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Backup Documents 06/13/2017 Item #16G5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 JAK 6/20/17 4. BCC Office Board of County \ Commissioners vA4-7s/ \ 5. Minutes and Records Clerk of Court's Office ,r.,�c0(�� bl 3=45iNn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Debra Brueg eman,Airport Authority Phone Number 642-7878 X34 Contact/Department Agenda Date Item was 6/13/17 Agenda Item Number 16-G-5 Approved by the BCC Type of Document DEP Consent Order Number of Original One Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. '" "'V ,E,5est1T 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK 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 JAK 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 JAK 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 JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK 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 6/13/17 and all changes made during the JAK N/A i§not r x gib. meeting have been incorporated in the attached document. The County Attorney's an oponfpr Office has reviewed the changes,if applicable. this line' 9. Initials of attorney verifying that the attached document is the version approved by t,1<‘. N/A is BCC, all changes directed by the BCC have been made, and the document is ready for th - --- an optionor Chairman's signature. e��0` this°line: PLEASE CONTACT DEBBIE BRUEGGEMEN (6442-7878 X 34) WHE ADY [04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revissec71776.05,Revised 2.24.05; Revised 11/30/12 � 1 A b ttri of oilier 1 G 5 CLERK OF THE CIR UIT COURT'Y Dwight E. Brock COLLIER COUICO THOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O.BOX 413044 Accountant NAPLES,FLORIDA NAPLES,FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds June 21, 2017 Mr. Greg O'Connell Florida Department of Environmental Protection FL DEP South District PO Box 2549 Fort Myers, FL 33901-2549 Re: Environmental Protection Consent Order OGC Case No. 17-0172 Mr. O'Connell, Attached for further processing is the original Consent Order referenced above, approved by the Collier County Board of County Commissioners on Tuesday, June 13, 2017. If your office requires further information, please feel free to contact me at 239-252-8406. Thank you. DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com fedex.com 1800.GoFetlEx 1830 463 3339 to N t'f - iee,,, ,'K 'r . i. . f it F}� I c ' SgY F- Z O B w M. A- i• ri i a - -0 4.4' - m Pk c to F <• H '$ vy �Q �1 +. IV et rol• I ) s • tri • O • X' 3 co I il:i: • (] l?g, s If o tli • r 2 .. sm I y I o, A ... 'o 0 •• �1 �"� IV -V ita = Q ❑ ° x ilif 02 q14.94 It r 02 (gill „ p j�--;I' V Z ❑ of ED " 7 v'i�1 E a`81 L. lir1 451 m I m m a e3 S I m l 13 1 8m i 1 r� . , S c, , o m g II m �7' 3 3 F al �' c a m Q i8' m 0 $ aas ,g- m O �$° I 1i. ,it, i 1A ❑ o ° : r 1 H x IIS lig 1.4 Ii ra, Ei A. / tifiii I Fm �' Iii g' gin • } as ° a a$24 ' 03033N H300d ON 39VN3V4 30101 9N0011Y 300138 Ad00 SI/41 NiV138 ONY ppd ... 1111.6 C) k51 16 G5 Rick („orooparto,aFlorida Department of Gove noor f Environmental Protection Carlos Lopez-Cantera • South District Lt. Governor ti Post Office Box 2549 Fort Myers, Florida 33902-2549 Noah Valenstein '•^t a► 94 SouthDistrict<2 dep.state.ii.us Secretary June 27, 2017 Collier County Airport Authority c/o Justin Lobb, Marco Island Executive Airport Manager 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 justinlobb(&,,colliergov.net Re: Collier County- ERP OGC Case No. 17-0172 Site# 129042/Project# 353443 Dear Mr. Lobb: Enclosed is the signed and entered Consent Order, OGC No. 17-0172, to resolve this case. This copy is for your records. Please note that all compliance dates for the Consent Order begin on the date of entry, which is June 27, 2017. Upon satisfactory completion of all conditions of the Order, we will close this case and place it in our inactive file. Please review the enclosed Task Deadline Table of the above referenced Consent Order which detail each item required by the Consent Order and the corresponding deadline for completion, which is based on the date of entry of the order, which is June 27, 2017. Table 2 of the Mangrove Restoration Plan has been modified per your request to defer the restoration activities until after the rainy season, since the restoration area has received an excessive amount of rainfall. All payments required by the Consent Order should be a cashier's check/money order or paid online via the DEP Business Portal at http://www.fldepportal.com/go/pay/. Also any document submittals may be mailed to the above address or for your convenience can be sent to our email mailbox at ftmerp compliance@dep.state.fl.us Collier County Airport Authority 1 6 G 5 OGC 17-0172 Page 2 of 2 If you have any questions,please contact Greg O'Connell by email at Gregory.00onnell@dep.state.fl.us or by phone at 239-344-5678. Your cooperation in resolving this case is appreciated. Sincerely, Jon M. Iglehart Director of District Management JMI/gto Enclosure: Entered Consent Order, OGC 17-0172, Attachment I and Exhibit A Task Deadline Table cc: Lea Crandall,Agency Clerk, agency_clerk@dep.state.fl.us Mark Miller, DEP Env Consultant Keith Clayton ,DEP State Lands Dwight Brock, Collier Clerk, collierclerk@collierclerk.com David Dale, Owen-Ames-Kimball Co, ddale@oakfl.com Shane Johnson,Passarella and Associates, shanej@passarella.net Luc Carriere,Hole Montes, Inc, Luccarriere@hmeng.com Tim Parker, Hole Montes, Inc,timparker@hmeng.com Nicole Johnson, Conservancy of SWFL, nicolej@conservancy.org G BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION ) SOUTH DISTRICT and THE BOARD OF TRUSTEES OF THE ) INTERNAL IMPROVEMENT TRUST FUND, ) ) Complainants, ) ) OGC FILE NO. 17-0172 vs. ) ) COLLIER COUNTY AIRPORT AUTHORITY ) and 0-A-K/FLORIDA,INC. DBA ) OWEN-AMES-KIMBALL COMPANY, ) ) Respondents. ) ) CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection("Department")and The Board of Trustees of the Internal Improvement Trust Fund("Board"),and Collier County Airport Authority and 0-A-K/Florida Inc. DBA Owen-Ames-Kimball Company("Respondents")to reach settlement of certain matters at issue between the Department,the Board and Respondents. The Department and the Board find and the Respondents admit the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce Chapter 373,Part IV, and Chapter 403, Florida Statutes, and the rules promulgated and authorized thereunder, Title 62,Florida Administrative Code. The Department has jurisdiction over the matters addressed in this Consent Order. 2. The Board is responsible for overseeing state owned lands and ensuring they are managed in trust for the citizens of the State of Florida pursuant to Chapter 253, Florida Statutes, and the rules promulgated and authorized thereunder, Florida Administrative Code Title 18. The Department has the duty to perform all staff duties and functions related to the administration of state lands as provided in Section 253.002,Florida Statutes. 16G5 OGC 17-0172 Collier County Airport Authority and 0-A-K/Florida,Inc.DBA Owen-Ames-Kimball Company Page 2 of 12 3. Respondents are persons within the meaning of Section 253.04 and 373.019(15), Florida Statutes. 4. The Board is the owner of property (Parcel No. 00744280005, Section 27, Township 51 south, Range 26 east) located adjacent to the Respondent, Collier County Airport Authority, Marco Island Executive Airport property. The Department(ERP no. 11-129042-002) and the Board(Interlocal Ingress/Egress Agreement Amended August 28, 2000) authorized expansion of the Marco Island Executive Airport consisting of construction of a taxiway and aviation apron(airplane parking)on the Board's property described above. 