Resolution 2020-220 RESOLUTION NO. 2020- 2 2 0
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING RESOLUTION 2009-302, AS
AMENDED, RELATING TO THE STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "BCl/BCP/SI SSA 13"; APPROVING THE
EXTENSION OF CERTAIN DATES TO DECEMBER 15, 2022 IN THE
STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE
ESCROW AGREEMENT FOR BCl/BCP/SI SSA 13.
WHEREAS, on December 15, 2009, by Resolution 2009-302, the Board of County
Commissioners created a Stewardship Sending Area with a designation of "BCl/BCP/SI SSA
13" and entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement
Agreement and an Escrow Agreement with Barron Collier Investments, Ltd., Barron Collier
Partnership, LLLP and Serenoa Investments, Inc.; and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership,
LLLP by Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in Official
Records Book 4998, Page 865, of the Public Records of Collier County, Florida; and
WHEREAS, Serenoa Investments, LLC is the successor by conversion to Serenoa
Investments, Inc. by Certificate of Conversion filed August 30, 2012 with the State of Florida
Secretary of State; and
WHEREAS, on November 18, 2014 by Resolution No. 2014-237, the Board of County
Commissioners approved the extension of certain dates to December 15, 2017 in the Stewardship
Sending Area Credit Agreement and Escrow Agreement for BCl/BCP/SI SSA 13; and
WHEREAS, on December 12, 2017 by Resolution No. 2017-227, the Board of County
Commissioners approved the second extension of certain dates to December 15, 2020 in the
Stewardship Sending Area Credit Agreement and Escrow Agreement for BCl/BCP/SI SSA 13;
and
WHEREAS, Barron Collier Partnership, LLLP and Serenoa Investments, LLC.,
represented by Clay C. Brooker, Esquire of Cheffy Passidomo, have requested an extension of
certain time frames to December 15, 2022 in the Stewardship Sending Area Credit Agreement
for BCl/BCP/SI SSA 13 and the Escrow Agreement for BCIBCP/SI SSA 13; 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 third amendment to the Stewardship Credit Agreement for BCl/BCP/SI SSA 13,
attached hereto as Exhibit 1, is hereby approved.
[20-OTH-00084/1579282/1]4 1 of 2
SSA#13
11/12/20
2. The third amendment to the Escrow Agreement for BCIBCP/SI SSA 13, attached
hereto as Exhibit 2, is hereby approved.
This Resolution adopted after motion, second and majority vote, this day of
bece , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: eoLtA t LOC By:
De sat Clerk Burt L. Saunders, Chairman
attest as to Cha an's
signature only.
Approved as to form and legality:
0 ',1"'
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit 1 —Third Amendment to Stewardship Credit Agreement for BCl/BCP/SI SSA 13
Exhibit 2—Third Amendment to Escrow Agreement for BCl/BCP/SI SSA 13
[20-OTH-00084/1579282/1]4 2 of 2
SSA#13
11/12/20
Exhibit 1
THIRD AMENDMENT TO
ESCROW AGREEMENT
(BCIBBCP/SI SSA 13)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the D day of
be Gera b ex , 2020, by and between COLLIER COUNTY, a political subdivision of the State
of Florida ("County"), BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited
partnership("BCP"), SERENOA INVESTMENTS,LLC("SI"),a Florida liability company(BCP and SI
are hereinafter individually and jointly referred to as"BCP/SI" or"Owner"), and Cheffy Passidomo, P.A.
(the"Escrow Agent").
RECITALS
WHEREAS, Collier County, Barron Collier Investments, Ltd., Barron Collier Partnership,
LLLP, Serenoa Investments, LLC, and Escrow Agent entered into an Escrow Agreement on December
15, 2009 (the "Escrow Agreement"), pertaining to the Stewardship Sending Area designated as
BCIBCP/SI SSA 13; and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership, LLLP by
Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in Official Records Book
4998,Page 865,of the Public Records of Collier County,Florida; and
WHEREAS, Serenoa Investments, LLC is the successor by conversion to Serenoa Investments,
Inc. by Certificate of Conversion filed August 30, 2012 with the State of Florida Secretary of State; and
WHEREAS, the establishment of the SRA has been delayed and the parties wish to amend the
Escrow Agreement to extend certain dates.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Paragraph 3 of the Escrow Agreement is amended to read as follows:
3. The Escrow Agent shall deliver the original documents to the County for recording in the
public records of Collier County upon presentment of the following by Owner:
a. An approved SRA which requires the exchange of Stewardship Credits from
BCIBCP/SI SSA 13 for the additional residential and non-residential
entitlements;and
b. All necessary final and non-appealable local, state and federal permits other than
a plat, site development plan or building permit, necessary to construct the SRA
1
Words truck thru are deleted and words underlined are added.
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 the recitals are not delivered to the Escrow
Agent on or before December 15, 2420 2022, this Escrow Agent Agreement shall
terminate, and the original Documents shall be returned to Owner. If a challenge and/or
appeal of necessary development order, permit or other discretionary approval is filed
Owner 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 Owner, Owner may
within 180 days of the final disposition of the challenge or appeal terminate this Escrow
Agreement.
