Agenda 10/25/2016 Item #16D 4 Proposed Agenda Changes
Board of County Commissioners Meeting
October 25,2016
Move Item 16D4 to Item 11E: Recommendation to approve a standard
Donation Agreement that allows Global Properties of Naples, LLC, a Florida
along limited liability company to donate a 2.73 acre parcela o g with a
management endowment of$10,633.35, to the Conservation Collier Land
Acquisition Program under the offsite vegetation retention provision of the
Land Development Code LDC Sec 3.05.07H.1.f.iii. (b), at no cost to the
County, and authorize the Chairman to sign the Donation Agreement and
staff to take all necessary actions to close. This is a follow-up item to
Ordinance 15-33, approved on June 9, 2015, Agenda Item 9.B.
(Commissioner Nance's request)
Move Item 16F5 to Item 11F: Recommendation to approve the proposed Collier County
State and Federal Legislative Priorities for 2017 and adopt the attached resolutions.
(Commissioner Taylor's request)
Deny Item 16J4 until such time as the Clerk certifies that the payables presented in this report have
been pre-audited as previously specified by the Board: To provide to the Board a "Payables
Report" for the period ending October 19,2016 pursuant to the Board's request.(Staff's request)
Move Item 16K8 to Item 12B: Recommendation to request for authorization to advertise for
future consideration an amendment to Ordinance No.2010-29,the Collier County Public Parks
and Beach Access Parking Ordinance,to clarify its intent as it relates to park and beach users
who also wish to visit nearby shopping and restaurants as part of the overall recreational
opportunity for that beach or park. (Commissioner Taylor's request)
Note:
Item 17B Orange Blossom PUD: The master plan attached to the proposed Ordinance shall be
amended to add an access point to the commercial property which was erroneously omitted on the
master plan. This access point is shown on the master plan approved by Ord.No.04-74. The
commercial property owner is not a participant in the PUD amendment. (Staff's request)
Time Certain Items:
Item 11D to be heard at 10:00 a.m.
Item 8A to be heard at 10:30 a.m.
Item 9A to be heard at 1:30 p.m.,immediately followed by Items 9B and 11C
10/26/2016 10:04 AM
16.D.4
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Global Properties of
Naples, LLC, a Florida limited liability company to donate a 2.73 acre parcel along with a
management endowment of $10,633.35, to the Conservation Collier Land Acquisition Program
under the offsite vegetation retention provision of the Land Development Code LDC Sec
3.05.07H.l.f.iii. (b), at no cost to the County, and authorize the Chairman to sign the Donation
Agreement and staff to take all necessary actions to close. This is a follow-up item to Ordinance 15-
33,approved on June 9,2015,Agenda Item 9.B.
OBJECTIVE: To propose a land and a management endowment to Conservation Collier as
contemplated in the offsite vegetation retention provision of the Land Development Code.
CONSIDERATIONS: A 2010 Land Development Code amendment, Section 3.05.07 H.l.f.i. (a) and(b),
provides the option to developers to accomplish their required native vegetation retention offsite by
donating lands and management endowment funds to the Conservation Collier Program.
Global Properties of Naples, LLC, is the owner of a 2.73 acre parcel and is planning to convey this parcel
located within the Red Maple Swamp Preserve in Golden Gate Estates, along with a management
endowment, to the Conservation Collier Program as offsite preservation for 2.73 acres on the Vincentian
Village PUD development (PL20130001767/CP-2013-10) under the above referenced LDC provision.
The Vincentian PUD Ordinance 15-33, Exhibit F, Section II.B., which was approved on 9/9/15, Agenda
Item 9.B.,allows up to 2.98 acres to be mitigated by off-site native vegetation preservation.
