Backup Documents 09/13/2022 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i 6 A 3-
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 FfriNk
4. BCC Office Board of County
Commissioners (,iM by /f cr/1'Y/Z 2
5. Minutes and Records Clerk of Court's Office � (��`�` G `�
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 David Weeks/Zoning Division(Vendor) Phone Number 239-252-2305
Contact/ Department
Agenda Date Item was 9/13/2022 Agenda Item Number 16.A.3.
Approved by the BCC
Type of Document Agreement 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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, DW
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 DW
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 N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the DW
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DW
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9-13-22 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's .
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. I tt7�
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
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BCC September 13, 2022
Agenda Item 16.A.3., Agreement
Additional Signatures Required:
1. Florida Department of Economic Opportunity
Deputy Secretary Benjamin Melnick
107 East Madison Street
Caldwell Building
Tallahassee, Florida 32399
2. Florida Department of Economic Opportunity
Office of the General Counsel
107 East Madison Street
Caldwell Building, MSC 110
Tallahasse, FL 32399-4128
Routing Slip Attachment_9-13-2022 BCC G:ACBBS Planning Services\Comprehensive\Seminole Tribe Government Services Building Agreement dw/9.9-22
Crystal K. Kinzel q
,�11TURT�CO 1 6 A .d
,, Collier County
Clerk of the Circuit Court and Comptroller
3315 Tamiami Trail East, Suite 102
5 r
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Naples, Florida 34112-5324
<OUNTN••����
September 17, 2022
Florida Department of Economic Opportunity
Deputy Secretary Benjamin Melnick
107 East Madison Street
Caldwell Building
Tallahassee, FL 32399
Re: Agreement regarding Seminole Tribe Government Services Building with the
Big Cypress Area of Critical State Concern Under Section 380.32(32(3), Florida Statutes
Dear Mr. Melnick,
Attached for further processing is an original copy of the agreement referenced above,
approved by the Collier County Board of County Commissioners on September 13, 2022.
After the agreement(s) is signed by the appropriate party, please email a signed copy to
ann.jennejohn@collierclerk.com , with Collier County's Board Minutes and Records
Department that serves as Clerk to the Board, thereby providing a fully executed document
for their Official Record.
If your office requires further information regarding this mailing, please feel free to
contact me at 239-252-8406.
Thank you.
CRYSTAL K. KINZEL, CLERK
Ann Jennejohn,
Deputy Clerk
Attachment
Phone-(239)252-2646 Fax-(239)252-2755
Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com
Crystal K. Kinzel
Collier County 1 6 A 3
0�� Clerk of the Circuit Court and Comptroller
c
3315 Tamiami Trail East, Suite 102
x Naples, Florida 34112-5324
<C',R ouN1" -
September 17, 2022
Florida Department of Economic Opportunity
Office of the General Counsel
107 East Madison Street
Caldwell Building, MSC 110
Tallahassee, FL 32399-4128
Re: Agreement regarding Seminole Tribe Government Services Building with the
Big Cypress Area of Critical State Concern Under Section 380.32(32(3), Florida Statutes
Dear Sir,
Attached for further processing is an original copy of the agreement referenced above,
approved by the Collier County Board of County Commissioners on September 13, 2022.
After the agreement(s) is signed by the appropriate party, please email a signed copy to
ann.jennejohn@collierclerk.com , with Collier County's Board Minutes and Records
Department that serves as Clerk to the Board, thereby providing a fully executed document
for their Official Record.
If your office requires further information regarding this mailing, please feel free to
contact me at 239-252-8406.
Thank you.
CRYSTAL K. KINZEL, CLERK
Ann Jennejohn,
Deputy Clerk
Attachment
Phone-(239) 252-2646 Fax-(239) 252-2755
Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com
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AGREEMENT REGARDING A SEMINOLE TRIBE GOVERNMENT SERVICES
BUILDING WITHIN THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN
UNDER SECTION 380.032(3), FLORIDA STATUTES
THIS AGREEMENT is entered into between Collier County ("County") and the Florida
Department of Economic Opportunity ("DEO"). The County and DEO may each individually be
referred to herein as a "Party" or collectively as the "Parties".
