Agenda 06/12/2012 Item #16D 56/12/2012 Item 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve Amendment 1 to the Declaration of Restrictive Covenants
between Florida Communities Trust and Collier County on County -owned property.
OBJECTIVE: To allow Collier County ('County') to develop a portion of property currently leased
to the Naples Zoo ('Property'), for recreational purposes for use by the general public.
CONSIDERATION: The existing Declaration of Restrictive Covenants ('Covenants'), dated June
26, 2007, recorded in Official Records Book 4253, Page 713, includes restrictions prohibiting the
County from developing the Property to its full potential. Covenants were required because Florida
Forever funds were disbursed to the County for acquisition costs.
In anticipation of the County's development of the parcel of land located to the south of the area
being leased to the Zoo, which is cited for overflow parking for Zoo attendees, and shall also be
shared with the Conservancy, staff submitted a Second Amendment to Lease Agreement to the
Board on June 8, 2010, under Item 16 D 10. The Amendment altered the Demised Premises
leased by the Zoo. A copy of the Amendment and Exhibits are attached.
The Second Amendment to Lease Agreement should have been processed after the Covenants
were amended in order to remove the restrictions that were placed on the subject properties.
FCT has agreed to modify the Covenants to allow the County to develop that portion of the south
parcel and the entire north parcel in exchange for FCT to place development restrictions on other
County -owned parcels, some of which were purchased by Conservation Collier. Exhibit A II to the
proposed amendment to the Covenants is a graphic depiction identifying all portions of the
property.
County staff, the Conservation Collier County Land Acquisition Advisory Committee, and the FCT
are agreeable to this transaction, which will allow the County to develop the property in anticipation
of the Greenway project, and will allow public access to additional recreational activities at the
future Gordon River Greenway Park through these properties.
The Conservation Collier Land Acquisition Advisory Committee has reviewed the proposed
Amendment I to the Declaration of Restrictive Covenants at their public meeting on April 9, 2012.
The Committee voted 7 -2 to recommend for the County to move forward to encumber the
Conservation Collier lands under the Amendment I to the Declaration of Restrictive Covenants,
relating to an Interdepartmental Agreement to be presented to the Board of County Commissioners
at a later date. That Agreement will require Parks to be responsible for any costs associated for
monitoring and reporting that may be required under the Amendment I to the Declaration of
Restrictive Covenants.
FISCAL IMPACT: The cost for recording the Amended Declaration of Restrictive Covenants in the
Public Records shall not exceed Sixty -nine Dollars and Fifty Cents ($69.50).
GROWTH MANAGEMENT: Gordon River Greenway Park is included in the Annual Update
Inventory Report (AUIR) as regional park acreage.
LEGAL CONSIDERATION: The proposed Amendment I to the Declaration of Restrictive
Covenants uses FCT's standard form. Modifications made by the County Attorney's Office have
been reviewed by FDEP legal counsel and found acceptable. Accordingly, this item is legally
sufficient and requires a majority vote for Board action. -JBW
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6/12/2012 Item 16.D.5.
RECOMMENDATION: That the Board of County Commissioners:
1. Approves Amendment I to the Declaration of Restrictive Covenants between Florida
Communities Trust and Collier County, authorizes the Chairman to execute same,
2. Authorizes staff to record Amendment I to the Declaration of Restrictive Covenants in
the Public Records of Collier County, Florida.
PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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6/12/2012 Item 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5.
Item Summary: Recommendation to approve the Amended Declaration of Restrictive
Covenants between Florida Communities Trust and Collier County on County -owned property.
Meeting Date: 6/12/2012
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
5/24/2012 4:51:53 PM
Submitted by
Title: Property - Management Specialist, Senior,Facilities
Name: DowlingMichael
5/24/2012 4:51:54 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 5/25/2012 8:36:40 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 5/25/2012 9:21:05 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 5/29/2012 12:19:19 PM
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 5/29/2012 12:51:12 PM
Name: AckermanMaria
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Title: Senior Accountant, Grants
Date: 5/29/2012 1:17:13 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 5/29/2012 7:39:10 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 5/30/2012 3:30:56 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/1/2012 1:26:30 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 2:32:45 PM
Name: OchsLeo
Title: County Manager
Date: 6/4/2012 9:57:44 PM
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6/12/2012 Item 16.D.5.
This instrument prepared by:
Kristen L.. Coons, Esq.
