Agenda 04/26/2016 Item #16A10 4/26/2016 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$219,726.28 for payment of $126.28 in the code enforcement action entitled Board of County
Commissioners v. PNC Bank, N.A.,Code Enforcement Board Case No. CESD20130010194 relating
to property located at 3245 37th Avenue NE, Collier County,Florida,that will result in the donation
of the property to Collier County for the benefit of Conservation Collier.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of$219,726.28, for payment of$126.28 in relation
to the Code Enforcement Board Case No. CESD20130010194 and accepts a 1.14 acre parcel
donation for the Conservation Collier Program.
CONSIDERATIONS: As a result of a code violation at 3245 37th Avenue NE, consisting of an
area in the rear of the property excavated to depth greater than 3 feet below the existing grade
and cleared of vegetation, forming a pond, without first obtaining the required Collier County
permits, the Code Enforcement Board ordered the imposition of a lien against PNC Bank, N.A.,
in Case No. CESD20130010194. The lien was recorded in the Official Records on May 21,
2014, at O.R. Book 5039, Page 2452, and it encumbers all real and personal property owned by
PNC Bank, N.A. The lien amount of $219,726.28 is based on a total of 732 days of accrued
fines (at $300 per day from March 30, 2014 through the calculated date of March 30, 2016) plus
$126.28 in operational costs. The property is not in compliance; however, PNC Bank, N.A., is
proposing to donate this property to Collier County Conservation Collier, see attached Donation
Agreement. As described on the attached settlement agreement, the Florida Department of
Environmental Protection agrees to release any claims and fines against PNC and the County for
existing violations of the Florida Department of Environmental Protection Laws and/or rules and
further agrees that the County can use the property for any purpose in perpetuity.
At its public meeting on October 12, 2015, the Conservation Collier Land Acquisition Advisory
Committee (CCLAAC) reviewed the proposed donation and conceptually recommended
acceptance of this parcel under condition of removal of the abandoned residential structure.
Staff additionally added capping of the well and septic systems and removal of debris, including
but not limited to a boat. PNC has agreed to these conditions. The donation proposal does not
include a management endowment. Once the structure is removed, the parcel can be mowed to
maintain it. The well and septic are proposed to be capped so that they could potentially be used
in the future for a parking area and rest room. In the Land Development Code, Section 2.01.0(9),
Conservation Collier is defined as an Essential Service, with the ability to develop in any zoning
district a twenty (20) space parking lot, a trailhead and trails, a open hundred (100) square-foot
educational kiosk, and public restroom facilities not to exceed five hundred (500) square feet.
The attached Project Design Report includes an aerial map showing location of the property.
FISCAL IMPACT: Payment of $126.28 will be made, upon approval of this Executive
Summary,representing $219,600 in fines and $126.28 in operational costs. If approved by the
[15-CED-01088/1229459/1]
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4/26/2016 16.A.10.
Board, accrued fines in the amount of$219,600 would be waived. There is no cost to the County
associated with acceptance of this property. The Collier County Property Appraiser values this
parcel at $11,856, with an improved value of $138,681. While no management endowment is
offered, the parcel is mostly cleared and can be mowed for a cost of approximately $100/month.
Conservation Collier has funds available for this purpose. Potential future costs will be
incorporated into the Conservation Collier Long Term Financial Management Plan.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
conforms to the Board's policy contained in Resolution 2012-46. KLN
RECOMMENDATION:
1. To waive the fines in the amount of$219,600, accept payment in the amount of$126.28
and the donation of property. Approve the Settlement Agreement, release the lien, and
authorize the Chairman to sign the attached release and satisfaction of lien for recording
in the Official Public Records;
2. To approve and accept a Donation Agreement and Special Warranty Deed from PNC
Bank, N.A, authorize the Chairman to execute the Donation Agreement 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 and;
3. To direct 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: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation
Division, Conservation Collier Program
Attachments:
1)Release and Satisfaction of Lien
2) Lien Order
3) Settlement Agreement
4) Donation Agreement
5)Project Design Report
[15-CED-01088/1229459/1]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$219,726.28 for payment of$126.28 in the code enforcement action
entitled Board of County Commissioners v. PNC Bank, N.A., Code Enforcement Board Case No.
CESD20130010194 relating to property located at 3245 37th Avenue NE, Collier County, Florida,
that will result in the donation of the property to Collier County for the benefit of Conservation
Collier.
Meeting Date: 4/26/2016
Prepared By
Name: BuchillonHelen
Title: VALUE MISSING
3/15/2016 11:58:02 AM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 3/15/2016 5:22:36 PM
Name: PeeplesPerry
Title: Property Acquisition Specialist,Facilities Management
Date: 3/16/2016 10:09:50 AM
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/16/2016 12:28:16 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 3/22/2016 2:58:16 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 3/22/2016 2:59:06 PM
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4/26/2016 16.A.1O.
