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Agenda 01/09/2018 Item #16D 401/09/2018 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign an Amendment to Florida Fish and Wildlife Conservation Commission (FWC) Youth Hunt Agreement No. 17081 to allow a youth hog hunt for Collier County residents at Pepper Ranch Preserve in April 2018. OBJECTIVE: To facilitate an FWC sponsored youth hunt at Pepper Ranch Preserve. CONSIDERATIONS: FWC Youth Hunt Agreement No. 17081, approved by the Board of County Commissioners (Board) on September 26, 2017 (Agenda Item# 16D16), authorized FWC to conduct a volunteer-run youth hog hunt at Pepper Ranch Preserve on December 8-10, 2017. This December 8-10, 2017 youth hog hunt was canceled due to inclement weather. Staff is seeking to reschedule the hunt for April 6-8, 2018. This item is to seek Board approval of Amendment No. 1 to FWC Youth Hunt Agreement 17081 in order to authorize FWC to conduct a volunteer-run youth hog hunt on April 6-8, 2018. Staff is recommending that the Board Chairman sign the Amendment prior to FWC because it is FWC’s policy to sign all documents associated with Youth Hunts after the Landowner has signed. FISCAL IMPACT: There is no Fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: The Agreement was derived from the FWC standard form amendment. This item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: To authorize the Chairman to sign an Amendment to FWC Youth Hunt Agreement No. 17081 to allow a youth hog hunt for Collier County residents at Pepper Ranch Preserve in April 2018. Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. Amendment 1 to FWC Youth Hunt Agreement No. 17081 (PDF) 2. FWC Youth Hunt Agreement No. 17081 (PDF) 16.D.4 Packet Pg. 682 01/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 4387 Item Summary: Recommendation to authorize the Chairman to sign an Amendment to Florida Fish and Wildlife Conservation Commission (FWC) Youth Hunt Agreement No. 17081 to allow a youth hog hunt for Collier County residents at Pepper Ranch Preserve in April 2018. Meeting Date: 01/09/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 12/19/2017 10:25 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 12/19/2017 10:25 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 12/19/2017 4:29 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 12/20/2017 10:46 AM Parks & Recreation Barry Williams Additional Reviewer Completed 12/20/2017 1:11 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 12/20/2017 1:57 PM County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 12/26/2017 2:19 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/27/2017 1:13 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/27/2017 3:04 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/27/2017 4:46 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/28/2017 3:02 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/01/2018 10:25 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM 16.D.4 Packet Pg. 683 16.D.4.a Packet Pg. 684 Attachment: Amendment 1 to FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16.D.4.a Packet Pg. 685 Attachment: Amendment 1 to FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16D16 Fit EU #43, FWC Youth Hunt Agreement No. 17081 2111 OCT { 9 - ,MEMORANDUM OF AGREEMENT BETWEEN BOARD OF'c011NT COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 4 THIS AGREEMENT(AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"COMMISSION," and COLLIER COUNTY, whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter"LANDOWNER." NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: The term of this Agreement shall begin upon execution of this agreement and remain in effect until the last scheduled hunt, listed below, is completed and the COMMISSION no longer has access to the premises as specified in Section 5 of this agreement, entitled ACCESS. However, the COMMISSION is only leasing the Premises on the dates the COMMISSION has access to the Premises, as specified in Section 5 of this agreement. The dates of the scheduled hunt(s) are as follows: Hunt 1: Hog December 8-10, 2017 Hunt 2: Turkey February 23-25, 2018 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 2,500 acres in Collier County, Florida, as more particularly outlined on the attached map which is hereby incorporated (the"Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations for the use by the COMMISSION of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in the attached Youth Hunting Program of Florida Youth Hunt Announcement Form(s) ("Forms")which are hereby incorporated-to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in the attached Forms shall be for the management of wildlife and/or aquatic life as outlined in the attached Forms, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the public. The use of the Premises for a youth hunt(s), except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined in the attached Forms. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in the attached Forms. Page 1 of 5 16.D.4.b Packet Pg. 686 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 FWC Youth Hunt Agreement No. 17081 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises on the days of the scheduled hunt(s) for the purpose of administering youth training programs. The COMMISSION shall also have free and full access to the Premises 9 days before the scheduled hunt(s) to prepare for the hunt(s) and 7 days after the scheduled hunt(s) to clean-up. Hunting on the Premises pursuant to this Agreement shall only take place on scheduled hunting dates, listed above, and as outlined in the attached Forms. The LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide the attached written notice of FS 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post the attached written notice of FS 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to not receive any compensation for the activity outlined in the attached Forms above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. 