5. The Department finds that the Respondents violated Sections 373.430, 403.161 and 403.9328(1), Florida Statutes and Rules 18-2.018 and 62-330.020, Florida Administrative Code. An inspection by Department personnel on October 3, 2016, revealed that Respondents dredged approximately 0.50 acres of mangrove wetlands, of which approximately 0.09 acres of the 0.50 acres were also filled (depicted in Exhibit A), located on the Board's property without a valid permit, lease or other form of consent from the Department or the Board. The activity was conducted on the above described property within the landward extent of mangrove wetlands in the Rookery Bay National Estuarine Research Reserve, Class II Outstanding Florida Waters of the State,as defined by Florida Law. Having reached a resolution of the matter Respondent and the Department and the Board mutually agree and it is, ORDERED: 6. Within 30 days of the effective date of this Consent Order, Respondent Collier County Airport Authority shall pay the Department$500.00 in settlement of the matters addressed in this Consent Order. This amount includes$500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Respondent Collier County Airport Authority shall make all payments required by this Order by cashier's check, money order or on-line payment. Cashier's check or money order shall be made payable to the"Department of Environmental Protection"and shall include both the OGC number assigned to this Order,which is 17-0172 and the notation"Water Quality Assurance Trust Fund." Online payments by e-check can be made by going to the DEP Business SLERP/RAFF/0797.2 6 OGC 17-0172 1 G 5 Collier County Airport Authority and 0A-K/Florida,Inc.DBA Owen-Ames-Kimball Company Page 3 of 12 Portal at http://www.fldepportal.com/go/pay/. It will take a number of days after this order becomes final and effective filed with the Clerk of the Department before ability to make online payment is available. 7. Within 30 days of the effective date of this Consent Order,Respondent 0-A- K/Florida Inc. DBA Owen-Ames-Kimball Company shall pay the Department$2,000.00 in settlement of the matters addressed in this Consent Order. The civil penalties are apportioned as follows: $2,000.00 for violation of Sections 373.430 and 403.161,Florida Statutes and Rule 62- 330.020, Florida Administrative Code. Respondent 0-A-K/Florida Inc. DBA Owen-Ames- Kimball Company shall make all payments required by this Order by cashier's check,money order or on-line payment. Cashier's check or money order shall be made payable to the "Department of Environmental Protection"and shall include both the OGC number assigned, which is 17-0172 to this Order and the notation"Water Quality Assurance Trust Fund." Online payments by a-check can be made by going to the DEP Business Portal at http://www.fldepportal.com/go/pay/. It will take a number of days after this order becomes final and effective filed with the Clerk of the Department before ability to make online payment is available. 8. Respondents shall implement the Corrective Actions attached hereto and incorporated herein as Attachment I and Exhibit A, in the manner and within the time frames specified therein. 9. With the exception of the activities described in the Corrective Actions,effective immediately and henceforth, Respondents shall not conduct any dredging,filling, or construction activities on or within the landward extent of waters of the state without first obtaining a valid Department permit or written notification from the Department that the activities appear to be exempt as proposed from Department permitting requirements; nor shall Respondent conduct any activities on state owned lands without first obtaining a lease,easement, or other consent of use from the Department. 10. Respondents agree to pay the Department stipulated penalties in the amount of $100.00 per day for each and every day Respondents fail to timely comply with any of the requirements of paragraph 8 of this Consent Order. A separate stipulated penalty shall be SLERP/RAFF/0797.3 OGC 17-0172 1 6 G Collier County Airport Authority and O-A-K/Florida,Inc.DBA Owen-Ames-Kimball Company .JJ Page 4 of 12 assessed for each violation of this Order. Within 30 days of written demand from the Department,Respondents shall make payment of the appropriate stipulated penalties to the "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order,which is 17-0172 and the notation "Water Quality Assurance Trust Fund." The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. Any penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in paragraphs 6 and 7 of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph,the Department will not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. 11. If any event, including administrative or judicial challenges by third parties unrelated to the Respondents, occur which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondents shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondents and could not have been or cannot be overcome by Respondents due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondents,nor shall the failure of a contractor, subcontractor,materialman or other agent (collectively referred to as "contractor")to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondents,unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay,or upon becoming aware of a potential for delay, Respondents shall notify the Department orally within 24 hours or by the next working day and shall,within seven calendar days of oral notification to the Department,notify the Department in writing of the anticipated length and cause of the delay,the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondents intend to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondents,the time for performance SLERP/RAFF/0797.4 OGC 17.0172 1 6 G 5 Collier County Airport Authority and O-A-K/Florida,Inc.DBA Owen-Ames-Kimball Company Page 5 of 12 hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondents to comply with the notice requirements of this Paragraph in a timely manner shall constitute a waiver of Respondents right to request an extension of time for compliance with the requirements of this Consent Order. 12. Respondents shall allow all authorized representatives of the Department access to the property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 13. Entry of this Consent Order does not relieve Respondents of the need to comply with applicable federal, state or local laws,regulations or ordinances. 14. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69,253.04 and 373.129, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 253.04 and 373.430, Florida Statutes. 15. Respondents are fully aware that a violation of the terms of this Consent Order may subject Respondents to judicial imposition of damages, civil penalties of up to $10,000 per day per violation and administrative fines of up to $10,000 per day per violation and criminal penalties. 16. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right,pursuant to Sections 120.569 and 120.57,Florida Statutes,to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed(received)at the Department's Office of General Counsel, 3900 Commonwealth Boulevard,MS-35, Tallahassee,Florida 32399-3000,within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: SLERP/RAFF/0797.5 OGC 17-0172 1, b G 5 Collier County Airport Authority and 0 A-K/Florida,Inc.DBA Owen-Ames-Kimball Company Page 6 of 12 (a) The Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) The name, address,and telephone number of each petitioner;the name, address, and telephone number of the petitioner's representative, if any,which shall be the address for service purposes during the course of the proceeding; (c) An explanation of how the petitioner's substantial interests will be affected by the Consent Order; (d) A statement of when and how the petitioner received notice of the Consent Order; (e) A statement of all material facts disputed by petitioner, if any; (f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; (g) A statement of which rules or statutes the petitioner contends require reversal or modification of the Consent Order; and (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. If a petition is filed,the administrative hearing process is designed to formulate agency action. Accordingly,the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received)within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57,Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes,or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida SLERP/RAFF/0797.6 OGC 17-0172 16G Collier County Airport Authority and 0-A-K/Florida,Inc.DBA Owen-Ames-Kimball Company Page 7of12 Statutes,before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding(which include the Respondents,the Department, and any person who has filed a timely and sufficient petition for a hearing)and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in(received by)the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names,addresses,and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date,time, and place of the first mediation session,or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. SLERP/RAFF/0797.7 OGC 17-0172 1 b G ./ Collier County Airport Authority and 0-A-K/Florida,Inc.DBA Owen-Ames-Kimball Company Page 8of12 As provided in Section 120.573, Florida Statutes,the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57,Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties,the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute,the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above,and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute,the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes,remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 17. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statues,or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 18. The Department, for and in consideration of the complete and timely performance by Respondents of their obligations agreed to in this Consent Order, hereby waive their right to seek judicial imposition of damages or civil penalties for alleged violations addressed in this Consent Order. 19. Respondents acknowledge and waive their right to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondents acknowledge their right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes,and waives that right upon signing this Consent Order. 20. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondents and the Department. 21. All submittals and payments required by this Consent Order to be submitted to the • SLERP/RAFF/0797.8 16G5 OGC 17-0172 Collier County Airport Authority and 0-A-K/Florida,Inc.DBA Owen-Ames-Kimball Company Page 9 of 12 Department shall be sent to the Florida Department of Environmental Protection, South District Office. SLERP Section, P.O. Box 2549, Fort Myers, FL 33902-2549. 22. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. 23. This Consent Order is a final order of the Department pursuant to Section 120.52(7),Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. [This Space Intentionally Left blank] SLERP/RAFF/0797.9 OGC 17_ 72 1 6 G 5 Collier County Airport Authority and 4A-K/Florida,Inc. DBA Owen-Ames-Kimball Company Page 10 of 12 FOR THE RESPONDENT: Collier County Airport Authority i AO DAM », - Penny Tayl•1 / 01100., BCC Chairperson r 9 Collier County A �'; . , o� Board of County Commissioners Po 4"•4; CLERK be �. j9 ►' , ! . q, • c.N Attes i eitirman's signature only. [This Space Intentionally Left blank] I Appro (-. ,t _/ orm and legality , '/,t I' Jeffrey A. ' z"• •County Attorney SLERP/RAFF/0797.10 5 OGC 17-0172 16 G Collier County Airport Authority and 0-A-K/Florida,Inc,DBA Owen-Ames-Kimball Company Page 11 of 12 FOR THE RESPONDENT: O-A-K/Florida,Inc.DBA Owen-Ames-Kimball Company 5-1130 V7-- DATE r yid J.Dal= President // [This Space Intentionally Left blank] SLLRP/RAFF/0797.11 OGC 17-0172 16 6G5 Collier County Airport Authority and O-A-K/Florida,Inc. DBA Owen-Ames-Kimball Company Page 12 of 12 DONE AND ORDERED this 7 day of al Ua z 2017, In Lee County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION j-- Jon M. Iglehart Director of District Management Filed, on this date, pursuant to Section 120.52, F.S.,with the designated Department Clerk, receipt of which is hereby acknowledged. 111 • Clerk Date cc: Lea Crandall,Agency Clerk Mail Station 35 Ke ith.Clayton@dep.state.fl.us SLERP/RAFF/0797.12 16G 5 TASK DEADLINES Tasks Deadlines Consent Order OGC no. 17-0172 Entered June 27, Required by 2017 Consent Order Description Deadline Complete Collier County Airport Authority Paragraph no. 6 Department Costs of$500.00 7-27-2017 0-A-K/Florida Paragraph no. 7 Penalty of$2,000.00 7-27-2017 Collier County Airport Authority and 0-A-K/Florida Attachment I Attachment I, Complete all restoration,mitigation and See Table 2 Paragraph no. 1 monitoring per Table 2—see below below Attachment I, Stabilize western edge of airport apron w/in 72 Hrs Paragraph no.4 after fill removal/placement Attachment I, Plant Restoration Area per Table 2— See Table 2 Paragraph no.5 see below below Attachment I, Monitor restoration until success is See Table 2 Paragraph no.6 achieved per Table 2—see below below Attachment I, Complete mitigative land donation to 12-24-2017 Paragraph no.7 the State of Florida Attachment I, Purchase 0.50 mitigation credits if land 12-24-2017 Paragraph no.8 donation has not been completed Table 2. Mangrove Restoration Maintenance and Monitoring Schedule' - Activity ' Completion Date Sediment Removal and Regrading October 31,2017 Initial Exotic Maintenance Event November 30,2017 Installation of Mangrove Tree Plantings January 31,2018 Time-Zero Monitoring Report February 28, 2018 First Annual Maintenance Event January 31,2019 First Annual Monitoring Report February 28,2019 Second Annual Maintenance Event January 31,2020 Second Annual Monitoring Report February 28, 2020 Third Annual Maintenance Event January 31,2021 Third Annual Monitoring Report February 28,2021 'Schedule may be adjusted based,on field conditions during implementation of restoration activities. ATTACHMENT I 1 G CORRECTIVE ACTIONS OGC CASE NO. 17-0172 RESTORATION ACTIONS 1. Respondents shall complete all restoration,mitigation and monitoring pursuant to requirements of both Attachment I and Exhibit A(Marco Island Executive Airport Mangrove Restoration Plan). The maintenance and monitoring schedule is detailed in Table 2 of Exhibit A. 2. Respondents shall remove the fill from the 0.50-acre wetland restoration area on the property as shown and described in Exhibit A. Fill shall be defined as any non-native soils(sand and rock) and vegetative debris that has been placed in the wetland restoration area. The fill shall be removed down to the elevation of the adjacent un-impacted wetlands. All non-native fill material shall be removed even if it requires removing fill to a depth that is below the elevation of the adjacent wetlands. 3. Fill that is removed from the wetland restoration area shall be placed in the permitted(ERP 11-129042-002)fill areas or removed from the property and placed within a self-contained upland area. 4. The western edge of the airport apron expansion authorized by ERP 11- 129042-002 located adjacent to the wetland restoration area shall be permanently stabilized to prevent erosion of fill material into the wetland restoration area. The fill shall have minimum side slopes of 3:1. All rip rap shall be underlain with filter cloth to prevent the erosion of fine sediments into the adjacent wetlands.All fill side slopes shall completely stabilized by rock, sod, seed or affirmative plantings. The stabilization of the fill side slopes shall be completed as soon as possible,but no later than 72 hours of completing the wetland restoration activities consisting of fill removal/placement,and any other time as necessary to prevent erosion, siltation,and turbid run-off into wetlands or waters of the State. 