Agenda 05/24/2011 Item #16E 25/24/2011 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve a Donation Agreement with Corkscrew Regional Ecosystem
Watershed Land and Water Trust, Incorporated (CREW) for 9.17 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $1,000.
OBJECTIVE: To approve the donation of 9.17 acres within the Red Maple Swamp Preserve Multi -
parcel Project from Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated
(CREW).
CONSIDERATIONS: On January 27, 2004, Agenda Item 10A, the Board approved a Conservation
Collier Land Acquisition Advisory Committee ( CCLAAC) recommended Active Acquisition List (AAL),
with changes, and directed staff to actively pursue acquisition of the properties under the Conservation
Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confirmed their direction to staff
authorizing staff to proceed with purchase contracts for Golden Gate Estates, Unit 53 Multi Parcel Project
now known as the Red Maple Swamp Preserve Multi- parcel Project (Project), properties as they become
available and to bring these contracts back to the Board for final approval.
The Red Maple Swamp Preserve Multi- parcel Project consists of 107 parcels and a total of 305.69 acres.
To date, Conservation Collier has acquired 68 parcels consisting of a total of 189.90 acres within this
area.
Since December 1993, CREW has owned two (2) parcels totaling 9.17 acres (Property) within the Red
Maple Swamp Preserve Multi- parcel Project. CREW desires to convey the Property to the County for the
Conservation Collier Program.
The attached Agreement provides a provision that in the event that the Property is not used exclusively
for conservation purposes, then at such point in time the Property shall immediately revert to CREW
without further notice, and thereafter the County shall have no further right, title or interest therein.
The CCLAAC approved this transaction on March 14, 2011, and voted to recommend Board approval
and execution of the attached Donation Agreement.
FISCAL IMPACT: The value of the land being donated is $34,000. The total cost of the conveyance
will not exceed $1,000 for the title commitment, title policy, and recording of documents. The funds will
be withdrawn from the Conservation Collier Trust Fund (172). Estimated costs of maintenance in
perpetuity have been considered by the CCLAAC and have been incorporated into the Conservation
Collier Long Term Financial Management Plan,
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient. This item requires a simple majority vote. - STW
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.
RECOMMENDATION: Staff is recommending that the Board:
1) Approves the attached Donation Agreement and accepts the Warranty Deed once it has been received
and approved by the County Attorney's Office; 2) Authorizes the Chairman to execute the Donation
Packet Page -1607-
5/24/2011 Item 16.E.2.
Agreement and any and all other County Attorney's Office approved documents related to this
transaction; and 3) 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 M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property Management,
Department of Facilities Management
Attachments: Location Map
Donation Agreement
Packet Page -1608-
5/24/2011 Item 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
Item Summary: Recommendation to approve a Donation Agreement with Corkscrew
Regional Ecosystem Watershed Land and Water Trust, Incorporated (CREW) for 9.17 acres
under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,000.
Meeting Date: 5/24/2011
Prepared By
Name: ErbCindy
Title: Property Acquisition Specialist, Senior,Facilities
4/27/2011 1:03:56 PM
Submitted by
Title: Property Acquisition Specialist, Senior,Facilities
Name: ErbCindy
4/27/2011 1:03:58 PM
Approved By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
Date: 5/3/2011 10:28:44 AM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 5/3/20114:54:49 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 5/6/2011 7:38:57 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 5/6/2011 3:08:04 PM
Packet Page -1609-
Name: SuleckiAlexandra
5/24/2011 Item 16.E.2.
Title: Environmental Specialist, Senior,Facilities Manage
Date: 5/10/2011 8:38:47 AM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 5/10/20119:12:59 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 5/10/20119:56:38 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/20112:20:49 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 5/16/2011 9:05:51 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 5/17/2011 10:32:33 AM
Packet Page -1610-
CONSERVATION COLLIER 5/24/2011 Item 16.E.2.
PROPERTY IDENTIFICATION NUMBER: 39490320002 & 39490120008
Prepared by:
Steven T. Williams, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 -8400
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between CORKSCREW REGIONAL ECOSYSTEM WATERSHED
LAND AND WATER TRUST, INCORPORATED, a Florida nonprofit corporation, formerly
known as CORKSCREW REGIONAL ECOSYSTEM WATERSHED TRUST, INC.,
(hereinafter referred to as "CREW"), whose address is 23998 Corkscrew Road, Estero, FL
33928, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors
and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples,
Florida, 34112 (hereinafter referred to as "County).
WITNESSETH:
WHEREAS, CREW desires to convey by gift to the County a fee simple interest for the
purpose of conservation, over, under, upon and across the lands described in Exhibit "A"
(said hereinafter referred to as the "Property "), which is attached hereto and made a part of
this Agreement;
WHEREAS, CREW desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, in the event that the Property is not used exclusively for conservation
purposes, then at such point in time the Property shall immediately revert back to CREW,
without further notice, and thereafter Grantee shall have no further right, title or interest
therein; 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. CREW shall convey the Property via a Warranty Deed to County at no cost to the
County, unless otherwise stated herein. The Warranty Deed shall contain a reverter clause
that provides for termination of the County's rights, title and interest in the event the Property
is not used for conservation purposes.
2. Prior to Closing, CREW 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. CREW shall provide such instruments, properly
executed, to County on or before the date of Closing.
Packet Page -1611-
5/24/2011 Item 16.E.2.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Property.
4. CREW is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. CREW represents to the best of its knowledge and belief that it has no knowledge
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 CREW to the best of its knowledge, 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 CREW 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. CREW 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 CREUV's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The County 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.
All other costs associated with this transaction including but not limited to transfer,
documentary and intangible taxes shall be bome and paid by CREW. The cost of title
commitments shall be paid by County.
8. 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.
9. Conveyance of the Property by CREW 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.
Packet Page -1612-
5/24/2011 Item 16.E.2.
10. If the CREW holds the Property in the form of a partnership, uriuleu pd, u,C,,,,lp,
corporation, trust or any form of representative capacity whatsoever for others, CREW 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.)
11. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
,Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
#--- 7, ,j.L-
Steven T. Williams, Esquire
Assistant County Attorney
AS TO CREW:
WITNESSES:
dolz�2k—%- L,��4-
6ztV1\ N`- E,4ex-LU�:
(Printed Name)
(Signature)
54-Pve,) T3fenj
(Printed Name)
CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER TRUST,
INCORPORATED, a Florida nonprofit
corporation, formerly known as CORKSCREW
REGIONAL ECOSYSTEM WATERSHED
TRUST, INC.
BY
WILLIAM H MOND, Chairman
Packet Page -1613-
5/24/2011 Item 16.E.2.
EXHIBIT "A"
THE WEST 180 FEET OF TRACT 7, GOLDEN GATE ESTATES,
UNIT NO. 53, ACCORDING TO PLAT THEREOF AS RECORDED
IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. (5.67 acres)
PROPERTY IDENTIFICATION NUMBER: 39490320002
AND
ALL OF TRACT 3, GOLDEN GATE ESTATES, UNIT NO. 53,
ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT
BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. (3.50 acres)
PROPERTY IDENTIFICATION NUMBER: 39490120008
Packet Page -1614-
5/24/2011 Item
16.E.2.
A 0
aZ
ot�c
tE;
5
0
0
M
rt
0
0
0
z
M
CL
Z
0
CD
V