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Agenda 06/23/2015 Item #11HProposed Agenda Changes Board of County Commissioners Meeting June 23, 2015 Move Item 16A16 to Item 9C: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Legacy Estates, (Application Number 20140001803) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Companion to Item 16135. (Commissioner Hiller's request) Move Item 17E to Item 913: Recommendation to approve an Amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69). (Commissioner Taylor's request) Move Item 16D15 to Item 11G: Recommendation to approve a temporary signage program during the 2015 summer break to place temporary YMCA /CAT signs on select CAT bus stop poles. (Commissioner Henning's request) Move Item 16D5 to Item 11H: This item to be heard immediately following Item 9C (16A16): Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT 1 LLC, a foreign limited liability company, to donate a 1.14 acre parcel along with a management endowment of $4,440.30 to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.l.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 Item 16A16. (Commissioner Hiller's request) Move Item 16F6 to Item 11I: Recommendation to award RFQ 15 -6433 Production of the Tourism Guide to Miles Media Group, LLLP and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism. (Commissioner Taylor's request) Move Item 16F12 to Item I IJ: Recommendation to approve the Second Amendment to the Agreement between Economic Incubators, Inc. and the Board of County Commissioners. (Commissioner Taylor's request) Add On Item 11K: Recommendation to provide guidance to the County Manager in response to the Clerk of Court's unilateral decision to withhold presentation of selected expenditures to the Board for determination of valid public purpose and payment authorization. (Staff's request) Time Certain Items: Item 9C (Moved from 16A16) to be heard at 4:00 a.m. Proposed Agenda Changes Board of County Commissioners Meeting June 23, 2015 Page 2 Note: Item 16A21 Recommendation to review the April 2015 beach survey results and endorse a staff recommendation to not renourish the Vanderbilt Pelican Bay, Park Shore or Naples beaches in the Fall (November) of 2015. Direct staff to obtain a permit modification to renourish the Clam Pass Park beaches after the 15 year beach renourishment permit is issued from Florida Department of Environmental Protection and the United States Army Corps of Engineers. (Commissioner Henning's request) Item 16A25 Recommendation to approve Amendment to the Collier Metropolitan Planning Organization (MPO) Staff Services Agreement The attestation signature on Page 2 of the Amendment to MPO Staff Services Agreement should read as follows: Interim Collier MPO Executive Director. (Commissioner Taylor's request) Item 16E5 Recommendation to waive competition for Wesco Turf as a sole source vendor to exceed $50.000 spending limit for Fleet Management parts /service • Fiscal Year expenditures will not exceed $100,000 without Board approval. (Staffs request) Item 16F6 Recommendation to award RFQ 15 -6433 Production of the Tourism Guide to Miles Media Group LLLP and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism • Advisory Board Recommendation has been added: The Tourist Development Council recommended approval (5 -1) of this item at the June 22, 2015 meeting. (Staffs request) 6/23/21115 8:56 AM 6/23/2015 16.D.5. EXECUTIVE SUMMARY Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT 1 LLC, a foreign limited liability company, to donate a 1.14 acre parcel along with a management endowment of $4,440.30 to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.I.Eiii. (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 Item 16A16. OBJECTIVE: To accept 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 $4,440.30. CONSIDERATIONS: A 2010 Land Development Code (LDC) amendment (Section 3.05.07 H.l.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. JD DEVELOPMENT 1 LLC, a foreign limited liability company, is presently under contract to purchase a 1.14 acre parcel and has advised staff it plans to convey this parcel located within the Red Maple Swamp Preserve in North Golden Gate Estates, along with a management endowment, to the Conservation Collier Program as offsite preservation for 0.75 acres on the Legacy Estates development (PL20140001803) under the above referenced LDC provision. JD DEVELOPMENT 1 LLC, a foreign limited liability company, has further informed staff that it expects to close by the deadline set forth in Paragraph 3of the Agreement, sixty (60) days from Board approval. The referenced Donation Agreement deadline provides that failing to timely close will result in the Agreement becoming null and void, and of no further force and effect. This parcel will be cleared of exotic vegetation prior to donation. The management endowment of $4,440.30 satisfies the LDC (Section 3.05.07 H.l.