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Resolution 2023-122 RESOLUTION NO. 2023 -12 2 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NO. 20-24 WHICH CREATED THE RIVERGRASS VILLAGE STEWARDSHIP RECEIVING AREA, AND AMENDING THE STEWARDSHIP CREDIT AGREEMENT, TO INCREASE THE STEWARDSHIP CREDITS THAT ARE BEING UTILIZED BY THE DESIGNATION OF THE RIVERGRASS VILLAGE STEWARDSHIP RECEIVING AREA FROM 6,198.08 TO 7,747.6 CREDITS. THE SUBJECT 997.53 ACRE PROPERTY IS LOCATED SOUTH OF 45TH AVENUE NE AND NORTH OF 26TH AVENUE NE, ALL EAST OF DESOTO BOULEVARD IN SECTIONS 10, 14, 15, 22, 23, AND 27, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, on January 28, 2020, the Board of County Commissioners adopted Resolution No. 20-24, which created the Rivergrass Village Stewardship Receiving Area ("Rivergrass SRA"); and WHEREAS, the landowners, Collier Land Holdings, Ltd. and CDC Land Investments (the "Landowners") have agreed to increase the stewardship credits that are needed for the designation of the Rivergrass SRA from 8 credits per qualifying acre to 10 credits per qualifying credit in accordance with the terms of the Town Agreement dated June 8, 2021 between County and the Landowners; and WHEREAS, Enterprises Management, Inc. is no longer an applicant for the Rivergrass Village Stewardship Receiving Area, and it has withdrawn as a party or signatory to any amendments to the Credit Agreement. WHEREAS, the Landowners and the County desire to amend the Stewardship Credit Agreement to recalculate the Stewardship Credits needed from Stewardship Sending Area#15. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board hereby approves the First Amendment to Stewardship Receiving Area Credit Agreement, a copy of which is attached hereto as Exhibit "C", requiring the Landowners to transfer and assign seven thousand seven hundred ninety-eight and six tenths (7,747.6) Stewardship Credits to Collier County. [22-CPS-02194/1783700/1]37 Rivergrass Village 4/10/23 Page 1 of 2 2. There are two Agreements related to this SRA. They are (1) a Developer Agreement relating to transportation issues for Rivergrass Village recorded in Official Records Book 5726 Page 3331 et. seq. of the public records of Collier County; and (2) a Developer Agreement related to servicing of Rivergrass Village by the Collier County Water and Sewer District recorded in Official Records Book 5746 Page 3307 et. seq. of the public records of Collier County. These items are hereby incorporated by reference into this Resolution, as if fully set forth herein. These items may be separately amended without the need to amend this Resolution. -rF` THIS RESOLUTION ADOPTED this day of , 2023, after motion, second, and favorable vote. '1 ATTEST:` BOARD OF COUNTY COMMISSIONERS CRYSTALK. KINZEL,CLERK COLLIER COUNTY, FLORIDA By: By: Attest as to hairrnar;aW e u Rick LoCastro, Chairman w. signature only" Approved as to form and legality: c� o, Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit C— First Amendment to Stewardship Credit Agreement [22-CPS-02194/1783700/1137 Rivergrass Village 4/10/23 Page 2 of 2 EXHIBIT C FIRST AMENDMENT TO STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR RIVERGRASS VILLAGE SRA THIS STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT (hereinafter referred to as the ("Agreement") is made and entered into this,j7 day of ��;1�, , 2023, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as"County"whose mailing address is the Harmon Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112, Tarpon Blue CE Management, LLC. hereinafter referred to as "Applicant" whose mailing address is 999 Vanderbilt Beach Road, Suite 507, Naples, Florida 34108, and Collier Land Holdings, Ltd., a Florida limited Partnership, formerly known as Collier Enterprises, Ltd., a Florida limited partnership, and CDC Land Investments, LLC., a Florida limited liability company,hereinafter collectively referred to as"Owner",whose mailing addresses are 2550 Goodlette Road North, Suite 100, Naples, Florida 34103, for the purpose of re- designating the number of "Stewardship Sending Area" (SSA) Credits consumed in the designation of Rivergrass Village as a Stewardship Receiving Area and the source of those SSA credits. RECITALS WHEREAS, on January 28, 2020, the Board of County Commissioners adopted Resolution No. 20-24, which created the Rivergrass Village Stewardship Receiving Area ("Rivergrass SRA"); and WHEREAS, as part of the creation of the Rivergrass SRA, the County and landowners, Collier Land Holdings, Ltd. and CDC Land Investments, LLC (the "Landowners") entered into a Stewardship Credit Agreement dated January 28, 2020 (the"Stewardship Credit Agreement"); WHEREAS, the Landowners have agreed to increase the stewardship credits that are needed for the designation of the Rivergrass SRA from 8 credits per qualifying acre to 10 credits per qualifying credit in accordance with the terms of the Town Agreement dated June 8, 2021 between County and the Landowners; and [22-CPS-02194/1698405/1]4 First Amendment to Rivergrass SRA Words underlined are added;words struck-through are deleted. 