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Resolution 2023-121 RESOLUTION NO.2023 - 121 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NO. 2021-120 WHICH CREATED THE BELLMAR VILLAGE STEWARDSHIP RECEIVING AREA, AND AMENDING THE STEWARDSHIP CREDIT AGREEMENT, TO INCREASE THE STEWARDSHIP CREDITS THAT ARE BEING UTILIZED BY THE DESIGNATION OF THE BELLMAR VILLAGE STEWARDSHIP RECEIVING AREA FROM 6,742 TO 8,427.50 CREDITS. THE SUBJECT 999.74 ACRE PROPERTY IS LOCATED APPROXIMATELY 4 MILES SOUTH OF OIL WELL ROAD, EAST OF DESOTO BOULEVARD BETWEEN 4TH AVENUE NE AND 8TH AVENUE SE, ALL EAST OF DESOTO BOULEVARD IN SECTIONS 2, 3, 10 AND 11, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, on June 8, 2021, the Board of County Commissioners adopted Resolution No. 2021-120,which created the Bellmar Village Stewardship Receiving Area("Bellmar 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 Bellmar 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, 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 eight thousand four hundred twenty-seven and fifty hundredths(8,427.50) Stewardship Credits to Collier County. 2. There are two Agreements related to this SRA. They are (1) a Landowner Agreement for Rivergrass Village which includes transportation commitments for Bellmar Village recorded in Official Records Book 5726 Page 3331 et. seq. of the [22-CPS-02193/1783705/1]49 Bellmar Village 4/10/23 1 of 2 public records of Collier County; and (2) a Developer Agreement related to servicing of Bellmar Village by the Collier County Water and Sewer District recorded in Official Records Book6266 Page 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. THIS RESOLUTION ADOPTED this -1 day of U'u— , 2023, after motion, second, and favorable vote. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA ,-4. r l.i` By: By: ,� •attest to _. -''�u Clerk Rick LoCastro, Chairman signature Approved as to form and legality: I rC4 l l l leidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit C— First Amendment to Stewardship Credit Agreement [22-CPS-02193/1783705/1]49 Bellmar Village 4/10/23 2 of 2 EXHIBIT C FIRST AMENDMENT TO STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR BELLMAR VILLAGE SRA THIS STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT (hereinafter referred to as the ("Agreement") is made and entered into this jr? of , 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 999 Vanderbilt Beach Road, Suite 507, Naples, Florida 34108, for the purpose of re- designating the number of "Stewardship Sending Area" (SSA) Credits consumed in the designation of Bellmar Village as a Stewardship Receiving Area and the source of those SSA credits. RECITALS WHEREAS, on June 8, 2021, the Board of County Commissioners adopted Resolution No. 2021-120, which created the Bellmar Village Stewardship Receiving Area("Bellmar SRA"); WHEREAS, as part of the creation of the Bellmar SRA, the County and landowners, Collier Land Holdings, Ltd. and CDC Land Investments, LLC (the "Landowners")entered into a Stewardship Credit Agreement dated June 8, 2021 (the"Stewardship Credit Agreement"); WHEREAS, the Landowners have agreed to increase the stewardship credits that are needed for the designation of the Bellmar 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; [22-CPS-02193/1698848/1]10 First Amendment to Hefter SRA Words underlined are added;words struck gh are deleted. 1 of 5 3-9-23 WHEREAS, the Landowners and the County desire to amend the Stewardship Credit Agreement to recalculate the Stewardship Credits needed from Stewardship Sending Area #15; and WHEREAS, Collier Enterprises Management, Inc. is no longer an applicant for the Bellmar Village Stewardship Receiving Area, and it has withdrawn as a party or signatory to any amendments to the Credit Agreement. 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,v42 8,427.50 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 999.74 acres proposed in the Bellmar 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-02193/1698848/1]I0 First Amendment to Bellmar SRA Words underlined are added;words strek-through are deleted. 2 of 5 3-9-23 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 above. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL,K. ZEL,CLERK COLLIER ' F ORIDA L�.uGI CCi, k3y: A ett'a,toteha#nIQi k f ' , r I ( c ;1, , Chairman signatiitt.614. Approved as to for nia i legality: By: fi eidi Ashton-Cicko Managing Assistant County Attorney FS ) TARPON BLUE CE MANAGEMENT, LLC nall'ail,6U (Siignatture) c p By: 0" Print full name) Printed Name:(6104/0— r ,a Title: tgnature) rl La (Print full name) STATE OF FLORIDA COUNTY OF COLLIER 4 The foregoing Stewardship Receiving Area Credit Agreement was executed before me this day of .�� ? �a , 2(t23, by 'Y�C' 1 l ,as b,t�Lt;[s��Z,'� of Tarpon Blue CE Management,LLC.TERI TATE air c Notary Public,State of Texas Notary Public ••= Comm.Expires 02-10-2024 Print Name Tecj ''~4 L)Notery ID 13235653-7 Certificate No. \ D -) (7 6 3-- My Commissioner Expires [22-CPS-02193/1698848/1]10 First Amendment to Bellmar SRA Words underlined are added;words stfuelt-trough are deleted. 3 of 5 3-9-23 WITNESS: COLLIER LAND HOLDINGS, LTD, A Florida limited partnership, formally known as Collier Enterprises, LTD, a Florida limited partnership. ---- tiLf2-4k- s�- By: Tarpon Blue CE Management,LLC. a ignatulre) 1 Florida Corporation, it's General Partner la►'Lgl- VAX 1 I Q Ce By: ', .(P rint ll namv) Printed Name: Kenneth Smith IV W Title: ttutecee ' (Signature) ., ruI4* rp (Print full name) c TNESS: A& CDC LAND INVESTMENTS, LLC, A Florida limited liability company gnature) Y-\ a WCO,\QC-t_ By:(' ( rint full name Printed Name: Kenneth Smith '� Title: 4-vn- (Signature) , l r&t !w &rD6i) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER 1L1lA, The foregoing Stewardship Receiving Area Credit Agreement was executed before me this day of.\\.)( . 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 LTI).,a Florida limited partnership. ,..'1":::��i, TERI TATE '/ tv .) aP ' ':`t,:Notary Public.State of Texas - i•= Notary Public - ';"�. iv� Comm.Expires 02-10-2024 ;e.\ t 1�1 '''f oc �` NotaryPrint Name 1 -\ .,,,,,„ ID 13235053-7 n • (SEAL) Certificate No. , S 5 f3 3- I My Commissioner Expires -IQ 94 [22-CPS-02193/1698848/1]10 First Amendment to Bellmar SRA Words underlined are added;words struck through are deleted. 4 of 5 3-9-23 STATE OF FLORIDA COUNTY OF COLLIER 14/h,'l.he for going Stewardship ReceiN in,Area Credit Agreement was executed hethre me this , day of , 2023. by Kenneth Smith, as Sole Manager of Tarpon Blue CE Management,LLC,the Manager of CDC Land kiii,cstmeptii LLC. I ,.� v,v'yo.,,, TERI TATE Nolary Public :T;' `>; Notary Public,State of Texas Print Name �e t; ( v ct-e 4x. ..; Comm.Expires 02-10-2024 '.;� `tea', Notary ID 13235653-7 V01 I Certificate No. \ �3�1 My Commissioner Expires 31O-ark [22-CPS-02193/1698848/1 l I O First Amendment to Bellmar SRA Words underlined are added;words ugh are deleted. 5 of 5 3-9-23