Agenda 07/09/2024 Item #16F4 (Authorize Budget Amendments to recognize $1,000,000 to be recieved from Lodge Abbot Associates, LLC.)07/09/2024
EXECUTIVE SUMMARY
Recommendation to authorize Budget Amendments to recognize $1,000,000 to be received from Lodge
Abbott Associates, LLC, pursuant to a Settlement Agreement and Release for the construction of a parking
lot on Tract 10, Wiggins Bay, Phase I which was recently conveyed to Collier County.
OBJECTIVE: To construct a County -owned parking lot at Wiggins Pass as specified by a Board approved
Settlement Agreement and Release.
CONSIDERATIONS: On March 26, 2024, the Board of County Commissioners approved and authorized the
Chainnan to accept title to Tract 10, Wiggins Bay, Phase 1, subject to certain encumbrances, pursuant to Ordinance
No. 23-46 and its related amended settlement agreement with Lodge Abbott Associates, LLC ("Lodge Abbott"). A
warranty deed has been recorded, making the County the owner of the parcel, which is approximately 3.47 acres in
size.
The settlement requires Lodge Abbott to pay $1,000,000 to the County within 60 days of the County obtaining
pennit for constructing a parking lot, either in whole or in part, on the parcel. The requested action requested is to
authorize recognition of the settlement payment in order to establish a project budget to allow the project to
proceed. The relevant settlement terms are excerpted below.
........... ...... .... .......
7. A new Paragraph 26 is added to the Settlement Agreement as follows:
26. Lodge Investments -shall-cause to be conygyed to the County, at no cost to
Coun!y, Tract 10, of the, Wiggins Bay Phase I subdivision according to the pla
recorded in Plat Book 13, Pages 89 and 90 of the Official Records of Collier County
Ftodda ("Couniy Parcel") by mmuan
dccd, frce and c1car of all ligns and
6ncumbrances except for a drainage easement for the benefit of the promM owners
within the PUD rccorded in OR Book 6214, Papue 59, within sixty (60) days of the
expiration.bf any avpcal pgriod or upon successful defense of any aJ2Kal of the
aRproval of The Amended PUD, PL20220001142. Acceptance will be pursuant to
Resolution-No:2010-39. In addition, Lodpc will gy the sum of one million dollars
P
($1,000,000) to jLhp Counly within siM (60) dus of the County obtaining
building pennit-to.�onstruct a Rarking lot in whole or part on the County Parcel.
T -here will be no impact credits piven for the conveyance of the promrtv and cash
Rayment.
6.18 COUNTY PARKING LOT
A. The developgrs Lodge/Abbott Assmiatcs, LLC and Lodae/Abbott Investments Associates,
LLC will complete all of their obligations under new pgragraph 26 of the Settlement
Aareement as amended by the First Amendnient to Settlement Agreement dated October
10, 2023 and recorded in Official Records Book 6297 Page 417 including but not limited
to the conveyance to the County, all described in the First Amendmerh to Senlement
Agreement.
The project will provide overflow parking for the adjacent Cocohatchee River Park and entails constructing a
parking lot that will feature both standard parking spaces and boat trailer spots, as well as the required lighting,
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07/09/2024
buffering and landscaping to comply with current code regulations. Staff is coordinating with neighboring
communities to foster cooperation and good communication. Staff will be exploring options to expedite the project
schedule.
FISCAL IMPACT: An initial project budget of $1,000,000 will be established within the County -wide Capital
Project Fund 3001, Wiggins Bay Parking Lot Project under an appropriate project number. The budget will be
supported by a payment in the same amount as provided in the amended Settlement Agreement and Release with
Lodge Abbott Associates, LLC.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this
time and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize Budget Amendments to recognize $1,000,000 to be received from Lodge
Abbott Associates, LLC, pursuant to a Settlement Agreement and Release for the construction of a parking lot on
Tract 10, Wiggins Bay, Phase 1.
