Backup Documents 09/09/2014 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT O1 •
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office ade) q Ito kw--
4. BCC Office Board of County T ‘>..<
Commissioners /3/ 1L\' \1c\
5. Minutes and Records — Please Clerk of Court's Office
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PRIMARY CONTACT INFORMATION stTc e r+�en`fr
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is neede the event one of me
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Melissa Hennig/Parks and Recreation x. Phone Number 252-2957
Contact/ Department
Agenda Date Item was September 9,2014 ✓ Agenda Item Number —.
Approved by the BCC ••:16
Type of Document Trust Agreement and Conservation Number of Original 7
Attached Easement Documents Attached
PO number or account
number if document is 10 11...S. re+V et de es 4, /-1 I1SSa. — "1 rt Ai ay re Tv
to be recorded 6 h p il n...I a l'
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INSTRUCTIONS & CHECKLIST c.�, c�dt ��K'!-
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (I ifs. ) A• licable)
1. Does the document require the chairman's original signature?
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2. Does the document need to be sent to another agency for additional signatures? If yes, 14; N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on id and all changes made during the •
meeting have been incorporated in the attached document. The County Attorney's —
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by le 711
BCC,all changes directed by the BCC have been made,and the document is ready or the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Hi Ann, 1lB
Please just send everything back to me, and I'll take care of it.
Thanks!
Melissa Hennig
Senior Environmental Specialist
Collier County Conservation Collier Program
15000 Livingston Road
Naples, FL 34109
Office: 239-252-2957
Cell: 239-289-2934
Fax: 239-252-6720
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Monday, October 27, 2014 9:15 AM
To: HennigMelissa
Subject: Item #11B 9-9-14 BCC Meeting Caracara
Hi Melissa,
I have all of the signed documents for Item #11B, from the Board's September 9th Meeting.
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Agreement, conservation easement and documents to generate panther habitat credits from the
Caracara Preserve to mitigate proposed impacts and budget amendments re: the Resource Recovery Endowment
Fund Trust.
It looks as though they have a few places to go: CREW; Florida Fish and Wildlife and also to
U.S. Fish and Wildlife for signature(s) &approval.
Do you want me to send these documents to the designated contacts
within the organizations, or how would you prefer their delivery carried-out?
Please let me know when you get a chance.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
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11B
Ann P. Jennejohn
From: Hennig, Melissa
Sent: Monday, October 27, 2014 10:31 AM
To: Ann P.Jennejohn
Subject: RE: Item #11B 9-9-14 BCC Meeting Caracara
Yes. I'll make sure. Do you need to hold an original now?
Melissa Hennig
Senior Environmental Specialist
Collier County Conservation Collier Program
15000 Livingston Road
Naples, FL 34109
Office: 239-252-2957
Cell: 239-289-2934
Fax: 239-252-6720
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@ collierclerk.com]
Sent: Monday, October 27, 2014 10:27 AM
To: HennigMelissa
Subject: RE: Item #11B 9-9-14 BCC Meeting Caracara
O.K. Sounds good. I was told by the Finance Department
they'll need a fully executed original copy of the Trust Agreement
back to administer the fund. And we'll need one of the original
Conservation Easements back to have it recorded in the
County's official land records.
So, how can I make sure original copies of the Conservation
Easement and the Trust Agreement are returned to us?
Will you take care of that?
Thanks Melissa!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
From: Hennig, Melissa
Sent: Monday, October 27, 2014 9:44 AM
To: Ann P. Jennejohn
Subject: RE: Item #11B 9-9-14 BCC Meeting Caracara
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118
MEMORANDUM
Date: November 5, 2014
To: Melissa Hennig, Senior Environmental Specialist
Conservation Collier Program/Parks & Recreation
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resource Recovery Park Compensation Parcel Endowment Fund
Trust Agreement between the Collier County Board of County
Commissioners and the Clerk of the Circuit Court of Collier
County (Trustee)
Attached for further processing are three (3) original copies of the Endowment
Fund Trust Agreement referenced above, (Item #11B) approved by the Board of
County Commissioners on Tuesday, September 9, 2014.
After the agreements are forwarded for the required signature(s) of U.S. Fish
and Wildlife and have been subsequently returned, please return one of the fully
executed original agreements to the Board's Minutes and Records Department.
Upon our receipt of an executed original agreement we will provide a copy to the
Clerk's Finance Department. I was informed the Finance Department must have an
executed copy to oversee the Endowment Fund and to administer the Trust
Agreement.
If you have any questions, please feel free to contact me at 252-8406.
Thank you
Attachments (3)
11B
EXECUTIVE SUMMARY
Recommendation to approve an agreement, conservation easement, and all documents necessary to
generate U.S. Fish and Wildlife Service panther habitat unit mitigation credits from Collier
County's Caracara Prairie Preserve to mitigate for proposed impacts to panther habitat at Collier
County's Resource Recovery Park and to authorize any budget amendments necessary to fund the
Caracara Prairie Preserve Trust Fund in the amount of $1,582,800 for perpetual annual
maintenance at Caracara Prairie Preserve.
OBJECTIVE: To modify the Caracara Prairie Preserve Conservation Bank documents to provide
panther habitat mitigation (2,272.7 panther habitat unit mitigation credits) for development of a
substantial portion of the Resource Recovery Park at a cost savings of$346,100.
CONSIDERATIONS: Since 2008, Collier County has pursued a conservation bank at Caracara Prairie
Preserve that would provide panther habitat mitigation for different Collier County government projects.
On February 23, 2010 (Agenda Item # 16E3) the Board approved Resolution 2010-42 creating the
Caracara Prairie Preserve Trust Fund. On April 13, 2010 (Agenda Item # 16E9) the Board approved an
Interlocal Agreement with Corkscrew Regional Ecosystem Watershed Land and Water Trust (a partial
interest holder of the Caracara Prairie property), a Declaration of Trust for Caracara Prairie Preserve, the
Caracara Prairie Preserve Bank Agreement, the Caracara Prairie Preserve Conservation Bank
Conservation Easement, and the Caracara Prairie Preserve Endowment Fund Trust Agreement pending
approval and signatures from U.S. Fish and Wildlife Service (USFWS), Florida Fish and Wildlife
Conservation Commission (FWC), and Wildlife Foundation of Florida Mitigation Trust Funds, Inc.
Those documents once approved and signed by the Board Chair and USFWS representatives, would have
created a panther habitat conservation bank.
On November 10, 2009, the Board approved the Conditional Use for the development of the County's
Solid Waste Management Department's Resource Recovery Park under Resolution 2009-275 (Agenda
Item # 7A). In 2010, discussion began regarding an evaluation of the mitigation needs of the future
Resource Recovery Park project; the potential panther habitat unit mitigation credits (PHUs) that would
be generated by the Caracara Prairie Preserve; and the potential benefit to the County both in cost savings
and protection and preservation of its natural resources.
While Conservation Collier staff, County Attorney's Office, Clerk of Courts staff and attorney, and
USFWS staff and attorney ("mitigation team") worked to finalize the Conservation Bank Endowment
Fund Trust Agreement and Conservation Easement for routing for signatures, permit planning
commenced for the Resource Recovery Park. After it was determined that the Resource Recovery Park
could utilize all 2,272.7 PHUs, creation of a Caracara Prairie Preserve Conservation Bank was no longer
necessary. Accordingly, the mitigation team has worked to create a Compensation Parcel Endowment
Fund Trust Agreement(Trust)which replaces the Conservation Bank Endowment Fund Trust Agreement.
In addition to the Trust, a Conservation Easement from Collier County to FWC over Caracara Prairie
Preserve and a Conservation Easement from Collier County to FDEP with third party enforcement rights
to the Army Corp of Engineers and USFWS over the impacted preserve area of the Resource Recovery
Park are required. Any additional PHUs and associated wetlands mitigation credits required for
development of the Resource Recovery Park will be phased as allowed by budgeting and shall be
purchased under the existing County contract from a mitigation bank; unless additional mitigation has
been created through Conservation Collier's other properties.
The use of Caracara Prairie Preserve for panther habitat mitigation will result in a savings of
approximately $346,100 to the Solid & Hazardous Waste Management Department (Solid Waste). This
11B
savings is calculated applying the current Board approved contract rates of $725 per PHU. Caracara
Prairie Preserve PHUs will cost$572.71 each. Accordingly, the total credits available at Caracara Prairie
Preserve (2,272.7 PHUs) would cost $1,647,700 if purchased through private mitigation banks but will
cost$1,301,600 through the Caracara Prairie Preserve.
The USFWS approval process also requires Conservation Collier to place $1,582,800 in trust for in-
perpetuity management of the property. Staff received written confirmation from USFWS staff that the
documents presented are acceptable. Additionally, the attached Caracara Prairie Preserve Conservation
Easement requiring the chairman's signature is currently being routed for signatures at FWC. Staff
received written confirmation from FWC that the Conservation Easement is acceptable and will be
signed.
FISCAL IMPACT: Funds for management of Caracara Prairie Preserve in-perpetuity ($1,582,800) are
available in Conservation Collier Fund 174. The sale of the PHUs to Solid Waste for the Resource
Recovery Park project will recoup $1,301,600 of these costs. Pursuant to the Environmental Resource
Permit for the Resource Recovery Park issued by the Florida Department of Environmental Protection
(FDEP), the Army Corp of Engineers Permit and the USFWS Biological Opinion Letter, phased
mitigation for both PHUs and wetlands has been accepted. Therefore, the purchase of PHUs by Solid
Waste will be phased over two fiscal years. The funds for the initial purchase of 1,044.132 PHUs in the
amount of$600,000 are currently available in Fund 474 Project No. 59007. Solid Waste will purchase
the remaining PHUs and pay the balance of$701,600 to Conservation Collier from Fund 474 Project No.
59007 in FY 2015.
GROWTH MANAGEMENT IMPACT: This proposal supports Objective 7.3 of the Conservation and
Coastal Management Element of the County Growth Management Plan, which requires the County to
continue to implement programs that conserve and protect endangered and threatened wildlife species.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote—JAB.
RECOMMENDATION: That the Board of County Commissioners approves the use of PHUs generated
from Caracara Prairie Preserve for mitigation of a substantial portion of the proposed impacts to panther
habitat at the Resource Recovery Park; authorize the Board Chair to sign all agreements and easements
required by the permitting agencies, including the USFWS, once approved by the County Attorney's
Office; to direct the County Manager or his designee to proceed to follow all appropriate procedures and
record the aforementioned documents in the Public Records of Collier County, Florida; and to authorize
any necessary budget amendments in fiscal years 2014 and 2015.
Prepared By: Melissa Hennig, Senior Environmental Specialist, Conservation Collier Program, Parks &
Recreation Department
Attachments: 1)Conservation Easement,2)USFWS Acceptance, 3)Trust Agreement-due to the size of
the Agreement,which is 14,985KB and 136 pages long, it is accessible at:
http://www.colliergov.net/ftp/AgendaSept914/PubServices/9-9-
14%20BCC%20Meeting/16D 12844CaracaraTrustAgreernent.pdf
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RESOURCE RECOVERY PARK COMPENSATION
_ � �
ENDOWMENT FUND TRUST AGREEMENT �� �)
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This Resource Recovery Park Compensation Parcel Endowment Fund Trust Agreement
(including exhibits hereto, the "Trust Agreement") is made and entered into this 77/'•
day of , by and between the Collier County, Florida Board of County
Commissioners (the '^Grmntwr" or "Collier Coomty"), as well as its successors and
assigns, and the Clerk of the Circuit Court ol Collier Counts' (the ^^1[numtee` or ^^C|crk")
(collectively relrred to as the "Parties").
RECITALS
/\. The United States Fish and Wildlife Service (the "Service") issued a biological
opinion letter with exhibits (the "Biological Opinion Letter"), dated February 19.
2014. to the U.S. Corps of Engineers (the ^^0SCO|K") after formal consultation
under section 7 of the Endangered Species Act of 1973, as amended, on the
0SCO£'o issuance of a Section 404 permit to Collier County, Florida, a municipal
jurisdiction of the State of' Florida, for impacts to the federally-listed Florida
Panther (Puma concolor rory)' associated with development activities at Collier
County's Resource Recovery Park. '['he conditions of the Biological Opinion Letter
provide, among other things, for the preservation of approximately Three Hundred
Sixty-Seven and 7/10 (367.7) acres in Collier County, Florida of habitat suitable for
the Florida Panther to compensate for impacts to approximately 344.25 acres of'
Florida panther habitat. The Biological Opinion Letter (Service Activity Code
4l420-20|2-[PA'Ol76\Service Consultation Code 41420-2012-F-0324) is
incorporated herein by reference and on flle with the Service.
Collier County and Corkscrew Regional Ecosystem Watershed Land and Water
Trust ("CREW") are the owners of approximately 367.7 acres of real property
known as the Caracara Prairie Preserve (the "Compensation Parcel" or '^Pwrcc[`)
located in Collier County, Florida, and more completely described in Exhibit "A"
attached hereto. Collier County owns an undivided ninety-Tour point tour (94.4%)
interest in the Parcel while CREW owns the remaining undivided five point six
(5.6%) percent interest in the Parcel.
CREW has agreed to subject its interest in the Parcel to the terms and conditions ol'
the Biological Opinion Letter and to the conservation easement (the "Conservation
Easement")jointly granted by Collier County and CREW to the Florida Fish and
Wildlife Conservation Commission in accordance with the Biological Opinion
LeUor, as set fbnb in the Agreement for Sale and Purchase and the interlocal
Agreement between Collier County and CREW, attached hereto us Exhibit `^B`, and
Exhibit"C" respectively.
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B. Pursuant to the Biolo ical Opinion Letter, the Caracara Prairie Habitat Management
Plan (the "Management Plan") and Conservation Easement, Collier County agreed
to and is obligated to manage and maintain the Compensation Parcel in perpetuity
in order to preserve its habitat and conservation values for the federally-listed
Florida panther (Puma concolor co(y/) (the "Covered Species") and other species
that are dependent on the Parcel. The Biological ()pinion Letter further requires that
the Compensation Parcel be managed in perpetuity for the control of invasive exotic
vegetation. The Management Plan is attached hereto as Exhibit"D".
C. The Biological Opinion Letter requires that the Grantor establish the Resource
Recovery Park Compensation Parcel Endowment Fund Trust (the "Trust"), which
shall be comprised of a non-wasting management fund (the "Endowment Fund")
solely used to defray costs associated with the maintenance and management of the
Compensation Parcel in perpetuity. The Grantor shall tender a one-time, lump sum
donation in the amount of()ne Million Five Hundred Eighty Two Thousand Eight
Hundred andNo/!O0 Dollars ($1,582,800.00) (the "Deposit" or'Principal") to the
Trustee fbr deposit into the Endowment Fund upon execution of this Agreement.
D. The Clerk of the Circuit Court will serve as Trustee of the Trust. The position of
Clerk is an entity created by Article V, Section 16. Florida Constitution, and is
independent from the Board of County Commissioners of Collier County, pursuant
to the Florida Constitution and Florida Statutes, including but not limited to
Sections 28.12 and 425.17. The Clerk is the ex-officio clerk and accountant of
Collier County as well as the auditor and custodian of all County funds.
As Trustee, the Clerk will receive, hold, and manage monies, from the Endowment
Fund in accordance with the Biological Opinion Letter, the Management Plan and
this Trust Agreement and distribute monies after determining the legality of the
expenditure. The Trustee shall have all the rights to and responsibilities for the
management of the Endowment Fund and for the investment of the monies in the
Endowment Fund. The accrued interest and earnings ftoro the Endowment Fund
shall be used exclusively to fund the permanent management and maintenance of
the Compensation Parcel as provided in the Biological Opinion Letter and the
Management Plan. The Trustee shall provide to the Service an annua "Financial
Report of the Trust," as more particularly described in Section 3.1 of this Trust
Agreement. The Clerk has no responsibilities or liabilities under the Biological
Opinion Letter.
G. Pursuant to the Biological Opinion Letter, CnUierCouotyboy agreed to oversee and
ensure that the Compensation Parcel is managed and maintained in accordance with
the Biological Opinion Letter, the Management Plan and the Conservation
Easement.
F. The Trustee agrees to limit the activities of the Trust to the purposes set forth
herein.
11B
G. Collier County has adopted and the Clerk, as Trustee hereunder, agrees to abide by
an investment policy(the lnvestrnent Policy"), as set forth in Exhibit "E" attached
hereto, as to the Principal of the Endowment Fund as well as any income and
earnings generated on and from such Principal. Except as otherwise provided
herein, the Clerk shall have all rights to and responsibilities for the direct
investment decisions for the funds in the Trust.
NOW, THEREFORE IN CONSIDERATION of the foregoing Recitals, which are
incorporated into and made part of this Trust Agreement, and the covenants and obligations
herein contained, the Parties do hereby establish the Trust and agree as follows:
1. Definitions
i] Person. The term '^person" includes an individual, trust, estate,
partnership, association, company, corporation, or other entity.
1.2 Trustee. The terms "Trustee". ^^Tnuatcey", or '^Co-'[rugcc` shall include
any successor Trustee.
1.3 Principal. The terms '`Principal`" ^`Corpum" or "Deposit" mean the
principal sum or capital that constitute the body of the Trust, as
distinguished from any accrued interest, earnings and income.
L4 Trust Agreement. The term "Trust /\Oreccueot" includes this document
and the exhibits hereto.
2. Establishm
2.1 The Trust is created solely Co provide the monies and funds necessary
to pay the cOSts and expenses related to Collier County s management.
maintenance, land stewardship and administrative costs associated
with the Compensation Parcel.
2.2 Transfer to Trust. The Grantor hereby agrees to deliver to the Trustee
the Deposit upon execution of this Agreement.
2.3 Trust Estate. The Trust Estate ("Trust Estate") shall be comprised of
all financial assets of the Trust, including but not limited to, the
Deposit, any arid all additional monies and funds deposited into the
Endowment Fund, and any income and earnings generated on the
Deposit(Exhibit^^F").
3. Distribution of Trust Estate
3.1 Distributions ncumc. The Trustee will distribute the Trust Estate
in accordance with this Trust after determining the
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legality of the expenditure. As provided in this Trust Agreement,
Collier County is authorized to request distributions from the non-
principal portion of the Trust Estate to pay any costs and expenses
reasonably incurred in and related to the management of the
Compensation Parcel, including but not limited to property taxes,
contracts, equipment, materials, and signage.
Distributions and spending for the management and maintenance
activities on the Compensation Parcel will be based upon both
annual operating and maintenance requirements and expenditures for
long-term replacement of capital improvements. Exceptions to the
projected annual expenditures for the activities can be implemented
only if they are approved in writing by the Service and assist in the
land stewardship goals set forth in the Biological Opinion Letter and
Management Plan while protecting the financial viability of the
Trust.
3.2 Benefit/Detriment. The Trust is irrevocably dedicated to the
purposes set forth herein. The Trustee, after determining the legality
of the expenditure, agrees to make lawful distributions from the non-
principal portion of the Trust Estate so that Collier County may
fulfill its obligations under the Biological Opinion Letter and
Management Plan.
3.3 Transfer of Compensation Parcel. Collier County and the Trustee
acknowledge that ownership of the Compensation Parcel may be
transferred or conveyed to a third party ("successor") with the prior
written concurrence of CREW and the written approval of the
Service as well as in accordance with the Conservation Easement
and to the extent authorized by Collier County's "Conservation
Collier Exceptional Benefits Ordinance" (Ordinance No. 2006-58)
adopted on November 28, 2006, and Florida law. A successor must
agree in writing to assume all obligations set forth in the
Conservation Easement, Biological Opinion Letter and Management
Plan as well as assure and demonstrate to the satisfaction of the
Service that the successor has the financial capacity to implement all
of the measures set forth in the Biological Opinion Letter,
Management Plan and Conservation Easement. Such Financial
assurances, which must be approved by the Service, may be
provided through, including but not limited to, a trust fund or letter
of credit.
3.4 Endowment Fund. Except for investing the monies in the Trust
Estate, the Trustee will not withdraw, disburse or otherwise transfer
the Principal of the Endowment Fund without written approval from
the Service.
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3.5 Termination of Trust. It is intended that the Trust will last in
perpetuity because the obligation to manage and maintain the
Compensation Parcel, including the funding of the costs and
expenses associated with the management and maintenance of the
Compensation Parcel, are obligations that continue in perpetuity as
covenants running with the land. If however, the purposes for
which the Trust was created have been accomplished or have been so
frustrated that the Trust serves no purpose, any Party, after providing
written notice to the other Party and upon receiving the (irantor's
and Service's written concurrence, may petition a court of competent
jurisdiction for the dissolution of the Trust. If it becomes necessary
to terminate the Trust. the Trust Estate may be retained by Collier
County to be used for a public conservation purpose approved in
writing by the Service or, if authorized and consistent with Florida
law, may be distributed: a) to a Service-approved conservation
organization that agrees to use the Trust Estate for a public
conservation purpose and is determined by the Internal Revenue
Service to be tax exempt for one or more purposes within the
meaning of Section 501(0(3) of the Internal Revenue Code or
corresponding section of any future federal tax code, approved in
writing by the Service, and who agrees to use the money for a public
conservation purpose or b) to a Service selected and approved non-
governmental entity that agrees to hold and disburse the Trust Estate
to and/or as prescribed by the Service for a public conservation
purpose.
4. Trustee
4.1 Accounting to Service. Upon the Service's request. the Trustee shall
render periodic accounts of the administration of the Trust no less
than once each year by no later than 180 days following the end of
each County tisc-al year (September 30) in the "Financial Report of
Trust." The Report shall consist of copies of the Trust's monthly
statements and an annual trust accounting that shall include annual
reports regarding expenditures and reimbursements as well as
income and contributions. The Financial Report of Trust shall also
include a final letter from Collier County's external auditor attesting
to the account balance. To the extent allowed by law, the Service's
written approval of the Financial Report shall be a complete
approval and protection of the Trustee as to all matters and
transactions stated or shown by the accounting.
4.2 Non;fransfer of 'Erust. The Clerk shall not transfer the 'frustee's
responsibilities to a third-party entity without prior approval of the
Service and Collier County.
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4.3 Bond of Trustee. No bond shall be required of the Trustee unless
ordered by a Florida circuit court of appropriate venue as provided
by the Florida Trust Code, Ha. Stat. § 736.0101 - 736.1303, as may
be amended, and under the circumstances set forth therein.
5. Trustee's Management Powers
5.1 Amend the Investment Policy. Upon written approval of the Service,
Collier County and the Trustee may from time to time amend the
Investment Policy associated with this Trust Agreement. Provided,
however, that no such approval of the Service need be obtained if an
amendment to the Investment Policy is required by Florida law.
5.2 Power to Act. To carry out the Investment Policy and fulfill the
purposes of the Trust, the Trustee shall have the power to do the
following acts, in addition to any powers now or hereafter provided
by Honda law:
(a) Establish the Endowment Fund authorized by this 'trust
Agreement.
(b) Insure the Trust Estate against damage or loss and the
Trustee against liability provided no such costs shall be paid
from the Endowment Fund unless approved by the Service.
(c) Pay compensation, except from the Principal, for professional
services performed for the Trust or Trustee.
(d) Upon the Grantor's and\or, in certain circumstances, the
Service's request, and after determining the legality of the
expenditure, make disbursements, except from the Principal,
to pay the costs of undertaking activities for the perpetual
management of the Compensation Parcel in accordance with
this Trust Agreement. The Trustee is authorized to disburse
sums from the non-Principal portion of the Trust to reimburse
persons for the costs of management expenditures and to
refund Collier County such amounts as Collier County
requests or as the Service specifies in writing. Funds from the
Endowment Fund shall not be used for general county
purposes and shall only be used for the purposes set forth. in
the Biological Opinion Letter and Management Plan and in
accordance with the terms of this Trust Agreement.
(e) Pay or contest any claim, settle a claim by or against the
Trust by compromise, arbitration or otherwise, and release
any claim (collectively referred to as "settlement" or
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113
"settlements") belonging to the Trust to the extent that the
claim is uncollectible. The Trustee shall provide reasonable
notice to the Service prior to the occurrence of any
settlement. No settlement shall be paid from the Principal
without the written approval of the Service.
Compromise, settle, and defend legal actions against the
Trust, The Trustee shall provide the Service with reasonable
notice of any such legal action. The 'Trustee also shall
provide reasonable notice to the Service prior to the
compromise or settlement of any such action. No
compromise or settlement shall be paid from the Principal
without the written approval of the Service.
(g) Execute and deliver all instruments, which will accomplish or
facilitate the exercise of the powers vested in the Trustee.
(h) Act without court approval if the action is otherwise proper.
(i) Employ and empower agents or advisors to act on the
Trustee's behalf provided, however, that any compensation to
such agents or advisors shall not be paid from the Principal.
Exercise any power necessary to manage and invest the Trust
Estate in accordance with Florida law, the guidelines set forth
herein, and the investment Policy.
6. General Administrative Provisions
The following general administrative provisions shall govern the Trust:
6.1 Governing Law. The validity and construction of any provision of
this Trust Agreement shall be governed by the laws of the State of
Florida.
6.2 Severability. If any provision of this Trust Agreement is determined
to he invalid, unenforceable, or inconsistent with the laws of Florida,
the remaining provisions hereof shall nevertheless be carried into
effect.
6.3 Spendthrift. Neither the Principal, earnings nor income of this Trust
shall be transferred, assigned, anticipated, encumbered or subject to
claims of creditors or others or to legal process prior to its actual
receipt by the beneficiary.
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6.4 Accounting Standards. The allocation of receipts and expenses
between Principal and income accounts shall be governed by
applicable government accounting standards. The Trustee shall
determine how to allocate receipts or expenses that are not governed
by applicable government accounting standards or defined or
specified in the Biological Opinion Letter, the Management Plan,
and this Trust Agreement.
6.5 Entire Agreement. This Trust Agreement constitutes the entire
agreement and understanding between the Parties hereto. This Trust
Agreement supersedes all prior and contemporaneous agreements,
representations or understandings regarding the Trust, including but
not limited to the Endowment Fund and the Trust Estate, if any.
whether written or oral with the exception of the provisions of the
Biological Opinion Letter and Management Plan.
6.6 Notices. The individuals named below shall be the representatives
(the "Representatives") of the Grantor, the Service and the Trustee
for purposes of this Trust Agreement. Notices shall be made in
writing and may be delivered in person. by mail. by telecopy
(facsimile), or by electronic mail (email). Notices shall be effective
only when received at the address of the appropriate Representative
to be notified. Any change in the contact information for the
Representatives shall be communicated in writing to the other
Representatives and the Service within ten (10) business days of the
change.
If to the Trustee:
Clerk of the Circuit Court of Collier County
ATTN: Finance
Collier County Courthouse Annex, 2nd Floor
3315 Tamiami Trail East
Naples, FL 34112-5324
Facsimile: (239) 252-2755
E-Mail: CollierClerk@collierelerk.com
If to the Grantor:
Collier County Board of County Commissioners
Conservation Collier Program
Attn: Senior Environmental Specialist
15000 Livingston Road
Naples, FL 34109
Facsimile: (239) 252-6720
C on servation.0 ol lier@colliergov.net
8
118
If to the Service:
U.S. Fish and Wildlife Service
Attention: Field Supervisor
South Florida'Ecological Services Office
1339 20th Street
Vero Beach, Florida 32960-3559
Facsimile: 772-562-4288
6.7 Nondiscrimination. In the performance of Obligations and
responsibilities under this Trust Agreement, neither the Grantor nor
the Trustee will discriminate against any person because of race,
color, national origin, handicap, religion, age, or gender.
6.8 No Obligation. Nothing in this 'Trust Agreement may be construed
to obligate the United States or the Service to any current or future
expenditure of resources in advance of the availability of
appropriations from Congress.
6.9 No Limit. Nothing contained in this Trust Agreement is intended to
limit the authority of the Service to seek civil or criminal penalties or
otherwise fulfill its enforcement responsibilities under applicable
laws. This Trust Agreement is not a substitute for compliance with
applicable Federal laws.
6.10 Nonexclusive Arrangement. This Trust Agreement shall not make or
he deemed to make any party to the Trust Agreement an agent for or
the partner of any other party. This Agreement neither creates nor
should it be construed to create an exclusive arrangement between
the United States and the Trustee.
6.11 Irrevocable Trust. The Trust is irrevocable unless revocation is
approved in writing by the Grantor. the Trustee and the Service.
6.12 Amendment of"frust Agreement. The terms of this'Trust Agreement
may be amended at any time upon the written agreement of the
Grantor, Trustee and the Service.
6.13 Service as Stakeholder. The Grantor and Trustee acknowledge that
the Service is an interested stakeholder in the implementation and
administration of this Trust Agreement and, as such, has standing to
enforce this Trust Agreement by, among other things, bringing an
action or actions in law or equity in a court of competent jurisdiction
against the Grantor and\or Trustee.
9
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1 1 B
6.14 Counterparts. This Trust Agreement may be executed in one or
more counterparts, each of which shall be deemed to be an original
but all of which shall constitute one and the same Trust Agreement.
6.1 5 Trustee Indemnification.
(a) In the absence of the 'trustee's had faith and/ or failure to
exercise due diligence or to exercise the legal standard of
care required of fiduciaries, the Trustee may conclusively
rely, as to the truth of the statements and the correctness ot7
the opinions expressed therein, upon certificates or opinions
furnished to the Trustee, including but not limited to opinions
of counsel.
(b) The Trustee shall not be liable for any error of judgment
made in good faith, unless it shall be proved that the Trustee
was grossly negligent in ascertaining the pertinent facts or
that the Trustee failed to exercise due diligence or to exercise
the legal standard of care required of fiduciaries.
(c) The Trustee shall not be liable with respect to any action
taken or omitted to be taken by it in good faith in accordance
with the direction of Collier County, as the case may be,
relating to the time, method and place of conducting any
proceeding for any remedy available to the Trustee, or
exercising any trust or power conferred upon the Trustee,
under this Trust Agreement.
(d) No provision of this Trust Agreement shall require the
Trustee to expend, advance or risk its own funds.
(e) The Trustee may rely upon and shall be protected in acting or
refraining from acting upon any resolution, certificate,
statement, instrument, opinion, report, notice, request,
direction, consent, order, or other paper or document
reasonably believed by it to be genuine and to have been
signed or presented by the proper party or parties.
7. Compensation and Reimbursement.
7.1 Collier County agrees:
(a) to pay to the Trustee from time to time such compensation,
including, without limitation, its annual administrative fee, as
shall be agreed upon in writinL, for all services rendered by it
10
11B
hereunder, provided, however, that no such compensation
shall be paid from the Principal; and
(b) except as otherwise expressly provided herein, to reimburse
the Trustee upon its request for all reasonable expenses,
disbursements and advances incurred or made by the Trustee
in accordance with any provision of this Trust Agreement
(including the reasonable compensation and the expenses and
disbursements of its agents and counsel), provided any such
expense, disbursement or advance is not determined to be
attributable solely to the Trustee's negligence or bad faith
and that the reimbursement or advance shall not be paid from
the Principal.
7.2 Collier County shall also pay the Trustee reasonable compensation
for the reasonable attorneys' fees and expenses of Trustee's counsel
when expended in furtherance of this Agreement. County shall pay
such fees and expenses when due, and County shall indemnify the
Trustee (and its respective successors, agents and servants) and hold
the Trustee (and its respective successors. agents and servants)
harmless against any liabilities, obligations, losses, damages,
penalties, claims, actions, suits and costs which it may incur in the
exercise and peribrmance of its powers and duties hereunder except
with respect to the Trustee's gross negligence or willful misconduct.
The Trustee shall have no duty in connection with its responsibilities
hereunder to expend or advance its own obligation or funds.
1 1
1 1 B
IN WITNESS WHEREOF. the Grantor and the Trustee have signed and executed this
Trust Agreement as of the date first written above.
GRANTOR:
.
ATTEST: �� '� `� BOARD COUNTY MlSS)0NDlS OF
DWIGHT IL. , CLERK COLLIER
L. * �b ` � ~ t '
lK � ) �~'/- By� �'Ilk---r\
° led; (TOM BBNN(NG, CI- AN
' ^^m*to'Cjia, 4,,`,
jot in and legaIit
TRU�TEE: ``
` ` /\ /
/ . . ', - __�`
8y' I `— " - ' ^m�-~
. ' �~ -^--�r^v^ °~ . ______
Dmg*LFi8r . Clerk o the ./nzubCour of Col er County
IV
APPROVED:
oy:______
[irk::
U.S. Fish and Wildlife Service
Dute: __-
TRUSTEE'S CERTIFICATION
ate undersigned hereby acknowledges having read and understood the terms and
provisions of the fbrcgoing Trust Agreement. I hereby accept this appomtnlent as Fruslee
in my otheja! capacity as and on behalf oithe the Collier County Clerk of the Circuit Court.
and agree to hold. administer and distribute the Trust Estate in accordance ith the
provisions ol this instrument,
Doicd, dxisZ 2 day of& 20115
/ \^ '� -
1 / `
By: ~---� ' -
Dw/gztE. 1crkof the Circuit [ouh
I
17
118
Exhibit "A"
RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST
PROPERTY DESCRIPTION
The Resource Recovery Park Compensation Parcel consists of approximately 367.7 acres
located in Collier County, Florida, as more particularly described in the legal description
attached hereto.
LEGAL DESCRIPTION:
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF
SE( FION 30, TOWNSHIP 46 S0. PH RANGE 28 EAST, OF COLITER.
COUNTY, FLORIDA.
1 3
118
Exhibit "B"
RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST
AGREEMENT FOR SALE AND PURCHASE
IN5 IR 4806418 OR 4891 err 2407 stk*ate 3/4/2013 9.0Z. ' r1 t.
Or/IGHT . IWO(, CLARK Oi UK CIRCUIT COURT, COt I Lit COOVIT fOI4tU
are WO.',CI 1.4”4 13,0,1
Proprod by
:;0.4.7410:AT COLLIF.R 441,1rVer Belpedro,Esquire
TA.X IIIIENTITICATTat injtacs 0045318024B 0c,crrlsairice4 OtlIca of 111*County Attorney
1301 East Torreemi Trail
Naples,f solicits 34112
(2381 774,8400
AGREEMENT FOR SALE AND PURCIIASE
THIS AGREEMENT is made and entered into by and between MARILYN H,ADKINS,
AS TRUSTEE OF THE MARILYN H.ADKINS REVOCABLE TRUST UtDIT DATED
JULY a, 1997, on undivided one-eight (1t8) interest, *Setae address is 15232
Fiddlesticks Blvd.Ft.Myers,FL 33912,JOAN H.BICKEL,TRUSTEE OF THE JOAN
H.BICKEL LIVING TRUST DATED MARCH 29,2000,an undivided threeieights(318)
interest, whose address Is 15 Woodcreek Lane, Frisco,TX 75034, and HUGH E.
STARNES AND JUDY A.STARNES,AIKIA JUDY ANN STARNES,husband and wife,
an undivided one-han (112)Interest,whose address Is 3715 McGregor Boulevard.Fort
Myers, FL 33901, (hereirtafter collectively retorted to as "Settee). and COLLIER
COUNTY, a poetisel subdivision of the State of Florida, its successors and assigns,
(herernatter referred to as 'Cc/entre an undivided nineeefour pant fox (94 4%)
percent interest, whose address is 3301 Tamiaml Trad East,Naples,FL 34112,and
CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST,
INCORPORATED, a Florida non profit corporation, thereinafter referred to as
'CREW), an undivided two point six(5 6%)percent interest,whose address is 23998
Corkscrew Road,Estero,FL 33928,(hereinafter collectrrely referred to as"Purchaser).
WITNESSETH
WHEREAS, Seller is the owner of that certain patrol of reel property (hereinafte(
referred to as"Property"),located in Collier County,Stale of Florida,and being more
particularly described in Exhibit A attached hereto and (redo a part hereof by
reference,
WriEREA'S,Purchaser re desirous of purchasing the Property,subject to the conditions
and other agreements hereinafter set fotth,rod Sager is agreeable to such sale and to
such conditions and agreements.
.-
WHEREAS,in addition to tne conditions and other agreements herein set forth.County
twit lease back the Properly to Hugh E.Starnes,(hchnafier referred to as 'Lessee')
subject to the terms of a valid and triforcesela lease for cattier grazing
NOW.THEREFORE.and for and Ir,consideration of the premises and the respective
underlakings of the parties hereinafter set forth and the turn cf Ten Deets(510.01)1,
the receipt a"d sufficiency of which is hereby acknowledged,it is agreed its follows'
I ?,tql1LEJv-
0t In consideration of the purchase price art upon the terms and conceborte
hereinafter set forth, Seller shall sell lo Purchaser and Purchaser shall purchase
from Seller the Property,described in exnerit"A"
II, PAYMENT OF PURCHASE PRIcg
2.01 The purchase price (the'Purchase Price) for the Property shall be Five
Million Throe Hundred Thirty Two Thousand Dollars and No/100 Dollars
(95,332,000.00),(U.S.Currency)payable at time of closing
2.02 CHEW shall deliver to County a check made payable to Collier County
Board of County Commiseroners in the amount of Three Hundred Thousand
Dollars and No/100 Dollars($300,000), S.Currency)on or below the time al
closing
III. CLOSINQ
3,01 The Property shell be conveyed in its 'as is, where is, with all faults"
condition,subject only to the limited postelostng warranties hereafter stated
14
(
11B
rAra •�€`.l pc; 24d,4
C'1,.1.3S1i.,XT:aif' tOLLakft
TNY, :IITT/1r7CM'I ULD'eSr.R: a'o5}aFICW■C c CC?7Gi3te
3.02 The Closing (THE 'CLOSING DATE, 'DATE OF CLOSING, UR
'CLOSING')of the trariaaCtton shall be held on or be1Oro one hundred and twenty
(120) daye *allowing e*ecuhon or this Agreement by the Purchaser, untrrss
ealiended by rrwluaf written agreement of the parties hereto The Closing shot be
held at the Colter County Attorneys Office,Administration Suadlrg,3301 Tarnaarni
Trail East, Naples, Florida, The procedure to be followed by the parries in
connection with the Closing stall be as toApws,
3 021 Salter Thal convey o merltelable title frta of any son,encumbrances,
excceptions,or qualifications Marketable title shall be deternined according to
apptcabfe title standards adopted by the Fiends ear and in accordance with
law Al the Closing.the Seler shat cause to be delivered to the Purchaser
the Toms speed herein and the folb..'rn does and instruments rSuly
execr:ied and acknowti ged,in ecordab:form
3.0211 Joan H.Bickel.Trustee of the JOAn tI ticker twig Trust Plated
March 29.2000 the"Elickel Trusrl,shall execute and dearer a General
Warranty Deed at Crnsng for the prorate snare of the Property crhned
by the Bickel it
3.02122 )Mrifyn H Actions, Trustee of the Marilyn H. Adkins Revocable
Treat UJfttT dated July 8., 1997 tthe 'Adkins Truss'}, shall osecuto and
deaiver a General Warranty Aesd,at Casing for the prorate share of the
Property cwred b1+.'tl+.e Adkins Trust'
3.0213 Hugh E.Starnes end Judy A Starnes,alkta Judy Ann Starnes.
t,usband and wife!`(''StarrseS), seas execute and deliver a General
Warranty Deed at Closing for the prerata%hare of the Property caned
by the Starnes.
3.0214 Alt above VA iranty Deeds shat be In favor of the Purchaser
conveying tide to the Property, tree and clear of all talcs and
ei umbrances other than.
(a)The lien for cartel tees and issessznents
(b)Such Other easements,restracbons or condrt ens of record.
