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Agenda 06/14/2022 Item #16C4 (Convey 6.38 Acre Lake Expansion Parcel to Citygate CDD)06/14/2022 EXECUTIVE SUMMARY Recommendation to authorize the County Manager, or their designee to take whatever action is necessary so that the 6.38 acre “lake expansion parcel” (Tract RL-2) located abutting the County’s Sports Complex and Special Events Center (n/k/a the “Paradise Coast Sports Complex”) is conveyed to the City Gate Community Development District, as allowed by the Board approved Contribution Agreement. OBJECTIVE: To provide for the maintenance of the lake, as expanded, under the water management permit issued to the City Gate Community Development District (“CDD”) that will eliminate the County’s responsibility and liability for the lake expansion located abutting the County’s Sports Complex and Special Events Center (“Sports Park”). CONSIDERATIONS: On October 13, 2020 (Agenda Item 11B), the Board approved a Contribution Agreement (“Agreement”) with CGNU providing for three land dedications to County. Section 3 (b)(iii) of the Agreement requires that two of the dedications (Grass Parking and Fitness Area) will be made upon City Gate’s completion of certain construction activities. CGNU was the purchaser of 102.25+/- acres in the City Gate Commerce Park PUD in 2020 and is the real estate holding entity for the Uline Corporation, which will be the end-user of the 936,000 square foot distribution center now under construction. The third dedication is for the 6.38 lake expansion parcel which is the subject of this executive summary. A map showing the lake expansion parcel is provided as backup to this item. Section 3 (b)(iii) of the Agreement provided, in pertinent part: * * * (b) Within 180 days after completion of the items set forth in Section 3(a) above, Purchaser [ CGNU] will dedicate at no cost to the County the areas described in subsections (i)-(iii) below, each as marked on Exhibit A, which areas have the following land values: * * * (iii) Area A (lake expansion), with a land value of $2,654,230 ($446,089 an acre). The reconfigured lake will be dedicated to the County or, at the County’s request, to a third-party entity such as the Community Development District (CDD) for the enjoyment of all parties whose property abuts the lake. The County hereby accepts all of the lands dedicated by Purchaser pursuant to subsections (i)-(iii) above. After such dedications, Purchaser shall have no liability with respect to such areas. * * * By email, copy attached, the chair of the CDD Board of Supervisors approached staff requesting that the lake expansion be conveyed to CDD instead of the County. Staff has reviewed the request and supports it because it will eliminate County’s responsibility and liability for the lake, as expanded, at the Sports Park and it will allow the CDD to maintain the lake, as expanded, under its existing stormwater managem ent permit. If the expansion parcel is dedicated to the CDD, the County as a property owner within the boundaries of the CDD will only be responsible for its pro-rata share of the cost of the maintenance of the lake 16.C.4 Packet Pg. 1214 06/14/2022 expansion. The cost per property owner is determined based on ownership percentage of the property within the CDD boundaries. The County as a significant property owner within the CDD boundaries has a staff representative on the CDD Board. Each budget year the CDD Board approves a proposed budget that is then forwarded to the Board of County Commissioners to adopt as a final budget and levy the resulting non-ad valorem assessments as required by Florida Statutes. Proposed costs for lake maintenance are included in that budget. The lake at the Sports Park is not suitable for water events. These events will continue to be held at County-owned Sugden Regional Park. FISCAL IMPACT: The approval of this item will result in approximate cost savings to the County of $20,168.60 ($30,820.00 lake maintenance cost * 65.44% [portion paid by other members] = $20,168.60) on an annual basis. GROWTH MANAGEMENT IMPACT: There is no impact on the County’s long-range planning effort. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To authorize the County Manager, or their designee to take whatever action is necessary so that the “lake expansion parcel” (Tract RL-2) located abutting the County’s Sports Complex and Special Events Center (n/k/a the “Paradise Coast Sports Complex”) is conveyed to the City Gate Community Development District, as allowed by the Board approved Contribution Agreement. Prepared by: Jennifer A. Belpedio, Real Property Manager, Facilities Management Division ATTACHMENT(S) 1. 2022-04-26-CC TRACT RL2 DEDICATION EXHIBIT (PDF) 2. Contribution Agreement City Gate (PDF) 3. Follow up -Tract RL-2 - Uline & City Gate & Paradise Coast Sports Complex (PDF) 16.C.4 Packet Pg. 1215 06/14/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 22203 Item Summary: *** This item continued from the May 10, 2022, BCC Meeting Agenda. *** Recommendation to authorize the County Manager, or their designee to take whatever action is necessary so that the 6.38 acre “lake expansion parcel” (Tract RL-2) located abutting the County’s Sports Complex and Special Events Center (n/k/a the “Paradise Coast Sports Complex”) is conveyed to the City Gate Community Development District, as allowed by the Board approved Contribution Agreement. Meeting Date: 06/14/2022 Prepared by: Title: – Facilities Management Name: Paula Brethauer 05/13/2022 3:54 PM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 05/13/2022 3:54 PM Approved By: Review: Facilities Management Geoffrey Willig Director - Facilities Skipped 05/13/2022 3:54 PM Facilities Management Geoffrey Willig Manager - Real Property Skipped 05/13/2022 3:54 PM Public Utilities Department Geoffrey Willig Level 1 Division Reviewer Skipped 05/13/2022 3:54 PM Public Utilities Department Geoffrey Willig Level 2 Division Administrator Review Skipped 05/13/2022 3:54 PM County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 05/13/2022 3:54 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/13/2022 4:02 PM Facilities Management Ed Finn Additional Reviewer Completed 05/15/2022 4:33 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/16/2022 8:10 AM Facilities Management Jennifer Belpedio Additional Reviewer Completed 06/01/2022 8:57 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/08/2022 2:53 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/14/2022 9:00 AM 16.C.4 Packet Pg. 1216 CITY GATE COMMERCE CENTER COLLIER COUNTY TRACT RL-2 DEDICATION EXHIBIT Z:\ActiveProjects\C\City Gate 07-0068\Engineering\37-GIS\2022-04-25_Dedication_Exhibit.mxdDate Saved: 4/25/2022 PROJECT: NOTES:2600 GOLDEN GATE PARKWAYNAPLES, FL 34105 CLIENT: LOCATION: EXHIBIT DESC: CITY GATE BOULEVARD NORTH CITY GATE DRIVE COLLIER BOULEVARDCITY GATE BOULEVARD SOUTHULINE DRIVESOUTH COUNTYREGIONAL WATERTREATMENT PLANT TRACT RL13.85-ACRES TRACT RL-26.38-ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 9 1 2 3 4 5 6 10 26 PHASE ONE PHASE THREE PHASE ONE PHASE THREE 1.42 2.67 5.00 2.01 2.00 2.37 10.08 7.73 20.18 61.28 67.93 NET15.3 NET5.92 1.02 1.16 4.00 1.01 1.10 1.65 1.65 1.75 1.67 1.64 1.50 1.19 5.07 4.06 4.55 LEGEND CITY GATE BOUNDARY CDD BOUNDARY PHASE LINE FPL EASEMENT 170' TRACT RL TRACT RL-2 LOT 11 CC SPORTS COMPLEX GREAT WOLF LODGE ¯ LEE COUNTY SITE LOCATION COLLIER COUNTY HENDRYCOUNTY NET3.64 22.90 8.00 Lot 12 (1.75-ac) combinedwith Lot 26 LOT 113.69-ACRES CITY GATE NAPLES, LLC("CGNU") 16.C.4.a Packet Pg. 1217 Attachment: 2022-04-26-CC TRACT RL2 DEDICATION EXHIBIT (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1218 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1219 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1220 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1221 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1222 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1223 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1224 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1225 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1226 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1227 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1228 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1229 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) 16.C.4.b Packet Pg. 1230 Attachment: Contribution Agreement City Gate (22203 : City Gate Lake Dedication) From:Roger Rice To:BelpedioJennifer; FinnEd Subject:Follow up -Tract RL-2 - Uline & City Gate & Paradise Coast Sports Complex Date:Monday, April 11, 2022 12:54:14 PM Attachments:image001.png image002.png 3 City Gate Commerce Park Phase Three Replat No.3 Recorded.pdf City Gate Phase Three Replat No. 4 Recorded (highlighted).pdf Backup FPL Tract RL-2 - 9-16-21 CDD Meeting Exhibit 10.pdf 2021-08-09 CDD BOUNDARY - Acres Assessed 04.05.2022.