Prepared By: Jennifer A. Belpedio, Manager. Facilities Management
ATTACHMENT(S)
ATTACHMENT(S)
1. Warranty Deed parcel - Recorded (PDF)
2. Amendment to Settlement Agreement and Release (PDF)
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07/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.4
Doe ID: 29051
Item Summary: Recommendation to authorize Budget Amendments to recognize $1,000,000 to be received from
Lodge Abbott Associates, LLC, pursuant to a Settlement Agreement and Release for the construction of a parking
lot on Tract 10, Wiggins Bay, Phase I which was recently conveyed to Collier County and accept an update on the
County's development plan to construct the parking lot.
Meeting Date: 07/09/2024
Prepared by:
Title: Manager - Real Property — Facilities Management
Name: Jennifer Belpedio
06/25/2024 11:18 AM
Submitted by:
Title: — Facilities Management
Name: John McCormick
06/25/2024 11:18 AM
Approved By:
Review:
Facilities Management
Facilities Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Community & Human Services
County Manager's Office
Board of County Commissioners
Jennifer Belpedio
Manager - Real Property
Ed Finn
Director - Facilities
Ed Finn
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Maggie Lopez
OMB Reviewer
Ed Finn
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/25/2024 3:22 PM
Skipped
07/01/2024 9:42 PM
Skipped
07/01/2024 9:44 PM
Completed
07/02/2024 8:23 AM
Completed
07/02/2024 10:33 AM
Completed
07/02/2024 2:29 PM
Completed
07/02/2024 4:51 PM
07/09/2024 9:00 AM
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INSTR 6529095 OR 6346 PG 2297 RECORDED 4/5/2024 2:30 Pm PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $27.00
Prepared by and return to:
Cheryl L. Hastings, Esq.
GUNSTER, YOAKLEY & STEWART. P.A.
5551 Ridgewood Drive, Suite 501
Naples, Flonda 34108
Parcel No.: 8183048000
Space Above This Line For Recording Datal
WARRANTY DEED
I I
THIS WARRANTY DEED is,made this kv day of January 2024, by and between TRIDENT -
DUNES L.L.C., a Michigan limit��,Oalbility company, whose post office address is 3400 E. Lafayette
Street, Detroit, Michigan 48207 ("Gr6ritor"), and COLLIER COUNTY, a political subdivision of the State
of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 102,
Naples, Florida, 34112 ("Grantee").
W NESSETH:
THAT Grantor, for and in consideration of the sum of TEN AND NO/1 00 DOLLARS ($10.00) and
other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof
is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs,
personal representatives, successors and assign,,sf6[f6,,ver, the following described land, situate, lying and
being in Collier County, Florida:
All of Tract 10, Wiggins Bay, Phase 1, a subdivigioh4n�the Southwest quarter of Section 16,
Township 48 South, Range 25 East, Collier Coun't9-k,1F19,dda, according to the plat thereof
recorded in Plat Book 13, Pages 89 and 90, of the PU0c'-f*9rds of Collier County, Florida.
SUBJECT TO: Taxes and assessments for the year �
regulatory laws and ordinances, and those matters listed on
TOGETHER with all the tenements, hereditaments and
anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever
�nd;subsequent years, zoning and other
hereto.
app#&1�611rlilnces thereto belonging or in
J
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to convey said land; the Grantor
does hereby fully warrant title to said land and will defend the same against the lawfulclaims of all persons
whomsoever; and that said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first
above written.
[Signature Page to Follow]
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Warranty Deed (Statutory Form) Page 1 of 3 -- 111'�o
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Signed, seal nd in the presence of:
TRIDENT -DUNES L.L.C., a Michigan limited
Witness #1 Signature liability company
Witness #1 Printed
M44 old Cooff ka.
1 ?+11 V
Witness #1 Postal Address
Wifn6?'s_ #2 Signature
fqtt� V. M00ye,
Witriess #2 Printed Name
_lSq4U Old C0011f Ad - K16PLt(tFL 3
Witness #2 Postal Address
STATEOF fbridfi�
COUNTY . Collfer
By: Trident Properties, Inc., a Michigan
corporation, its sole member
By: q4A
YaI6 Levin, its Executive Vice President
The foregoing instrument was acknowledged bfqri
day of January 2024, by Yale Levin, as Executive !pe.
corporation, as the sole member of TRIDENT -DUNES L.
behalf of the company, who is p to me or hc�
GINA MARIE LnTTTO
IMY COMMISSION# HH 371079
July 7. 2027
IRES'
EXP I
ACCEPTANCE BY,GR,6NTEE:
ATTEST:
CRYSTAL f�*'KINZEL;-C C*EIqK-.
