Agenda 03/08/2016 Item #16D 9 3/8/2016 16.D.9.
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Radio Rd,LLC,a Florida
limited liability company to donate a 1.14 acre parcel along with a management endowment of
$19,608, a portion of which is a donation, to the Conservation Collier Land Acquisition Program
under the offsite vegetation retention provision of the Land Development Code LDC Section 3.05.07
H.1.f.iii. (b), at no cost to the County, and authorize the Chairman to sign the Donation Agreement
and staff to take all necessary actions to close. Note: This is a companion item to 16Al2 which
recommends approval to record the final Plat of Lane Park.
OBJECTIVE: To accept land and a management endowment to Conservation Collier as contemplated in
the offsite vegetation retention provision of the Land Development Code.
CONSIDERATIONS: A 2010 Land Development Code amendment, Section 3.05.07 H.1.f.i. (a) and(b),
provides the option to developers to accomplish their required native vegetation retention offsite by
donating lands and management endowment funds to the Conservation Collier Program.
Radio Rd, LLC, is presently under contract to purchase a 1.14 acre parcel and has advised staff that if
approved by the Board of County Commissioners (Board) for acceptance, it plans to convey this parcel
located within the Winchester Head Preserve in Golden Gate Estates, along with a management
endowment, to the Conservation Collier Program as offsite preservation for 0.49 acres on the Lane Park
development (PL20130001482) under the above referenced LDC provision. Radio Rd, LLC, has further
informed staff that it expects to close by the deadline set forth in Paragraph 3 of the Agreement, sixty
days from Board approval. The referenced Donation Agreement also provides that failing to timely close
will result in the Agreement becoming null and void,and of no further force and effect.
This parcel was cleared of exotic vegetation prior to donation. The management endowment of$19,608
satisfies the LDC (Section 3.05.07 H.1.f.iii. (b)) requirement that"The amount of payment shall be equal
to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost of
land in all of the Designations, as applicable, as defined by the Future Land Use Element (FLUE),
purchased by Collier County through the Conservation Collier Program." The average cost of land in all
other Designations is $3,895 per acre; therefore the endowment is calculated at $3.985 X 1.14 for a total
endowment amount of$4,440.30. The donor wishes to increase the management endowment to $17,200
per acre, providing for an additional cash donation of$15,167.70, or a total of$19,608. To benchmark
the endowment formula, the South Florida Water Management District requires $1,000 per acre as
endowment for donations. Acceptance of this parcel by Conservation Collier will serve to further the
protection of environmentally sensitive lands within Winchester head Preserve.
The CCLAAC previously recommended acquisition of parcels within Winchester Head Preserve, as all
parcels in this project are on the 2011 A-List, which was approved at the January 25, 2011, Agenda Item
No, 10B. Additionally, LDC Section 3.05.07, H.1.f. iii. (b) specifically allows donations within Golden
Gate Estates Unit 65, aka Winchester Head Preserve.
Upon Board approval, the attached standard form Donation Agreement and a Warranty Deed will be
prepared for the County Attorney's Office review and approval for execution by the Chair and
recordation.
At its July 7, 2015 meeting, Agenda Item 11G, the Board directed staff to work with the Development
Services Advisory Committee (DSAC) and the Conservation Collier Land Acquisition Advisory
Committee(CCLAAC)to develop an amendment for the LDC provision that would either require a larger
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but not perpetual management endowment or remove the option to donate lands and only accept donation
of funds. The $17,200 per acre proposed endowment donation amount equals the amount recommended
for endowments by the DSAC, which has not yet been vetted with the Board or approved as a donation
endowment amount in the LDC.
