Resolution 2021-122 RESOLUTION 2021- 1 2 2
A RESOLUTION OF THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING
RESOLUTION 2008-329, AS AMENDED, WHICH
CREATED STEWARDSHIP SENDING AREA CLH & CDC
SSA 15, BY AMENDING THE AMENDED AND
RESTATED ESCROW AGREEMENT FOR
STEWARDSHIOP SENDING AREA #15 TO CHANGE
THE STEWARDSHIP RECEIVING AREA THAT WILL
CONSUME THE STEWARDSHIP CREDITS AND
TRIGGER THE RECORDING OF THE STEWARDSHIP
EASEMENT. THE SUBJECT PROPERTY IS LOCATED
IN SECTIONS 25, 26 AND 35, TOWNSHIP 47 SOUTH,
RANGE 28 EAST, AND SECTIONS 1, 2, 12, 13, 14, 23, 24,
25, 26, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 28
EAST
WHEREAS, on November 18, 2008, by Resolution No. 2008-329, the Board of
County Commissioners ("Board") created a Stewardship Sending Area with a designation
of"CLH & CDC SSA 15" and entered into a Credit Agreement, Easement Agreement
and Escrow Agreement with Collier Land Holdings, Ltd. and CDC Land Investments,
LLC; and
WHEREAS, on September 10, 2013, by Resolution No. 2013-200, the Board
approved an amendment to the Credit Agreement and Easement Agreement to extend
certain dates by one (1) year; and
WHEREAS, on September 23, 2014, by Resolution No. 2014-187, the Board
approved the Second Amendments to Credit Agreement and Easement Agreement, which
Second Amendments extended the date by which the SSA 15 Stewardship Credits must
be exchanged for development of Rivergrass Village Stewardship Receiving Area to
November 18, 2017 ("Deadline"); and
WHEREAS, on October 10, 2017, by Resolution No. 2017-185, the Board
approved the Third Amendments to Credit Agreement and Easement, which Third
Amendments extended the exchange date to November 18, 2020; and
WHEREAS, on January 28, 2020, by Resolution No. 2020-25, the Board of
County Commissioners approved an amendment to CLH & CDC SSA 15 to reduce the
acreage, remove additional land use layers and generate additional Stewardship Credits;
and
WHEREAS, Collier Land Holdings Ltd., CDC Land Investments, LLC and
Gargiulo, Inc. (collectively, "Owners") have requested a change to the Amended and
[19-CPS-01956/1633480/1]331
SSA#15 amendment to Escrow
5-17-21 Page 1 of 2
Restated Escrow Agreement to change the Stewardship Receiving Area that will
consume the Stewardship Credits; and
WHEREAS, the Board of County Commissioners agrees to the requested change.
NOW, THEREFORE, BE IT RESOLVED BY. THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The first amendment to the Amended and Restated Escrow Agreement for
CLH & CDC SSA 15, attached hereto as Exhibit 1, is hereby approved.
THIS RESOLUTION ADOPTED this 1-14‘ day of .�( �_ , 2021,
after a Motion, second, and majority vote favoring same.
ATTFS :' BOARD 0 COUNTY COMMISSIONERS
CRYSTAL K. KINZEIY,,, CLERK COLLIE' coil TY, FLORID
21L9
By: 1.1L.4• k. �1" y
Attes a5 ! t' • P;pu -rk Penny Taylor, Chairman
g;nn,.tU!E ra;11,J.
Approved as to form . •. legality:
( --JtAl PL ti�
Heidi As ton-Cicko
Managing Assistant County Attorney
Exhibits:
Exhibit 1 —Amended and Restated Escrow Agreement
[19-CPS-01956/1633480/1]331
SSA#15 amendment to Escrow
5-17-21 Page 2 of 2
HJ6-I I
FIRST AMENDMENT TO AMENDED AND RESTATED
ESCROW AGREEMENT
(SSA 15)
This FIRST AMENDMENT TOD AND_Ry.,STATED ESCROW AGREEMENT
("Amendment") is made as of the day of c,L/LE ,2021 by and between Collier
County, a political subdivision of the State of Florida("County"), Collier Land Holdings
Ltd., a Florida limited partnership ("CLH"), CDC Land Investments, LLC, a Florida
Limited Liability Company ("CDC"), and Gargiulo, Inc., a Foreign Profit Corporation
("Gargiulo"),hereinafter individually and jointly referred to as "Owner" and COLEMAN,
YOVANOVICH & KOESTER, P.A., (the "Amendment")
RECITALS
WHEREAS, Collier County, CLH, CDC 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 & CDC SSA 15 and
Collier County adopted Resolution No. 2008-329; and
WHEREAS, on September 10, 2013 the County, by Resolution No. 2013-200,
approved the First Amendment to the Escrow Agreement; and
WHEREAS, on September 23, 2014, the County, by Resolution No. 2014-187,
approved the second Amendment to Escrow Agreement; and
WHEREAS, on October 10, 2017, the County, by Resolution NO. 2017-185,
approved Third Amendment to Escrow Agreement; and
WHEREAS,on January 25,2020,by Resolution No.2020-25,the parties amended
and restated the Escrow Agreement ("Escrow Agreement"); and
WHEREAS, CLH, CDC and Gargiulo desire to modify the development for which
the Stewardship Credits may be used.
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 partieshereto agree as follows:
1. Recitals Definitions: The above recitals are true and correct and incorporated
herein by reference. Any capitalized terms not otherwise defined herein shall
have the meaning set forth in the Escrow Agreement.
