Agenda 07/07/2015 Item #11D7/7/2015 11. D.
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT 1
LLC, a foreign limited liability company, to donate a 1.14 acre parcel along with a management
endowment of $4,440.30 to the Conservation Collier Land Acquisition Program under the offsite
vegetation retention provision of the Land Development Code LDC Sec 3.05.071LI.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.
OBJECTIVE: To accept of a donation of a 1.14 -acre parcel for the Conservation Collier Program, with
prohibited exotic vegetation having been removed, and including a management endowment of
$4,440.30.
CONSIDERATIONS: A 2010 Land Development Code (LDC) amendment (Section 3.05.07 H.l.fiii.
(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.
JD DEVELOPMENT 1 LLC, a foreign limited liability company, is presently under contract to purchase
a 1.14 acre parcel and has advised staff it plans to convey this parcel located within the Red Maple
Swamp Preserve in North Golden Gate Estates, along with a management endowment, to the
Conservation Collier Program as offsite preservation for 0.75 acres on the Legacy Estates development
(PL20140001803) under the above referenced LDC provision. JD DEVELOPMENT 1 LLC, a foreign
limited liability company, has further informed staff that it expects to close by the deadline set forth in
Paragraph 3of the Agreement, sixty (60) days from Board approval. The referenced Donation Agreement
deadline provides that failing to timely close will result in the Agreement becoming null and void, and of
no further force and effect.
This parcel will be cleared of exotic vegetation prior to donation. The management endowment of
$4,440.30 satisfies the LDC (Section 3.05.07 H.l.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 other Designations is $15,508 per acre; therefore the endowment is calculated at $15,580 x.25
(acres) for a total endowment amount of $4,440.30. To benchmark the endowment formula, the South
Florida Water Management District requires $500 per acre as endowment for donations. 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 Active Acquisition A -List, which was approved at the January 25,
2011Board meeting (Agenda item 10B). Additionally, the Land Development Code (LDC) Section
3.05.07, H.l.f. iii. (b) specifically allows donations within North Golden Gate Estates Unit 53, aka Red
Maple Swamp Preserve.
Upon Board approval and acquisition of the parcel by JD Development 1 LLC within the 60-day
deadline, 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 immediate fiscal impact 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 $3,648.
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The $4,440.30 management endowment required by the LDC is expected to cover maintenance costs for
approximately 8 years. Because of its environmental condition, its location within the Red Maple Swamp
Preserve boundary and the proposed management endowment, this 1.14 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, 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:
1) Approves and accepts a standard form Donation Agreement and Warranty Deed from JD
DEVELOPMENT 1 LLC, a foreign limited liability company.
2) Authorizes the Chairman to execute the Donation Agreement with JD DEVELOPMENT 1 LLC, a
foreign limited liability company, 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
Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division, Conservation
Collier Program
Attachments: Donation Agreement
Legacy Estates Donation Project Design Report
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.D.
7/7/2015 11. D.
Item Summary: Recommendation to approve a standard Donation Agreement that allows
JD DEVELOPMENT 1 LLC, a foreign limited liability company, to donate a 1.14 -acre parcel along
with a management endowment of $4,440.30 to the Conservation Collier Land Acquisition
Program under the offset 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. All future land donations
will be suspended until after the next LDC update, when the Board will give direction regarding
unfunded maintenance responsibilities of donated lands. Companion to Item 16A16.
Meeting Date: 6/23/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Public Services Department
5/21/2015 2:54:49 PM
Submitted by
Title: Environmental Specialist, Principal, Public Services Department
Name: SuleckiAlexandra
5/21/2015 2:54:50 PM
Approved By
Name: Washbumllonka
Title: Manager - Park Operations, Public Services Department
Date: 5/21/2015 3:29:17 PM
Name: HerreraSandra
Title: Manager - Procurement, Administrative Services Department
Date: 5/21/2015 3:33:06 PM
Name: MarkiewiczJoanne
Title: Division Director - Purchasing & Gen Svc, Administrative Services Department
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Date: 5/26/2015 7:23:49 AM
7/7/2015 11. D.