FISCAL IMPACT: There is no cost to the County associated with acceptance of this property. The
Collier County Property Appraiser values this parcel at $6,240 per acre or a total of$7,114. The $19,608
management endowment, which is more than required by the LDC, is expected to cover maintenance
costs for 31 years. Because of its environmental condition, its location within the Winchester Head
Preserve boundary and the proposed management endowment,this 1.14 acre donation is not anticipated to
increase the Winchester Head Preserve project perpetual operations and maintenance costs in the near
future. After endowment funds are depleted, and at least 70% of the project area has been acquired, costs
to manage the property are expected to be minimal. Potential future costs will be incorporated into the
Conservation Collier Long Term Financial Management Plan.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with
and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
majority vote for approval. -JAB
RECOMMENDATION: Staff is recommending that the Board:
1) Approves and accepts a standard form Donation Agreement and Warranty Deed from Radio Rd. LLC,
a Florida limited liability company.
2) Authorizes the Chairman to execute the Donation Agreement with Radio Rd. LLC, a Florida limited
liability company 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;
3)Authorizes staff to accept the land management endowment, including$4,440.30 that is required by the
LDC and the additional donation of$15,167.70 for a total endowment donation of$19,608.
4) Directs the County Manager or his designee to proceed to acquire this parcel, 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: Cindy Erb, Sr. Property Acquisition Specialist,Facilities Management Division and
Alexandra Sulecki,Principal Environmental Specialist,Parks and Recreation Division
Attachments: Project Design Report
Donation Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.9.
Item Summary: Recommendation to approve a standard Donation Agreement that allows
Radio Rd, LLC, a Florida limited liability company to donate a 1.14 acre parcel along with a
management endowment of$19,608, a portion of which is a donation, to the Conservation
Collier Land Acquisition Program under the offsite vegetation retention provision of the Land
Development Code LDC Section 3.05.07 H.1.f.iii. (b), at no cost to the County, and authorize the
Chairman to sign the Donation Agreement and staff to take all necessary actions to close. Note:
This is a companion item to 16Al2 which recommends approval to record the final Plat of Lane
Park.
Meeting Date: 3/8/2016
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Parks &Recreation
2/8/2016 8:47:44 AM
Submitted by
Title: Environmental Specialist,Principal, Conservation Collier
Name: SuleckiAlexandra
2/8/2016 8:47:46 AM
Approved By
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 2/11/2016 2:30:29 PM
Name: SuleckiAlexandra
Title: Environmental Specialist,Principal,Conservation Collier
Date: 2/12/2016 2:46:24 PM
Name: Washburnllonka
Title: Manager-Park Operations,Parks &Recreation
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3/8/2016 16.D.9.
Date: 2/17/2016 4:00:30 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 2/22/2016 9:28:48 AM
Name: WilliamsBarry
Title: Division Director-Parks &Recreation, Parks &Recreation
Date: 2/23/2016 4:55:44 PM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 2/23/2016 5:16:28 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/24/2016 11:35:51 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 12:59:19 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/25/2016 9:31:31 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 4:19:11 PM
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3/8/2016 16.D.9.
Conservation Collier Land Acquisition Program
Project Design Report
Date: January 29, 2016
Lane Park, PPL Offsite Preservation Donation
Conservation Collier:Winchester Head "
cota,co.,ny NGGE Unit 62&65
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Parcels owned by CSWCO
Property Owner: Currently Summit Church Inc. Proposed to be acquired from
Summit Church, Inc. and donated to Collier County (Conservation Collier)by Radio Rd,
LLC for Lane Park PPL(PL20130001482)
Folio: 39960160006
Location: GOLDEN GATE EST UNIT 65 W 75FT OF E 150FT OF TR 83
Size: 1.14 acres
Collier County Appraiser Value: $7,114
History of Project:
Selected for the "A" category, AAL most recently Donation CCLAAC review
#1 priority, on the Active approved by BCC Application
Acquisition List (AAL) by Received
CCLAAC
12/15/04 1/25/11 6-19-15 12/13/10*
*It was determined that properties within NGGE Unit 53/Red Maple Swamp and Winchester
Head, which are both approved donation areas in the LDC, do not need to be brought back to
1
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CCLAAC for additional recommendation. The date noted is when CCLAAC last recommended
the multi-parcel project for approval.
