Agenda 03/10/2015 Item #16D 8 3/10/2015 16.D.8.
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Mandalay Place, LLC to
donate a 1.14 acre parcel along with a management endowment of$3,544.45 to the Conservation
Collier Land Acquisition Program under the offsite vegetation retention provision of the Land
Development Code LDC Sec 3.05.07H.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 Agenda item 16A4.The companion item must be approved or this item
will be continued to another BCC meeting).
OBJECTIVE: Acceptance of a donation of a 1.14 acre parcel for the Conservation Collier Program,
with prohibited exotic vegetation having been removed, and including a management endowment of
$3,544.45.
CONSIDERATIONS: A 2010 Land Development Code amendment (Section 3.05.07, H.1.f. iii. 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. Parcels within
the Multi-parcel Conservation Collier project are specifically referenced within the LDC amendment as
appropriate for donation.
Mandalay Place, LLC is the owner of a 1.14 acre parcel and is planning to convey this parcel located
within the Winchester Head in North Golden Gate Estates, along with a management endowment, to the
Conservation Collier Program as offsite preservation for 0.91 acres on the Mandalay Place development
under the above referenced LDC provision. This parcel has been cleared of exotic vegetation by
Mandalay Place, LLC, inspected and found acceptable by Conservation Collier staff. Acceptance of this
parcel by Conservation Collier will serve to further the protection of environmentally sensitive lands
within Winchester Head. Winchester Head has been targeted for future watershed improvement projects
(North Golden Gate Flowway Restoration Project, TDR Program, Mitigation Program) in the County's
Watershed Management Plan(see Location Map in attached Project Design Report).
At their September 30, 2013, meeting, the CCLAAC reviewed the property under Initial Screening
Criteria set forth in the Conservation Collier Implementation Ordinance Resolution No. 2010-13 (Board's
Policy for Acceptance of Land Monetary Payment or Land Donation). The CCLAAC voted unanimously
to recommend Board approval and execution of a Donation Agreement. The developer subsequently
experienced delays, and was not ready to move forward until January 2015.
Upon 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.
FISCAL IMPACT: There is minimal fiscal impact to the County associated with acceptance of this
property. The Collier County Property Appraiser values this parcel at$5,100 per acre or a total of$5,814.
The $3,544A5 management endowment required by the LDC (25% of the cost to Conservation Collier of
similar lands) will be deposited into Fund 174-178987-366900 and is expected to cover maintenance
costs for approximately 7 years. Because of its environmental condition, its location within the
Winchester Head boundary and the proposed management endowment, this 1.14 acre donation is not
anticipated to increase the Winchester Head project perpetual operations and maintenance costs in the
near future. After endowment funds are depleted, cost to manage the property will be minimal. Potential
future costs will be incorporated into the Winchester Head Land Management Plan and the Conservation
Collier Long Term Financial Management Plan.
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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 Mandalay Place,
LLC.
2) Authorizes the Chairman to execute the Donation Agreement with Mandalay Place, LLC 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; and
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: Alexandra Sulecki, Principal Environmental Specialist,Parks and Recreation Department,
Conservation Collier Program
Attachments: Draft Donation Agreement
Project Design Report
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3/10/2015 16.D.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve a standard Donation Agreement that allows
Mandalay Place, LLC to donate a 1.14 acre parcel along with a management endowment of
$3,544.45 to the Conservation Collier Land Acquisition Program under the offsite vegetation
retention provision of the Land Development Code LDC Sec 3.05.07H.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. Companion to agenda item 16A4. The companion item must be
approved or this item will be continued to another BCC meeting.
Meeting Date: 3/10/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach&Water
2/19/2015 12:46:25 PM
Submitted by
Title: Environmental Specialist,Principal, Conservation Collier
Name: SuleckiAlexandra
2/19/2015 12:46:26 PM
Approved By
Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks &Recreation
Date: 2/20/2015 2:02:17 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Department
Date: 2/23/2015 11:32:42 AM
Name: MottToni
Title:Manager-Property Acquisition&Const M, Facilities Management
Date: 2/23/2015 12:37:32 PM
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3/10/2015 16.D.8.