5. The restoration area shall be planted with mangroves pursuant to Exhibit A. MAINTENANCE AND MONITORING 6. The restoration area shall be monitored until the success criteria contained in Exhibit A is met for three consecutive years. MITIGATION 7. Within 6 months of the effective date of this Consent Order, Respondent Collier County Airport Authority shall donate Collier County Parcel No. 00746560008 containing an estimated 2.07 acres to the Board as mitigation for the 0.50 acre mangrove impact. The donation property has been approved for donation to the Board. Rookery Bay National Estuarine Reserve will be the land manager for the donation property. The following are additional items that Respondent Collier County Airport Authority will need to provide or complete to complete the donation process: • Title Commitment and Insurance Policy insuring the Board of Trustees of the Internal Improvement Trust Fund; • Title Possession and Lien Affidavit and an Environmental Affidavit; • Special Warranty Deed with Legal Description; • Closing Statement with line item list of costs; ATTACHMENT I OGC 17-0172 1 G 5 Page 2 of 3 • Record the Property Deed; and • Any other items required to complete the donation. The state lands processor for the land donation is Keith Clayton. Please contact Keith Clayton as soon as possible to ensure that the land donation is completed in a timely manner. Keith Clayton, Government Operations Consultant II FL Dept. of Environmental Protection Division of State Lands MS # 115 3900 Commonwealth Blvd. Tallahassee, FL 32399 Phone: 850-245-2712 Email: Keith.Clayton@dep.state.fl.us 8. If the land donation described in Paragraph 7 above is not completed within 6 months of the effective date of this Consent Order, Respondent Collier County Airport Authority shall mitigate for the temporary impacts to 0.50 acres of mangrove wetlands by the purchase of 0.50 credits of saltwater forested wetlands from the Little Pine Island Mitigation Bank: a. Respondent Collier County Airport Authority shall provide the Department with documentation that 0.50 of saltwater forested wetland credits have been deducted from the credit ledger of the bank within 6 months and 45 days of the effective date of this Consent Order. b. Documentation shall be submitted to the Florida Department of Environmental Protection, South District Office, P.O. Box 2549, Fort Myers, FL 33902-2549 (`South District Office'), by facsimile to (850)412-0590, or via email to FTMERP_Compliance(a�dep.state.fl.us. This payment confirmation shall include the Respondent's name and the OGC number associated with this Consent Order, which is 17-0172. c. Mitigation Bank Contact Information: Little Pine Island Mitigation Bank Desmond Duke 21346 Saint Andrews Blvd., Suite 434 Boca Raton, FL 33433 Mobile: 239.530.8044 Office: 561.465.5054 Fax: 888.793.6444 Email: dduke@ecoresolve.com 9. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection,Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., ATTACHMENT I OGC 17-0172 1 6 G Page 3 of 3 unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of this Consent Order. 10. The project shall comply with applicable State Water Quality Standards, namely: Rule 62-302.500,F.A.C. —Minimum Criteria, General Criteria; Rule 62-302.530, F.A.C. —Table: Surface Water Quality Criteria; and Rule 62-302.700, F.A.C. - Special Protection, Outstanding Florida Waters, Outstanding National Resource Waters. 11. All required submittals, such as certifications, monitoring reports,notifications, etc., shall be submitted to the Florida Department of Environmental Protection, South District Office, Submerged Lands and Environmental Resource Permitting, P.O. Box 2549, Fort Myers, FL 33902-2549 (`South District Office'), or via e-mail to FTMERP Compliance@dep.state.fl.us . All submittals shall include the project name and Consent Order No. 17-0172. Note: In the event of an emergency, the Respondents should contact the Department by calling(800)320-0519. During normal business hours, Respondents should call (239)344- 5600. 1 6 G5 MARCO ISLAND EXECUTIVE AIRPORT MANGROVE RESTORATION PLAN Revised May 2017 Prepared For: Collier County Airport Authority 3005 Main Sail Drive Naples, Florida 34114 (239) 642-7878 Prepared By: Passarella&Associates,Inc 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239)274-0067 EXHIBIT A OGC No. 17-0172 Project No. 99HMA449 1 6 G 5 TABLE OF CONTENTS Pace 1.0 Introduction 1 2.0 Existing Site Conditions 1 3.0 Restoration Plan 1 4.0 Success Criteria 2 5.0 Monitoring and Maintenance 3 5.1 Monitoring Methodology 3 5.2 Vegetation Monitoring and Maintenance 3 5.3 Wildlife Monitoring 4 5.4 Photographic Documentation 4 5.5 Monitoring Reports 4 6.0 Maintenance and Long-Term Management 5 7.0 Mitigation 5 1 6 6 5 LIST OF TABLES Page Table 1. Mangrove Tree Planting List 2 Table 2. Mangrove Restoration Maintenance and Monitoring Schedule 3 ii 1 6 G 5 LIST OF EXHIBITS Page Exhibit A. Project Location Map A-1 Exhibit B. Aerial with Mangrove Restoration Area and Photograph Locations B-1 Exhibit C. Aerial with Existing Topographic Elevations Map C-1 Exhibit D. Aerial with Proposed Topographic Elevations and Monitoring Plan D-1 Exhibit E. Aerial with Mitigation Area E-1 i i i 1 6 G5 1.0 INTRODUCTION The following report outlines the mangrove restoration plan for the Marco Island Executive Airport (Project) located in Sections 23, 26, and 35; Township 51 South; Range 26 East; Collier County (Exhibit A). This restoration plan has been prepared for mangrove wetlands that were inadvertently impacted (i.e., cleared and filled) during construction of the parallel taxiway and apron expansion activities authorized by Florida Department of Environmental Protection (FDEP) Permit No. 11-0129042-002. The impacted area totals 0.50E acre and is located adjacent to the Project boundary, immediately west of the existing apron facility (Exhibits A and B). In addition to restoration activities, this plan includes a discussion of the wetland mitigation proposed for the impacted mangrove wetland area. 2.0 EXISTING SITE CONDITIONS A site inspection was conducted on January 31, 2017 to document existing conditions within the wetland impact and the adjacent undisturbed mangrove areas. The location of the wetland impact area and photographs taken during the site visit are depicted on Exhibit B. Vegetative conditions within the restoration area included sporadic regrowth of white mangroves (Laguncularia racemosa) with lesser amounts of red mangroves (Rhizophora mangle) and black mangroves (Avicennia germinans). White mangrove regrowth ranged from approximately two to eight feet in height while red mangroves and black mangroves regrowth ranged from approximately one to four feet in height. In addition to the mangrove trees, buttonwood trees (Conocarpus erectus) were documented along the eastern edge of the wetland impact area. The northern end of the wetland impact area contained very little regrowth and was predominately open (Exhibit B). No exotic or nuisance species were observed in the wetland impact area. Vegetation in the adjacent undisturbed mangrove wetlands contained a mosaic of all three mangrove species that varied in dominance depending on location. The canopy-sized mangroves are approximately 20 to 30 feet in height. The ground cover was predominantly open with scattered black mangrove pneumatophores. Approximately 0.09 acre of the wetland impact area includes fill placed during construction activities. The location of the fill area is depicted on Exhibit C, which also includes existing topographic information (i.e., elevations in North American Vertical Datum (NAVD)) for the wetland impact and adjacent undisturbed mangrove area. 3.0 RESTORATION PLAN The restoration plan for the mangrove impact areas include: 1) removal of all of the old silt fence;2) installation of a silt fence along any portion of the fill area that has not been stabilized; 3) removing fill material and re-grading; 4) conducting an as-built survey of the mangrove impact area to ensure that 0.9E foot NAVD is achieved; 5) installing a silt fence along the eastern boundary of the mangrove impact area (western limit of the permitted fill boundary) to prevent future erosion from the Project; 6) stabilization of the western limit of the permitted fill 1 1 6 boundary; and 7) installation of mangrove plantings. Fill removal will be conducted using a long boom excavator from the airport side. If this is not feasible, fill removal will be conducted with a small machine similar to a Caterpillar rubber-tracked loader(Model 305), small backhoe, and/or similar equipment that exerts a relatively small amount of pressure on the ground surface per square inch or by hand. FDEP staff will be contacted if additional machinery, other than the equipment described above, is required to loosen compacted soil within the wetland impact area. No staging or stock-piling of materials or equipment will occur within the restoration area. Once the fill has been removed, the restoration area will be re-graded to match existing elevations of the adjacent undisturbed mangrove wetlands (average 0.9± feet NAVD). The fill material will be completely removed from the wetland impact