Agenda 11/18/2014 Item # 16E 911/18/2014 16.E.9.
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Green
Palm Investments, Inc. to donate a 1.14 acre parcel along with a management
endowment of $4,020 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;
presented as companion item to Item 16A6.
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 $4,020.
CONSIDERATIONS: A 2010 Land Development Code amendment (Section 3.05.07 H.1.f.i. (f)
and (g)) 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.
Green Palm Investments, Inc. 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 1.0
acre on the Breeze of Calusa development under the above referenced LDC provision. This
parcel will be cleared of exotic vegetation by Green Palm Investments, Inc. prior to donation.
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 attached
Location Map).
At their January 13, 2014, 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.
This is a companion item for the approval of the Breeze at Calusa Plat, on the November 18,
2014 Board agenda. If the companion item is continued or otherwise not approved on
November 18, 2014, the staff recommendation is that this item be withdrawn for possible future
consideration.
Upon approval, the attached 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 no current 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 $4,020 management endowment required by the LDC (25% of the cost to
Conservation Collier of similar lands) is expected to cover maintenance costs for 11 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.
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11/18/2014 16.E.9.
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: If the companion item, Breeze at Calusa Plat, is approved on the
November 18, 2014 Board agenda staff is recommending that the Board:
1) Approves and accepts a standard form Donation Agreement and Warranty Deed from Green
Palm Investments, Inc.
2) Authorizes the Chairman to execute the Donation Agreement with Green Palm Investments,
Inc. 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 and Cindy Erb, SRMA, Senior Property Acquisition
Specialist, Real Property Management, Department of Facilities Management
Attachments: Donation Agreement
Location Map
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11/18/2014 16.E.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.9.
Item Summary: Recommendation to approve a standard Donation Agreement that allows Green
Palm Investments, Inc. to donate a 1.14 acre parcel along with a management endowment of $4,020 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. This item is a
companion to Item 16A6.
Meeting Date: 11/18/2014
Prepared By
Name: ErbCindy
Title: Property Acquisition Specialist, Senior, Facilities Management
10/27/2014 2:28:41 PM
Submitted by
Title: Property Acquisition Specialist, Senior, Facilities Management
Name: ErbCindy
10/27/2014 2:28:43 PM
Approved By
Name: LinguidiDennis
Title: Manager - Facilities, Facilities Management
Date: 10/27/2014 3:46:00 PM
Name: SuleckiAlexandra
Title: Environmental Specialist, Principal, Conservation Collier
Date: 10/28/2014 1:59:03 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 10/29/2014 8:18:12 AM
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11/18/2014 16.E.9.
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 10/29/2014 3:27:30 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/30/2014 4:45:39 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/31/2014 8:57:26 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: l l /5/2014 9:58:59 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 11 /5/2014 9:59:40 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1 l /6/2014 3:52:18 PM
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11/18/2014 16.E.9.
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39953500007
BREEZE OF CALUSA
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into by and between GREEN PALM INVESTMENTS, INC, a Florida corporation,
(hereinafter referred to as "Owner "), whose mailing address is 115 E. Palm Midway, Miami
Beach, FL 33139, 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 in Exhibit "A ", attached hereto and made a part hereof by reference;
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; 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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11/18/2014 16.E.9.
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 RZ-
PL201300001752, Breeze of Calusa Rezone as required by the 2010 Land Development
Code amendment (Section 3.05.07 H.1.f.i. (f) and (g).
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
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.
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
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11/18/2014 16.E.9.
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:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Tom Henning., Chairman
0
Jennifer A. Belpedio, Assistant County Attorney
0
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AS TO OWNER:
(Signature)
(Printed Name)
(Signatu )
Ll
(Printed Name)
11/18/2014 16.E.9.
GREEN PALM INVESTMENTS, INC.,
a Florida corporation
BY: /1', — -� �
Christopher EdWgen, President
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EXHIBIT "A"
LEGAL DESCRIPTION:
11/18/2014 16.E.9.
THE WEST 75' OF TRACT 32, GOLDEN GATE ESTATES, UNIT 65, ACCORDING TO
THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. (1.14 ACRES)
PROPERTY IDENTIFICATION NUMBER: 39953600007
GP
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