Agenda 05/14/2024 Item #16F11 (Third amendment to Vacant Land between Collier County and David Lawrence Mental Health Center, Inc.)05/14/2024
EXECUTIVE SUMMARY
Recommendation to approve a Third Amendment to Vacant Land Contract between Collier County and
David Lawrence Mental Health Center, Inc., extending by one year the time to obtain the necessary site
permits. This unexpected delay relates to the Florida Department of Environmental Protection divested
authority to issue State 404 Program permits in Florida.
OBJECTIVE: To approve a Third Amendment to Vacant Land Contract between Collier County and David
Lawrence Mental Health Center, Inc. to extend the approval period needed to obtain the necessary site development
plans by one year - from June 24, 2024, to June 24, 2025.
CONSIDERATIONS: On May 9, 2023 (Agenda Item 16.F.2), the Board approved the Second Amendment to
Vacant Land Contract between Collier County and David Lawrence Mental Health Center, Inc. (“DLC”) extending
by 12 months the time to obtain the non-appealable entitlement and site development plan approval necessary to
permit the use and development of the property - setting the revised deadline to June 24, 2024.
Due to an unexpected delay related to the Department of Environmental Protection divested authority to issue State
404 Program permits in Florida, the June 24, 2024, deadline needs to be extended again, so that there will be
enough time to obtain the non-appealable entitlement and site development plan.
In December 2020, The Environmental Protection Agency (EPA) shifted the responsibility to implement Section
404 of the Clean Water Act from the U.S. Army Corps of Engineers (ACOE) to the Florida Department of
Environmental Protection (FDEP) under the new name of the State 404 Program. On February 15, 2024, a federal
judge sided with the Plaintiffs and overturned EPA’s approval of FDEP’s assumption of program. Immediately
thereafter, FDEP suspended processing of all pending State 404 applications, including No Permit Required
requests. As of now, the State 404 program is still on hold; yet ACOE has formally stated that they have started
accepting Section 404 permit applications. The subject Collier County Behavioral Health Center is not anticipated
to contain wetlands nor surface waters that would require authorization under the Clean Water Act (via either State
404 (old process) or Section 404 reviews (newly adopted process).
The Design Team had to closely monitor and evaluate how these new processes could affect the project. What
recently emerged is that a few years after the construction is completed, claims could be made that even though a
site was deemed to be dry, it indeed contained wetlands or surface waters that would have require authorization
under the Clean Water Act. A statement like this could be made for our project because the National Wetlands
Inventory Map, which is a macroscopic map of different regions, shows wetlands on the Behavioral Health Center
site, even though it has been verified there aren’t any wetlands.
The Environmental Consultant stated this could open the door for possible questions even after the project is built,
even though more accurate maps clearly supersede the information shown in the National Wetlands Inventory Map.
The best path for the project is to submit the Environmental Resource Permit (ERP) application with South Florida
Water Management District (SFWMD). As part of the ERP process, SFWMD will send a representative to the site,
to confirm what is outlined in the Environmental Report and to confirm that indeed there are no Waters of the
United States (WOTUS) on site. Upon that verification, the permit should be issued. The Environmental
Consultant, to provide a safety net on this issue, will go to the site again and compile a few ACOE Data Forms
describing what the field conditions. This site inspection will solely focus on showing there are no jurisdictional
wetlands and WOTUS are located on the project site. Those forms will be filed away and used as base line
supporting the Environmental Consultant determination.
The original June 24, 2024, deadline for the project permitting on this site has been delayed. The design was paused
for review when the case news was provided and everything in the State was moved to hold status, additionally the
Environmental Consultant needs to fill out and file ACOE Data Forms describing field conditions. A 12 -month
extension will allow the Design Team to manage the process and tackle additional delays that may arise.
