Agenda 10/13/2015 Item #16D 110/13/2015 16. D.1.
11 1 EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Willoughby Drive LLC 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.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 16A8. The companion item must be approved or this item will be
continued to another BCC meeting.
OBJECTIVE: To accept a donation of a 1.14 -acre parcel for the Conservation Collier Program, with
prohibited exotic vegetation having been removed and a management endowment of $4,440.30.
CONSIDERATIONS: A 2010 Land Development Code amendment (Section 3.05.07 H.I.M. (a) and
(b)) provides the option to developers to accomplish their required native vegetation retention offsite by
donating lands and management endowment funds to the Conservation Collier Program.
Willoughby Drive LLC is the owner of a 1.14 -acre parcel and is planning to convey this parcel located
within the Winchester Head Preserve in Golden Gate Estates, along with a management endowment, to
the Conservation Collier Program as offsite preservation for 0.28 acres on the Willoughby Preserve
development under the above referenced LDC provision. This parcel will be cleared of exotic vegetation
by Willoughby Drive LLC prior to donation. Acceptance of this parcel by Conservation Collier will
serve to further the protection of environmentally sensitive lands within Winchester Head Preserve.
^� The Conservation Collier Land Acquisition Advisory Committee ( CCLAAC) previously recommended
acquisition of parcels within Winchester Head Preserve, as all parcels in this project are on the 2011 A-
List, which was approved at the January 25, 2011, Agenda Item No, 10B. Additionally, the Land
Development Code (LDC) Section 3.05.07, H.l.f. iii. (b)., specifically allows donations within Golden
Gate Estates Unit 65, aka Winchester Head Preserve.
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.
At its July 7, 2015 meeting, Agenda Item 11 G, the Board directed staff to work with the Development
Services Advisory Committee (DSAC) and the CCLAAC to develop an amendment for the LDC
provision that would either require a larger but not perpetual management endowment or remove the
option to donate lands and only accept donation of funds. Staff is anticipating at least two meetings with
each subcommittee and full Committees to develop a recommendation to present to the Board through the
Land Development Code cycle in the fall. The tentative schedule is for amendments to be developed and
a recommendation made to the Board by the end of the calendar year. Willoughby Drive LLC began the
process of conveying this parcel to the Conservation Collier Program prior to the Board's July 7, 2015
direction to amend the LDC provision.
FISCAL IMPACT: There is no immediate cost to the County associated with acceptance of this
property. The Collier County Property Appraiser values this parcel at $3,059 per acre or a total of $3,488.
The $4,440.30 management endowment required by the LDC (25% of the cost to Conservation Collier of
similar lands) is expected to cover maintenance costs for 7 years. Because of its environmental condition,
its location within the Winchester Head Preserve boundary and the proposed management endowment,
this 1.14 -acre donation is not anticipated to increase the Winchester Head Preserve project perpetual
operations and maintenance costs in the near future. After endowment funds are depleted, costs to manage
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10/13/2015 16.D.1.
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 Willoughby
Drive LLC.
2) Authorizes the Chairman to execute the Donation Agreement with Willoughby Drive 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: Cindy Erb, Sr. Property Acquisition Specialist, Facilities Management Division and
Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division _
Attachments: 1) Project Design Report
2) Donation Agreement
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10/13/2015 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve a standard Donation Agreement that allows
Willoughby Drive LLC 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.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 16A8. The companion item must be
approved or this item will be continued to another BCC meeting.
Meeting Date: 10/13/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Public Services Department
9/2/2015 11:47:01 AM
Submitted by
Title: Environmental Specialist, Senior, Public Services Department
Name: HennigMelissa
9/2/2015 11:47:02 AM
Approved By
Name: HennigMelissa
Title: Environmental Specialist, Senior, Public Services Department
Date: 9/2/2015 11:57:40 AM
Name: Washbumllonka
Title: Manager - Park Operations, Public Services Department
Date: 9/3/2015 12:07:25 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Administrative Services Department
Date: 9/4/2015 2:53:44 PM
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10/13/2015 16.D.1.
Name: WilliamsBarry
Title: Division Director - Parks & Recreation, Public Services Department
Date: 9/7/2015 3:22:01 PM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 9/14/2015 9:49:41 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/16/2015 9:50:48 AM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 9/22/2015 3:04:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 1:31:05 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
ZD
Date: 9/29/2015 3:41:31 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/1/2015 11:45:33 AM
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10/13/2015 16.D.1.