Attest asttol
.7 Irplan's
sign
as to form,a6d
Derek D. Perry
Assistant County Attorney
me by means of physical presence this I � a
L)
�ident of Trident Properties, Inc., a Michigan
a Michigan limited liability company, on
Obtluced as identification. Cn
Notg4 Pub,111c.Sighature
Marie,
Notary Public Prihted'Name
BOARD OF COUNTY. COMMISSIONERS
COLLIER COLIN FLORIDA
By:
Chris Ha*trCh-airman
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PURSUANT TO
AGENDA DATED r"j9rZCLj ' 7—Ce , 2024,
AGENDA ITEM NO. I&. F. 2- _.
0
fflarranry Deed (Statutory Form)
Page 2 of 3
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EXHIBIT A
1 Conditions, restrictions and limitations together with Easement as reserved for public utility purposes
as shown on Plat recorded in Plat Book 13, Page 89, of the Public Records of Collier County, Florida,
as affected by Affidavit of Terry E. Wilkinson, PLS #4045, recorded in Official Records Book 1093,
Page 514, of the Public Records of Collier County, Florida.
2. Wiggins Bay'De4laration of Covenants dated June 20, 1984, recorded June 21, 1984 in Official
Records B 050, Page 1536, as affected by Declaration and Grant of Easement recorded in
Official Recorr d 01*1252, Page 1537, Certificate recorded in Official Records Book 1360, Page
367, Amend' e,O�r�e',brded in Official Records Book 2209, Page 102, Assignment of Developer
Rights recorded�jn icipl Records Book 4250 Page 1765, and Notice of Preservation of Use
Restrictions Under �ar*,-",fobie Record Title Act recorded April 29, 2015 in Official Records Book
5145, Page 2739, ainealso as affected by Assignment of Rights recorded in Official Records Book
1600, Page 2261, Amended Assignment of Rights recorded in Official Records Book 1643, Page
561 and Designation of S�6cce,
,�sor Declarant and Assignment of Rights recorded in Official Records
Book 1643, Page 562, all aff6cted by Order recorded in Official Records Book 4521, Page 2399, all
of the Public Records of Collier County, Florida, and any amendments thereto, if any. Pursuant to
Ryan vs Town of Manalapan,, ;1-4."go.2d 193 (Fla. 1982) and Public Instruction vs. Town of Bay
Harbor Islands, 81 So.2d 637 (F�-16� lb�5) the restrictions contained in the foregoing shall not apply
to Grantee, a public body, for as'lori
g, "Grantee owns and uses the Property for public purposes.
3. Wiggins Bay Planned Unit Development Ordinance adopted by the Board of County Commissioners
dated December 28,1992 being PUD Ordinance 82-121.
4. Drainage easement by Wiggins Bay Associatiort, Ltd., an Illinois limited partnership, in favor of
Collier County, a political subdivision of the State of Florida, recorded in Official Records Book 1088,
Page 1562, and Official Records Book 1088, Page�2222, both of the Public Records of Collier
County, Florida.
5. Easement in favor of Collier County recorded bf 1984 in Official Records Book 1106, Page
Oct��
309, of the Public Records of Collier County, Florid
6. Any and all residual royalty rights of Coastal Petroleum--CoMpany, or its assigns, resulting from any
agreements with the Trustees of the Internal Improvement Trust Fund of Florida, which rights do not
include the right to disturb the surface without the consent of -the surface owner.
7. Grant of Easement in favor of Comcast of the South, Inc. recorded October 18, 2006 in Official
Records Book 4123, Page 3594, of the Public Records of Collier County, Florida.