3 0215 Combined Purchaser-5411v t oar%statement
3,0219 A'Gap,'Tax Prorab?n, Owner's end Finn.Forsgn AI lday'it,'as
required by Section 1445 tot the Internal Reir.enue Code and as restored
by the hid insurance underwriter it order to unsure th°"gap"and issue
the poscy contemplated by the title insurance crammtment
3.0217 A W-9 Forst "Request for Taxpayer Wen?(hcotion and
Certification"as re:nand by the Internal Revenue Service.
30218 At Closing, Hugh E. Starnes shalt execute, a :now3edg* and
cleaver to County, in recordable form a valid and enforceable lease for
caste gracing. The terms of the executed lease shall be set froth In
Exhibit'f3',attached hereto
3 022 At the Cloning,t'se Purchaser,or its assignee,snag cause to era
delivered to the Serer the loltowiry.
3.0221 A negotiable instrument Couriy Warrant) in an amount equal to
the Purchase Preo No funds shalt be'frsbusod to Salter wail the Title
Company verifies that the stale of the title to the Property has not
changed adversely since the date of the lest endorsement to the
co^+antmenl, referenced +n Sector 4 011 thereto, and the Title
company is Irrevocably comrsssted to pay the Purchase Price to Seller
118
oil 4tj vo 29a9
VONSSRVATICN MUIR
TAX :DEVTIFICArIal NUKBEK; DC,CflUVWCA:
and to issue the Owner's Rd policy to Purchaser in accordance with the
commitment immediately after the recording of the deed
3.0222 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article Ill hereof, shall be subject to
adjustment for potations as hereinafter set forth
3.03 Each party shalt be responsible for payment of 05 own attorney's fee,s, Seller,
at its wee cast and expense,shall pay at Closing all documentary stamp taxers duo
rotating to the recording of the Warranty Deed,in accordance v•-lh Chapter 201 01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's tale to the Property. The cost of the Owners Form 13 Title Policy,issued
pursuant to the Commitment provided(Cr in Section 4 011 below,shall be paid by
Purchaser The cost of the title commitment shall also be paid by Purchaser,
3 04 Purchaser shall pay for the cost of recording the V`tarranty Deeds, Real
Property taxes shall be prorated based on the current year's lax with due
allowance made for maximum allowable discount homestead and any other
applicable exemptions and paid by Seller. if Closing occurs at a date which the
current year's millage is not fixed, taxes van be prorated based upon such prior
year's malage.
REQUIREANTS AND CONDITION
4,01 Upon execution of that Agreement by all Parties or at such other time as
specified within this Article,Purchaser andlor Seller as the case may be shall
perform Inc following within the tenes stated,which shall be conditions precedent
to the Closing:
4,011 Within fifteen(15)nays after the date hereof,Purchaser shalt obtain as
evidence of title an ALTA COntriiitmerg for an Owner's Title Insurance Policy
(ALTA Farm B.1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30)days, following
receipt of the title insurance corrunitnient to notify Setter in writing of any
objection to title other Ihen liens evidencing monetary obbgations, if any,
which obtigations shall be paid at'closing If the title commitment contains
exceptions that make the title unmarketable. Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4 012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner tariein required by this Agreement,the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title,Seller shall have thirty(30)days to remedy arty defects in order to convey
good and marketable title,except for liens or monetary obligeaons which will
be sairsfied at Closing. Seller,at its sole expense,shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period,Purchaser,by providing written notice
to Seller within seven (7)days after expiration of said thirty(30)day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall bo deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4 013 Seller agrees to furnish any existing surveys ci the Property M Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option,at its own expense,to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shalt be made based upon any
change to the total acreage referenced in Exhibit"A, unless the difference in
acreage revealed by survey exceeds 5%of the overall acreage. If the survey
provided by Setter or obtained by Purchaser, as certified by a registered
16
1 1 B
CONZERVATION COLLIER
TAX 1,0ENTIFICATION NUMIMK; 000410E:120C E 5'30530E0VA
Florida surveyor,shows: (a)an encroachment onto the property;or(b)Mat an
improvement located on the Property projects onto lands of others, or(c)lack
of legal access to a public roadway, the Pu rchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seiler
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway,within sixty(60) days of
receipt of said written notice from Purchaser Purchaser shall have ninety(90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7)days after expiration of said sixty(60)day period, may accept the
Property as it then is, waiving any objection to the encroachment. or
projection,or lack of legal access,or Purchaser may terminate the Agreement.
A failure by Purchaser to give wen written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Properly with the encroachment,projection,or lack of legal access,
4,014 Reservations of oil,gas,and mineral rights that exist in the chain of title as
well as applicable leases may affect Purchaser's use of Properly for
conservation purposes. Purchasers shall have fifty-free (55) days from the
effective dale of this Agreement to obtain releases of such rights to surface
exploration and mining orette. otherwise satisfy concerns that surface
exploration and mining will not occur on Property, or to otherwise terminate
this Agreement at no penalty.
V. INSP Cies RI''
5,01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection 'Period); 11,1 determine through appropriate
investigation that
1. Sod tests and engineering studies indicate that the Property can be developed
without any abnormai'demuckIng,soil stabilteation or foundations.
2, There are no abnormal drajoap or environmental requirements to the
development of the Property.
3. The Property is in oompeence with all applicable State and Federal
environmental laws and the Property is free from any polfutIce or
contamination,
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
502 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to wane the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall De deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents,employees and servants shall,at their own risk and
expense,have the right to go upon the Property for the purpose of surveying one
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall,in performing such tests,use due care. Seller shall be notified by
Purchaser no less than hventefour (24) hours prior to said inspection of the
Property.
1
1 1 B
ON 891 2911
CDNSERVAT:OX COLLIER
TAX Lmr:FICATIon NWARR: 00053090200 fi, E0034,
VI, INSPECTION
6.01 Seiler acknowledges that the Purchaser,or it authorized agents.shalt have
the right to inspect the Property at any time prior to the Closing
VII. POSelaejteN
7.01 Notwithstanding anything contained in the Agreement to the contrary, Seller
has advised Purchaser that some or all of the oil,gas,minerals and hydrocarbons
located at, In and under the Property (collectively, the 'Minerals"), have been
previously transferred only to the extortt set forth In reservations recorded In the
public records of Collier County and that to the best of SIACeS knowledge there
are no outstanding reservations, leases, or assignments of Mineral rights other
than the Oil, Gas, and Mineral Lease, dated March 15, 2007, between Hugh E.
Starnes and wife, Judy Ann Starnes and Wesley E. Weems. In any event,
Sellers reserve for themselves and their respective heirs, beneficiaries, legal
representatives, successors, and assigns, all of the Minerals not otherwise
previously transferred. The Deed used to convey the Property shall contain similar
reservation and the provisions hereof shall survive Closing,
7.02 Purchaser shall be entitled to full possession of the Property at Closing,but
not Inconsistent with the oil, gas minerel, or other reservations as sot forth in
Section 7 01,
7.03 At Closing, Seller seal execute, acknowledge and deliver to Purchaser, a
valid and enforceable lease for cattle grazing.
7.04 CREW acknowledge;and agrees tha County has full authority under the
terms of the lease described ie Section 3.,0218.These actions includ5,.but are not
limited to negotiation ariclexecietion of the lease described in Section 3,0218 as
properly executed by Seller,and to take any action reasonable and necessary as
lessor of the Properly,including a renewal a the lease term.
7,05 CREW hereby treesier;and assigns to county all panther mitigation units
that may be received from U.S,'Fish and Wildlife Service. CREW acknowledges
and agrees that it will reasonably'cooperate with County to the extent necessary to
ensure that County is eligible and able to receive the marrnum panther mitigation
units allowable.
VIII.PRORATIONS
8.01 Ad valorem taxes next due and payable,after closing on the Property, shall
he prorated at Closing based upon the gross amount of 2006 taxes,and shall be
paid by Seller.
IX, T.ZMINAT1ON ei • .0 .
9.01 If Seller shall have failed to perform any of the covenants end/or agreements
contained herein which are to be performed by Seller, within ten (10)days of
written notification of such failure, Purchaser may, at it option, terminate this
Agreement by giving written notice of termination to Seller, Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement,
9.02 If the Purchaser has not terminated This Agreement pursuant to any at The
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fads to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's solo remedy,
Seller shall have the right to terminate and cancellers Agreement by giving written
notice thereof to Purchaser,whereupon Ten'Thousand Dollars($10,000.00)shall
be paid to Seller as liquidated damages which shall be Seller's sole and exclusive
18
118
4841 PG 2912
MNSVPVATION C0LL11R
IMITIPICA7ION YUrPER: COOS:309170D S VO!",)C000.0e
remedy, and neither party shall have any further liability or obligation to the other
except as set forth in paragraph 12,01,(Real Estate Brokers),hereof. The parties
acknowledge and agree that Seller's actual damages in the event of Purchaser's
default are uncertain In amount and diffeult to ascertain.and that said amount of
liquidated damages was reasonably determined by mutual agreement between
the parties,and said sum was not intended to be a penalty
9,03 The parties acknowledge that the remedies described herein and In the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take Into account the peculiar risks and
expenses of each of the parties.
X. SELLER'S ANS)PURCHASER'S REPRESENTATIQNS ANP WARRANTIES
10,01 Seller and Purchaser represent and warrant the following:
10,011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder, Seller is not presently the sub,'/ect of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to exeeute, clothier, and perform its obligations under this
Agreement and the Inelniments execulefi,in connection herewth, and to
consummate the kandactket contemplated hereby. Alt necessary
authorizations and approvals have been oetained authorizing Seller and
Purchaser to execute and Consummate the transaction contemplated hereby.
At Closing,certified eoplea,of such approvals shall be dewered to Purchaser
and tor Seller,if necessary.
10.013 The warranties set forth in this Section shell be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed
to the said Property shall not be deemed to be full performance and discharge
of every agreement and obligation on the pan of the Seller to be performed
pursuant to the provisions of this Agreement,
10.014 Seller represents that II has no knowtedge of any actions,suits,claims.
proceedings, litigation or investigations pending or threatened against Serer,
at law,equity or in arbitration before or by any federal,state,municipal or other
governmental instrumentality that relate to this agreement or any other
properly that could, if continued, adversely affect Seller's ability to sea the
Property to Purchaser according to the terms of this Agreement
10,015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Unlit the dale fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents,without any independent investigation,that it has no
present,actual knowledge that
1. Incinerators, septic tanks or cesspools are located on the Properly; all
waste,if any,ts discharged into a public sanitary sewer system,
2, Any pollutants are or have been discharged from the Property,directly or
indirectly into any body of water;
•
19
1 1 B
OP 4591 PG 2913
CON3ERVATION COLLIER
TAX !CERTIF:CATION NUMBERt 00G 530900C L (1405:0000E
3. The Property has been used for the production, handling, storage.
transportation, manufacture or disposal of hazardous or lox:substances
or wastes,as such terms are defined in applicable laws and regulatiOne,
4. Hazardous or toxic substances are currently used in connection with the
operation of the Property;
5, There is any pending proceeding or inquiry by any authority with respect
thereto;
8. There Is ground water contamination on the Property,
7. Storage tanks for gasoline or any other substances are or were located on
the Property;
6. Any of the Property has been used as a sanitary
9, The Property and Sellers operations concerning the Property are in
violation of any epplieikee Federal,State or local statute,law or reputation;
10.Any notice from any governmental body has been served epee Seller
claiming any violation of any law,ordinance,code or regulation or requiring
or calling attention to the need for any week, repairs, constructien,
alterations or installation on or in connection with the Property In order to
Comply with any laws, ordinanCes, codes or regulation with which Seller
has not complied.
10.018 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there ace,,,n0 maintenance, constructioe, advertising,
management, leasing ampioyment, service or other contracts affecting the
Property.
10,019 Seller has no knowledge that there are any suits,actions or arbitraten,
bond issuances or proposatre literate,'proposals for public improvement
assessments, pay tack agreerreets pevieg agreements, road expansion or
improvement agreements utility rnetatoriurnee use moratoriums,improvement
moratoriums, adreinistrative or other ploceedings or governmental
investigations or 'requirements, formate or infernal, existing or pending or
threatened which Et-fleets the Property or which adversely affects Seller's ability
to perform hereunder'nor is there any other charge or expense upon or
related !o the Preperty Which eas not been if sclos-ed to Purchaser in wiling
prior to the effective date of tfiliAgreernent.
10.020 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from Is existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore,Seiler agrees
riot to enter Into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change In the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having Jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10 021 At the Closing. Seller shall deliver to Purchaser a statement
{hereinafter called the 'Closing Representative Statement') reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing for a period of one el) year. Each of the foregoing
representations is made to Seller's actual, current knowledge but without any
investigations or analysis and Purchaser is encouraged to engage such
inspectors and environmental site assessors as Purchasers requires in order
to independently verify the condition of the Property within the Inspection
Period
20
lie
ON 1691 Pe 7914
CONSVIIVF7:0C C*1.4,tER
Tax rralc.•:FICATICI7 17.7,311g, co:I51C.90110 1.100f,)O4Cotli;
10.022 Softer agrees to indemnify, reimburse, defend and hold Purchaser
harmless from any and all costs "lulling attorney's fees)asserted against.
imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the breach of any of Seller's representations provided above.
This provision and the rights of Purchaser,hereunder,shell survive Closing far
a period of one(1)year.
10,023 Any to smiler damage to the Properly between the dale of this
Agreement and the date of Closing shall be Seller's sole risk and expense
Xl. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by feminine with
automated confirmation of receipt,or by registered,or certified mail,return receipt
requested,postage prepaid,addressed as follows
It to Purchaser Alexandra Solecki.Coordinator
Conservaton Collier Land Aoluilition Program
Corker County Facilities Department
3301 Tamiami Tail East
Naples,Florida 34112
If to Purchaser: Dr John Murray,Executive Directct •
Corkicrew Regional Ecosystem Watershed Land
&Water,Trust Inc,
23998 Corkscrew Road
Estero,Fl. 13928
Telephone rtenber 239-557-2253
Fax number 239-657-8392
With a copy to Cindy tut Erb,Senior Property Acquisition Specialist
Collier County Real Estate Services
AdMinistralion Building
3301 Tenvarnt Tree Easi
Naples,Florida 34112
Telephone number:239-774-8991
Fax number: 230-774-8676
tf to Seller Marilyn H.Adkins,Ti.
15232 Fiddlesticks Blvd_
Fort Myers,FL 33912
Telephone number: 230-768-0993
Fax number
If to Seller: Joan 11.Bickel,Ti
15 VVoodcreek Lane
Frisco,TX 75034
Telephone number 972-625-2279
Fax number rtif
If to Seiler: Hugh E.&Judy A.Starnes
3715 McGregor Boulevard
Fort Myers,FL 33901
Telephone number: 239.335-2257
Fax number. 239.335-2586
11,02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in Ihe manner provided herein For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for ell purposes,
1
1 1 B
ue 4.691 PI, ;.',10
MOVERVATICV 7)t,LIta
TAA zotirertrzersercir evireci. °wilesex CUP4)?4.1:011,
XII. R • A • z•is RS
12 01 Any and all broattrage COmmtssions or fees shale to Me sole respomsibriity
of the Seger. Seller shag indemnify Purchaser and hold Purchaser riarmless from
and against any clean or babriity far commission or koala nay broker or any the
person or party eta/rang to have been engaged by Seller as a real estate broker
salesman or representative, in creenocton with this Agreement Seller agrees to
pay any and alt cOmmisoons or fees at Msong pursvuld to the terms Of
separate agreement,d any
KIlL MISCE
13,01 the Agreement may be executed in any manner of counsarpars which
together shall Peristeute the agreement of the parties.
13,02 This Agreement and be terms and proveziorts hereof shall be effective as ot
the date this Agreement is executed by both parties and shall rratre to the benefit
of and be binding upon the parses hereto and their ritspectrue heirs, executors,
personal representatives; successers, successor trustee, and assignees
whenever Iry context so requires or admit 5,
13,03 Any amendmatti to thes Avegmen1'hail not bind any of[ho parties hereof
unless such errendnuml.Is In writing and astatutitel rind dated by Purchaser and
Serer Any amendment to this Agreement shag'be birving upon Purchaser and
Setter as soon as it has teen executed by both pathos
13 04 Captions and strOgart headings coelained in this Agreement are for
convenience and talon:trio orify, in no way go they define, describe, extend or
limit the scope or inland of sole Ageaeineel or any provisions hereof
13 05 All terms and 41/Pros used in this Agreement,regardless of the ntimeier and
gender in which used,Oat be dimmed to include any other gender or number as
the contest or the use thereof may requiter
13 00 No waiver of any provision of this Agreement shalt be effective vt11 $it 4 al
WW1 srgned by the party against whom a is asserted, and any waiver at any
provision e this Agreement shall be applicable only to the spetlfc instance to
which It is related and sit not be deemed to be a coriir1i1 or tutura warver as
to such provision or a waiver as to any other provision
13 01 If any dare specified ii MI Agreement falls an a Saturday, Sunday or copal
holiday, then the data to which such reference is male shall be eirtended to the
nest suceeedimg butrie$;day.
13 08 Seat is aware of and understands that the'offer to purchase roVesented
by this Agreement is subject to acceptance and approval by The BOCIrti ot County
Commissioners of Collier County.Florida,
13 00 ft the Setter holds the Property in the form of a partiseeship, hinted
partnership. corporation, trust or any lorm of representative capeoty whatsoever
for others,Seller stud metre a written public disclosure,according to Chapter 25.0.
Florida Statutes, under oath, of the ramp and address of every person having a
beneficial interest in the Property before Property held on Dirch capacity is
conveyed to Collier County. If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes,whose stoca is for sale to the general public, 1 Is •ieletry exempt from
the provrszons of Chapter 2136,Flanda Statutes)
13.10 Thi Agreement is governed and construed In accorciarrco with the rapis Dl
the Slate of Florida
-)?
11B
lip 4891 Ka 2916
DISZERVATICN COLLIER
TAX IDENTIFICATION NUMDM OCCSO4A0200 00651040Ce&
COM1',ERVA710N COLLIER
77X IDENTIFICATION wrtms: 000510002119 001153060W
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement
IN WITNESS WHEREOF,the parties hereto have signed below,
Dated Protect/Acquisitton Approved by 8CC: 7.Jdita;4,b12,7): /Di/
AS TO PURCHASER:
ATTEST: . BOARD OF COUNTY COMMISSIONERS
DWIGHT E BROCK,Clerk COLLIER COUNTY,FLORIDA
„.
Lart 'PO s BY:
= • rift* to cuIrSAMAYelier14 • .1. • Chi an
slantitai ofit
AS TO_PURCH4,k,SER:
DATED:
WITNESSES CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER
t TRUST.INCORPORATED,a Florida non
profit corporation
(Signature)
.3-Di4OSOT
(Printed Name) .
BY: a
Ray.Jud Cfj Inman
( gnature)
CA/ez.157.7/i) S . izeZ y
(Printed Name)
118
ON 001 Pc, Z91..7
C7W411VAT:nN MILLItA
:tvrtlr:CAT:(44 NVVYEK OMIQUINUO GUD5MICI:C5
RECEIVED
A„ To . R JUL $ 7037
DATED 7 -.57 o REAL ESTATE SERVICES
WITNESSES
4 .
(Signature) HUGH E STARNES
ikrOler
(rrreed Name)
Skitnature) '
iPonted Nome)
AS TO SRER:
DATED 7
WITNESSES
„1- 1-4S r/.-,- ..‘- 12. SY:
(SKIPArure) JUDY 6 STABINES aMa JUDY ANN STARES
Deli • -
(Printed Nagle},
(Signature}
elf 41)/)./Zr
(Punied P,,larne)
24
118
OR 4891 416 2918
COnlERVATTON CQUA441
TAX u4sTI,ICATICn NUP4t* I4M)C41-0.1.-Ot' 4 t{.14`.1t)04VOOt
AS TO SELLER
DATED' --
WITNESSES
tonature) MAR LYN 14 AKINS AS TRUSTEE
OF THE MARILYN H ADKINS
V,
/ t iq REVOCABLE TRUST Mit DATED
(Platted Nam ) JULY 8, 1997
#(.freafi
(skit; e)
toe, , czA /7,44_
(Printed ame)
25
1 1 B
OR 4841 vi 2914
cONSERVATION COWER
TAX IDERTTr7cAricu uumsER1 001153080200 ; 00051nROU6
AS TO SELLER:
DATED: 45 v%Ai S ■ 1.4 0.1
WITNESSES:
By:
(Stglibture) ..1• r4 H.BICKEL,TRUSTEE
t THE JOAN H. BICKEL LIVING
5 A-t-„. TRUST DATED MARCH 29, 2000
(Printed Name)
---- — --z-_- , ---,..,,
(S[gnature)
Saza nett. (3-......:4, ..... ___.
(Printed Name)
, -
Approved as to form pad
legal sufficiency;
- .
J-4er A. e4 „.....„......4.......„,.... _ ,..... ...... .
en 1pk:o
Assistant County ttomey
26
,, , ,
118
..4 OR 48.91 Pr, Z920 4*"
MNStRV,NTION COLLIER
TXX IaENTIFICA7ION rumml n0510113200 E. 700530FM:1S
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00063060006
LEGAL DESCRIPTION:
WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE
28 EAST, OF COLLIER COUNTY. FLORIDA.
AND
PROPERTY TAX IDENT)FICKU°N NUMBER 00051050200
LEGAL DESCRIPTION:
NORTHWEST QUARTER(NW1/4) OF NORTHEAST QUARTER (NE1/4)
OF SECTION 30, TOWNSHIP 40 SOUTH,, RANGE 26 EAST, OF
COLLIER COUNTY,FLORIDA.
EXCEPT SELLERS RESERVE:ANY OIL,GAS,AND MINERAL, RIGHTS
OWNED BY THEM AS SET FORTH IN'ANY PREVIOUSLY RECORDED
DEED.
118
Exhibit"C"
RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST
INTERLOCAL AGREEMENT
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
This Agreement is entered upon this 134 day of 2011, by
COLLIER COUNTY. a political subdivision of the State of Florida, its successors and assigns.
(hereinafter referred to as "COUNTY"), whose address is 3299 Tannami Trail East, Naples, H.
34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND
WATER TRUST, INCORPORATED, Florida non-profit corporation, (hereinafter
referred to as-IRE:SI-), whose address is 23998 Corkscrew Road, Estero. FL 33928.
WITNESSETH
WHERE:AS, the COUNTY owns an undivided ninety-four point four (94.4%) percent
interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically
described in Exhibit -A"attached hereto and incorporated herein by referenee CProperty-); and
WIIERFAS. the ERI1ST owns an undivided live point six (5.6°/.0 percent interest of the
Property; and
WI IFREAS, the COUN IN is required to manage the Property in perpetuity, as set lorth
in Collier County Ordinance No 02-63, as amended.
NOW, THEREFORE, for good and valuable consideration, the COUNTY and the TRl,,,'S'T
hereby mutually agree:
1, That the TRUST authorizes the COI[NIX to unconditionally use us undivided live point
six (5.6%) percent interest of the Property for the purposes of restoration and
management for the benefit of present and future generations.
2. That the TRusr authorizes the COUN FY to enter into agreements with other
governmental agencies in order to implement management activities outlined in the
Caracara Prairie Preserve Habitat Management Plan,
3. That all the terms herein contained run with the land and shall inure to the benefit of and
he binding upon the parties hereto and their respective executors. administrators. personal
representatives, heirs, successors, and assigns.
4 1 hat CREW has no liabilit y. or responsibility fir the management of the Property
5 1 hat CREW will not benefit in any way from the Property, nor assume the responsibility
for funding management of the Property.
28
118
IN WITNESS WHEREOF, the COUNTY has hereunto set its unauthorized hand and seal as
of this date and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. B143 ,..CLERK OF COLLIER COUNTY,FLORIDA
•
/mill FRED W. COYLE, CHAT AN
• •„
Approval fortortiii-aYar legal Sufficiency:
Jerirlittr B. White
Assistant County Attorney
AS TO CREW: CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER TRUST,
DATED: `g 1_151\k INCORPORATED, a Florida nonprofit
corporation
WITNESSES: (S try ,'e)
(Printed Name 4 Add,
• _AF dir
EgettitA , I 't BY
.ill Hammond,Chairman
(Signature)
(Printed e
Arir
St-phen A. Walker, Esq.
Approved as to form and legal sufficiency:
29
118
Interlocal Agreement- EXHIBIT A
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W 1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA,
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NW 1/4) OF NORTHEAST QUARTER (NE1/4) OF
SECTION 30, "FOWNSHIP 46 SOU Ill RANGE 28 EAST, OF COLLIER
COUNTY, FLORIDA.
30
118
Exhibit "I)"
RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST
CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN
3
116
Caracara Prairie Preserve Habitat Management Plan
Introduction
Collier County (County) has acquired the Caracara Prairie Preserve for conservation purposes
and proposes to use the property to offset impacts to the Florida panther (Puma concolor coryi)
(panther) from the construction of the Collier County Resource Recovery Park. The Caracara
Prairie Preserve (Preserve) will be managed for conservation, protection, and enhancement of
natural resources and tbr passive and compatible public outdoor recreation.
Biological Goals
The biological goals are to (1) protect, manage and restore (as appropriate) the native habitats on
site, and (2) monitor management activities as they affect the panther, native vegetation, and
wildlife,
Objectives
The Preserve will be managed for conservation and recreational uses by
1. maintaining upland, invasive, exotic vegetation at a manageable level;
2. maintaining pasture through cattle rotation, mowing, and burning;
3. maintaining forested land through prescribed fire regime; and
4. conducting scheduled, controlled hunts for feral hogs and turkey
The value and integrity of the Preserve will be maintained by
1. marking the property boundaries with conservation land signs;
2. gating the property to reduce uncontrolled access; and
3. conducting routine law enforcement patrols.
Strategy
The Preserve was selected and designed to provide conservation value to the panther and other
threatened and endangered species in Collier County, and provide passive recreational
opportunities to local citizens.
An active management plan is proposed to restore native communities where feasible and control
invasive plants. Sufficient funds will be set aside to maintain these ecological improvements in
perpetuity.
32
118
Site Description
The 367.7-acre Caracara Prairie Preserve is located at 2320 Corkscrew Rd. in Immokalee,
Florida (Figure 1). The northwest corner of the property is approximately 13.5 miles east of
Interstate 75 on Corkscrew Rd. The property is located in Section 30, Township 46, Range 28.
the bulk of this property is designated as "open space" in the Rural Lands Stewardship Area
(RLSA) (Collier County 2007). A small portion, approximately 50 acres, is within the RLSA
Habitat and Flow way Stewardship Areas. The property has mixed-land use designations
consisting of improved pastureland, former cultivated areas, wetlands, and wooded areas.
The Caracara Prairie Preserve is bordered by CREW lands to the north, east and south. These
lands are designated as conservation areas and were acquired by the South Florida Water
Management District (SFWMD) with funds from the Save our Rivers Program. These lands are
mandated to be managed in an environmentally acceptable manner and restored to their natural
state. SFWMD may make certain capital improvements, i.e. fencing, access roads/trails, and
provide basic public facilities on their lands. In addition, habitat management such as control of
exotic species and prescribed burning may be conducted. The legislation (373.59 F.S.) also
requires SFWMD to develop appropriate public use. The Caracara Prairie Preserve is bordered
by active agriculture to the west. These lands are within the Lee County boundary.
Several historical sites are located nearby but no sites were identified on the Caracara Prairie
Preserve (Figure 2). The Caracara Prairie Preserve is not within an area of historical and
archaeological probability, and the Florida Department of State Division of Historical Resources'
Master Site File lists no known historical or archaeological sites on the property (Appendix A).
If evidence is found to suggest that any archaeological or historical resources exist on site, the
County will notify the Division of Historical Resources immediately. Where resources are
identified on-site, staff shall cordon off the area, and a professional survey and assessment shall
be instituted. The archaeologist shall prepare a report outlining results of the assessments and
issue recommendations to County staff about management of any sites discovered, per
provisions of the Land Development Code Section 2.2.25. This report shall be sent to the
Division of Historical Resources. The County shall cooperate fully with direction from the
Division of Historical Resources on the protection and management of archaeological and
historical resources. The management of these resources will comply with the provisions of
Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b).
Portions of the property were used historically for the cultivation of row crops. "Fhe property
was undeveloped prior to the 1950's. A Phase I and II Environmental Site Assessment
performed by URS Corporation in October 2007 identified five areas on-site totaling
approximately 105 acres that were formerly used for agriculture (URS Job No.: 38616-724).
Furrows used in row crop cultivation are still present on the property. Historical aerial
photographs indicate that the cultivation was conducted between the 1950's up until the 1970s.
Pesticide levels found by URS within the pasture soils were not high enough to warrant concern
regarding the use of the property as a conservation area(URS Job No.: 38616-724).
33
1 1 B
Project Area Applicability for Mitigation
the Preserve is located within Florida Fish and Wildlife Conservation Commission (MC)
Priority 1 Habitat :for Florida Panther and within the U.S. Fish and Wildlife Service (Service)
Panther Focus area with about 67% of the Preserve in the Primary Zone and 33% in the
Sc /one (Service 20O7) (Figure 3). The property is surrounded on the north, east, and
south sides by conservations lands, and is made up of habitat suitable for the panther. In addition,
a least-cost panther dispersal pathway crosses the southern portion of the property (8woinoouct
a[ 2005).
Physical
The Caracara Prairie Preserve is located in the Corkscrew Regional Ecosystem Watershed
(CREW). CREW is a 60,000'uon: watershed spanning Lee and Collier Counties (Figure |).
CllEW's 5.000- acre marsh is the headwater for the entire watershed and is located north of the
Caracara Prairie Preserve. I listorically the property was primarily pine Uu|v.00dound .freshwater
marsh(Davis |907).
Soils
The property is composed of'seven major soi} types(Tob|el) ofxhicbo /a< uceonu-bYddo
(Figure 4). 'T'he soil types indicate the historical habitat types were mesic flatwoods and wet
prairie.
Table I. Soil types, area, and expected habitat of the Caracara Prairie Preserve.
Boil Acres K0#bitut_
Basinger Fine Sand 1.8 Byddo Flat wood
Cbobcc; Winder: And (lator Soils; Depressional 41.7 Wet Prairie
|rnnooku|weGuod 50.9 K{cuic }latwood
Riviera Fine Sand; Limestone Substratum 50.1 Wet Prairie
TuycuwiDuFinc Sand 9.1 Hammock
VVabanxnSund 211.7 MeyieFlatwood
Winder; Limestone` ' ` '
2.4 Marsh
Depressional
/
Zabioucioi2007
34 ` / /`
1 1 B
Vegetation
Seven vegetation types were identified by Boylan Environmental Consultants, Inc. staff in
February 2013. The vegetation types, per Florida Land Use, Cover and Forms Classification
System (FLUCFCS) (FDOT 1999), are described below (Figure 5). Plant common and scientific
names follow Wunderlin and Hansen (2008).
Improved Pastures (211) — 87.21 acres. These areas are dominated by bahiagrass
(Paspalum notation) seeded for cattle :forage. Most pastures are in fair to good condition.
The pastures also contain smutgrass (Sporoboius indicus), doglennel (Eupatorium
capillifolini), wax myrtle (Ityrica serif and other weedy undesirable species. Plant
composition transects show an average of 60-70% bahiagrass and 30-40%
weedy/undesirable species.
Woodland Pastures (213) — 93.28 acres. These are forested lands that are used as
pastures. The dominant canopy species within these lands include cabbage palm (Saba/
palmetto), slash pine (Pima elliottli) and wax myrtle.
Pine Flatwoods (411) — 44.98 acres. The I'latwoods areas are mainly composed of slash
pine, saw palmetto (Serenoa repens), oak (Quercus spp.), wax myrtle, broomsedge
bluestem (Andropogon virginicus), .lorbs, and sedges. Blue maidencane (Amphicarpum
muhlenbergianum) and chalky bluestem (Andropogon virginicus var. glaucus) are
desirable grasses found in this habitat, and also good indicators of site condition. Most
flatwoods are in fair condition.
Oak-Pine-Cabbage Palm (42 ) — 49.29 acres. This is a mixed forest community in which
no single species is consistently dominant. However, this is a predominantly hardwood
forest type in which various southern pines are major associate species. Major component
species of this community include oak, slash pine, and cabbage palm. This community
has been fire suppressed within the Preserve for many years.
Wetland Shrub (631)—2.00 acres. This community is associated with topographic
depressions and poorly drained soil. Associated species include willow (Salix
caroliniana), and other low scrub with no dominate species. Berms and ditches
surrounding this community appear to have led to its existence. Judging by historical
aerials, this area was most likely wet prairie prior to manmade hydrologic alterations that
occurred in the 1960's.
Freshwater Marsh (641) — 31.69 acres. These areas are dominated by wetland plants and
flooded for most of the wet season. These arc very important habitats for many wildlife
species. Most wetlands are in fair to good condition. Plant composition includes:
maidencane (Panicum hemitomon), Wright's nutrush (.,Scleria hicustris), trompetilla
(West Indian marsh grass Hymenachne amplexicaulis), torpedograss (Panicum repens),
pickerelweed (Pontederia cordata) primrosewillow (Ludwigia spp.), sedges, smartweed
(Polygonum spp.), and marshpennywort (Hydrocoiy/e spp.). Wright's nutrush,
.frompetilla and torpedograss are invasive species
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Wet Prairies (643)— 54.61 acres. These areas are composed predominately of grassy
vegetation on hydric soils and are distinguished from the marshes by having less water
and shorter herbage. Plant composition includes primarily maidencane and cordgrass
(Spartina baked). Wright's nutrush and torpedograss also present in some sections of
wet prairie.
Biological Resources
No listed plant species have been directly observed on the property (Coile and Garland 2003).
Listed animals for the area are summarized by Gruver(2007) and USFWS (1999).
The following listed wildlife species have been observed on the property: Florida panther(Puma
conciliar corn ) Federally-designated Endangered (FE); Audubon's crested caracara (Polyborus
plancus audubonii) Federally-designated Threatened (FT): Florida sandhill crane (Gras
canadensis pratensis) State-designated Threatened (ST); Big Cypress fox squirrel (Sciurns niger
avicennia) ST; gopher tortoise (Gopherus polyphenius) ST; limpkin (Aramas guarana) State
Species of Special Concern (SS(.): snowy egret (Egretta gado) SSC; American alligator
(Alligator mississippiensis) FT because of similarity of appearance.
The observed habitat and location supports the presence of numerous freshwater wetland
dependent listed bird species including woodstork (Mycteria americana) FE.
Species to be covered
The Florida panther will be covered by this Habitat Management Plan. Collier County reserves
the right to add the crested caracara to the covered species in the future if conditions on the
Preserve property are consistent with Service policy for caracara compensation when the policy
is completed.
Local Habitat Requirements
Florida Panther - Panthers use the mosaic of habitats available to them as resting and
(learning sites, hunting grounds, and travel routes. These habitats include cypress swamps,
hardwood hammocks, pine flatwoods, seasonally flooded prairies, freshwater marshes, and
some agricultural lands. The cover habitats in south Florida used most often by the panther
include: hardwood swamps, tree islands or hammocks, and pine flatwoods with dense
palmetto. These cover areas are important for denning and rearing of young. Dense
understory vegetation comprised of saw palmetto provides some of the most important resting
and denning cover for panthers (Maehr 1990).
Panthers sometimes utilize nonforest cover types, including areas disturbed by humans
(Belden et al. 1988, Maehr et al. 1991. Comiskey et al. 2002). Forest patches of all sizes
appear to be important components of the landscapes inhabited by panthers, not just the larger
forest patches.
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Panther habitat selection is related to prey availability (Janis and Clark 1999, Dees et al. 2001)
and, consequently, prey habitat use. White-tailed deer (Odocoileus virgrinianus) and hogs (Sus
scrofa) constitute 67% of the panther diet. l::xotics [hog and armadillo (Dasypus
novemcinctus)] account for almost half of the panther diet. Hardwood hammocks and other
forest cover types are important habitat for white-tailed deer and other panther prey (Harlow
and Jones 1965. Belden et al. 1988, Maehr 1990, .Maehr et al. 1991. 'Maehr 1992. Comiskey et
al. 1994, Dees et al. 2001). Periodic understory brushfires (Dees et al. 2001) as well as
increased amounts of edge (Miller 1993) may enhance deer use of hardwood hammocks, pine,
and other forest cover types. Marshes, rangeland, and low-intensity agricultural areas support
prey populations of deer and hogs (Comiskey et al. 2002. Beier et al. 2003, Comiskey et al.
2004, Beier et al. 2006).
Site Habitat Available
Florida Panther The entire Caracara Prairie Preserve (367.7 ac.) is located in the Panther
Focus area north of 1-75. Panthers living north of 1-75 weigh more, produce more kittens, and
raise more young than panthers to the south (USFWS 2006). Approximately 94.3 ac. of the
Caracara Prairie Preserve consists of pine flatwoods and oak-pine-cabbage palm, preferred cover
habitat of the Florida panther. The 268.8 ac. of improved/woodland pasture and scattered
wetlands are suitable habitat for prey populations of deer and hogs.
Credits Criteria
Florida Panther- Based on recent publications (Cox et al. 2006, Kautz et al. 2006, land et al.
2008) values were assigned to the habitats. The proposed panther credit follows the panther
habitat units (P1 Its) assigned the each habitat type on-site (Table 2).
Table 2. I labitat category, value, area. and panther habitat units (PHU) for the Caracara Prairie
Preserve.
Habitat(FLUCFCS) Value Acres PHU
Industrial (150) 0 1.58 0
improved Pasture (2 11) 5.2 87.21 453.492
Woodland Pasture (21 3) 5.7 93.28 531.696
Pine Flatwoods (411) 9.5 44.98 427.31
Oak-Pine-Cabbage Palm (423) 9 49.29 443.61
Other Surface Waters (500) 0 1.01 0
Wetland Shrub (631) 5.5 2.00 11.00
Freshwater Marsh (641) 4.7 31.69 148.943
Wet Prairie (643) 4.7 54.61 256.667
Roads (814) 0
2.10
TOTALS 367.75 2,272.72
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No habitat restoration is proposed at this time. Thus, 2,272.72 PITUs will be released upon
permit approval. The County reserves the right to request additional credit if pasture restoration
is undertaken, or alternatively the County may seek outside funding to complete the pasture
restoration to native conditions. In the second case no additional panther credit will be
requested.
Service Area
The Service Area for Florida panther will be Collier County (Figure 6). Credit will only be used
(..7ounty projects.
Land Protection
On December 17, 2007, Collier County and the CREW Land and Water Trust acquired the
Caracara Prairie Preserve. The County's land acquisition program Conservation Collier spent
$5,032,000 and the CREW Land and Water Trust spent $300,000 towards the purchase of the
property. Collier County and CREW Land and Water Trust share title to the Caracara Prairie
Preserve, The property was purchased for conservation, protection, and enhancement of natural
resources and for passive and compatible public outdoor recreation. Additionally a conservation
easement over the Caracara Prairie Preserve will be granted to the Florida Fish and Wildlife
Conservation Commission (MC) with the Service as a third party to the agreement.
Management
Collier County will be responsible for: (1) upland, invasive, exotic plant maintenance after initial
removal (initial removal was completed on May 31, 2008), (2) external fencing, (3) fire break
creation and maintenance, (4) burn plans and prescribed burns, (5) posting. (6) vegetation
monitoring, and (7) wildlife monitoring. Collier County's cattle lessee shall maintain any
necessary internal fencing required to implement the Prescribed Grazing Plan (Appendix 13).
'MC will be responsible for all administrative and managerial duties related to public use (i.e.,
passage of regulation changes, annual publication of area brochure. bag limits) during the
periods of allowed hunting.