Name: SuleckiAlexandra
Title: Environmental Specialist,Principal,Conservation Collier
Date: 3/29/2016 8:50:41 AM
Name:NoellKevin
Title: Assistant County Attorney,CAO General Services
Date: 3/29/2016 9:49:09 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/30/2016 3:51:34 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/4/2016 3:51:02 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 4/7/2016 2:38:30 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date:4/14/2016 10:45:54 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date:4/15/2016 3:58:02 PM
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4/26/2016 16.A.10.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
PNC Bank, N.A., Successor by Merger
Respondent
The lien was recorded on May 21, 2014, in Official Records Book 5039, Page 2452, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of seven
thousand nine hundred twenty-six dollars and twenty-eight cents ($7,926.28), plus accrued
interest and penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20130010194
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4/26/2016 16.A.10.
INSIR 4985046 OR 5039 PG 2452 RECORDED 5/21/2014 8:35 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20130010194
vs.
PNC BANK,N.A.,SUCCESSOR BY MERGER,
Respondent,
}
-' 0 0
r r 1..
THIS CAUSE came on for public•- • ,• upon the e•+. 's Motion for Imposition
Fines/Liens on Apri124,2014, the ? ... ^"-° 1 ®; - i to all appropriate matters
thereupon issues its Findings of F• t:.d.••,,, as
r',1 .k .r
L. On February 27,2014 .• •• was found to iof'ro1lier County Code of Laws and
Ordinances,Chapter 22,Article 1 -`• 22-108,which vie i' .'c•' real property located at 3245 37x'
Avenue N.E.,Naples,Florida 3412x,.�.,', 9951760004,more�:.,
' ', b as the East 75 feet of the
East 150 feet of Tract 19,Unit 65,G s r TE ESTATES,:...-•-,,,,. ••the plat thereof;as recorded in Plat
Book 5,Page 88,of the Public Records o x a..1< ,,, , \,) •f
2. An Order was entered on M a ',, ;4.: s .•• • in the Public Records of Corner
County,Florida at OR 5018,PG 3625,et.seq.on r: «, , za'4,
3. An Affidavit of Non-Compliance was filed with the Board by the Code Enforcement Official on April
3,2014,which Affidavit certified under oath that the required corrective action has not been taken as ordered.
4. The violation has not been abated as of the date of the hearing.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,Florida
Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED:
1. Petitioner's Motion for Imposition of Fines/Liens is granted.
2. Daily fines of$300.00 per day are assessed against the Respondent for 26 days for the period faun
March 30,2014 to April 24,2014 for a total amount of fines of$7,800.00.
3. The previously assessed operational costs of$63.44 have not been paid. The operational costs are
$62.84 for this hearing.
4. Respondent is ordered to pay fines and costs in the total amount of$7,92628 or be subject to Notice
of Assessment of Lien against all properties owned by Respondent in Collier County,Florida
NM 11111M1111111000 .—Packet Page -519
4/26/2016 16.A.10.
*** OR 5039 PG 2453 ***
DONE AND ORDERED this
day of 2014 at Collier County,Florida'
CODE tt.' "- ' t 1 BOARD
CO IER CO, yr 'FLAT ID
-r ,ir -4 is
ems' '
ae1 ,Orth '∎,010 'NT
Florida 34 '
STATE OF FLORIDA ))SS:
COUNTY OF COLLIER)
before me this�day of who 20e foregoing yRb it Kaufman,instrument was it of the e�Enforcement Board of Collier Coca Flor da is
2014, personally nown or who '1"' a-.,;' Driver's License F , . RpREN G BAILEY
i Y:a "�'i MY COMMISSION IS EE675121
// ,arItt
ffg�`"�I 8,Y�E \ I 1;16-�– \ ?,<,>6. ` EXPIRES Febiue1Y 14.2017
id be paid et the Collier Cotmty
:“.C....,., ∎'�' 4 t fax#id at he Collier Any
a• e Enforcement t, 800et fi' ,.'+A ��:��on df the f(239t252 of this Order
Colo Enforce , . " F i1' _f
.�,
release of lien or confirmation 1 y;I
may also be obtained at this 1 ; , �,
of w r to• � it Court within thirty(30)days
to Hats
review ,,• ..:I a final order , but shall be limited appellate
App Any aggrieved Order , shall not be , , a
of the of record of the ated ' Ong• It is the of the appealu►8 '�obtain
created within , will not automatically the
transcribed record of the hearing front' 1 b> Fi },•
Board's Order. NE C.�.
CERTIFICATE OF SERVICE U.S.Mail PNC,
I HEREBY CERTIFY that a true and correct copy of this ORDER has been seat by U.S.Mail
N.A.,Successor by Merger National City Real Estate Service,�,S�ssorby Merger
Co.,d/b/a Aocubanc Mortgage,3232 Newmark Drive,
Citimortgsge Inc.,FICA National City ` 4 2014.
Miamisburg,OH 45342 this_� day of
to. f ., Rawson.Esq.
Florida Bar No.750311
681 Goodlette Road N.,Ste.210
Naples,Florida 34012
(239)263-8206
Ald t u■r,o. d
County of COWER
1 HEREBY CERTIFY THAT this is a true and
eorrec;-oCy o'a document on fife in
8o rd.P.'�''`,•it�"'"ui.eccrds o'.Collier County
Ly>4:S n}y h c d^'er d otficiz rai this
tEHT E 05C,CLERK OF COURTS
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4/26/2016 16.A.10.