Name: Washburnllonka
Title:Manager-Park Operations,Parks&Recreation
Date: 2/24/2015 11:36:26 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 2/25/2015 10:12:37 AM
Name: BetancurNatali
Title: Operations Analyst,Beach&Water
Date: 3/3/2015 9:44:07 AM
Name: CarnellSteve
Title: Department Head-Public Services, Public Services Department
Date: 3/3/2015 11:20:06 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 3/3/2015 3:07:45 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/3/2015 3:15:44 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 3/3/2015 3:27:22 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/3/2015 3:51:49 PM
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Conservation Collier Land Acquisition Program
Project Design Report
Date: March 10, 2015
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Conservation Copier
Property Owner: Originally- Thompson Trust, et al; currently Mandalay Place LLC
Folio(s): 39953560008
Location: GOLDEN GATE EST UNIT 65 W 75FT OF E 180FT OF TR 32
Size: 1.14 acres
Collier County Appraiser Value: $5,814
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History of Project:
Project Selected for the "A" AAL most recently Donation CCLAAC review
category, #1 priority, on the approved by BCC Application
Active Acquisition List Received
(AAL)by CCLAAC
12/15/04 1/25/11 7/19/13 9/30/14
Time Line Note: While this property was originally submitted for donation in mid 2013,
developer delays occurred and it was not until September 2014 that the development
project began to move forward again.
Purpose of Project: Environmental Conservation—Conservation Collier Program
Program Qualifications:
The Winchester Head multi-parcel project, which includes the Mandalay Place 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.
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, Mitigation Program) in
the County's Watershed Management Plan. At this time, Conservation Collier owns
76.25 acres out of a total of 158.67 acres, or 48% 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,
good potential for restoration and low estimated management costs. One listed plant
species was observed during inspection. Many parcels within this area appear to be nearly
free of invasive exotic plant life, indicating good ecological value. Additionally, a paved
public road (39th Ave NE) provides access to the parcel and allows the property to be
readily viewed. Native wetland hardwoods, slash pines, cypress and seasonally changing
marsh on this parcel enhance the aesthetic setting of Collier County.
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Projected Management Activities:
Active management of this project 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 15-20% exotic cover. It was treated by the donors in
December 2014 and January 2015 and found to be acceptable for donation by
Conservation Collier staff in February 2015. Control of exotics on this parcel,
consisting of herbicide applications, will be ongoing from this point. The donated
management endowment on $3,544.45, will cover exotic maintenance for approximately
7 years. After that time, exotic maintenance should be minimal and will be included in
the management budget for the overall Winchester Head project. Because of the
wetland nature of the site, trails are not recommended. 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. Currently, a visitor parking area is not necessary but
could be constructed in the future if a nearby upland lot were acquired. An educational
kiosk can be placed along one of the roads through the project. It could contain
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.
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CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39953560008
MANDALAY PLACE
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between MANDALAY PLACE, LLC, a foreign limited liability
company, by its undersigned Managing Member, (hereinafter referred to as "Owner"), whose
mailing address is 31500 W 10 Mile Road, Farmington Hills, MI 48336, 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, 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 as follows:
THE WEST SEVENTY-FIVE (75) FEET OF THE EAST ONE HUNDRED
EIGHTY (180) FEET OF TRACT 32 GOLDEN GATE ESTATES UNIT NO. 65,
ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 88
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY IDENTIFICATION NUMBER: 39953560008
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; 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. Owner shall convey the Property via a 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.
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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
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. The purpose
of the Agreement is to satisfy the offsite preservation requirement for PL20130001582,
Mandalay Place, as required by the 2010 land Development Code amendment (Section
3.05.07 H.1.f.i. (f) and (g).
5. Owner represents that, to the best of its knowledge without investigation, 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. Owner 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 Owner'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 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). All other costs
associated with this transaction including but not limited to transfer, documentary and
intangible taxes shall be borne and paid by Owner.
8. Prior to Closing, Owner shall remove or cause to be removed from the Property, at
Owner's sole cost and expense, any and all exotic vegetation on the Property deemed
necessary to be removed by County.
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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,
successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
10. 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
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 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.)
12. 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 TIM NANCE, Chairman
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney -`0 %'
\
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AS TO OWNER:
(Signature)
(Printed Name) MANDALAY PLACE, LLC, a foreign
limited liability company
(Signature)
BY:
(Printed Name) Michael Tobin, as Manager
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