The annual estimated operating costs include maintenance, management, and monitoring costs.
Table 3 outlines the costs of major activities through 2018. All dollar figures are estimates and
will be reviewed from time to time and increased, if necessary, to ensure that all costs of
managing the Preserve will be covered.
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Table 3. Annual operating costs tbr the period 20|4thn /ok2O2UDartbc [aruoaruPruhc
Preserve.
----
ACTIVITY FY14 FY15 FY16 FY17 FY18 FY19 FY20
Prescribed fire $5.000 $5.000 $5.000 $5.000 $5.000 $5.000 G6.000
Fire break creation $30.000
Mowing $6.000 $6,000 $6.000 $6.000 $2.500 D2.500 S2.500
Exotics $50.000 S50.000 $25.000 810.000 02.500 S2.600 S2.500
FWC CE monitoring $1.300 $1.300 $1.300 $1.300 $1.300 S1.300 $1,300
Clerk's fee $7.600 $7.600 $7.600 $7.600 $7.600 $7.600 $7.800
Monitoring $5.000 S5.000 $5.000
$90.900 $69.800 $44.900 S23.800 $23.900 $23.900 $23.900
uuoouLYencnt Trust
Collier County will establish the Caracara Prairie Preserve Conservation Endowment Fund Trust
(the 'Trust") for management of the Preserve. A separate endowment fund will be utilized to
manage the Caracara Prairie Preserve in perpetuity. The endowment fund will be non-wasting
providing for the annual operating cost from the interest only. Based on an average annual cost
uf$23,90U. iiis estimated that u fund value of$|.5Q2,800 will beneeded. This fund value was
determined by dividing the average annual cost by a 1.519S capitalization rate, Collier County
will fully fund the endowment fund.
Average cost per five years
Prescribed finc($5,O00/ycod $25,000
Mon/iug ($2,500/ycoc) $12,500
Exotic plant maintenance (S2.500/year) $12,500
Conservation Easement Monitoring($1,300/year) S 6,500
Clerk's fee ($7,600/year) S38,000
Moni1nzing (35`UO0/vour) $25,000
Five year total S189^500
Average cost per year S23,900
The Trust will be invested consistent with the Investment Policy as set forth in the Resource
Recovery Park Compensation Parcel Endowment Fund Trust Agreement between Collier County
and the Clerk of the Circuit Court of Collier County.
Control of Public ACCeSS
The public will access the northern boundary of the Ca,ocucu Prairie Preserve by way of a trail
leading from the CREW Land and Water Trust Cypress Dome Trails - 8TWMD Gate 5 (Figure
7). The Cypress Dome Trails will be open from dawn to dusk, and MC staff will routinely
patrol the Curocucm Prairie Preserve as part of their regular sP\YmD CREW lands patrol. Trails
through the Carocora Prairie Preserve follow fire breaks and other existing disturbed areas.
-Kissing gates' have been installed at points where cattle-tncing crosses the trail.
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At public access points, the boundary fence has been marked with signage designating the area
as conservation land.
Approved activities on the Preserve
Oil drilling is allowed within the Caracara Prairie Preserve (Figure 7) (Appendix D). The Mack
Oil Corporation constructed a 300 X 200 foot limerock pad to facilitate the drilling of an
exploration well. The access road is an existing limerock road running along the northern edge
of the property and a grass-covered pasture trail that was stabilized with limerock situated
northeast of the well (3,502.8 feet X 10 feet). Wooden bridges were placed over two (2) swales
and allowed access for the construction of the limerock pad and exploration well within an
improved upland pasture. The bridges were installed over the swales to allow any surface flow
to continue. No improvements were made to the existing gravel road. The Mack Oil
Corporation will be responsible for consulting with the Service about impacts to caracara.
The limerock pad was constructed within uplands designated as improved pasture situated half
way between wetlands north and south of the location. A grass berm surrounds the limerock
pad. Wetlands begin approximately 100 to 130 feet from the northern and southern perimeter
berms. No Wetlands were impacted during the construction of the limerock pad. If the
exploration well is considered dry, the limerock pad will be restored to the adjacent grade after
the well has been plugged and abandoned. The bridges will be removed from the swale
crossings, unless Collier County chooses to retain the limerock pad and brdiges. If sufficient
minerals are available, additional permitting will be required and a tank battery (100 feet X 100
feet) will need to be constructed in the northwest corner. Access to the production well will
occur through the northwestern gate. No wetland impacts arc proposed during the construction
of the tank battery and access road.
The following conditions are included in the State drilling permit Number 1335 for the No. 30-2
Hugh Starnes Caracara Prairie Preserve drilling site:
1. Retain one of the water supply wells for fire protection after the exploratory oil well has
been plugged and abandoned.
2. Position propane tank on the limerock pad no closer than 50' :from the perimeter berms.
3. Construct two 20' wide flow line crossovers between the western side of the limerock
pad and the tank battery (if built) for land management equipment.
a. Flow line(s) at the crossovers should be surrounded by approx. 20 feet of easing and
capped with limerock.
b. Brightly colored metal posts should be erected on each side of the crossover and
along the route of the flow line(s).
c. Paint flow line(s) a bright color to lower the chances of mowers, service vehicles, and
fire equipment from hitting them.
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4. Surround tank battery (if built) with an 8-foot high chain link fence topped with barbed
wire.
5. Relocate approximately 40 cabbage palm trees that are currently growing inside the 300
X 200-foot area where the limerock pad is to be constructed to positions north and south
of the limerock pad.
a. Relocated trees should be spaced 8 to 10 feet apart and arrayed in a cluster.
b. Florida Department of Environmental Protection Oil and Gas Section and CREW
personnel will be present to assist the contractor with placement of the relocated trees.
6. Surround limerock pad with an 8-foot high chain link fence topped with barbed wire.
7. The limerock pad and tank battery (if built) will be restored to the same level as the
surrounding property after the well has been plugged and abandoned.
8. If desirable. Collier County will decide in the future if they want to retain the limerock
pad and limerock beneath the tank battery (if built) after the well has been plugged and
abandoned.
If built, the tank battery pad will be subject to a separate permit through the .Florida Department
of Environmental Protection Oil and Gas Section. A condition of the permit will be that the oil
well operator will bear the future cost of remediation from any spills or contamination that may
result from its operations and that the oil well operator will maintain, keep in force and effect,
and provide an ongoing Spill Prevention Control and Countermeasures Program or protocol and
will comply with all applicable laws and regulations governing its operations.
Cattle grazing will be an approved activity on the Preserve (Appendix E). The cattle lessee will
graze his cattle in accordance with the Prescribed Grazing Plan (Appendix 8).
Additionally, the following recreational activities are appropriate and encouraged on the
Catacara Prairie Preserve per the CREW Management Area General Management Plan 2006 —
201 1 South Florida Water Management District, Land.Stewardship Division:
Nature Appreciation
Nature appreciation includes wildlife viewing, nature photography, natural history study, and
plant and wildflower identification.
Environmental Education
Environmental education is similar to nature appreciation, but involves a structured learning
process with facilitators and students. The CREW Land and Water Trust has developed an
extensive program in cooperation with the Lee and Collier County School Boards. Students in
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the Lee and Collier County School Systems and other groups participate in these programs.
Guided hikes are also provided to the general public on a regular basis.
Hiking
Hiking trails have been established that link the Caracara Prairie Preserve to the CREW Land
and Water Trust Cypress Dome Trails hiking trail system. These trails provide access to a
variety of habitats including hammocks, marshes, and flatwoods. The CREW area is remote, and
provides abundant backeountry opportunities. Visitors must be self-reliant, Supervision and
visitor services are not provided, and users are advised of these facts at access points. Users are
required to pack.out their trash.
Primitive Camping
Primitive camping is currently allowed in other areas of CREW by special use permit, at
designated sites. Primitive camping via special use permit would be an allowable activity within
the Caracara Prairie Preserve.
Hunting
Recreational hunting has been a primary use of CREW lands. The Caracara Prairie Preserve has
been incorporated into the 'MC Corkscrew Marsh Unit Wildlife and Environmental Area
(WEA) via an interlocal agreement (Appendix C), and is managed under the same regulations
currently in place on the WEA.
Recommendations for the next five years include:
• Manage the current hunting program as established by FWC rules and regulations.
• Employ management hunts as necessary to address specific needs. Management hunts will be
scheduled during nonpeak periods when conducted in areas where other types of recreation are
the primary activity.
• Restrict or halt hunting if panther prey species surveys indicate a decline in panther prey base.
• Prohibit the use of vehicles for hunting within the preserve boundaries.
• Follow guidelines and regulations established for hunting and other recreational use on the
FWC CREW WEA for hunts conducted on the preserve. There will be no exemptions to the
permit requirement.
Equestrian Use
There ‘vill be opportunity for special equestrian events during dry periods in coordination with
CREW Land and Water Trust. Staging these events will be evaluated individually, as conditions
permit. A maximum of two equestrian events will be held per year with a maximum of five
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horses allowed per event. Collier County will consult with the Service prior to the staging of any
equestrian events.
Vehicular Live
No unauthorized public vehicle use including off-road vehicles will be allowed within the
Caracara Prairie Preserve.
Target Natural Co m mu n i ty
The pine flatwoods and freshwater marshes within the Caracara Prairie Preserve will be
enhanced for wildlife. Under this Habitat Management Plan. the pasture land within the
Caracara Prairie Preserve will remain pasture. and will be managed in accordance with the
Prescribed Grazing Plan (Appendix B). Any future restoration of the pasture land will be
considered separate from this Habitat Management Plan and any PHUs recovered from the
Caracara Prairie Preserve.
Restoration
All management activities occurring within the Caracara Prairie Preserve will be done in
accordance with the CREW Management Area Five-Year General Management Plan (SFWMD
2006).
Vegetation
Initial Invasive Species Removal
Collier County will be responsible for invasive, exotic plant maintenance in
perpetuity after initial removal (initial removal was completed on May 31, 2008). A
Collier County contractor will target Category I and II nonnative plant species as
identified on the Exotic Pest Plant Council's biennially updated list of Florida's
Most Invasive Species (http://wwwileppc.org/), with the exception of torpedograss.
Treatments (basal and/or foliar) will be quarterly :for the first 2 years after initial
-treatment, and twice a year for the 3'd, 4th, and 5th year after initial treatment. After
the first 5 years of maintenance treatments, invasive plants, with the exception of
torpedograss, will be basal or foliar treated annually and will not be allowed to make
up more than 1 percent cover. Because the pasture land is actively grazed and
torpedograss is a good food source for the cattle, torpedograss will only be
treated if its coverage expands past its current extent. Time zero monitoring will
assess the baseline overall percent cover by torpedo grass in each marsh within the
preserve. All pesticide treatments will be consistent with Service-approved
pesticide treatments (Appendix F).
Initial restoration vegetation management will include the following measures taken from the
CREW Management Area Five-Year General Management Plan (SIAN/MD 2006).
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5.2.1 Mowing for Wildlife Benefits
In CREW, openings may be mowed every two to three years to maintain their
structural integrity. Mowing is considered an alternative to prescribed burns when
weather conditions or other constraints prohibit fire application. It will be avoided
during the spring to protect ground-nesting birds. Mowing can provide similar
benefits as grazing and fire by suppressing woody plant growth, and by encouraging
grasses and low-growing herbs to produce new growth. Mowing improves brood
habitat conditions for wild turkeys (Aleleagris gallopavo) by reducing dense
understory vegetation in hardwood hammocks, and invasion of woody plants in
grassy fields. Mowing benefits rabbits (Sylvilagusfloridanus) by providing a supply
of growing forage. Smooth cuts are not required when mowing to improve wildlife
habitat conditions. Mowing height is also generally not important, although a higher
cut in early spring may leave important nesting cover for bobwhite quail (Colinus
virgin/anus).
5.2.2 Exotic/Invasive Plants
South Florida's subtropical climate provides an excellent growth environment for
the rapid spread of exotic plants that can cause extensive alterations to natural.
ecosystems. Environmental changes caused by extensive hydroperiod alterations
have been an important factor in exotic plant invasion. Exotic plant invasion can
result in partial or total displacement of native plants, loss of wildlife habitat, and the
degradation of public use areas. Collier County targets Category 1 and II non-native
plant species as identified on the Exotic Pest Plant Council's biennially updated list
of Florida's Most Invasive Species (http://www.fleppe.orgi). Category I species
include non-native plants that invade and disrupt Florida native plant communities.
Category II plants have the potential to invade and disrupt natural successional
processes. Both Category I and 11 exotics are considered invasive and a threat to the
function and ecological stability of Florida's natural communities. Control efforts
were initiated by SFWMD staff, volunteers from Corkscrew Swamp Sanctuary, and
the CREW Land and Water Trust from 1990 through 1992 on lands adjoining
Caracara Prairie Preserve. Work was concentrated in the flatwoods of Corkscrew
Marsh where access was available via public roads. Control work in Flint Pen Strand
began in 1994 using contractors. Since 1994, contract work teams spent an average
of six months per year in Bird Rookery Swamp, Corkscrew Marsh and Flint Pen
Strand. The prominent problem species were melaleuca (Alehilcuca quinquenervia),
Brazilian pepper (Schinus terchinthilblius), downy rose myrtle (Rhodomyrtus
tomentasa), cogon grass (hnperata cylindrica). and Old World climbing fern
(Lygodium microphyllun4 Of significant concern is Old World climbing fern,
which persists in spite of consistent treatment since 1994. The District treats and
surveys 1.:ygodium infested areas several times a year to control established
infestations and locate new ones in the CREW Management Area (MA). Invasive
exotic plant control measures at Caracara 'Prairie Preserve will include a
combination of herbicide application, prescribed fire, and physical removal.
Selection of control measures will be dependent upon species type, environmental
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�
factors, and natural communities impacted. Private contractors will conduct exotic
plant control activities in cooperation with Collier County, After 5 years of intense
maintenance, treatments at Caracara Prairie Preserve will be scheduled so that the
entire preserve is covered annually. Areas of treatment will be scheduled based on
groundwater cooditiuus, time since last treatment, severity of infestation, public use,
and consistency with other management operations. All treatments will follow
herbicide Best Management Practices (BMPs) and use the best available science
5.3.2 Prescribed Fire Planning
A fire management plan will be developed for each management area within the
preserve. Each plan will include a description of location and natural community
types, fire history, fire management objectives and constraints, and a burn
prescription. Collier County will base all lire management plans on ecological
research and professional experience. Fire frequency schedules for each natural
community will consider recommendations provided in The Natural Communities v/
Honda (FN/\l 1990). To mimic historic lire conditions, Collier County will
emphasize growing or lightning season burns (April-August) where possible, though
weather conditions and smoke sensitive areas may make the timing difficult. Natural
firebreaks will be utilized where possible to promote historic tire patterns, avoid soil
disturbance, and reduce hydrologic flow disruption created by fire lines. Listed
species life requirements and welfare will be elements of prescribed lire planning.
Application of tire, 'With appropriately timed herbicide trou|mrn1s, will he used as a
tool for control of invasive plants. To mimic historical 'fire patterns, Collier County
will endeavor to burn during the growing season. Burns will be executed using
proven safety measures as defined by the Prescribed Burning Act of 1990, 590.026
Florida Statute. This legislation and associated administrative rules outlines accepted
forestry burn practices and is administered through DOF. Collier County will utilize
its own employees and will utilize other cooperating agency stafE-- SFWMD. DOF,
Lee County, the CREW 'Land and Water Trust, and FWC to conduct burns at the
preserve. All county staff will complete the state certified burn course to ensure fire
safety and burning efficiency. Prescribed fire will be applied within the preserve at
appropriate tire intervals for each natural community:
Scrubby. Mcsic and Wet [labvondu
These natural cn000n ki:m will be burned to maintain an open pineland
structure with less than 50% canopy cover. Shrub hardwood densities,
especially palmetto and gallberry (Dcz &6ro), will be targeted at less than
20% coverage to encourage species diversity in herbs and grasses. Desired
tire frequency is three to five year intervals for mesic Dotn/oudo, nud three to
eight years for wet |]utvvoodx to maintain targeted vegetative cover
composition and avoid hazardous fuel accumulation.
n
Small isolated marshes are dispersed throughout the Ilu\wnndx of CREW.
Marshes will he burned with flatwoods to maintain open herhaceous ponds
,'-
45 \"
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and control woody plant found on the edge of these depressions. Tbcceuter
of depression marshes may require drier conditions to carry fire, and a
separate burn.
Prescribed fire and mowing will be used to maintain the property in the
appropriate successional state for wildlife.
Hydrology
The County may seek to restore the hydrology at a later date. No changes to
drainage will be made to further restore the natural communities. The prairie
areas within the site will remain in pasture grasses under this Plan. Any
restoration to the prairie that might include changes in hydrology will be
considered at a future date and any additional yH[/spropooed then.
Enhancement
No vegetation planting is planned under this Habitat Management Plan. Should unforeseen or
changed circumstances occur such as devastating wildfire or flood, vegetation enhancement will
be employed to restore the Caracara Prairie Preserve to the appropriate successional state for
wildlife, as will be established through vegetation monitoring and habitat type.
Success Criteria
Restoration and enhancement success will be measured through monitoring see "Monitoring
section below. If monitoring of the Flatwoods and Freshwater Marsh reveals a vegetation
composition inconsistent with the FNAI description, fire, woody vegetation removal, exotic plant
removal, or planting (if necessary after possible wildfire) will be enacted, If monitoring of the
prairie areas reveals a vegetation composition inconsistent with recommended composition in the
attached Prescribed Grazing Ploo, cattle rotation, mowing, and burning may be performed.
Maintenance
There will he no on-site equipment stored on the Caracara Prairie Preserve. If the test oil well is
a producer, a tank battery pad will be installed along the vvc�czn boundary of the preserve. Oil
and brine water will be stored on top of a limerock pad inside a bermed area. The tank battery
pad will be maintained by the oil company using best management practices.
M&iityring
Baseline monitoring was completed by a consultant and will be forwarded to Service staff in
Vero Beach. Time-zero monitoring was completed within 60 days of the completion of a
prescribed lire in December 2011. As with the baseline monitoring ccpod, the time-zero
monitoring report will be forwarded to Service staff'in \Tero Beach. Annual monitoring began
12 months following the time-zero monitoring event and will continue for a total of five years.
Annual monitoring reports will be forwarded to Service staff in Vero Beach prior to January 31
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each year. l[ at the end of five years of monitor ng' the Preserve has reached success criteria,
monitoring will be conducted once every five years to insure that success criteria are met in
perpetuity. If success criteria are not met, then annual monitoring will continue until met. A
summary of the reporti schedule can be found in Table 4.
'Fable 4. Monitoring and Reportino Schedule
Report 1 Monitoring implemented 1
Baseline Monitoring ' Within 60 Days of Approval 1 Upon sermit a .royal
"Iime-Zero Monitoring Within 60 Days of Initial Restoration 1 Upon permit approval 1
Annual Monitoring 'Year 1 ! 12 Months After`fime-Zero Monitoring Upon permit approval 1
Annual Monitoring Year 2 i 1 Year from Previous Report January 31
Annual Monitoring Year 3 1 1 Year from Previous Report January. 31 7
LAnnual Monitoring Year 4 I 1 Year from Previous Report January 31
IAnnual Monitoring Year 5
(-- • ,_ ' • - I Year nom Previous Report January 31
1 Five-Year Monitoring (Year 10) 5 Years from Previous Report January 31
1 Every 5 years thereafter 5 Years from Previous Report january 31. -1
Vegetation Monitoring:
Permanent monitoring transects were established during the time zero cnonitodn&orocd and are
located throughout the site to include a thorough representation of the various habitats onsite.
During monitoring events,three vegetative strata will be sampled along each transect and will be
representative of habitat types throughout the site. These strata are: overstory [plants >4 inches
diameter breast height (UBF\)l, understory (plants<4 inches DB}l and greater than 3 feet in
height), and ground cover(all non-woody plants and woody plants less than 3 feet in height).
The overstory and understory vegetation will be sampled in 10 square meter plots and the ground
cover vegetation sampled in L square meter plots along each monitoring transect. Panoramic
photographs will be taken at the beginning of each transeet to provide physical documentation of
the condition and appearance of the property as well as any changes taking place. The panoramic
photographs will he included in each monitoring report. l'or the overstory and understory
stratums, the relative canopy closure for each species will be recorded. Average shrub height will
be recorded for all species identified in the understory stratum. Percent coverage and average
height for all saw palmetto will be recorded for plots located within habitats with saw palmetto.
The ground will be estimated for the herbaceous
study plots along the transects. Exotic and nuisance vegetation coverage within the plots will be
recorded. Survival rate evaluations will occur throughout the site to include a thorough
representation of the various habitats onsite. There will he a maximum of six transects with a
total of 23 sample plots (approximately 5 per each transect).
Exotic and Nuisance Species Monitoring:
In addition to the permanent monitoring transects, existing disturbed areas, such as fence lines,
fire breaks, and primitive roads / trails, will be surveyed annually, using the FWC protocol, by
vehicle and meandering pedestrian transects to assess the site for the presence and percent
47 ' ' �
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coverage of exotic vegetation species. Following the annual exotic vegetation surveys, an exotic
vegetation map will be prepared illustrating the locations of exotic and nuisance vegetation in
need of corrective action. The map will he provided to a County exotic plant contractor and
SFWMD annually to ensure timely and effective treatment.
Wildlife Utilization:
Regular and periodic observations of wildlife will he made during all monitoring events and
other site visits by qualified ecologists. These will consist of recording evidence and signs of
wildlife (i.e.. direct sightings, vocali ations, burrows, nests, tracks. droppings. etc.). The number
of white tailed deer, feral hog, and panther observations at the site will be recorded during each
monitoring event and included in the annual reports. In addition, live permanent wildlife camera
trap locations will be identified within the preserve. Surveys will be conducted utilizing live
infrared-triggered camera traps that will be sampled bi-annually for 28 days in both June and
December. Observations of wildlife documented during monitoring events will he recorded and
included in monItoring reports.
The primary objective of the camera trap surveys is to document the utilization of the Bank by
panther prey species. In addition, the surveys may also provide photographic evidence of large
mammals (i.e.. panther andior Florida black bear (Ursus americanus)) utilizing the Bank. The
initial survey will document baseline photographic capture rates of panther prey and the
subsequent annual monitoring will provide comparative documentation,
The sighting methodology is similar to the methods described in Shind\cctal. 2008.
'Fbe cameras will be programmed to operate 24 hours a day with a minimum 20 second delay
between photographs. The camera units will be securely fastened to trees with the infrared beam
aimed perpendicular to the trail or edge. Fach camera will he set 45 to 50 centimeters high at the
camera's maximum detection width. Each photograph will document the current date and time.
If the camera location results in insufficient data or re-occurring problems, the camera will be
relocated to an alternate location. Results will be submitted to the USFWS in conjunction with
the vegetation monitoring in the monitoring report. Updated panther radio telemetry data (when
available) within a 2-mile radius of the site will be included in the monitoring report to document
radio-collared panther activity in the Preserve vicinity over the course of'the monitoring period.
There will be a maximum of 5 wildlife transects to be monitored for a 5-day period.
In addition to the iulbnnmiion outlined above, the monitoring report will also include a general
overview of the land management activities (i.e. prescribed burns, exotic vegetation
maintenance, pasture restoration activities, etc.) conducted since the previous monitoring report
and planned maintenance and management activities during the next period.
48 � _ '
11B
Caracara Prairie Preserve Habitat Management Plan_.LITERATURE CITED
Beier P., M. R. Vaughan, NI. J. Conroy, and H. Quigley. 2003. An analysis of scientific
literature related to the Florida panther. Final report, Project NG01-105, Florida Fish and
Wildlife Conservation Commission. Tallahassee. .FL.
Beier P., M. R. Vaughan, NI. J. Conroy, and H. Quigley. 2006. Evaluating scientific
inferences about the Florida panther. Journal of Wildlife Management 70(1):236-245.
Belden, R. C., W. B. Frankenberger, R. T. McBride, and S. T. Schwikert. 1988. Panther habitat
use in southern Florida. Journal of Wildlife Management 52:660-663.
Coi.le,N. C. and M. A. Garland. 2003. Notes on Florida's Endangered and Threatened Plants.
Florida Department of Agriculture and Consumer Services.Division of Plant Industry,
Gainesville, FL. http://www.doacs.state.ltus/pi/enpp/botany/images/Notes2003.pdf
Collier County. 2007. Collier County Growth Management Plan Future Land Use Element
Adopted October, 1997. Collier County Planning Services Department Comprehensive
Planning Section,Naples, FL.
Comiskey, E. J., L. J. Gross, D. NI. Fleming, M. A. Huston, O. L. Bass. Jr., II. l..uh, and Y. Wu.
1994. A spatially-explicit individual-based simulation model for Florida panther and
white-tailed deer in the Everglades and Big Cypress landscapes. Pages 494-503 in D.
Jordan(ed). Proceedings of the Florida Panther Conference. U.S. Fish and Wildlife
Service,Gainesville, FL.
Comiskey, E. J., O. L. Bass, Jr., L. J. Gross, R. T. McBride. and. R. Salinas. 2002. Panthers and
forests in south Florida: an ecological perspective. Conservation Ecology 6:18.
Comiskey, E.J., Eller, J.A.C., and. D.W. Perkins. 2004. Evaluating Impacts to Florida Panther
Habitat: How Porous is the Umbrella? Southeastern Naturalist. 3:51-74.
Cox.J., D. Maehr, and J. Larkin. 2006, Florida panther habitat use: A new approach to an old
problem. The Journal of Wildlife Management. 70(6):1778-1746.
Davis, J. H. 1967. General map of the natural vegetation of Florida. Circular S-178, Institute of
Food Agricultural Sciences,Agricultural Experimental Station, University of Florida,
Gainesville, FL.
Dees, C. S., J. D. Clark, and F. T. Van Manen. 2001. Florida panther habitat use in response to
prescribed fire. Journal of Wildlife Management 65:141-147.
Florida Natural Areas Inventory and Florida Department of Natural Resources. 1990. Guide to
the Natural Communities of Florida, Florida Natural Areas Inventory, Tallahassee,
FL., Tallahassee, FL.
49
1 1 B
Gruver, B. J. 2007. Florida's endangered species. threatened species, and species of special
concern. Florida Fish and Wildlife Conservation Commission, Tallahassee, FL
k1np:/duykvo.uomi ed-and-Endangeredodf
Harlow, R. F., and F. l{. Joncy. 1965. The white-tailed deer in Florida. Florida Game and Fresh
Water Fish Commission Technical Bulletin 9, Tallahassee, FL.
Janis, M.. lV., and lD. Clark. 1999. The ei! cts of recreational deer and hog hunting on the
behavior of Florida panthers. Final report to Big Cypress National Preserve, National
Park Service, Ochopee, FL.
Kautz, R., K. Kawula, T. 1(octnr, J. Comiskey. [). ]mosoo, D. Jennings, J. Kasbohnn, F.
Muzzoki' R. McBride, L. Richardson, and K. Root. 2006. How much is
enough? Lou)docape'scedecouoerv4doofhrtbcF|oridupno1bcr. Biological
Conservation. 130:118'133.
Land, D, R. Kawula, J. Benson, M. Lotz, and D. Onorato. 2008. Florida panther habitat
selection analysis of concurrent UPS and VHF Telemetry l)ata. The Journal of Wildlife
Management. 72(3):633-639.
Maehr, D. S. 1990. Florida panther movements, social organization, and habitat utilization.
Final Performance Report 7502. Florida Game and Fresh Water Fish Commission,
Tallahassee, FL.
.Maehr, D. S. l992. Florida panther. Pages 176-189 in S.R. Humphrey (ed). Rare and
endangered biota o[Florida. Volume 1: mammals. University Press of Florida.
Gainesville, FL.
Maar, L18, 2. D. Land, and J. [ Roof. 1991. Social ecology of Florida panthers. Notio/n
c Research Exploration 7:414-431.
Miller, K. E 1993. Habitat use by white-tailed deer in the Everglades: tree islands in a
seasonally floode landscape. M.S. Thesis. U ot Florida, Gainesville, FL.
8himJlc, Z).B., , F.D. Land, D. (Jnoraku, M. YVnoscL P. Kubilis. 2008. Feasibility of using remote
cameras to survey Florida panthers. 20O0-Z0O7. |oboumo Report Series[RK2008-003.
Florida Fish and Wildlife Research institute.
South Florida Water Management District [SFVV1v1D1. 2006. CREW Management Area Five-
Yeoc General Management Plan (2006 — 2011l [.and Stewardship Division. South
Florida Water Management District. West Palm Beach. FL
Swainson, K., D. Land, K. Kautz, and R. Kawula. 2005. Use of least cost pathways to identify
key highway segments br Florida panther conservation, Pages 191-200io }t.A.
Beausoleil and D.A. Martorello, teds). Proceedings of the Eighth Mountain Lion
Workshop, Olympia, WA.
50
116
U.S. Fish and Wildlife Service [USFWS 1. 1999. South Florida Multi-species Recovery Plan.
U.S. Fish and Wildlife Service, Regional Office, Atlanta, GA.
U.S. Fish and Wildlife Service [USFWS]. 2006. Technical/Agency Draft, Florida Panther Recovery
Plan(Puma concolor corvi), Third Revision. U.S. Fish and Wildlife Service. Atlanta,GA.
U.S. Fish and Wildlife Service [USFWS]. 2007. Letter to the Army Corps of Engineers on the
revised Panther Key. February 2, 2007. South Florida Ecological Services Office, Vero
Beach, FL.
http://www,fws.gov/verobeach/images/pdflibrary/20070219_Letter..SFESO%20to%20C
OF Panther
Wunder lin, R. P., and B. F. Hansen. 2008. Atlas of Florida Vascular Plants. Institute for
Systematic Botany. University of South Florida, Tampa. FL.
http://www.plantatlas.ustiedu/
Zahina, .1., W. Park Said. R. Grein, and Ni. Duever. 2007. Pre-development vegetation
communities of southern Florida. Technical Publication 1•IESM-02. South Florida Water
Management District. West Palm Beach, FL.
51
11B
CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN
FIGURES
11B
Caracara Prairie Preserve Habitat Management Plan—Figure 1.
Aerial Location Map of Caracara Prairie Preserve in Collier County, Florida.
, .04,,,...v.,ue^ �� #
. _
CorCounty
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Data Source:2005 Aerials&Parcels-Collier County Prcperty Appraiser Caracara Prairie Preserve
Conservation Lands-Fonda Natural Areas inventory
Created by:CDES/Environmental Services I Cs
G:\Conservation Cdper\lCSRtath Cycle amesl mad and jpy Conservation Land
Date:51.08 CS
53 r�b�
..,... T:
1 1 B.
Caracara Prairie Preserve Habitat Management Plan—Figure 2.
Archeological sites nearby the Caracara Prairie Preserve.
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TV +
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. . • - Ccifrer Counhj - Archaeological Sites
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– •
Data Source:USGS Topo map:FL Div.of Historical Resources
Created by:Conservation Collier\M.Hennig
GAConservatIon Collieriland Mngmt1Stames\PHU\Agreements
1Arch sites map.mxd and.jpg
Date:Aug.2008
54 .. .
, .
11B
Caracara Prairie Preserve Habitat Management Plan—Figure 3.
Panther zones and least-cost pathways in relationship to the Caracara Prairie Preserve.
N 47111!
cr Cr County
0
2 z
U w
z 2
2 a0
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w
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z
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r 4
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O z 72ND AVE NE
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PLATT R0 68TH AVE NE 17, 9,•
WILD TURKEY DR 66TH AVE NE H
64TH AVE NE 4 to
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50T11 AVE NE 60TH AVE NE 93
58TH AVE NE WIN AVE NE 1
56TH AVE NE
54TH AVE NE w W w= `O
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Satiate Med Zones and Least. r-r.r-r-
CYeated5 ES EnvagrmeMal5 SOTN AVE NE va h h
».'E"' 4/TH AVE NE 47TH AVE NE 5 3
Legend
Panther-least cost pathways Primary North Area
Caracara Prairie Preserve Secondary Thatcher
Dispersal
55 _\
_.
t.
1 1 B
Caracara Prairie Preserve Habitat Management Plan—Figure 4.
Soil map of the Caracara Prairie Preserve.
. , .—...,_ ..........„ ,,,.,-- -,
' ,n,—.
. . wnw ,--. .3,., -77.--vrc,,' , 4,,itiff, - 7 .fi167.41 . *„.„1„..7.7-•. -, ',. •'t,... :•*,••„ • '
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Legend
egend
.
-4 , ‘• ',-n,,, • ; -.',,,.•4::-,,,o74,•l'-'•7•7-"-'' ..,4 a' 1,.. Caracara Prairie
i -,' f.4,-"., -:-1-....X,,* ., , :. ,,,—, ....,.!;:!,,:g': ,:';'' ,: 'i.iles
• A' Preserve
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56
0 ,
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,,...,,
11B
Caracara Prairie Preserve Habitat Management Plan —Figure 5.
Land Cover on the Caracara Prairie Preserve.
.423 ; b' .4.• -•: '-D4, -
r, 7,2
ire"+ ` °3d e e tt 'j r, +) (i., 5, r� ,. N
0..15-Ac�tr� `
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RY }�,la(. }) 211 '7.-- f: - -, .] .�+ �. .•f '
. x 4
` 641 L
4 �` , -(8.97-Ac f) , R - 213 ii:
�{ � e �✓ '4� � �T♦ ski .643 ,
,
is ' -. MI
•
8D A_a R 444 • . , 6t1• •.
•• P� r �#wI'..- I+,2,0= C ±) Tf'
F .
t v
e. _641.•(7 +) t.4: , - , . . ' �.
` t ♦ \. �"4 -ZY ,..{,..,..1:` - FLUCFCS
111. T'‘'-'.e.'-,'•. '1-7 f�! } tw .R CODE COMMUNITY TOTAL
�, - g, 150 Industrial 1.58±Ac
II `.'. . s,� t+t ti 211 Imprc ed Pastures 87.213 Ac
9I - ,, "t t'` r,2 t.et-' 213 Woodland Pastures 93.28±Ac
•• 'r,; ,' �1 r •t-E �� `� 411 Pine Flatwoods 44.98±Ac '
f '
$ ^( + 7 5 423 Oak-Pin: Palm 49.29±Ac
9i Rr /" 42i 500 Water 1.01*Ac
7, , , { �l "' } ' 631 Wetland Shrub 2.00±Ac
r £ A r 7.-. ,-,,'.4> 641 Freshwater Marsh 31.69±Ac
a •
;w, � 15-b t 9 A 643 Wet Prairies 5.10i A Ac
13 •" f' r R e 814 Roads 210±At
r :.j- Y ! > ri.s••r ) : Total 367.75tAc
c—.,
-.
t; , '` 7. °"'y71,0411r•.y,�l i R• \ : ,f•5 b.,l ,. _ WETLANDS
C"•' �.76 AC._ �<,ry �� + a A•y l (1,�(1 w'.- 't) ' - - (88 30t Ac.)
(Ot r+ •_. 1 .. ,-- . "61,', /://,///,X,, CTHER SURFACE
a " ATE 5 . ±
� t ..:ii - W R (101 AC.)
(? T3 ', f1 4 r .. f 4i notes
�'-'-/(y/�� .r's Q ✓`-) r'�-. %// l's "7,./'•r ,. Fi.ucres I,MES Esr�N.TED FRCS
'R):: .. `_ .• G... ' •... S y1 6I♦{ .J ` • ,. ♦ �l!•.200'EERiRt MCiOCR.MS INO
. i/ j COCRT,OMf IR.ROir•!RifU
t t) '(3 19 ACT ,
3 • ' `�L . *'--1S.,---.. _- C FLUCFCS PER OS'S CLA uSE f, %'- A- COYER AND ucFc,(S.,ICAn9N
7 '1 ••S FV•� r y`r T -?!'- [l l s.a,EE IFLJCFCS)(SCOT 1099)
g ',t..r CI UT/ �1 �' '4'� J •v -r , l)4 PROTESTS'•OUNO.RT Ws scownO
�" \ I .I )� 1'.tC +„q- S "l, -'' r." 3 r FROM SSRR SR ARESt PRO![Rrr
, `,` ArRAiERE R'S PARtEI lA•ER.
; • f.-. �.""•� • MAIM.PAOTOSRA0NG OER!ACAUIREC
TAROuGA COLLAR.. AARASER'S OFFICE SITU r•FLOAT
• OAT!Cr JANUARY,2012
Drown By Dow
Boylan it I Caracara Preserve
il
Environmental JO
bNomber sup.
Consultants,Inc. 2012-6 1 =soo FLUCFCS Map with Aerial Photograph ER^bR
SQ,A Covey
u1..N.,-Pa.,.",<,..r Rs'-;.o.n„w'a,x;.;,.,r.-i -. Collier -------_...._-.--
CD
1 1 B
Caracara Prairie Preserve Habitat Management Plan—Figure 6.
Service area for Caracara Prairie Preserve.
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Data Source 2005 Aenals 8 Parcels-Collier County Property Appraiser ..,4*...
Collier County
Land Covet-George Poole NRCS field survey . .,;,*
Created by.Conservation Collier
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Date:8-24-09
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Caracara Prairie Preserve Habitat Management Plan-Figure 7.
Oil drilling operations and public access on the Caracara Prairie Preserve.
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Date:Sept.25,2009
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CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN
APPENDICES
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Caracara Prairie Preserve Habitat Management Plan—
Appendix A. State Historic Preservation Officer letter.
• This record search is for informational purposes only and does NOT constitute a
STOP np project review. This search only identifies resources recorded at the Florida Master
Site File and does NOT provide project approval from the Division of Historical
Resources. Contact the Compliance and Review Section of the Division of Historical
Resources at 850.245-6333 for project review information.
September 15,2008 Florida
\la.trr
Ms.Melissa Hennis Si l s
l ilr
Principal Environmental Specialist
Conservation Collier Propam
3301 TamiamiTrail East
Naples,Florida 34112
Dear Ms.Hennig:
In responseto yotr inquiry of August 11,2003,the Florida Master Site File lists one previously recorded
archaeological site the following parcel of Collier County:
Township 46 South Range 23 East,Section30
When int erpreting the results o f our search,please consider the following information
• This search area may contain wtrecorded archaeological sites,historical structures
or other resources even if previously surveyed for cultural resources.
• Because vandalistu and lootina are common a t Flo tida sites,we ask that you limit
the distribution of location information on archaeological sites.
• While many of our records document historically significant resources,the
documentation ofa resource at the Florida Master Site Filedoes not necessarily
mean the resource is historically significant.
• Federal,State and local laws require formal environmental review for most
projects. This search DOES NOT constitute such a review.If your project falls
under these laws,you should contact the Compliance and Review Section of the
Division of Historical Resources at 8.50-245-6333.
Please do not hesitate to contact us if you have any questions regarding the results of this search.
Kind Reeards.
X141
Lindsay Hafford
Historical Data Analyst
Florida Master Site File
lbhafford'a'dos.state.il.us
5.Q.O.Zoutb,Borlough. TL hassee Fl. 32399-02f,) • ....:' ! C' '.°`
S50-2.45-6440 ph S50-245-6439 fax ; SiteF le,i dos.state.il.us
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Caracara Prairie Preserve Habitat Management Plan —
Appendix 13. Prescribed Grazing Plan
Prescribed Grazing Plan
Prepared for
Collier County
Starne Lease Property
in
Collier County, Florida
In cooperation with
South Florida Water Management District,
Collier Soil tt. Water Conservation District
And
United States Department of Agriculture
Natural Resources Conservation Service
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Table of Contents:
I. Definition
2. Purpose
3, General Description
4. Objectives
5. Livestock Forage Inventory
6, Livestock Forage Inventory Map
7. Annual Grazing Schedule
8. Plan Map/Proposed plan map
9. Recommended Grazing Heights
10, Recommendations For Grazing Buffer Areas
1 1. Operations and Maintenance
12. Contingency Management Plan
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1. Definition:
Prescribed grazing isucontmUed harvest of vegetation with grazing ondhmwsiog animals.