INSTR 4958309
E. BROCK, CLERK OFGTHEZCIRCUITRCOURT, COLLIER 3
IERCOUNTY FLORIDA
DWIGHT
REC $27.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20130010194
vs.
PNC BANK,N.A.,SUCCESSOR BY MERGER,
Respondent,
FIN DIN "ua;r.:i s+.`"+ U ONS
• yt . '1' `l eS1,° r,� Et ARD
THIS CAUSE came on for public it . 6, ore the Board on Fe. ' 1 014,and the Board,having heard
testimony under oath,received evicince d heard respective to all ; 'pri matters,thereupon issues its
Conclusions of w, d.t,a._ of i fella .
Findings of Fact, �+
1. That PNC BANK,N A t►s t14 j t
, t li rt fie it and by posting and the Code
2. That the Respondent w� t a �•t a'fi a 8 y �{� Y Po g
Enforcement Board has jurisd►ct► kth► atter. c,1
3. The Respondent,having ei0dtily notified,did not a 1 .ay t`e/ t ►fic hearing.
4. That the real property locatetrat`\ ,2``Avenue NE. tjjlbs„Plorida 34120,Folio 39951760004,more
particularly described as the East 75 feet bf, { Trh CA;"*Unit 65,GOLDEN GATE ESTATES,
according to the plat thereof,as recorded in Phi-•:, ,t -, of the Public Records of Collier County,Florida
is in violation of Collier County Code of Laws and S'.mantes,Chapter 22,Article IV,Section 22-108 in the
following particulars:
Area in rear of property has been excavated to a depth greater than 3 feet below the existing grade and
cleared of vegetation,forming a pond,without a required excavation permit.
5. The violation has not been abated as of the date of the public hearing.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and based on the authority granted in
Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED:
1. That the Respondent is in violation of Collier County Code of Laws and Ordinances,Chapter 22,
Article IV,Section 22-108.
2. Respondent must abate the violation by obtaining an After-the Fact Excavation Permit and passing all
required inspections and Certificate of Completion or by restoring the area to its previous grade and condition
before any excavation occurred,including restoration of native vegetation within 30 days(March 29,2014)or a
fine of$300.00 per day will be imposed for each day the violation remains thereafter.
\__.—_—____ ..... ___ ,_ _. _..... — Packet Page -521-_, _ __ .
4/26/2016 16.A.10.
OR 5018 PG 3626
Code Enforcement Department
ndent fails to comply with this Order,the Collier County the County may
3• lithe tlon using an method to bring he violation into compliance. If neces BrY, for ay a may
may abate the violation C .any purpose of accessing property
request he services of the Collier County Sheriff's he Pm ce�yfar the�� prosecution of this
All costs of abatement ohad be assessed against a all operational costs incurred in the p
4. The Respondent is ordered to pay(March 24,2014).
Cast in the amount of dent shall l within 30 days(M Trance.
5. Respondent shall notify the Code Enforcement� onf�i�mp within 24 hours of abatement or
compliance so that ii final inspection may be performed 2014 at Collier County,Florida.
DONE AND ORDERED this t day of.1h_,a�
.: ENFOR .MENT BOARD
COLLIER CO ' TY,FL • if.
W i j�4i'au
R,
k $ ,, 4.[, . Drive
/,..-..,----
v r- �ap t.' , 7 04
STATE OF FLORIDA ) u.�' \
)SS: 7 /.- ____,
COUNTY OF COLLIER) '' , ,
instrument was a nowi `,-Wet} ' _ ,.s minty,Florida,who is
20,Ding Chattier ∎' `t e t.,. .•t* \ s ive`, teense ri identification.
Robert Kaufman, t ■ t, t
personally known tome r-,'i ., t,'l' KAREN 0 BAILEY
' 4�t,74- a e.
s, • J. 1 KW' MY COMMISSIONftEE875121
1=j�`\ NOT•R'Y pUBC.I r'^ i ,_ .;. 14,2017
'4f•-".My commission explre�°/ EXPIRES Fetuuary
0 , � pad
'� OW , spa a ter a'".
fines ordered.
Code ENT OF FINES: Any 2800 North '*, y i' FL 34104, the obligations(239)
52 23 3. Any
Coda enf lien or confirmation at nt,of compliance
release of bta his locaton or can.trtsta ten of the satisfaction o
may also b
(late
aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days
of Ap+exe Any ofthi e y appealed. An appeal shall not be a hearing de novu,but shalbe limited to appellate
a
re the execution re orthe Order within he Appeal o not automatically party y to the
review of the record of the hearing from the Clerk of Courts.rFii ng an App thtw will the appealing P original hearing. It
transcribed record of
Board's Order.
State of Florida
County of COWER
I-HEREBY CERTIFY THAT this is a true and
copy of a document on file in
n f '`
���., •t6oard�fri�es and Records of Collier County
-. . -w1T i tf SrS'. iy hand and°T ideal seal this
• aa;of.1� -a`�
e i o , 1,
X3 OCK.CLERK OF COURTS
C:417j1A-‘.'
,SGT 1=.; t...----�`"
t� r ..
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4/26/2016 16.A.10.