8. Settlement Agreement and Release by and between The Board of C-6 I unty�16mmissioners of Collier
County, Florida, and Lodge Abbott Associates, LLC, recorded June 10, 2008 in Official Records
Book 4368, Page 2345, as affected by Amendment to Settlement Agreement and Release recorded
October 16, 2023 in Official Records Book 6297, Page 417, of the Public Records of Collier County,
Florida.
9. Grant of Easement in favor of Comcast of The South, Inc. recorded February 2, 2012 in Official
Records Book 4761, Page 462, of the Public Records of Collier County, Florida.
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Warranty Deed (Statutory Form)
Storm Water Drainage Easement Agreement dated January 16, 2023 by and between Trident -
Dunes L.L.C., a Michigan limited liability company, and Lodge/Abbott Investments Associates LLC,
a Michigan limited liability company, recorded January 19, 2023 in Official Records Book 6207, Page
3065, and January 20, 2023 in Official Records Book 6208, Page 376, as affected by Amendment
recorded February 8, 2023 in Official Records Book 6214, Page 59, all of the Public Records of
('nlliar (n"nhi Pinritin
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INSTR 6465205 OR 6297 PG 417 RECORDED 10/16/2023 3:15 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $61.00
AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE
This Amendment to Settlement Agreement and Release is executed this 10 day of
0C,JoLc,r 2023, by and between the Board of County Commissioners of Collier County, Florida
(the "County") and Lodge Abbott Associates, LLC, a Michigan limited liability company
("Lodge") join
ye�,bjtodge Abbott Invcstments Associates, LLC, a Michigan limited liability
L
,f
company Lo' : . irwistments").
96 a.
BACKGROUND
. .............. .
A. The CouAtylafidLodge entered into a Settlement Agreement and Release dated June
9, 2008 (the "Settlement Agreement"), recorded at Official Records Book 43 68, Page 2345, of the
Public Records of Collier County,;`Florida; and
B. Among other things tb�"Settlement Agreement resulted in approval by the County
of an amendment to the Cocohatch6e Bq;y PUD, Ord. No. 2000-88, set forth as Exhibit "2" to the
Settlement Agreement (the "AmendedTpTb" and
C. Lodge and Lodge Invesiments'have filed an application to further amend and >
as ncurrently approved the Amended and Restated 0
_cb
restate the Amended PUD and the Count3(h
Cocohatchee PUD; and
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D. Consistent with the forgoing, the,
,ixufti6s have agreed to amend certain terms set
forth in the Settlement Agreement and have enterqd-intothis Amendment for that purpose.
NOW, THEREFORE, for good and valuable-�Onsi`dpration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
1. The above recitals are true and correct, area p
'" "Att of this Amendment, and are a
material inducement to the parties in entering'Thto, this Amendment.
2. It is acknowledged that the Amended PUD has beed.,,fin'ther amended and restated
by an Amended and Restated PUD concurrently app', 'edby the Board of County
Commissioners, under Ordinance No. 2023-46 (the '7WAmended and Restated
Cocohatchee Bay PUD"). Consistent with its adoption tw, 7ties hereby amend
the Settlement Agreement as follows.
3. The first sentence of Paragraph 2 of the Settlement Agreement"is' -hereby amended
to state:
The settlement documents, at the time of execution of the Settlement
Agreement, consisted which will consist of the original PUD Ord. No.
2000-88 (Exhibit 1), the Amended PUD, concurrently adopted (Exhibit 2)
the revised Bald Eagle Management Plan for the Amended PUD (attached
as Exhibit B to the amended PUD), a phasing diagram entitled
"Cocohatchee Bay Golf Course Exhibit" (Exhibit 3), and a Pathway
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Depiction (Exhibit 4). This Agreement and Release expressly states the
acceptable deviations in development standards from the original PUD.
Absent an express term in this Agreement and Release, the original PUD
will control.
4. .PqjajdTaph 6 of the Settlement Agreement is hereby amended as follows:
WiQ#'fifieen (15) days of the Effeetive Date of this Sealement Agy-eement, Lodge
,has clontrit�atd shall centfib the sum of $3 million to the County to fund
Vanderb-MID 've corridor improvements and bridge enhancements. No impact fee
''I
credits sh,attle'given for payment of this sum. Lodge recognizes that the County
5.