Purpose of Project: Environmental Conservation—Conservation Collier Program
Program Qualifications:
The Winchester Head multi-parcel project, which includes the proposed Radio Rd, LLC's
1.14-acre donation parcel, is referenced within the Land Development Code (LDC)
Section 3.05.07, H.1.f. iii. a. as an appropriate offsite location for land donations to
satisfy developer preservation commitments. Winchester Head is an undeveloped
depressional cypress head and marsh wetland located in NGGE in Units 62 and 65.
Using aerial photographs, elevation data, soil maps and public input, a total of 115
parcels (158.67 acres) were identified as being important for acquisition. Selected
parcels include wetlands and small areas of upland buffers on parcels which are more
than half wetland. This parcel is at the southeastern edge of the project area and would
function partly as an upland buffer. The entire site is within North Golden Gate Estates,
identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as
a Target Protection Area.
One important reason for the selection of Winchester Head as a conservation target is that
this area functions to provide floodplain storage for surrounding home sites during high
rainy season. These types of depressional storage areas were included in the water
management models for the Golden Gate canal system done by the Big Cypress Basin,
South Florida Water Management District and are a component of flood control for the
area. Winchester Head has also been targeted for future watershed improvement projects
(North Golden Gate Flowway Restoration Project, TDR Program, and Mitigation
Program) in the County's Watershed Management Plan. At this time, Conservation
Collier owns 78.53 acres out of a total of 158.67 acres, or 49% of the project area.
Additional program criteria that would be satisfied by this donation include protection of
surface and ground water resources, protection of wetland dependent species habitat, and
good potential for restoration. This parcel contains an intact native vegetation
community: Mixed Wetland Forest. A paved public road (39t1' Ave NE) provides access
to the parcel and allows the property to be readily viewed. Native wetland hardwoods,
cypress and seasonally changing marsh on this parcel enhance the aesthetic setting of
Collier County.
Projected Management Activities:
Active management of the entire project area is not feasible until a significant contiguous
area can be acquired. While Winchester Head as a whole is relatively free of exotic
plants, this parcel contained approximately 25% exotic cover. It was treated for exotics
and found to be acceptable for donation by Conservation Collier staff on October 1, 2015.
Ongoing control will be done annually or as needed. The proposed management
endowment of $19,608 is expected to cover exotic maintenance for approximately 31
years. After that time, exotic maintenance should be minimal and will be included in the
management budget for the overall Winchester Head project. While most of the project
area for Winchester Head is wetlands, and trails are not feasible, this parcel is along the
2
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buffer edge of the project and could contain a seasonal trail. A raised boardwalk would be
the best public access opportunity, however, this will not be considered until sometime
well into the future of the project when more parcels are acquired. Nature photography
and bird watching from roadways are two activities that can occur at present. After
consideration of risks and liability, it may be possible to allow school children to visit
specific parcels as part of an educational program about wetlands. Currently, the two
roads (37th and 39t Streets NE) provide paved access to the project area but the only
parking is the road right-of-way. At present, a visitor parking area is not available but
could be constructed in the future as an appropriate parcel is currently proposed for
donation to Conservation Collier and working its way to approval. An educational
kiosk can be placed along one of the roads through the project containing information on
wetlands and on the preservation of the area. Signs can be placed at boundaries along
37th and 39th St. NE. Minimal management activities, like trash removal can be
accomplished using both contracted and volunteer labor.