Prescribed grazing ojU be used on lands where grazing animals are managed. Prescribed
grazing will be used in co 'uootiuo with Nutrient Management, Pest Management, and/or
other practices needed to meet the resource concerns and the landowner's objectives.
2. Purpose:
This practice will be applied as part of a conservation management system to accomplish the
following objectives:
• Maintain a stable and desired plant community, improve or maintain the health and vigor of
selected plants.
• Maintain or improve animal health.and productivity.
• Maintain or improve water quality.
Note: This plan will be reviewed yearly by the owner/operator. lfthe number of livestock
(10% or more) or the forage condition changes the plan may need to be revised.
3. General Description:
The project area is located within the boundaries 0!'CREW VV[& which is located in Collier
County. Tbcpn/pcdy is currently managed as a cow/calf operation. The project uccuiy
currently using a continuous grazing system. The principal tbraQempcoics in the pastures is
Bahia grass (9oopo1um notatum), which have been planted for improved pasture. Other plant
communities include South Florida Flatwoods. Brush areas and Freshwater Marshes.
The pasture areas are currently managed as a cow/calf operation. The pastures in their
current condition and capable of producing enough forage to support 53 animal units (AtTs).
The system in its present condition can support an average of 49 cows, with an average
weight of 1000 lbs., and 3 bulls. with an average weight of 1350 lbs with a suggested 20:1
Cow/Bull ratio.
One animal unit(AU) is one mature cow oh approximately 1,000 pounds and a calf up to
weaning, usually six (6) months of age, or their equivalent. To estimate animal units for
Heifirs and Bulls use the fbllowing AU values.
Table 1: Animal Unit Equivalent Guide
Species Average Animo| N"it—- ------ -- --� -----
'- - Forage Consumed(yound0-'''
' Weight Equivalent --------
(pounds) (AtlE) day I month year
Cow, dry 950 0.92 24 7)7 8,730
Cow with calf 1,000 1.00 )6 r 790 9,490
Bull, mature 1,500 1.35
Cattle, 1 year old 600 0.60 474 5,694
Cattle,2 year old 800 0,80 20.8 1 632 7,59?
_Deer. White-ta i led, mature 150 0.15 1.18 1.423
4. Objectives:
The landowner's objectives are to operate a productive cow/calf operation and minimize
impacts to the resources. The objectives of a prescribed grazing plan are to improve or
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maintain oo optimum level ofouaiiyuf forages 10 ensure livestock health, prufikbUhv, and
protect the resources.
5. Livestock Forage Inventory:
Livestock Forage Inventories are estimates of available forage in each pasture. These
estimates are then used to project stocking rates and fecd requirements annually. The
following Livestock Forage Inventory was evaluated at the time of the development of this
plan. Forage availability will vary due to climatic conditions and management of grazing
system. The forage inventory should be evaluated on a regular basis to ensure proper forage
requirements of the livestock are met.
The main forage is Bahia grass. Smut grass and other undesirable species cover at least ]O'
4096nf the plant composition, with Bahia production 60-7096. The Rangeland areas were
not studied in detail. Some of the Rangelands plants are listed in section 9. These plants are
good indicators to help you manage the grazing periods.
The inventory of the project area identified the following conditions or concerns:
— The p 'cot area encompasses approximately 369 acres.
The sustainable annual carrying capacity ol the project ject area is estimated at approximately
53 Animal Units (AU) in the existing conditions. The carrying capacity of the site is
expected to change with the implementation of the land management practices such as
brush management. These changes may significantly increase or decrease the amount of
forage produced.
— Overall vegetative conditions and plant species indicate that the p ject area is stocked at
or above the sustainable carrying capacity. .
— Noxious and invasive weeds including Brazilian Pepper-Tree (Schinus terebinthifolius),
Primrose Willow Ludwigiuperuviuoa), and Tropical Soda Apple (Solanum viarum)
were observed on the Starne Lease Property. An aggressive weed control program is
needed to maintain wildlife habitat values.
— Shrub densities on upland areas are above levels expected for the site. Shrub density is
expected to increase and reduce habitat values unless changes to the prescribed burning
and brush management plan are implemented.
— The increased shrub density is reducing habitat values for several ground nesting birds on
several Flatwoods and Freshwater Marsh sites.
— Livestock nutritional supplements are not well distributed. This reduces the potential for
livestock to be well dispersed across the landscape. Consequently, remote areas of the
grazing units will receive little or no grazing pressure until areas in close proximity to the
supplement feeders have been heavily grazed.
The Prescribed Grazing Plan contains 10 items which should be implemented annually in order
to achieve the desired results.
I. Rotational Grazing should be applied to maintain and improve the health and vigor ot the
plant community.
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2. Proper Grazing Use will be applied to all grazed areas to regulate the amount of herbage
removed by grazing animals. During the growing growing season, the degree ol use of native
vegetation will he limited to 50% (by weight) of the current year's growth.
3. Stubble heights will be used to guide grazing management decisions.
4. Nesting Period—The rotational grazing system should be managed to provide an
undisturbed nesting period for ground nesting species at least once every 4 years, Livestock
should be removed from tbe grazing unit for a period 4 to 6 weeks in length during the period
between February 1 and juncJ0.
5. Deferment poriodmobouldbnprovided |b||oningul| roocbaoicalond/urcbecnica\ hrusb
management activities. This will allow desirable plants to recover from the stress or damage
caused by the treatment. The length of the deferment periods will be at least 90 consecutive
days during the period of June 1 through October 1,
6. Supplemental feed will be provided to livestock during periods when forage quality and
quantity is low.
7. Weed prevention and control - All planting material, hay and other supplemental feed will
be free of noxious or invasive weed seed. An aggressive pest management plan has already
been implemented to combat encroachment of invasive-exotic species.
8. Feeding Area Management- All hay and supplemental feed provided to domestic livestock
will be fed on upland areas at least 100 feet away from wetlands, streams, ditches, and ponds.
Supplement feeders will be well dispersed across the landscape. Supplemental feeding
locations will he moved at least once every 30 days.
9. Portable feeders will be used to provide protein, mineral, and other supplements to
livestock. These feeders will be moved as needed to improve livestock distribution and
prevent undesirable effects on the landscape.
10. Plan Review —Annual reviews should be scheduled with the local Natural Resources
Conservation. Service (NRCS) office, South Florida Water Management District- Crew WEA
and Collier County Environmental department to ensure the plan meets the goals and
objectives of the property and those of the livestock owner.
Plant Communities Descriptions
Pasture — Main forage is Bahia Grass. Most pastures are in fair to good condition. Bahia
pastures contain Smut Grass, Dog fennel, Wax Myrtle and other weedy
undesirable species. Plant composition transects shows an average ol'60-7( %
Bahia and 3O-40Y6WccJy/undcairab]e. Suggested stocking rate is 3-5 A1JM/Acre
(2.4-4.5 &c/6O).
South Florida Flatwoods - These are areas mainly composed of Saw Palmetto, Pine, Runner
Oak Wax Myrtle, Broomsedge Bluestem, Chalky Bluestem, Forbs, Sedges and
Little Blue Maidencane and Chalky Bluestein are desired and also good indicators
of site condition ( See section 9). Most flatwoods on the ranch are in fair
condition. Brush control and prescribed burning are tools that will help improve
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these flatwoods. Suggested stocking rate is 14-25 Ac./AU.
Freshwater Marsh/ Slough Wet areas with mainly wetland plants. Flooded for most of the
Wet Season and are considered very important habitat for many wildlife species.
Most wetlands on the ranch are in fair to good condition. Plant compostion
includes, Maidencane, West Indian Marsh grass, Torpedo grass, Pickerel weed,
Primrose Willow, Sedges, Smart Weed. hydrocotile and Others. The suggested
stocking rate is 3-13 Ac./AU
Forage Inventory
DATE: 8/2008 Technician: Geor.e Poole
FIELD Plant Community ACRES AUM AC/AU AU
Field 1 Bahia 213 2.1 -..__._1. .... 37.2
Field 1 FWM 77 7 ! 11.0
Field 1 Brush 43 15 2.8
Field 1 SFF 37 I 22_......... 1. .................
369.4 TOTAL AU 53
Definitions
AUM=Animal Unit Month,the amount of forage needed to support one(I) animal unit for one(1)
month. By definition an AUM is equivalent to 780 lbs. of forage.
Ac/AU=Acres per Animal Unit,an abbreviation used to describe the number of acres needed to
support one (I)Animal Unit(AU)for 12 months.
AU=Animal Unit=One(1)animal unit(AU)is equivalent to one(1) mature cow of approximately
1,000 pounds and a calf up to weaning, usually six(6)months of age, or their equivalent. To
estimate animal units for various kinds and classes of animals refer Table 1
6. Livestock Forage Inventory Map:
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Collier Co. Starne Lease
---, -----t: .:. .1.x -.,w.:.46."'''''''';'. ' s r .- .— .r
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Lrrproved Pasture N
Mesic Flatwocds
Project boundary
Freshwater marsh
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7. Annual Grazing Schedule:
Annual Grazing Schedules are designed to account for variations in the amount and growth
of forage due to changes in climatic conditions. The following schedule should be used as a
guide only. .
Suggested Annual Grazing Schedule
Cooperator: Collier County
Technician George Poole
Date:
Field Acres AU Jan Feb ' ; +`r '' Jun Jul Aug Sep Oct Nov Dec
1 369 53 53 53 53 53 53 53 53 53 53 53 53 53
Total AU 53
Supplements: XO I XO XO 0 1 I I XO I XO I XO
X= Protein 0= Mineral
Suggested Breeding Season
Use as a guide only
Important: base grazing periods on the forage plants required on the required
stubble heights as shown in Section 9. Environmental conditions such as soil
moisture. temperature. foraae aualitv. ect. will be considered by the manaaer when
70 ����
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8. Plan Map-Continuous Grazing System with existing fence locations.
Collier Co. Starne Lease Property
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8a. Proposed Plan Map-3 pasture rotation system 118
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9. Recommended Grazing Heights and Length of Grazing Periods:
Grazing animals can rapidly and substantially alter the productivity and amount of forage in each
pasture because of grazing preferences and animal distribution. Overgrazing adversely affects
wildlife habitat, plant growth, water, soil conservation, and plant persistence. Animals prefer
improved pasture forages like the one listed below and avoid plants that are coarse and hard to
digest. During the late spring, summer and early ,fall cattle tend graze upland areas and avoid
grazing in wetlands such as sloughs and marshes if adequate .forage is available. However,
limited availability of forage plants on upland areas may induce more grazing of the wetland
plants in some seasons, and could result in overgrazing. Under-grazing results in forage waste.
reduced quality, and reduced tiller development. Therefore, the number of animals on a specific
area must be balanced with available forage to achieve the goals and objectives for this site. This
will require monitoring of the forage availability on a regular basis and adjusting the stock
density as needed to maintain a unique balance of desirable forage and important wetland
.vegetation.
The following table lists common forages found in South Florida along with recommended
heights to maintain healthy stands of forage:
FORAGE TYPE Min. Ht. To Begin Grazing ' Min. Grazing Ht.
Bahia grass 6"
Limp° grass 12" 4"
Platoola Digitgrass 8 6"
Maidencane (FWM) 12" 6-8"
Chalky bluestem (Rangeland) 12" 6-8"
Grazing heights for native forage plants is dependent upon the species and the time of year
the plant is grazed. For Native Grasses, remove no more that 50% thy weight) of the plant
in any grazing event This will provide proper use of the forage while maintaining sufficient
plant material to, provide wildlife habitat, protect the soil resource* and maintain the health of
the plant community.
Grazing periods should be kept relatively short to prevent the plants from being grazed
before they have the opportunity to recover from the last grazing event. This will depend on
the size of the herd and the area to be grazed. Use the forage heights shown in the previous
table to determine the length of the grazing periods.
Rest Periods should be provided between grazing events to all the plants to recovery from
the effects of grazing. The recovery periods should be long enough to allow the forages to
reach the Alinnnum Height to Begin Grazing. Because the rest periods are based on the
growth rate of the plants the length of the rest period will vary. The recommended recovery
periods are shown in the following table:
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Resting Periods Based on Forage Growth Rate
_
Forage Type Forage Growth Rate
Fast Moderate Dormant
' | (Juoel-Sept l) (Mar l-Junui (Nov \'Mar l)
Sept ] -0nvl)
Bahiagrass------- 14-28 da --- 28-35 days 6O days ormore
limpograss 14-21 days 28-35 days 35-60 days or more
Pangolagrass 7-21 days 21-28 days 28-60 days or more
Maidencane 28-35 days 35-45 days 45-60 days or more
Chalky bluestem 28-35 days 35-45 da.ys 45-60 days or more
10. Adjustments to the Grazing System:
Adjustments in the grazing management system will be necessary during and after
management activities, such as planting, prescribed burning or pest management. The
m-�uabnentswilt provide u suitable period for the vegetation to recover from the management
activity or as dictated by pesticide label restrictions. A deferment from grazing means the
complete removal of all domestic animals for the duration of the deferment.
If buffer areas are developed around specific wetlands or other areas within the Ranch during
the restoration process, livestock grazing may be permitted during dry periods of the year.
This will help to utilize available forages within the buffer and control woody vegetation.
Stocking rates should be adjusted to assure that grazing is complete within one week. The
minimum grazing heights listed in Section 9 for corresponding grasses shall not be exceeded.
When prescribed burning is applied, grazing shall he deferred as follows:
Improved pasture areas 30-60 days during the growing season (Marl-Oct 1)
Flatwoods 30-90 days during the growing season (Marl-Oct 1
Fresh Water Marsh and Slough 30-90 days during the growing season (Marl-Oct 1)
Areas that have been disturbed and planted to native vegetation shall be deferred from .
grazing for ornjoirnunooF | complete growing season fbl!ovviogy|oodogor until the grass is
well established and produces seed. Native grass plantings generally require 2 complete
growing seasons to become well established. The deferment shall continue until a NRCS
Rangeland or Grazing Land Specialist has provided approval. Temporary fences may be
used to protect small areas during the deferment period.
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Areas that have been mechanically treated and/or planted, will be provided provided a deferment
period to allow herbaceous plants to recover. The deferment will he minimum of 90
consecutive days during the period of March i to December 1. unless univ spot control was
nppljed.
If herbicides used to control common weeds and invasive species the grazing management
will he adjusted to meet the requirements (if any) listed on the,herbicide label. Cattle will not
be allowed to re-enter the area for the duration shown on the herbicide label.
ii. Operation and Maintenance:
The location of mineral and supplement feeders will be moved routinely to evenly
distribute grazing animals throughout the pasture. The herd will he rotated to a fresh
pasture when the average stubble height falls below the recommended minimum grazing
height (See Section 9). When possible, the grazing period should be 14 days or less and the
pastures allowed a recovery period of 21 days or until the forage reaches the recommended
height to begin grazing(See Section 9).
12. Contingency Management Plan:
Forage supplies will be evaluated weekly to determine if forage supplies and quality are
adequate to meet livestock demand. When the forage is not adequate, the grazing system
will he adjusted or supplemental feed will be supplied.
When prolonged periods of adverse climatic condition effect the supply of forage, the
grazing system and/or stocking rates will be adjusted or additional supplemental feed will be
provided.
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Caracara Prairie Preserve Habitat Management Plan —
Appendix C. FWC Interlocal Agreement FWC Contract No.11071
COOPERATIVE AGREEMENT 1 /
BETWEEN
'IRE COLLIER ( ()L NTY BOARD(11 COUNTY. COMMISSIONERS
AND
THE FLORIDA FISH AND 'WILDLIFE CONSERVATION COMMISSION
this Agreement is entered into tut , 20A. k.tetn the COLLIER COUNTY
HOARD OF COUNTY COMMISSIONERS. 3335 Tamiami Trail. East. Suite 101. Naples.
Honda 34112, hereafter Laded COUNTY, THE FLORIDA FISH AND WILDL.IFL
CONSERVATION COMMISSION. 620 South Meridian Street, Tallahassee. Florida 323'49-
1600, hereafter culled COMMISSION.
WITNEMETH THATi
WI IEREAS, the ('OUNTY is a political subdi%ision created hy the Florida Legislature
and given those powers and responsibilities enumerated in Chapter 12$. Flunda Statutes to
include entering 11110 contracts with public agencies, pt IN.ate corpilations or other ivrsons, nid
WHEREAS. the COUNTY, its successors and assigns. hold title to an undivided ninety-
four point four 0)4.4% t percent interest to 167.7 acres of land, known as the Caracara Praise
Preserve. and Corkscrew Regional F,cos}stem Watershed Land and Water Trust, Incorporated
(TRUST) holds title to an undo.ided Ii se point si CS.nrit percent interest to the Caracara PI3trit`
PICSeiNe: and
WHEREAS, the COMMISSION is the state entity responsible for protecting and
managing Florida's wildlife and aquatic life; and
WHEREAS, this AgrcelliCin is atuhonied by Chapter 163, Florida Statutes Whik:h allows
the parties to make. the most efficient use of their governmental powers', and
WHEREAS. an land managcmern acti%ttic.,. implemented tot the natural cot munnies
identified at the Caracara Prairie Pres,CTVC will he the responsibility of the COUNTY, as set forth
ui thIC Interloal Agrtxmcnt bctv.4:4:n the COUNTY and Ow TRUST L:■411itni "A"):and
WHEREAS. the COUNTY
to pro\ide recreational opportunities, including
opportunities for hunting, to the public on Caracara Prairie Preserve: and
WHEREAS. the COUNTY deems ii necessary. appropriate. and in the public interest to
authorise the COMMISSION to incorporate the Caracara Prairie Preserse into the Cscuevc
Marsh Unit of the Corkscrew Regional Ecosystem Watershed Wildlife and Environmental Area
,iCREAV WEAL in .1..vorclance with he provision. or Chaptor 6$A, Florida Administratise Code;
and
WHEREAS. the COMMISSION currently manage. the Corkscrey. Marsh Vim of the
WEA for the purpose of recreational hunting., and
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WHEREAS, the COMMISSION will publish and distribute a pamphlet, example is
attached hereto as Exhibit "B", a similar pamphlet will be published regularly setting firth the
regulations and dates on which hunting will be allowed at the CREW .WEA, as well as a map of
the area: and
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the COUNTY agrees to allow the COMMISSION to manage the Caracara
Prairie Preserve subject to the following terms and conditions:
1. DESCRIPTION OF PREMISES. The Caracara Prairie Preserve subject to this
Agreement is situated in the County of Collier. State of Florida and is described in Exhibit "C"
attached hereto.
2. TERM OF THE AGREEMENT. It is understood and agreed that the relation established
by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be
effective on the date of execution by both parties and shall remain in effect unless otherwise
terminated by either party.
3. TERMINATION. Either party may terminate this Agreement by giving written notice to
the other party specifying the termination date, by certified mail, return receipt requested, at least
sixty (60) days prior to the termination date specified in the notice. However, if such notice is
given after February 15, the termination date shall be April 30 of the following calendar year.
4. PURPOSE. The COMMISSION shall manage the Caracara Prairie Preserve only for the
conservation and protection of natural and historical resources tric'.1 resource based public outdoor
recreation which is compatible with the conservation and protection of these public lands, as set
forth in Collier County Ordinance No. 2007-65 (Exhibit "D"), along with other authorized uses
necessary for the accomplishment of this purpose as designated in the Habitat Management Plan
approved by the COUNTY.
5. QUIET ENJOYMENT AND RIGHT OF USE. The COMMISSION shall have the right
of ingress and egress to, from and upon the Caracara Prairie Preserve for all purposes necessary
to the full quiet enjoyment by said COMMISSION of the rights conveyed herein.
6. CONSIDERATIONS. The COMMISSION shall be responsible for all administrative and
managerial duties related to public use (i.e., passage of regulation changes, annual publication of
area brochure, bag limits) during the periods of allowed hunting. 'Elie COMMISSION shall
provide law en tbreement patrol periodically throughout the year.
7. AUTHORIZED USES. Authorized uses ft)r, the purposes of this Agreement shall be
defined as those management activities that the COMMISSION is authorized to pertorm under
this Agreement and the approved Habitat Management Plan. The authorized uses shall be
consistent with statutory requirements that the Caracara Prairie Preserve he managed and
maintained in an environmentally acceptable manner to restore and protect its natural state and
condition, including permitting of compatible recreational use. The authorized uses shall at
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minimum, always include essential site management measures including security, policing,
resource protection, public access and recreational use, and habitat management.
8. UNAUTHORIZED USES. The COMMISSION shall, through their agents and
employees, prevent the unauthorized use ofthe Caracara Prairie Preserve or any use thereof not
in conformance with this Agreement.
9. INSURANCE REQUIREMENTS. The COUNTY shall be responsible for any
improvements or structures located on the Caracara Prairie Preserve. This protection shall be
afforded through the purchase of a Real and Personal Property Insurance Policy or through Self
Insurance, as the COUNTY deems appropriate.
10. PLACEMENT AND REMOVAL OF IMPROVEMENTS. The COMMISSION shall
obtain prior written approval from the COUNTY before constructing or locating any structures
on the Caracara Prairie Preserve. No trees shall be removed or major land alterations done
without the prior written approval of the COUNTY. All permanent structures shall remain the
sole and exclusive property of the COUNTY. Temporary structures constructed or located on
the Caracara Prairie Preserve by the COMMISSION shall remain the property of the
COMMISSION.
11. ARCHAEOLOGICAL AND HISTORICAL Sii'ES. Execution of this Agreement in no
way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The
collection of artifacts or the disturbance of archaeological and historic sites on the Caracara
Prairie Preserve is prohibited unless prior authorization has been obtained from the Department
of the State, Division of Historical Resources. The l-labitat Management Plan shall be reviewed
by the Division of Historical Resources to insure that adequate measures have been planned to
locate, identify, protect and preserve the archaeological and historic sites and properties on the
Caracara Prairie Preserve. The COUNTY will notify the Division of Historical Resources
immediately if evidence is found to suggest that any archaeological or historic resources may
exist.
12. PERMITS. The COUNTY shall be responsible for securing all local, State and Federal
permits required for management actions under this agreement.
13. HUNTING. Hunting shall be approved and regulated through the COMMISSION. No
hunting shall be allowed on the Caracara Prairie Preserve prior to the effective date of this
Agreement. The Caracara 'Prairie Preserve shall be incorporated into the existing Corkscrew
Marsh Unit of the CREW WEA. All hunting regulations, monitoring, and enforcement activities
associated with the Corkscrew Marsh Unit of the CREW WEA shall also apply to the Caracara
Prairie Preserve.
14. SIGNAGE. The COMMISSION shall legally post appropriate signage along the perimeter
of the Caracara Prairie Preserve.
15. MODIFICATION OF AGREEMENT. No waiver or modification of this Agreement
shall be valid unless in writing and lawfully executed by all parties. It is the intention of the
78
1 1
COMMISSION and the COUNTY that no evidence of any waiver or modification shall be
ofTerod or received in evidence in any proceeding or litigation between and among the parties
arising out of or affecting this Agreement unless such waiver or modification is in writing and
executed as afresaid,
16. RELATIONSHIP OF PARTDES, It is understood that an employer-employee
relationship does not exist between the COMMISSION and the COUNTY and neither of the
parties shall be responsible tlx providing Workers' Compensation Insurance and withholding
services for the other party or its employees. Each of the parties stipulates that they are not
aware ot any conflict of interest prohibiting them from entering into this Agreement.
17. OTHER AGREEMEN1[8, This Agreement contains the complete agreement between the
COMMISSION and the COUNTY. Each party acknowledges reliance on its own judgment in
entering into this Agreement. The COMMISSION and the COUNTY further acknowledge that
any representations that may have been made outside of those specifically contained herein are
of no binding effect and have not been relied upon by either party in their dealings with the other
party in entering into this Agreement.
18. PUBLIC RECORDS. The COMMISSION and the COUNTY shall abide by the
provisions of Chapter 114, Florida Statutes, allowing public access to all documents, papers,
letters, or other material as applicable.
19. NOTICES. Any and all notices shall be delivered to the parties at the following addresses
or such changed address or addressee as may be provided by notice). A notice or other
communication shall be deemed received by the addressee on the next business day after having
been placed in overnight mail with the O. S. Postal Service, or other overnight express service
such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery
shall be deemed received when actually received by the addressee:
FOR THE COUNTY: FOR THE COMMISSION:
Melissa Hennig Mike Brooks
Collier County Board of County Commissioners Florida Fish and Wildlife Conservation
Conservation Collier Program Commission
3335 Tamiami Trail. East, Suite 101 620 South Meridian Street
Naples, FL341l2 Tallahassee, FL 32399-1600
Tel. 239-252-2957 Tel. 850-617-9583
melissuheoui'(�co|\ieraov.net [nikc.brookx>Jnov|\xe.com
20. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public
records in accordance with the laws applicable to the parties.
21. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent
or wrongful acts of its employees and agents. Flowever nothing herein shall constitute a waiver
by either party of sovereign immunity or statutory limitations on liability.
79 ,'
118
22. STATE REQUIRED CLAUSES.
a. Non-discrimination. No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the
proceeds or benefits of, or be otherwise subjected to discrimination in performance
of this Agreement.
b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134,
Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal or reply on a
contract with a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on leases of real property to
a public entity; may not be awarded or performlvork as a supplier, sub or consultant
under a contract with any public entity; and may not transact business with any
public entity.
c. Public Entity Crimes. In accordance with Section 287.133(2)(a), FS.. a person
or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not perform work as a grantee, supplier, sub,
consultant or by any other manner under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for Category Two, for a period of 36 months
from the date of being placed on the convicted vendor list.
d. Legislative appropriation. For contracts whose term extends beyond the State
fiscal year in which encumbered funds were appropriated, the State of Florida's
performance and obligation to pay is contingent upon an annual appropriation by the
Legislature.
23. NON-ASSIGNMENT. This Agreement and may not be assigned in whole or in part
without the written approval of all parties. Any such assignment or attempted assignment shall
be null and void.
24. SEVERABtLITY AND CHOICE OF VENUE. This Agreement shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement. Any action in
connection herewith, in law or equity, shall be brought in Leon County, Florida.
25. NO THIRD PARTY RIGHTS. The parties hereto do not intend nor shall this Agreement
be construed to grant any rights, privileges or interest to any person not a party to this
Agreement.
80
118
26. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties
hereby waive trial by jury in any action or proceeding brought by any party against any other
party pertaining to any matter whatsoever arising out of or in any way connected with this
Agreement, or with the products or services provided under this Agreement; including but not
limited to any claim of quantum meruit.
27. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order
96-236, the Commission shall consider the employment by the County of unauthorized aliens a
violation of section 274A(e) of the immigration and Nationalization Act. Such violation shall be
cause for unilateral cancellation of this Agreement if the County knowingly employs
unauthorized aliens.
28. ENTIRE AGREEMENT; AMENDMENT. This Agreement with all incorporated
attachments and exhibits represents the entire agreement of the parties. This Agreement may be
amended by mutual written agreement of the parties.
The remainder of this page intentionally left blank
81
1 FW 1
( ontrac o 11071
1 1H
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum ot Agreement to
he C‘CCLited through their duly aulhorired sigliatorie, on the da■ and )ear last below written.
Emit party is signing this agreement on the (LAN slated !HAW* !hilt party's signature. The
latest date of signing shall he inserted in the first sentence of the first page and shall he
deemed the effective date of this Agreement.
BOARD OF('OF NTY C,70MMISSIONERS FLORIDA FISH AND WILDLIIIi
OF COLLIER COUNTY. FLORIDA CONSERVATI ' .' COMMISSION
. ........ .,!..- '.. .,/4 /. --
Fred W, Cos le. CHAIRMAN ' OR IDA Fxeetztivc )' .ctor for designee
IR /, i l■ i
1„fate, -'i"Lifirl. 1,' ',:'.4-121„„
_ ,--ATTNT— ,,,t,1,N%C.3 % Approved 3r. to form and legalitY:
,UW 14;14T-14-7ifftf,eft,11-,Eilli -Z6
Approved as to fbrrn and legal Commission Attorney
sufficiency '''"c,s=lf's) FL ik. (3. ....3 -3 i'T t_. STATE OF FLORIDA
Attachments and FAhibits in this Contract include the following:
ENhihit A Interfax:al Agreement between Collier County and the Corkscrew Regional
Leosystem \‘'atershed Land and Water Titht
Exhibit 13 CRL‘k ',/aldlite and Env ironmental Area Brochure Pamphlet
Fvhihn C Calacara Pranie Preserve Proper” Legal Description
‘hihit 11 Collier County Ordinance No 2007-65
.tri*ese; .
A/TTEST
D ••', C Clink C.?.,c awns I I 14
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A '',' ( 1-k.t. A _ 1 "nu ....1.1.3.11z.
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Attseti* 11, CM11111. i
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7
82
11B
['WC lnterlocal Agreement -
EXHIBIT
I /V.'
--
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL, ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
l'his Agreement is entered upon this 11-3 day of , 2011, by
COLLIER COUNTY, a political subdkision of the Suite of Florida, its successors and assigns,
(hereinafter referred to as -COVNTr). whose address k 3-299 Tamiami Trail Fast, Naples, FL
34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND
WATER TRUST, INCORPORATED, a Florida non-profit corporation, thereinafter
referred to as "TRUST"), whose address is 23998 Corkscrew Road, Estero. FL 33928,
WITNESSETH
WHEREAS, the COUNTY owns an undivided ninety-lbur point four (94 4%) percent
interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically
described in Exhibit-A-attached hereto and incorporated herein by reference ("Property"); and
lEREAS, the TRUST owns an undivided live point six 5 6%) percent interest of the
Property; and
WHEREAS, the COUN FY is required to manage the Property in perpetuity, as set forth
in Collier County Ordinance No 02-63, as amended
NOW. THEREFORE, for good and valuable consideration, the COUNTY and the 1RUST
hereby mutually agree:
1. I hat the TRUST authorizes the COUNTY to unconditionally use its undivided live point
six (5.6%) percent interest of the Property for the purposes of restoration and
management for the benetit of present and future generations.
2. That the TRUST authorizes the COLIN FY to enter into agreements with other
governmental agencies in order to implement management activities outlined in the
Caracara Prairie Preserve Ilabitat Management Plan.
3 Ihat all the terms herein contained run with the land and shall More to the benefit of and
he binding upon the parties hereto and their respecti executors, administrators, personal
representatives, heirs, successors, and assigns:
4. That CREW has no liability or responsibility for the management of the Property.
5. 1 That CREW will nut benefit in any way from the Property. nor assume the responsibility
for funding management oldie Property.
83
1 1 B
IN WITNESS WHEREOF,the COUNTY has hereunto set its unauthorized hand and seal as
of this date and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BRACIC,CLERK OF COLLIER COUNTY,FLORIDA
„ C y:
irt175-1%."7417:" /1113vill FRED W. COYLE,CHAT AN
Approval fortormLand legal Sufficiency:
Jenrilar B. White
Assistant County Attorney
AS TO CREW: CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER TRUST,
DA I EDA 1.A\ INCORPORATED, a Florida nonprofit
corporation
WITNESSES: (S nt `.)
(Printed Name hAT/i
EizaltA 5' k BY
ill Hammond,Chairman
(Signature)
(Printed."; e
st•phen A. Walker,Esq.
Approved as to form and legal sufficiency:
84
CREW Interlocal Agreement - EXLIIBIT 1 1B
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNI`Y, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 0005 3080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER. (NW1/4) OF NORTHEAST QUARTER (N1 1/4) OF
SECTION 30, TOWNSHIP 46 SOFFITI, RANGE. 28 LAST, OF C.OLLIIR
COUNTY, FLORIDA.
85
11B
F\VC Interiacal Agreement—Exhibit B
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This brochure is designed to provide the public with information and a Permit applications: (-Hunters must submit electronic applications for quota
summary of regulations pertaining to hunting and other recreational use on and special-opportunity permits through the Commission's Total Licensing
the CREW Wildlife and Environmental Area.Regulations that are new or System (TLS).Worksheets listing hunts,application periods,deadlines and
differ substantially from last year are shown in bold print. Area users instructions are available at county tax collector's offices, FWC offices or
should familiarize themselves with all regulations.Far exact wording of the tr4yFWC.coni.Quota application periods occur throughout the year beginning
wildlife laws and regulations,see the Florida Fish and Wildlife Conservation April 1.please refer to the hunting handbook or MvFWC.cont for specific
Commission's wildlife code, on file with the Secretary of State and state dates.Worksheets will be available about 2 weeks prior to each application
libraries.This brochure,the Florida limiting Regulations handbook and quota period.
permit worksheets should provide the information necessary for you to plan
your hunting activities. These publications are available from any Guest hunters: For each non-transferable archery, muzzleloading gun,
Commission office,county tax collector and at MxFWC.com. general gun, wild hog. spring turkey and mobility-impaired quota permit
issued through the Commission's TLS, only one guest permit may be
Persons using wildlife and environmental areas are required to have obtained.The following persons may be a guest hunter,but are not required
appropriate licenses,permits and stamps.The following persons are exempt to obtain a guest permit:a youth under 16 sears of age,a youth supervisor.a
from all license and permit requirements (except for quota permits when mentor license holder or a mentor license supervisor.A quota permit holder
listed as"too exemptions.° recreational use permits.antlerless deer permits (host)may only bring I guest hunter at a time.The lolloeving persons rue not
and the Migratory Bird Hutting and Conservation Stamp (federal duck considered to be guest hunters:otter quota permit holders,non-hunters and
stamp]): Florida residents who are 65 dears of age or older;residents who exempt hunters(on areas and during seasons that allow exemptions). The
possess a Florida Resident Disabled Person Hunting and Dishing Certificate; host must share the bag limit with the safest and the host is responsible for
residents in the 11.5.Armed Forces,not stationed in Florida,while home on violations that exceed the bag limo.The guest and host must enter and exit
leave for 30 days or less.upon submission of orders;and children under 16 the area together and must share a street-legal vehicle while hunting on the
years of age.Children under 16 years of age are exempt from the federal area.The guest may only hunt while the host is on the area A person is only
duck stamp Anyone born on or after June I, 1973 and 16 years of age or eligible for one guest permit per hunt.Guest permits may only be obtained
older must have passed a Commission-approved hunter-safety course prior to from license agents or county tux collector's ollicer;.Guest pernuits may be
being issued a hunting license, except the Hunter Safety Meruoring obtained up to and during the last day of the hunt_Refer to the quota hunt
exemption allows anyone to purchase a hunting license and hunt under the worksheets for additional information.
supervision of a licensed hunter,2I years of age or older,for one year
Youth and mentor license holders:A youth hunter Hess than 16 years of age)
Licenses and permits may be purchased from camty tax collectors,license must be supervised by a person at least IS years of age.A mentor license
agents.at FWC comylicense or by telephone at 1-888-486-b356. A no- holder trust be supervised by a Iiornsed hunter at least 21 years of age.
cost Migratory Bird Permit is available when purchasing a hunting license Unless exempt,only those supervisors with proper licenses and permits may
Any waterfowl hunter 16 y'ears of age or older must possess a federal duck hunt. If the supervisor is hunting during any hunt (not including special-
stamp;available where limiting lictmses are sold.at most post offices or at opportunity)for which quota permits are issued,at least one person in the
duckstanrtt.cons. party must be in possession of a quota permit During a hunt that allows
exemptions,a non-exempt supervisor of a youth must have a quota permit to
QUO'rA PERMIT INFORM ATION: hunt.A norm-hunting supervisor is allowed to accompany a youth or mentor
AjSlten - 25 (Corkscrew Marsh Unit), 30 (flint Pet Strandfwestem Bird license holder during any hunt(including special-opportunity').
Rooker'Swamp Units),norrorst,quota permits(no exemptions).
Muzzleloudtng_.,GG.lud - 25 (C;orkscrew Marsh 11n4 30 (Flint Pen Transfer of permits:Quota and guest permits are not transferable.Except tar
Strand/western Bird Rookery Swamp Units), no-cost, quota permits (no youth under 16 years of age, a positive form of identification is required
exemptions) when using a non-transferable permit. The sale or purchase of any quota
General Guru-25(Cork.screw Marsh Unit),30(Flint Pen Strand western Bird permit or guest permit is prohibited.
Rookery Swamp Units),no-cost,quota permits(no exemptions).
Spring,Turkey-5(Corkscrew Marsh 1-hnit),5(Flint Pen Strmd.'wtestcrn Bird
Rookery Swamp Units),no-cost.quota permits(no exemptions)for each of 2
hunts.
86
11B
GENERAL AREA REGULATIONS: HUNTERS AND CHECK STATIONS:
AU general laws and regulations relating to wildlife and fish shall apply unless 1. Hunting equipment and dogs may be taken onto the WEA after 8 a.m.the
specifically exempted t-or this area.Hunting or the taking of wildlife or fish on day before the opening of a season and shall be removed by 6 pm.one
this area shall be allowed only during the open seasons and in accordance with day after the end oldie season.
the following regulations: 2. Hunters shall enter and exit the area at a designated entrance, except
1. Any person hunting deer or accompanying another person hunting deer hunters entering or exiting the("'orkacrew Marsh Unit shall use Gates 5 or
shall wear at leant 500 square inches of daylight fluorescent-orange ti.
material as an outer garment,above the waistline.These provision are 3. Hunters shall check in and out at a designated cheek station when entering
not required when hunting with a bow and arrow during archery season. and exiting the area and cheek all game taken.
2. Taking of spotted fawn,swimming deer or roosted turkey is prohibited. 4. No deer or turkey shall be dismembered until checked at a check:nation.
Species legal to hunt are listed under each season.
3. It is illegal to hunt over bait or place any bait or other food for wildlife on GUNS:
this area. 1. Hunting east of or within .-mile of the western Northi'South Tram Read
4. Driving a metal object into any tree,or hunting from a tree into which a and south of Bonita Beach Road in the Bird Rookery Swamp Unit is
metal object has been driven,is prohibited. prohibited.
5. No person shall cut,damage or remove any natural,man-made or cultural 2. Hunting with centerfrre or rimtue rifles is prohibited.
resource without written authorization of the landowner or primary land 3. All firearms shall be securely encased and in a vehicle,vessel,camper or
manager. tent,dnrtng period when they are not a legal method of take.Persons in
6. Taking or attempting to take any game with the aid of live decoys, possession of a valid Concealed Weapon or Firearm license may mny
recorded game calls or sounds,set guns,artificial light,net,imp,snare, concealed handguns.
drug or poison is prohibited. Recorded calls and sounds can be used to 4. -Target practice is prohibited.
hunt furirearers,wild hog and crows. 5. Hunting with a gun and light is prohibited.
'. The wanton and wilItul waste of wildlife ie prohibited. 6. Muzrleloading guns used for taking deer must be.40 caliber or larger,if
8. Hunting, fishing or trapping is prohibited on any portion of the area firing a single bullet,or he 20 gauge or larger if firing two or more balls.
posted as closed to those activities. 7. Children under the age of 16 may not be in possession of a firearm unless
9. People,dogs,vehicles and other recreational equipment are prohibited in in the presence of a supervising adult.
areas posted as"Closed to Public Access"by FWC administrative action, 8. No person shall have a gun sender control while under the influence of
10. 'faking or herding wildlife front any motorized vehicle, aircraft or boat alcohol or drugs,
which is under power is prohibited,until power and movement from that 9. For punting non-migratory game, only shotguns, pistols, bows,
power,has ceased. crossbows,innzzleloading guns or falconry may be used.Hunting during
I1. Most game may be hunted from t6 hour before sunrise until'.i hour after the spring turkey season with firearms other than shotguns or using a
sunset;see exceptions under each season), shotsize larger than#2 Is prohibited.
