Backup Documents 11/10/2020 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 * 1 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
kin(
4. BCC Office Board of County 13g
Commissioners '",s6.15( j I • 1,(9 '�
5. Minutes and Records Clerk of Court's Office
t c l(7 aodo S..?(
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jessica Arencibia/GMD Phone Number 239-252-8345
Contact/ Department
Agenda Date Item was 11/10/2020 Agenda Item Number 16A1 I
Approved by the BCC
Type of Document TDR Agreement—Hacienda Lakes Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK JA
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JA
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's i l(1\� N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board t"\`
5. The Chairman's signature line date has been entered as the date of BCC approval of the ��IN(
�/
document or the final negotiated contract date whichever is applicable. I�
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. • ` i
7. In most cases(some contracts are an exception),the original document and this routing N/A
slip should be provided to the County Attorney Office at the time the item is input into
SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a n,
\
certain time frame or the BCC's actions are nullified. Be aware of your deadlines! --X
8. The document was approved by the BCC on 11/10/2020 and all changes made during JA
the meeting have been incorporated in the attached document. The County —' an option for
Attorney's Office has reviewed the changes,if applicable. •1 is line.
9. Initials of attorney verifying that the attached document is the version approved by the (NL/ A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the o•ti• for
Chairman's signature.
10. Please email a copy of fully executed agreement to Jessica.arencibia@colliercountyfl.g v
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A11
Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday, November 18, 2020 9:01 AM
To: 'ArencibiaJessica'
Subject: TDR Agreement - Hacienda Lakes
Attachments: Jessica Arencibia.pdf
Jessica,
Attached for your records.
Last one so far.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
R.of Office: 239-252-7240
Az, Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
` ' & Comptroller of Collier County
rf`f" rH ti�,� 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
i
� oAI1
AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA AND
HACIENDA LAKES OF NAPLES,LLC RELATING TO TRANSFER OF DEVELOPMENT
RIGHTS BONUS FOR FLOWWAY EASEMENTS
This AGREEMENT is made and entered into as of this�(� ' day of (VOVeddl-r, 2020
("Effective Date")by and between COLLIER COUNTY,a political subdivision of the State of Florida(the
"County")and Hacienda Lakes of Naples,LLC, a Florida limited liability company("Hacienda").
RECITALS:
WHEREAS, Section 163.3202, Florida Statutes (pertaining to county and municipal land use
regulations)provides in relevant part under subsection (3)thereof that local governments are encouraged
to use innovative land development regulations which include provisions such as transfer of development
rights("TDRs");
WHEREAS, the County has adopted a TDR program, which may be modified or amended from
time to time("TDR Program")pursuant to Section 2.03.07,Collier County Land Development Code,with
the specific purpose to provide a viable mechanism for property owners of environmentally sensitive lands
to place their land in conservation and recoup the lost value of development potential; and
WHEREAS, to incentivize transferring development from sending areas (conservation lands) in
the Rural Fringe Mixed Use District of the Growth Management Plan to receiving areas,the TDR Program
generates TDR credits("Credits")from sending areas to be redeemed as a density bonus in receiving areas;
and
WHEREAS,on September 25,2018,the Board of County Commissioners directed staff to prepare
amendments to the Rural Fringe Mixed Use District of the Growth Management Plan following completion
of the public planning process;and
WHEREAS, on April 9, 2019,the Board of County Commissioners adopted Resolution 2019-63
conceptually approving transfer of development rights incentives for private property owners who
voluntarily encumber their land with a flowway easement or agreement to allow the flow of rehydration
water across their property in the Rural Fringe Mixed Use District and South Belle Meade area; and
WHEREAS, the County is drafting amelpilwetts to the Rural Fringe Mixed Use District of the
Growth Management Plan, PL No.PL 2020- ( lstudy amendments") to allow one Belle Meade
Flowway TDR Bonus Credit for property owners of qualified Sending Lands in the proposed Belle Meade
Hydrologic Enhancement Overlay and the Rural Fringe Mixed Use District that convey flowway easements
to the County,at a ratio of one credit per 5 acres(the"Flowway TDR Credit");and
WHEREAS, Hacienda is an owner of qualified Sending Lands in the proposed Belle Meade
Hyrdologic Enhancement Overlay and the Rural Fringe Mixed Use District and desires to convey a flowway
easement to the County in exchange for the Flowway TDR Credits;
WHEREAS, the County desires the flowway easements on property owned by Hacienda for the
County's Comprehensive Watershed Improvement Plan Project to improve water quality and rehydrate
land in the South Belle Meade area.