Conservation Collier Land Acquisition Program
Project Design Report
Date: September 22, 2015
Willoughby Drive LLC Offsite Preservation Donation
PL 20140001842
Property Owner: Willoughby Drive LLC
Folio: 39959320006
Location: GOLDEN GATE EST UNIT 65 W 75FT OF E 180FT OF TR 77
Size: 1.14 acres
Collier Countv Appraiser Value: $3,488
History of Proiect:
Selected for the "A" category,
AAL most recently
Donation
CCLAAC review
41 priority, on the Active
approved by BCC
Application
Acquisition List (AAL) by
Received
CCLAAC
12/15/04
1/25/11
6 -19 -15
12/13/10*
*It was determined that properties within NGGE Unit 53 /Red Maple Swamp and Winchester
Head, which are both approved donation areas in the LDC, do not need to be brought back to
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CCLAAC for additional recommendation. The date noted is when CCLAAC last recommended
the multi - parcel project for approval.
Purpose of Protect: Environmental Conservation — Conservation Collier Program
Program Qualifications:
The Winchester Head multi - parcel project, which includes the Willoughby Drive LLC
1.14 -acre donation parcel, is referenced within the Land Development Code (LDC)
Section 3.05.07, H.1.f. iii. (b.) 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, and Mitigation
Program) in the County's Watershed Management Plan. At this time, Conservation
Collier owns 77.39 acres out of a total of 158.67 acres, or 49% of the project area.
Additional program criteria that would be satisfied by this donation include protection of
surface and ground water resources, protection of wetland dependent species habitat, and
good potential for restoration. This parcel contains an intact native vegetation
community: Mixed Wetland Forest. A paved public road (39th Ave NE) provides access
to the parcel and allows the property to be readily viewed. Native wetland hardwoods,
cypress and seasonally changing marsh on this parcel enhance the aesthetic setting of
Collier County.
Projected Management Activities:
Active management of 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 25 -30% exotic cover. It was treated by the donors in
August 2015 and found to be acceptable for donation by Conservation Collier staff.
Control of exotics on this parcel, consisting of herbicide applications, will be ongoing
from this point. The donated management endowment on $4,440.30, 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. While most of the project area for Winchester Head is wetlands and trails are
2
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not feasible, this parcel is along the buffer edge of the project and could contain a
seasonal trail. A raised boardwalk would be the best public access opportunity, however,
this will not he 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 39th Streets NE) provide
paved access to the project area but the only parking is the road right-of-way. At present,
a visitor parking area is not 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 containing information on wetlands and on the preservation of the
area. Signs can be placed at boundaries along 37th and 39th St. NE. Minimal
management activities, like trash removal can be accomplished using both contracted and
volunteer labor.
3
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CONSERVA1 ION COWER
PROPERTY tDENTIFICATION NUMBER. 39950320006
W4oughty Preserve
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement) is made
and entered into by and between WILLOUGHBY DRIVE LLC, a Florida Limited Liability
Company, (hereinafter referred to as "Owne(), whose mailing address is 5290 Golden Gate
Parkway, Naples, FL 34116, 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 75 FEET Of THE EAST 180 FEET OF TRACT 77, GOLDEN GATE ESTATES,
UNIT NO. 55, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,
PAGE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
TAX IDENTIFICATION NUMBER 39959320006
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
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
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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 PI-20140001842,
Willoughby Preserve, as required by the 2010 land Development Code amendment (Section
3.05.07, HAIJ. (a) and (b).
5. 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. 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
111-N, 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 andlor 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.
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.
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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:
ATTEST:
DWIGHT E. BTOCt, Cler�,
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
AS TO OWNER:
&I ffLILC�
Witness #1 (Signature)
Witness #1 (Print Name)
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Witness #2 (Print Pia e)
;l,ii,ll1;ljl
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[*I#] a 4 JQ :jqj*jfj j'jk I WM 2 1101:j I @Y&��
BY:
TIM NANCE, Chairman
WILLOUGHBY DRIVE LLC, a Florida Limit Tt-,'
Liability Company I
191 z I rz ITY I -. I I IZIN I Ill I t -4- * On 1-4 f Z-1 01- 1 h
Its: Managing Memb
BY,
JONAT AN,#EC� TAN as Manager
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