12. The release of any animal is prohibited,without written authorization of 10. For hunting migratory game,only shotguns,bow or falconry may be used.
the landowner cur primary land manager. Shotguns shall not be larger than 10 gauge and shall be incapable of
13. The head and evidence of sex may not be removed from the carcass of holding more than three shells m the magazine and chamber combined.
any deer or nukey to the area t t. Firearms using rim tire or non-expanding,full metal jacket(military ball)
14. The planting or introduction of any not-native plant is prohibited,without aremunitimn are prohibited for raking deer.
written authorization of the landowner or primary land manager. 12. Fully automatic or silencer-equipped firearms,centertire semi-automatic
It Wild hog may not be transported alive. rifles having a magazine capable of holding more than five rounds,
16. Littering is prohibited. explosive or drug-injecting devices and set guns are prohibited.
17. Fires other than campfires at approved campsites are prohibited
18. A Fish and Wildlife Conservation Commission Law Enforcement Officer DOGS:
may search any camp,vehicle or boat,in accordance with law. 1. Hunting with dogs is prohibited,except.bird dogs or retrievers may be
19. Planting of trees,shrubs or other vegetation is prohibited without written used during general gun and small game seasons.
authorization from the landowner or the Commission. 2. Dogs on leashes may be used for trailing wounded game.
3. For purposes other than hunting,dogs are allowed,but must be kept under
PUBLIC ACCESS AND VEHICLES: physical restraint at all times.
1. Open to public access year round from 2 hours before sunrise until 2
hours after sunset,unless camping at a designated campsite. CAMPING:
2. All persons shall enter and can the area at a designated entrance. 1. Camping is allowed only at designated sites by persons with written
3. The use of ATVs, swamp buggies, tracked vehicles, vessels (except authorization from the South Florida Water Management District(239-
canoes or kayaks) or unlicensed and unregistered mottrcy les is 657-2253)or by individuals participating in the hunt.
prohibited, except swamp buggies may he operated by individuals 2. Camping equipment may be taken onto the area after 8 a.m. the day
participating in the hunt, before the opening of a season' and shall he removed by 6 p.m. one day
4. Vehicles may be operated only on named or numbered roads designated after the end of'the season,
for vehicles, 3. No persons shall bring building materials onto the area or erect permanent
5. During archery, muzzleloading gun, general guru and spring turkey or weft-permanent structures.
seasons and beginning at 8 a.m. the day prior to the opening of each
season,vehicles may also be operated on named or numbered trails by BAG AND POSSESSION LIMITS: During quota hurts, host hunter and
individuals participating in the hunt, guest must share all bag and possession limits.
6. Parked vehicles may not obstruct a road,gate or firelarne. 1. Deer-Flint Pen Strand I western Bird Rookery Swamp Units: 1 per quota
7. No motor vehicle shall be operated on any part of any wildlife and permit,
environmental area that has been designated as closed to vehicular traffic. 2. Wild hog-No size or bag limit,
8. The use or possession of horses is prohibited,except by special-use permit 3. Turkey-1 per spring turkey quota permit.Daily limit 1,season limit 2.
from the South Florida Water Management District.No horse permits will 4. Gray squirrel,quail and rabbit-Daily limit 12,possession limit 21 for
be issued during hunting seasons. each.
5. Raccoon,opossum,armadillo,beaver,coyote,skunk and nutria•No bag
limits.
6. Bobcat and otter-Prohibited.
7. Migratory birds-See Migratory Bird Hunting Regulations pamphlet.
87
118 ,
ARCHERY SEASON: MIGRATORY 131R.0 SEASONS:
August 6-14, Rail, common moorhen, mourning dove, white-winged dove, crape, duck,
Permit, Stamp and License Requiresncnts - Quota permit, hunting license, geese, coot, woodcock and crow may be hunted during seasons
management area permit,archery permit,deer permit(Shunting deer)and established by the Commission for these species that coincide with the
migratory bird permit(if hunting migratory birds). archery,muxata oadittg gun,general gun or small game seasons.
Legal to Hurst-Deer with at least one antler 5 inches or more in length,wild Permit,Stagtu and Licence Requirements-Quota permit(if hunting during a
hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, quota period),hunting license,management area permit,migratory bird
coyote,skunk,nutria and migratory birds in season. permit, and state waterfowl permit and federal duck stamp (if hunting
jteaulattwts Unique to Archers Season- In addition to these regulations,all waterfowl).
General Area Regulations shall apply. local to HUM-See Migratory Bird Hunting Regulations pamphlet.
I. Hunting deer is prohibited in the Corkscrew Marsh Unit. I,xn.+.iona Um a' to Mit .of ' S ,=or.- - In addition to these
2. Hunting with firearms or crossbows(except by disabled crossbow permit) regulations,all General Area Regulations and Migratory Bird Regulations
is prohibited, except that centertire shotguns are allowed fur hunting shall apply.
migratory birds when one or more species are legal to hunt(see Migratory i Hunting duck,geese and coot with lead shot is prohibited.
Bird section and the current Migratory Bird Hunting Regulations 2. Centertire shotguns are allowed for hunting during established area
pamphlet). seasons when one or more migratory birds are legal Io hunt
MtZ'ZLELOADING GUN SEASON: FISHING AND FRCX,G1NG;
Seats n ber 3-5. ttIlowed year round 2 home before sunrise until 2 hours alter filmset.
Permit. Rainy and License Requirements - Quota permit, hunting license, Permit.Stamp and License j eatarements-Fishing license(not required when
management area permit, nruzzleloading gun permit, deer permit (if frogging).
hunting deer)and migratory bird permit(Shunting migratory birds). Legal to Take-See Florida Freshwater Fishing Regulations Summary.
Legal to lima-Deer with at least one antler 5 inches or more in length,wild Regulations Unique to Fishing and Frogging-All General Area Regulations
hog, gray squirrel,quail, rabbit, raccoon,opossum, armadillo, beaver, and General Freshwater Fishing Regulations shall apply.Shooting frogs is
coyote,skunk,nutria and migratory birds in season. allowed only during the listed open hurtling seasons and only with the
Regulations Unique to Muzzzleloading Gun Season - in addition to these legal methods of take during each particular season.
regulations,all General Area Regulations shall apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit. GENERAL INFORMAITiON:
_. Hunting with archery equipment or firearms,other than muzzleloading 1. Information for persons with disabilities can be found at
guns,is prohibited,except that centerfire shotguns are allowed for]nutting ,MvVWC.cont/ADi1,..
migreb iy birds when one or more species are legal to hunt(see Migratory 2. If you have any questions about this material,please call the Fish and
Bird section and the current Migratory Bird Hunting Regulations Wildlife Conservation Commission at 561-625-5122 (TDD 800-955-
pam phi et). 571 1)
GENERAL GUN SEASON: SOUTH FLORIDA WMD INFORMATION:
November 19.27. This land was acquired under the Save Our Rivers(SOR)Program.The
Permit, Stang and License Requirements - Quota permit, hunting license, purpose of SOP,is to conserve and protect unique and irreplaceable lands,
management area permit,deer permit(Shunting deer)and migratory bird restore areas to their original condition as much as possible and allow
permit(if hunting migratory birds), controlled multiple recreational and educational uses consistent with this
legal to Hunt-Deer with at least one antler 5 inches or more in length,wild purpose.
bog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,
coyote,skunk,nutria and migratory birds in season. COOPERATION REQUESTED:
Regulations Unions to General Gut Season-In addition to these regulations, if yens see law isolators or suspicious activities, eonbs r your nearest
Commission regiotn:rl office or call 14555-404-FWCC. You may qunllfy for a
all General Area Regulations shall apply. �
I Hunting deer is prohibited in the Corkscrew Mtush Unit. cash reward fivm the Wildlife Alert Reward Association.
2. Hunting with bird dogs or retrievers is allowed. The U.S.Dep rtnrent of the interior prohibits discrimination on the basis
±. Hunting with cenrerftre or rimfire rifles is prohibited. of race,color,national origin,age,sex or handicap.If you believe that wits
have been discriminrss&against in or program, activity or facility as
SMALL GAME SEASON: described above.. or if you desire fisrther information phase write to: The
December 3 through January I, Office for Human Resources.US Fish met Wildlife Service,Department of the
Permit.Stamp and License Reel :etnents-Hunting license,management area interior. Washington,D.C.20240.The project described in this publication is
permit, migratory bird permit (if hunting migratory birds), and state part of a program hided by federal dollars under the Wildlife Restoration Act
waterfowl permit and federal duck stamp(if hunting waterfowl). Federal finds pay 20 percent Odle cost of the program.
legal to Hunt- Gray squirrel, quail, rabbit, raccoon, opossum, armadillo,
beaver,coyote,skunk,nutria and migratory birds in.season. When you spot law violators or suspicious activities,
Regulations groans to Small 011111e Season-In addition to these regulations,
all General Area Regulations shall apply contact your nearest Commission regional office or
I. Hunting with bird dogs and retrievers is allowed call
2. Hunting with centertlre and rimfirs titles is prohibited.
TRAPPING:Prohibited. 1-888-404-FWCC
SPRING TURKEY SEASON:
j.Iareh3-6 and 7-I1. You may qualify for a cash reward from the
permit. Stamp and license Reguiretnenta - Quota permit, hunting license, Wildlife Alert Reward Association.
management area permit and wild turkey permit.
Legal to Hunt-Bearded turkey or gobbler.
j ectnlations Unique to Sortie Turkey Season-In addition to these regulations,
all General Anne Regulations shall apply.
I. Legal shooting hours are¶5 hour before sunrise until I p.m.
2. Hunting other animals is prohibited.
3. Hunting with ftreartns other than shotguns or using a shot she larger
than#2 is prohibited.
88
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11B
MC Inter local Agreement— Exhibit C
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4)
OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER
COUNTY, FLORIDA.
‘1/4pilEy (5 77S8298 8
1 1 B
FWC Interlocal AlIrectrent— Exhibit D
Kel
REHM] ORDINANCE NO.2007. e 5
AN ORDINANCE AMENDING ORDINANCE NO 2002-63,
WHICH ESTABLISHED THE CONSERVATION COLLIER
PROGRAM,BY REVISING SECTION SIX; CREATION OF
THE CONSERVATION ((WI IER ACQUISITION FUND;
SEC IION EIGHT: LAND ACQUISITION ADVISORY ...
COMMITTEE; SECTION TEN: CRITERIA FOR
EVALUATING LANDS FOR ACQUISITION AND
MANAGEMENT; SECTION ELEVEN: ACQUISITION
. •
LIST; SECTION TWELVE: NOMINATION OF ' •
ACQUISITION PROPOSALS AND CANDIDATE SITES:
SECTION THIRTEEN: PROCEDURE FOR SELECTION
OF ACQUISITION PROPOSALS FOR PLACEMENT ON
THE ACTIVE ACQUISITION LIST AND SUBSEQUENT
PURCHASE, PROCEDURES; SECTION FOURTEEN:
MANAGEMENT PLANS AND USE OE
ENVIRONMENTALLY SENSITIVE LANDS; SEC.TIO
FIFTEEN: RESPONSIBILITIES OF THE COUNTY
MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES;AND PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS. Collier County has studied various methods for the acquisition of
environmentally sensitive land for conservation.preservation and urban green space:and
WHEREAS, Collier County has Home Role Preners establiahrd b the Florida State
rgislanue isn to Igor Slierures,Chapter 125 and has the power to(arry on gavel-mon(
he eNtent not inconsistent■vith genera:law,and
WHEREAS, Coll,cr County drshea to provide a rmhanistn to cqunahly deal with the
tmplemenration of the Community Character Plan, the Comprehensive Growth Ntanaement
Plan.which recommend acquisition of env innuncmal ly rcnsitiv,lands:and
WI IERliAS.on Tuetday,November 5,2002,the elrefornte of Collie:County authoriiv,1
the County to levy a 0.25 null ad valorem property tax fur 3 period not weed III MN years.
for acquisition, protection, remoration, and numaRaNnent of environmentally :sensitive lands in
Collier County for the benefit of present and fiat"generations;and
WHERF,AS, Collier Countv's significant natural resources. productive emuarirs and
wetlands. remarkable bindiver5ity, and unique subtropical habitats harbv.Irmg many species of
are and endangered flora and fauna merit the most protection any county's citizens'could offer.
and
WHEREAS,it is the intent of the Board of County Commisstonem of Collier County to
establish Conservation Collier to implement this mandate and to support as purpnws 10 the
fullest,limning all uses of,and 311 investment earnings on,such Levies to such purposes:and
WHEREAS,the Collier County Bard of County Commissioners tecognires the need tor
the creation of an advisory hoard w advise the County and the puhlie in the implementation of
the program and the selection of project SACS for aCqUISLU011;and
iriiitc.addrdl nfikodiftverbnleelcd,
91
118
WHEREAS, the Collier CoUnty Board of County Commissioners,in recognition of the
fact that the proposed environmentally sensitive lands arc to be purchased in whole or in pan
through a special ad valorem assessment, hereby recognize the rights of our citizens to have
reasonable public access and for all our citizens to partake and enjoy various outdoor activities in
a reasonable and environmentally friendly manner on lands purchased with these funds;and
WHEREAS,the Board of County L'ommissioners will VISAIIC that Conservation Collier is
a willing participant program and shall utilize only methods of voluntary acquisition:
NOW, TIIERLEORE, BE IT ORDAINliD BY 1 HE. BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION 1;Name:,
This ordinance shall be known as Conservation Collier Implementation Ordinance.
SECTION 2: Obiectivest
Conservation Collier i3 therefore hereby established to acquire. preserve, restore, and
maintain vital and significant threatened natural lands. forest, upland and wetland communities
located in Collier County,for the benefit of present and future generations.
SECTION:1—Findings;
The foregoing recitals are true and correct and incorporated herein by reference,
2 All ad valorem funds generated hereby shall he collected by the Collier County fax
Collector.
3, The County Manager,or his or her designee,shall administer this program in accordance
with the procedures and criteria provided for herein.
SECTION 4—ru- e and Inient;
I. To acquire, protect and manage environmentally sensitive lands that contain natural
upland or wetland communities, native plant communities,rare and endangered flora and fauna,
endemic species,endangered species habitat, a diversity of species,signiticant water resources,
or outstanding aesthetic or other natural features, maximizing protection of Collier County's
rarest,most unique and endangered habitat':
2. To acquire,protect and manage environmentally sensitive lands that offer the best human
social value, including equitable geographic distribution,natural resource based recreation, and
protection of water resources, loca, awareness, and enhancement of the aesthetic
selling of Collier County;
In acquire,protect and manage environmentally sensitive lands that serve to recharge the
County's aquifers and protect its wetlands and surface water resources to ensure the delivery of
clean and plemi fir)water supplies and provide flood control;
4 To acquire, protect and manage environmentally sensitive lands containing the most
biological value,including biodivcrsity.listed species habitat,connectivity,restoration potential,
and ecological quality;
5. To protect present conservation lands by acquiring, protecting and managing adjacent
properties which, if not acquired, would threaten the envinirtmcntal integrity of the existing
rewurcc, or which, if acquired, would enhance and buffer the environmental integrity of the
resource,and add to resource connectivity;
2
Lphisrjaisiseded,strikattwetOstieleted.
. _
1 1 B
6. Eo restore the natural functions, as necess.ary, to any impacted and vulnerable habitats
which would then contribute significantly to fulfilling this program's goals;
7. To help implement the objectives and policies of the Collier County Growth Management
Plan which have been promulgated to preserve and protect environmental protection areas
designatixi in the Plan and other natural forest resources, wetlands, endangered species hahhat,
and vulnerable rare habitats;
8. to identify Collier County's hest and roost endangered cnvimmtiemal lands for
acquisition, protection and management by evaluating the biological and hydrological
characteristics and viability of the resource, OW vulnerability of the resource to degradation or
destruction,and the feasibility of managing the resource to maintain its natural attributes:
9. fu manage acquired envirorunentally sensitive lands with the primary objectives of
maintaining and preserving their natural resource values, and providing appropriate natural
resource-based reereationa3 and educational opportunities,by employing management techniques
that are most appropriate for each native community so that our natural heritage may be
presents]and appreciated by and for present and future generations:
10. to have the acquired sites available, with minimal risk to the environmental integrity of
the site, to educate Collier County's school•age population and the general public about the
uniqueness and importance of Collier Cotany's Nuhcro pic;11 ecosy stems and natural communities,
1 I, To protect natural resources which lie within the boundaries of other conservation
land acquisition programs, where Conservation Collier funds would leveinge significant other
matching sources of funding for other agency acquisition projects that would not be available
without such a local match,or which would result in considerably higher funding rank in another
program, however, Collier County shall exclude Municipalities within the County from any
requirement to provide matching funds;and,
12. To cooperate actively with other acquisition. conservation, and resource management
programs, including,but not limited to,such programs as the State of Florida Conservation and
Recreation Lands program, the Land Acquisition Trust Lund, Florida Forever, and Save Our
Rivers program, where the purposes rib such warms are consistent with the purposes of
Conservation Collier as stated hereinabove.
SECTION 5—Definitions:
The following wards and phrase-s. when used in this chapter, shall have the meanings
ascribed to them in this sixtion,
-Acquisition proposal" shall mean (a)parcel4,s1 of land which hasihave been nominated
or recommended for conservation in accordance with the procedures provided(err herein.
-Acquisition project- shall mean(a) parcel(s)of?and approved by the Board of County
Commissioners for conservation by the county in accordance with procedures provided for
herein.
3. "Authorized Purpose"means expenditures authorized herein,
.4. "Non-profit organization"shall mean an organization as defined in section 501 of
the 1Inited States Internal Revenue Code,operating in Collier County,which includes among its
primary goals the conservation of natural resources and the protection of the environment
Titter]itiudied,,strikyearoiighs-dr Iced
-Buffer land" shall ntean that land which is adjacent to publicly-own 1 1 B ed envimnroental
land, or privately held land permanently dedicated to conservation,or that land w hid' is an in-
holding within publicly-owned environmental land, and which, if not acquired, would threaten
the envinntmental integrity of the existing resource, or if acquired, would enhance the
environmental integrity rind connectivity of the resovree.
es, "Environmentally sensitive"land shall mean that land which contains natural upland or
wetland communities, native plant<3mm-unities. rare and endangered flora and fauna, endemic
species. end:inured species habitat, a diversity of species, significant water resonrces, or
outstanding aesthetic or other natural features.
7, "Management" shall mean the preservation, enhancement, restoration, conservation,
monitonng, or maintenance of the natural resource values of environmentally sensitive lands
which have been acquired or approved for management under Conservation Collier. including
provision of appropriate public access,
tt. "Target Protection Areas" shall mean !Wier areas of environmentally sensitive land
within which are located specific sites which generally satisfy the initial screening criteria and
meet the goals of Conservation Collier.
-Natural resource-based recreation" shall mean all forms of uses which are consistent
with the goals of this program, and are compatible with the s-pecific parcel, Such uses shall
include, but not he limited to, hikinu, nature photography, bird-watching, kayaking, canoeing,
swimming,hunting and fishing,.
SECT - ovation a the Con 'alien Co Her At: uisition 'r l ,d.
Collier County shall establish the('onscnation Collier Acquisition Trust Fund for use in
acquiring environmentally sensitive lands in Collier County. This fund shall icceive and
disburse monies in accordance with the provisions herein.
Conservation Collier Acquisition I rust Fund shall receive monies from the following
sources:
a_ All monies accepted by Collier County in the form of federal, State, or other
governmental grants, reimbursements, allocations, or appropriations, inundation in Fri%ate
grants,donations for acquisition of environmentally sensitive lands and payments provided for
mitigation activity associated with such acquisition activity.
h, Such additional allocations as may he made by the B4Atid of County
Commissioner l from time to time for the purposes set forth herein_
All interest generated from the soulues identified herein except where monies
received have been otherwise designated or restricted.
d. Supplementation from the Conservation Collier Management'Frust Fund,but only
ter ith the approval ofthe Collier County Board of County Commissioners.
C. Up to Eighty-five percent(1014)05%) of all ad valorem revenues collected for
Conservation Collier.
The proceeds of any property acquired with funds from the Conservation Collier
Acquisition Trust Fund that is leased or sold by the County,said proceeds,as determined by the
Board of County Commissioners,to he committed either to the Conservation Collier Acquisition
4
1,,ladOire added;GisilksMAsti+Weiried
94
„„,.
1 1 13
'trust fund or to the Conservation Collier Management Trust Fund for the purposes provided for
herein. Any such sale or lease shall only be in accordance with the goitls of this Program.
Prior to acquiring land located within a Municipality's boundaries,approval must
first be obtained from the governing body or chat Municipality.
The Conservation Collier Acquisition Trust Fund shalt be maintained in a separate and
seeregated trust fund of the County to be used solely for the authorized purposes set forth herein.
3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only
for the following authorized purposes:
Acquisition of properties which have been approved for purchase by cosoltition-of
the Board of County Commissioners.
b. Costs associated with each acquisition including, but nut limited to, appraisals,
surveys. environmental reports, title eoronlitP1015:..,and insurance ',Adel soon*-svof,k, real
property taxes,documentary stamps and surtax fees,and other transaction costs.
e, Costs of administering Conservation Collier, including any loans from the
General Fund for funding start-up costs until such time as the fund is dosed, Administration of
the program may be conducted by County staff or by contract with a private or not for profit
entity subject to meeting all County and Conservation CO:liter purchasing policies prot*clitres.
Administrative costs shall be limited to the greatest extent possible.
To undertake and carry out studies and analyses of county conservation land
needs and ways of meeting those needs,limited to no more than S150,000.00
e. To acquire and dispose of real and personal property or any interest therein when
.sue41-aetraisi+ion-4s necessary or appropriate to protect the natural environment, provide public
access or public recreational facilities, preserve wildlife habitat areas or provide access to
management of acquired lands; to acquire interests in land by means of land exchanges: and to
enter into alternatives to the acquisition of fee interests in land, inludin , the acquisition of
easements,life estates,kases.and leaseback arrangements.
Acquisitions consistent with the Collier County Land Development land
tkov:e4opmerts-enga4a4ofLs and the Growth Management Plan.
To cooperate with other local, regional. state, or federal public land acquisition
programs In such cases, the county may enter into contractual or other agreements to acquire
lands jointly or for eventual resale to other public land acquisition programs in Collier County,
h. All lands acquired and titled solely in the itame of Collier County shall be
managed by Collier County,wherever located, unless by mutual written agreement management
arrangements and responsibilities are undertaken with other local, regional, state, or federal
agencies. AU lands jointly acquired with other local, regional, state, or federal agencies,
including Municipalities, shall include, as part of the acquisition process, some mutual vvrincn
agreement regarding the responsibilities of the joint owners for maintenance.
i. To borrow money through the issuance of bonds fur the purposes provided
herein,to provide for and secure the payment thereof,and to provide for the rights of the holders
them II
5
U.144:r4ric iddcd1,4rititOot *Ivratleed
•
118
j. To invest any funds held in reserves or sinking funds, or any funds not required
for immediate disbursement, in such investments as may be authorized for trust funds under
Florida Statute&Section 215,47 as amended.
k, To insure and procure insurance against any loss in connection with any of
the trust's operations,including without limitation,
a. The repayment of any loans to mortgage lender;or mortgage loans,
b. Any projW;
e. Any bends of the County;
Insurance may be procured in such amounts and from such insurers,including the Federal
Government,as may be deemed r$531)or desirable by Collier('ounty.
To engage the services of private consultants on a contract basis for rendering
professional and technical assistance and advice.
in To identify parcels of land that would be appropriate acquisitions.
n. To do any and all things necessary or convenient to carry out the purposes of.and
exercise the powers given and granted herein to the full extent of the law,
SECTION 7 .Creation of the Conservation Collier Mooapetutrit Trust Egad;
There is hereby created the Conservation Collier Management Trust Fund thereinafter
referred to as the Conservation Collier Management Trust Fund) for the preservation.
enhancement, restoration,vonservation and maintenance of environmentally sensitive lands that
either have been purchased with monies from the Environmentally Sensitive Lands Acquisition
Trust Fund, or have otherwise been approved for management. The Finance Director is hereby
authorized to establish the Conservation Collier Management Trust Fund and to receive and
disburse monks in accordance with the provisions of this section.
I. The Conservation Collier Management.frust Fund shall be maintained in a separate and
segregated trust fund of the County to be used solely for the authorized purposes set forth herein,
2. The Conservation Collier Management from Fund shall receive monies from the
following sources:
a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed
15% of the total collected in any nine year
h. All monies accepted by Collier County in the farm of federal, State, or other
goverrunental grants, allocations, or appropriations, as well as foundation or private grants and
donations, for management of lands acquired with the Conservation Collier Acquisition 'Frost
Fund or otherwise approved for management,
c. Additional allocations as may be made by the Board of County Commissioners as
necessary from time to time for ptirposes strictly consistent with the goals and purposes of
Conservation Collier,
d. All interest generated from the sources identified herein, except where monies
received have been otherwise designated or restricted.
2. Disbursements from the Conservation Collier Management'trust Fund shall be made by
the County Manager or his or her designee only in accordance for the authorized purposes set
forth herein.
a
t,Ift,40141g OF•iiirthfeittivAritted,
118
SECTION 8—Emil Acquisition Advisory-Committee:
Creation and Purpose The Land Acquisition Advisory Committee is hereby established
to assist the Board of County Commissioners in establishing an Active Properties Acquisition
List with qualified purchase recommendations consistent with the goals of Conservation Collier.
2. Appointment and Composition- I he Land Acquisition Advisory Committee shall be
composed of nine(9)members who are appointed by and will serve at the pleasure of the Board
of County Commissioners in accordance with Ordinance No.200 l-55. Membership of the Lund
Acquisition Advisory Committee shall comprise broad and balanced representation at the
interests of Collier County 4:Mutts.including,
a. Environmental and conservation interests in Collier County;
h. Agricultural and business interests in Collier County,
. Educational interests in Collier County:and
General civic and c it inn interests from throughout the county.
Individual members of the Land Acquisition Advisory Committee shall have expertise,
knowledge or interest in ecology, conservation of natural resources, real estate or land
acquisition, land appraisal, land management, eco.rourism or environmental education. A
nominee shall submit to the Board L U C o,nritynconunisstorters written evidence of his or her
expertise, knowledge or interest in any of the above. The members of this committee should
include representatives from different areas of Collier County,
3. terms of Office: The initial terms of office of the members shod he staggered between
the individual interests,for balance purposes,and be set as follows:
a. '1'hree(3)members shall serve three(3)years.
h, Three(3)members shall serve two(2)years.
C, three(3)members shall serve one(t)year.
Thereafter, all appointments shall he for a term or three (3) years. The process .or
appointments and terms of office shall be governed by Collier County Ordinance No.2001-55,
4. Officers, Quorum and Rules of Procedure: At its eailiest opportunity, the membership
of the Committee shall elect a chairperson and vice chairperson from among the members
Officers'terms shall be for a period of one(1)year,with eligibility for reelection,
The presence of five (5) at more members shall constitute a quorum of the Committee
necessary to take action and transact business. The Committee shall, by majorit;, vote of the
entire membership, adopt rules of procedure for the transaction of business. the Land
Acquisition Advisory Committee shall comply with the applicable requirements of the Florida
Sunshine Law, and shall keep a written record of meetings, resolutions, tindings and
determinations in accordance with Chapter 112. Florida Statutes. Copies of all Committee
minutes, resolutions, reports, and exhibits shall he submitted to the Board of County
Commissioners,
Attendance and Vacancies. Committee member attendance requirements, including
failure to attend meetings and member removal from Ake are governed by Collier County
Ordinance No,2001-55,as amended.
7
V nclerlins WO;stfik.iNfottOs-deleted,
118
6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: "[he Land
Acquisition Advisory Committee shall have the following duties and responsibilities:
a. The Land Acquisition Advisory Committee's primary responsibility is to
recommend to the lloard of County Coounissioners an Active Properties Acquisilion List with
qualified purchase recommendations consistent with the goals of Conservation Collier and
pursuant to the policies outlined herein below.
b. The Land Acquisition Advisory Committee may, from time to time, recommend
to the Roan.% of County Commissioners proposed expenditures from the Conservation Collier
['rust Funds; additional selection or acquisition policies. procedures, and programs; and other
such matters as may be necessary to titifill the purposes of Conservation Collier. However,the
goals and primary criteria of Conservation Collier may not be modified except by countywide
referendum vote.
a. the Land i quisition Advisory Committee shall have no power or authority to
commit Collier County to any policies,Co incur any financial obligations or to create any liability
on the part of the County. The actions and recommendations of the Land Acquisition Advisory
Committee are advisory only and shall nut be binding upon the County unless approved or
adopted by the Bond of County Commissioners.
d. At such time as there are ifiStIttleteht uncommitted funds in the CullSerViStIOTI
Collier Acquisition Trust Fund to conclude another acquisition and all acquisition prink:cis have
been closed, the Land Acquisition Advisory Committee shalt repon to the County Cnmmission
that its business is concluded. Alt remaining Conservation Collier Acquisition Trust Fund
monies shall then be transferred to the Conservation Collier Management Trust Fund.
7. Review of the Land Acquisition Advisory Committee. The Land Acquisition Advisory
Committee shall he reviewed by the Board of County Commissioners every thin years inn
accordance with the provisions of Section Nine of Collier County Ordinance No. 2001,55. as
amended,
SECTION 9.Property Elleible fur ACQUISith01$and:Monument;
I Properties eligible to be considered for acquisition and management under Conservation
Collier shall be only environmentally sensitive lands available from willing and voluntary
participants,
2. Acquisition of property shall not be constrained based Ur) the immediate availability or'
013i13gertient money.
3. Arty environmentally sensitive land not on the acquisition list which is offered fur
conveyance or donation to Collier County and is proposed for management by Conservation
Collier shall be evaluated as provided for herein below and may only he accepted and approved
for management by the Hoard of County Commissioners.
SECTION 10-Criteria for EVAluaiina Lands fur Acquisition and Mannement:
I The evaluation of each acquisition proposal shall he based on satisfying at least two of
the initial screening criteria below Qualified sites shall then he further prioritized by secondary
evaluative criteria listed below under Section 2.The initial screening criteria are:
nkImud
a
kla‘is sitslesi;strikothestualis
1 B
a Land with the most rare,unique and cndanyted habitats found in Collier Comtv,
order of preference: tropical hardwood hammocks, aerie oak.scrub,coastal strand, native beach,
aerie pine,riverinc oak,high=rah(saline),tidal freshwater marsh,other native habitats,
h. Lando offering the best human social values, including equitable geographic
distribution,appropriate iii:CCSN for natural resource.based recreation, and enhancement of the
aesthetic setting of Collier County.
c. Land which protects the most water resource values, including aquifer recharge,
water quality,wetland dependant species habitat.and flood control.
d. Land containing the most biological value, including biodiversity, listed species
habitat,connectivity,restoration potential,and ecological quality.
e. Land which enhances and"or protects the environmental value of cumnt
conservation lands through function as a buffer.ecological link,or habitat corridor.
Any qualified land which meets at least two of the above criteria, and has
matching funds available and/or?flitch Conservation Collier funds availability would leverage a
significantly higher funding rank in another acquisition program. .
oireu - 4d &s&I not- be : - -
• let'saanapitia•kaost-tioundarkaa,
*lhose proposed acquisition proposals which are initially qualified under the screening
criteria shall he evaluated and ranked by the staff and Land Acquisition Advisory Committee
using Sceondary Ranking Criteria based on site visit information which confirms or refutes the
initial screening criteria evaluation, and based on comparative size (to prefer larger of similar
parcels), vulnerability to destruction (to prefer roost thrcanened of qualified parcels), overall
resource ecological quality (to prefer highest quality of similar parcels) and the estimated
feasibility and costs of management to prefer most manageable parcels).
3 The Board of County Commissioners hereby shall approve and make a port hereof the
attached initial list of'l'arget Protection Areas within which are located specific sites which
generally satisfy the initial screening criteria and meet the goals of Conservation Collier,
Inclusion on this list is not a guarantee of any specific purchase, All specific proposals will be
evaluated and ranked by staff and the l.and Acquisition Advisory Committee for a
re,commendation of approval to the Board of County Comm i s5ioners.
In accordance with the goals, policies and procedures of this Conservation Collier
Implementation Ordinance, the following list is the first Fargo Protection Areas adopted for
consideration by the Land Acquisition Advisory Committee, County Staff and the Board of
County Commissioners,
All designated Urban lands on the Future I and Use Map of the Collier County
Growth Management Plan with predominantly native vegetative cover,
All Collier County Natural Resource Protection Areas and Sending Lands,as shown
on the Future Land Use Map of the Collier County Growth Management Plan.
c. All undeveloped lands with predominately native vegetative cover in the Northern
Golden Gale Estates, as shown on the future Land Use Map of the Collier County
Growth Management Plan.
9
underline OdecLiarik44frowg4s-dokiksi
118
d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use
Map of the Collier County Growth Management Plan.
4 The County Manager shall prepare and periodically update for presentation to the Board
of County Commissioners,a Conservation Collier Program Miumul,developed by staff and the
Land Acquisition Advisory Committee, which, upon approval by the Board of County
Commissioners,shall be used as a guide for implementing the provisions of this ordinance,and
shall also include the initial and secondary criteria listed herein above for evaluating
Conservation Collier Acquisition Proposals. Commencement of the acquisition and management
proceun shall be immediate upon approval by the Board of County Cemmissioners,passage of
the referendum and appointment of the Land Aequisitiun Advisory Committee, even if he
manual has not been completed.
SECTION 11-M.(111110i011 List:
ihc overall Conservation Collier Acquisition List shall consist of two specific lists: the
Target Protection Areas list and the Active Acquisition List. The Land Acquisition Advisory
Committee and Board of County Commissioners shall approve both in accordance with the
procedures sot forth below:
. The Target Protection Areas List shall consist of lands representing the highest natural
resource values(such as Natural Resource Protection Areas),but generally not specific parcels,
and is iiiitially approved by the Board of County Commissioners and updated periodically by the
Board of County Commissioners and Land Acquisition Advisory Committee, It is established
and updated in accordance with Conservation Collier goals,pit-KA:141TO and enteria,
The Active Acquisition List shall consist of criteria-qualified sites that have been selected
from Target Protection Areas, as well as qualitied acquisition proposals submitted to the Land
Acquisition Advisory Committee by the public, all of which ave d- rause
basteppileetiensesubmitted by hem property owners. The Active AcauisitionList.Sila senarate
proposals into three,Olcategories,,A(Pursue acouisitionl, l (hold for re-ranking in 'NAM
cycle). and cJiNxLi i .e uirip t.. The A-crate eislirojects hift be,.furthee
valcgoriati ys I illigh..PristritY)s 2(medium priority)and 3(low priority),in,Qteler to g,iye. C*Unty
staff direction as to priority for acquisitioneasIsse The Active Acquisition List shall he updated
periodically according to Conservation Collier procedures and crikeria. Site acquisition
proposals that receive the highest evaluations pursuant to the Conser-eition Collier criteria and
for which acquisition is feasible will be placed on this list,pending rectommeealatiort.approval by
the land Acquisition Advisory Committee and approya4by the Board of County Commissinncri
1. Once approved by the Board of County Commissioners,the County shall actively pursue
acquisition of A-catcgo projects on the Active Acquisition List. All sites shall be pursued on a
soluntary -willing participant" basis only, without the use of the County's eminent domain
powers.
4. Projects will only be removed from the Active Acquisition List by successful purchase of
the site, approval of the next succeeding list, withdrawal of positive interest by the property
owner,or by resolution of the Board of County Commissioners. Projects removed may still he
considered at a later time.
,SECTION 12- minion or acquisition proposals and candidate silts;
1.,rt4falAt 444c4LtarikeihrolOc4ektad,
1 1 B
NomMations for the Conseniation C9Die,,r,Ptoplarrt may be made Ily_Apy,persclit Or
telatliZatiOA.,including C'ollicr CotiillY rcg;l03441,.. State or Federal atencies..,ts.y _cc ntaetiria
program staff in'writing and priiIisting positive identification of the varcekprujey2 ihrough a map
or .1.5!lio nurnberts.1. Staff will .0iindAt..in.tittirti to the owner In the. form..91;Pi interest letter
advising of UK luntlittatiun and asking if the owner wisiles,to submit art application for
consideration to the_co n.Wrvatif.ol,Collier Program.
2. An owner may,nminale his or her own a crt itin g an application,
Countlr,will send letters of interest to proNny owners within 1 argot Proteccion
iiiSrVia$ as directed by the Land ,...Nekitottion (N,slyisury Committee asking iLthe O,Wner wishes lo
i4l,brItit an application for consisicalik)11t9 the Conservation ,Prograin,
4. An aPP43090,$,Ubrtlitted by the property owner ultteroptity Manazer or hi s.d3;istoce
shall be evidence of a willing, ller,
5, Whik p,
Spcoiliiio si t . • .ii--ifttfrVillual p. -- - .-
'Vorget Prt4 -.. , have gen. . - - to tt k44vc-o4
- .ntOitHy- •• t •
2, ----Public and landowner applications nominating properties for aequisition may he
submitted at any lime, during or after the first annual public solicitation meeting (described
below), applications shall t5e gatherc‘i and evaluated within the framework ,! 1'an 4cquisiOon
qc1c, whis,h,iiIng frame shall be nuhliely announced. hy-any person er-o '•
Cether-Coenty-,-/-
All-fietbinutiens-ohnh- -• . .
•_ -.-tOrwarded-to-deirnated-.4.terff-arvd-the-4..aind-Aoquidvw-sery
4,
(, There will be an annual public meeting for the purpose of updating the Hoard of
County Commissioners and the public and for soliciting proposals and applications. The first
such meeting will take place at the end or the first year of implementation of Conservation
Collier.
4. 7, 11 the-iipph treta- o - - - - -hy an
fot "- ()sync,/interest shall be disclosed in appli.e.otions in the
same manner as required of wiling applicants by the Collier County Land Development Code,
,341o1l not app! mentol-opplicotos.
6 lf-the-eippheant-Oces-tvet-hove 4111-- '- • took,propeo-y—e•aisitsrie4-4t-tini
oppliot)tion-eri-m1--the--apptielarini-is-a „ — i.undithildresii-e-c-the-ftwitiori-as
ted-in-thie-Propetiy-Approiser's reeorsis-sbail-i-be--pros, rtl-with-thie-apoatii,on,
I - Pro e,uj o se.uisition a. r dacernent on t
Active Acuutsition Litt and Subsequent Purchit.se Procedures;
r\equisitiorsproposals Co; which applications nave beep received shall be prcs.creene,4
using the initial screening criivria, Those that satisfy_two t2f out of six ((ij of the Initial
SCrcsMic1.0.Critcriikshajj he forwarded to the Land Acquisition Advisory Committee fur a pate for
complete evalo4tion,
t
rrdertme alsjed;sitiiiibiiihruagiiiR deleted,
u
11B
t. vim► ty Target
tar weetioni.Aiwa.'`,- .. .. - of inquiry- .. within these
irtrget larotestt _ Well ... • • .• -stuff fax-prelititirta�r
rs`eies+3 using the-initial sefeeninter3tctid:
_- After the first-annual - , }
�itlwrtr' itt$' - ► -1el+en.