The proposed donation parcel will be cleared of exotic vegetation prior to donation. The management
endowment of$10,633.35 satisfies the LDC (Section 3.05.07 H.1.f.iii. (b))requirement that"The amount
of payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent
of the average cost of land in all of the Designations, as applicable, as defined by the Future Land Use
Element (FLUE), purchased by Collier County through the Conservation Collier Program." The average
cost of land in all non-urban designations is $15,578 per acre; therefore the endowment is calculated at
25%of$15,578 ($3,985) X 2.73 for a total endowment amount of$10,633.35. This amount will cover
exotic maintenance for approximately 7 years.
The CCLAAC previously recommended acquisition of parcels within Red Maple Swamp Preserve, as all
parcels in this project are on the 2011 A-List, which was approved at the January 25, 2011, Agenda Item
No, 10B. Additionally, LDC Section 3.05.07, H.1.f. iii. (b) specifically allows donations within Golden
Gate Estates Unit 53,aka Red Maple Swamp Preserve.
Upon Board approval, the attached standard form Donation Agreement and a Warranty Deed will be
prepared for the County Attorney's Office review and approval for execution by the Chair and
recordation.
FISCAL IMPACT: There is no cost to the County associated with acceptance of this property. The
Collier County Property Appraiser values this parcel at $3,200 per acre or a total of $8,736. The
$10,633.35 management endowment is expected to cover maintenance costs for 7 years. Because of its
environmental condition, its location within the Red Maple Swamp Preserve boundary and the proposed
management endowment, this 2.73 acre donation is not anticipated to increase the Red Maple Swamp
Preserve project perpetual operations and maintenance costs in the near future. After endowment funds
are depleted, and at least 70% of the project is acquired (currently at 67%), costs to manage the property
are expected to be approximately$558 per acre or$1,524 per year.
Packet Pg. 1422
16.D.4
10/25/2016
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with
and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
majority vote for approval. -JAB
RECOMMENDATION: Staff is recommending that the Board:
1) Approves and accepts a standard form Donation Agreement and Warranty Deed from Global
Properties of Naples,LLC,a Florida limited liability company.
2)Authorizes the Chairman to execute the Donation Agreement with Global Properties of Naples, LLC, a
Florida limited liability company and any and all other County Attorney's Office approved documents
related to this transaction once they have been approved by the County Attorney's Office;
3)Authorizes staff to accept the land management endowment of$10,633.35 that is required by the LDC.
4) Directs the County Manager or his designee to proceed to acquire this parcel,to follow all appropriate
closing procedures, to record the deed and any and all necessary documents to obtain clear title to this
parcel,and to take all reasonable steps necessary to ensure performance under the Agreement.
Prepared By: Cindy Erb, Sr. Property Acquisition Specialist,Facilities Management Division and
Alexandra Sulecki,Principal Environmental Specialist,Parks and Recreation Division
ATTACHMENT(S)
1. Scanned Donation Agreement 9-2-2016 (PDF)
2.Vincentian-Global Properties-PDR (DOCX)
Packet Pg. 1423
16.D.4
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Item Summary: Recommendation to approve a standard Donation Agreement that allows Global
Properties of Naples, LLC, a Florida limited liability company to donate a 2.73 acre parcel along with a
management endowment of$10,633.35, to the Conservation Collier Land Acquisition Program under the
offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.1.f.iii. (b), at no
cost to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all
necessary actions to close. This is a follow-up item to Ordinance 15-33, approved on June 9, 2015,
Agenda Item 9.B.