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WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein,the County and Hacienda agree as follows.
I. The foregoing recitals are true and correct and are incorporated herein by reference.
2. Hacienda owns Sending Lands in the proposed Belle Meade Hydrologic Enhancement Overlay and
the Rural Fringe Mixed Use District of the Growth Management Plan totaling 1515f acres. Within
this area,Hacienda has agreed to convey by flowway easement to County approximately 1286.10±
acres, as identified in Exhibit A, attached hereto and incorporated herein("Property").
3. No later than the effective date of the adoption Ordinance of the Re-study Amendments,Hacienda
shall convey the Property to County,by flowway easement,in a form acceptable to Collier County,
free and clear of all liens and encumbrances,and at no cost to County.
4. After the adoption of the Re-study Amendments and after the effective date of the adoption of the
implementing Land Development Code amendments,Hacienda will be entitled to use the Flowway
TDR Credit,as they may be modified under Paragraph 5.
5. The County agrees that,in the event the County adopts any modifications to Re-study Amendments
to allocate greater than the one credit per five acres for the conveyance of flowway easements to
qualified Sending Lands in the proposed Belle Meade Hydrologic Enhancement Overlay and the
Rural Fringe Mixed Use District("Additional Credits"),Hacienda will be eligible to obtain such
Additional Credits provided it qualifies even though it has already conveyed the Property.
6. This Agreement will be recorded by the County in the Public Records of Collier County at the
expense of Collier County.
7. In the event either party hereto shall institute legal proceedings in connection with, or for the
enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit,
including reasonable attorney's fees,at both trial and appellate levels.
8. This Agreement is the entire agreement between the parties, and supersedes all previous oral and
written representations,agreements and understandings between the parties. This Agreement shall
be governed by the laws of the State of Florida, and may not be altered or amended in any way,
save by written agreement signed by both parties.
9. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the
parties.
[20-CZM-00298/1578479/1112
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16A11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written.
Signed,sealed and delivered HACIENDA:
in the presence of:
HACIENDA LAKES OF NAPLES,LLC, a
Florida limited liability compan
(I)64(44-ja— A. t( By:
Print Name:�1 /k 41 . Gat Name: \of cf{_
Title:
(2)
V
Print Name: r J 0.rrO
STATE OF FLORIDA )
) SS:
COUNTY OF I-2-C', )
The foregoing instrument was acknowledged before me this 46- day of 1W-VC41 oe-✓ , 2020 by
Dt uL LT, recrres , as illiCttiutv , of Hacienda Lakes of Naples, LLC, a Florida
limited liability company, on behalf of such limited liability company. S/He is personally known to me or
has produced NM- as identification.
SWORN TO AND SUBSCRIBED before me by means of physical presence or online
notarization this day of ti 14c ,2020.
[NOTARIAL SEAL] Ci
Print or Stamp Name:thetr/Olfe— Y11. blatkile
,,� Notary Public Stale a F►orids Notary Public, State of Florida at Large
;� ` Charlotte M.Weitup Commission No.: GG `7` V-s
y r My Commission 60 945456
�i orF^� Expires 01M1 4 My Commission Expires:
[20-C7 M-00298/1578479/1112
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ATTEST: COUNTY:
CRYSTAL K. KINtEL;,CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER C UNTY, FLORIDA
By By:
, eputy k Burt L. Saunders, Chairman
Attest as to Chairman's
signature only.