3
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CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39960160006
LANE PARK PPL
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between RADIO RD, LLC, a Florida limited liability company,
(hereinafter referred to as "Contract Purchaser"), whose mailing address is 1100 5th Ave
South, Suite 201, Naples, FL 34102, and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112, (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, that certain parcel of real property (hereinafter referred to as "Property"),
located in Collier County, State of Florida, and being more particularly described in Exhibit "A"
(said hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement is not yet owned by Contract Purchaser but is to be acquired;
WHEREAS, once the Property is acquired it will be donated to Collier County to satisfy
the offsite preservation requirement for PL20130001482, Lane Park PPL, as required by the
2010 Land Development Code amendment (Section 3.05.07 H.1.f.iii (a) and (b));
WHEREAS, Contract Purchaser recognizes the benefit to Contract Purchaser and
desires to convey the Property to the County for the stated purposes, on the terms and
conditions set forth herein, said terms including that no compensation shall be due and
payable for the Property requested by County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Contract Purchaser shall convey the Property via a Warranty Deed to County at no
cost to the County, unless otherwise stated herein.
2. Prior to Closing, Contract Purchaser shall obtain from the holders of any liens,
exceptions and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Contract Purchaser shall provide
such instruments, properly executed, to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
unless extended by mutual written agreement of the parties hereto. The Manager of Real Al*
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Property Management or designee is authorized to enter into such mutual written agreements
on behalf of the County for extensions of up to an additional sixty (60) days without further
approval by the Board of County Commissioners,
4. Contract Purchaser is aware and understands that this Agreement is subject to the
acceptance and approval by the Board of County Commissioners of Collier County, Florida.
The purpose of the Agreement is to satisfy the offsite preservation requirement for
PL20130001482, Lane Park PPL, as required by the 2010 Land Development Code
amendment (Section 3.05.07, H.1.f.i. (a) and (b).
5. Contract Purchaser represents that the Property and all uses of the Property have
been and presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred on the
Property except as specifically disclosed to the County; that the Contract Purchaser has no
knowledge of any spill or environmental law violation on any property contiguous to or in the
vicinity of the Property to be conveyed to the County, that the Contract Purchaser has not
received notice and otherwise has no knowledge of a) any spill on the Property, b) any
existing or threatened environmental lien against the Property or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Property. This provision shall survive Closing and is not deemed satisfied
by conveyance of title.
6. Contract Purchaser shall indemnify, defend, save and hold harmless the County
against and from, and to reimburse the County with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal and
attorney fees and expenses whether in court, out of court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the County by
reason or arising out of the breach of Contract Purchaser's representation under Section 5.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. The cost of a title commitment and title policy shall be paid by Contract Purchaser.
Contract Purchaser shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
Contract Purchaser shall be responsible for paying any costs and/or fees associated with the
securing and recording any Releases of mortgage(s) recorded against the Property from any
mortgagee(s). All other costs associated with this transaction including but not limited to
transfer, documentary and intangible taxes shall be borne and paid by Contract Purchaser.
8. Prior to Closing, Contract Purchaser shall remove or cause to be removed from the
Property, at Contract Purchaser's sole cost and expense, any and all exotic vegetation on the
Property deemed necessary to be removed by County.
9. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, personal representatives,
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successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
10. Conveyance of the Property by Contract Purchaser is contingent upon no other
provisions, conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
11. If the Contract Purchaser holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for others,
Contract Purchaser shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial interest in
the Property before the Property held in such capacity is conveyed to County, its successors
and assigns. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale
to the general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Contract Purchaser has caused these presents to be
executed the date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk Chairman Donna Fiala, Commissioner District One
Approved as to form and legality:
055
Jennifer A. Belpedio, Assistant County Attorney ss.‘ti
le
3
13)
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AS TO CONTRACT PURCHASER:
WITNESSES: RADIO RD, LLC, a Florida limited
liability company
Witness#1 (Signature)
Witness#1 (Print Name)
Andrew J. Saluan, as Manager
Witness#2 (Signature)
Witness#2(Print Name)
4
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...........
"A"EXHIBIT
LEGAL DESCRIPTION:
THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 83, GOLDEN GATE
ESTATES, UNIT NO. 65, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
TAX IDENTIFICATION NUMBER: 39960160006
42)
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