1 of 5 3-22-23 WHEREAS, Collier Enterprises Management, Inc. is no longer an applicant for the Rivergrass Village Stewardship Receiving Area, and it has withdrawn as a party or signatory to any amendments to the Credit Agreement; and WHEREAS, the Landowners and the County desire to amend the Stewardship Credit Agreement to recalculate the Stewardship Credits needed from Stewardship Sending Area#15. NOW THEREFORE in consideration of the above premises and the expenditure of credits and authorizations granted hereby and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Paragraph 1 of the Stewardship Credit Agreement is hereby amended as follows: Applicant and Owner are hereby utilizing and transferring 6,198.08 7,747.6 Stewardship Credits (Credits) which shall be applied to the SRA land described in Exhibit"A: in order to carry out the land of development on the 997.53 acres proposed in the Rivergrass Village Development Document and summarized hereinafter. 2. Except as set forth herein,the Stewardship Credit Agreement remains in full force and effect. 3. This Agreement amends the Original Credit Agreement. [22-CPS-02194/1698405/1]4 First Amendment to Rivergrass SRA Words underlined are added;words store through are deleted. 2 of 5 3-22-23 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written abo ATTEST: of F ' ,BOARD OF COUNTY COMMISSIONERS CRYSTAL K. K�1Z ,CLERK COLLIER CC.,)L11.ITY, LORIDA •By: / est as to Ch>riri r"".a' eputy F< c k L 3 Ca s'i r 4 , Chairman signature o,t)1y' Approved as to fo and legality: By: Ctl A-7---- Heidi Ashton-Cicko Managing Assistant County Attorney i . WTARPON BLUE CE MANAGEMENT, LLC. 4 Signature) MiVCAt° k6Z.) By: -- -- int full name) ,\ Printed Name: rc,,,,,k74‘ S�. +, Title: //..,.�/ .)(1°)Ji`P(C2-- ignature) a\AooNia, 1 CiS,C, (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Receiving Area Credit Agreement was executed before me this \lr day of 3 )bi\ , 2023, by ►' , as kk of Tarpon Blue Management T,T,C. IF, 01.4.Ik TERI TATE _°: ,%Notary Public,State of Texas No ary Public..___ (i ='�° ''P Comm.Expires o2-653- 24 Print Name �QI('t 1C �,,,,;;;Z Notary ID 13235653-7 �—[ te (SEAL) Certificate No. r3j2� �(Qh .. 13 My Commissioner Expires 9-1 U. R.H. [22-CPS-02194/1698405/1]4 First Amendment to Rivergrass SRA Words underlined are added;words struck through are deleted. 3 of 5 3-22-23 WITNESS: COLLIER LAND HOLDINGS, LTD, A Florida limited partnership, formally known as Collier Enterprises, LTD, a Florida limited . istavtiL) partnership. By: Tarpon Blue CE Management, LLC. a (Signature) Florida Corporation, it's General Partner \ i -o &k- Gr14) By:O— rint full name) , Printed Name: Kenneth Smith 6196/21t- Title: y11,,,ie/ gnature) IVY"/ Da\AoLv&iletc€ (Print full name) ITNESS: CDC LAND INVESTMENTS, LLC, .zouitik) A Florida limited liability company Signature)\ -&F G1(D0 By: 40,Z------ t full name) . ,, Printed Nam! Kenneth Smith \ t.)03L)(a_ejt_ Title: V. Signature) a vla ,00 ( 04_t_ (Print full name) STATE OF FLORIDA COUNTY OF COLLIER \eThe foregoing Stewardship Receiving Area Credit Agreement was executed before me this day of Z"ure , 2023, by Kenneth Smith, as Sole Manager of Tarpon Blue CE Management, LLC, the General Partner of Collier Land Holdings LTD, a Florida limited partnership, formerly known as Collier Enterprises TD., a Florida limited partnership. efeld85 ��""'ty, TERI TATE �`1tp`Y. y o g" ii Notary Public,Stet*of Texas No ary Public r. t.,.,,.�£ Comm.Expires 02-10-2024 Print Name � ' of.v. Notary ID 13235853-7 ( tAL) A r r Certificate No. 325 15 S 3-1 My Commissioner Expires 2 tO- i [22-CPS-02194/1698405/1]4 First Amendment to Rivergrass SRA Words underlined are added;words struck through are deleted. 4 of 5 3-22-23 STATE OF FLORIDA COUNTY OF COLLIER I, A, The foregoing Stewardship Receiving Area Credit Agreement was executed before me this t day of , 2023, by Kenneth Smith, as Sole Manager of Tarpon Blue CE Management, L C,the Manager of CDC Land Inve, +-nts, L. �.�"!;p��,�h 1 e l TERI TATE Nota lic .�•►�. tag $ Notary Public,State of Texas Print Name t4s Comm.Expires 02-10-2024 1323 5 (JC )3- Vesowersimegglisalaysigoillio �L, Notary ID 13235853-7 Certificate No. My Commissioner Expires c)1 O''L 1 [22-CPS-02194/1698405/1]4 First Amendment to Rivergrass SRA Words underlined are added;words struckgr are deleted. 5 of 5 3-22-23