*** OR 5018 PG 3627 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to PNC,
N.A.,Successor by Merger to National City Real Estate b a Service,LL M Successor
, by Newmark DriveNational
Citimortgage Inc.,FKA National City Mo�gBage Co.,
Miamisburg,OH 45342 this i t day of IWAf�C. .2014.
M.J Rawson,Esq.
Florida Bar No.750311
Attorney for the Code Enforcement Board
681 Goodlette Road N.,Ste.210
Naples,Florida 34102
(239)263-8206
X'
/
"1/4171
{
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4/26/2016 16.A.10.
SETTLEMENT AND RELEASE AGREEMENT REGARDING
3245 37TH AVENUE NE, NAPLES, FLORIDA 34120
THIS SETTLEMENT AGREEMENT(hereinafter"Agreement") is made and entered into
by and between PNC BANK, NATIONAL ASSOCIATION (hereinafter "PNC"), COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter,
"County"), and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(hereinafter. "Department"). (PNC, County, and Department to be referred to collectively as "the
Parties").
WHEREAS, PNC acquired title to and owns the following property: the east 75 feet of the
east 150 feet of tract 19, unit 65, golden gate estates, according to the plat thereof, as recorded in
Plat Book 5. Page 88, Public Records of Collier County. Florida (AKA 3245 37th Avenue NE,
Naples, FL 34120) (hereinafter, "the Property").
WHEREAS, the County has declared that PNC, as owner of the Property, owes to the
County certain fines for existing violations of the County's Code of Laws and Ordinances,totaling
$192,500.00 as of December 31, 2015 with a fine of $300 accruing daily until the matter is
resolved.
WHEREAS, clearing of vegetation and/or dredging and/or filling of wetlands in violation
of Florida law and/or Florida Administrative Code Rules was conducted on the Property by others
unrelated to PNC and prior to PNC acquiring title to the Property.
WHEREAS, as a result of the aforementioned conditions on the property, a dispute has
arisen between the parties regarding the Property's violation of Collier County Code of Laws and
Ordinances and possible violations of the Florida Department of Environmental Protections Laws
and/or Rules for the aforementioned activity, (hereinafter, "the Dispute")
WHEREAS, the parties agree as follows:
0
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4/26/2016 16.A.10.
1. No Admission. This Agreement,and compliance with this Agreement, shall not be
construed as an admission by PNC of any liability whatsoever.
2. Settlement Property. Subject to the terms hereof: PNC agrees to donate the
Property to the County,conditional on the Board of County Commissioners,Collier
County, Florida(hereinafter, "Board"),approving the donation of the Property and
PNC accepting any condition(s) for the donation, including but not limited to, the
Condition Precedent referenced in Paragraph 11 below. PNC shall convey the
property by Special Warranty Deed to the County, within sixty (60) days of the
Board approving the donation of the Property and PNC accepting and satisfying
any and all condition(s) for the donation as set forth by the Board. The deed of the
Property by PNC will be in full and final settlement of the Dispute.
3. Complete Resolution. The County and PNC agree that the Settlement Property
plus the Condition Precedent referenced in Paragraph 11 below,represents the total
amount the County requires to satisfy all the amounts that it claims are due and
payable by PNC to the County upon its acquisition of the Property. The County
agrees to release and/or extinguish any claims and fines against PNC for the
Property's violations of Collier County Code of Laws and Ordinances in exchange
for the donation of the Property to the County. The Department agrees to release
any claims and fines against PNC and Collier County for the Property's existing
condition and/or violations of Florida law and/or Florida Administrative Code
Rules. Notwithstanding the Department's release for existing violations, Collier
County agrees to obtain any required Department permits as applicable for any
additional future proposed dredging and/or filling of wetlands on the Property.
Department agrees that the existing condition and/or violations do not need to be
abated, corrected or remediated at any time whatsoever, for any reason whatsoever,
in the future. Department agrees that the existing condition and/or violations and/or
the failure or refusal to abate, correct or remediate the existing condition and/or
violations will not be cause for rejection or a denial of any future permits.
Department hereby waives any right or action to pursue any action for the
abatement, correction or remediation of the existing condition and/or violations.
4. Release.
Packet Page -525-
016 16.A.10.
a. The County for itself and its successors and assigns hereby irrevocably and
unconditionally REMISES. RELEASES, ACQUITS, SATISFIES, WAIVES
AND FOREVER DISCHARGES PNC, any nubnidiory, parent company or
affiliate of PNC, successors or assigns of any of the foregoing and the
respective agents, trustees, officcrs, directnca_ shareholders, adococys,
employees, independent contractors and representatives of any of the foregoing
(collectively, the "PNC Released Parties") from all the County Claims with
respect to the now exi i County Code violations and does hereby covenant
not to sue any of the PNC Released Parties based upon any of the now existing
County Code violations and/or any violations which may occur subsequent to
the execution of this agreement and the transfer of the deed as referenced in
Paragraph 2 above.
b. The Department for itself and its successors and assigns hereby irrevocably and
unconditionally REMISES, RELEASES, ACQUITS. SATISFIES, WAIVES
AND FOREVER DISCHARGES PNC, any Subuidimry, parent company or
affiliate of PNC.,any predecessors.successors or assigns of any of the foregoing
and the respective agents. trustees. officers, directors. shareholders, attorneys.
employees, independent contractors and representatives of any of the foregoing
(collectively, the -PNC Released Parties") from all the I)epartment Claims (as
hereinafter defined) and does hereby covenant not to sue any of the PNC
Released Parties based upon any of the Department Claims. For purposes
hereof, the term -Department Claims- shall mean any and all u}uiroo,
counterclaims, demands, m±ionu^ causes of actions, auitu, debts, costs, dues,
sums of money, uccounta, boodu, bi}la, spcciahics, covenants, contracts,
controversies, agnrcnocuts, promises. variances, trespasses. damages.