Name: SuleckiAlexandra
Title: Environmental Specialist, Principal, Public Services Department
Date: 5/29/2015 5:09:34 PM
Name: WilliamsBarry
Title: Division Director - Parks & Recreation, Public Services Department
Date: 5/30/2015 9:31:05 AM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 6/3/2015 1:40:38 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 6/4/2015 10:18:07 AM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 6/4/2015 1:35:14 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/5/2015 10:30:15 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/11/2015 11:23:49 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/16/2015 9:02:21 AM
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7/712015 11. D.
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39490480007
LEGACY ESTATES
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into by and between JD DEVELOPMENT 1 LLC, a foreign limited liability
company, (hereinafter referred to as "Contract Purchaser "), whose mailing address is 101
Terrace Drive, Lake Geneva, WI 53147, 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, 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"
(said. hereinafter referred to as the 'Property"), which is attached hereto and made a part of
this Agreement is not yet owned by Contract Purchaser but is to be acquired;
WHEREAS, once the Property is acquired it will be donated to Collier County to satisfy
the offsite preservation requirement for PL- 20140001803, Legacy Estates, as required by the
2010 Land Development Code amendment (Section 3.05.07 H.1.f.iii (a) and (b));
WHEREAS, Contract Purchaser recognizes the benefit to Contract Purchaser 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. Contract Purchaser shall convey the Property via a Warranty Deed to County at no
cost to the County, unless otherwise stated herein.
2. Prior to Closing, Contract Purchaser 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. Contract Purchaser 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;
unless extended by mutual written agreement of the parties hereto. The Manager of Real
a
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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 I
approval by the Board of County Commissioners.
4. Contract Purchaser 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- 20140001803, Legacy Estates, as required by the 2010 Land Development Code
amendment (Section 3.05.07 H.1.f.i. (f) and (g).
5. Contract Purchaser 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 Contract Purchaser 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 Contract Purchaser 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. Contract Purchaser 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 Contract Purchaser'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 Contract Purchaser.
Contract Purchaser 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.
Contract Purchaser 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 Contract Purchaser.
8. Prior to Closing, Contract Purchaser shall remove or cause to be removed from the
Property, at Contract Purchaser'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,
a
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successors, successor trustees, and /or assignees, whenever the context so requires or
admits.
10. Conveyance of the Property by Contract Purchaser 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 Contract Purchaser holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for others,
Contract Purchaser 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 Contract Purchaser has caused these presents to be
executed the date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIM NANCE, CHAIRMAN
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AS TO CONTRACT PURCHASER:
Witness #1 (Signature)
Witness #1 (Printed Name)
Witness #2 (Signature)
Witness #2 (Printed Name)
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JD DEVELOPMENT 1 LLC, a foreign limited
liability company
BY:
Title /Name
NAME:
(Print or Type)
4�
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EXHIBIT A
THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 8, GOLDEN GATE
ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 7, PAGE 92, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
TAX IDENTIFICATION NUMBER: 39490480007
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Conservation Collier Land Acquisition Program
Project Design Report
Legacy Estates - Donation
Date: June 23, 2015
Property Owner: Current owners are Anthony C. Albano and Marie Goffredo, but
upon Board approval of the donation it will be acquired by JD Development 1 LLC and
donated to Conservation Collier.
Folio(s): 39490480007
Location: Golden Gate Estates Unit 53 E 75 Feet of Tract 8
Size: 1.14 acre
Collier County Appraiser Value: $3,648
History of Proiect:
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) b 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 1.14 -acre Legacy Estates
donation parcel, is referenced within the Land Development Code (LDC) Section
3.05.07, H.l.f. iii. a. as an appropriate offsite location for land donations to satisfy
developer preservation commitments.
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
n 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 to this area and the entire project area is
directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and
Wildlife Conservation Commission. Deer have been observed in the area 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) connects 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
Maple Swamp will also provide additional public access opportunities to the area
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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.
Proiected 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 $4,440.30 will cover exotic maintenance for approximately 8 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, 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 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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