Resolution 2021-123 RESOLUTION 2021-123
A RESOLUTION OF THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING
RESOLUTION 2021-83, BY AMENDING THE ESCROW
AGREEMENT FOR STEWARDSHIP SENDING AREA #17
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 10, 11, 12, 14, 15,22, 23, 26, 27,
34, AND 35, TOWNSHIP 48 SOUTH, RANGE 28 EAST;
AND SECTIONS 1, 2, AND 3, TOWNSHIP 49 SOUTH,
RANGE 28 EAST. [PL20160000295]
WHEREAS, on April 13, 2021, by Resolution No. 2021-83, the Board of County
Commissioners ("Board") created a Stewardship Sending Area with a designation of
"CLH & CDC SSA 17" and entered into a Credit Agreement, Easement Agreement and
Escrow Agreement with Collier Land Holdings, Ltd., CDC Land Investments, LLC and
Gargiulo, Inc.; and
WHEREAS, Collier Land Holdings, Ltd., CDC Land Investments, LLC, and
Gargiulo, Inc., (collectively, "Owners", have requested a change to the 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 17, attached hereto as Exhibit 1, is hereby approved.
-9441
THIS RESOLUTION ADOPTED this 0 day of J c_i a_12- 2021,
after a Motion, seconded, and majority vote favoring same.
•
[19-CPS-01956/1633494/1]329 Page 1 of 2
SSA#17 amendment to Escrow
5/14/21
ATTEST: 11):, BOARD OF OUNTY COMMISSIONERS
CRYSTAL K. KIN. I,, CLERK COLLIER Y, FLORIDA
�J
By. 2 By:
Most as f0 Chaot9;laC1Dep Cl Penny Ta r, Chairman
gnatur4 only.
Approved as to form and legality:
a014 .,g
Heidi Ashton-Cicko
Managing Assistant County Attorney
Exhibits:
Exhibit 1 —Escrow Agreement
[19-CPS-01956/1633494/1]329 Page 2 of 2
SSA#17 amendment to Escrow
5/14/21
E )( H ? (
FIRST AMENDMENT TO
ESCROW AGREEMENT
(CLH & CDC SSA 17)
This FIRST AMENDMENT TO ESCROW AGREEMENT ("Amendment") is made as of the
go, day of 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 "Owners" and
COLEMAN, YOVANOVICH & KOESTER, P.A., (the"Escrow Agent")
RECITALS
WHEREAS, Collier County, Owners and Escrow Agent entered into an Escrow
Agreement on April 13, 2021, by Resolution No. 2021 - 83 ("Escrow Agreement"); and
WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related to CLH,
intends to submit applications to Collier County, South Florida Water Management District and the
United States Department of Army, Corps of Engineers for authorization to develop the Town of Big
Cypress Stewardship Receiving Area("Town of Big Cypress SRA")located within the RLSA District
consistent with the provisions of Sections 4.08.06 and 4.08.07 of the Collier County Land
Development Code; and
WHEREAS,Owners desire to amend the development for which Stewardship Credits will
be available, as more particularly described herein.
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. 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.
2. Any references in paragraphs 3 and 4 of the Escrow Agreement to Longwater Village SRA shall
be replaced with the following reference: "Town of Big Cypress SRA"
3. Except as amended hereby, the Escrow Agreement remains in full force and effect.
4. Counterparts and Execution: 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 Amendment by
facsimile shall be treated as an original.
IN WITNESS WHEREOF, the parties hereto have executed this Escrow Amendment to be
executed by their duly authorized officers or representatives and their official seals hereto
affixed the day and year first written above.
Page I of 5
ATTEST:
CRYSTAL K. KINZEL BOARD OF COUNTY COMMISSIONERS
COLLIER OUNTY, FLORIDA
COLLIER COUNTY
CLERK OF COURTS
By
By )(\ittl1/4A Penny Taylor, C airman
Att st'as to thaim1 t -
signature only.
APPROVED AS TO FORM AND
LEGALITY: / A
By: 6L /4 C
Hei i Ashton-Cicko,'
Managing Assistant County Attorney
May 17, 2021
Page of
WITNESS: COLLIER LAND HOLDINGS, LTD.
a Florida Limited Partnership
�.J By: Collier Enterprises, Inc.
(Signature) a Florida Corporation,
its Gener Partner
\iik P By: 2/
(Print full name) Printed Name: ?A rtic..rr— L Vim.
Title: V ice Parc%6E►ar-
,4 Pa,►'h
(Sign td ure)
r► el� Park alvi
(Prinf full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of ✓physical presence or
online notarization this 11. st` ' day of (/1.pA-( , 2021, by
QtyrtAidic, U. U - , as V►c.E tE5ry ►r of Collier Enterprises, Inc., the
general partner of Collier Land Holdings, Ltd., said person being personally known to me
or produced as identification.
(SEAL) C+� 4 •�
Notary Public ��,�
Name: Apt •
�PpY°0e Valerie L Pike
_ Commission#HH 32134
a o Commission Expires 08-17-2024
A ram► My Commission expires: �ic,. `� )0
.�� Bonded Through-Cynanotary
otary
Florida-Notary Public
s,_
May 17, 2021
Page 3 of,1.._.
�, CDC Land Investments, LLC
v A Florida Limited Liability Company
(Signature) By: CD d I estment, I . içger
. 2
(Print full name)
Print: istvvQ .v.__ L.Uic c..
Title: \I;LEc,.0 eo-
fCla Roil L-r4-`
(Signature)
wyl.yttt- farha-w1
(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 \I day of M•h^-1 , 2021, by
FA-T6C.X. .\ J c - , as \;C.e. Y2.eS.to of CDC Land Investments, Inc.,
manager of CDC Land Investments, LLC, who is (jpersonally known to me or ( ) has
produced as identification.
o*aYP�e( Valerie L Pike I Notary Public
Commission#HH 32134
I : ` Commission Expires 08-17.2024 Name: �a'�"`ti L. 7 i �C
��,BBonded Through-Cynanotary
LA..a-9-"—":4 0
� �% Florida•Notary Public ► Certificate No. 4�-k• 32-13 y
_ _ _ _ _ _ _ s My Commission expires: 4UG. ►i)).4)) -1
May 17, 2021
page a,of 5
WITNESS:
o04 GARGIULO, INC.
(Signature) a Foreign Profit Corporation
Sdct(y Zu(ucc/ A �/
(Print full name) By: ILL,'
Print Name: Michael W. Sullivan
Title: President/CEO
(Signature)
Gt)WA'- G//',).5
(Print)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of physical presence or online
notarization this}Q-1h day of Ykc.y , 2021, by MiCtitcl (1) Sv1 asPres/CEOof
Gargiulo, Inc., a Foreign Profit Corporation.
Notary Public LA1, - GULLAVAS
Name: 3O /ci I •(I i►1S
Certificate No. �N�1INUINiI�����/
My Commission expires: ����. �(CE P•C0z "
*Hs-,04437 #
oi���'• `t�
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its: Xii et'e c rv-r
Date: 51%0%k ab ,1
May 17, 2021 rage 5 of ,