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Agenda 07/13/2021 Item #16C11 (Interlocal Agreement w/District School Board of Collier County)07/13/2021 EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement with the District School Board of Collier County, Florida to facilitate the statutory land exchange of property required for the Vanderbilt Beach Road Extension. OBJECTIVE: To acquire lands from the District School Board of Collier County (District), Florida to construct the Vanderbilt Beach Road Extension. CONSIDERATIONS: The County is the owner of land, consisting of 122 acres, located along the extension of Vanderbilt Beach Road (Park Property). The District is the owner of 110 acres of land located along the extension of Vanderbilt Beach Road (School Property). The Park Property and the School Property are located adjacent and contiguous to each other and are similar in value on an acre-by- acre basis. The County has a planned capital improvement transportation project to extend Vanderbilt Beach Road, which will bisect both the Park Property and the School Property. The Interlocal Agreement provides for the land exchange transaction between the County and the District. The County shall convey to the District fee simple title to a portion of the Park Property, located north of the Vanderbilt Beach Road extension, contiguous to the School Property as shown on Exhibit “A” of the Interlocal Agreement. The District shall convey to the County fee simple title to a portion of the School Property, contiguous to the Park Property as shown on Exhibit “B” of the Interlocal Agreement. Upon completion of the land exchange transaction, the District will own a contiguous parcel of land located entirely north of the Vanderbilt Beach Road extension and the County will own a contiguous parcel of land located to the south of the Vanderbilt Beach Road extension. The District purchased the School Property in 2001 as a dual future school site with the intent to build a future high school and elementary school on site. In 2004, the County adopted Land Development Code (LDC) provisions that increased the amount of native vegetation preserve requir ements for developing certain sites. The LDC allows the County Manager (or designee) to grant an exemption to the preservation requirements for essential public services where the preserve requirements and the essential public services cannot both be reasonably accommodated on site and where it is in the best interest of the general public to allow a reduction to the preservation of existing native vegetation. Pursuant to Section 6 of the Interlocal Agreement, a separate land exchange agreement will be forthcoming upon the completion of a developer contribution agreement that will address the future school bus transportation facility to serve the Estates community, the County’s pickleball parking at East Naples Community Park and utility connector easement across Palmetto Ridge High School. As a result of the current land exchange, there is a deficit of 3.79 acres for the Park Property that will be addressed in the future land exchange agreement. The District will be submitting the Interlocal Agreement to their July 27th Meeting. FISCAL IMPACT: The total cost of recording should not exceed $100. The primary funding source for the acquisition of right-of-way is transportation impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires 16.C.11 Packet Pg. 1290 07/13/2021 majority vote for approval. - ____ RECOMMENDATION: That the Board: 1) Approves the Interlocal Agreement with the District School Board of Collier County, Florida; and 2) Authorizes the Chair to execute the Interlocal Agreement with the District School Board of Collier County, Florida and any and all other County Attorney’s Office approved documents related to this transaction once they have been approved by the County Attorney’s Office; and 3) Authorizes the County Manager or his designee to grant the District an exemption from the preserve requirements, allowing the District to construct two future schools to serve and benefit the citizens of the County: and 4) Directs the County Manager or his designee to proceed to perform the necessary legal requirements to achieve the land exchange with the School District, 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: Toni A. Mott, Manager, Division of Facilities Management ATTACHMENT(S) 1. Interlocal Agreement - CAO approved (PDF) 16.C.11 Packet Pg. 1291 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.11 Doc