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Backup Documents 06/08/2021 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 D 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 • (4/ ` r 4. BCC Office Board of County t4.5 _Ilc �t Commissioners J.t.�/4 5. Minutes and Records Clerk of Court's Office 1,1 ` 41 Ze/15 tea( q'°°u``. PRIMARY CONTACT INFORMATION 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 May 25;28221 Agenda Item Number 11D Approved by the BCC Type of Document Resolution Number of Original 1 Attached f— /a3 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 -gz oL I _and all changes made 1 1' during the meeting have been incorporated in the attached document. The County �\((\L b , it Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the (J BCC,all changes directed by the BCC have been made,and the document is ready for the (` 0 Chairman's signature. \--11` Oil..:: . 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 1 1 a 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. THIS RESOLUTION ADOPTED this 0 day of J LL11 . 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 5/14/21 110 ATTEST: BOARD OF OUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER Y, FLORIDA trakBy: By: Attest as to Chairman SDep Cl Penny Ta r, Chairman S'gnat're only, Approved as to form and legality: a - A (,%-q‘ 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 11D EXH Its i T FIRST AMENDMENT TO ESCROW AGREEMENT (CLH& CDC SSA 17) This FIRST AMENDMENT TO ESCROW AGREEMENT ("Amendment") is made as of the q-` 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 1 I D ATTEST: CRYSTAL K. KINZEL BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA COLLIER COUNTY CLERK OF COURTSAtti f_ By By: Penny Taylor, C airman Attest i1S tothairrnani signature only. APPROVED AS TO FORM AND LEGALITY: A By: ,L (� Hei i Ashton-Cicko,' Managing Assistant County Attorney May 17, 2021 Page SL.of - 11D WITNESS: COLLIER LAND HOLDINGS, LTD. a Florida Limited Partnership 0 �—c? By: Collier Enterprises, Inc. (Signature) a Florida Corporation, its Gener Partner \I R► By: 2 (Print full name) Printed Name: QATeic ... L.Ui„ee. n,^� n�h�� Title: Vices Par�s%oer►r (Sign t�ure) 1" illiqelk ParhIwI (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 \4 ' day of , 2021, by A.1 cac- L. UNI - , as Vices VQeSnic&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) 0 C.iL.. 4 ,c --- Notary Public -- ——--—4Name: Apt' L.'Qo gyp. y Pao Valerie L Pike o Commission#HH 32134 s < Commission Expires 08-17-2024 `T !!p Bonded Through-Cynanotary My Commission expires: G. �� �3"{ �`OFfo Florida.Notary Public — May 17, 2021 Page 3 c,f `' 11D �, CDC Land Investments, LLC v A Florida Limited Liability Company (Signature) By: CD d I estment, I . içger VkU° 2tia By: 2.. (Print full name) Print: (2ANILic k-- U.U-cctl_. Title: \I►ce Eizk ',o crrc- (Signature) !VIVA 4" 00ha-" (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 k$'� day of MAAA , 2021, by ?A-Iticx, L.v'`t- , as \ ;oe VQ i.D of CDC Land Investments, Inc., manager of CDC Land Investments, LLC, who is (personally known to me or ( ) has produced as identification. 0,..,....Q.._---R- -p-,... . o"a�pG°� Valerie L Pike I Notary P blic ,) r Commission#HH 32134 ( V A, �,; L. p` �, a Commission Expires 08.17-2024 Name: JA-'. 4 '� �° Bonded Through-Cynanotary Certificate No. 1�1�• 3Z13 L +� OFf� Florida-Notary Public 1 - My Commission expires: AUG. r7))-cwA4 May 17, 2021 Pale i of _6 11ii WITNESS: GARGIULO, INC. (Signature) a Foreign Profit Corporation _Td�ly ?.�c(uct 9 (Print full name) By: Print Name: Michael W. Sullivan Title: President/CEO (Signature) aWAM-n G/1 s (Print) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was executed before me by means of physical presence or online notarization this Je4h day of May , 2021, by ( dal la.) S Nail, as?trs te6Oof Gargiulo, Inc., a Foreign Profit Corporation. Notary Public Name: jO yctc. (J i Y15 Certificate No. `,��N1i1►N�1i� My Commission expires: ‘�DyCE 'CO( �� ���// a ;icA �v E1:',•• %. .} 4��0 fie,It" 7_ •• #H 058437 * ESCROW AGENT: COLEMAN, YOVANOVICH & KOESTER, P.A. By: Richard D. Yovanovich, Esq. Its: V i ('reS i de n, Date: 511o►‘aba l May 17, 2021 rage 5 of