area and will not be used to achieve the 0.9± foot NAVD target elevation. However, organic material (i.e., muck or similar material) will be utilized to achieve the 0.9± foot NAVD target elevation. The existing and proposed topographic elevations within the mangrove wetland restoration areas are depicted on Exhibits C and D. Once regrading activities have been completed and the western limit of the permitted fill boundary has been stabilized, native mangrove tree plantings will be installed in accordance with Table 1. Existing mangroves in the restoration area will remain if it does not require their removal to achieve the 0.9±foot NAVD target elevation. Table 1. Mangrove Tree Planting List' Minimum Minimum Planting Planting Common Name Scientific Name Container Height Size Instruction Quantities Black mangroves Avicennia germinans 5 ft. 3 gal. 10 ft. 87 Red mangroves Rhizophora mangle 5 ft. 3 gal. 10 ft. 87 White mangroves Laguncularia 5 ft. 3 gal. 10 ft. 44 racemosa Total 218 'Black mangroves and red mangroves will be planted 2:1 to white mangroves due to the abundance of white mangrove regrowth observed during the January 31,2017 site inspection. Total area to be planted is 0.50+acre. 4.0 SUCCESS CRITERIA Annual monitoring shall be conducted until success is achieved. If success is not achieved within the specified time frame, additional measures to ensure that the Project meets success shall be implemented. Mangrove restoration shall be determined successful based on the following criteria: a) A minimum of 80 percent survival of planted mangrove seedlings for three consecutive years; and b) A maximum of 1 percent aerial coverage of exotic and nuisance species for three consecutive years. 2 1 6 G5 Exotic and nuisance vegetation species are identified as those species listed by the Florida Exotic Pest Plant Council. 5.0 MONITORING AND MAINTENANCE 5.1 Monitoring Methodology The proposed monitoring of the mangrove restoration area will consist of a time-zero event followed by annual vegetation monitoring events for a minimum of three years or until success has been achieved, whichever is greater. Time-zero monitoring will be completed within 30 days of completion of the restoration actions. Annual monitoring shall be completed in 12-month intervals from the time-zero monitoring event until success has been achieved. Table 2 outlines the maintenance and monitoring schedule. The monitoring reports will document conditions within the mangrove restoration area. These reports will also identify any problems and recommend specific actions that need to be taken to improve site conditions. Monitoring photograph stations will remain the same for the annual reports, as will all data collection methods. The location of the monitoring photograph station locations are depicted on Exhibit D. Table 2. Mangrove Restoration Maintenance and Monitoring Schedule' Activity Completion Date Sediment Removal and Regrading July 1,2017 Initial Exotic Maintenance Event July 15, 2017 Installation of Mangrove Tree Plantings August 31,2017 Time-Zero Monitoring Report September 30,2018 First Annual Maintenance Event July 31,2019 First Annual Monitoring Report September 30,2019 Second Annual Maintenance Event July 31,2020 Second Annual Monitoring Report September 30,2020 Third Annual Maintenance Event July 31,2021 Third Annual Monitoring Report September 30,2021 'Schedule may be adjusted based on field conditions during implementation of restoration activities. 5.2 Vegetation Monitoring and Maintenance Planted mangroves within the mangrove restoration area shall be monitored annually until success has been achieved. Prior to the time-zero monitoring event, all planted mangrove seedlings shall be permanently tagged for identification and six fixed-point photograph stations shall be established as depicted in Exhibit D. The photograph stations 3 16G5 will remain consistent throughout the monitoring program. Percent survival of planted mangroves shall be calculated across the entire mangrove restoration area for each annual monitoring event. All exotic and nuisance vegetation found within the mangrove restoration area shall be cut and removed from the wetlands using hand-held equipment in a manner that will minimize impacts to existing wetland vegetation and not cause rutting of wetland soils. 5.3 Wildlife Monitoring Observations of wildlife will be made by qualified ecologists during the monitoring events. Direct sightings as well as evidence and signs of wildlife (i.e., vocalizations, burrows,nests,tracks,droppings, etc.)will be recorded. 5.4 Photographic Documentation Permanent, fixed-point photograph stations will be established in each monitored area. These stations will provide physical documentation of the condition and appearance of each area, as well as any changes that take place throughout the monitoring period. Monitoring photographs taken at these stations will accompany vegetation data in each monitoring report. The photographs shall include persistent reference feature(s) (e.g., PVC piping with heights marked)that can be used to monitor the existing conditions, the extent of restoration, and the date the photograph was collected. The locations of photograph stations are depicted on Exhibit D and will remain the same throughout the duration of the monitoring program. 5.5 Monitoring Reports Annual monitoring reports shall be submitted to the FDEP until success has been achieved. Monitoring reports will include the following information: • The Office of General Counsel (OGC) number for the Project(OGC No. 17-0172). • The date of the annual monitoring event. • A background of the site conditions prior to restoration and any pertinent observations collected during previous monitoring events. • A description of maintenance work performed since the previous report and a discussion of any modifications to the maintenance program. • A description of anticipated maintenance work to be conducted over the next year. • The results and discussion of quantitative vegetation monitoring conducted in the mangrove restoration area. Percent survival of the planted mangroves and percent 4 1 b 65 exotic and nuisance species coverage prior to annual maintenance event will be reported. • The results and discussion of wildlife monitoring data. • A recommendation of any additional restoration actions that may be necessary to achieve restoration success. • Photographs collected at each photograph station within the mangrove restoration area. • A plan-view drawing showing the locations and bearing of the fixed photograph points. 6.0 MAINTENANCE AND LONG-TERM MANAGEMENT Annual inspections will be conducted in conjunction with the maintenance activities. During these inspections, the mangrove restoration area will be traversed by a qualified ecologist and the locations of exotic and nuisance species will be identified. Exotics and nuisance species in these areas will immediately be treated with an appropriate herbicide by way of brushing on the herbicide directly to the cuts. Any additional problems identified during the inspection will be corrected. Upon successful completion of the monitoring program and required success criteria, the long- term maintenance of the mangrove restoration area will be the responsibility of Rookery Bay National Estuarine Research Reserve. 7.0 MITIGATION Mitigation is required for the inadvertent mangrove wetland impacts that occurred adjacent to the Project site. According to Section 403.9332, Florida Statutes, mitigation must be a two-to-one replacement of the impacted area. Thus, the minimum mitigation requirement is one acre of mangrove wetlands. As mitigation for the impacts, the Collier County Airport Authority proposes to donate 2.07± acres of mangrove habitat that is currently owned by Collier County. An aerial map depicting the location of the proposed mitigation is attached as Exhibit E. These areas will be deeded to the State of Florida upon review and approval by FDEP staff. 5 16 G5 EXHIBIT A PROJECT LOCATION MAP i gy ! RDl �� i�fil.: \ECOERKSCREW .111 4 II HENDRY aalaiL�r�1peal �J 111•. g I *VI N (49).. OIL WELL RD D m 0 co 27 w J 4111 g OLLIER ‘..2..., 91141 Illpta,_ 41 41@fb %V 1,..-- l. Ili" 'r. 110.4 � .,, KM/UT �7NcRM6RCEZE1Di444 ;j'".