ID: 16324 Item Summary: Recommendation to approve an Interlocal Agreement with the District School Board of Collier County, Florida to facilitate the statutory land exchange of property required for the Vanderbilt Beach Road Extension. Meeting Date: 07/13/2021 Prepared by: Title: Manager - Property Acquisition & Const M – Facilities Management Name: Toni Mott 06/21/2021 9:25 AM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 06/21/2021 9:25 AM Approved By: Review: Transportation Engineering Robert Bosch Additional Reviewer Completed 06/21/2021 10:57 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/21/2021 11:24 AM Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 06/21/2021 11:39 AM Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 06/21/2021 1:55 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/21/2021 1:55 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/21/2021 2:36 PM Facilities Management Damon Grant Director - Facilities Completed 06/21/2021 5:01 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/22/2021 11:27 AM Growth Management Department Trinity Scott Additional Reviewer Completed 06/22/2021 11:51 AM Growth Management Department James C French Additional Reviewer Completed 06/22/2021 3:22 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/22/2021 4:03 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/23/2021 10:46 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/23/2021 11:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:44 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/28/2021 6:12 PM Growth Management Department Jaime Cook Additional Reviewer Skipped 06/30/2021 1:33 PM 16.C.11 Packet Pg. 1292 07/13/2021 Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:34 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 11:23 AM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 16.C.11 Packet Pg. 1293 INTERTOCAT AGREEMENT (Lond Exchonge - Vonderbili Beoch Rood Extension) THIS INTERLOCAL AGREEMENT (this "Agreemeni") is mode ond entered into this of 2021 by ond between COLLIER COUNTY, FLORIDA, o politicol subdivision of the Stote of Florido (the "County"), ond the DISTRICT SCHOOL BOARD OF COLLIER COUNTY. FLORIDA, o stotutory unit of the Stote of Florido (the "District"). WHEREAS, the County is ihe owner of ihot certoin Porcel No. 002'19440008, consisting of opproximotely 122 ocres of lond, locoted olong the extension of Vonderbili Beoch Rood (the "Pork Property"); WHEREAS, the District is the owner of thol certoin Porcel No. 00221280007, consisting of opproximoiely I l0 ocres of lond, locoied olong the extension of Vonderbilt Beoch Rood (the "School Property"); WHEREAS, the Pork Property ond ihe School Property ore locoted odjocent ond contiguous io eoch other ond ore similor in volue on on ocre-by-ocre bosis; WHEREAS, the County hos o plonned copiiol improvement ironsportotion project to extend Vonderbilt Beoch Rood, which will bisect both the Pork Property ond the School Property; WHEREAS, the primory purpose of this Agreemenl is to consummoie o lond exchonge tronsoction between the porties, whereby ihe Couniy sholl convey to the District fee simple title to o portion of the Pork Property, locoted north of the Vonderbilt Beoch Rood exiension, coniiguous to the School Property ond more porticulorly described on Exhlbll'A" ottoched hereto ond mode port hereof (the "Norlhern Portion of the Pork Property") to be used os port of o duol future school siie, sufficient in size to occommodote ihe construction of o future high school ond on elementory school; WHEREAS, in exchonge for the conveyonce of the Northern Portion of the Pork Property. the District sholl convey to the County fee simple tiile to o portion of the School Property, locoted within ond south of the Vonderbilt Beoch Rood extension, contiguous to the Pork Property ond more porticulorly described on Exhlblt "B" otloched hereto ond mode port hereof (ihe "Southern Portion of the School Properiy") to be used os right-of-woy for Vonderbilt Beoch Rood extension project ond for the construction of future public pork fociliiies, improvements ond infrostructure; WHEREAS, the lond exchonge tronsociion set forth in this Agreement will result in: (i) the District owning o contiguous porcel of lond, locoted entirely north of the Vonderbilt Beoch Rood extension, thol contoins opproximotely 3.29 odditionol 16.C.11.a Packet Pg. 1294 Attachment: Interlocal Agreement - CAO approved (16324 : VBR Extension Interlocal Agreement) ocres thon the originol School Property, ond (ii) the Couniy owning o contiguous porcel of lond, locoied within ond south of the Vonderbilt Beoch Rood exiension. ihot will be sufficient in size to occommodoie both the rood extension project ond o future public pork; WHEREAS, the District purchosed ihe School Property in 2001, os o duol future school site, with the intent to build o future high school ond on elementory school on the site; WHEREAS, the Couniy subsequenlly odopted Lond Development Code ("LDC") provisions in 2OO4 increosing ihe omouni of notive vegetotion preserve requirements for developing cerioin sites; WHEREAS, the LDC ollows the County Monoger (or designee) to gront on exemption to the preserve requirements for essentiol public services: (i) where the preserve requirements ond ihe essentiol public services connoi both be reosonobly occommodoted on the site ond (ii) where it is in the best interest of the generol public 10 ollow o reduction to the preservotion of exisiing notive vegeioiion; ond WHEREAS, the Districi is os on essentiol public service provider of educotionol focilities ond it is in the best interest of the generol public for the Couniy to gront the District on exemption from the preserve requirements, ollowing the Districl io construct two future schools to serve ond benefit the ciiizens of ihe County. NOW THEREFORE, in considerotion of Ten Dollors ($10.00) ond other good ond voluoble considerotion exchonged omongst the porties, ond in considerotion of the mutuol promises. commitments ond covenonts contoined herein, the poriies ogree os follows: I . Recllols. The porties ogree ond ocknowledge thot the recilols obove ore true ond coneci ond constitute o moteriol pori of this Agreement. 2. lond Exchonoe & Reclorocol Access Eosemenls. The porties ogree ond ocknowledge thot oll properties will be exchonged in "As ls" condition, including the curreni zoning, permitting ond/or use. The porties hove determined thot the proposed lond exchonged tronsoction contemploted in occordonce with this Agreemeni is in the best interesi of eoch porty ond olso in ihe best interesl of the generol public to provide future public tronsportotion, pork ond educotionol infrostruciure io serve ond benefit the ciiizens of the County. The County sholl convey fee simple title to the Northern Portion of the Pork Property to the Disirict by o Stotutory Deed ond the District sholl convey fee simple title to the Southern Porlion of ihe School Properiy io ihe County by o Stotutory Deed (ihe "Ctosing"). Eoch poriy sholl be responsible for its own costs ond fees, including, but not limited to, Closing costs, reol estote opproisols. title insuronce, surveys. permits. rezones, impoct miiigotions, ond studies regording environmentol, troffic ond soil. Upon full execuiion of this Agreement, the County gronts the Disirict (including its controctors ond ogents) o temporory occess eosemeni over the Northern portion ① 16.C.11.a Packet Pg. 1295 Attachment: Interlocal Agreement - CAO approved (16324 : VBR Extension Interlocal Agreement) of the Pork Property for the purpose of performing due diligence octivities, ond the Disirict gronts the County (including its conlroctors ond ogents) o temporory occess eosement over ihe Southern Portion of the School Property for the purpose of performing due diligence octiviiies (the "Reciprocol Access Eosements"). The Reciprocol Access Eosements sholl outomoticolly expire ond terminote upon completion of the Closing or terminoiion of this Agreement. 3. Exemptlon from Preserve Reoulremenls. The porties expressly ogree ond ocknowledge thot, os o substontive ond moleriol port of ihe lond exchonge tronsoction ond the terms ond provisions of this Agreement thot the County Monoger (ordesignee) prospectively ogrees to gront the Districi on exemption to provide sufficient relief from the LDC requirements for noiive vegetotion preserve requirements on the posi-exchonge reol property owned by the District, resulting in the District only being required io preserve the omount of notive vegetotion on- site thot is reosonobly feosible to focilitote the intended construciion of two schools (high school ond elementory), os determined during the School Boord Review ("SBR") process for the plonning, designing ond construction of eoch school. 