'udgmonM, exeuu\inns, expenses and liabilities p/hatsocrer, known or
unknown, at law or in equity, irrespective of whether such claims arise out of
contract, tort, violation of laws or regulations or otherwise, which the
Department ever had, now has or hereafter can, shall or may have against the
PNC Released I'arties or any of them for, upon. or by reason of any rnaknr,
cause or thing whatsoever from the beginning of the world to and including the
CD
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4/26/2016 16.A.10.
Execution Date. with respect to the Dispute or the Property. Without limiting
the generality of the foregoing, the term "Department Claims" shall include,
without limitation, any loss, liability, expense and/or detriment, or any kind or
character, in any way arising out of, connected with, or resulting from the acts
or omissions of the PNC Released Parties or any of them, including, without
limitation, causes of action or defenses based on, or arising out of,the Dispute
and/or the Property, the negligence of PNC or PNC's predecessors in interest,
undue influence, duress, economic coercion, conflict of interest, negligence,
bad faith, malpractice. or any claim for wrongfully taking any action in
connection with the Dispute and/or the Property.
5. Entire Agreement.The Parties hereto represent and acknowledge that in executing
this Agreement they do not rely and have not relied on any representation or
statement made by the party or by any of the parties' agents, representatives, or
attorneys with regard to the subject matter, basis, or effect of this Agreement or
otherwise other than those specifically stated in this written Agreement.
6. Breach of Agreement. Any breach of any term, provision, or obligation of this
Agreement by either Party. shall entitle the other Party to seek enforcement of such
term, provision or obligation,or at the non-breaching party's option.allow the non-
breaching party to terminate this Agreement.
7. Attorney's Fees. "Fhe Parties agree they are to bear their own attorney's fees and
costs.
8. Execution. The Parties to this Agreement may execute their signatures in
counterpart, each document of which may be considered as an original when
executed.
9. Waiver of Jury Trial. The Parties do hereby intentionally, knowingly,
voluntarily, unconditionally and irrevocably waive the right to which it may
have to a trial by jury in respect to any litigation based hereon, arising out of,
under or in connection with this Agreement(including,without limitation,any
action to rescind or cancel the release contained in this Agreement or any
claims or defenses asserting such release was fraudulently induced or is
otherwise void or voidable). The foregoing waiver by the undersigned is a
Ois9
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material inducement for the Parties to enter into and accept this Agreement.
The Parties hereby state that they have carefully read this Agreement,
acknowledges the release and waiver of jury trial contained herein,knows the
contents thereof and grants the same as its own free act and deed.
10. Authority. Each Party has the full right. legal capacity, power and authority to
enter into this Agreement, and has obtained all necessary consents and resolutions
required under the documents governing such Party's affairs in order to
consummate this transaction. The persons executing this Agreement have been
duly authorized to do so and this Agreement is a binding obligation of each Party,
enforceable in accordance with its terms.
11. Condition Precedent: This agreement is effective only upon all conditions
mandated by the Board of County Commissioners being met by PNC to
include, but not limited to: PNC paying for any and all costs associated with
the transfer of ownership to Collier County, PNC paying S 126.28 to Collier
County for the County's operational costs, PNC obtaining a demolition
permit, demolishing and/or removing all existing structures on the subject
property,and capping the well and sewer system on the property. In addition
to removing all items as directed by County staff on the subject property to
include, but not limited to, an abandoned boat.
THE FOREGOING TERMS AND PROMISES ARE AGREED TO BY:
PNC BANK. NATIONAL ASSOCIATION
Print Name: C r1C ( 1i1 er
Title: Y\Cel Cp,er
Date: _
Q)0.
COLLIER COUNTY
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DATE:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
. Deputy Clerk . CHAIRMAN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
By: _ 7
Print Name: 'J' / 4"i 76 1 &
Title: :;),,,,ze e i z,-=.1- c,-- ),,,e,L,
Date: )---61,- -<„, -, ..,,. cc-3' 2 1 !
Approved as to form and legality:
Kevin Noell
Assistant County Attorney
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CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBERS:39951760004
PNC Bank-Winchester Head
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between PNC BANK, NATIONAL ASSOCIATION, (hereinafter
referred to as "Owner"), whose mailing address is 1 PNC Plaza, 249 5th Avenue, Pittsburg,
PA 15222, 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"), collectively known as "the Parties".
WITNESSETH:
WHEREAS, Owner is the owner of 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", attached hereto and made a part hereof by reference;
and
WHEREAS, Owner and County are entering into a Settlement and Release Agreement
of even date herewith, attached hereto as Exhibit "B", resolving County Code Enforcement
Liens recorded against the Property; and
WHEREAS, Owner recognizes the benefit to Owner 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.