� �� e' CHAMPIONSHIP�� '�'a*� �+6� � � � �� `S,, ■ _ DR „:„.„44-,,,,: „.„4 , NO t .r. pl I�T�' t '�'' R a %1r F,-.*.;;::10. A ,.5'1 r J /it / 41,- t v r � n w_. N,P.,Vy F�S .e 1 � fit' -{�}��.••-.;:,,,,I......_,„, ��, ,,,,, ...„,.....„. ,.,,,_,.1. ;,+ d+' .`.Q �'f{( r �_ .‘ yy POH \L,I.HINt L 1]R 1�,, _ .,:. i n/G-1"-'1',---„.., ` 1 ' 1 Y• r L. � :f �Lr•r•sr4l i,�q-4.. _�j+":o. •-" ,k-kt}il } "' � �., ... yn ' Noor �� fi p } `1e ,.'.ell �� t �� ALN �.N l"�r � '�zt , t. 1114;i Itir s e i PROJECT LOCATION SEC 23,26,35,TWP 51 S,RNG 26 E f i d O0.G SStV a l '� ‘4:' S i ,,. ,,,,j_ . ,....11,,;• ..",..,''.!';.1%40M--,;..'•:\ ..'''3,1 .-4"---14:q-' r. 1 �}441,--6. ��y' MANGROVE QI B 4; RESTORATION AREA RESTOR tt.,.. *4 14. °I s -.4 lio i. S a E Lr it s I i DRAWN BY DATE EXHIBIT A.PROJECT LOCATION MAPREMWEDBY 2/13/17 MARCO ISLAND EXECUTIVE AIRPORT K.S. 2/13/17 PASSARELLA AND MANGROVE RESTORATION AREA RETIRED DATE _. _ - (St, ASSOCIATES 16 G 5 EXHIBIT B AERIAL WITH MANGROVE RESTORATION AREA AND PHOTOGRAPH LOCATIONS W e i iii 8 m Wir✓� 1 W gi g �y ( wig i t 4 g il i %%+1 i 8 $ r.ti ..,: p < ` w a a . W y g a � 3g ,,, ' -" v Y r c•,,,, a' • °• .4 4 V -- ., r �. 1->. Ib ",,Asim - ,— - __ MA W � tis - �~ C � N 8 i ti, 1 k rlit' i \" il fIll f . \ , 1 P \ 4. . i 11 k a r k, , tt it L F .1 1 . & 5'-'' Cry _ aaaa t`! St—.wYi a Fy.? , i C TTS i f.,, ' / I ,.-_._ � I y •lid, .r+ y ♦ 2 '1,1III. L �• r we V ei C O,n•,.e.�n..e.1..,u..n a„,m PS.„u-..,,tea.a m.,ns a e,+,�ti�.,,.m..r Sfl,WSywn es•+,�aa�aea.- 1 G5 EXHIBIT C AERIAL WITH EXISTING TOPOGRAPHIC ELEVATIONS MAP „, . _ . ,..,,- 6 G 5 :•••• ....,,,,. _...,,,:.'01 '''•'--74..- : _',. ',.- i - - St f k . 1 +� (� aft, -- x,0011,,,,01, . '0 x_ _ _ ___ ( , ,. '',+ fin, / ' ¢ yt� z .-......,„-:,•-r-.,', • well,i ...0I .h • et • {{,,.. • ,fq• ,-,-�'a•Ili c A mt Y • • k y i • � ' a U '2 r r e 1 �� t 1 F "s +` . ,. LEGEND }Y ! 4 MANGROVE RESTORATION 1 ! AREA(0.50 At!) ` ^ .. FILL AREA b w ' (0.00 AC C) 5 - (R . EVISTING TOPOGRAPHIC • `'''' . ELEVATIONS(TYP) - I. CA't Pk .•' i NOTES- •'t ' AERIAL PHOTOGRAPHS WERE ACOIROED W .t THROUGH THE COLLIER CNTY PROPERTY f APPRAISERS OFPKE AND WERE PLOWN ,1 hr DECEMBER f01S•FEBRUARv 1016. s BOINOARY OP AOIPORT EASEMENT PER 2001 i N.0 U,PROVIDED BT 1101,E MONTES.INC ffi ,Y TOPOGRAPHIC ELEVATIONS PROVIDED tv HOLE MONTES.INC DRAWING N0.AIRPORT t % CLEARED AREA 1090.OWE DATED ' I FEBRUARY!.2017. Iwzo uYl.,,�,(o.+,r,r,� MARCO ISLAND 1 MY Y"r20D PASSARELLA 99(IAwaav K.S�fi /13/17 tat�I+'n+Kukla 111 EXECUTIVE AIRPORT AIY” 11 .+NI, mYY N10:2 391 2 74=9 7 AERIAL WITH EXISTING I ai91274 69 & ASSOCIATES TOPOGRAPHIC ELEVATIONS MAP EXIIIHRC 16G5 EXHIBIT D AERIAL WITH PROPOSED TOPOGRAPHIC ELEVATIONS AND MONITORING PLAN ; :,,,,lipyr-s.::, -•,,,,,-,77; ....,.„.. . ,.... ,.,,,„„_. , , . 6 6 5 . . .,. ...,..,.... ..„ , 1 44'.",' [1,:) . . 4 ' .,,,. • _EMI , s si„ i'...,' i • . ,„,.- : ', •.,„4,4', ' r : : 1. A , . , • , ,; , �EititI V r. 1. . 41 }, r vits, �. ) p ..i._:: , 0. FTI ' 4'.t.-',:if":::".';"•,,'e:::, t4' /I C, r 2 i • t. l *f4 A gYO \, '. , * " 4- M , 43 ' ' iT;' . a. ' . *I'ti-- \ ' E Y .. -1,1 )'.- stip ' ,+. i.,'::4 i-,i. 4t-,y... .4'.,i7:,;.' LEGEND 1 11' % MANGROVE RESTORATION I 1..r + AREA(0 SO Ac t) i '` FILL REMOVAL AREA ' -A'# t PROPOSED TOPOGRAPHIC j: •'' ELEVATIONS(TYP.) • PS-I PHOTO-STATION NUMBER .->' T . * PHOTO-STATION EI I -I1 c `s'.. NOTES i AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISERS OFFICE AND WERE FLOWN DECEMBER 201S-FEBRUARY 2016 rBOUNDARY OF AIRPORT EASEMENT PER 2001 i _ I _ ; y M.0 U PROVIDED BY HOLE MONTES,INC BY p J TOPOGRAPHIC ELEVATIONS PROVIDED a'.' HOLE MONTES.INC.DRAWING NO.AIRPORT P CLEARED AREA TOPO.DWO DATES ry'' S ;,4 2:SOIT, I 'H`H. aif/(7 11Am UMr.Vwllr MARCO ISLAND Imo.. ,�,. i NRAT<•W wn " faPASSARELLA EXECUTIVE AIRPORT MP II 9911MA449 if K.S. JI3/I7 KTMI\iWn,Florida 3191: ,,,,, Ph�eC39)274aw7 AERIAL WITH PROPOSEDTOIOGRAPHIC Fax(219)1740 9 & SSOCIATES f ELEVATIONS AND MONITORING PLAN 1 XI IIRIT)) 1 665 EXHIBIT E AERIAL WITH MITIGATION AREA 1 a111 E • T UILW E2-'CQ 0. Z i_i_3.•_ E�Z� %•� ` _ 0 "Z i c (0 s h h a CO 4o el it p S O 6N O R4 N i 1 O O .e-0 F"'{ CL t 0 CL0 U S 1 m t i e \ . d Q i O a z• \ 0°' c g d t U �; o N ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 G 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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. -Ge{tnty Att-ofney Office County Attorney PTS 1�+13r� � J 2. . 6ffiCe Board of County C0 A{}civQz s c cI. .,•e Commissioners % I 113\ 3. Minutes and Records Clerk of Court's Office ,0)-a 13jjg a ;115.1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was / Agenda Item Number Approved by the BCC CSS\ \3\7-0 S Type of Document Number of Original �J Attached 1-'' � © Documents Attached `-f PO number or account Account: Fund , Cost Center number if document is Object Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? 4 ^'1 o X, CO1'- 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 N/A 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 Ol1 cJ 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 L. e\3\2.A; r'1 ,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 the BCC,all changes directed by the BCC have been made,and the document is ready for the ta. Chairman's signature. ,. I:Forms/County Forms/BCC Fonns/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16G5 MEMORANDUM DATE: December 13, 2017 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Teresa Cannon, Deputy Clerk Minutes and Records Department RE: Marco Airport Donation — County Deed Attached for your records is three (3) originals of the document referenced above, (Items #16G5) approved by the Board of County Commissioners on Tuesday, June 13, 2017. Please return a fully executed copy back to the Minutes and Records Department for the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment Memorandum 1 6 G 5 TO: Minutes & Records FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: December 12, 2017 RE: Marco Airport Donation This item was accepted by the BCC on June 13, 2017, Agenda Item 16G5. Please attest and/or notarize to Commissioner Taylor's signature as Chairman on the County Deed, Donation Settlement Statement, Title, Possession & Lien Affidavit, and Environmental Affidavit. Once attested, please advise so we can pick up the originals so we can forward to the State of Florida for signatures prior to recording. Please contact me if you have any questions or comments at Extension 8917. Thank you! 16 G 5 PROJECT: Collier County-Marco Airport-MKY Mitigation Tax Id#: 00746560008 Accepted by BCC June 13,2017 Agenda Item 16G5 Prepared by: Jennifer A.Belpedio, Esquire Office of the County Attorney 3299 East Tamiami Trail, 81h Floor Naples, Florida 34112 (239)252-8400 COUNTY DEED (Pursuant to Section 125.411, Florida Statutes) THIS INDENTURE, made this 1.34'" day of ,3Uflt , 2017, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 of the County of Collier, in the State of Florida, party of the first part, and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is c/o Florida Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 115, Tallahassee, FL 32399-3000, party of the second part, (Whenever used herein the terms "part of the first part" and "party of the second part" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Party of the first part"and"party of the second part"are used for singular and plural,as the context requires and the use of any gender shall include all genders.) WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its successors and assigns forever, the following described land lying and being in Collier County, Florida to-wit: See Exhibit "A" attached hereto and by reference made a part hereof. Acceptance of Transfer of Title to Donated lands attached here to as Exhibit "B" and by reference made a part hereof. Property Appraiser's Parcel Identification Number: 00746560008 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS r,� COLLIER 0 ' Y, a political subdivision of the State of F . da ,, �" '� r BY .4r . "t,:,t;i `uC '' 1A`t, ,leputy Clerk Penny Taylor' =s Chairma W signature ly`: (OFFICIAL SEAL) Approved as to form and legality: 1116 Jennife . Belpedio,Assi• . County Attorney c� �� ,O? 16G5 EXHIBIT"A" Government Lot 7, Section 33,Township 51 South, Range 26 East, Collier County, Florida. Rookery Bay Collier County Donation Collier County /BSM BY SK Date:9.29.2017 Page 1 of 1 EXHIBIT"B" 1 6 G 5 ACCEPTANCE OF TRANSFER OF TITLE TO DONATED LANDS Board of Trustees of the Internal Improvement Trust Fund of the State of Florida hereby accepts this conveyance as a transfer of title of the real property as described in this Deed in accordance with F. S.253.025(10)(b). BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SIGNATURE OF FIRST WITNESS) BY: David A.Clark,Director DIVISION OF STATE LANDS. DEPARTMENT OF ENVIRONMENTAL PROTECTION (PRINTED,TYPED OR STAMPED NAME OF as agent for and on behalf of the Board of Trustees FIRST WITNESS) of the Internal Improvement Trust Fund of the State of Florida (SIGNATURE OF SECOND WITNESS) (PRINTED,TYPED OR STAMPED NAME OF Date Signed SECOND WITNESS) STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me his day of ,2017,by David A.Clark,Director, Division of State Lands,Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida He is personally known to me. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed,or Stamped Name of Notary Public) Commission No.: My Commission Expires: 1 6 G5 DONA HON SETTLEMENT STATEMENT NAME AND ADDRESS OF DONEE: NAME AND ADDRESS OF DONOR: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT COLLIER COUNTY, a political subdivision of the TRUST FUND OF THE STATE OF FLORIDA State of Florida 3900 Commonwealth Blvd.,MS 115 3335 Tamiami Trail East, Suite 101 Tallahassee, FL 32399-3000 Naples, FL 34112 SETTLEMENT DATE: PROPERTY LOCATION: SETTLEMENT AGENT: SEE EXHIBIT"A"ATTACHED PLACE OF SETTLEMENT: American Government Services Corporation 3812 W. Linebaugh Avenue FILE NUMBER: Tampa, FL 33624 SUMMARY OF DONEE'S COSTS SUMMARY OF DONOR'S COSTS ASSESSED VALUE $3,105.00 ASSESSED VALUE $3.105.00 GROSS ASSESSED VALUE $3,105.00 GROSS ASSESSED VALUE $3,105.00 REDUCTIONS AMOUNTS PAID BY OR ON BEHALF OF DONOR DONATED LANDS $3,105.00 DONATED LANDS $3,105.00 NO FUNDS EXCHANGED NO FUNDS EXCHANGED SETTLEMENT COSTS FROM $ 0.00 ATTACHED PAGE TOTAL(DONATED ASSESSED $3,105.00 TOTAL(DONATED ASSESSED $3,105.00 VALUE) VALUE PLUS SETTLEMENT COSTS) GROSS AMOUNT ASSESSED $3,105.00 GROSS AMOUNT ASSESSED $3,105.00 CASH [ 1 TO [X] FROM DONEE -0- CASH [ 1 TO [X] FROM DONOR -0- ITEMIZED ACQUISITION COSTS 1 6 G PAID FROM PAID FROM DONEE'S DONOR'S FUNDS AT FUNDS AT SETTLEMENT SETTLEMENT ITEMS TO BE PAID IN ADVANCE 2017 PROPERTY TAXES TO: Collier County Tax Collector N/A TITLE CHARGES Title Commitment POC to AGS $375.00 by Donor Title Insurance Premium POC to AGS &Commonwealth $50.00 by Donor Owner's Coverage $3,105.00 GOVERNMENT RECORDING AND TRANSFER CHARGES Recording fee POC by Donor: Deed: Collier County Clerk of Court$27.00 ADDITIONAL SETTLEMENT CHARGES Survey Waived ESA Waived TOTAL ACQUISITION CHARGES: $452.00 POC by DONOR Parties agree that no liability is assumed by Settlement Agent for the accuracy of the information furnished by others as shown on the Donation Settlement Statement. Settlement Agent hereby expressly reserves the right to deposit any amounts collected for disbursement in an interest bearing account in a Federally insured institution and to credit any interest so earned to its own account as additional compensation for its services in this transaction. CERTIFICATION OF DONEE AND DONOR I have carefully reviewed the Donation Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account by me in this transaction. I further certify that I have received a copy of the Donation Settlement Statement. By execution of this Settlement Statement Donee does not represent any concurrence in the donor's claimed fair market value of the Property being donated. DONEE: DONOR: BOARD OF TRUSTEES OF THE INTERNAL BOARD 0 C I TY COMMISSIONERS IMPROVEMENT TRUST FUND OF THE STATE OF COLLIE r • 0 ► Y,FLORIDA, FLORIDA political . . ision of the State f lorida BY: BY• David A. Clark,Director Penny Ta as Chair DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION as agent for and on behalf of the Board of Trustees of Approved as to form and legality: the Internal Improvement Trust Fund of the State of Florida � > Jennifer A. Belpedio.Assi County Attorney The foregoing statement is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Settlement Agent Date _ ♦t� '� ��i��, • 1T1 T\ 1 . MIGHT 1A .:)% Attest ash C�iairmit'S,� 4 signature only. 16G5 EXHIBIT"A" Government Lot 7, Section 33, Township 51 South, Range 26 East, Collier County, Florida. Rookery Bay Collier County Donation Collier County BSM BY 5K Date:9.29.2017 Page 1 of 1 TITLE,POSSESSION & LIEN AFFIDAVIT 1 6 G 5 (OTHER-DONATION) Penny Taylor, ("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Donor(as hereinafter defined) makes these representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (collectively "Donee"), and to American Government Services Corporation and Commonwealth Land Title Insurance Company. (collectively, "title insurer"), to induce Donee accept and title insurer to insure the fee simple title to that certain real property described below,and Affiant further states: I. That the Affiant is the Chairman of the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida ("Donor") and in such capacity has personal knowledge of the matters set forth herein, and he has been authorized by the Donor to make this Affidavit on Donor's behalf 2. Donor is the sole owner in fee simple and now in possession of the real property together with the improvements located thereon described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Property"). 3. The Property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for easements, restrictions, or other title matters listed in the schedule of exceptions in the title insurance policy to insure the fee simple title to the Property to be received by Donee in this transaction pursuant to the title commitment issued in this transaction. 4. There are no matters pending against the Donor that could give rise to a lien that would attach to the Property or cause a loss of title or impair the title between the last title insurance commitment effective date, and the recording of the fee simple title to be insured, and the Donor has not and will not execute any instrument that would adversely affect the fee simple title to be insured. 5. Donor has undisputed possession of the Property; there is no other person or entity in possession or who has any possessory right in the Property;and Donor knows of no defects in the fee simple title to the Property. 6. No "Notice of Commencement" has been recorded which pertains to the Property since the last title insurance commitment effective date, there are no unrecorded laborer's, mechanic's or materialmen's liens against the Property, and no material has been furnished to the Property for which payment has not been paid in full. 7. Within the past 90 days there have been no improvements, alterations, or repairs to the Property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same,which remain unpaid. 8. There are not due, or to come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other public utilities,or improvements made by any governmental authority. Should any bill be found which relates to the period of Donor's possession, Donor will pay such bill upon demand. No notice has been received of any public hearing regarding future or pending zoning changes,or assessments for improvements by any governmental authority. 9. There are no unrecorded deeds, agreements for deed,judgments, liens, mortgages, easements or rights of way for users, or adverse interests with respect to the Property. 10. If this is improved Property that Donor is the owner of,there are no claims, liens or security interests whatsoever of any kind or description against the furniture, fixtures, equipment and personal property located in the improvements on the Property and sold as part of this transaction. All tangible personal property taxes are paid in full. 11. There are no existing contracts for sale affecting the Property. 12. There is no civil action pending which involves the Property in any way. 13. There are no federal tax claims,liens or penalties assessed against the Donor either individually or in any other capacity. 