Florida Communities Trust
Department of Environmental Protection
3900 Commonwealth Blvd.
Tallahassee, FL 32399 -3000
6/12/2012 Item 16.D.5.
FLORIDA COMMUNITIES TRUST
FF6 AWARD #06- 043 -FF6
FCT Contract #07- CT- 96- 06 -F6 -J1 -043
GORDON RIVER GREENWAY PARK
AMENDMENT I TO THE DECLARATION OF RESTRICTIVE COVENANTS
THIS AMENDMENT I to the DECLARATION OF RESTRICTIVE COVENANTS is
entered into this _ day of , 2012, by and between the FLORIDA COMMUNITIES
TRUST ( "FCT "), a nonregulatory agency within the State of Florida Department of
Environmental Protection, and COLLIER COUNTY, a political subdivision of the State of
Florida ( "Recipient "), in order to impose terms, conditions, and restrictions on the use of the
proceeds of certain bonds, hereinafter described, and certain lands acquired with such proceeds
and as described in Exhibit "AY' ' attached hereto and made a part hereof ( "Project Site "), as
shall be -necessary -to - ensure compliance - with-applicable -Florida Law and federal- income -tax law
and to otherwise implement- provisions of Chapters 259.105, 259.1051, and 380, Part III, Florida
Statutes.
WHEREAS, FCT and Recipient entered into a Declaration of Restrictive Covenants
recorded on July 3, 2007, in Official Records Book 4253, page 0713, Public Records of Collier
County, Florida, ( "Declaration ") at the time of the acquisition of the Project Site, as described in
Exhibit "A" to the Declaration of Restrictive Covenants;
WHEREAS, FCT has approved the terms under which the Project Site was acquired by
the Recipient and the Project Site shall be subject to such covenants and restrictions as are
sufficient to ensure that the use of the Project Site at all times complies with Section 375.051,
Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and
restrictions shall contain clauses providing for the conveyance of title to the Project Site to the
Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to
use the Project Site acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by an agreement which
shall describe with particularity the real property which is subject to the agreement and shall be
recorded in the public records of Collier County, Florida, the county in which the real property
is located; and
' Not all described lands have been acquired with proceeds from FTC Bonds.
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AMENDI /April 3, 2012 1
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6/12/2012 Item 16.D.5.
WHEREAS, Paragraph II of the Declaration of Restrictive Covenants states that either
party may request modification of the provisions of this Agreement at any time. Changes which
are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of
the parties hereto. Such amendments shall be incorporated into this Agreement; and
WHEREAS, the purpose of this Amendment is to amend the project boundaries to
remove certain parcels from the original Project Site and include other parcels owned by Collier
County to the Project Site; and
WHEREAS, Collier County is willing to include additional lands owned by Collier
County to the Project Site and place the terms and conditions of the Declaration over those
certain parcels in exchange for the release of certain lands from the Declaration that were
acquired by the FCT program using Florida Forever Funds,
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and Recipient do hereby contract and agree as follows:
The Declaration of Restrictive Covenants recorded on July 3, 2007, in Official Records
Book 4253, page 0713, Public Records of Collier County, Florida, is hereby amended to
amend the Project Site boundaries as described in Exhibit "A" to the Declaration of
Restrictive- Covenants,
This Amendment I to the Declaration of Restrictive Covenants, including that document's
Exhibit "A" and this document's Exhibit "A.I.," embody the entire agreement between the
parties. Exhibit A.II is a location map that depicts the new overall FTC parcel.
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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AMENDI /April 3, 2012 2
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6/12/2012 Item 16.D.5.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment 1 to
the Declaration.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
DEPUTY CLERK FRED W. COYLE, CHAIRMAN
Approval as to form and legal Sufficiency:
JennifFr B. White
Assistant County Attorney
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AMENDI /April 3, 2012 3
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6/12/2012 Item 16.D.5.
Witnesses: FLORIDA COMMUNITIES TRUST
Print Name: Clay Smallwood, Director
Division of State Lands
Date:
Print Name:
Accepted as to Legal Form and
Sufficiency:
Kristen L. Coons, Trust Counsel
Date:
STATH -DF- FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
2012 by Clay Smallwood, Director, Division of State Lands. He is
personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
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AMENDI/April 3, 2012 4
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6/12/2012 Item 16.D.5.
Exhibit "A.I." to Amendment I to Declaration of Restrictive Covenants
LEGAL DESCRIPTION
The following amendments are made to the legal description (Exhibit A) of the Declaration of
Restrictive Covenants recorded on July 3, 2007, in Official Records Book 4253, page 0713,
Public Records of Collier County, Florida.