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Jennifer & Ed, Just a quick follow up regarding Tract RL-2 (Lake Expansion). The Plat Dedications for the City Gate Commerce Park Phase Three Replat No. 4 (Filed 12/14/2020 - Plat Book 68, Page 69 et seq.), were made by 850 NWN, LLC, CG II, LLC and City Gate Naples, LLC (“Uline”) dedicate Trat “RL-2” 1. To Collier County for DRAINAGE, MAINTENANCE, RECREATION AND ACCESS, WITHOUT RESPONSIBILITY FOR MAINTENANCE. 2. To City Gate Commerce Park Master Property Owners Association, Inc. (“City Gate POA”) for DRAINAGE, MAINTENANCE, RECREATION AND ACCESS, WITH RESPONSIBILITY FOR MAINTENANCE. 3. To City Gate Community Development District (“City Gate CDD”) for DRAINAGE, MAINTENANCE, RECREATION AND ACCESS, WITH RESPONSIBILITY FOR MAINTENANCE. See attached City Gate Commerce Park Phase Three Replat No.4 (Page 1) with above dedications highlighted. So, the “reconfigured lake” has been dedicated to the County, the City Gate POA and the City Gate CDD for drainage, maintenance, access, and recreation. This plat was done prior to the second closing. While the October 2020 Uline Contribution Agreement indicates the land value of the lake expansion area was $2,654,230, that would be on a cost approach basis. With the plat dedications and the obligations of the SFWMD ERP permit, this property has little to no market value. Also, attached hereto please find a portion of the backup for the City Gate CDD September 2021 budget meeting. The Backup is regarding the relocation of lights and installation of the relocated lights and new lights around Tract RL-2. The FPL lease agreement is with the City Gate CDD. On behalf of the City Gate CDD, I reiterate the request that the County consent to City Gate Naples, LLC (Uline) transfer the fee ownership of Tract RL-2 to City Gate CDD, rather than the County. This would merge the ownership of Tract RL and Tract RL-2 so that the entire lake would be common property of the community property and the maintenance of assessed to the CDD owners. The above will not affect the planned transfer of Lot 11 (grass parking) from City Gate Naples, LLC (“Uline”) to Collier County. The transfer Lot 11 from City Gate Naples, LLC (“Uline”) to Collier County will shift 3.69 acres (1.78% of the CDD O&M Assessment) from City Gate Naples, LLC (“Uline”) to the County, as it will increase the Collier County Sports Complex property from 67.93 acres to 71.62 acres. The FY2022 Annual Assessment for Lot 11 was $5,426.71. City Gate Naples, LLC (“Uline”) has paid the 1st Quarter (October 21 – December 21), the second quarter (January 22 – March 22) and the third Quarter (April – June). Roger Roger B. Rice, Esq. Roger B. Rice, P.A.9010 Strada Stell Court, Suite 207 Naples, Florida 34109 Phone: 239-593-1002Fax: 239-593-1309 From: Roger Rice Sent: Tuesday, April 5, 2022 1:47 PM To: BelpedioJennifer <Jennifer.Belpedio@colliercountyfl.gov>; FinnEd <Ed.Finn@colliercountyfl.gov> Subject: Meeting Today - Uline & City Gate & Paradise Coast Sports Complex 16.C.4.c Packet Pg. 1231 Attachment: Follow up -Tract RL-2 - Uline & City Gate & Paradise Coast Sports Complex (22203 : City Gate Lake Dedication) Jennifer & Ed, Thanks for meeting with me this morning. Attached hereto are the two recorded deeds to City Gate Naples LLC (Uline) and the map of City Gate, with corrections. Uline paid $27,507,566.75 at the October 2020 Closing and paid $17,861,945.00 at the December 2020 Closing. Uline acquired 102.25 acres (Lot 7 - 22.90 acres, Lot 8 – 8.00 acres, Lot 9 – 61.28, Lot 11 – 3.69 acres and Tract RL-2 - 6.38 acres). The per acre price would be $443,711.61. I have corrected the acreage summary for the County’s property on the Map attached. I had the total correct (67.93 acres) but had 0.645 when it should have been 0.345 acres. I have attached the deeds for the 4.83 acre parcel, the 0.345 acres parcel and the 1.75 acre parcel. I will send you two separate emails regarding the two topics we spoke about today. Roger Roger B. Rice, Esq.Roger B. Rice, P.A. 9010 Strada Stell Court, Suite 207 Naples, Florida 34109Phone: 239-593-1002 Fax: 239-593-1309 16.C.4.c Packet Pg. 1232 Attachment: Follow up -Tract RL-2 - Uline & City Gate & Paradise Coast Sports Complex (22203 : City Gate Lake Dedication)