4. Termlnollon. Either porty moy terminote this Agreement. ot ony iime ond for ony reoson (including, bui noi limiied io, finding soil contominonls), prior to Closing if thoi porty deems it to be in thot porty's interesis to do so, by delivering io the other porty written notice of such intent to terminote. Any notice of terminotion sholl be delivered to the County Monoger or the Superintendeni, os opplicoble, ond this Agreement sholl become null ond void. Upon receipt of such terminotion notice, boih porties, to the greotest extent possible, sholl os soon os possible thereofter ceose oll octivity ond sholl "stop work" with regord to oll due diligence ond poriicipotion relotive to this Agreement. 5. Permllllnq & Tllle lnsuronce. The District (ond its sioff) ond the County (ond its stoff) sholl fully cooperoie ond use good foith efforts with regord to ony future permiiiing ond/or conveyonce issues or concerns ihot orise in connection with the referenced lond exchonge. The porties sholl olso fully cooperote ond use good foiih efforls to ollow the other porties to obtoin iitle insuronce by executing ony stondord or customory iitle insuronce documents. 6. Fulure Anllcipoled lond Exchonoe. The County onticipotes the completion of o developer contribution ogreemeni to ocquire l5 ocres of reol property thot could be used by the District for o future school bus tronsportoiion fociliiy io serve the Estotes community (the "Bus Fociliiy Porcel"). The Dislrict is the owner of o vocont future school site, locoted olong Thomosson Drive ond contiguous to the Eost Noples Communiiy Pork, known os the Middle School JJ Site. The County hos requested from the Diskict the conveyonce of 2.5 ocres of the Middle School JJ Site to focilitote odditionol porking ot the Eost Noples Community Pork (the "Pork Porking Porcel"). The District is olso the owner of vocont reol property locoted olong Oil Well Rood thot is port of the Polmetto Ridge High School ("PHS") site. The County hos requested ihoi ihe District gront the County on eosemeni over o poriion of vocont reol property ot the PHS site for the purpose of providing utilily 〇 16.C.11.a Packet Pg. 1296 Attachment: Interlocal Agreement - CAO approved (16324 : VBR Extension Interlocal Agreement) conneciions ond occess beiween the Big Corkscrew Regionol Pork ond the proximoie Couniy owned woler treoiment focility (the "Eosemeni Porcel"). ln the event thot ihe County ocquires the Bus Focility Porcel. the porties intend to consummoie o lond exchonge tronsociion between the porties (to be sei forth in o seporote ond distinct lond exchonge ogreemeni), whereby the County sholl convey to the Districl fee simple tiile to lhe Bus Focility Porcel, in exchonge for the Districi conveying to the County fee simple iitle to the Pork Porking Porcel ond olso gronting the County on eosement for its intended use over ihe Eosement Porcel. It is the mutuol understonding between the poriies ihoi eoch sholl fully cooperote ond use good foilh efforts to fociliiote ond consummoie the future onlicipoted lond exchonge described in this Section 6 of this Agreement. 7. Mlscelloneous. The rights ond duiies of performonce under this Agreement sholl be binding upon, ond inure io the benefit of oll successors in interest to the porties 1o this Agreement, bui moy not be ossigned or othevise tronsfened wilhout the wrilten consent of the oiher poriy. The terms ond conditions of ihis Agreement sholl only be revised or omended by the muiuol writien consent of ihe porlies hereto or by theirsuccessors in interesi in occordonce with this Agreement. In the eveni of o dispute under this Agreement, ihe County Monoger ond the District Superiniendent sholl first try to negotiote o resoluiion occeptoble io both poriies. Following the conclusion of this procedure, either porty moy ierminote this Agreement or submit the issue to be resolved by non-binding orbitrotion in occordonce with the rules ond procedures of ihe Americon Arbitrotion Associolion. Thls Agreemeni is ihe entire ogreement between the porlies, ond supersedes oll previous orol ond wriiten represenlotions. ogreements ond underslondings between the porties with respect to this tronsociion. [Signoiure Poge to Follow] 16.C.11.a Packet Pg. 1297 Attachment: Interlocal Agreement - CAO approved (16324 : VBR Extension Interlocal Agreement) lN WITNESS WHEREOF, the porties hereto hove coused lhis Agreemeni to executed by their oppropriole officiols, os of ihe dote first obove wrilien. ATTEST: CRYSTAL K KINZ[L.Clerk BOARD OF COUNTY COMMiSS10N[RS COLLIER COUNTY.FLORIDA By: Penny Toylor, Choir DISTRICTSCHOOL 80ARD OF COLLIER COUNTY′FLORIDA Ettck Corter′Cho「 AΠ EST: Komelo Potton, Superiniendent Approved os to form ond legol sufficiency: Jon Fishbone. 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