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. Owner shall convey the Property via a Special Warranty Deed to County at no cost
to the County, unless otherwise stated herein.
2. Prior to Closing, Owner 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. Owner 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 and
Owner satisfies any and all condition(s) for the donation as set forth by the Board; unless
1
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extended by mutual written agreement of the parties hereto. The Manager of Real 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. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. With the exception of those violations that are the subject of a Settlement and
Release Agreement between the Owner and County, Owner 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
Owner 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 Owner
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. The cost of a title commitment and title policy shall be paid by Owner. Owner 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. Owner 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). Documentary and
intangible taxes shall be borne and paid by Owner.
7. Prior to Closing, Owner shall: (i) obtain all necessary demolition permits and approval,
(ii) demolish, remove and properly dispose of all structures existing on the Property, (iii)
locate, cap and place above ground markers indicating the location of all wells and septic
tanks located on the Property (iv) remove and properly dispose of all personal property
located on the Property, including the abandoned boat; (v) pay $126.28 to County for
operational costs related to a code enforcement case on the Property which has been
resolved by a settlement and release agreement entered into by the Parties.
8. 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,
successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
9. Conveyance of the Property by Owner 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
2
0
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understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner 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.)
11. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the Owner 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 Donna Fiala, Chairman
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney \\\c,i
21l'
3 0
IMIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIMIIIIIIIIIIIIIII Packet Page -532-
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AS TO OWNER:
WITNESSES: PNC BANK, NATIONAL ASSOCIATION
44 it 1,03J
Witn-Cj#1 (Signature)
IALIkep--
Witness#1 ( rint Name)
Print:Werx-Q,
Mc,t---lc( S-Ceer
Witness#2(Si ure) Its:
s
") I V\
Witness#2(Print ame)
4
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EXHIBIT A
THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 19, GOLDEN GATE
ESTATES, UNIT NO, 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
TAX IDENTIFICATION NUMBER: 39951760004
5
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EXHIBIT 3 .
Page_1 of
SETTLEMENT AND RELEASE AGREEMENT REGARDING
3245 37TH AVENUE NE, NAPLES,FLORIDA 34120
THIS SETTLEMENT AGREEMENT(hereinafter-Agreement-) is made and entered into
by and between PNC BANK, NATIONAL ASSOCIATION (hereinafter "PNC"), COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter,
-County-). and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(hereinafter. -Department-). (PNC. County, and Department to be referred to collectively as "the
Parties").
WHEREAS, PNC acquired title to and owns the following property: the east 75 feet of the
east 150 feet of tract 19, unit 65. golden gate estates, according to the plat thereof, as recorded in
Plat Book 5, Page 88. Public Records of Collier County, Florida (AKA 3245 37th Avenue NE,
Naples, Fl. 34120) (hereinafter, -the Property").
WHEREAS, the County has declared that PNC, as owner of the Property, owes to the
County certain tines for existing violations of the County's Code of Laws and Ordinances, totaling
$192,500.00 as of December 31, 2015 with a fine of $300 accruing daily until the matter is
resolved.
WHEREAS, clearing of vegetation and/or dredging andior filling of wetlands in violation
of Florida law and/or Florida Administrative Code Rules was conducted on the Property by others
unrelated to PNC and prior to PNC acquiring title to the Property.
WHEREAS, as a result of the aforementioned conditions on the property, a dispute has
arisen between the parties regarding the Property's violation of Collier County Code of Laws and
Ordinances and possible violations of the Florida Department of Environmental Protections Laws
and/or Rules for the aforementioned activity, (hereinafter, "the Dispute")
WHEREAS, the parties agree as follows:
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c�,���;��Y7�
�~��� �/��� � .
Page 7 of (.=,
}. No Admission This Agreement,and compliance with this Agreement, shall not be
construed as an admission by PNC of any liability whatsoever.
2
Settlement Property. Subject to the terms hereof: PNC agrees to donate the
Property to the County.conditional on the Board of County Commissioners, Collier
County, Florida(hereinafter, "Board"), approving the donation of the Property and
PNC accepting any condition(s) for the donation, including but not limited to, the
Condition Precedent referenced in Paragraph I below. PNC sba}l convey the
property by Special Warranty Deed to the County, within sixty (60) days of the
Board approving the donation of the Property and PN(. accepting and satisfying
any and alt condition(s) for the donation as set forth by the Board. The deed of the
Property by PNC will be in full and final settlement of the Dispute.
3. Complete Resolution. The County and PN(, agree that the Settlement Property
plus the Condition Precedent referenced in Paragraph I I below,represents the total
amount the County requires to satisfy all the amounts that it claims are due and
payable by PNC to the County upon its acquisition of the Property. The County
agrees to release and/or extinguish any claims and fines against PNC for the
Property's violations of Collier County Code of Laws and Ordinances in exchange
for the donation of the Property to the County. The Department agrees to release
any claims and fines against PNC and Collier County for the Property's existing
condition and/or violations of Florida law and/or Florida Administrative Code
Rules. Notwithstanding the Department's release for existing violations, Collier
County agrees to obtain any required Department permits as applicable for any
additional future proposed dredging and/or filling of wetlands on the Property.