RECITALS
WHEREAS, DEO is the state land planning agency having the power and duty to exercise
general supervision of the administration and enforcement of the Florida Environmental Land and
Water Management Act of 1972 ("Act"), which includes provisions relating to designated Areas
of Critical State Concern; and
WHEREAS, DEO is authorized by section 380.032(3), Florida Statutes, to enter into
agreements with any landowner, developer, or governmental agency as may be necessary to
effectuate the provisions and purposes of the Act or any rules promulgated thereunder; and
WHEREAS, the County is a governmental agency, as defined by the Act, and a portion of
the County is within the Big Cypress Area of Critical State Concern, as designated by Section
380.055, Florida Statutes, and which is regulated by Rules 28-25.001 — 28-25.016, Florida
Administrative Code; and
WHEREAS, the Seminole Tribe of Florida has brought to the attention of DEO and Collier
County that members of the Seminole Tribe of Florida who reside and use the region in and around
the Big Cypress Area of Critical State Concern lack ready access to information regarding
governmental services including public safety and medical care, lack an emergency hurricane
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shelter, and lack community meeting space and cultural training facilities, among other uses
("Government Services"); and
WHEREAS, DEO and Collier County recognize that there are limited properties in private
ownership within or near the Big Cypress Area of Critical State Concern that have been previously
developed and that could support a facility for the provision of Government Services to Seminole
Tribe members; and
WHEREAS, DEO and Collier County recognize that the Property would be difficult to
develop as contemplated by the Seminole Tribe for Government Services under a strict application
of the Big Cypress Area of Critical State Concern Regulations in Rule 28-25, Florida
Administrative Code; and
WHEREAS, the purposes of the Florida Environmental Land and Water Management Act
of 1972 and the Big Cypress Area of Critical State Concern include protection of natural resources
and the environment (§§ 380.021 and 380.055, Fla. Stat., and Fla. Admin. Code R. 28-25.002);
and
WHEREAS, rule 28-25.011, Florida Administrative Code, provides that the use of local
variance procedures shall apply to the Big Cypress Area of Critical State Concern, provided
however, that no variance shall be granted unless such development is designed, consistent with
Big Cypress Area regulations, to have minimum adverse impact on the Area's water storage
capacity, surface water and estuarine fisheries; and
WHEREAS, the Collier County Growth Management Plan and Land Development Code
provide that this Agreement shall serve as the variance procedure for properties within the Area of
Critical State Concern, allowing the State and Collier County to ensure that the intent of the
controlling statutes and rules are met; and
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WHEREAS, the County finds that this Agreement provides the minimum standards
making possible the reasonable use of the Property for Government Services, and that this
Agreement is consistent with the County's Growth Management Plan and in compliance with the
County's Land Development Code; and
WHEREAS, DEO and the County desire to clarify and establish the proper application of
the variance procedures in the Big Cypress Area by providing the appropriate scope of
development of the Property.
NOW, THEREFORE, DEO and the County agree as follows:
1. Recitals. The recitals set forth above are incorporated herein and are essential elements
hereof.
2. Area Affected. This Agreement shall apply to the Property as more specifically described
on Exhibit "A".
3. Maximum Development. A development order which authorizes up to the following
development on the Property ("Maximum Development") shall be an appropriate variance under
Rule 28-25.011, Florida Administrative Code:
Any and all land development permits for site alteration, including dredging and
filling, to permit the construction of a Government Services building, allowing a
maximum of 50,000 square feet of site alteration, 38,000 square feet of
impermeable surface, and 15,000 square feet of building floor area under air.
Notwithstanding anything in this Agreement to the contrary, no more than 62.38%
of the Property acreage may be altered, and nonpermeable surfaces may only
comprise up to 76% of said altered area (i.e., 47.4% of the Property acreage).
4. Variance Applicability.
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a. As it relates to DEO, this Agreement and the Maximum Development limitations
provided herein, shall serve as a variance from the following regulation:
i. Florida Administrative Code Rule 28-25.006(1), Site Alteration
b. As it relates to the County, this Agreement and the Maximum Development limitations
provided herein, shall serve as a variance from the following regulations:
i. Collier County Growth Management Plan:
1. Future Land Use Element; Future Land Use Designation Description
Section; V. Overlays and Special Features; A. Area of Critical State
Concern Overlay; 1. Site Alteration
2. Conservation and Coastal Management Element; Policy 6.2.3(2)
ii. Collier County Land Development Code; Section 4.02.14(C).