4. Except as amended herein, the Escrow Agreement dated March 10, 2009 remains in full
force and effect.
5. Executed counter-part copies of the original of this document shall be treated as if the
originals were so executed and shall bind the executing party and shall have the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
{Remainder of Page Intentionally Left Blank}
2
Words',truck thru are deleted and words underlined are added.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Escrow
Agreement 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: :/l �C°l tr'�`'—
By:31LtU
;'s, BURT L. SAUNDERS, Chairman
AUst
Signature Only.
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
ESCROW AGENT:
CHEFFY ' SSIP• eAP.A.
(/"By: rt....
Its: ( teg-- -. 46,
Date: /' / 3•
3
Words etruck thru are deleted and words underlined are added.
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
a Florida limited liability partnership, as a tenant in
common with AMULT, LLC
-,�6__y;
(Signature By: Barron Collier Management, LLC
\R2 a Florida limited liability company
,[(Print Full ame)
Its: General Partner
By: (OF i46-Pic
Bradley A. Boa lChiFinancwa.l Officer
WITNESS:
(Signature)
V_eA b �Oo nhe
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this (p day of
�.lov Ws.k.3crZ , 2020, by Bradley A. Boaz as Chief Financial Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who His personally known
to me or who [ ] has produced as identification.
[Notary Seal]
Notary Public
< !° 5Pc nt�-
SABINAE.HARDY
,: • ;•' MY COMMISSION#GG 287225 Print Name
' EXPIRES:January 14,2023 My Commission Expires: ,/14/7 n 2-3
r.f R°P Bonded Ibru Notary Public Underwriters
4
4
Words struck thru are deleted and words underlined are added.
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
1 r a Florida limited liability partnership
(Signatu By: Barron Collier Management, LLC
1 > a Florida limited liability company la ,Ify\o
(Print Full ame)
Its: General Partner
By:
WITNESS: Brian Goguen lief Operating Officer
(Signature)
Vtht Cat J
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this (p day of
14,ai 0--R , 2020, by Brian Goguen as Chief Operating Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who [his personally known
to me or who [ ] has produced as identification.
[Notary Seal]
Notary-Public
SABINAE.HARDY �T3i •
N� (=• "1krZ p�
MY COMMISSION#GG 287225 Print Name
:V EXPIRES:January 14,2023 My Commission Expires: 1/1 L/Z D 2-3
,FOg,F`OP Bonded Thai Notary Public Underwriters
5
Words struck thru are deleted and words underlined are added.
WITNESS: SERENOA INVESTMENTS, LLC
a Florida limited liability company
(Signature) By:
j Katherine G. Sproul, Man r
ityrs
(Print Full Name)
WIT •
(Signatur
(Print Full Name)
STATE OF rI a ,r r d 4---
COUNTY OF C , ►�c�
The foregoing instrument was acknowledged before me by means of ['J physical presence
or [ ] online notarization this S 4-h day of JUevc e;r;2020, by Katherine G. S3prou1, as Manager of
SERENOA INVESTMENTS, LLC, a Florida limited liability company, on behalf of the company.
She IX is personally known to me or [ ] has produced as
identification.
[Notary Seal]
Notary Public
aQ,rR. = PAMELA M.WALKUP
Commis on#GG 935965 Print Name
-�,';•%�-pa Expires March 28,2024 My Commission Expires:
Bonded Thru Troy Fain Insurance 800.385-7019
6
Words struck thru are deleted and words underlined are added.
Exhibit 2
THIRD AMENDMENT TO
ESCROW AGREEMENT
(BCl/BCP/SI SSA 13)
THIS AMENDMENT TO ESCROW AGREEMENT is made as of the day of
D.e u vvlr , 2020, by and between COLLIER COUNTY, a political subdivision of the State
of Florida ("County"), BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited
partnership ("BCP"), SERENOA INVESTMENTS,LLC ("SI"), a Florida liability company (BCP and SI
are hereinafter individually and jointly referred to as"BCP/SI"or"Owner"), and Cheffy Passidomo, P.A.
(the"Escrow Agent").
RECITALS
WHEREAS, Collier County, Barron Collier Investments, Ltd., Barron Collier Partnership,
LLLP, Serenoa Investments, LLC, and Escrow Agent entered into an Escrow Agreement on December
15, 2009 (the "Escrow Agreement"), pertaining to the Stewardship Sending Area designated as
BCIBCP/SI SSA 13; and
WHEREAS, Barron Collier Investments, Ltd. merged into Barron Collier Partnership, LLLP by
Articles of Merger filed December 30, 2013, and recorded January 6, 2014, in Official Records Book
4998, Page 865,of the Public Records of Collier County, Florida;and
WHEREAS, Serenoa Investments, LLC is the successor by conversion to Serenoa Investments,
Inc. by Certificate of Conversion filed August 30, 2012 with the State of Florida Secretary of State;and
WHEREAS, the establishment of the SRA has been delayed and the parties wish to amend the
Escrow Agreement to extend certain dates.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Paragraph 3 of the Escrow Agreement is amended to read as follows:
3. The Escrow Agent shall deliver the original documents to the County for recording in the
public records of Collier County upon presentment of the following by Owner:
a. An approved SRA which requires the exchange of Stewardship Credits from
BCIBCP/SI SSA 13 for the additional residential and non-residential
entitlements; and
b. All necessary final and non-appealable local, state and federal permits other than
a plat, site development plan or building permit, necessary to construct the SRA
1
Words struck i are deleted and words underlined are added.