Meeting Date: 10/25/2016
Prepared by:
Title: Operations Analyst—Parks&Recreation
Name: Natali Betancur
09/26/2016 11:53 AM
Submitted by:
Title: Division Director-Parks&Recreation—Parks&Recreation
Name: Barry Williams
09/26/2016 11:53 AM
Approved By:
Review:
Public Services Department Amanda O.Townsend Level 1 Add Division Reviewer Completed 09/26/2016 12:05 PM
Parks&Recreation Alexandra Sulecki Level 1 Add Division Reviewer Completed 09/26/2016 12:17 PM
Parks&Recreation Ilonka Washburn Level 1 Add Division Reviewer Completed 09/26/2016 12:39 PM
Parks&Recreation Barry Williams Level 1 Originator Add Reviewer Completed 09/27/2016 1:38 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/04/2016 11:03 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/04/2016 1:08 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/11/2016 12:26 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/11/2016 1:57 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/11/2016 3:57 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2016 10:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2016 12:25 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 1424
16.D.4.a
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39493560005
VINCENTIAN VILLAGE PUD
0
>
w
U)
DONATION AGREEMENT
0
w
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GLOBAL PROPERTIES OF NAPLES, LLC, a Florida
limited liability company, (hereinafter referred to as "Owner"), whose mailing address is 2614
Tamiami Trail North, Suite 615, Naples, FL 34103, and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose address is 3335 2
Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "County"). Cl
0
WITNESSETH: 3
WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A" attached hereto and made a part hereof by reference.
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said 0
terms including that no compensation shall be due and payable for the Property requested by
County. 0
••
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
(.1
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Property via a Warranty Deed to County at no cost to the
County, unless otherwise stated herein.
E
ci)
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording in 0
the public records of Collier County, Florida. Owner shall provide such instruments, properly
executed, to County on or before the date of Closing. 0
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within one hundred twenty (120) days from the date County executes this
Agreement; unless extended by mutual written agreement of the parties hereto. The
Manager of Real Property Management or designee is authorized to enter into such mutual
written agreements on behalf of the County for extensions of up to an additional sixty (60)
days without further approval by the Board of County Commissioners. 0
1
Packet Pg. 1425
16.D.4.a
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida. The
purpose of the Agreement is to satisfy the offsite preservation requirement for
0
PL20130001767/CP-2013-10, Vincentian Village PUD, as required by the 2010 Land
Development Code amendment (Section 3.05.07, H.1.f.i. (a) and (b)).
5. Owner represents that the Property and all uses of the Property have been and
(/)
presently are in compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the Property ca
except as specifically disclosed to the County; that the Owner has no knowledge of any spill "8
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien 0_
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
a.
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title, 0
6. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney fees
and expenses whether in court, out of court, in bankruptcy or administrative proceedings or
on appeal), penalties or fines incurred by or asserted against the County by reason or arising
out of the breach of Owner's representation under Section 5. This provision shall survive
0
Closing and is not deemed satisfied by conveyance of title. C
.173
0
7. The cost of a title commitment and title policy shall be paid by Owner. Owner shall
pay for all costs of recording the conveyance instrument, and recording costs for any curative
instruments, in the Public Records of Collier County, Florida. Owner shall be responsible for (.1
paying any costs and/or fees associated with the securing and recording any Releases of
mortgage(s) recorded against the Property from any mortgagee(s). All other costs
associated with this transaction including but not limited to transfer, documentary and (N.4
CT)
intangible taxes shall be borne and paid by Owner.
E
8. Prior to Closing, Owner shall remove or cause to be removed from the Property, at
Owner's sole cost and expense, any and all exotic vegetation on the Property deemed
necessary to be removed by County.
0
9. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, personal representatives,
successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
10. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
2
11517)
Packet Pg. 1426
16.D.4.a
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
0
agreements, undertakings, promises, warranties, or covenants not contained herein.
11. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
0
the name and address of every person having a beneficial interest in the Property before the
Property held in such capacity is conveyed to County, its successors and assigns. Of the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State Q.
2
of Florida 0.
