Resolution 2020-190 mOlmccn
onmmw
o0 =pgi
jo
RESOLUTION NO. 2020- 1 9 0 -4 r A o
m C7 N U,
om
A RESOLUTION OF THE COLLIER COUNTY BOARD OF °g-
COUNTY COMMISSIONERS AMENDING RESOLUTION NO. D o>W
2008-331, RELATING TO THE STEWARDSHIP SENDING of
AREA WITH A DESIGNATION AS "CLH SSA 14"; z>
APPROVING THE EXTENSION OF CERTAIN DATES TO cmn
NOVEMBER 18, 2021 IN THE STEWARDSHIP SENDING o W
AREA CREDIT AGREEMENT AND THE ESCROW
AGREEMENT FOR CLH SSA 14.
r
r
m
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.
[17-CMP-00985/1362146/2]53 I of 2
SSA#14
10/21/20
This Resolution adopted after motion, second and majority vote, this 27th day of October,
2020.
•'''" " rEj, BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,Clerk COLLIER C UNTY, FLORIDA
By: Cz-e-A-A0--
Burt L. Saunders, Chairman
signature only,,
Approve a m and legality:
Jeffrey A. K at*k.ow, County Attorney
Attachment:
Exhibit 1 —Fourth Amendment to Stewardship Credit Agreement for CLH SSA 14
Exhibit 2—Fourth Amendment to Escrow Agreement for CLH SSA 14
[17-CMP-00985/1362146/2]53 2 of 2
SSA#14
10/21/20
FOURTH AMENDMENT TO
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH SSA 14)
THIS AMENDED & RESTATED STEWARDSHIP SENDING AREA RIIT
AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day
of( L at(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") 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 two and nine tenths
(662.9)acres of the lands subject to this Agreement are within a Habitat Stewardship Area(HSA) and
1
Words struck thru are deleted and words added are underlined.
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 nine tenths (0.9) 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 18, 2020 November 18, 2021 unless the CLH SSA 14 Stewardship Credits have been
exchanged for the Town of Rural Lands West SRA, and the Town of Rural Lands West 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 Town of Rural Lands West 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 struck thru are deleted and words added are underlined.
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
CR AL K.}KIN EL, Clerk sks COLLIER C UNTY, FLORIDA
By: .
est as to chainnaksvputy Clerk Burt L. Saun ers, hairman
nnly.
Appro nd legal sufficiency:
Heidi Ashton-Cicko,Assistant
Managinn Assistant County Attorney
3
Words struck thru are deleted and words added are underlined.
WITNESS:
COLLIER LAND HOLDINGS,LTD.
a Florida Limited Partnership
fq I By: Collier Enterprises,Inc.
(Signature) a Florida Corporation,
_ its General Partner
-r1 any TTU n9e� r By:
(Print full name Printed Name: CAE,-5 E;C Sp,I1.--r
Title: ✓. ti P,v.s
(Signature)
I 2)e XM nLa
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed 1pefore me by means of /physical presence or online
notarization this oZ( day of DC to r , 2020, by Cl r:at;«,• SQ'�\\.. - , as
of Collier Ente rises, Inc., the general partner of Collier Land Holdings,
Ltd., said person personally known tom or produced as identification.
(SEAL)
Notary blic
Name: a-Y\ n qtt
o y p � BRITTANY TUNGETT J
= iw?,:Notary Public-State of Florida A
*P=�*= Commission# GG 282501a /oa(� a_'� i i ►a: My Commission expires:
���`OF fIOP� My Commission Expires
' n' December 06, 2022
4
Words struck thru are deleted and words added are underlined.
WITNESS:
-da d 'i0`_ GARGIULO, INC.
