Backup Documents 06/08/2021 Item #11C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t 1 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office H(AC'
/ ✓�'
4. BCC Office Board of County 3 J1
Commissioners 5 ( v 1 5 Q 1
5. Minutes and Records Clerk of Court's Office Witt)
n ,() �l(S
PRIMARY CONTACT INFORMATION I ((,
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jaime Cook/Growth Management Phone Number 239.252.6290
Contact/ Department
Agenda Date Item was tvtay257O2T �„ n_ . o Z 1 Agenda Item Number 11 C
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached go/0 -1— I a?-- Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JC
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JC
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on L- /21 and all changes made Wikisn
during the meeting have been incorporated in the attached document. The County o0,4
rb
Attorney's Office has reviewed the changes,if applicable. a.
9. Initials of attorney verifying that the attached document is the version approved by the A'
BCC,all changes directed by the BCC have been made,and the document is ready for the 1� totti'iffa
Chairman's signature. ' Alit
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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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
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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 144‘ day of J(A Au_. , 2021,
after a Motion, second, and majority vote favoring same.
t-lil ;
ATTF;S '',„' • BOARD 0 COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIE' ClogiP Y, FLORID
.� ati46,91,,
By: �:I.'�.. i,_Airs AMR, :y:
r.' '
,pu Penny Taylor, Chairman
Approved as to form . •. legality:
ci-jt/ 1
(..- ‘A -,_____ o(1-1-
Heidi As ton-Cicko 4
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
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HJe) fi I
FIRST AMENDMENT TO AMENDED AND RESTATED
ESCROW AGREEMENT
(SSA 15)
This FIRST AMENDMENT TO AMED AND INSTATED ESCROW AGREEMENT
("Amendment") is made as of the x it day of JU/1p ,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
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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 Rivergr-ass Village S A 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
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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
pRge a.of a.
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ATTEST:
CRYSTAK K. KINZEL BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
COLLIER COUNTS : L3ei/1-
CLERK OF COURTS
By
By: Penny Taylor, hairman
Attest as to Ch;airman's
signature only.
APPROVED AS TO FORM AND
LEGALITY:
By: oit A
Heidi Ashton-Cicko,
Managing Assistant County Attorney
[Intentionally left blank, signatures on following page]
Faze "! of
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WITNESS:
COLLIER LAND HOLDINGS,
LTD. a Florida Limited Partnership
By: Collier Enterprises, Inc.
(Signature) a Florida Corporation,
i Gener 1 Partner
04,
\I Pt-vee By: )-
(Print full name) Printed Name: QMT2:c..►L.
Title: v IC.E PR�Si r'
(Sign ture)
PaVrta.n1
(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 kV-I- day of V •j , 2021, by
f ic.* L.Ui _ , as \I Le Pa ►ail-sr of Collier Enterprises, Inc., the
general partner of Collier Land Holdings, Ltd., said person being personally known to me
or produced as identification.
SEAL
Notary Public
.._... � Name: \I twe L- P,
.SAY fP&. VeeLPIke� I
Commission#HH 32134 n�-
w`�� Commission Expires 08-17-2024 ' My Commission expires: kg.•�,�
Bonded Through•Cynanotary N• F°P Florida-Notary Public
Page of 3_
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aa_ky CDC Land Investments, LLC
A Florida Limited Liability Company
( i
Signature)( By: CDC a d In estment, In ., ' manager
V ; cfiq By:
(Print full name)
Print: PA--co;r►v- L.Utiet..
Title: \4 ce r ---
An ytL P rh.awi
(Signature)
(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 \TS- day of MA-y , 2021, by
PATexc -v.. U - , as v►cam P ►o er►r of CDC Land Investments, Inc.,
manager of CDC Land Investments, LLC, who is (personally known to me or ( ) has
produced as identification.
,,a"PV6 Valerie L Pike
0
Commission#NH 32134
s < Commission Expires 08.17.2024 ; Notary P}lblic
Bonded Through-Cynanotary Name: N A lk-
OFF- Florida-Notary Public ► �. 32 Certificate No. %39
My Commission expires: (kuc,. \7►)o3L1
Page 69 of
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WITNESS:
GARGIULO, INC.
(Signature) a Foreign Profit Corporation
Pr u z u l u a g q � 1
(Print nt full name) By:
Print Name: Michael W. Sullivan
Title: President/CEO
(Signature)
c.JW 1 D Oh eNS
(Print)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by means of physical presence or online
notarization this (844'`day of nit(,‘( , 2021, by N thae I u),Sul(ivan,as PfeS(GE 0of
Gargiulo, Inc., a Foreign Profit Corporation.
Notary Public •
Name: .TDyC 011tOS
Certificate No. ��011011110001��
My Commission e`tlfes _o ‘ <<•' ,�'
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A�l1H 0.58t3J ````�•.
ij P< '6bc Undo .•
ic,STATE o,` ,'
�/1111111111\ .
ESCROW AGENT:
COLEMAN, YOVANOVICH & KOESTER, P.A.
By: Richard D. Yovanovich, Esq.
Its: Vice. Preside -t-
Date: Si(PI t
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