IN WITNESS WHEREOF, the Owner has caused these presents to be executed the 0
3
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: 4e'
AS TO COUNTY:
DATED:
0
ATTEST: BOARD OF COUNTY COMMISSIONERS
0
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
N
ci
BY:
cr)
, Deputy Clerk DONNA FIALA, Chairman
(1)
Approved as to form and legality:
0
.T71
Jennifer A. Belpedio, Assistant County Attorney
-0
ci)
3
Packet Pg. 1427
16.D.4.a
AS TO OWNER:
a)
WITNESSES: GLOBAL PROPERTIES OF NAPLES, LLC .r75
a Florida limited liability company
Witness#1 (Signature)
(i)
a)
(a
Witness#1 (Print Name)
CHRISTOPHER SHUCART, AS MANAGER
0
Cl)
a)
t
a)
Witness#2(Signature)
2
a.
Witness#2(Print Name)
C
a)
E
a)
6a)
Ca
C
a
c`1
C)
C
a)
E
a)
C
4;i;
a
a
a)
C
C
Ca
(.)
(r)
4.J
C
E
ci
4
C94')
Packet Pg. 1428
6.D.4.a
-6
C-)
C
Exhibit "A"
0
al
THE EAST 180' OF TRACT 40, GOLDEN GATE ESTATES UNIT NO. 53, 0.°)
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7 2
PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, D..
To
FLORIDA.
3
PROPERTY IDENTIFICATION NUMBER: 39493560005C
.c
C
E
0
T'
C0
-3.
`,2
0
co'
E
0
oc
o
C
0
"a'
ci
E
0
42
Packet Pg. 1429
16.D.4.b
Conservation Collier Land Acquisition Program
Project Design Report
Global Properties of Naples, LLC —Vincentian PUD Donation 'o
v
c
GON} TI,. 0
J' w
Conservation Collier:Red Maple Swamp `r., L
Vincentian PUD Donation a)
f7Her Cnunry W
O
�
ii O
auo 00 N
z
g46
{ w
*
Qt
0.
O
o_
To
0
'' t of
324-
1 ti .1/4 tf E
t'
Er
'ce Dnrttta eta.913 eenala- I Q
,,,,e,„0,,Groae-y,,pre na
create:cY—o-xe�ation La t.er>t>nr Suf ri..
�,oee ago•<o:N.e.a, 0 1C,
?50 2,500 Feet O
Acpuletli ropeniexNeE ht eplt Swauiy
Vii1520t6.nxG e.tl a:c
i;"--a.
2,1_•
C
0
0
n
0
Date: June 23, 2015
rea
Property Owner: Global Properties of Naples, LLC a
a)
Folios : 39490480007a
a
Location: Golden Gate Estates Unit 53 E 180 Feet of Tract 40 2
n.
Size: 2.73 acres
0
Collier County Appraiser Value: $8,736
History of Project: ra
c
0
Project Selected for the "A" AAL most recently Donation CCLAAC review* c
category, #1 priority, on the approved by BCC Application >
Active Acquisition List Received c
(AAL)by CCLAAC E
12/15/04 1/25/11 8/15/16 12/13/10
Co
1
Packet Pg. 1430
16.D.4.b
*It was determined that properties within NGGE Unit 53/Red Maple Swamp and
Winchester Head, which are both approved donation areas in the LDC, do not need to be a)"
brought back to CCLAAC for additional recommendation. The date noted is when
CCLAAC last recommended the multi-parcel project for approval. U
Purpose of Project: Environmental Conservation—Conservation Collier Program
Program Qualifications:
0
The Red Maple Swamp multi-parcel project, which includes the 2.73-acre Vincentian U
PUD donation parcel, is referenced within the Land Development Code (LDC) Section
3.05.07, H.1.f. iii. a. as an appropriate offsite location for land donations to satisfy
developer preservation commitments.
N
Red Maple Swamp is an undeveloped Unit (Unit 53) within the North Golden Gate
Estates (NGGE) incorporating 305.69 acres and 105 parcels. Conservation Collier has o
acquired 74 parcels totaling 206.38 acres and currently owns 67% of lands within the
project area.