AND ALSO (Parcel "A "):
All of that part of Lot 3, according to the plat of Naples Improvement Co's. Little Farms, Plat
Book 2, page 2, of the public records of Collier County, Florida, being more particularly
described as follows;
Commencing at the south 1/4 comer of Section 27, Township 49 South,
Range 25 East, Collier County, Florida;
Thence North 89 °46'00" East 74.16 feet to a point on the east right of way of Goodlette -Frank
Road as recorded in Official Records Book 246, page 59, of the public records of Collier County,
Florida.;
Thence along said right of way North 04 °39'15" West 148.44 feet to the north line of said Lot 3;
Thence along said north line North 89'40'10" East 690.97 feet to the Point of Beginning;
Thence continue along said north line North 89 °40'10" East 70.99 feet;
Thence leaving said-north- line - South- 01°38'39" East 94.94 feet;
Thence North 89 °47'09 "East 137.16 feet;
Thence North 28 °23'14" East 108.55 feet to the north line of said Lot 3;
Thence along said north line North 89 °40'10" East 542.70 feet;
Thence leaving said north line South 13 °47'20" West 187.35 feet,
Thence South 08 °57'31" West 1.40 feet;
Thence South 89 °40'15" West 759.26 feet;
Thence North 00'19'50" West 183.05 feet to the Point of Beginning.
Containing 2.93 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the east quarter section line of said Section 27, being
North 00 °16'50" West. (Parcel "A")
And also
PROPERTY TAX IDENTIFICATION NUMBER: 00268160009
THE SOUTHEAST (SE' /a) QUARTER OF NORTHEAST (NEl /a) QUARTER AND THAT
PART OF THE NORTHEAST (NE' /<) QUARTER OF THE SOUTHEAST (SE' /4) QUARTER
OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO
PARCELS:
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AMENDI /April 3, 2012 5
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6/12/2012 Item 16.D.5.
ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE
NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST
BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH
RIGHT -OF -WAY LINE OF A CANAL, RECORDED IN PLAT
BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00
FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF
GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT
BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION
ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER
HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE
MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A
SOUTHEASTERLY DIRECTION FOLLOWING THE
MEANDERINGS OF THE M.H.W. LINE OF GORDON RIVER TO
THE EASTERLY EXTENSION OF THE NORTH RIGHT -OF -WAY
LINE OF THE CANAL IN STORTER SUBDIVISION AS
RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A
WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION
OF THE NORTH RIGHT -OF -WAY LINE OF SAID CANAL TO
THE PONT OF BEGINNING.
WE
A PORTION OF THE SOUTHEAST (SE 1/4) QUARTER OF THE
NORTHEAST (NE 1/4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF
BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED
ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD
LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; RUN SOUTH 89'42'36" EAST,
ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET;
THENCE RUN SOUTH 290 16'45" EAST, STILL ALONG SAID
BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 89°
42'36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE
SOUTHEAST (SE 1/4) QUARTER OF THE NORTHEAST (NE 1/4)
QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING ON
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AMENDI /April 3, 2012 6
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6/12/2012 Item 16.D.5.
THE NORTHERLY RIGHT -OF -WAY LINE OF BEMBURY DRIVE
BY POSSESSION AS MONUMENTED ON THE GROUND, SAID
POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST
CORNER OF SAID SOUTHEAST (SE 1/4) QUARTER OF THE
NORTHEAST (NE 1/4) QUARTER AS SHOWN ON SAID
BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY
RIGHT -OF -WAY LINE OF BEMBURY DRIVE IS SHOWN AS
BEING 360 FEET SOUTH OF SAID NORTHWEST CORNER ON
PLAT OF STORTER SUBDIVISION AS RECORDED IN PLAT
BOOK 5, PAGE 106, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA); THENCE RUN NORTH 0° 17'24" EAST, ALONG
THE AFOREMENTIONED WEST LINE FOR 125.73 FEET TO
THE POINT OF BEGINNING; CONTAINING 0.732 ACRES;
TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY
LAND CONTIGUOUS TO, AND WATERWARD OF, THE
HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER
3.
CONSISTING OF 43.54 ACRES, MORE OR LESS.