May 17, 2021
Page I of
2. Paragraph 3 of the Escrow Agreement is amended to read as follows (words struck
through are deleted and words added are underlined):
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 and CDC:
a. An approved SRA for the Rivergrass Village SRA, Longwater Village SRA or
Bellmar Village SRA, whichever is first to occur (the "Approved SRA") which
requires the exchange of Stewardship Credits from CLH & CDC SSA 15 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 Rivergrass Village SRA
Approved 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 are not delivered to the Escrow Agent on
or before November 18, 2023,this Escrow Agreement shall terminate and the original
Documents shall be returned to CLH,CDC and Gargiulo. If a challenge and/or appeal
of a necessary development order, permit or other discretionary approval are filed,
CLH, 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
CLH and CDC, CLH and CDC may within 180 days of the final disposition of the
challenge or appeal terminate the Escrow Agreement.
3. Paragraph 4 of the Escrow Agreement is amended to read as follows (words
stuck through are deleted and words added are underlined):
In the event the Escrow Agreement is terminated as noted
above, all affirmative obligations and negative covenants
contained in the originally approved 2008 CLH & CDC SSA
15 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 Rivergrass Village SRA Approved SRA,
as applicable, shall be terminated. If requested by CLH, CDC
and Gargiulo,Collier County shall provide a written release and
termination of this Agreement and the Documents for recording
May 17, 2021
Page 2 of -
in the public records within fifteen(15)days of the request from
CLH, CDC and Gargiulo. Collier County shall update the
overlay map to reflect the termination of CLH & CDC SSA 15
and any SRA.
4. Except as amended herein,the Escrow Agreement remains in full force
and effect.
5. Counterparts and Execution: Executed counter-part copies of the original of this
documentshall 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 Amendment by facsimile shall be treated as an original.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
be executed by their duly authorized officers or representatives and their official
seals hereto affixed the day and year first written above.
May 17, 2021
P ige ..of a_
ATTEST:
CRYSTAK K. KINZEL BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
COLLIER COUNTY.. - L.;r2fIkl-
CLERK OF COUR`l~S
By
By: Penny Taylor, hairman
Attest as to Chairman's
signature only.
APPROVED AS TO FORM AND
LEGALITY:
By: RC��--
Heidi Ashton-Cicko,
Managing Assistant County Attorney
[Intentionally left blank, signatures on following page]
Page y of. 3-
WITNESS:
COLLIER LAND HOLDINGS,
U
"� �j •
LTD. a Florida Limited Partnership
` -'� By: Collier Enterprises, Inc.
(Signature) a Florida Corporation,
rPi Gener 1 Partner
,
By: )_
(Print full name) Printed Name: PAS-2ic1L L. �.
Title: v ICE p2�Sir
tua Path"1
(Sign ne)
Rift LI 4. 194.411Ln1
(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 1V- day of [ Jj , 2021, by
QAT¢icx. L. , as \I tt. rPc• of Collier Enterprises, Inc., the
general partner of Collier Land Holdings, Ltd., said person being personally known to me
or produced as identification.
(SEAL) U�- -' •g
Notary Public
-, .- - - - - - - - Name: \I tweilieL_ P.
o raY PG Valerie L Pike
Commission#HH 32134 Not.-
��
_ Commission Expires 08-17-2024 C.-‘1
1!'o Bonded Through-Cynanotary• ► My Commission expires:
1 i �•"F o Florida-Notary Public
Page J of a.
Owl1C)
CDC Land Investments, LLC
A Florida Limited Liability Company
(Signature)n By: CDC a d In estment, In ., ' manager
VA 1fque. By:
(Print full name)
Print: PaTo'��v
Title: Viee Pe stixaa-t--
d4nytt- Pe r/U-04
(Signature)
+Id& PQMLiv1
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was acknowledged before me, by means of(✓physical
presence or ( )online notarization, on this \%Y" day of jA-y , 2021, by
?A .).c uc-\-• Uwe- , as \I iCc Qa ►aet4 of CDC Land Investments, Inc.,
manager of CDC Land Investments, LLC, who is (personally known to me or ( ) has
produced as identification.
t koo,P&„ Valerie L Pike
I t Notary P b11C
Commission#HH 32134
Commission Expires 08-17-2024 i
oFF`q.,a Bonded Through-Cynanotary Name: Q�lk
Florida-Notary Public ► Certificate No. t1/2A4 37-A3y
My Commission expires: Q .10. 11►Zo --t
Page (P of
WITNESS:
3- GARGIULO, INC.
(Signature) a Foreign Profit Corporation
.Pda(y zu(ua5q /2� ,1
(Print full name) By: �� i �f�J /��•'►N`
Print Name: Michael W. Sullivan
Title: President/CEO
(Signature)
CDw1RD 0110ZS
(Print)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of physical presence or online
notarization this (1844`day of (Ao. j , 2021, by lei chat U Sul ivam asPres(CEOof
Gargiulo, Inc., a Foreign Profit Corporation.
•
Notary Public
Name: JbjG,L b. 0 111nS
Certificate No. `\.001111111/1/0/,
� 04CE/1.COzi,/ .lzz��
My Commission exi es�
• ��
o A+4�1H 058t3J \``�
�'9Illlllll
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
4-AA-- 0
By: Richard D. Yovanovich, Esq.
Its: Vice. pl'e iotP.�*
Date: 'SI 1
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