0
Native habitat present over the whole unit is wetland hardwood forest, with a substantial
portion of that being dominated by cypress and red maple swamp and the remainder by 3
native and exotic re-growth over a historic farm field (approximately 100 acres). This
parcel is not within the old farm field area. Soils, hydrology and extant plant species E
indicate that the entire unit is a seasonal wetland, with surface water present during rainy
season and moist conditions remaining during dry season (excepting drought conditions
when water tables may recede lower). The area contributes moderately to Lower
Tamiami aquifer recharge. This particular parcel contains cypress, red maple, dahoon
holly and popash in the canopy and wetland dependent and adapted plants in the midstory
and on the ground. Exotic invasive plants Brazilian pepper and Japanese climbing fern
make up anywhere from 35% to 45% of the vegetation, and exist throughout the parcel. o
Listed wetland dependent birds, including wood storks, snowy egrets, ibis and little blue o
herons have been observed during site visits to this area and the entire project area is n.
directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and a)
Wildlife Conservation Commission. Deer have been observed in the area and Florida
Black bears are known to inhabit adjoining public lands.
a
In addition to protecting wetlands and listed species habitat, another important reason for o
the selection of Red Maple Swamp as a conservation target is that it is connected on its E5
north and west sides with the 60,000 acre Florida Forever Corkscrew Regional
Ecosystem Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery
Swamp, Flint Pen Strand and Audubon's Corkscrew Swamp Sanctuary. Through them,
Red Maple Swamp (and this parcel) connects with the Pepper Ranch and Caracara Prairie '>
Preserves, private mitigation lands and lands protected under the County's Rural Lands c
Stewardship Program. Conservation Collier acquisitions within NGGE Unit 53 would
enhance, protect, and buffer these already conserved lands. The acquisition of lands
within Red Maple Swamp will also provide additional public access opportunities to the
2
Packet Pg. 1431
16.D.4.b
area including a connection with adjoining Bird Rookery Swamp, where a 1,200-foot
boardwalk has been built and nearly 12 miles of hiking trails have been created by South
Florida Water Management District (SFWMD). Staff will coordinate with SFWMD and
neighboring communities when planning for public access to Red Maple Swamp lands. ti
Projected Management Activities:
Removal of exotic plants, construction of trails, parking and placement of fencing and
signage are projected management activities. An Interim Management Plan (IMP) has
been drafted and approved. A final management plan will be developed once enough U
contiguous parcels have been acquired to make management actions cost effective.
Currently, 50 contiguous acres on the west side of the preserve are under management for
exotic plants. c
This parcel contains approximately 35-45% exotic cover. It will be treated by the donors
prior to acceptance. Control of exotics on this parcel, consisting of herbicide applications, Q
will be ongoing from time of acceptance. The donated management endowment a
proposed is $10,633.35 (2.73 acres x $3,895), which will cover exotic maintenance for
approximately 7 years. After that time, exotic maintenance will be included in the
management budget for the overall Red Maple Swamp project. In 2015, the Board of
County Commissioners directed staff to amend the current endowment funding formula
to provide additional management funds for donated parcels. Staff has been working to
do so, however, this donation comes at a time when the amendment has not been E
completed, and existing, lower funding formulas are still in place.
ET)
Because of the seasonal wetland nature of the site, any future trails may be seasonal. A
raised boardwalk would be the best public access opportunity, however, this will not be
considered until sometime well into the future of the project when more parcels are
acquired, if and when funds are identified. Nature photography and bird watching from
roadways are two activities that can occur at present. After consideration of risks and c
liability, it may be possible to allow school children to visit specific parcels as part of an N
educational program about wetlands. Currently, 41St Ave NW, an unpaved limerock ce
road, provides access and the only parking is along the road right-of-way. Minimal
management activities, like regular visitation, inspection and trash removal are being a
accomplished by staff and volunteers.
0
L
a
73
0
cts
0
C
C
E
0
tE
t4
r.+
4
3
Packet Pg. 1432