. If the extension is denied, SSA 16 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 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 (GMP) amendment based upon that assessment.
On November 18, 2008, the Board during an advertised public hearing adopted Resolution 2008-330,
which designated 5,259 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "CLH and CDC
SSA 16". Additionally, the Resolution approved a credit agreement for CLH and CDC SSA 16, approved
an easement agreement for CLH and CDC SSA 16, approved an escrow agreement, and established the
number of Stewardship Credits generated by the designation of said Stewardship Sending Area.
LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA application and SSA
Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the
stewardship easement applicable to such lands, shall be provided to the Collier County Property
Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records.
The applicant proposed to hold the easement in escrow and to record the easement when all permits and
authorizations had been obtained for the Town of Rural Lands West 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 2013-201, which extended the
conditional period for SSA 16 an additional year to November 18, 2014. At the September 23, 2014
Public Hearing, the Board adopted Resolution 2014-188, which extended the conditional period for SSA
16 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 that the credits
from SSA 16 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 extension. The attached Resolution would amend the
existing credit and escrow agreement to extend the SSA an additional one year until November 18, 2021.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Rural Lands Stewardship Area Overlay in
the Future Land Use Element (FLUE) establishes the process and requirements for establishment of
SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are designated
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as SSAs. This land use and growth management tool is implemented through the Rural Lands
Stewardship Area Zoning Overlay.
Credits generated from SSA 16 are not currently proposed to be used for a pending SRA application.
Accordingly, the applicant for SSA 16 had established an Escrow Agreement which delayed the
recordation of the Easement Agreement into public records until such time that all requirements in the
Escrow Agreement and the SRA Credit Agreement provisions of the LDC were satisfied. The County
Attorney required the recording of the notice of restrictions until the easement is recorded consistent with
the intent of the LDC.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. 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
RECOMMENDATION: To adopt the resolution amending the Escrow agreement and the Credit
agreement for SSA 16, extend the agreement conditionally for an additional one year, subject to receipt of
the recorded amended notice of restrictions within 30 days of Board approval.
Prepared by: James Sabo, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Attachment A Fourth Amendment to Escrow Agreement - SSA 16 (PDF)
2. Attachment B Fourth Amendment to Credit Agreement - SSA 16 (PDF)
3. Attachment C SSA 16 Resolution - 10272020 (PDF)
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16.A.10
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doe ID: 13991
Item Summary: Recommendation to adopt a Resolution amending Resolution 2017-186, relating
to the Stewardship Sending Area with a designation as "CLH and CDC SSA 16'; approving the extension
of certain dates to November 18, 2021 in the Stewardship Sending Area credit agreement for CLH and
CDC SSA 16 and the Escrow agreement for CLH and CDC SSA 16.
Meeting Date: 10/27/2020
Prepared by:
Title: — Zoning
Name: James Sabo
10/21/2020 11:01 AM
Submitted by:
Title: Manager - Planning — Zoning
Name: Ray Bellows
10/21/2020 11:01 AM
Approved By:
Review:
Growth Management Department
Zoning
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Judy Puig
Level 1 Reviewer
Ray Bellows
Additional Reviewer
Jeanne Marcella
Department Head Review
James C French
Deputy Department Head Review
Judy Puig
Level 2 Attorney of Record 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 11:08 AM
Completed 10/21/2020 11:23 AM
Completed 10/21/2020 12:43 PM
Completed 10/21/2020 12:55 PM
Skipped 10/21/2020 12:39 PM
Skipped 10/21/2020 12:55 PM
Completed 10/21/2020 1:28 PM
Completed 10/21/2020 3:25 PM
10/27/2020 9:00 AM
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FOURTH AMENDMENT TO
ESCROW AGREEMENT
This FOURTH AMENDMENT TO ESCROW AGREEMENT is made as of the day of
2020 and between Collier County, a political subdivision of the State of Florida ("County"), CDC
Land Investments, Inc., a Florida Corporation ("CDC") and COLEMAN, , YOVANOVICH & KOESTER,
P.A. (the "Escrow Agreement").