LESS AND EXCEPT (Parcel "C "):
All of that part of Lot 3, according to the plat of Naples Improvement Co's. Little Farms, Plat
Book 2, page 2, of the public records of Collier County, Florida, being more particularly
described as follows;
Commencing at the southwest corner of said Lot 3;
Thence along the south line of said Lot 3 North 89 °40'15" East 73.78 feet to a point on the east
right of way of Goodlette -Frank Road as recorded in Official Records Book 246, page 59, of the
public records of Collier County, Florida and the Point of Beginning.
Thence along said right of way North 04 °39'15" West 312.14 feet to a line parallel with and
311.25 feet (measured to right angles) north of the south line of said Lot 3;
Thence run east parallel with said south line North 89 °40'15" East 677.12 feet to the extended
west line of those lands described in Official Records Book 767, page 278, of the public records
of Collier County, Florida;
Thence along said west line South 00 °19'50" East 311.25 feet;
Thence South 89 °40'15" West 653.58 feet to the Point of Beginning.
Containing 4.75 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the east quarter section line of said Section 27, being
North 00016'50" West. (Parcel "C ")
LESS AND EXCEPT (Parcel "D "):
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AMENDI /April 3, 2012 7
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6/12/2012 Item 16.D.5.
A portion of Lot 6, Naples Improvement Company's Little Farms, according to the plat thereof
recorded in Plat Book 2, at page 2, public records of Collier County, Florida. being more
particularly described as follows:
Beginning at the Northwest comer of said Lot 6, run south along the west line of said Lot 6 for
60 feet; thence run east parallel with the north lot line of said Lot 6 for 983 feet; thence run south
to a line parallel with and 50 feet (measured to right angles) north of the south line of said Lot 6;
thence run east parallel with said south line for 717 feet, more or less, to the waters of Gordon
River Canal; thence run northeasterly for 280 feet, more or less, along the waters of said canal to
the north line of said Lot 6; thence run west along the said north line of Lot 6 for 1,697 feet,
more or less, to the Point of Beginning.
Less and Except
The westerly 20 feet of Lot 6, Naples Improvement Company's Little Farms, according to the
plat thereof recorded in Plat Book 2, at page 2, public records of Collier County, Florida, as
described in Official Records Book 66, page 432 of the public records of Collier County, Florida.
Subject to easements and restrictions of record. (Parcel "D ")
END OF LEGAL DESCRIPTION
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AMENDI /April 3, 2012 8
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6/12/2012 Item 16.D.5.
Lease #145
/ 6
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this _ day of
a./L,. -A e , 2010, at Naples, Collier County, Florida by and between NAPLES
ZOO, INC., a Florida non -profit corporation, exempt from taxation under Section 501(c) (3) of the
Internal Revenue Code, whose mailing address is 1590 Goodlette -Frank Road, Naples, Florida
34102, hereinafter referred to as LESSEE and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "LESSEE."
WITNESSETH
WHEREAS, Naples Zoo, Inc., and Collier County, entered into the Lease Agreement dated
December 12, 2005, by way of a Novation Assignment of Lease Agreement dated December 19,
2005, from the Trust for Public Land, a California not -for -profit corporation, and:
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement;
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease
Agreement dated December 12, 2005, and Ten Dollars ($10.00) and other valuable consideration,
said Lease Agreement is hereby amended as follows:
1.) Under Article 1, Demised Premises and Permitted Uses, Exhibit "A -1" shall be replaced
with the attached Exhibit dated _: y• i0. The reference to 43.52 acres plus /minus shall be
replaced with jIV / acres plus /minus.
_2.)- ___Except -as - expressly provided herein, the Lease Agreement between- Naples -Zoo, Inc:; -and
Collier County, dated December 12, 2005, remains in full force and effect according to the terms
and conditions contained therein, and said terms and conditions are applicable hereto except as
expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE:
Witness (signature)
Witness (print name)
i ness ( signatur ,
Witness (print name)
NAPLES ZOO, INC.,
a Florida non - profit corporation
BY:
Ray Carroll, hairman
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6/12/2012 Item 16.D.5.
DATED d
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
is
BY. BY:
Deputy Clerk, FRED W. COYLE. Chairman-'
MtLl�I fS tli �MNtt1+r
Approved as to form and legal sufficiency:
Jennifer B. White, Assistant County Attorney
'F
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C.
yyr
Packet Page -1788-
M
x
CD
M
0
W)
88 u
oil
C.
yyr
Packet Page -1788-
M
x
CD
M
0