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 $15,508 per acre; therefore the endowment is calculated at $15,580 x 25 (acres) for a total endowment amount of $4,440.30. To benchmark the endowment formula, the South Florida Water Management District requires $500 per acre as endowment for donations. Acceptance of this parcel by Conservation Collier will serve to further the protection of environmentally sensitive lands within Red Maple Swamp Preserve. The CCLAAC previously recommended acquisition of parcels within Red Maple Swamp Preserve, as all parcels in this project are on the 2011 Active Acquisition A -List, which was approved at the January 25, 201 ]Board meeting (Agenda item I0B). Additionally, the Land Development Code (LDC) Section 3.05.07, H.l.f. iii. (b) specifically allows donations within North Golden Gate Estates Unit 53, aka Red Maple Swamp Preserve. Upon Board approval and acquisition of the parcel by JD Development I LLC within the 60 -day deadline, 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. Packet Page -1491- 6/23/2015 16.D.5. FISCAL IMPACT: There is no immediate fiscal impact to the County associated with acceptance of this property. The Collier County Property Appraiser values this parcel at $3,200 per acre or a total of $3,648. The $4,440.30 management endowment required by the LDC is expected to cover maintenance costs for approximately 8 years. Because of its environmental condition, its location within the Red Maple Swamp Preserve boundary and the proposed management endowment, this 1.14 acre donation is not anticipated to increase the Red Maple Swamp Preserve 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 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 JD DEVELOPMENT 1 LLC, a foreign limited liability company. 2) Authorizes the Chairman to execute the Donation Agreement with JD DEVELOPMENT 1 LLC, a foreign limited liability company, and any and all other 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: Cindy Erb, Sr. Property Acquisition Specialist, Facilities Management Division Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division, Conservation Collier Program Attachments: Donation Agreement Legacy Estates Donation Project Design Report Packet Page -1492- 6/23/2015 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. D. 16. D. 5. Item Summary: Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT 1 LLC, a foreign limited liability company, to donate a 1.14 -acre parcel along with a management endowment of $4,440.30 to the Conservation Collier Land Acquisition Program under the offset 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. All future land donations will be suspended until after the next LDC update, when the Board will give direction regarding unfunded maintenance responsibilities of donated lands. Companion to Item 16A16. Meeting Date: 6/23/2015 Prepared By Name: BetancurNatali Title: Operations Analyst, Public Services Department 5/21/2015 2:54:49 PM Submitted by Title: Environmental Specialist, Principal, Public Services Department Name: SuleckiAlexandra 5/21/2015 2:54:50 PM Approved By Name: Wasllburnllonka Title: Manager - Park Operations, Public Services Department Date: 5/21 /2015 3:29:17 PM Name: HerreraSandra Title: Manager - Procurement, Administrative Services Department Date: 5/21 /2015 3:33:06 PM Name: MarkiewiczJoanne Title: Division Director - Purchasing & Gen Svc, Administrative Services Department Packet Page -1493- Date: 5/26/2015 7:23:49 AM 6/23/2015 16.D.5. Name: SuleckiAlexandra Title: Environmental Specialist, Principal, Public Services Department Date: 5/29/2015 5:09:34 PM Name: WilliamsBarry Title: Division Director - Parks & Recreation, Public Services Department Date: 5/30/2015 9:31:05 AM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 6/3/2015 1:40:38 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/4/2015 10:18:07 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 6/4/2015 1:35:14 PM Name: KlatzkowJeff Title: County Attorney. Date: 6/5/2015 10:30:15 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/11/2015 11:23:49 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/16/2015 9.002:21 AM Packet Page -1494- 6/23/2015 16.D.5. CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBER: 39490480007 LEGACY ESTATES DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between JD DEVELOPMENT 1 LLC, a foreign limited liability company, (hereinafter referred to as "Contract Purchaser "), whose mailing address is 101 Terrace Drive, Lake Geneva, WI 53147, 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 PL- 20140001803, Legacy Estates, 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 a Packet Page -1495- 6/23/2015 16.D.5. Property Management or designee is authorized to enter into such mutual written agreement 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 PL- 20140001803, Legacy Estates, as required by the 2010 Land Development Code amendment (Section 3.05.07 H.1.f.i. (f) and (g). 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 nn- tgage(c) racorded 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, a a Packet Page -1496- 6/23/2015 16.D.5. 