14. No proceedings in bankruptcy have ever been brought by or against Donor,nor has an assignment for the benefit of creditors been made at anytime,nor is there now in effect any assignment of rents of the Property or any part thereof 1 6 G 5 15, The real estate taxes are exempt. 16. INTENTIONALLY LEFT BLANK 17. Donor has no knowledge as to any hazardous substances (as defined by any federal, state or local statute, law, ordinance, code, rule, regulation, order or decree) present on the Property. There has been no production, placement, disposal, storage, release or discharge on or from the Property of any hazardous substances, and there are no buried, partially buried,or above- ground tanks, storage vessels,drums or containers located on the Property. Donor has received no warning notices,notices of violation, administrative complaints,judicial complaints or other formal or informal notices from any governmental agency alleging that conditions on the Property are in violation of environmental laws,regulations,ordinances or rules. 18. In the event this affidavit is executed by more than one person, then the affiants acknowledge and agree that their liability under the terms and provisions of this affidavit shall be joint and several. 19. This Affidavit is executed in duplicate, each of which shall be considered an original, with one original to be delivered to the Donee and one original to be delivered to the title insurer. THIS AFFIDAVIT is made pursuant to Section 627.7842, Florida Statutes, for the purpose of inducing the Donee to accept and the title insurer to insure the fee simple title to the Property. Donor intends for Donee and the title insurer to rely on these representations. r ATTEST: " , `' BOARD OF COUNTY COMMISSIONERS DWJGHT E. BOCK`!- COLLIER CO T LORIDA Yy t BY: as t0 Chairman' Peputy Clerk PENNY TAY ,Chairmani'ant signature only. Approved as to form and legality: gill • Jenni . Belpedio,Ass'46 ounty Attorney Owl-- Re-ctl reckr Se c,4o•n 1.. 5 .1`1 1-r. S S . STATE OF FLORIDA GLe,..K is ct- es4"4io" q1.4.+L1eniicce kS COUNTY OF COLLIER a SWORN TO and subscribed before me this day of ,2017,by Penny Taylor,as Chairman of the Board of County Commissioners,Collier County,Florida,a political subdivis'• of the State of Florida. Such person(s)(Notary Public must check applicable box): [ ]is/are personally known to me. [ ]produced a current driver lice•. • s). [ ]produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed,Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 1 6 G 5 EXHIBIT"A" Government Lot 7, Section 33,Township 51 South, Range 26 East,Collier County, Florida. Rookery Bay Collier County Donation Collier County BSM I BY 5k Date:9.29.2017 Page 1 of 1 16G5 ENVIRONMENTAL AFFIDAVIT Penny Taylor("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Donor(as hereinafter defined)makes these representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA("Donee"),and Affiant further states: 1. That the Affiant is the Chairman of Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida ("Donor") and in such capacity been authorized by the Donor to make this Affidavit on Donor's behalf. • 2. That Donor is the sole owner and is now in possession of the following described property together with improvements located thereon located in Collier County, Florida,to-wit: See Exhibit"A" attached hereto and by this reference made a part hereof(hereinafter the "Property"). 3. That Donor is conveying the Property to BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. 4. For purposes of this Affidavit the term "Environmental Law" shall mean all federal, state and local laws, including statutes,regulations, ordinances,codes,rules,judgments, orders, decrees,permits,concessions)grants, franchises, licenses, agreements and other governmental restrictions relating to the protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage, release or threatened release of any contaminant, chemical waste, irritant, petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive, polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or waste of any kind into the environment, including, without limitation, ambient air, surface water, ground water, or land including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource and Conservation and Recovery Act of 1976, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986, Chapters 161,253, 373, 376 and 403, Florida Statutes, Rules of the U. S. Environmental Protection Agency, Rules of the Florida Department of Environmental Protection, and the rules of the Florida Water management districts now or at any time hereafter in effect. For purposes of this affidavit the term "Hazardous Materials" shall mean any contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive, polychlorinated biphenyls, asbestos, hazardous or toxic substance material or waste of any kind,or any other substance which is regulated by any Environmental Law. 5. As of the date of Donor's conveyance of the Property to BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,Donor represents to Donee,its successors and assigns that: (i) Donor has not placed, or permitted to be placed, any Hazardous Materials on the Property, and, to the best of Donor's knowledge, no other person or entity has placed, or permitted to be placed, any Hazardous Materials on the Property. (ii) To the best of Donor's knowledge, there does not exist on the Property any condition or circumstance which requires or may, in the future, require cleanup, removal or other remedial action or other response under Environmental Laws on the part of Donor or a subsequent owner of all or any portion of the Property or which would subject Donor or a subsequent owner of all or any portion of the Property to liability,penalties,damages or injunctive relief. (iii) To the best of Donor's knowledge, no underground treatment; buried, partially buried or above ground storage tanks) storage vessels, sumps, drums, containers, water, gas or oil wells, or landfills are or have ever been located on the Property. (iv) Donor, and to the best of Donor's knowledge, any other person or entity that has owned, occupied or possessed the Property,has never violated,and is presently in compliance with,all Environmental Laws applicable to the Property. (v) Donor has not received and has no knowledge of any warning notice,notice of violation,administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal, state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law. 16G5 (vi) Donor is not subject to any judgment,decree,order or citation related to or arising out of Environmental Laws, and Donor has not been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law. 6. That Donor makes this Affidavit for the purpose of inducing Donee to accept the Property, and Donor acknowledges that Donee will rely upon the representations set forth in this Affidavit. T'l IIS AFFIDAVIT is made pursuant to Section 627.7842, Florida Statutes,for the purpose of inducing the Donee to close and the title insurer to insure the fee simple title to the Property and to disburse the proceeds of the sale. Donor intends for Donee and the title insurer to rely on these representations. ATTEST: c,-r; , BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER CO NT FLORIDA - , —„. ' .••� ..-.� _'f ...„- j' BY: Attest a • QUO r ,Deputy Clerk PENNY TAY ,Chairma Or ant ++��p t1ttt it•`i'�V2ti"as't�1drm•and legality: e Jennifer AThe pe•io,Assi ounty Attorney p�' ,LtD 1iii 0\ N0-4- re*LA.I red Ter STATE OF FLORIDA 4--;ill/11A5.k-1,- , S . COUNTY OF COLLIER SWORN TO and subscribed before me this day of ,2017,by Penny T. •r,as Chairman of the Board of County Commissioners,Collier County,Florida,a political subdivision of the State of Flo ":. Such person(s)(Notary Public must check applicable box): 1 ,� ,'v�� [ ] is/are personally known to me. Ck✓cS t�i-� [ ]produced a current driver license(s). [ ] produced ... identification. f l,A-4 — a (NOTARY PUBLIC SEAL) Notary Public (Printed,Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 16G5 EXHIBIT"A" Government Lot 7, Section 33,Township 51 South, Range 26 East, Collier County, Florida. Rookery Bay Collier County Donation Collier County BSM BY Date:9.29.2017 Page 1 of 1