Deritgrtateti statf-u s}to-fernier♦-sereert ng-driteria wilI rear - V.,
t _..Acgttisi,tion • sals which do no s " 1y thti; jntlaal acrecninst cntcna e,r w h c1b >;ttist`v
litjul screening criteria but for refuel„igasuns : -fit do may nut fulfill the
purposes of Conservation Collier of-do not ,` ` - - -- Nil l be reported to the Land
Acquisition Advisory Committee and shall not he evaluated turlher unless at !cast five 151
members rif the Land Acquisition Advisory Committee vote for a complete evaluation,
3:3, Proposals which satisfy the initial screening;will be furthctvbr'aluated„fmsrescntation are
fefwaivied to the Land Acquisition Advisory Committee anti-sluff-for critor a review
and ranking, -shalt byal r ai lode ttsite visit,which staff shill cowslip”;s itti the
p-roperty owner, and which mks/ include_.t r..Advisory Committee member, review of
information a lxm Byteecl{Sl available in the Counter's electronic,tialaixises arid rest-arch into
any other records retained by the(golly about„tlle parcels), Using both observed and gathered
data. staff sha I prepare an initial„Criteria Screening Report tIC.'tiltl %.hi.t) will itt4t trig_ tt«I
along,with-ei ttlt-propssal: boundary and location maps for each site. descriptions of the
biological and hydrological characteristics, inehiding initial criteria satisfied. a summary of its
potential for appropriate usc,development potential of the site and adjacent land,an assessment
of the management needs and costs, the assessed and estimated value, and any potentially
available matching funds. #hia-Ftet}t 4-V `- - `- 1n.itiaf s'riteriet
bt eeoisig-Pvepart.
i4. Upon completion of the In InitialCttleftilSereeffingRepoff ISCR, the Land Acquisition
Advisory Committee shall hold a public heating ii+--vionsider the try for
fsresentutiom of information contained,in..lht I( R,.rcgardinb each site, the applicants' and or
landowners' comments.and cornmznIS from the public. A courtesy notice shall be provided to
the owners of properties which arc the subject of the hearing. although failure to notify said
owners shall not invalidate these proceedings,
fi Mier all properties within the current acquisition cvele_h•ye been presented,tTe land
Acquisition Advisory Committee shall evaluate all qualified proposals using i+le—seeondary
ntnfiing criteria;as documented inthe 1CSR _atonic with, acid
public coctuuents,and their nst perjcncc,-4ytori_judionents,and then ra k the paresis iieewithig
edthe A,B and C ranking categories to et-&a recommended rte-to itkt>drproposals for
the Active Acquisition List at tin ,tie lie hearing, $absetbttein Additional meetings may he
called to complete this task.
• Cotail ah°1'(--eaaesiiauttro in ti. NVilltisition--A veisory
iiTiiiis!ttlki i' . - .. •-4tf{ .'ietti-e
• iii_iii: . `ire Sit. " I tnioal- t i+
1'
t_nder lire oddest, i+r-denied.
118
7: t C -•efimpiektie+t-MtAtor stai• _ :. , F a -Ac ui [tat v
C a, stir:nC drib -try,: uppeewe-the-Aetivir
Aei}ttisitien Lit; ,Booed
6, The recommended ,etiY....,t,Liluisition List shall be f<rwAl'A4t o the Board of
County Commissioners, c,.in a public meeting.shalt vote can whether to approve all or part of
the proposed Active Acquisition List. prn crttes,.ittty; $ red but any additional prtl:ttie
ntu4t ai, ,1tjc4tgj to the entire evaluation stOc s ,
7, County Sta l c 11.p atify,pet petty tamers and the 1-itiblie of tlte final approved .Active
Acquisition I•i r„, alut any.,... :. r ddit , - = - gnu
tdditionm bje -to the ctttir evelaattatr m€ s-
8. After approval of the Active Acquisition 1,ict,}°tcal ld,syne Services staff will arrange for
tl5,,,for(tccateaory varcels.proicets at-td who,a plaisala.Ac received make an offer ter tit4
wvvrtettws pursuttrtt to the arprtwc4.,{;t7,nx.r ataon Collier Land Acquisition rttrch e,,. Polka
(Resolution No.2O03-19543 superseyied). Parcels located within the Rural Frintwe'vtfxed Use
District ”Sendintt nt__ Winds N $abject to additional requireme in x r itrdit „,Tr«u,ktcr_.._ot
Uc 1o011.nt.F?Sights #717RI credits, ds specified in IiLe('ottser`ittien CoIh.r Land acquisition
Purehalte Pali- Resolution (Ital-le) or ussopersciled, the
will Jima On an offer is accepted,,Real Lstztt4;k ryGCes staff will prepare a es3ttUr tct and
reQuest die comer sign "fhis y gtt? met7jjtr;tc;t will be presented to the anti r,..,_V tsittv?tt Adva'eri
Committee at a public me tine lwa!1 ide,by majority vote. whether r,i r+rg etutl a po'«al of
the contract Wilk,,BQard Of Courtly Commissioners, ra,long with i11w t ojlttuact ,staff wdl Qreevide
witltF -terra a Project Design Report for eaelt elepruject, including c--n51, i ai title
seseafetii htstnry,card purpose of project,and rrrui;ram qualifications.
,.,rc, c\fty:t."Qbtaininu a recommendation from the I,atvd Acqui;IItjort,Advisor, Committee, the
y ntr"act,Proiect,_esi n it Tort,n.4/ancl, cq,,k shit n Advisory Committee recommendation will
be presented to the lanard C,uuu1y',S..91nrnissiuncrs at a public hearing t r_lhcit._teviewf' and
aci ruval..
q Lim grn Reports. -
__ ity�vote, whiarpoojeots are
10. the hoard of County Commissioners shall have_tjtlul.,.tipprova1 authority for AO
appieval 411 -. _ = - des Latxcl Nog orotiations
f :+tiratiKmtr.. 14tio- eg a+ate 4 . ,: _ .•- _, - i wt, whit
...party our s atttherieed-lay-the-440e4-ef
f=tai+ttt�-{-:t'>ttutti a5iortrrs:
t f L n sue . Otiattton;4- ti nt}- a4# wt}l- resen3-tc+•• t -i tr+ci
mmit -ttte-propeseit-eotitruet t- - - • ,v+caw arx1
+tray- tI-wilt-f r4-hne•reconttt n€latikatns--of the-4;attel-+ e3«:fetisiiiou
Advi5 'r-Corttrtait .- --Q t i,. ar4 r tt rn+.1ed-for
i ta*rrt-a l"tb-r+ •-. a 1 to,r fluted:
J3
ltndert AtideJ;,s€r r bout[ deirred.
11B
4-
The-Boa - -... the contract terms for each proposed
project and shall authorize any and all purchases.
ll I. .. ()pcc a contract has been uproviaund executed by the Beard of County C;nmt>},iss., i t
in accordance vijtl] c)l4lS„o ?IiciC . Beal [stale Services staff shall proceed to..nsc,on„t.11e
lzl4h: Wt>.fproeny in accorduace with County policies.
SECTION 14-H1anttuement Mans and use of environmentally sensitive lands_
I No later than rtty-041 nincty_ptlJ days from the dote of acqui iron, an interims
management plan for any properly acquired shall be submitted by County stall` to the Land
Acquisition Advisory Committee for approval Upon approval,the plan shall he submitted to the
hoard of County Commissioners fur final approval and shall be implemented by the County
Manager pursuant to the Board's direction_ Any such interim management plan(sl shall not be
implemented for more than two(2)years after acquisition of the property.prior to the expiration
of two[2J years,either a new management plan shall be implemented or,by affirmative action of
the Board,the interim plan shall continue.
2. A final management plan, with required review and updating every ten years, shall he
prepared,with review and input of the Land Acquisition Advisory Committee,for each property
acquired by Conservation Collier which shall
(a) Identify such management activities as arc necessary to preserve, enhance, restore,
conserve,maintain,or monitor the resource,us appropriate;and
(b) Identify such uses as are consistent with the preservation, enhancement, restoration,
conservation,and maintenance of the resource;and
(e)Estimate the annual costs of managing the project.
3. Annually, the ten-year management plans prepared during the preceding year shall be
submitted to the Hoard of County Commissioners for its approval. Each ten-year management
plan shall be updated at least every live(5) years from the last date of Board approval,and may
be amended as often as required. Management plan updates and amendments shall be reviewed
by the Land Acquisition Advisory Committee for their input and recommendations and then
submitted to the Board of County Commissioners fur approval.
4. All management plans shalt be consistent with the purposes set forth herein. All
properties acquired or managed through Conservation Collier shalt he managed in accordance
with the approved management plan for that property.
5. No use, infrastructure, or improvement shall be permitted on any property acquired or
managed wider Conservation Collier that is inconsistent with the purposes of the program or that
is not provided by an approved management plan for the propertyi
ts. the County will seek cooperative management arrangements with other agencies and
entities,in keeping with the approved management plans and goals of Conservation Collier.
7, Purchasing land using Conservation Collier program funds permanently extinguishes all
development rights except those strictly compatible with the purposes and goals of-Conservation
Collier, unless such lands Inc esshaggjeLf.ny similar lands w•ith'n as d 4ween multi-parcel
projects that have been pro iouslY•recommended 4�he.c4,iservation Collier Land Acquisition
rSilvtso12 Committee and approved,by the,3uluel sf County Caxnm'ss eat ,irt...,ucsorvlance with
t4
Underline 40ti Hkwv sa de rled.
118
the coals and purpow„s of the Program In case of these land.-xch -es develo ight
tv$10teil to those properties exchanged out of county osviirrsItip.
X. Public access is an important element of management and this Program_ Examples of
permitted uses, subject to compatibility with specific meek, include: hiking, nature
photography, bird watching,kayaking,canoeing, swimming, hunting and fishing. The program
will also make the acquired sites available, with minimal risk to the environmental integrity of
the site, to educate Collier Connty's school•ag,e population and the general public about the
uniqueness and importance of Collier County's subtropical ecosystems and natural communines,
SECIJON 15-KesPQnsibilitics of thc County Moniker:
he County Manager shall facilitate such activittes,designate such staff.and assign such
responsibilities as are necessary to fulfill the purposes of this ihilinatice,chapi .,-The-pnariogef
41417-si-e-twininiiini.- hip-foi^
1-,---1-)esigniite staff . -•• " - 41 itt.V0 • •
• •.• - - • - •tttilli pions.
2. - - Ariel-Aequisition Advi,oro-C.omeni+tee-mt
negotiation r - •ifeveieti-tiegetititiint--strategic ii-for
-•'•:." ^ • to MO rtiitw- •_ . • 11061.1 tiaitit'S
'ea Dtpttril - ' seni ti PC.--Ktfka-aftil
spc C N Su t oldie Conserv-a ion Collier Ad V AA;
I. The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless
reauthorized through similar voter mierendiun approval.
7. The Management Trust Fund continues in perpetuity, as long us Conservation Collier
lands remain in county hands,
SECTION 17-Inclusion in the Code of',irks god Ordinancrs:
Thc provisions of this Ordinance shall become and be made a part of the Code of laws
and Ordinances of Collier County,Florida.. Me iicctions of the Ordinance may be renumbered or
re-lettered to accomplish such,and the word "ordinance" may be changed to".section," "article,'
or any other appropriate%Nord.
SECTION 'S -Conflict nod Sevrrobility:
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction,such portion shall he deemed a
separate,distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION 19—E et lye Date:
this Ordinance shall take effect only upon the passage of the November 5, 2002
referendum levying up to 025 mills of ad valorem taxes for a period of ten(10)years to fund the
I
Undtriipe 34,*41:ssfik.s.qriseeltd-dcleteJ
1 1 B
acquisition of ensironmentally sett:slow lands and its being tiled with the Florida Department of
Stale
PASSED AND DULY ALX)Y1 ED by ex. Board of Count). Commtstiotvis of
owity.1 lorida this,,,,VIday of(,,P, Nfil
BOARD OF COUNT V COMM ISSION LiS
I)Wl( U F E BROCK,Clerk t OIL ll'R COIN IV,II( UDA
0.1.41A . ._(" •
At I */ , reg* s
JAMES COL/31-1A,Chairman
Approved as to Form And Legal Suff.'s ietu.y:'
Jen*or A fielpediQ, $Sistant County Attorney
fbc
Ca.,■70 r.
WA* , ZOAi
e kn Ivo tho
rhes civy
f NetiAlltir
L'N1034tver4esciempe00.4ricttJ, ay
106
1 1 B
STATE OF FLORIDA:
'' tfirrY OF CCr,L1FR:
:, LWICET E. PRCCK, Clerk or Cur-rr.r.s In tInd for the
Twentreth Jud,:f.::..ai Clrcult, Cl.r.,11:..er Lahhry, .:,:c.1-:da, do
per / cert:fy :-Tat the fategoth,1 18 ,A trtae and correct
ORDINANCE 2007-65
WhictI was adopted by the nDard --,,,f ;77ourty f72 =IrsaiQhurit
on the 2'..3rd day t‘J.... 0-ctoher, 20jr, '..itatihg Regh!at Sessa,,nn
WtTNESS my hand and the rAticial seal or the 3rd of
county Comniosiono J:.)t cull CQurity, FLOr,do, this 27,rh
of OctcbOt,
DW:'11rt
2]..erk. of Courtrtd :Cletk
x AtIcto to 73:.:.a.4,A tr,i
Cohrtty Cbmmhem: Pent
)/' I.
,IlArt.';',1 ,14.::: :: : ,...e,c;—,
--
107
116
FWC Interlocal Agreement—Exhibit E
Q •
C rtf LL
.. II
41. 90 it 1
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CI m
N {T
LZ
4 ■
TI I
clF # 44 t r w
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t
2 1 ..."-,Z7E;-�. r 3` - 1___.o-"-_ j ,_...k . _
41,.-f , + T _. k - +•+ .Si .
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,r, „ , , _.,„.2,,, , . ,: _,r,,f7:71 ::' '1.' �
'" ? ,, Y .�, `., - .may c.1 r- f' �„ ',....,,i-..,,^4,7-. W 4`. C •7 I •' r r` f j 'd. a � , „ +si ac fp a r i ( ia w� &€ X d Of c" ; c N e r.. •„,,Ati. - - I g!,, L PI ''” '?'„, ''. - p i r'..-4, ....— -r--,..-------
.
� N M j 77 ;-x LLL"
108
118
.,
Caraeara Prairie Preserve Habitat Management Plan—
Appendix 1). Oil, Gas. and Mineral Lease
Producers 88 (9/10)—Praid tip (SP 4.75) arigOgitwAu BROS A,CCiELANOr WI
With Pooling Provision
■IirsissippSiAlebams•Floride
OIL, GAS AND MINERAL LEASE
THIS AGREEMENT made alit-- if.e4X
day of /14,44
20 0,1_, between
Hugh E. Starnes and wife, Judy Ann Starnes
•
, .._
terror (w(narther ono or mace),.120aq addfrea ta: 3 715 McGregor Blvd. , Ft. Myers, FL 3. 3901 '
Lod Wesley E. Williams, 17170 Waters Edge Cr. , N Ft. Myers, FL• , lesser, WITNESSETIL
I. Lessor, in consideration of Tizn ,a.nri 00/100
of which is hereby acknowledged, end of the covenants and agreements of lessee hereinafter contained, does hereby grant, lease and let unto letter the
n.sired hereby for the purpose,and with the exclusive right of exploring,drilling, mining and operating for, prodncing and awning or), gees lint tint
ionic , stilphar and all other minerals (whether or not similar to those men tinned), together with the right to make surveys on said land, lay pipe
estoblith and utilize facilities for surface or subsurface disposal of salt water, construct roods and bridges, dig cartels, build tanks, power stations, power liar,
ifiephnne lines, employee houses and other structures on said land, necessary or useful in lessee's operations in exploring, drilling for, prOrdoctryg, try.,(■Ox,
>acring end transporting minerels produced from the tend covered hereby Or any other laud ,Mincent thereto. The lond covered hereby, herein t died
.-J-.
'n cooled in the County of Collier Florida State of •iiii.
t iilet,,,Ot41 An riWOWS:
TOWNSHIP 46 SOUTH, RANGE 28 EAST
—
Section 30: ALL
letn: 4039327 OR: 4250 PG: 1445 RIC III 18.50
V131,11 I RILLIAMS RICORDID in the 0/11ICIAL RICORDS of COLLIER COM, IL DOC-,70 ,70
11110 IATIIS IDG1 ell 00/27/2001 at 02;1411 DRIGH/ 0. BROCK, CLIRI
It F? I1II3 /L 33411 3121
WHt:nEVER THE FRACTION 1 /8th APPEARS IN PARAGRAPH THREE BELOW, IT IS
HERE'lY EXPRESSLY, AMENDED AND INCREASED TO READ. 1 /5th.
.,,,,,„.._„._...........,...„.__.,
This Instrument prepared by, -0,,- 1,-- 4,„ ()e - '..,
Wesley E. Williams
17170 Waters Edge Circlet( N, -\
-„,
-
North Ft. Myers, FL 33917- 828
,
, 1\
1 „.,----,, ,,.., ,,,„.„ ,..... —,.....,,,,c_......? c,„ ,,
---,, ,, ...„,:ii
'flit !tare also coven cod izcludco• in lladiticni to 41t 03014is41,ct. . 14 nl..,,,,ii.in_con oat or itdacent to or adjoining the land above described and
.ir,
retf
(et ownen or ctaimed by lessor by linntation,lpres ptIons, postau '7.' ery otsI,ot,, ,,l d tesswument or t(n) ea to which lessor has a prefetture Aght of
acau;drab on a Lessor II Vet"! to taefitglf any suppietnesepsi isoressys4csat '‘agyastagi ytuess for a ors pionsplet*or accurate description of said land. For the Puri
,,i''''t ,„.., „..,
pore of determining the amount of any bonus os.oth_pk pisymenl heinunsiar,Hid—tuna sliaLFAtrerlsetilisektp contain 640 Arre4,
,...1,-C^.^, ,„,t:1,11ily container-es more on NM and tlitieboxe recital of acreage in any enact shall lins dectopesd-tp be the true acreage thertroOl. LASMOrl accept, tto trOOlil
as rump t,tm contideration for this 11111.311 and r:istla.' and options hereunder. 4,1 , / -‘ i rs
Ublers sooner terminated or longer kept'isa 1:4s under other provisions 1, -, ,leapt tit plantar, in force (on a term 01.5:14Ye roars from rho
ta,or
Ooic her,icit, hererne(ter called "primary term”, se,4,,,sa nog thereafter SJ opera tioatu,;-ete>her ^e,ftee ed,are conducted upon laid (add o o collation fox
—7"r., -, ,. r''',. -.....,,
Or,,, e him mnoy Odd) fi012116CUthrit days.
A> mystry, lesin• covenants and epees. ta) .,, . de,)(es to the credit,of lessor,iitS4 i.4i,pa.,:fine to.which lessee may connect its wells, the einal one..
• \''Irit'' '11
cazhth (art of all oil produced and saved by lessee frts$1.,41111. do or from UT*to.tor.4it.,41,-•Option of les!ne,to pay factor the*Nance posted market pure
of rat tit oncieigl)th port of such oil at the Weal Ili WU,..sly,ft,P1 ruin tO the teaWritOtia If petiiiiel tankt, iell1Or 3 interellt, in wither case, to brat ouortIghth
ot the rant 01 trtatpug oil to roujet It marketable pipe lin'as-Oiir (b)."Tts-PstY—listsor-ob‘gakrut, ,dxasinaliead gas prnducell from said land (It ntlea sold by lessee,
cre-eitthili of the ornonnt realised by lessee, computed at thexmoptbrotthe wed4,ifet.2)Veartiet used by lessee off said hand or a ft. 0141,as:rare of g.isoliae or
srro'r orr,:to.tr, the market value, at the mouth of the well, or:ono-rig I'1,4ssi Uras'lnad.casinabead 1‘.1t It) To pay lessor on all ot!..r rtimerals mined and
atai,red Of or a,' by lessee from raid land,ooe-tenth either in kindivii_yalue,,g,L,21te/Well or mina at lessees election, except that on sulphur mined and rear.,
lc,/ lire rofalrY, di ho one dollar (31i1(0) Per bog too, If, at the erptruebu of the primary term or at any time or times thereaf(er, there is :int,' well on
anal t.,,,,1 or oar loot), with which said land or any portion thereof hat been pooled,capable of oroslucing gas or any other mineral covered hereby. noel all ,,,gta,
a,,..rant,,,i., thin Iiii,irit ‘1.all ninv.rrholo,.. .4,,,,,,.ii, a,, ci,,, .. .... i,...,...,. ........,:,. , - t.•
. .
11B
uue1al cuvercu uereny, Anti an rues
Baia
are slrnt•in, this lease shall, nevertheless, continue in force'as though operations'were being conducted on said land for to long as said wells are shut-us,
and thereafter this lease may be continued in force as if no shut-in had occurred. Lessee covenants and agrees to use reasonable diligence to produce, utilize,
or rnarkci the inlnerala capable of being produced from said wells, hut in the exercise of such diligence, lessee shall not be obligated to install or furnish facili-
nes other thou well facittics and ordinary lease facilities of flow lines, separator, and lease tank, and shall not be required to settle labor trouble or to market
gas upon ttnus unaccr:(stable to lasses,. If, at any time or times after the expiration of the primary term, all such wells are shut-in for a period of ninety eon•
tcs..tirc days, and dunttg such time there are no operations on said land, then at or before the erpiretion of said ninety day period, lessee shall pay or
tender, by check or draft of lessee, as royalty, a rum equal to one dollar (:1.00) for each acre of Land then covered hereby. Lessee shall make like payments
or tr,,len ut or before the end of each anniversary of the expiration of said ninety day period if upon such anniversary this lease is being continued in force
solch. by reason of the provisions of this sub-paragraph. Each such payment or tender shall be road* to the parties who at the time of paymeot would be en-
rirli• to receive the royalties which would be paid under this lease if the wells were producing, or may be deposited to such parties credit in the ....�
Bank
at or its successors, which shall continue as the depositories
own-
er-0.p of changes in the own-
erup of slurp n royalty. If at any time that lessee pays or tenders shut-in royalty, two or more parties are, or claim to be, entitled to receive same, lessee
may in lieu of any other method of pa ent herein provided, pay or tender such shut-in royalty, in the manner above specified, either jointly to such parties
or separately to each in accordance with their respective ownershipps thereof, as lessee may elect. Any payment bereundet rosy be made by check or
draft of lessee deposited In the snail or delivered to the party entitled to receive payment or to a depository bank provided for above on or before the last date
for payment. Noticing herein shell impair lasses right to release as provided in paragraph 5 hereof. In the event of assignment of this lease in whole or in
part, Liability for payment hereunder shall rest exclusively on the then owner or owners of this lease, severally as to acreage owned by each.
i. Lessee is hereby panted the rigbt, at its option, to pool or unitize all or any part of said land and of this lease as to any or all minerals or horizons
rhrrertuder, with other lands, lease or leases, or portion or portions thereof, ar mineral or horizon thereunder, so as to establish units containing not more than
80 surface acres plus 10% acreage tolerance; provided, however, a unit may be established or an existing unit may be enlarged to contain not more than 640
acres plus 10% acreage tolerance, U unitized only as to gas or only as to gas and liquid hvtlrooarbons (condensate) which are not a liquid in the subsurface
rascrsurr, If !urger snits era required, under any governmental rule or order, for the drilling or operation of a well at a regular location, or for obtaining
maximum allowable, from any well to be drilled, drilling, or already drilled, any such unit may be established or enlarged, to conform to the sue required by
such ovenunentel order or rule. Louse shall exercise said option as to each desired unit by executing an instrument identifying such unit and filing it for
record'in the public office in which this lease is recorded. Each of said options may be exercised by lessee from time to time and whether before or after
production has been established either on avid land or on the portion of said land included in the unit or on other land unitized therewith and any such unit
may usciude any well to be drilled, being drilled or already completed, A unit established hereunder small he valid and effective for all purposes of this
:rase esyn though there may be land or mineral, royalty or leasehold interests in land within the unit which are not pooled or unitized. Any operations con•
w:ctt'd on any port of tuck unitized land shell be considered, for all purposes except the payment of royalty, opsretioas conducted under this lease. Then
ilia': he nlio<.rtrd to the broil covered by this lease included is any such unit that proportion of the total production of unitized minerals from wells in the
nrrsr Li:ducnng any used in lease or unit operations, which the number of surface acres in the land covered by this lease included in the unit bears to
the total number of surface acres in the unit. The production to allocated shall be considered for all purposes, including the payment or delivery of roya+ty, over-
riding royalty, and any other payments out of production, to be the entire production of unitized minerals from the portion of said land covered hereby and
int lit:led in such unit in the same manner as though produced from said land under the tercets of this lease, The owner of the reversionary estate of any term
at airy or m aeral estate agrees that the accusal of royalties pursuant to this paragraph or of shut-in royalties from a well on the unit shell satisfy any limiration
of term requiring production of oil or gas, Ti. formation of such unit shall not Lave the effect of chauginit the ownership of any shut-in productsou royalty
.hid may hecomv payable under this lease. Neither shall It Impair the right of.lessee to release from this lease all or any portion of said land, except
that lessee may nor so release as to lands within • unit while there are operations thereon for unitized minerals unless all pooled leases are released ss to
ands ivitlue the unit. Lessee may dissolve any unit established hereunder by filing for record in the public office when this lease is recorded a dectara000 to
that elicct, if at that time no operations are being conducted thereon for unitized minerals. Subject to the provisions of this paragraph 4, a unit out•
established hereunder shall remain fn force so long as any lease subject thereto shall ramain in force. A unit may be so established, modified or dissolved dur-
ing the Jr t of this lease. •
5. Lessee may at any time and from time to time treat-rite and deliver to lessor or file for record a release or releases of this lease as to any part or
al of said land or of any mineral or horizon thereunder, and thereby be relieved of all obligations as to the released acreage or interest,
ti. This is a PAID.UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated except as otherwise
provided herein, to commence or continue any operations during the primary tern. Whenever used In this teats the word operations' shall mean opera-
cross for and any of the following: drilling, testing completing, reworkingy, recompleting, deepening, plugging back or repairing of a well in search for or in
an endeavor to obtain production of oil, gas, tulpbur or other minerals, excavating a mine, production of oil, gas, sulphur or other mineral, whether or not
>A paying quantities.
7. Lessee shall have the use, free from royalty, of water, other than from lessor's water wells end of oil and gas produced from said land in all operations
hereunder. Lessee shall have the right at any time to remove all machinery and fixtures pieced.on said land, including the right to draw and remove cuing.
No well shall be drilled Dearer then 200 feet to the house or barn now on said land without the consent of the lessor. Lessee shall pay for damages caused
by its operations to growing crop and timber on said land,
110 •
118
8. The rights and estate of any party hereto may be assigned from time to time in whale or to part and as to any mineral or horizoo. All of the covenants,
,ligation, and considerations of this lease shall extend to and be binding upon the parties hereto, their heirs successors, assigns, and successive uncial. No
.ange or division in the ownership of said land, royalties, or other moneys or any part thereof, howsoever affected shall increase the obligations or diminish
e nghts of lessee, including, but not limited to, the location and drilling of wells and the measurement of production, Notwithstanding any other actual or
instructive knowledge or notice thereof of or to lessee, its successors or assigns, o chants or division in the ownership of said land or of the royalties or
her moneys, or the right to receive the same, howsoever effected, shall be binding upon the then record owner of this lease until thirty (30) days after there
is been furnished to such record owner at his or its principal place of business by lessor or lessor's heirs, successors, or amigos, nodes of such change or
vision, supported by either originals or duly certified copies of the instruments which have been properly filed for record sand which�d�arsoh change such
divisiont.y and of such court records and proceedings, transcripts, or other documents as shall be necessary is the opinions
erderhsuuch royaldes�o«other moseys, If the credit of ownership decedent in reason eipository bank provided for above. may, wwrthsiw, pay or
9. In the event lessor considers that lessee has not complied with all its obligations hereunder, both a tees and implied, lessor shall lessee in wiit-
g, setting out specifically in what respects lessee has breached this contract. Lessee shall then have sixty 80) days after receipt of said notice within which
meet or commence to meet all or any part of the breaches alleged by lessor, The service of said no is shall be precedent to the bringing of any action
r lessor on said lease for any cause, and no such action shall be brought until the lapse of sixty (80) days after service of such notice on lessee. Neither
e service of said node,nor the doing of any acts by lessee aimed to meet all or any of the alleged breach.' shall be deemed an admiss1oo or ;assumption
at lessee has failed to perform all Its obligations hereunder. Should it he asserted in any notice given to the leases under the provisions of this paragraph
tat lessee has failed to comply with any implied obligation or covenant hereof, this lease shall not be subject to cancellation for any such cause except wed f insaall
diesel ascertainment that such failure exists and lessee has then been afforded a reasonable time to prevent cancellation by complying with
largurg its obligations as to which lessee has been judicially determined to be in default. If this lease is cancelled for any cause, it *ball nevertheless remain
force and effect as to (1) sufficient acreage around each well as to which there are operations to constitute a drilling or maximum allowable unit sunder
,pi,cable governmental regulations, (but in no event less than forty acres), such acreage to be designated by lessee as nearly as practicable in the form of
square centered at the well or us such shape as then existing spacing rules require; and (2) any part of said land included in a pooled unit on which
.ere ire operations. Lessee shall also have such easements on said land as are necessary to operations on the acreage so retained.
10 Lessor hereby warrants and agrees to defend title to said land against the claims of all persons whomsoever, Lessor's rights and interests hereunder
all be chanted primarily With any mortgages, taxes or other liens, or interest andaother surge tedaid the ribut lesser
rbe agrees that tbluse anditoadedthe
ght at any time to pay or reduce same for lessor, either before or after maturity, 4 rn the
nounts so paid from royalties or other payments payable or which may become payable to lessor and/or assigns under this lease. Lessee is hereby gt
ght to acquire for its own benefit deeds, leases, or assignments covering an interest or claim in said land which lessee or any other party contend, ,s out•
andtng and not covered hereby and even though such outstanding interest or claim be invalid or adverse to lessor. U this lease covers a less interest in the oil,
as, sulphur, or other minerals in all or any part of said land than the entire and undivided fee simple estate (whether lessor's interest is herein specif ed or
of∎ r'r no interest therein, then the royalties. and other moneys accruing from any part as to which this tease coven less than such fall interest i!'.x'.: het
uu only to the proportion which the fusterest therein, if any, covered by this lease, bean to the whole and undivided fee simple estate therein All toy s'.ry
iterest covered by this lease (whether or not owned by lessor) shell be paid out of the royalty herein provided. This lease shall be binding upon rich pans
iho executes it without regard to whether it is executed by ill those named herein as lessor.
11. If, while this lease is in force. at or after the expiration of the primary term hereof, it is not b(e�ing continued in force by reason of the shut-in
tell provisions ds ermined to be invalid)ora(2) is any other eause,gwhoperations he miles o said dissimilar,s(except financial)isbeyondrthedreasonableacont:olwofrtlessen
he primary term hereof shall be extended until the first annlvenary date hereof occurring ninety (98) or more days following the removal of such delay-
ag cause, and this lease may be extended thereafter by operations as if such delay had not occurred.
I3. Within thirty (301 days prior to the expiration of the primary term of this lease, or if operations are being conducted on raid lease or land pooled
herewith at the expiration of the primary term in such manner as to maintain this lease in force, within thirty (30) days after the completion of a dt'. hole
culling from such operations, lessee may extend the primary term of this lease 55 to All or any part of acreage then covered hereby. for an additional fist.
5) sears beyond the initial primary term, by written notification of action taken and by making payment to lessor or to lessor's successor in Interest as re-
cocci hs notice to lessee pursuant to Paragraph 8 hereof, or to the credit of lessor or such successor in interest in any depository hank named herein isr
,ins amendatory instrument in the sum of 4.._. for each net acre as to which the lease is to extended, It tilt option
rrrcr'ed ha lessee, the lease ss extended will thereafter he treated as if the original primary term had been five (51 years longer.
11. 1
118
,,,,, ,i,,,,103, (:0„,, ,....,
, A..f J
, / ,....„:„,..,�µ t^- l
, ,ff _ i ..
l.`i WITNESS WHEREOF, this instrument Si esecyted ,� e dt* t*Low--+[
tf ( t i i d S
(���� Jf j E
i ) ,$ vT
''>,-�Cy' ':1� /r 1'U�.LJl .r� 'wwtF i _...._-_..._.___.... .F.AL•
A%iGR• SSA t nviev I aGri HUs. IE. Starnes
''>'e IsEAL:
t
f
,./tYa:3 -r.;... SE A t.
;... ,.J .y An Starnes
�� e' i
/ w+J JOI T S... NG='E„`PHAMOWFLEDGaENT ��— —
STATE OF `a r'j
COUNTY OF qtr
I hereby certify. that on this day, before me, a
this' authorised in the state and county aforesaid to take acknowledgment'. personally appeared --filigi E. Starnes and ._—
Judy__ nn Starnes _ __
:o me known to be the :Annul
described in and who executed the foregoing instrument and r be elf.—-
tie wtkdged before me that,being Informed of the contents of the:ame,--- be
Y Voluntarily signed and delivered
the worm sod !� (rein meatloaed.
i.i P: x d MT t s i /" day of !hare_Ft . , A.D.io C.? ._
Giu�en under a MT �,�,
(Atilt Seal) ' it a:f EXP .S.Srpfafnba 15'2007' c�S, / t /J
,f!,?J,'?; BmdadlMaiscrsf P(ttle tsideatsa• .,,) �,,Ll.^Y•a..^.',. <-4.,
�YtM l (Title of Official)
/TIr� t3. C.- b�
9- /' -6 7 Ler county, . F1pr,1-
Ny commission expire* ... .........�.^
in and tot �..,....._ .__....-_
W__ WITNESS ACYNOWLEDGMIhNI'
(MISSISSIPPI-ALABAMA-FLORIDA)
STATE OF . __ --°-
COUNTY OF .. ......._._ .__..
I, a ._.in and for the aforesaid jurisdiction, hereby certify that ._
a ■vbscribing wirneax to the foregoing instrument, known to me, appeared before me on this day, and being sworn, stated that
th e,anta¢rttl. having been informal of the contents thereof.voluntarily executed and delivered the same in hi, pretence, end in the presence of the other
saltness a Srs unmet',his the day the• a sane,•tea hLte date: aee. attested the same to the presence of the graotor(e),and of the ath.e witoese. and that tuch other
{Subscribing Witness)
of _ .. -20 ..,.._._._.
Given wade: my /sand and Official wal, thin day o ._'�—'".
t Affix Seal)
-""....�� (Title of Official)
in and for .County, —._-....— _.__._.._...
V. :ommwion denim ._.
112
1 1 B
Caracara Prairie Preserve Habitat Management Plan—Appendix 17.. Cattle Lease Agreement
EA SE AC RUM LSI
MIS 1 rA5.1„ AiiiREFNEENT ottertal into tt3v at' S.„1i.4 , ZOO httiw ten
HI CU E STAFtNit$, tvkow4 addreas ts 37 5 ..;.,i-etitalzot Fio:3itfe;;fd, Fr Mr tkirtak 1 P10.1*.
herratiatkr teleree.i to 3.4 1.1;;SSEL" and COIL 1.1ER COUNTY.a pot Eat t'al 4,1the State
A.11144* 01311r g Addrti$ “. POI t-..mt Tatutattni Trati, N4tpkta fla4itto .34 t tierrotalki et rental to Az
"LVSSOk'
WCINFSSE
44.1131ad*rem,and ottaef towittaktraliati ete parte,
aKaa-a:AA f‘,11,:,,K5'
AR riCi 4.1/441,4i,fst.PIEWPM,
SSi,ik ttefetta leaa4% to r t art3 LIFE befekt,- test %,0111 1.1SNOR Lc er itintigro ‘%%attt-
scv,, urea of properly iSeic.ribe4 rl I'Vhf.o A h>cii Aitt4tizti httro,s Aroi oriljs:3 pan
iii thM..14'41,t hccmfl IIcd he Ptoittno', nvJ tti the totAiry oi I.olliet tnif the state nt
rt,tattt ft cc putpott,,,r,;,111 It frtlitng
rho, LLASE mr NI IA14i fi attoettairti nom nitw 1 lore' in ordet 1m iLtlnte mnn t tie it the
Oeriited lie,33' mce-m.r to 1,44ttortpleal,Otte goata,polictrc,wad cbart.ttaea of tIc con.4,-,tmet,4t
eirkitteattatten OrtimAilet iOntiiitatne 01464, al titrieridttiL LESSOR'S' orpte-t.vstatttt te 4. kcal L vItit
',101)0*-441;41,vA.I FCSIT,irt aatttir,g, 1 ii ettera to recaartro,oti Pot I ESSOR 1 F't.SF
AGREFAITNT
2. Tent tlE t4Atit:
LSSFF,0%tall time tool 11014 the Dcrm itd Pietinuti roof A in of 111M4 scii ..ottnitintori$ttn
liait LESSOR extetties LESSEI:t-%granted ittercitots,tataAt&d L LSS1. nm no( dreauta cii arr..cry
fIn LettrA it tSii.Icon,ii ittiit. ocic ft tmmv fL Ao.10,10.Vit4 tcrili A opt cmci cicicim,01%4,1 yht
amid etw,tipt ci to the' rental Aniourit, Fro,W4ril NO•tsfi.., b 41*,,mg 4.111.-.111 rcinulc et L ESL!
internntin lv do is to tfte 1 t.SSOR con kas than ifomim ,$0i Nc mot to.Pie etptroon if tse
ta4 rk++,cncimmm- d ES Mitt reserark she ngIei%0 data I SSU, mm ift,r1;,of tiny rciliestAt tont 5mmI tititte
tnt,eirtn.lite wv,tit pttniernent AL'the notice in mini tifleen31,kpi,tators if ciii. LiRcimi States Offt. .,Peps-tried
mm ce-ttrted Malt,Postage t`,t4tatal
Ate!IL P.