RECITIALS
WHEREAS, Collier County, CDC and Escrow Agent's Successor entered into an Escrow F:
Agreement on November 18, 2008, as subsequently amended, pertaining to the Stewardship Sending Area
designated as CDC SSA 16 ("Escrow Agreement"); and Q
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WHEREAS, on September 10, 2013 the County approved the First Amendment to the Escrow Q
Agreement to extend certain dates by one year; and Cn
WHEREAS, on September 23, 2014, the County approved the Second Amendment to Escrow
Agreement, which Second Amendment extended the date by which CDC must deliver certain approvals to
Escrow Agent to November 18, 2017 ("Deadline"); and
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WHEREAS, on October 10, 2017, the County approved the Third Amendment to Escrow y
Agreement, which Third Amendment extended the date to November 18, 2020; and y
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WHEREAS, due to the complexity of the regulatory regime and the multiple governmental and E
quasi -governmental actors involved in such approvals, the Parties desire to extend the Deadline, as more
particularly set forth herein; and Q
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NOW THEREFORE, in consideration of the mutual promises and other good and valuable o
consideration, the receipt and sufficiency of which are hereby acknowledge, the parties hereto agree as w
follows: o
1. Paragraph 3 of the Escrow Agreement is amended to read as follows:
The Escrow Agent shall deliver the original Documents to the County for recording in the
public records of Collier County upon presentment of the following by CDC:
a. An approved SRA for a future SRA which requires the exchange of Stewardship Credits
from CDC SSA 16 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 a future SRA consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code; and
In the event the approvals referenced above I this section are not delivered to the Escrow Agent on
or before N ve er- 18 November 18, 2021, this Escrow Agreement shall terminate and the
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original Documents shall be returned to CDC. If a challenge and/or appeal of a necessary
development order, permit or other discretionary approval is filed, CDC and County may elect to
extend the Escrow Agreement by written agreement until the challenge or appeal is finally resolved.
If the challenge or appeal is not resolved such that the construction may commence under terms
acceptable to CDC, CDC may within 180 days of the final disposition of the challenge or appeal
terminate the Escrow Agreement.
2. Except as amended herein, 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.
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Words struck thru 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
By:
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legal sufficiency:
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Heidi Ashton-Cicko, Assistant c°n'
Managing Assistant County Attorney
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16.A.10.a
1VAT"NI1 &MI-1 1
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
CDC LAND INVESTMENT, INC.
a Florida Corporation
By:
Print Name:
Title:
The foregoing Credit Agreement was executed by means of _ physical presence or _online Cn
notarization before me this day of , 2020, by as T-
of CDC Land Investments, Inc., said person being personally known to me or M
produced as identification.
Notary Public
Name:
Certificate No.
M Commission expires:
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its:
Date:
4
Words struck thru are deleted and words added are underlined.
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FOURTH AMENDMENT TO STEWARDSHIP SENDING AREA CREDIT
AGREEMENT
(CDC SSA 16)
THIS FOURTH AMENDMENT TO STEWARDSHIP SENDING AREA
CREDIT AGREEMENT (hereinafter referred to as the ("Amendment") 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, and CDC
Land Investments, Inc., a Florida Corporation ("CDC") hereinafter individually and jointly
referred to as ("Owner"), whose mailing addresses are 2550 Goodlette Road North, Suite 100,
Naples, Florida 34103.
WITNESSETH:
WHEREAS, Owner submitted, and the County reviewed, a SSA Designation
Application filed with the County on May 27, 2008 for the CDC SSA 16 land; and
WHEREAS, the County and Owner entered into a Stewardship Sending Area Credit
Agreement ("CDC SSA 16") on November 18, 2008 ("Agreement"); and
WHEREAS, on September 10, 2013 the County approved the First Amendment to the
Agreement to extend certain dates by one year; and
WHEREAS, on September 23, 2014, the County approved the Second Amendment
to Agreement, which Second Amendment extended the date by which the SSA 16 stewardship
credits must be exchanged for development of a future Stewardship Receiving Area (SRA) to
November 18, 2017 ("Deadline").
