Agenda 04/10/2018 Item #16A2004/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement with Arrowhead Reserve at Lake Trafford
Property Owners Association, Inc. to release a parcel required for the Immokalee Stormwater
Improvement Program (Project 60143) from its Declaration in the amount of $135,832 (Project No.
60143).
OBJECTIVE: To release a parcel of land required for the Immokalee Stormwater Improvement Program
(the ImmSIP) from the Arrowhead Reserve at Lake Trafford Property Owners Association, Inc. (the
Association) Declaration of Covenants, Conditions and Restrictions (the Declaration) in return for the
payment of $135,832 and the perpetual maintenance of a portion of Tracts P1 and O1 set forth on the plat
of Arrowhead Reserve at Lake Trafford - Phase One (the Plat).
CONSIDERATIONS: On or about January 10, 2017, Collier County entered into an agreement with
Sonny Joseph to purchase a parcel of land, namely Tract 3 as set forth on the Plat. This parcel (Tract 3)
is needed to construct a pond as part of the ImmSIP. Tract 3 is an ideal location for a stormwater
treatment facility for much of the runoff from Immokalee Drive, Carson Road, Lake Trafford Road
(between SR-29 and Carson Road) and the adjacent lands that drain into those roadside drainage systems.
Currently, Tract 3 is subject to the terms and conditions of the Declaration.
The Declaration can be amended from time to time by a majority of the members of the Association and
puts the County at risk to pay Association dues in perpetuity. It also potentially puts the County at risk to
become entangled in costly and protracted litigation with the Association over the County’s use of the
property, which the Association has argued will deprive it of the opportunity to collect dues from
multiple property owners if Tract 3 was used for residential purposes.
The Association originally contended that Tract 3 would support approximately 269 multifamily units.
At the current quarterly Association fee of $125 per unit, the Association asserted that it would stand to
collect $134,500 per annum. After much negotiation, the Association has agreed to release Tract 3
provided the County makes a lump sum payment of $135,832.
The Settlement Agreement sets forth this one-time payment to be made at the time of closing of title
between the County and Joseph. In addition, the County will maintain in perpetuity portions of Tracts P1
and O1 set forth on the Plat; this maintenance is in the public interest as it will ensure continued and
proper stormwater flow per the project design. The County will also make available to the Association
fill material from the construction of the pond, if the Association chooses to use the material and is able
to provide a proper site within the boundaries of Arrowhead suitable for temporary stockpiling.
In return, the Association will remove Tract 3 from the Declaration. If the Settlement Agreement is
approved, the County will meet the deadline of June 1, 2018 to clear title objections then will be able to
close on the property.
FISCAL IMPACT: The estimated fiscal impact associated with the approval of this item is $135,832.
Adequate funding for this request is budgeted within the Stormwater Capital Improvement Fund (325)
Immokalee Stormwater Improvement Project No. 60143. The source of fun ds is a transfer from the
Unincorporated Area General Fund (111).
The estimated annual cost to maintain exotic invasive vegetation within the identified portions of Tracts
P1 and O1 lying south of Tract 3 is approximately $2,000 once a thorough initial exotic removal has
been completed. That initial removal, if required, would occur at time of the stormwater treatment
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facility construction. Should the Stormwater Utility Fee be fully authorized and approved by the Board,
future capital improvements and maintenance costs of such properties will be funded by that revenue
source, thus reducing the overall burden to the Unincorporated General Fund (111) resources.
The material excavated from the pond(s) at the stormwater treatment facility is roughly estimate d at
120,000 cubic yards. The cost of excavating a pond depends on the cost to excavate and the cost to
handle and/or transport the material generated. The value of the soil generated can vary based on the
project’s location and the demand for fill material at the time of excavation. Disposal of this material at
a temporary stockpile site within Arrowhead for use by the Association can reduce County construction
costs by reducing the contractor’s costs for material offsite haulage and disposal.
The purchase price of the Tract 3 is $452,173 and the extension fee is $10,000, both of which have been
previously brought before and approved by the Board of County Commissioners, and are also being
funded from the Project listed above.
GROWTH MANAGEMENT IMPACT: The ImmSIP is consistent with the Drainage sub-element
of the Growth Management Plan, and the use of Tract 3 for construction of a stormwater treatment
facility is part of the Immokalee Stormwater Master Plan Update currently being finalized by staff.
There is no Growth Management Impact associated with this recommendation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval . -JAB
RECOMMENDATION:
. Approve the Settlement Agreement and authorize the Chairman to execute same on behalf of the
Board;
. Accept the Easement required by the Settlement Agreement; and
. Authorize the payment of all costs and expenses that Collier County is required to pay under the
terms of the Settlement Agreement at the time of closing;
. Authorize the County Manager or his designee to take the necessary measures to ensure the
County’s performance in accordance with the terms and conditions of the Settlement Agreement;
and
. Authorize any, and all, budget amendments that may be required to carry out the collective will of
the Board.
Prepared by: Michelle Sweet, Property Acquisition Specialist, Transportation Engineering Division,
Growth Management Department
ATTACHMENT(S)
1. Location Aerial (PDF)
2. Purchase Agreement with Addenda (PDF)
3. Settlement Agreement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 4932
Item Summary: Recommendation to approve a Settlement Agreement with Arrowhead Reserve at
Lake Trafford Property Owners Association, Inc. to release a parcel required for the Immokalee
Stormwater Improvement Program from its Declaration in the amount of $135,832 (Project No. 60143).
Meeting Date: 04/10/2018
Prepared by:
Title: Property Acquisition Specialist – Transportation Engineering
Name: Michelle Sweet
03/05/2018 10:57 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
03/05/2018 10:57 AM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Reviewer Completed 03/05/2018 12:55 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/05/2018 1:37 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/05/2018 2:07 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/06/2018 6:51 AM
Capital Project Planning, Impact Fees, and Program Management Robert Wiley Additional Reviewer Completed 03/06/2018 3:27 PM
Growth Management Department Gene Shue Additional Reviewer Completed 03/08/2018 12:35 PM
Growth Management Operations Support Michelle Sweet Additional Reviewer Skipped 03/09/2018 2:31 PM
Road Maintenance Travis Gossard Additional Reviewer Completed 03/12/2018 1:48 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/13/2018 9:18 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/13/2018 3:24 PM
Growth Management Department James French Deputy Department Head Review Skipped 03/14/2018 7:51 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/15/2018 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2018 3:34 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 8:53 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/30/2018 12:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/01/2018 8:13 PM
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Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
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LOCATION AEERIAL
60143-101FEE
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Packet Pg. 544 Attachment: Location Aerial (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 545 Attachment: Purchase Agreement with Addenda (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 546 Attachment: Purchase Agreement with Addenda (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 547 Attachment: Purchase Agreement with Addenda (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 548 Attachment: Purchase Agreement with Addenda (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 549 Attachment: Purchase Agreement with Addenda (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 550 Attachment: Purchase Agreement with Addenda (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 551 Attachment: Purchase Agreement with Addenda (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 558 Attachment: Settlement Agreement (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)
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Packet Pg. 567 Attachment: Settlement Agreement (4932 : 60143-101FEE - Stormwater/Arrowhead Settlement)