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The attached proposed Third Amendment to Vacant Land Contract states that Section I of the Addendum to Vacant
Land Contract, as amended by Section 2 of the First Amendment, and subsequentially amended by Section 2 of the
Second Amendment, is further amended to extend the Approval Period by one year - from June 24, 2024, to June
24, 2025.
FISCAL IMPACT: There is no direct fiscal impact related to this request.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with adoption of the
strategic plan.
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: Recommendation to approve a Third Amendment to Vacant Land Contract between
Collier County and David Lawrence Mental Health Center, Inc., extending by one year the time to obtain the
necessary site permits.
Prepared by: Claudia Roncoroni, Project Manager, Facilities Management Division
ATTACHMENT(S)
1. Vacant Land Contract DLC - Curr Executed (PDF)
2. First Am to Vacant Land Contract - Curr Executed (PDF)
3. Second Amendment DLC_11E (PDF)
4. Third Amendment (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.11
Doc ID: 28432
Item Summary: Recommendation to approve a Third Amendment to Vacant Land Contract between Collier
County and David Lawrence Mental Health Center, Inc., extending by one year the time to obtain the necessary site
permits. This unexpected delay relates to the Florida Department of Environmental Protection divested authority to
issue State 404 Program permits in Florida.
Meeting Date: 05/14/2024
Prepared by:
Title: – Facilities Management
Name: Claudia Roncoroni
04/12/2024 12:00 PM
Submitted by:
Title: – Facilities Management
Name: John McCormick
04/12/2024 12:00 PM
Approved By:
Review:
Facilities Management John McCormick Director - Facilities Completed 04/12/2024 12:11 PM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 04/16/2024 7:52 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/16/2024 8:33 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2024 8:48 AM
Community & Human Services Maggie Lopez OMB Reviewer Completed 04/16/2024 4:34 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 3:58 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
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16.F.11.aPacket Pg. 1842Attachment: Vacant Land Contract DLC - Curr Executed (28432 : Recommendation to approve a Third Amendment to Vacant Land Contract
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SECOND AMENDMENT TO
VACANT LAND CONTRACT
THIS SECOND AMENDMENT TO VACANT LAND CONTRACT
Amendment") is made and entered into this 9th day of May 2023, by and between David
Lawrence Mental Health Center, Inc., a Florida not-for-profit corporation ("Seller"or"DLC")
and Collier County, a political subdivision of the State of Florida, through its Board of County
Commissioners ("Buyer").
RECITALS:
WHEREAS,the parties entered into certain Vacant Land Contract dated June 22,2021
Agreement"), which Agreement was amended on April 12, 2022; and
WHEREAS, due to an unexpected delay in finalizing a rezoning of the underlying
property the parties wish to extend the time to obtain the necessary site development plans.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein,the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Section 1 of the Addendum to Vacant Land Contract, as amended by Section 2
of the First Amendment, is hereby further amended to extend the Approval Period by one year
from June 24, 2023 to June 24, 2024.
3. Except as modified by this Second Amendment, the Agreement as previously
amended shall remain in full force and effect. If there is a conflict between the terms of this
Amendment and the Agreement as first amended, the terms of this Second Amendment shall
prevail.
Remainder of Page Intentionally Left Blank
Signature Page to Follow
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Packet Pg. 1870 Attachment: Second Amendment DLC_11E (28432 : Recommendation to approve a Third Amendment to Vacant Land Contract between Collier
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to be executed by their appropriate officials, as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K,Kinzel, Clem` COLLIER COUNTY, FLORIDA
By: ._.y By:
Attest as to Chairr;_rO eputy C e k Rick LoCastro, Chairman
signatur only
Approve s and legality:
Jeffrey Ai zkow, County Attorney
David Lawrence Mental Health Center, Inc.,
A Florida not-for- alit corporation
By:
PrintName:ex
Title: U,
DLC's itnesses:
irst NA' ess
Name and Title: T J;LC 944 !t ,T &tie ct(5 --(
econd Wit ss
Name and Title j qy-t &y 1 i {-) ye c o1_)
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