6. Paragraph 11 of the Settlement Agreement is amended i fits ntirely to read as
follows:
The maximum number of dwelling units to be constructe&by Lodge shall not
exceed -5 ,90 600 units. Of these, a maximum of 590 600 units may be multi -family
and constructed on the R Parcel. However-, twe (2) units of the-50-0 may be single
family units to be built of the GO Par -eel. The development standards fef the single
family dwelling units on the GC Pareel shall be as set fefth in Seetion 4.4 in th
amended PUD, at4aehed hefete as E?Ehibit 2.
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7. A new Paragraph 26 is added to the Settlement Agreement as follows:
8.
26. Lodge Investments shall cause to be conveyed to the Counjy, at no cost to
CoqgV, Tract 10, of the Wiggins Bgy Phase I subdivision according to the plat
To the extent that therekis &contlict between the terms of the Settlement Agreement,
as hereby amended, aAd '41�,Aerms, entitlements, impositions, and obligations
imposed by the 2023 Aft��,ed an d Restated Cocohatchee Bay PUD, the latter shall
control. J
9. Except as modified hereby, th."ettleinent Agreement remains in full force and
effect.
The parties have executed this instrument as 06W
I , day and year first above written.
[SIGNATURE PAGES TO
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:_ � / �-
Rick LoCastro, Chairman
ATTEST:
CRYSTAL,A<.'
&I! rV 1A
- I X""
Atlest as'�to Ch'a'="'aW�;
signature only
Approved as to form legality:
Ileidi Ashton-Cicko
Managing Assistant County Attorney
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Witnesses:
00, ez, --
Witness #1
V1 Lle—f i
Witness #2
Che4
Printed name of
LODGE ABBOTT A OCIATES, LLC
By.
,� W, V,
Printed Name:. A/'uxtrd L.
Title: \)�(Q. we!!�Na-wv
STATE OF M-,C.W-.Mv%
COUNTY OF JA)a�no-
'J
The foregoing instrument was acknpwled db foremebyrneansof 0 physical presence or
online notarization this 12 da ':,6.f , gC c 4j&of LODGE
y 4 d*AqbwW _2023, as \)tt,(
ABBOTT ASSOCIATES, LLC, a -Michigan limited liability company.
Notary Public must check applicable bb.,x.,�
are persoffall ,,n to me.
�.,"ow
7A .1; �,
produced her cprir�en�',driver license.
F-1 produced as identification.
CL--
(Notary Seal)
'%'t�ry
Printed Name of Nqtary:
Commission Number:
My Commission E. s-,
Michelle Arb0gaSt
Notary Public of Michigan
LMngston County
E!xpiresOSIO z:,r - .
)2
Acting in the County of
C--f
4-
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Witnesses:
Wan
ic-K-
e-150 4* ti i
name offl7tifiess #2
STATE OF M-%0K%&aV1
COUNTY OF
0
The foregoing instrument was acknowled
online notarization this _Aa day of _a
ABBOTT INVESTMENTS ASSOCIA�
Notary Public must check applicable box:
(Notary Seal)
LODGE ABBOTT INVESTMENTS
AS
M-
Prin
Title: \) vrk %E�dov*
hysical presence orEl
me by means of*
2023, as �Ag' P&I-AeAk of LODGE
a Michigan limited liability company.
6are, personally kno,"19,
F1 produced her current' ?y
F� produced
identification.
'r4ULaLy JF
Printed Name of Not,
Commission Number:
4 A
My Commission Expires--,-
8
iChelle Arbogast
Notary Public of MICNgmn
4,�
Livingston Coun
r:
Expires 08MM 12
Acting in t"he County of
Z� 4�.
... .......
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Trident Dunes, LLC hereby acknowledges and consents to the provisions in Paragraph 26
(number 7 of this document) regarding conveying the 3± acre County Parcel to Collier County.
TRIDZENT DZUNES, LL
By: T-- 11
Printed
Name: S@M,--)arkT-
Title: F(feciA&PAA
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