5. Development Orders. Any future development order for the Property shall be rendered to
DEO in accordance with section 380.07, Florida Statutes. Nothing herein limits DEO's authority
to review any future development order, including any order related to the Property, except as
expressly set forth in this Agreement. Consistent with the requirements of rule 28-25.011,F.A.C.,
any future development order for the Property shall require development permitted thereunder be
designed to have minimum adverse impact on Big Cypress Area's water storage capacity, surface
water and estuarine fisheries, and the applicant shall have the affirmative burden of establishing
that the development will not have an adverse impact on such resources.
6. Preservation of Wetlands. The County shall ensure all development orders for the Property
shall require, as a condition of their issuance, to the extent possible consistent with the Maximum
Development permitted in paragraph 3, the preservation of any remaining wetlands on the site and
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a stormwater control system that mimics the historic water flow, as may be allowed consistent
with any applicable rules, regulations, and permit requirements.
7. Entirety of Agreement. This Agreement contains the entire and exclusive understanding
and agreement among the Parties and may not be modified in any manner except by an instrument
in writing and signed by the Parties to this Agreement.
8. Duplicate Originals. This Agreement may be executed in any number of originals, all of
which evidence one agreement, and only one of which need be produced for any purpose.
9. Enforcement. In the event of a breach of this Agreement or failure to comply with any
condition of it or if it has been based upon materially inaccurate information, DEO may enforce
the County's compliance with this Agreement as provided in sections 380.07 and 380.11, Florida
Statutes.
10. Scope of Authority. This Agreement is not intended to influence or determine the authority
or decisions of any state or local government or agency other than the Parties in issuance of any
permits or approvals that might be required by federal, state, or local laws and regulations for any
development contemplated by this Agreement.
11. No Third-Party Rights.No property owner or developer shall incur any obligations or make
changes in position in reliance on any terms of this Agreement. Neither this Agreement nor any
provision hereof or agreement or provision included herein by reference shall operate or be
construed as being for the benefit of any person or entity not a Party hereto, or grant a third party
a right to enforce this Agreement.
12. Date of Execution. The date of execution of this Agreement shall be the date that the last
party signs and acknowledges this Agreement.
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IN WITNESS THEREOF, the parties by and through their respective undersigned duly
authorized representatives have executed this Agreement on the dates and year below written.
BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF
OF COLLIER '0 _ FLORIDA ECONOMIC OPPORTUNITY
61)
BY: .r _�� BY:
Wil/am L. McDaniel, Jr., Chairman Benjamin M. Melnick, Deputy Secretary
Division of Community Development
Date: 03/202Z Date:
Attest
CIZ�TM.KINZEL, CLERK
By t.. -1J C
A@S°tl'31y ' Clerk
Approv C 'and legality:
1).11,A
Heidi Ashton-Cicko
Assistant County Attorney
Approved as to form and legal sufficiency,
subject only to full and proper execution by
the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC
OPPORTUNITY
By:
Approved Date:
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EXHIBIT A—Property Description
Parcel No.: 01238680000
Site Address: 57257 TAMIAMI TRL E, OCHOPEE, FL 34141
TRACTS 118 AND 119 OF SECTION 36, TOWNSHIP 53 SOUTH, RANGE 34 EAST,
COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 36
WITH THE NORTHEASTERLY R/W LINE OF U.S. HWY 41 RUN NORTHWESTERLY
ALONG THE NORTHEASTERLY R/W LINE OF U.S. HWY 41 FOR A DISTANCE OF
4545.58 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHWESTERLY
ALONG SAID NORTHEASTERLY R/W LINE OF U.S. 41 FOR A DISTANCE OF200 FEET,
TO A POINT; THENCE DEFLECTING TO THE RIGHT 90° RUN NORTHEASTERLY FOR
A DISTANCE OF 400 FEET TO A POINT; THENCE DEFLECTING TO THE RIGHT 90°RUN
SOUTHEASTERLY FOR A DISTANCE OF 200 FEET TO A POINT; THENCE DEFLECTING
TO THE RIGHT 90° RUN SOUTHWESTERLY A DISTANCE OF 400 FEET TO THE POINT
OF BEGINNING.
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