Department agrees that the existing condition and/or violations do not need to be
abated, corrected or remediate at any time whatsoever, for any reason whatsoever.
in the future. Department ogcces1boltbecxiatingcoodldonuud/orvinlu1ioosuod/or
the failure or refusal to abate, correct or remediate the existing condition and/or
violations will not be cause for rejection or a denial of any future permits.
Department hereby waives any right or action to pursue any action for the
abatement, correction or remediation of the existi condition and/or violations.
4.
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�Pe Xge �|�,
Yolf t�
72)
a. The County for itself and its successors and assi irrevocably and
unconditionally REMISES. RELEASES, ACQUITS. SATISFIES, WAIVES
AND FOREVER DISCHARGES PNC, any subsidiary, parent company or
affiliate of PNC, successors or assigns of any of the foregoing and the
respective agents, tnuacex, officers, directors, shareholders, attorneys.
employees, independent contractors and re .rcscntutivcsofanynftheforcgoiug
(collectively, the ^-PNC Released Parties") from all the County Claims with
respect to the now existing County Code violations and does hereby covenant
not to sue any of the PNC Released Parties based upon any of the now existing
County Code violations and/or any viuio1iouswbiob may occur subsequent to
the execution of this agreement and the transfer of the deed as referenced in
Paragraph 2 above.
b. The Department for itself and its successors and assigns hereby irrevocably and
unconditionally REMISES, RELEASES, ACQUITS, SATISFIES, WAIVES
AND FOREVER DISCHARGES PNC, any subsidiary, parent company or
affiliate of PNC,any predecessors,successors or assigns of any of the foregoing
and the respective agents. trustees, officers, directors, shareholders, attorneys,
employees, independent contractors and representatives of any of the foregoing
(collectively, the PNC Released Parties") from all the Department Claims (as
hereinafter defined) and does hereby covenant not to sue any of the PNC
Released Parties based upon any of the Department Claims. For purposes
hereof, the term -Department C\aiouo" shall mean any and all claims,
counterclaims, demands, actions, causes of actions, suits, debts, costs, ducs,
sums of n000cy, acoouuts, bonds, bills, specialties, covenants, cootrootm,
controversies, agrccoucots, promises, variunoen, trespasses, damages,
judgments, executions, expenses and liabilities wha1xoevcr, known or
unknown, at law or in equity, irrespective of whether such claims arise out of
cnnbuct, tort, violation of laws or regulations or otherwise, which the
Department ever had, now has or hereafter can, shall or may have against the
PNC Released Parties or any of them for. Vpon, or by reason of any matter,
cause or thing whatsoever from the beginning of the world to and including the
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EXHIBIT
Page L. of .
Execution Date, with respect to the Dispute or the Property. Without limiting
the generality of the foregoing, the term "Department Claims" shall include,
without limitation, any loss, liability, expense and/or detriment, or any kind or
character, in any way arising out of, connected with, or resulting from the acts
or omissions of the PNC Released Parties or any of them, including, without
limitation, causes of action or defenses based on, or arising out of, the Dispute
and/or the Property, the negligence of PNC or PNC's predecessors in interest,
undue influence, duress, economic coercion, conflict of interest, negligence,
bad faith, malpractice, or any claim for wrongfully taking any action in
connection with the Dispute and/or the Property.
5. Entire Agreement. The Parties hereto represent and acknowledge that in executing
this Agreement they do not rely and have not relied on any representation or
statement made by the party or by any of the parties' agents. representatives, or
attorneys with regard to the subject matter. basis, or effect of this Agreement or
otherwise other than those specifically stated in this written Agreement.
6. Breach of Agreement. Any breach of'any teini, provision, or obligation of this
Agreement by either Party, shall entitle the other Party to seek enforcement of such
term, provision or obligation,or at the non-breaching party's option. allow the non-
breaching party to terminate this Agreement.
7. Attorney's Fees. The Parties agree they are to bear their own attorney's fees and
costs.
8. Execution. The Parties to this Agreement may execute their signatures in
counterpart. each document of which may be considered as an original when
executed.
9. Waiver of Jury Trial. The Parties do hereby intentionally, knowingly,
voluntarily, unconditionally and irrevocably waive the right to which it may
have to a trial by jury in respect to any litigation based hereon, arising out of,
under or in connection with this Agreement(including,without limitation,any
action to rescind or cancel the release contained in this Agreement or any
claims or defenses asserting such release was fraudulently induced or is
otherwise void or voidable). The foregoing waiver by the undersigned is a
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EXHIBIT 1
Page. of
material inducement for the Parties to enter into and accept this Agreement.
The Parties hereby state that they have carefully read this Agreement,
acknowledges the release and waiver of jury trial contained herein, knows the
contents thereof and grants the same as its own free act and deed.
10. Authority. Each Party has the full right, legal capacity, power and authority to
enter into this Agreement, and has obtained all necessary consents and resolutions
required under the documents governing such Party's affairs in order to
consummate this transaction. The persons executing this Agreement have been
duly authorized to do so and this Agreement is a binding obligation of each Party.
enforceable in accordance with its terms.