WHEREAS, on October 10, 2017, the County approved the Third Amendment to
Agreement, which Third Amendment extended the Deadline to November 19, 2020; and
WHEREAS, due to the complexity of the regulatory regime and the multiple
governmental and quasi -governmental actors involved in such approvals, the Parties desire 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
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1. Restriction on Land Use Amendments. Paragraph 8 of the Stewardship Area Credit
Agreement (CDC SSA 16) 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 increased in the density of any
additional uses beyond those specified in this Agreement. Two thousand seven hundred and nine
tenths (2,700.9) acres of the lands subject to this Agreement are within a Habitat Stewardship
Area (HSA) and one hundred and sixty three and six tenths (163.6) acres of the lands subject to
his Agreement are within a Flow Way Stewardship Area (FSA) and eight and seven tenths (8.7)
acres of Water Retention Area (WRA) and three (3.0) acres of Open Lands depicted on the
RLSA Overlay map, officially entitled "Collier County Rural and Agricultural Area Assessment
Stewardship Overlay Map". Upon designation of these lands as an SSA, the Owner shall neither
seek nor request, and the County shall not in violation of Sections 4.08.06 A.2 and 3, thereafter
grant or approve any expansion or conversion of agricultural land uses. Notwithstanding any
condition herein to the contrary, this Agreement and the Stewardship easement shall terminate on
November- 18, 2020 November 18, 2021, unless the CDC SSA 16 Stewardship Credits have been
exchanged for a future SRA, and said SRA has received all necessary final and non -appealable
local, state and federal permits other than, site development plan or building permit, or necessary
to construct the future 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 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 form the owner. Collier
County shall update the overlay map to reflect the termination of CDC SSA 16 or any SRA.
2. Except as amended herein, the Agreement shall remain in full force and effect.
Signatures appear on the following pages.
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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
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16.A.10.b
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
CDC LAND INVESTMENT, INC.
a Florida Corporation
By:
Print Name:
Title:
The foregoing Credit Agreement was executed by means of physical presence or _online
notarization before me this day of 2020, by
RR
person being personally known to me or produced
of CDC Land Investments, Inc., said
as identification.
Notary Public
Name:
Certificate No.
M Commission expires:
4
Words struckthru are deleted and words added are underlined.
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16.A.10.c
RESOLUTION NO. 2020-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
2008-330, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS "CDC SSA 16";
APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2021 IN THE STEWARDSHIP SENDING
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CDC SSA 16.
WHEREAS, on November 18, 2008, by Resolution No. 2008-330, the Board of County
Commissioners created a Stewardship Sending Area with a designation of "CDC SSA 16" and
entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement
and an Escrow Agreement with CDC Land Investments, Inc.; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-201, 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 CDC SSA 16; 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 16, which
was further extended to November 18, 2020; and
WHEREAS, Collier Land Investments, Inc., 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 CDC SSA 16 and
the Escrow Agreement for CDC SSA 16; and
WHEREAS, the Board of County Commissioners agrees to the requested extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The fourth amendment to the Stewardship Credit Agreement for CDC SSA 16,
attached hereto as Exhibit 1, is hereby approved.
2. The fourth amendment to the Escrow Agreement for CDC SSA 16, attached hereto
as Exhibit 2, is hereby approved.
[17-CMP-00985/1361810/1]49 1 of 2
SSA #16
10/21/2020
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This Resolution adopted after motion, second and majority vote, this 27ffi day of October 2020
ATTEST:
Crystal K. Kinzel, Clerk
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
Attachments:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Burt L. Saunders, Chairman
Exhibit 1 — Fourth Amendment to Stewardship Credit Agreement for CDC SSA 16
Exhibit 2 — Fourth Amendment to Escrow Agreement for CDC SSA 16
[17-CMP-00985/1361810/1 ]49
SSA #16
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