(Signature) a Foreign Profit Corporation
(c�cgct
(Print full name) By: Aiej
r�t,/ Printed Name: .f( •
• �1Yi9a�
� Title: ? C.co
(Signature)
Lb 1,4 ftiZil Q LLZ�s
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of physical presence or
online notarization this2.2 nci day ofDc4ober , 2020, by 'Mkchael up,SA ►vai , as
?rtStdett-f 1 C£D of Gargiulo, Inc., a Foreign Profit Corporation, who is ✓personally
known to me or_produced as identification.
����+��11►D. i�, Notary Publici„(14.4-t.--$6. CAD LLu,il
o,��E .colts •,,� To c Cal 1 i n s
. �•• assiON Name: y
�� = Certificate No. G6 071 OD 1
: *:
Go,lOOi • _ My Commission expires: DZ tZg f 2v-L(
Z8� /STAT•E°; o\\\\\
5
Words etruck thru are deleted and words added are underlined.
FOURTH AMENDMENT TO
ESCROW AGREEMENT
This FOURTH AMENDMENT TO ESCROW AGREEMENT("Escrow Agreement") is made as
of the ? day of k abut,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:
1. 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 Town of Rural Lands West 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 Town of Rural Lands West SRA
1
Words struck thru are deleted and words added are underlined.
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, 2020 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.
3. 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
Words struck thru are deleted and words added are underlined.
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 COMMISSIONERS
/^. COLLIER COUNTY,FLORIDA
COL:,IPR COUNT Y CLERK OF RTS
IL ' L By: '444)11%.-A'-'411.4°6--
hest as tQ Chairman s
79 natr re only. Burt L. Saunders, Chairman
APPROVED • S O e'' AND
LEGAL LEG•, I A �,"�
By: litui
Heidi Ashto'F i• :i,
Managing A .ist. County Attorney
3
Words struck thru are deleted and words added are underlined.
WITNESS:
COLLIER LAND HOLDINGS,LTD.
a Florida Limited Partnership
B By: Collier Enterprises,Inc.
(Signature)
a Florida Corporation,
its General Partner
�rI ++ah f l.�l�Lj ��� By:
(Print full name J Printed Name: d e;�cs�
Title: \I 9,res v,e,fr
(Signature)
C x I-CL�
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of ✓physical presence or online
notarization this a I day of OC7-Oh e r , 2020, by f' , as
Ptr_ of Collier Enterprises,Inc.,the general partner of Collier Land Holdings,Ltd.,
said person eing personallyTcnow to me or produced as identification.
(SEAL) I JAL 1�1_ "1`
Notarublic
yp Name:BRITTANY TUNGETT
g►-I--H—c�rvy I (�t h
p�. ;Notary Public-State of Florida
*
c Commission#GG 282501 My Commission expires: t a/a i'o/01 0 R
MyDecember Commission Expires
06, ire
4
Words struck thru are deleted and words added are underlined.
WITNESS:/�
—�`�`� GARGIULO, INC.
(Signature) a Foreign Profit Corporation
ck L ,c lu a j 4
(Print full name) By:
Printed Name: i(;jri ) SuLc
Title: flog L,
(Signature)
Ehw AA p V C)*)' S
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was pxecuted before me by means of ✓physical presence or
online notarization this 22"day of Qc-{bar , 2020, by c lna.e-i S,-)11 i
Ts rr 51 clen+ (C.E6 of Gargiulo, Inc., a Foreign Profit Corporation.
Notary Public $ b.CO u...u,,,,g
\\,\\m.EpI''''''''''' Name: SpyC V. Co Riess
43,• Y?a . Certificate No. 07 I W
* ; • My Commission expires:01(23 2,02 I
* =
2 c MGG 071001
O9• jo, °�Ced
.▪ •Ublic Unds�• p `�-
/C/0I 1 1111 Off \\\\
5
Words struck thru are deleted and words added are underlined.
ESCROW AGENT:
COLEMAN, YOVANOVICH&KOESTER,P.A.
By: Richard D. Yovanovich,Esq.
Its: V•%A. r+4•A ..
Date: t O 74)ZO
6
Words struck thru are deleted and words added are underlined.