1 1. Condition Precedent: This agreement is effective only upon all conditions
mandated by the Board of County Commissioners being met by PNC to
include, but not limited to: PNC paying for any and all costs associated with
the transfer of ownership to Collier County, PNC paying $126.28 to Collier
County for the County's operational costs, PNC obtaining a demolition
permit, demolishing and/or removing all existing structures on the subject
property, and capping the well and sewer system on the property. In addition
to removing all items as directed by County staff on the subject property to
include, but not limited to, an abandoned boat.
THE FOREGOING TERMS AND PROMISES ARE AGREED TO BY:
PNC BANK, NATIONAL ASSOCIATION
By:�0A _
Print Name: erN O( Oer-
Title: t r\fAcsAc J e (WK-4 el-
f)ate: D)09 1 1
COLLIER COUNTY
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EXHIBIT i*)
Page (.' of
DATE:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: _ By:
Deputy Clerk . CHAIRMAN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
By: -- — 7
Print Name:Name: 41. 76 4-77-4-14-r-
,
„ /4.2.,e--e_rtc=.--
Date: A/L.7 8/
Approved as to form and legality:
Kevin Noell
Assistant County Attorney
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Conservation Collier Land Acquisition Program
Project Design Report
Date: February 23, 2016
PNC Bank,N.A.Donation
a CotUer County
-' :y Conservation Collier:Winchester Head I,L,
PNC Bank,N.A.Proposed Donation .-,.: , 7„ ,; .
3 1„a
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pF U'4 _ ..
1 n
', � x r '. b , r n t i "
n
1
GQ ' . . €.. ti;i
0 375 750 1.500 Pcet Lepead
1.,„
Aenal and 201 a map source:Colfier Gpunn-
ProperlyApAraiser
Conservation Collier ht ap ®po
G;Conservakmr Collier/Properties am.a
7016/Land Donations/
PNC Bank PNC Bank Parcel.AS
24-I fi PNC'6aek Proposed doealion
Property Owner: PNC Bank,N.A.
Folio: 39951760004
Location: GOLDEN GATE EST UNIT 65 E 75FT OF E 150FT OF TR 19
Size: 1.14 acres
Collier County Appraiser Value: Land Value: $11,856; Improved Value: $138,681
History of Project:
Winchester Head Project AAL most recently Donation CCLAAC review
selected for the "A" category, approved by BCC Application
#1 priority, on the Active Received
Acquisition List (AAL) by
CCLAAC
12/15/04 1/25/11 3/3/16 10-12-15
1
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Purpose of Project: Environmental Conservation/Public Access — Conservation Collier
Program
Program Qualifications:
The proposed PNC Bank, N.A. 1.14-acre donation parcel is located directly adjacent to
the Winchester Head multi-parcel project. 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 included wetlands and small areas of upland buffers on parcels which were more
than half wetland.
This parcel, which sits at the southwest corner of the project area, is also more than half
wetlands but was not included in the original project area because it was already
developed by the time Conservation Collier set up the multi-parcel project area (existing
home built in 2001). The entire Winchester Head multi-parcel project is within North
Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No.
2002-63, as amended) as a Target Protection Area. At this time, Conservation Collier
owns 78.53 acres out of a total of 158.67 acres, or 49% of the project area.
The parcel, currently owned by PNC Bank, N.A. (PNC), has Code Enforcement and
Florida Department of Environmental Protection (FDEP)violations that occurred prior to
a foreclosure, when PNC acquired the parcel. The original violations included digging a
pond greater than 3 feet below existing grade and clearing of vegetation without a permit.
PNC has negotiated for removal of both the Code Enforcement and FDEP violations by
donating the parcel to Conservation Collier, along with demolition and removal of the
structure, capping of the well and septic system, and removal of debris including but not
limited to a derelict boat.
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. In the case of this parcel, the
violation actually allows for more onsite water storage, which better serves Conservation
Collier's flood control goals. Additionally, the existing clearing will allow Conservation
Collier to develop a small parking area and potentially to place a boardwalk trailhead at
the location.
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 public access from this location. A paved public road (39th Ave NE)
provides access to the parcel and allows the property to be readily viewed.
2
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Projected Management Activities:
Active management of the entire Winchester head project area is not feasible until a
significant contiguous area can be acquired. Winchester Head as a whole is relatively
free of exotic plants, and this parcel has already been substantially cleared. A few exotics
are present, but can be removed fairly easily by staff. Ongoing exotic control will be
accomplished through routine mowing of the lot, which 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
edge of the project and could provide future public access to the project. 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 and funds can be identified.
Nature photography and bird watching from a parking area are two activities that could
be done from this lot in its donated condition. After consideration of risks and liability, it
may be possible to allow school children to visit specific reels as part of an educational
program about wetlands. Currently, the two roads (37t and 39th Streets NE) provide
paved access to the project area but the only parking is the road right-of-way. A small
parking area would be advantageous for visitation. An educational kiosk can be placed
on the property containing information on wetlands and on the preservation of the area.
Minimal management activities, like trash removal can be accomplished using both
contracted and volunteer labor.
3
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