Agenda 06/09/2015 Item #16D18 Proposed Agenda Changes
Board of County Commissioners Meeting
June 9,2015
Page 2
Item 16D18 Fiscal Impact has been revised:
Recommendation to approve a standard
Donation Agreement that allows Naples North, LLC
to donate a 2.50-acre parcel along with a
management endowment of$405.040 $9, 737.50 to
the Conservation Collier Land Acquisition Program
under the offsite vegetation retention provision of
the Land Development Code, at no cost to the
County, and authorize the Chairman to sign the
Donation Agreement and staff to take all necessary
actions to close. (Staffs request)
Time Certain Items:
Item 9A to be heard at 9:30 a.m.,immediately followed by Items 9B and 9C
6/9/2015 8:49 AM
6/9/2015 16.D.18.
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Naples North, LLC to
donate a 2.50-acre parcel along with a management endowment of$4,050.80 to the Conservation
Collier Land Acquisition Program under the offsite vegetation retention provision of the Land
Development Code, at no cost to the County, and authorize the Chairman to sign the Donation
Agreement and staff to take all necessary actions to close.
OBJECTIVE: To accept a donation of a 2.50acre parcel and a management endowment for the
Conservation Collier Program as contemplated by the LDC.
CONSIDERATIONS: A 2010 Land Development Code amendment(Section 3.05.07 H.1.f.i. (f)and(g))
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.
North Naples, LLC is the owner of a 2.50-acre parcel and is planning to convey this parcel located within
the Red Maple Swamp in North Golden Gate Estates, along with a management endowment, to the
Conservation Collier Program as offsite preservation for 1.04 acres on the Mercedes Benz of North
Naples development under the above-referenced LDC provision. This parcel will be cleared of exotic
vegetation by Naples North, LLC prior to donation. Acceptance of this parcel by Conservation Collier
will serve to further the protection of environmentally sensitive lands within Red Maple Swamp Preserve.
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 Board meeting
(Agenda Item 10B). Additionally, the Land Development Code (LDC) Section 3.05.07, H.1.f. iii. (b)
specifically allows donations within North Golden Gate Estates Unit 53, aka Red Maple Swamp Preserve.
Upon 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 $8,000. The
$4,050.80 management endowment required by the LDC (25% of the cost to Conservation Collier of
similar lands) 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 2.50-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 the cost to
manage the property will be minimal. Potential future costs will be incorporated into the Conservation
Collier Long Term Financial Management Plan.
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 of County Commissioners:
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1) Approves and accepts a standard form Donation Agreement and Warranty Deed from Naples North,
LLC.
2) Authorizes the Chairman to execute the Donation Agreement with Naples North, LLC and any and all
other 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; and
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, Conservation
Collier Program
Attachments: Project Design Report-Naples North LLC
Mercedes Benz Donation Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.18.
Item Summary: Recommendation to approve a standard Donation Agreement that allows
Naples North, LLC to donate a 2.50-acre parcel along with a management endowment of
$4,050.80 to the Conservation Collier Land Acquisition Program under the offsite vegetation
retention provision of the Land Development Code, at no cost to the County, and authorize the
Chairman to sign the Donation Agreement and staff to take all necessary actions to close.
Meeting Date: 6/9/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Parks&Recreation
5/7/2015 8:27:34 AM
Submitted by
Title: Environmental Specialist,Principal, Conservation Collier
Name: SuleckiAlexandra
5/7/2015 8:27:35 AM
Approved By
Name: Washburnllonka
Title:Manager-Park Operations,Parks &Recreation
Date: 5/7/2015 12:20:26 PM
Name: WilliamsBarry
Title: Division Director-Parks &Recreation, Parks &Recreation
Date: 5/7/2015 2:09:54 PM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 5/7/2015 4:33:39 PM
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
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Date: 5/11/2015 8:10:58 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 5/19/2015 8:42:52 AM
Name: SuleckiAlexandra
Title: Environmental Specialist,Principal,Public Services Department
Date: 5/19/2015 2:21:41 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 5/20/2015 1:35:36 PM
Name: TownsendAmanda
Title: Division Director-Operations Support, Public Services Department
Date: 5/20/2015 4:38:13 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/21/2015 8:13:54 AM
Name: FinnEd
Title: ManagementBudget Analyst, Senior, Office of Management&Budget
Date: 5/26/2015 12:07:32 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/28/2015 8:14:21 AM
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Conservation Collier Land Acquisition Program
Project Design Report
"417 Conservation Collier:
Mercedes Benz Donation Parcel
Red Maple Swamp Preserve
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Date: June 9, 2015
Property Owner: North Naples, LLC—to be donated for Mercedes Benz Project
(PL20140001591)
Folio(s): 39490840100
Location: Golden Gate Estates Unit 53 E1/2 of Tract 11
Size: 2.5 ac
Collier County Appraiser Value: $8,000
History of Project:
Project Selected for the "A" AAL most recently Donation CCLAAC review*
category, #1 priority, on the approved by BCC Application
Active Acquisition List Received
(AAL)by CCLAAC
12/15/04 1/25/11 2/2/15 12/13/10
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*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
brought back to CCLAAC for additional recommendation. The date noted is when
CCLAAC last recommended the multi-parcel project for approval.