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 the recitals are not delivered to the Escrow
Agent on or before December 15, 2020 2022, this Escrow Agent Agreement shall
terminate, and the original Documents shall be returned to Owner. If a challenge and/or
appeal of necessary development order, permit or other discretionary approval is filed
Owner 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 Owner, Owner may
within 180 days of the final disposition of the challenge or appeal terminate this Escrow
Agreement.
4. Except as amended herein, the Escrow Agreement dated March 10, 2009 remains in full
force and effect.
5. Executed counter-part copies of the original of this document shall be treated as if the
originals were so executed and shall bind the executing party and shall have the same
force and effect as the original. Execution of this Agreement by facsimile shall be treated
as an original.
{Remainder of Page Intentionally Left Blank}
2
Words st-•u are deleted and words underlined are added.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Escrow
Agreement 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: 31"W a A By: t,#),% ?4e.e 0,1...a—-
Attafggibr i' URT L. SAUNDERS,Chairman
ei;rvature only.
6
Approv d as to form and legality:
� C t It C�
Heidi Ashton-Cicko
Managing Assistant County Attorney
ESCROW ENT:
IEFF PA ID ;,) 1
7" By:
Its: .5-'44 P/ 6
Date:
3
Words stru u are deleted and words underlined are added.
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
a Florida limited liability partnership, as a tenant in
common with AMULT, LLC
(Signature) By: Barron Collier Management, LLC
a Florida limited liability company
\<1_,k,\ V-Q-Jr\reA>)
(Print Full Name)
Its: General Partner
By: f �>l�-/0
Bradley A. Boaz, Chief Financial Officer
WITNESS:
(Signature)
(Print Full Nam )
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of
`1.1 coi nt t3 c—2 , 2020, by Bradley A. Boaz as Chief Financial Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who His personally known
to me or who [ ] has produced as identification.
[Notary Seal] Notary Public
Public
ADtMA E . 14-pt
t;AG6 SABINAE.HARDY Print Name I
'As MY COMMISSION#GG 287225
My p Commission Expires: y 1,4(zo2-3
.y_ a: EXPIRES:January 14,2023
%f OP F?: goner Thru Notary Public Underwriters
4
Words Gtruck thru are deleted and words underlined are added.
WITNESS: BARRON COLLIER PARTNERSHIP, LLLP
a Florida limited liability partnership
i .\,..(7\4/ &I)
(Signature By: Barron Collier Management, LLC
1 Jne a Florida limited liability company
Ven
(Print Full Nai e)
Its: General Partner
By:
WITNESS: Br an Goguen, Chie perating Officer
J I\ �
(Signature)
0`0of\w,el.I
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ( r day of
Due: , 2020, by Brian Goguen as Chief Operating Officer of Baron Collier
Management, LLC, a Florida limited liability company, General Partner of BARRON COLLIER
PARTNERSHIP, LLLP, a Florida limited liability limited partnership, who [t]"is- personally known
to me or who [ ] has produced as identification.
[Notary Seal]
Notary Public
5 1114,CL
`9trF� SABINAE.HARDY Print Name
ct, MY COMMISSION#GG 287225
.%4 EXPIRES:January 14,2023 My Commission Expires: I y/2v23
41 pF F?•%' Bonded Thru Notary Public Underwriters
5
Words struck thru are deleted and words underlined are added.
WITNESS: SERENOA INVESTMENTS, LLC
a Florida limited liability company
1(2)- ---/
(Signature) By:
Katherine G. Sproul, Manag
M p,i 'c
(Print Full Name)
WITNESS:: f
(Sign• ure)
PI. at,;$
(Print Full Name)
STATE OF rib r I d&
COUNTY OF eo //i e_r-
The foregoing instrument was acknowledged before me by means of[X] physical presence
or [ ] online notarization this ,P9' day of A very1,r2020, by Katherine G. Sproul, as Manager of
SERENOA INVESTMENTS, LLC, a Florida limited liability company, on behalf of the company.
She [X] is personally known to me or [ ] has produced as
identification.
[Notary Seal]
W...m.i/.-6,t— h it.)dt—ti
Notary Public
,,O.vPk. PAMELA M.WALKUP
;,,' its,,a‘ :,, Commission#GG 935965 Print Name
� --P Expires March 28,2024 My Commission Expires:
"''.f OF R�.` Bonded Thru Troy Fain Insurance 800-385-7019
4
6
Words etruck thru are deleted and words underlined are added.