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: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney M BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN Y Packet Page -1497- � 6/23/2015 16.D.5. AS TO CONTRACT PURCHASER: Witness #1 (Signature) Witness #1 (Printed Name) JD DEVELOPMENT 1 LLC, a foreign limited liability company Witness #2 (Signature) BY: Witness #2 (Printed Name) Title /Name NAME: (Print or Type) 4 �; r J Packet Page -1498- 6/23/2015 16.D.5. EXHIBIT A THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 8, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 92, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 39490480007 Packet Page -1499- 6/23/2015 16.D.5. Conservation Collier Land Acquisition Program Project Design Report Legacy Estates - Donation Date: June 23, 2015 Propertv Owner: Current owners are Anthony C. Albano and Marie Goffredo, but upon Board approval of the donation it will be acquired by JD Development 1 LLC and donated to Conservation Collier. Folio(s): 39490480007 Location: Golden Gate Estates Unit 53 E 75 Feet of Tract 8 Size: 1.14 acre Collier Countv Appraiser Value: $3,648 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 2/2/15 12/13/10 Packet Page -1500- 6/23/2015 16.D.5. *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 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 Red Maple Swamp multi - parcel project, which includes the 1.14 -acre Legacy Estates donation parcel, is referenced within the Land Development Code (LDC) Section 3.05.07, H.l.f. iii. a. as an appropriate offsite location for land donations to satisfy developer preservation commitments. Red Maple Swamp is an undeveloped Unit (Unit 53) within the North Golden Gate Estates (NGGE) incorporating 305.69 acres and 105 parcels. Conservation Collier has acquired 200.24 acres and 71 parcels and currently owns 65% of lands within the project area. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re- growth over a historic faun field (approximately 100 acres). This parcel is not within the old farm field area. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge. This particular parcel contains cypress, red maple, dahoon holly and popash in the canopy and wetland dependent and adapted plants in the midstory and on the ground. Exotic invasive plants Brazilian pepper and Japanese climbing fern make up anywhere from 15% to 35% of the vegetation, and exist throughout the parcel. Listed wetland dependent birds, including wood storks, snowy egrets, ibis and little blue herons have been observed during site visits to this area and the entire project area is directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and Wildlife Conservation Commission. Deer have been observed in the area and Florida Black bears are known to inhabit adjoining public lands. In addition to protecting wetlands and listed species habitat, another important reason for the selection of Red Maple Swamp as a conservation target is that it is connected on its north and west sides with the 60,000 acre Florida Forever Corkscrew Regional Ecosystem Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery Swamp, Flint Pen Strand and Audubon's Corkscrew Swamp Sanctuary. Through them, Red Maple Swamp (and this parcel) connects with the Pepper Ranch and Caracara Prairie Preserves, private mitigation lands and lands protected under the County's Rural Lands Stewardship Program. Conservation Collier acquisitions within NGGE Unit 53 would enhance, protect, and buffer these conserved lands. The acquisition of lands within Red Maple Swamp will also provide additional public access opportunities to the area Packet Page -1501- 6/23/2015 16.D.5. including a connection with adjoining Bird Rookery Swamp, where a 1,200 -foot boardwalk has been built and nearly 12 miles of hiking trails have been created by South Florida Water Management District ( SFWMD). Staff will coordinate with SFWMD when planning for public access to Red Maple Swamp lands. Projected Management Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities. An Interim Management Plan (IMP) has been drafted and approved. A final management plan will be developed once enough contiguous parcels have been acquired to make management actions cost effective. Currently, 50 contiguous acres on the west side of the preserve are under management for exotic plants. This parcel contained approximately 15 -35% exotic cover. It will be treated by the donors prior to acceptance. Control of exotics on this parcel, consisting of herbicide applications, will be ongoing from time of acceptance. The donated management endowment of $4,440.30 will cover exotic maintenance for approximately 8 years. After that time, exotic maintenance should be minimal and will be included in the management budget for the overall Red Maple Swamp project. Because of the seasonal wetland nature of the site, any future trails may be seasonal. 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, if and when funds are identified. 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, 41 st Ave NW, an unpaved limerock road, provides access and the only parking is along the road right -of -way. Minimal management activities, like regular visitation and trash removal can be accomplished using both staff and volunteer labor. 3 Packet Page -1502-