Purpose of Project: Environmental Conservation—Conservation Collier Program
Program Qualifications:
The Red Maple Swamp multi-parcel project, which includes the 2.5 acre Naples North
LLC/Mercedes Benz 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. This parcel is located within the Red
Maple Swamp Project Area.
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
acquired 200.24 acres and 71 parcels and currently owns 65% of lands within the project
area.
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
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
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 15%to 35% of the vegetation, and exist throughout the parcel.
Listed wetland dependent birds, including Wood storks, snowy egrets, ibis and little blue
herons have been observed during site visits and the entire unit is directly adjacent to
Priority One Panther Habitat, as designated by the Florida Fish and Wildlife
Conservation Commission. Deer have been observed and Florida Black bears are known
to inhabit adjoining public lands.
In addition to protecting wetlands and listed species habitat, another important reason for
the selection of Red Maple Swamp as a conservation target is that it is connected on its
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 connect with the Pepper Ranch and Caracara Prairie
Preserves, private mitigation lands and lands protected under the County's Rural Lands
Stewardship Program. Conservation Collier acquisitions within NGGE Unit 53 would
enhance, protect, and buffer these conserved lands. The acquisition of lands within Red
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Maple Swamp will also provide additional public access opportunities to the 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 when
planning for public access to Red Maple Swamp lands.
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
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.
This parcel contained approximately 15-35% exotic cover. It will be treated by the
donors prior to acceptance. Control of exotics on this parcel, consisting of herbicide
applications, will be ongoing from time of acceptance. The donated management
endowment of$4,050.80 will cover exotic maintenance for approximately 4 years. After
that time, exotic maintenance should be minimal and will be included in the management
budget for the overall Red Maple Swamp project. 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. Nature photography and
bird watching from roadways are two activities that can occur at present. After
consideration of risks and liability, it may be possible to allow school children to visit
specific parcels as part of an educational program about wetlands. Currently, 41St Ave
NW, an unpaved limerock road, provides access and the only parking is along the road
right-of-way. Minimal management activities, like regular visitation and trash removal
can be accomplished using both staff and volunteer labor.
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CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39490840100
MERCEDES BENZ
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between NAPLES NORTH, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, (hereinafter referred to as "Owner"), whose mailing address is 505 S.
Flagler Drive, Suite 700, West Palm Beach, FL 33401, and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose address is 3335
Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "County").
WITNESSETH:
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 as follows:
THE EAST HALF OF TRACT 11, GOLDEN GATE ESTATES UNIT NO. 53,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK
7 PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY IDENTIFICATION NUMBER: 39490840100
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
terms including that no compensation shall be due and payable for the Property requested by
County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($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.
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
the public records of Collier County, Florida. Owner shall provide such instruments, properly
executed, to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
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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 agreement
on behalf of the County for extensions of up to an additional sixty (60) days without further
approval by the Board of County Commissioners.
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 PL-20140001591,
Mercedes-Benz of North Naples, as required by the 2010 Land Development Code
amendment (Section 3.05.07 H.1.f. (f) and (g).
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
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
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
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
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.
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
Closing and is not deemed satisfied by conveyance of title.
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
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
intangible taxes shall be borne and paid by Owner.
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.
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,
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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,
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
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
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. (If 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
of Florida
IN WITNESS WHEREOF, the Owner has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney 097 '�
Gj
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AS TO OWNER:
Witness#1 (Signature)
Witness#1 (Printed Name) NAPLES NORTH, LLC, a Delaware
limited liability company
Witness#2(Signature)
BY:
Witness#2(Printed Name) Terry Taylor, as Manager
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