1 ff11-hcimcbmi 0.P.V114"13 as diVIV$mimi past 1,3 rent 1St the Fkirrisco Premix.c the iwn if Ltirtellunitired
and Si xi)eig,St r),Ittir,and No CcraL I11f 8.00 mimir Said Ar111•4141 INV.1 ih4 4.1 imi m 1 mm 101upolt Ito mm tom
44y I, cmi mM dim e which iii iii ii tAtctlita...1 k,1,10 I I 5Sf 1k FS.CFF cm I tIc hi restititwiLite ty the
nett tit adifttiintl feitt as provided to at mR flU I S oldimmi Leaie
41 the raved USSLE ekeis In minim ilmfni 1..4,ive, for ART1(LE the rest mint forth an
ART 3',hall lie rarri'AWal Inguhi method outlined m AR R IL 4
1-1•1‘411R'nets eit In'.right Li, ruae thas Lcinisc inch tem 14'111..;;,Ut cam,mmc, hi cirmuci LES"iLL. with
thaly I day, wittier,caber to th.,' tii3ttteK,t cmnc loth to -434T14.1 I 11 of ittti t 4 iw
cffNti%c mepoem p cimmimnimciml ni the mmcc E4 4■41 ettica1 depanittni 4,t the rt%ted State,l',at ke4,%aered
CL-11 led Matt,I ctnifemic Pniptint
TIO4 mi Fkmaa at.I a-7ra Pelt
ti Sc ea oil r III F tium to renew Pm IVAAC,ALI fc.,S in AR I CII 7,111v mot nm I,uh n
AKIRA E I chub Inc,rictc.cd for cA,h cliA,JiAkt ern •I yews tootze,at tern tta povetit(tom the;wet tout
cm*,0.4r 11.,K.tideit
Mal tC,L14 i lEet EtNEEK1141,412_,`441/IC4
LESSEE, 41,11.1 pm-mm 411 mimi.41.. -..;i4A14-41 with the mc ciccimnicimnici ri tho i.)014144:d 11ELM,5,t,s And Arly trt.,1 cii
iii It k megis if arciftitHc
1 1 3
l ' s
OventAftiKeiniss,
elior tut 4104flis OA,k,t444.0Ser,4tfer4(44414,141klibefit,Of teeprOverlikerf%10 the Oefitit4ed P4e10 444s,I USSII-
m provide.VI ESSOR propintais oat Ong fo altetalions, timpeootonerito,shangto ste astimotto to the
(kern toed Pierottet t a n I R S waken titenlying ris wetting the nativist old*Otte vt the tivattrti
alieration.improvement change.or add loco along with the contereptaled sinning anti tanneistionitme isti oust)
proyeo.LESSOR,t/11$designee will then Moe sixty(60,slats within*cinch to affirm e dam% in*tiling:sant
redsissi fair 41144$V1., irtipro+cfnerm,.. Auras.ons or additions. LESSOR shall rv.4 untrasollab4) withhold its
hinsent Lu riNuirett ott itrt,hrtn,rittle atteritt,Ati, imprOn,tinernA„.eluotwAts or AtidICEMS prOle144,d o SS1 9 1
after toots 00)slat is titers kaa baVti oo roes ntlid horn LESSOR of ill Or"SOCk, %Aid peç* I t 0,01,,Ott/
wen silfriCe Offtft t Ii I 'SEE-
LESSEE chwertion%Aod tiVeCA conntation atilt any inaufarmazies.,typist/work,creottet,s 0111,1111,. u*.
tinprovernent,Sddl Or raterraierrt niervy authorized modifientions,htlittioni or inaction smogs to the Demised
Premises<to obserse and hi:amply with ell then and future appilleatik taus,ordinances raks, rag-ulaitorts, And
requirements of the United States of Amer .State of Flozida.Cooney of Collier,arid any 3M all govern:tonal
agencies.
All alterations, stopossigratento and Alebtiony to the Ourritsof Premises 1.16411 ee otme, when made or
installerd, be leented t ltaiehed 1i the totelntld and to Itriree lasouse propetty of I ESSE* Nor to the
krestasaticin of this telfir sny removal term thereof, or wain thirty ttill days thereafter, if. LLSSOR
rect . LESSEE shall promptly ramose the additions. improotenrantas alterations, fixtures and installatkors
gressrh were placed m,on,or upon the Derniseti Pm-mist:a by LESSEE.Artd repair oo damage roceastoned to the
Demised Pre miles b stab lemoval;anti in dtaaetil thereof,I ENSOR.triV:, Complete said ffITCIN 2A,and repairs at
I ESSEIt's expense.
ESS1E eusintemis and overt not to Ave. ,%Vs,upy, salter re porre4 urn/ Derro4e4 Prervor.4-4 or ;ply 44ft
theitent to he ooed, on htrzopest fie any parthinic esintrato to lass to the flies or rettiliVieett If ally pathlis
ATAI hot tt:■,,
T 1(1.1i 7 Sedans 1..t perttind Preentities
I ESSe 44„its stuit.arithored agents.rerri,entaffiN,es anal tortotooi-W,aba I mae the itshl to entet Into Anti
upon the thin hog Eternises it it eat theriessf at stio ismo within/1 mines to the LESSEE,for the riatt0a0 ul
e catta inn);the Altri*anti making repairs, trioporing or coring a&Etna of nuisance,of pros 44I maintenance
ere co thereta,anal(et the purputel v trapteetten for hortpliarke tooth the peon i 0. 14 of 11.:1 I cave Agreement
If LESSOR should need to utilize the property for any length of unr.for ant polaris-,the LESSOR shalt ads oe
the LESSEE Ur it$insenetrio try mai rtoftet
ART1C1 F It A.tit:omm.u.infil bkilda4
I fAthlh,,,tmettothlt alat att,tata'a mot to ro.ziKe.irie.I Cele Or br 44f bat the whole ter eritt part of the Itemised
insoistoco,or or perrit any other parsons to ov„ispo came without the r nen sinker-it id I VSSIOR Arty rush
assiignment or ostikaning, even with the estrosteit of LESSOR, shall ina Teliel,e 1 t'SSI.1 from liability lot
Fayment of rent Or other mnria haticen pros idol rr from he obligation to keep and be boned lts the tonna.
efitrok Mono and soots-tams of this LeAsit The adopintke of rent born any itii percion shalt not he sitteorud in be
a uatvar of any of the piers'Itiona 0E016 Least or to be a consent to lie assignment Of Om Lease 44 subletting of
me Ohm tool Ph:mites
Att IKE!: lettkolfttf*
LESSEE. in ertessAtration of lee Dolton. (S10 DO), the receipt and sulkier:co whieh is hereby
acknowledged.shall trisionnify,defend and IiOtJ I-Armless LESSOR,as autflus and empLoyees from and against
Atlt. awl all liability i stout-re, or otherwise t.ttamaget.eliunih arøt. dernandl.1ud,aceLa,Ono', ittleteld and
tkPcnvill Oflolading, brat ma Iunited to,atataracya' felt And dishasonoris both at tria ter.i appakie Itinrl
r414414, ifirekdiv 0 e4.1frool,,, than in .iltion to, or death sh any prr4441 14 ;34:10o10 0 damage to ptorierb
oe411:41414 nut 44e*ova) leielef to f.r,I he.I oi the Dentoted Mehl tte 1,4 It)Aria 04 Ettaaei
aahaEata/aat tUalv.ot Wa sorrilitton coined +,4140 than dry I.ESSOR,cii tiT poaees .114S14«on C.,.'111r46;flntS rb. or
ion behalf of t ESSFE in or about the botterwd Preoutes,IC)any soesihrun or the Elm toot Inert ken date lit of
idintitigic from any tkfault by I ESSEE or 'he performance of LES'SII h onligatteeso under this Lease,or
ito set, orthooion no IsevligtThat of ELSSht, or ill agrtts, cvnEtscc", crriployccr., VabitIWILT, ln,,enaeea or
or.'flee', III 4,:tiv. ,u 6.tor or pittecteding r.horriught against LESSOR to tinti Of arty ark no nu,ra,thetrof
1)SSt I, yttl$11 pay 3,I Alltirno,r,"too, hoptitges and liazientet 1V-14.111411A the IV Runt Atha Mall Mott.i.ok
it piss-sating ti II'OA* &11,41 no eN.est .t I t SSEF'S eoposse, hit sourgel teroitrialtls whislinotiet in
LE sst
11 4
1 1 B
Thc LESSOR shall net be liable for any injury or damage to person or proper),;aloud by the elements
or by miter Isamun.in the Remised Premises,or from the street or sub-surface,or from any otter place,or for
any alterfcren:c caused by operations by er (w a governmental authority in vonoruc tion of Arty public te
quasi-public works
the LESSOR shall rust be for any damages to or hiss of, includirra IOS due ha perry 'heft,
property,occurring ori the Demised Premises or Any part thereof,and the LESSEE agrees to hoist the LESSOR
harmless from any Claims fur tfarnasca.escept where such damage or injury is the result of the grnsa negligence
or willfL1 misconduct of the LESSOR or ti entpkiyees.
ARTICLE 10 Insurance
LESSEE shall presulc and maintain a farm liability policy Which shall he appresed b the
County Risk Aiartagement Department,for not less then en amount of One Million Rollins and No.'100 Cols
($1.00,(t00 00)throustiaut the term er any renewals thereof 10 Chic As/nemesis In aditItion, 1
provide and mainta,n Worker's Compensation Insurance covering all mph:secs meeting Statutory 1,runs ,s
cempliance with the applicatste state and federal laws. The coverage shall inelude Employees Liability with 3
minimum limit of One Hundred 1 houuand Dollars and tine I PO Cents t S1)0,000((0)each arectet IL
Such insurance policyttea)shall list Collier County as an additional insured thateon, Es ideace of so.th
insurance shall be provded LO the Collier County Risk Management Depaatment, 3301 rest I amunni
Administration Building, Naples, Florida, 341E2, for eppnsval prior in the commencement ol this Lease
AgreemeM:and shall include a provision requiring ten (10)days pia: written notice to Collier County cci
County Risk 1'utenagernent Department in the event of euneellatksn or changett in policy(lest ceseruge,I FSSOR
teserves the right to reasonably amend the insurance repi-cments hc istrance f notice in vv?eurqs to LEssj.r,
whereupon receipt of such notice LESSEE shall have tinny 1301 days II ohn.h tO obtam such additional
trsuintive
Attila E 11 Maintenance
LESSEE,,at its sole east and CNprItte,shall erect, lent already existing,and maintain A fence acceptable
to LESSOR aruitisi that area of the Demised Prernises which shall contain any 011GC 'TN.%fencing it crucial in
retaining cattle and presenting cattle frstrn ressiningolTof the Darnisad?remises.
LESSEE. shult, et its sole coal 4,14.1 espcnse. heep the Demised Premises clean at all times If said
Demised Premises are no kept ctuari in the optram of LESSOR, If Ss;EE'S manager synl Ee so ads iscd ii
writing. If tory:salve action is not taken within twenty(20)ths.1,4,:,1 lhc receipt cit such uoi,cc, LESSOR
cause the sane to be cleaned and corrected 11114 LESSEE,shall anautnc and pay all necassar) alarming eats and
such costs shall constItuta additional rant whies shall he paid by LESSEE within ten il(1)days of receipt cit
Written notice of costs incurred by l.r,ssolt
The LLSSI-L, at h tutu cntt,5.'1411 repair all damage to the Demised Preen isci O.WSCCI by I,CSSEE. as
employees,agents.independent etirmactors,guests, nets,licensees,and'tattoos
the LESSEE,at its sok cost,shall ttlt1LANC(torn On`Darn iscd VA:mese:3,n accmdanve with all 31151u:elle
mks, laws and regulations, all solid.Iszoid,semisolid,and gaseous trash and waste and refute of any i‘iture.-
whatsoever which might accumulate and arise from the operation of the LESSEES business Such trash,waist
and refuse shall he stored ii chased zontainers approved by the LESS(141.
AKER,I h,12.DirfastAiri.LE5SEE
Eat ROC of LESSEE to lt.1111-4 ft>7 thirty 130)days with any material plevisien or cescnant thts14.114
.h411 cnnittinc a default.LESSOR may,at its option,terrnmate this Lease after thirty(.101 days written notice
to mssif, unless the default he cured within the not;:c period(or such adddional time as is reasonably
required to correct such default) Ilossavv, bc cocerretce ef any of the follossing esonts shall eninsutute ci
default by LESsEv, end this Lease fray lu tihmt,diairly terminated by LESSOR,
Altandonmen1 of Demised Premises or d in-orittnuation of LESSEE'S operation
it>) Ealailithat ion of LESSEE cii an agent of LESSEE of any repent required to be finnishesi to
LESSOR pursuant to the terrtg or&is I ease.
(c) Filing 011lisoiscncte,remanization,plan or arrangement or bankruptey,
(di Adiudieat ion as bankrupt
(e) bilking n,ia general assignmon fin the benefit Of 1:rvait,o5,
(fi It LESSEE suffers this Lease its be taken under any writ of cuteUtion,
1 1 5
1 1 B
any<A tias lri tal defaults eit this AK I It 11,;r1sSIth.,ti*Mosso to
any otter rights anJ tamistitm it may hass shalt ruse th murtcsilate reght to A-surer and estross al persons arat
property front the rit-1ntt4IJ Prtaratc*, St4th PrCiXtly matt her astraossiti and shed at a;MINK klrell0L354' Cr
‘twoa,civ
at the t.t4 wad fat ths wintaint of 1 I S11tt,WI%Otani Pen at a a0,11tt w itacql 14/441 rt-rtttt
WIIta4444 Nag assents'muly S tstspass,et isstng liahtv for My," Iath oi 444€414V IVAN I44 Wt.444010C1
thettb:v
”tt Mt:550k way itt ts otiit warrunsts ht tt reisittp1 by I ISM.l' 34 rsirty(10 4„tivr,tril:rvr ii
11!It'll it f1repi stfAtent Iht 4,10941"ty 044 tepachstd introrw it this LFSSiL,apt poi Asso%int toms
thirty A^))M ti 1.ESSEt pursuant us:he Florists Mstehrestes Litt Law.
It 1 1-,ssLL!aril ro pay an terttaa amuse se Ali)wititiOnai Cturgel%sites this 10 1,I SSOR,att,t,prktrtrvi Ii
dais Lome,and it rani amounts tempts unpaid fee mots than ten 1 days past ths duo 444r,ihr I t SAFE shall
1,5,54/14. IM:t j7aY1110111ChUge M44110 th g.,5 i perstou of an pas mem TPA;Iasi pn'i' ptiy WIWI J1.1* via
rtocittras Pot fatal tritn8p11) Sztr;due tht;)Ake;itr,4 caw rompoirmisal tastatesi of too)17';pchtr111 ra IT"41111
highest,tatittSt tale then itIIoinJ b I La Ida lap.Nalsistwsta is 13%),0-,o.hi‘h ,tait he paisr roa I I Sstit
to LESSOR
AKIRA 1 1k1 I) 4...5SOR
II 5541R shall In no.cs tvr.atiatged Auk default Ps thr perfstmaises.3f A141)134 Pt LaMigatisms Perms...1st
lit IC**tax/Willi I ti'SSOlt khalt haws fatted tin rk.rfoitt warts obligors us*Natal Intfly I 14/d(IY%(Ca itt I I S.151* s
sale Mulct ion,wilt wittitswal mats as is ittasestably mew sal tit saels Jp haul!)Arlo noires It+1,1,A54
hs ESSEE mope/11, ipselyong scItatin liSNA has(ruled to petletrn any isteh obtgatuttsts
AR 11111 NetalCn
Any malts%shish LESSOR or LESSEE may he requircti to mar to the other patty shall hs n Amiss;to
the oriel paws pi Ms 1InI g within/Ater
LESSOR
Hour',of CoAntY -mu sworittrs Sir Hugh F.Slams's.
Rost;Poi...sty Alvan fh.-pr htcratsgsit Orp'als‘tott
1101 Itmitartn 1 tatl Mast ort Sits,Floods 134101
Stirstmoration
r*Isill
.1*4. Offies
niJ the tpunry Arens".330i rantwni Trail Vasa;Naples. Adirinsatralma honklIrig,lsagiss.Elsepla
;PI 1:1
t*nytI*IIIS*V1 C*,tatf< ..tatilltAlka, I I Ian Ann ialal I MIL '*P-444 I niutc,I 4,,'tor* g rriAtrit
flps4.Naples,clot ida 341 1.
AR I Nat TV,,kr ot rriMira
LESSEE, tsail rerntiAs any improsemssts completed by I I INSEE prio to the sacaration ATM;I essmr and
snail &tsar up owl ii'*t'ta4r Its I 1.5SOR pospesstrin t 11W tatrolasal Vismosies and trtly&IVr;1414A POI
tourAtist;won VArnr:nion tit that Lame,es its touts itaralnIIM 11 6tr4,111 Ita*Idatt at 4*it*aal 6n*itia5*It Val
repair as the stuns shall las at the sernmstiteement et the tarot 41(614 I,4:11144:."4 ta lane kern pat hy LIS54.1-14 or
I EssF,r 4ionn the ordinary wow and tsar awl&macs IA firs tw nhe ciersints hesosal
Is'1P.S amistil masstitot
AR I iCLE tn 1.,;misstal Pres tnissn
I SS Ft apses ti sttn4141*441/4:v411110;;;the thltiartaisi thernaws aiNil gravers earth Wish heath tit g 141 Pt ow
[Wrist-se-4 Prerrusts
SSEL Nnall be ainmsstl ci hairitom no onus than our hatrunssl I'<PA head of earls at 11to PrInttoti
'ten mCI
I i.**;SFE that!Thaw ttw tight to musts ow-sight ow tine 17pArta.3cti Pfrtnness.at I ISLE 5 msti rink Pod
Arm tat rags lint to II 1.4111 4114 fle-r.(1,,,,Irt IVO 11111,If tomormi,for ass sots
I ESSI:ti lc,Mors that hr is beams:11 tin tipstuts it:7 oaths,:rttle attd I FS1/444 nov,Itvtgrt;use<'I Mot
nnflr t wry stInt ttestrissi timpospos as sr tiepins, AA itUIt
5 aka0V4Isslites Anal stets shall he no game bunting .in any et 1,4711*/14,*44 Iattani by I 15511
or hit ;A,,Ittvt,;,vivvv,the Ottrseti Premises
1 1 6
118
1..1.S.SEL tanderstakris Oki the p011ev Awl taw orrorretverd s4.q.mit) protechkri pask tried Ids less
ertforeeratrit torn ers for the atrose-reitterseed Moused l'remises is Henkel.] to that park Wed us rats other
botekrtres oe whey rt haver/ as Collier('ounty, arat re,:kmawletiges that art spozral secant) trwOurek dc-rt,r44
becressery rsyr atishlthretri portechorr or the.Derrtidol INT1116103 Shall he th Pak 11:33X313kbil a) And Cr1 11•"Li °SSE t
smA 0.41) kc rss oead cApertse u U SSA)14_
LESSI,f eitorvesk egfieVt &Wit It A4XCC554.1f rord kisttors, i, ref-fair, (tor .r,f1) 0.,,e of avc Dr-rn,m4
uhar.rt vox,.141 rttierfm wall or adversely Affoet the op,eratinn u tlail441114MC[11 1 1,-.S.Sti4t'S staredird
orerstarrls where other orserzions share rnfl fa,;
' Krg,hts ^I worth-Ilk grar tea the by rho;lc are herehs resertorsr to the I'I'Slscirt
Jo ASS!'I alksts to 41t. ImAi lf1030.1 00 the ten the Eltrn,,eit hcmowi Nem ireri
`.41%.4 111
1C I *8C1 Itg,tVrt to rkt, t`hltitttliti iarlittry take.r that 11141). urrpoved J314 1.,/11w Cfreii31 13*
,tP3 I!33r, 4 4 temebsolti retytest n th DCAtItseti PrtitlISCA LI'Sql.''S p0AAttotIoll :CAA.ChiAi
wittIA,41 ft the 1)e1ra tied PfcitttUt
',41) I t,N4,1A, hi Vtaufflt any corrrookurrital properly roarbipment iskarrk. t.:40:11
N.trNitir,Cl rernerrat or segetaboo,tratless VrIelrAppttlAni Is married by I ESSrrit
let Si eiArrekrbedrers that t'S:St1K alio otiose Itelite,1 reasroral ba' rr th kipers kroas rise
Wrbih(e Attki Catvalttv 411,11 Contra 1,1A041 ih Pc111 itCd Is
1) I tS.:SOft fttA)vapor t itatttor 'imsets4iiI11.41 10 kle4C1(13 a tory,moo.otarkes-rtettl Otto I oi the Derek:4rd
Prearthca tESSEL wkaskstedttel that Ire ss',11,..noperAte svalir I ESNOtt And ail!, inapt 01.4.1
tor rhe Ottirtkarsi Pheorrark at A 111114/1.Of inhere planning I I SI'I Ikti, ik.w.ltvrt th.44 1,1 SS014 eng%
CP:0 to ItVogiC*K.V.4141,414'4 140.00 for otaiphori parrowes
Aft;Ii t I I 1:441,mAttestilJ,:qtr.,crLi
1E8,41 fvfougift,, w errata% rad moves to ridere1itt6, reonbtirse, defend 314fl hold harmless i,IsSOK,
Ir1 ittid Wortint 4=1 4.,&441 (1.v.h■d1 iti attontyl kin) aiwnol .qtAnts„% uniNnw'd 1114.'131rd ts 1 I
rifaft4401 to Or la '41Am-sr:4iIrin with the 4/111kialeal $11"31ty (0,1CI,11, owomeet
Loa* gt rit., 6041 I iIc CON inintilew
Alt 1 KI,L L$91
Aii tvtusItt, thelt. itrtirfiR miry eilttle alt ;Kit WW1 rattier 1,1 rut thAt 4k 041crett Ow
tSSOrt tr. the Iderhaserd Prvrrsea shdli aot b bfeet u Itecid (or irtlaysere,eros esa.de I 1 FcsAl"
LSLI aru piIic1il prohltpord [tom Ati.s,,I,Ottg bt33-trilti 3 Intl
Vtt, 113C 1133.PC,3 A 333 tFettkred lirvanisak ot part or either POI ocar‘e leisers post-kar to
i Artti 4ri a,.4-4Tipz4twc, ti.c.,;tiott 71).;13, I kit hid Shooks
IhdOltr
tointr 01 b.SSedit ehroeve arof terms or coluttoris brut hII h teents.lio ht-A n=t4ii.cr
AR Ilk 1 r trbestl,1 ,Imte
fl I C313 3N$11 l3tLOISISItft.031V3 3pon estriron by both I 0',iSOlt and I ES`SI,I,
ARIn 1 2:: cravd.„,,nstelipA..
I I cito,IttiAttve ttipvcfnle-ti mut whilived nt ICt1IlI4LIh t IIIi IlIc rhe%rode r Ii
117
118
I W 11,,LSS 0.I it ti,t i),., lf 1,1113',4...mitt ILA,:hLr,x-..,.h'-:,,,tr C1111614 3tisi fit gl,
A''.■ in lW:1,2-,S4)14
0,4 1 i ij_2/.0'44 o I.
\ t1 • 1,1 i'lit 0,IV<1;•01,,IINV \I its
1,M K.3....C ,...,„) col 1 A R,:,,0 741400, k fl211),,,
./.°#/' ,.
7"sli-soe- r
AtteSiks,411.to9 t141:1"114111 I
,k*, ,..1)I f Sti,it,
i *0-0-,..,t.,4,,,,,V1.,•-
..7.17.11„,,, ..t j,,.1 —,),....)/ , 11,1 •
C; h. ' —
111 oil f j 11. W<I
''Ue. ".•
."- '0, giVi
I It,r I Matz:1
P.. it9/12/..4-4/44..3
■A€ i'.1,,,a•0,,,e11$.1up.. --f'
. s
'*eint.15 .1_11,1'64-144,-)
rrmt tf iffr.I
.,,pr,,,,i Ii.itl r0.II{.■.1....t 4.1.px.”....11400,0
ji:O1);:r 'I Ph`7,:it I ","'",t4.tif Cetifirf Ant,r(,!.
PROPERTY TAX IDENTIFICATION NUMBER 00053080806
LEGAL DESCRIPTION
WEST HALF (W112) OF SECTION 3o, TOWNSHIP 46 SOUTH,
RANGE 28 EAST,OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 60053080200
LEGAL DESCRIPTION
NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER
•INE114', OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST,OF COLLIER COUNTY, FLORIDA.
EXCEPT SELLERS RESERVE ANY OIL. GAS AND MINERAL,
RIGHTS OWNED BY THEM AS SET FORTH IN ANY
PREVIOUSLY RECORDED DEED
1 1 8
FIRST Amtraltvremr ro LEnsc AGREEMENT 1
14-
l'EllS FIRST AMENDMENT TO LEASE ,I,C;REF.Aitr.hT catered mile thin _ ---- day of
IVO Vtiaikelif , 2010 a Naples, Collier Causty, bonds by and botsiovn IIV011 E. STARW-.5, whose
m*ilieks sachfiels i$ 171i MaCregar Osnialevrud, Curt Ntytri, l'tcrICa 33941, Perrino:ter referred to as
"LES,if,E." 414 COLLIER COUNTY, a potties/ 3461141SiD11 01 the Slats of FlOcd11,. eeho s: mailing
ail is 3,i0 I East lanaiomi'Trail.Napleo,Florida 34112, hatirtnter refarcol to as"1 ESSOR "
WITNESS ETU
WIIERi2.A.S. Huth E Sur-nes and Collicr Comity, have previously mitred into a t sate
Aretrrere dated July 24,21/07.azd
WHEREAS,the IFSSOR AM LESSEE arc desirous of sunossiirg the Lease AgreCt:leal.nr4
WI IEREr1S.If SS term extensions prolided by the L.case Agreement ore utilized, he term of the
tease Agitement will tentriatet:11.July 21,2012,sod
WHEREAS, thigh P. Stamen and Collier County desire to co.ka .1 :hc tam of Etc LAIN (0
Dervrnher 11,2014 with possible extentiosts io lac netrAisted,n the taunt.
NOW ltit,REfORE, .n eoroidustion of the covenant, and mamma% provided *Alban ;ail
Lease Avec tient datei MY 4.2D07.and Tea Dolsrs(SI e(K11 and rtrher valuable loissideination, c).k1
Leate Agreement ii hereby urreediest 34 l'ollowr
Words ittaglaisil arc.s.ttled With ireehli-sesesegl ale tieleled.
I Article 2 or the Ltrisc Agreement ii amenried as follows!
LEisrF Hiatt have and told the Derstixd Premises wail Dectinthst 11.24,1i, le*-tritinini-l1iel1
of-this--146,81-41)--eeteow-odino*-44,-;
: . , . , ': .1 ,. . - .;• . , '. :. ' *, ' :on 4iw4e-iabtertie•-‘644€44-riet
how-than 414Fty-4441+41. -oye-poio.o-44.4.164amping441,0-+Filts-itoroo+,014otatoff.hor.ebr emposeck--6,1i.88014-moseropo
tiob,eigia-4.--tiorf-41,68Caarag-v.ritingrva4-
h4oaHlookatt+fitiresa4
2 Artirte 31.11the 1,eace Aims-stem is ars esdad 113 follow,:
1,E.SSEC hcriidny oanti silo agates to pay as rent to the ilimised Pt1.411tSt3 he sum cf three
liunensl aka !ixty-elihi betas aid No C1113($36COI Del y`Zzu Said annual rent shall ho paid in full
*p°8 the thlt?'()al en)s Pon:hc 1,:ant in which thi I rise n execuoi ty LESS()R. I.-ESSE( 4,1 ill obt)
lx mrsonsiehlt far the ;is:stmt.* or Idditonal rent eqs13 43 provAisid rot in ARTICLE 3 ur 013 Itait..
1 7. '' -:PI I of- • , • t w , il jusLatioaruLtsliolc Ctilt Irlit,SAZAt 4.5 Va94112:1AS
I. ..0,2 CX111 a : W1 4".,2,-kits a --,..., iin lire ail . LE:StitiE %ram.rtraja the 3wei of
f)n D11 iii N)Cehi, ,Q0 a
4 Alit-let)ar'llsetelae dkereerient,v$rnendetil as(iditoftos.
Prier lo making any aitiii8cd,4ilialtiOn21, idlitiOtS Or iinproo•crnerth, nicliAllianiliirnotenarreslI
104,. 'a.. 4t N't,...r, !it , ' i• ago Snrricclann illthrtimm_to the tlemicod Promise*,
LISSEE, will prosotIc tO LESSOR ill pri)posak owl plans fat altereeions, irnprovernsoxs, ckatigcs in
aidditOnd to the(1.emisei4 Preis.,jar, fort FiC5OR'S *Ir • o npprovst„specirying in wining ztic it.tlyrt and
axles of'he desired siterntinn.irnproNcliscnt..4:range, kc talCitkm, Awls with the zustemplated starting
an1 cocIrIcrioo titre for rush ?rojo.t, I.E.55OR or lt3 dcsIgnee will than have Sixty i6C1) Jays within
IQ ,Ippivvc 11 deny In Amin .Said regain rat diattgcs. Impri)vanentt illersSir.ht ,w. additioria,
119
1 1 B
IOU
LESSOR Waft not unreasonably with/told its amount to rewired or appropriate alarnstions.
improvetneets, changes or additions proposed by LESSEE. If Act sixty (601 days there has been no
response from LESSOIR or its designs*to said proposals or plots,then such silence shall be deemed as a
denial to surd avast to LESSEE
LESSEE covenants sad erect in comwetinn with anY rittnnierthoce, repair wort TreCiiOn,
eAnstruction improvement. addition or lactation of any authorirol nnodirtottiona additions or
improvements to the Demised Premises.to observe and(amply with all then and future spplicable laws,
ordinan(es, rules, regulation and restairements of the United Stales of Arnscca, State of Florida
County 4r-other,and any and ad govensnitinal agent ics.
All afternoon improvements and additions to and Demised Prost mei shall at linCe,when made or
metaled.
be deemoi ma attached to the f'reetiold and to have home proper of t ESSOR Prior to the
terminator'of this Lease or may renewal term thereof,or within chary 110)days thereafter.if LESSOR so
sects. LESSEE shalt prompify remove the additions, unprovements, Aittniti-OnS, 111tVMS Ind
4noal1ationi which were placed in. on, or upon the Demised Premises by LESSEE, and cerAit any
damage occasioned to the Vernocil Ihrwses by such remo , 11/14 In Jefault thereof, LESSOR may
complete laid removals and repairs at LPssErs expense
LESSEE covenants and agrees not to use,occupy,suffer or permit said Donned Premises or any
pan thereof to be used or occupied fin any parpose contrary to law or the rues or regoistions of any
public authority
6 Ankle It of th*Lease Vocas ist!n amended as follows,
1ESsFE than remove any improvements completed by LESSEE,a
Log,prier to tht es pindion ot nits(cane uld shall deliver isp and iurrender to LESSOR assassins of
the Demised Premises and any improvements not removed open notation of this lease,or is earlier
termination as herein prov Wed, its as good cundultin and repair as tic same that be at the
osnrnencorient of the tam of trite Lease or may have been pot by LESSOR or LESSEE during the
continuant* thereof. ordinary wear and tem and damage by fire or the elements beyond 1 ESSEES
control ficemed
Eseept as espresady provided herein. the Lease Agreement heroes/1 Hogg E Starnes and
Collier County, for the utilization of the Demised Premises described in said Leese Agreement dared
July 24,,b7i07,renewed to ftill(brat and effect according to the terms and conditions contained theren,
and said terms sad conditions are applicable hereto except sr es peaty ermined otherwise herein
rN IA IT-KESS ViffEREOF, the LESSOR and LESSEE have hereto eseeurod tin" iPtil
Amendment to Lease Agreement the day and year Aral above women
NS to rifE LESSEE
IfL011 E,ST ILNES
pi
, • . ,
WitannitS. "Fr
ir
.,. , ,. _ ........
i_...... .4.
'4,antes iSignature ,)
.7 Ct', t P2,001A.
., , „,..„.... „.„.....„_,_ ......„,_
(Print Narnel
AS 10 flIE LESSOR
120
1 1 B
100
Nine' it OQ....
41444s/414 4*(uuvrf LoMMismosuct
114 cc:I:sal, irl 0*Ito A
te4 Katt a istiocr.4,44
c. i.., ''11--140- L1/4) (
. t.,, ..1 ......„
woo - . 'foist viol,,, .ii,,8:1* Issist.sst' --le
1111116111
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t ease taCC 10 1
SECOND AlvIENMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered IMO Oki 2 47 day of ;ti 2012
at Napkn, Collier Counry, Florida by and between HUGH F STARNES. whose mailing address is &nests(
Boulevard, Fort Myers, Florida 31901, hereinafter referred to as "LESSEE,- and COLLIER COUNTY, a political
subdivision or the State of Florsda, whose mailing address is 3299 Tarniami Trail Fast, Napier*, Florida 14112, hereinafter
referred to as"LESSOR"
W1TNESSETH
WHEREAS. Hugh E St/17101*nd Collier County,have previously tittered into a Lease Agreement dated hay 24,
2007 and a First Amendment to Lease Agreement dated November 9,2010,and
WHEREAS.the LESSOR and LESSEE are desirous of:unending the tram Agreement,and
WHEREAS, rf all term extensions presided by the Lease Agreement and First Amendment arc uuhred,the tam
of the Lease Agreement will terminate on December 31,2014.and
WHEREAS, llugh E Starnes and Collier County drum to extend the term of the Lease us December 31, 2017,
with possible extensions to he negotiated in the Ilium
NOW THEREFORE, m consideration of the covenaits and agreements provided within said Lea,* Ageanent
dated July 14, 2007, and Ten Dollars I$10 00)and oilier salvable consideration, said Lease Agreement is hereby amended
as follows
Words mainlined are added Words striteli through are deleted
Attack 2 of the Lease Agreement is amended as tbilows
LESSEE shall have and hold the Demised Premises until December 31,2917 244i-4
122
118
16 E 3
Except as mprcady presided es the First Amendment to Lease Agreement dated November 4 ))O and
harm,the I ease Arpeemeat between Hu F Starnes and C OiNtr Cowuy,for the esshistson of the()emoted Pretrutcsi
cloaked tn said Least Agreement dated Fay 24, 2007, etteunts in ;All force and rifest axxording to the wrists and
rondesons relearned therm and stud terms and condmions 41r.appkaNe hereto except as expressly prosided otherwise
herun
IN WETNESS WHEREOF, the 11-.SSOR and LESSEE hsse hereto executed this Second Amendment to
Le Agreement the day and year fine above written
AS TO TH E I ESSE':
1)ATEI) 7/LJL2z B y 11 ALit
HUGH E. TARNES
it ss I Sogrustur
(4_, L. 61 //--.C• .4'7
Print Name)
(* + 0,4 N
Wltncs%(Sagnaturc)
(Print Name)
AS TO IltE LESSOR
ALL21 2011
BOARD Of COIN l'Y COMMISSIONERS
123 ( )
118
Caracara Prairie Preserve Habitat Management Plan—
Appendix F. Service-approved Pesticide List
Service-approved Pesticide List
South Florida
The following list of pesticides has been approved by the U.S.Fish and Wildlife Service
(Service)for ground application without further review. Aerial application may require
further Service review and approval.
Ground application means any chemical application method that is used to apply,
chemicals from the ground and/or water level by other means than fixed-wing airplane
and/or helicopter.
Aerial application means any chemical application method that is used to apply chemicals
properties from the air by fixed-winged airplane and//or helicopter.
Use t,,v,y,z.yzcnbtiook,ntt or_lutp;iw vw.cduns.net to find the most recent chemical labels
and MSDS sheets.
Listed by trade name for information. Endorsement of particular products is not
intended. [Common or chemical name is in brackets.]
Herbicides:
2,41)Amine, 2.4D Amine 4.Weedar 64. y 'eednraster.and all other trade names
with the same formulation). [2.4-D,amine salt] Applications of 2,4-D to water
must be reviewed and approved by the Service.
2. Accent [uic ■sultbron]
3. Arsenal [i-mazapyr] (Only I application on a specific site per year)
4. Assure 11 [quizalofop p-ethyl]
3. Banvel [dicamba]
6. Basagran [bentazon]
7. Beacon [primisultirrorr-methyl]
S. Blazer.Ultra Blazer [acifluorfen]
9. Callisto [mesotrione]
10. Clarity [dicamba]
11. Classic [chlorimmon ethyl]
12. Command.Command 3M.Command 3ME [clomazone]
13. Dual.Dual SE,Dual Magnum,Dual II V:iagnum [nrctolachlor]
1-I. Escort [rnetsulfiiron-methyl]
15. Exceed [prinnsulfuron-methyl]
16. First Rate [clorausulam-methyl]
17. Frontier [dimethenamid]
18. Frontrow [cloransulam-methyl]
19. Fusilade DX,Fusilade II [fluazifop-p-butyl]
20. (-jailor'3A [triclopvr, amine salt]
21. Gallon 4 [triclopyr,butoxyethyl ester] (only on basal spray,hack-and-squirt,or
cut stump applications:not cleared to use as foliage spray)
SFESO 2;05'03
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22. Habitat [iutazapyr] (Only 1 application on a specific site per year) Applications
of Habitat to water must be reviewed and approved by the Service.
23. Harmony Extra NP. Harmony Extra GT NP [thifensulfiaron-methyl]
24. Liberty [glufosinate-ammonium] (Listed as an alternative chemical to Atrazine)
25. Lightning [imazethapyr] (Listed as an alternative chemical to Atrazine)
26 Peak [prosultiuron] (Only I application on a specific site per year)
27. Plateau [unazapic, ammonium salt]
28. Feast. Poast Plus [sethoxydiut]
29. Rodeo, Pondnsaster, etc. [glyphosate]
30. Roundup, Glypro, Touchdown, etc. [glyphosate] (L.isted as an alternative
chemical to Atrazine).
31. Sceptot DG [iniazaquin]
32. Select. Select 2EC [clethodint]
33, Sencor 4. Sencor DF [tuetribuzin] (Only 1 application on a specific site per year)
34. Stain 4E. Siam M4 [propanil]
35, Storm [bentazon acifluorfen]
36. Transline [clopvralid]
37. Velpar, Velpar L [hexazinone]
Adjuvants:
°1liese are listed because of their low toxicity to aquatic life. This is usually only
important for use on or near water. like when a surfactant is added to Rodeo.
1. AG 6202 (surfactant. not often used in agriculture)
2. Atni-Dex (surfactant - made by Helena)
Gelva 2333 (sticker)
1. Li-700 (surfactant—made by Loveland)
5. Quest (water softener, pH buffer. contains ammonia to enhance herbicide uptake)
Insecticides:
1. Amdro.. Amdro Pro [hydramethylnon] for lire ants
Bti -- Dipel 10G. Dipel ES.Vectobac CU. Vectobac 1_2AS, Vectobac G. etc.
3. Tracer [spinosad]
4 Bt Corn tAs directed in the new CiMO guidance document that will be
finalized in the future.)
3. Treated Lumber(Wood): Wood treated with copper chromate('arsenic (CCA) is
no longer being labeled by EPA for residential uses, including decks and
boardwalks. The metals leached front treated wood are associated with effects to
organisms growing on the wood and in adjacent sediments. Of the metals
commonly used in treating wood. copper(Cu) is most likely to leach and is most
toxic. Cu is used in the two most common alternatives to CCA. So. there
currently appears to be no sound ecological basis for recommending Cu-
containing alternatives over C'CA. Creosote-treated wood also has environmental
effects and like CCA, it is a cause of human health concerns. Treated wood can
SEES() 2;05208
125 L.
1 1 B
be coated or sheathed with plastic to prevent some of these problems. Also.
woods like cedar and redwood are resistant to attacks by microbes and insects
without being treated. Wood substitutes. such as metal and recycled plastic
boards. may be used. There is currently no adequate basis for estimating aquatic
risk from treated wood. Environmental effects information was taken from EPA's
preliminary risk assessment for (CA.
Note: Many of the above chemicals warn of possible leaching into ground and surface
water. Only a few of the chemicals listed actually specify a distinct buffer width on the
EPA label.
Applicants will abide by all EPA label requirements for all chemicals.
126
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Exhibit"E"
RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST
INVESTMENT POLICY
SCOPE
The Collier County Board of County Commissioners' Investment Policy shall apply to the "Trust
Estate:' as that term is defined in Section 2.3 of the Trust Agreement.
INVESTMENT OBJECTIVES
Primary Objectives:
1. Preservation of capital and protection of investment principal;
2
Maintain sufficient liquidity to meet reasonably anticipated operating and capital
requirements; and
3. Match assets to liabilities, to the extent possible.
Secondary Objectives:
|
Maximize return and preserve purchasing power as measured by a noted market index such
as the Consumer Price index; and
Z.
Control risks and diversify investments through appropriate oversight and regular reporting.
PERFORMANCE MEASURES
Objective is to exceed the annual yield of the Florida Local Government Surplus Trust Fund (SBA).
PRUDENCE AND ETHICAL STANDARDS:
Investments shall be made with judgment and care (tinder circumstances then prevailing) which
persons of prudence, discretion and intelligence exercise in the management of their own atThirs.
not for speculation, but for investment, considering the probable safety of their capital as well as
the probable income to be derived. The standard of prudence to he used by investment officials shall
be the "prudent person" standard and shall be applied in the context of managing an overall
portfolio. Investment officers acting in accordance with written procedures and the investment
policy and exercising due diligence shall be relieved of personal responsibility for an individual
securitys credit risk or market price changes, provided deviations from expectations are reported in
a timely fashion and appropriate action is taken to control adverse developments.
Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or which could impair
their ability to make impartial investment decisions. Employees and investment officials shall
disclose to the Chief Financial Officer any material financial interests in financial institutions that
conduct business within this jurisdiction and they shall further disclose any material personal
financial/investment positions that could he related to the performance of the portfolio. Employees
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and officers shall subordinate their personal investment transactions to those transactions made in
the portfolio, particularly with regard to the time of purchase and sales. Employees shall also
disclose any gifts or entertainment received as a result of their employment in regard to the
investments of the Clerk.
Bond swaps are appropriate when undertaken in conformity with the prudent person test and overall
portfolio objectives in order to (a) increase yield to maturity without affecting the asset liability
match; (b) reduce maturity while maintaining or increasing the yield to maturity or (c) increase
portfolio quality without affecting the asset liability match while maintaining or increasing the yield
to maturity.
The Clerk should not, however, have a policy against selling securities at a loss if undertaken in
connection with prudent portfolio management.
AUTHORIZED INVESTMENTS
Florida Local Government Surplus Trust Fund (SBA):
2. US Government Securities - Direct Obligations;
3. US Federal Agencies - Backed by Full Faith and Credit of US Government;
4. US Federal instrumentalities - US Federal Agency Securities Not Backed by Full
Faith and Credit of US Government, except for Student Loan Marketing Association;
5. Certificates of Deposit - Collateralized with US Government Securities or Federal
Agencies;
6. Repurchase Agreements (As defined herein);
7. Fixed Income Mutual Funds - Collateralized with US Government Securities or
Federal Agencies;
8. Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based;
9. Prime Commercial Paper - Rated "A-1" and "P-I";
10. Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local
governments; and
11. Now Account - Fully collateralized in accordance with Chapter 280 Florida Statutes,
limited to Depository 'Bank/Concentration Bank.
Limitation on Variable Rate Securities - Acceptable only if the rate is a straight floating rate that is
set in a direct as opposed to inverse, relationship to a single index.
Limitations on Mortgage Securities (CMOs)
Mortgage Securities must:
I Be issued only by US Federal Agencies or US Federal Instrumentalities;
2. Pass the Federal Financial Investment Examination Council (FF1EC) test at time of
purchase; and
3. Have an average life or seven (7) years or less and have an absolute final maturity or
no more than fifteen (15) years at zero PSA. The term "zero PSA." means that all
interest and principal payments are guaranteed to be made by the slated final
maturity assuming no prepayments.
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Specifically prohibited investments include, but are not limited to:
{
Interest only strips ol mortgage hacked securities:
2. Leveraged bonds;
3. Structured notes or financings other than mortgage securities that meet the provisions
of this investment policy (permit callable and step up coupons):
4. Variable rate securities that set a rate based on an inverse relationship to an index;
and
5
Variable rate debt that sets a rate based on more than a single index.
2114 TURITY AND LIQUIDITY REOUIREVENTS'
The objective will be to match investment cash flow and maturity with known cash needs and
anticipated cash flow requirements (i.e., match assets to liabilities) to the extent possible.
Investment of funds shall have final maturities of not more than five (5) years, except for:
)
SBA ' l<ostated final maturity;
2. Certificates of Deposit - I Year;
3. Repurchase Agreement - 90 Days;
4. Bankers Acceptance - 180 Days;
5. Prime Commercial Paper - 180 Days;
6. Fixed Income Mutual Funds - No stated final maturity. However, underlying US
Government Securities and Federal Agencies have average maturitx of one year: and
7. Mortgage Securities - lave an average lif of seven (7) years or less anti have an
absolute final maturity of no more than Ii ftcen (15) years at zero PSA.
Utilization of Mortgage Securities:
Mortgage securities shall not be used to match liabilities that are reasonably
definable as to amount and disbursement date;
2
Mortgage securities should only be used to invest ƒhuds associated with reserves or
liabilities that are not associated with a specifically identified cash flow schedule;
and
] Mortgage securities should he used to prudently enhance the return on tite portfolio.
Exception 6»r Refunding Bond Escrows - US Government Securities and Federal Agencies
deposited into an escrow in connection with the rcboodiugoyx [ounty bond issue can have a final
maturity of more than five years.
PORTFOLIO COMPOSITION
This policy recognizes that the portfolio operates in a dynamic environment. Therefore, in the event
the maximum allowable percentages are exceeded due to cash flow demands within the portfolio
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after the date of the purchase of the security, this policy does not force the sale of the security prior
to maturity.
Ifaxim11117
Investment Type N.Q1Poiljblio
I
• Florida Local Government Surplus Trust
Fund (SBA)* 50%
2. US Government Securities 100%
3. US Federal Agencies** 100%
4. US Federal instrumentalities** 100%
5. Certificates of Deposit 30%
6. Repurchase Agreements 20%
7. Fixed Income Mutual Funds 10%
8. Domestic Bankers Acceptance 10%
9. Prime Commercial Paper 10%
1 0. Tax-Exempt Obligations 10%
* Does not include bond proceeds invested in construction funds established under a bond
resolution.
Funds in the NOW ACCOUNT will not be considered a part of the portfolio for purposes of this
section.
RISK AND DIVERSIFICATION
The Clerk will diversify its investments by security type, specific maturity, dealer or bank through
which financial instruments are bought or sold. Subject to the limitations under Portfolio
Composition, the following are the limits on individual issuers or dealer or hank:
• No limitations on SBA,Now Account, US Government Securities, US Federal Agencies or
US Federal Instrumentalities; and
• Limitations on other investments are 10% of total portfolio.
AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS
The Clerk will maintain a list of the financial institutions authorized to provide investment services.
These shall include "primary" dealers and regional dealers that: (1) qualify under Securities &
Exchange Commission Rule 15C3 (Uniform Net Capital Rule). (2) have capital o at least
$50,000.000 and (3) have an institutional sales office and an institutional sales professional
domiciled in Florida. No public deposit shall be made except in a qualified public depository as
established by state laws.
All financial institutions and broker/dealers who desire to become qualified bidders for investment
transactions must supply the Clerk with the following:
audited financial statements;
2. certification that no material adverse events have occurred since the issue of their
most recent financial statements:
1 3 0
1 El
3. proof of National Association of Securities Dealers, the registration (where
applicable) or other securities registration;
4. proof of state registration, when required;
5. certification of having read and agreeing to abide by the Investment Policy and
depository contracts in place in Collier County; and
6, a copy of the firm's established internal oversight and review guidelines controlling
business with governmental entities.
Each financial institution and broker/dealer must also agree to notify the Clerk in the event of
material adverse events affecting their capital adequacy. Each institution and broker/dealer shall
provide their written mark up schedule and guidelines to the Clerk. Each institution and
broker/dealer shall disclose to the Clerk any proposed trade that would exceed the guidelines prior
to executing the trade.
The Clerk shall do a background check on each broker with whom they do business which shall, at
a minimum, consist of contacting the State or NASD for regulatory & disciplinary dates which are
maintained on brokers.
An annual review of the financial condition and registration of qualified bidders will be conducted
by the Clerk. A current audited financial statement is required to be on file for each financial
institution and broker/dealer authorized to provide investment services. Criteria for addition to or
deletion from the lists will be based on the following: (1) state law, Board of County
Commissioners Ordinance Code, or Investment Policy requirements where applicable, (2) perceived
financial difficulties, (3) consistent lack of competitiveness. (4) lack or experience or familiarity of
the account representative in providing service to large institutional accounts. (5) request of the
institution or broker/dealer, and (6) when deemed in the best interest of the Board of County
Commissioners.
If there are at least 10 trades executed in a single year through other than a competitive bid process,
no more than 30% of the total dollar amount of sales and trades executed through other than a
competitive hid process can be conducted with a single dealer.
7MRD-PARTY CUSTODIAL AGREEMENTS
All security transactions, including collateral for repurchase agreements, entered into by the Clerk
shall be conducted on a delivery-versus-payment (Mil>) basis.
All securities shall be properly designated as an asset of the Clerk. Securities will be held by a third
party custodian authorized by the Clerk and evidenced by safekeeping receipts or advice of the
transaction. The third party custodian shall be a third party custodian bank or other third party
custodial institution with certified fiduciary powers, chartered by the United States Government or
the State of Florida and have combined capital and surplus of at least $100,000,000.
The Clerk will execute third party custodial agreements with the banks and depository institutions.
Such agreement will include letters of authority from the Clerk with details as to responsibilities of
each party, notification of security purchases, sales, delivery, repurchase agreements and wire
transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen
mishaps including liability of each party.
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MASTER REPURCHASE AGREEMENTS
I Each firm involved in a repurchase agreement must execute the Clerk's Master
Repurchase Agreement which will be based on the Public Securities Association
(PSA) Master Repurchase Agreement.
2. A third party custodian shall hold collateral for all repurchase agreements with a
term of more than one business day.
3. Collateral requirements will be based on economic and financial conditions existing
at the time of execution, as well as the credit risk of the institution which enters into
the repurchase agreement with the Clerk. The market value of the collateral shall not
be less than the following:
Ulm,*of U'S Governmenr US Federal Agencies Hortgage Backed
Securities Securities and Instrumentalities* Securities
Under 1 Year 101% 102% 103%
1 to 5 Years 102% 103% 104%
Over 5 Years 103% 104% 105%
*Excluding mortgage backed securities.
4. Collateral shall be marked to market at least weekly.
5. Substitution of collateral is permitted.
BID REOUIREMENT
The Clerk shall utilize the competitive hid process to sell and purchase securities, subject only to the
exceptions noted in the Investment Policy. After the Clerk has determined the approximate
maturity date based on cash flow needs and market conditions and has analyzed and selected one or
more optimal types of investment, a minimum of three (3) banks or dealers must he contacted to ask
for offerings of securities that tit the investment criteria. Documentation must be collected to insure
that the securities meet Investment Policy guidelines and that price levels executed are consistent
with market levels at the time. When selling securities, a minimum of three (3) dealer bids will be
sought. Documentation of all transactions must be maintained.
Examples of when the competitively bid process can be passed. include:
1. When time constraints due to unusual circumstances preclude the use of the
competitive bidding process;
2. When no active market exists for the issue being traded due to the age or depth of the
issue, (On a "work-out" basis);
3. When a security is unique to a single dealer, l'or example a private placement; and
4, When the transaction involved new issues or issues on the "when issued" market.
If the maturing investment is a certificate of deposit, one of the contacts made shall be the present
holder of the funds subject to portfolio diversification requirements in the Investment Policy. Due to
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1 1
the cost of safekeeping, one business day repurchase agreements less than S1/00.000, and the
overnight sweep repurchase agreemen associated with the Now Account will not he hid.
The Depository Bank/Concentration Bank shall be selected through a competitive process on a
periodic basis that takes into account the quality and scope of service.
INTERNAL CONTROLS
The Clerk shall establish and monitor a set of written internal controls designed to protect the
Trust's financial assets and ensure proper accounting and reporting of the transactions. The Clerk
shall establish an annual process of independent review by an external auditor which will serve as
an internal control by assuring compliance with policies and procedures.
Internal controls will encompass at a minimum the following issues:
l. transfers of all funds (purchases, sales, etc.):
Z
separation of functions including transaction authority from accounting and record-
keeping;
3. custodial safekeeping;
4. avoidance of'delivery of bearer-fbi-rn or non-wircable securities;
5. delegation ol authority to subordinate staf members:
6. written confirmation of telephone transactions:
7. supervisory control of employee actions;
8. identification and minimization of authorized investment officials:
9. documentation of decisions and transactions; and
10. documentation of complete description of mortgage securities purchased and yield
tables at purchase date.
CONTINUING.£D%/C4TyON
Each individual responsible for making investment decisions including the Clerk, shall annually
complete eight hours of continuing education in subjects or courses of study related to investment
practices and products. Evidence of such education will be maintained by each individual and
available fur inspection.
CHANGES TO THE INVESTMENT POLICY
Changes to the investment Policy may be changed with approval from the Service. Provided,
however, that no such approval of the Service need he obtained if an amendment to the Investment
Policy is required by Florida law.
\]3
1 1 13
Exhibit "F"
RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST
TRUST ESTATE
The Trust Estate will be comprised of the lump sum amount of One Million Five Hundred
Eighty Two Thousand Fight Hundred and No1100 Dollars ($1,582,800.00) (the Endowment
Fund Principal) that the Grantor will tender to the Trustee tbr deposit into the Endowment Fund
as well as any and all additional monies and funds deposited into the Fund and any income and
earnings generated on the Endowment Fund Principal.
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118
Exhibit"G"
RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST
PROCEDURES AND REPORTING REQUIREMENTS
Control of Funds
1. All deposits into the Endowment Fund shall be made via check or direct wire deposit and
copies of deposit receipts shall be issued by 'Trustee to Grantor (with respect only to the
Lump Sum Payment or "Deposit," as defined in the Trust Agreement) and the Service
within thirty (30) days. The Trustee is authorized to establish a non-wasting, interest-bearing
account for the Endowment Fund, and to hold this account for the exclusive benefit of the
Trust.
2. Trustee shall maintain an accurate accounting of funds in the Endowment Fund including at
minimum an annual balance sheet and income statement. Such accounting shall be separate
from all other accounting of funds held by or managed by the 'Trustee. Funds in the
Endowment Fund may be pooled with other funds held by or managed by the Trustee for
investment purposes.
3. Trustee shall prepare, or cause to be prepared, an annual Financial Report for the Trust and
submit it to the Service and or, upon written authorization from the Service, to any Service-
approved Successor within one hundred eighty (180) days after the end of each County
fiscal year (September 30). Such Financial Report shall satisfy and be in accordance with the
reporting requirements under section 4.1 of the Trust Agreement.
4. Interest earned on all Trust funds shall be accumulated in the Trust.
Disbursements
1. A live (5) year budget shall be prepared by Collier County for the operation and
maintenance of the Property (Exhibit "A"). This budget shall be reviewed and approved
by the Service, shall be in accordance with the Management Plan, and shall be in
sufficient detail as to the specific type of expenditure to allow Trustee to fund annual
disbursement requests from Collier County.
2. The budget shall he re-evaluated and re-approved by Collier County and Service every
two (2) years for the first ten (10) years unless an interim budget change is requested by
Collier County. Collier County may request an interim budget change at any time. but
any such change must be approved in writing by the Service. After the first ten (10) years,
the interval of re-evaluation and re-approval may be reconsidered with the approval of the
Collier County, Trustee and Service.
3. The Trustee shall issue checks within five (5) business days after the receipt of any annual
draw request submittal conforming to the requirements of this Agreement and Florida
law.
135
l e
4. Collier County will �rovidc Trustee and Service an annua accounting of the disbursement
and expenditure ol funds made in accordance with the approved management plan and
budget.
Other
I. The Trust will be audited on an annual basis by the Trustee's external independent auditor.
2. Afl investment of the Trust's funds shall he made in accordance with the Investment Policy.
136
11B
MEMORANDUM
Date: November 5, 2014
To: Melissa Hennig, Senior Environmental Specialist
Conservation Collier Program/Parks & Recreation
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Caracara Prairie Preserve Conservation Easement granted
by Collier County and Corkscrew Regional Ecosystem
Watershed Land and Water Trust Incorporated (CREW)
to the Florida Fish and Wildlife Conservation Commission
Attached for further processing are four (4) original copies of the Conservation
Easement referenced above, (Item #11B) approved by the Board of County
Commissioners on Tuesday, September 9, 2014.
After you have obtained the necessary signatures and upon subsequent return of
original copies, please forward one of the original Conservation Easements to
the Board's Minutes and Records Department so we can arrange for the
required recording and the document is available for the Board's Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachments (4)
C a LD 11B
CARACARA PRAIRIE PRESERVE
CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this'7/1` day of 201',,by COLLIER COUNTY,a political subdivision of the State
of Florida, (hereinaerred to as"County"), whose mailing address is 3299 Tamiami Trail
East,Naples, FL 34112,and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND
AND WATER TRUST, INCORPORATED, a Florida non-profit corporation, (hereinafter
referred to as "CREW"), whose mailing address is 23998 Corkscrew Road, Estero, FL 33928,
(hereinafter collectively referred to as the "Grantors" and individually as the "Grantor"),to the
Florida Fish and Wildlife Conservation Commission, an agency of the State of Florida
("Grantee"), whose mailing address is 620 South Meridian Street, Tallahassee, FL 32399-1600
(collectively referred to as the "Parties"). As used herein, the term "Grantors" shall include any
and all heirs,successors or assigns of the County and of CREW and all subsequent owners of the
"Property"(as hereinafter defined). The term "Grantee" shall include any successor or assignee
of Grantee.
WITNESSETH
WHEREAS,the County and CREW are owners in fee simple of certain lands situated in
Collier County, Florida ("Property"), as more specifically described in Exhibit "A" attached
hereto and incorporated herein, with the County holding an undivided ninety-four point four
(94.4%) percent interest in the Property and CREW holding an undivided five point six (5.6%)
percent interest in said Property;and
WHEREAS,the United States Fish and Wildlife Service("Service"), an agency of the
United States Department of Interior, has jurisdiction over the conservation, protection,
restoration,enhancement,and management of fish,wildlife,native plants,and habitat pursuant to
various federal laws, including the Endangered Species Act, 16 U.S.C. Section 1531, et seq.
("ESA"), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, the Fish and
Wildlife Act of 1956, 16 U.S.C.Section 742(f)et seq.,and other provisions of Federal law;and
WHEREAS, the Service maintains that the Property possesses or is capable of
possessing ecological and habitat values that benefit endangered, threatened, or other species
including the federally-listed Florida Panther(Puma concolor coryi) (collectively "Conservation
Values")of great importance to the people of the State of Florida and the United States;and
WHEREAS, the Service issue a biological opinion letter with exhibits(the"Biological
Opinion Letter"), dated r. g o the U.S. Army Corps of Engineers (the "USACOE")
after formal consultation under ection 7 of the Endangered Species Act of 1973,as amended,on
the USACOE's issuance of a Section 404 permit to the County for impacts to the federally-listed
Florida Panther. The impacts will result from development of the Collier County Resource
Recovery Park. The conditions of the Biological Opinion Letter provide,among other things,for
the preservation of approximately 367.7 acres of habitat suitable for the Florida Panther and
located at latitude 26°26'40.2"N, longitude 81°33'30.35" W in the County (the"Compensation
Parcel" or "Property") to compensate for impacts to approximately 344.25 acres of Florida
panther habitat. The conditions further provide for the placement of a conservation easement on
the Compensation Parcel, and for the easement to be held by the Florida Fish and Wildlife
Conservation Commission. The Biological Opinion Letter (Service Activity Code 41420-2012-
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CPA-0176\Service Consultation Code 41420-2012-F-0324)and the associated Management Plan
(the"Management Plan")are incorporated herein by reference and on file with the Service; and
WHEREAS,the Conservation Values of the Property are documented in the Biological
Opinion Letter and the Management Plan;and
WHEREAS, the County and CREW acknowledge that one of the conditions of the
Biological Opinion Letter is the recording of a Conservation Easement on the Property in
accordance with Section 704.06, Florida Statutes,which Conservation Easement shall burden the
Property in perpetuity for the conservation and protection of the Florida panther and its habitat in
accordance with the Biological Opinion Letter and the provisions herein;and
WHEREAS, CREW is not a party to the Biological Opinion Letter, but has agreed to
grant this Conservation Easement as to its five point six(5.6%)percent undivided interest in the
Property thereby subjecting its interest in the Property to the terms and conditions of the
Biological Opinion Letter and this Conservation Easement. CREW has further agreed to transfer
and assign to the County exclusive rights to all panther habitat units, created on the Property as
described in the"Agreement for Sale and Purchase,"between Marilyn H.Adkins,Joan H. Bickel,
Hugh E. and Judy A. Starnes, and the Grantors, effective July 5, 2007, and recorded in the
Official Records of Collier County on March 4,2013,OR Book:4891 Page:2907;and
WHEREAS, the Grantee is authorized to hold a conservation easement pursuant to
Section 704.06,Florida Statutes
NOW,THEREFORE, in consideration of the above recitals and the mutual covenants,
terms, conditions, and restrictions contained herein, together with other good and valuable
consideration, the adequacy and receipt of which are hereby acknowledged, Grantors hereby
grant, create and establish a perpetual conservation easement upon the Property for and in favor
of the Grantee, which conservation easement shall run with the land and be binding upon the
Grantors and remain in full force and effect forever.
The scope,nature and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made part of this Conservation Easement.
2. Purpose. The purpose of this Conservation Easement is to ensure that the Property
shall be protected forever and used as a conservation area,consistent with the Biological Opinion
Letter. The Parties intend that this Conservation Easement shall confine the use of the Property
to such uses as are consistent with the purpose of this Conservation Easement and the Biological
Opinion Letter.
3. Grantee and the Service's Rights. To carry out the purpose of this Conservation
Easement,the Grantors convey the following rights to Grantee and the Service:
a. To enter upon the Property at any time after giving twenty-four(24) hours prior
notice to the County, in order to monitor Grantors' compliance with this Conservation Easement
and the Biological Opinion Letter, to monitor and survey the Property for use by the Florida
panther and to otherwise enforce the terms of this Conservation Easement and the Biological
Opinion Letter;
118
b. To enjoin any activity on or use of the Property that is inconsistent with this
Conservation Easement and the Biological Opinion Letter,to require restoration of such areas or
features of the Property that may be damaged by any act, failure to act or any use or activity that
is inconsistent with the purpose of this Conservation Easement and to preserve the Conservation
Values of the Property:
c. To preserve, protect and sustain the biological resources and Conservation
Values of the Property;and
d. To enforce the terms,provisions and restrictions of this Conservation Easement.
4. Prohibited Use. Except as otherwise provided herein, the following activities are
prohibited on the Property:
a. Construction, reconstruction or placement of any road, billboard or other
advertising,utilities or any other building or structure on, above, or below the ground, except for
maintenance roads, trails, directional/educational signage, informational kiosks, benches, picnic
tables and pedestrian gates through cattle fences within the Property or as otherwise approved by
the Service and the Grantee;
b. Dumping or placing of soil or other substance or material as landfill, or dumping
of trash,waste,biosolids or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation except as necessary
for maintenance roads, trails, directional/educational signage, informational kiosks, benches,
picnic tables and pedestrian gates through cattle fences within the Property or as otherwise
approved by the Service and the Grantee;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other
material substance in such manner as to affect the surface;
e. Mineral exploration, except to the extent authorized by the "Oil, Gas, and
Mineral Lease" dated March 15, 2007 (appended to the Management Plan as Appendix D), and
recorded in the Official Records of Collier County at OR Book: 4250 PG: 1445, excavation,
draining or dredging;
f. Surface use except for purposes that permit the land or water areas to remain in
their existing natural conditions;
g. Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation including, but not limited to,
ditching, diking and fencing, except installation, repair or replacement of fencing necessary for
securing the Property or proper management of grazing cattle;
h. Acts or uses detrimental to such aforementioned retention of land or water areas
in their existing natural condition;
i. Acts or uses detrimental to the preservation of the structural integrity or physical
appearance of sites or properties on the Property having historical, architectural, archaeological,
or cultural significance;
118
j. Alteration of the general topography of the Property or any portion thereof;
k. Planting,introduction or dispersal of exotic plant or animal species;
1. Commercial or industrial uses;and
m. Manipulation, impoundment or alteration of any natural watercourse, body of
water or water circulation on the Property.
5. Grantors' Reserved Rights. Grantors reserve unto themselves, their successors and
assigns,and all successor owners of the Property or any portion thereof:
a. All rights accruing from the County and CREW's ownership interests in the
Property, including the right to engage in or to permit or invite others to engage in all uses of the
Property that are neither expressly prohibited herein, inconsistent with the purpose of this
Conservation Easement and the Biological Opinion Letter nor likely to negatively impact the
Conservation Values and quality of the Property as habitat for the Florida panther;
b. The right to conduct activities on the Property, including, but not limited to,
maintenance and monitoring activities,as set forth in the Biological Opinion Letter;
c. The right to maintain historical drainage on the Property in accordance with the
Biological Opinion Letter;
d. Subject to subparagraph "a" of this section, the right to hunt, fish, hike, and
engage in wildlife viewing, nature photography, natural history study, plant and wildflower
identification,environmental education,primitive camping,and equestrian use upon the Property
in accordance with the Biological Opinion Letter and Management Plan;and
e. The right to graze cattle upon the Property to the extent allowed in the Cattle
Lease Agreement of July 24, 2007, between the County and 1 iugh E. Starnes (appended to
Management Plan as Appendix E) and thereafter in accordance with any subsequent cattle lease
agreements provided the rights and extent of such future lease agreements do not exceed those of
the existing lease agreement of July 24, 2007, and are not inconsistent with the purpose of the
Biological Opinion Letter and the Conservation Easement nor likely to negatively impact the
Conservation Values and quality of the Property as habitat for the Florida panther.
6. Grantee and the Service's Duties. Neither Grantee nor the Service shall unreasonably
interfere with Grantors or their invitees, guests, and agents' use and quiet enjoyment of the
Property. Grantee and the Service agree that neither Grantors nor any affiliate, subsidiary or
other related party of Grantors shall be liable for or obligated for any liability, penalty,cost, loss,
damage, expense, cause of action, claim, demand, or judgment arising from or in any way
connected with Grantee's or Service's conduct and/or negligence on or about the Property.
7. Grantors' Duties. Grantors shall undertake all reasonable actions to prevent the
unlawful entry and trespass upon the Property by persons whose activities may degrade or harm
the Conservation Values of the Property. The Grantors also shall be responsible for control of
public access to the Property through measures including, but not limited to, the gating and
locking of access points and the marking of entry points with signs explaining approved and
prohibited access and activities on the Property.
o.
116
8. No Dedication. No right of access, ingress, or egress by the general public to any
portion of the Property is conveyed by this Conservation Easement.
9. Oblisations of Ownership. Subject to paragraph 22, below, Grantors retain all
responsibilities and all obligations related to the ownership, operation, upkeep, and maintenance
of the Property. Grantors shall keep the Property free of any liens arising out of any work
performed for, materials furnished to, or obligations incurred by Grantors. Grantors shall pay
before delinquency all taxes, assessments, fees, and charges of whatever description levied on or
assessed against the Property by competent authority, and shall furnish Grantee and the Service
with satisfactory evidence of payment upon written request. Grantors remain solely responsible
for obtaining any applicable permits and approvals required for any activity or use permitted on
the Property by this Conservation Easement, and any such activity or use shall be undertaken in
accordance with all applicable federal, state, local and administrative agency laws, statutes,
ordinances,rules,regulations,orders and requirements.
10. Enforcement. Grantee and/or the Service have the right to enforce the terms,provisions
and restrictions of this Conservation Easement. Any forbearance on behalf of Grantee and/or the
Service to exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
11. Remedies for Violation and Corrective Action. If Grantee, Grantors or the Service
determines there is a violation of the terms of this Conservation Easement or that a violation is
threatened,written notice of such violation and a demand for corrective action sufficient to cure
the violation shall be given to the putative violator as well as to the Service. In any such instance,
measures to cure the violation shall be reviewed and approved by the Service. If a violation is not
cured within thirty (30) days after receipt of written notice and demand, or where the cure
reasonably requires more than thirty(30)days to complete and there is failure to initiate action to
cure the violation within the 30-day period or to diligently engage in actions to cure the violation,
Grantee, Grantors and/or the Service may bring an action at law or in equity in a court of
competent jurisdiction (I)to enforce compliance with the terms of this Conservation Easement;
(2) to recover any damages to which Grantee, Grantors and/or the Service may be entitled for
violation of the terms of this Conservation Easement or for any damage to the Conservation
Values of the Property; or (3) for other equitable relief, including, but not limited to, the
restoration of the Property to the condition in which it existed prior to the violation or damage.
Without limiting the violator's liability, any damages recovered may be applied to the cost of
undertaking any corrective action on the Property.
12. Acts Beyond Grantors' Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee or the Service to bring any action against a Grantor
for any injury to or change in the Property resulting from natural causes beyond the Grantor's
control, including, without limitation, fire, flood, storm and earth movement or from any
necessary action taken by a Grantor under emergency conditions to prevent, abate or mitigate
significant injury to the Property or to persons resulting from such causes.
13. Hold Harmless. Each Party shall be liable for its own actions and negligence
and, to the extent permitted by law, Grantors shall indemnify, defend and hold harmless Grantee
and the Service as well as their members, directors, officers, employees, agents and contractors
and the heirs, personal representatives, successors, and assigns (collectively "Indemnified
Parties") from and against any actions, claims or damages, including reasonable attorney's fees,
arising from a Grantors' negligence in connection with this Conservation Easement,and Grantee
shall indemnify, defend and hold harmless Grantors against any actions, claims, or damages
J
11B
arising out of Grantee's negligence in connection with this Conservation Easement. The
foregoing indemnifications shall not constitute a waiver of the County's or the Grantee's
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the
same be construed to constitute agreement by the Parties to indemnify the other for such other
Parties' negligent,willful or intentional acts or omissions.
14. No Hazardous Materials Liability. Each Grantor represents and warrants that
it has no knowledge of any release or threatened release of hazardous materials or products that
could be deemed hazardous materials in, on, under, about or affecting the Property. Without
limiting the obligations of Grantors as otherwise provided in this Conservation Easement,
Grantors agree to indemnify, protect and hold harmless the Indemnified Parties, as defined in
Paragraph 13, above, against any and all claims arising from or connected with any hazardous
materials present, released in, on, from, or about the Property at any time, or with any substance
now or hereafter defined,listed,or otherwise classified pursuant to any federal,state,or local law,
regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air,
water, or soil, or in any way harmful or threatening to human health or the environment, unless
caused solely by any of the Indemnified Parties.
15. Assignment. Grantee will hold this Conservation Easement exclusively for
conservation purposes and for the purpose set forth in Paragraph 2 of this Conservation
Easement. Grantee will not assign its rights and obligations under this Conservation Easement
except to another organization or entity qualified to hold such interests under the applicable state
and federal laws and that is committed to hold this Conservation Easement exclusively for the
purposes set forth herein. Grantee may not assign this Conservation Easement without the
written consent of Grantors and the Service.
16. Subsequent Property Transfer. Either Grantor may transfer or convey its
interest(s) in the Property with the prior written concurrence of the other Grantor and the written
approval of the Service and to the extent authorized by the County's "Conservation Collier
Exceptional Benefits Ordinance" (Ordinance No. 2006-58) adopted on November 28, 2006 as it
may be amended. Grantor agrees, however,to provide the other Grantor and the Service written
notice of its intent to transfer or convey its interest at least thirty (30) days prior to the date of
such transfer or conveyance. Each successor in interest must agree in writing to assume all
obligations set forth in the Conservation Easement, Biological Opinion Letter and Management
Plan as well as assure and demonstrate to the satisfaction of the Service that the successor has the
financial capacity to implement all of the measures set forth in the Biological Opinion Letter,
Management Plan and Conservation Easement. Such financial assurances, which must be
approved by the Service, may be provided through, including but not limited to, a trust fund or
letter of credit.
Each Grantor further agrees to either refer to this Conservation Easement or, alternatively,
incorporate and insert the terms and restrictions of this Conservation Easement in any deed or
other legal instrument by which the Grantor divests itself of any interest in all or a portion of the
Property,including,without limitation,a leasehold interest. Grantee and/or the Service shall have
the right to prevent any transfer in which the prospective subsequent claimants or transferees are
not given notice of the terms, covenants, conditions and restrictions of this Conservation
Easement. Grantee and/or the Service also shall have the right to prevent any such transfer
whenever the transfer would result in a merger of the Conservation Easement and the Property in
a single Property owner (thereby extinguishing the Conservation Easement) where there is no
method or mechanism deemed adequate by law to preserve, protect and sustain the Property in
perpetuity. The failure of a Grantor to perform any act required by this paragraph shall not impair
11R
the validity of this Conservation Easement or limit its enforcement in any way.
17. Subdivision. There shall be no subdivision of the Property.
18. Condemnation. If the Conservation Easement is taken, in whole or in part, by
exercise of the power of eminent domain,Grantee shall be entitled to compensation in accordance
with applicable law.
19. Severability. If any provision of this Conservation Easement or the application
thereof to any person or circumstance is found to be invalid, the remaining provisions of this
Conservation Easement shall not be invalidated or affected thereby as long as the purpose of the
Conservation Easement is preserved.
20. Recordation. The County shall record this Conservation Easement in the
Official Records of Collier County, Florida. within five (5) days of the signing of this
Conservation Easement by the signatories below and shall re-record this Conservation Easement
at any time the Grantee or the Service may require to preserve their respective rights. The County
shall pay all costs, including but not limited to recording costs and taxes necessary to record this
Conservation Easement in the public records. Grantors will hold Grantee harmless from any such
costs necessary to record this Conservation Easement in the public records.
21. Modifications. This Conservation Easement may be amended, altered,released
or revoked only by the written agreement of the Parties hereto or their heirs, assigns or
successors-in-interest and with the written approval of the Service. Any such amendment or
alteration ("modification") shall be consistent with the purpose of this Conservation Easement
and the Biological Opinion Letter and shall not affect the perpetual duration of this Conservation
Easement. The County shall promptly record any written modification in the public records of
Collier County, Florida and thereafter promptly provide a conformed copy of the recorded
modification to CREW,Grantee and the Service.
22. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and delivered personally or sent by facsimile or by a recognized
overnight delivery service. Notice by either of the previous methods shall be deemed given upon
delivery. Notice also may be sent by United States mail, certified, return receipt requested and
postage prepaid. Such notice shall be deemed given five (5) days after deposit in the United
States mail. Notice shall be addressed as follows or to such other address as either Party or the
Service may from time to time specify in writing:
To Grantor: Collier County Board of County Commissioners
3299 Tamiami Trail East
Naples,Florida 34112
Telephone number: (239)252-2961
Facsimile number: (239)252-6713
To Grantor: Corkscrew Regional Ecosystem Watershed Land
&Water Trust,Inc.
23998 Corkscrew Road
Estero, FL 33928
Telephone number: (239)657-2253
Facsimile number: (239)867-3259
11B
To Grantee: Florida Fish and Wildlife Conservation Commission
Habitat and Species Conservation Division Director
620 South Meridian Street
Tallahassee,FL 32399-1600
Telephone number: (850)488-3831
Facsimile number: (850)921-7793
To the Service: Field Supervisor
United States Fish and Wildlife Service
South Florida Ecological Services Office
1339 20th Street
Vero Beach,Florida 32960-3559
Facsimile number: (772)562-4288
23. Subordination of Liens. Each Grantor hereby covenants with said Grantee and
the Service that Grantor is lawfully seized of its undivided interest in said Property in fee simple;
that its undivided interest in the Property is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement; that all mortgages and liens on its
undivided interest in the Property have been subordinated to this Conservation Easement; that
Grantor has good right and lawful authority to convey this Conservation Easement; and that
Grantor hereby fully warrants and defends the title to the Conservation Easement hereby
conveyed against the lawful claims of all persons whomsoever.
24. Funding. Funding for the management, maintenance, and monitoring activities
required to occur on the Property pursuant to this Conservation Easement and the Biological
Opinion Letter shall come from the Caracara Prairie Preserve Parcel Endowment Fund Trust, a
perpetual trust created in accordance with the Biological Opinion Letter, and by any other means
specified in the Biological Opinion Letter.
25. No Merger or Release. This Conservation Easement provides specific and
substantial rights to the Service as provided herein and in accordance with the Biological Opinion
Letter. These rights, among other things, prohibit the release or assignment of the rights,
obligations and encumbrances established by this Conservation Easement in any fashion,except
upon written approval of the Service. It is the intent of the Grantors,the Grantee and the Service
that this Conservation Easement shall be a covenant running with title to the Property and that
this Conservation Easement shall be binding upon subsequent owners of the Property. The
Parties covenant and agree that this Conservation Easement may not be assigned, terminated or
released in any manner without the consent and written agreement of the Service. Subject to
paragraph 16,above, in the event that either Grantor or any subsequent owner of an interest in the
Property shall convey fee title to the Property to the Grantee or to any successor of the Grantee,
the Parties expressly covenant and agree that this Conservation Easement shall not be terminated
or extinguished by operation of law pursuant to the doctrine of merger or any similar or dissimilar
doctrine or rule of law.
26. Management. Grantors hereby covenant that the management of the Property
shall be undertaken in accordance with the Biological Opinion Letter, Management Plan and this
Conservation Easement. Such management may be undertaken by the County directly or, with
the written consent of the Service, by another party, including CREW. When management is
undertaken by an entity other than the County, prior to any such undertaking, the County must
obtain the entity's written consent and agreement to undertake such management and to do so in
accordance with the Biological Opinion Letter, Management Plan and this Conservation
11B
Easement.The County further agrees to provide funding for such management in accordance with
the Caracara Prairie Preserve Parcel Endowment Trust Agreement and from the Endowment Fund
created thereunder.
27. Preserving Peraetual Rights. In accordance with Chapter 712 of the Florida
Annotated Statutes or the laws then in effect,the County agrees to record a notice,as provided in
Fla. Stat. 712.06, of this Conservation Easement once during the 30-year period beginning from
the date this easement is first recorded and, thereafter, during each 30-year period of the
Conservation Easement. The County further agrees to provide a copy of each such recorded
notice to the Grantee and the Service between the 28th and 29th year of each 30-year period.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions, and purpose imposed with this Conservation Easement shall be binding upon each
Grantor and shall continue as a servitude running in perpetuity with the Property.
IN WIMESS WHEREOF,Gr tors have hereunto set their authorized hands this-_--•—
day of ,g err ,201 Lt
GRANTOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA •
....---/ /
hest as ; I lie-puty Clerk Tom Henning,Chairman
signature only. i
Approved for form and legality:
Jennifer A.Belpedio Q� , `
Assistant County Atto �O-'
SA-clOcc..cg -V\ovy&Q
4.
The foregoing instrument was acknowledged before me this \2A' day of
5 c.x+-k7c_y' . 201Aby Tom Henning, as Chairman of the Collier County
Board of County Commissioners,on behalf thereof. He is personally known to me.
_...... C-,-
� e> e>�/ No .. Public,State of Flori r
�, ,,P.,,, VIRGINIA.A.NEST 1 Pri a Name:\f\.Y- :
g Notary Public State of Florida My Commission Expires: _VM
:, , My Comm.Expires Jun 23.2017
er Commission N FF 11938
Bondea Tnroupn National Notary Assn 0
»y-
11B
GRANTOR:
DATED:
WITNESSES: CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER
TRUST, INCORPORATED,a Florida non-
profit corporation
(Signature)
(Printed Name)
BY:
Ben Nelson,Chairman
(Signature)
(Printed Name)
STATE OF FLORIDA
COUNTY OF COLLIER
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
201_ by , as Chairman of the Corkscrew Regional
Ecosystem Watershed Land and Water Trust, Incorporated, a Florida non-profit corporation on
behalf thereof. He is personally known to me.
Notary Public,State of Florida
Print Name:
My Commission Expires: __
11B .
GRANTEE'S ACCEPTANCE
The Florida Fish and Wildlife Conservation Commission hereby accepts and agrees to
the conditions of the foregoing Conservation Easement.
The Florida Fish and Wildlife Conservation Commission
By:
Title:
Date:
Approved:
The U.S. Fish and Wildlife Service
By:
Print Name:
Title:
1 1 B
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST,OF COLLIER COUNTY,FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4)
OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER
COUNTY,FLORIDA.