Approved as to form and legality:
eidi Ashton-Cicko
Managing Assistant County Attorney
Item# kka kl I
Agenda 412-
Q
Date
Date 11[i7�33a
Rec'd
[20-CLM-00298/I578479l1I12 eputy Clerk ti
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EXHIBIT"A"
THE PROPERTY
[20-CZM-00298/1578479/1 J 12
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1 () A11
Exhibit A
Number PARCEL_ID TDR Status NAME_1 LEGAL 1 LEGAL_2 ACRES
i Hacienda Lakes of Naples Expected TDR's
6 438401006 Base/EE/Restoration HACIENDA LAKES OF NAPLES LLC 25 50 26 BEG AT S£CNR SEC 25, N 2722.27FT TO E1/4 CNR,N 89 501.08
7 467040001 Base/EE/Restoration HACIENDA LAKES OF NAPLES LLC 30 50 27 51/2,LESS W1/2 OF NW1/4 OF NW1/4 OF E1/2 OF 287,95
20 459040006 Base/EE/RestorMIon HACIENDA LAKES OF NAPLES LLC 19 5027 SW1/4 184.87
55 437160005 Bast/EE/RestoratIon HACIENDA LAKES OF NAPLES LLC 24 50 26 SW1/4 OF 5E1/4 42.58 AC. 42.19
56 436920000 Base/EE/Restoration HACIENDA LAKES OF NAPLES LLC 24 50 26 NE 1/4 OF 5E 1/4,W 1/2 OF SE 1/4 OF SE 1/4,E 1/2 64.97
57 438360901 Base/EE/RtstoratIon HACIENDA LAKES OF NAPLES LLC 24 50 26 E 1/2 OF W 1/2 OF SE 1/4 OF SE1/4,W1/2 OF E1/2 OF 20.56
59 437360009 Base/EE/RestoratIon HACIENDA LAKES OF NAPLES LLC 24 50 26 SW1/4 OF NE1/4, 42.30 AC OR 857 PG 323 42.24
60 436960002 840e/EE/RtstoratIon HACIENDA LAKES OF NAPLES LLC 24 S0 26 W1/2 OF SE1/4 OF NE1/4 21.12 AC OR 857 PG 323 21.95
88 457360005 Sae/EE/Restoration HACIENDA LAKES OF NAPLES LI.0 155027N1/2OFN1/20F5E1/4 41.69
90 457320003 Oast/EE/RtstoratIon HACIENDA LAKES OF NAPLES LLC 15 50 27 N1/2 OF 51/2 OF SE 1/4 41.32
97 437800006 Best/EE/Restoration• HACIENDA LAKES OF NAPLES LLC 245026N1/20FNE1/40F5E1/4 OF SW1/4 5.33
98 437440000 Bast/EE/RestoratIon' HACIENDA LAKES OF NAPLES LLC 24S026E1/2OFSE1/4OFNE1/4OFSW1/4 5.31
99 432640004 8ase/EE/Restora0on' HACIENDA LAKES OF NAPLES LLC 24S02651/20FNE1/40F5E1/4OFSW1/4 5.33
100 438000009 Base/EE/RestoratIon' HACIENDA LAKES OF NAPLES LLC 24 50 26 E 1/2 OF E1/2 OF SW1/4 OF SWIM 2.67 AC OR 907 PG 1906 2.67
101 438360600 But/EE/Restoratlan' HACIENDA LAKES OF NAPLES LLC 24 S0 26 W1/2 OF E112 OF SW1/4 01 5W1/4 2.67
102 438360804 Bast/EE/Restoration` HACIENDA LAKES OF NAPLES LLC 24 50 26 W1/2 OF SE1/4 OF SE 1/4 OF SW1/4 5,33
103 438361007 Base/EE/RestoratIon• HACIENDA LAKES OF NAPLES LLC 24 50I6 E1/2 OF SE1/4 OF SE 1/4 OF SW1/4 5.33
104 438360105 Base/EE/RestoratIon' HACIENDA LAKES OF NAPLES LLC 24 50 26 W1/2 OF 5E1/4 OF NE1/4 OF SW1/4 5.31
, 1266.10
,;E.