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 thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. Page 2 of 5 16.D.4.b Packet Pg. 687 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 FWC Youth Hunt Agreement No. 17081 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Roth Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition,or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. 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. 15. 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 agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement 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 perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and 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. 17. 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 third party. 18. JURY TRIAL WAIVER: As consideration of 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. Page 3 of 5 16.D.4.b Packet Pg. 688 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) FWC Youth Hunt Agreement No. 17081 16 D 1 6 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Page 4 of 5 16.D.4.b Packet Pg. 689 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 FWC Youth Hunt Agreement No. 17081 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commissioni 4 9/G144.4 fir Witness iane Roth Eggeman, iritTUr Division of Hunting an Game Management O.S Il LANDOWNER ATTEST: .' ` BOARD OF C• TY COMMISSIONERS OF DWIGHT E. BROCK,CLERK COLLIER C e _ , FLORIDA DC - A i—d A Deputy C1 PennyyTaylor,::: .Inman " AMO as to Chairman s..L-1 A, ov u as to form and legality: ignature 0 ,,. . . r Date: `A\7-0 l—t Jennifer A. Be1p ,• Assistant County Attorney t 1 cO `(g 0 Page 5 of 5 16.D.4.b Packet Pg. 690 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 1601 , 0 F ' FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 2: s Division of Hunting and Game Management—Hunter Safety Section 9 YOUTH HUNT ANNOUNCEMENT FORM fr DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Dec. 8-10, 2017 850-556-0180 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County, 6315 Pepper Rd., Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Melissa Hennig 3300 Santa Barbara Blvd., Naples FL 34112 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Jonathan Roberts 850-488-8984 Wayne Jenkins ome: HuntMaster 239(please 55- 8109eS) 239-580-8094 wayjen2500@gmail.comHome: Cell: Email: Hunt Information Type of Hunt(deer,varmint,turkey,etc.-be specific listing sex[if applicable]and quantities desiring to be harvested.) Hog of youth hunters supplied by landowner of youth hunters supplied by YHPF Total#of youth hunters 0 6 6-Collier County residents preferred Will hunters be camping? Yes No Is there access to fishing that the Landowner authorizes YHPF to use? Yes [J No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help Yes No If yes,please describe: making food arrangements? Yes ] No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or E Yes No If yes,please describe: equipment from YHPF? Yes Q No If yes, lodge please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? Yes 0 No If yes,please describe: authorizes YHPF use? Yes 0 No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c/o Florida Fish and Wildlife Conservation Yes El No If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 850)488-8984(office);(850)413-7989(fax) Email: Jonathan.Roberts@MyFWC.com 16.D.4.b Packet Pg. 691 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 AJ4 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Division of Hunting and Game Management—Hunter Safety Section YOUTH HUNT ANNOUNCEMENT FORM DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Feb. 23-25, 2018 850-556-0180 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County, 6315 Pepper Rd., Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Melissa Hennig 3300 Santa Barbara Blvd., Naples FL 34112 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Jonathan Roberts 850-488-8984 Wayne Jenkins HuntMaster Phone lease include area codes) Home: 239-455-8109 Cell: 239-580-8094 Email: wayjen2500@gmail.com Hunt Information Type of Hunt(deer,varmint,turkey,etc.-be specific listing sex[if applicable]and quantities desiring to be harvested.) Turkey-south of State Road 70 *only youth 15 yrs old and younger are allowed to harvest a turkey. of youth hunters supplied by landowner of youth hunters supplied by YHPF Total#of youth hunters 0 5 5-Collier County residents preferred Will hunters be camping? W Yes No Is there access to fishing that the Landowner authorizes YHPF to use? Yes (J No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help E Yes No If yes,please describe: making food arrangements? Yes E No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or EI Yes No If yes,please describe: equipment from YHPF? Yes 0 No If yes, lodge please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? El Yes [J No If yes,please describe: authorizes YHPF use? Yes • No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c/o Florida Fish and Wildlife Conservation Yes Q No If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 850)488-8984(office); (850)413-7989(fax) Email:Jonathan.Roberts@MyFWC.com 16.D.4.b Packet Pg. 692 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 Pepper Ranch Preserve Legal Description Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half (EI/2) of the East Half (E1/4) of the Southwest Quarter (S,W'%) of the Southeast Quarter (SEA) of Section 22. Township 46 South. Range 28 East, Collier County, Florida. being more particularly described as follows: Commence at the Southeast corner of Section 22. Township 46 South. Range 28 East. Collier County, Florida; thence run S 88°57'47" W, along the south line of the Southeast Quarter (SEA) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described: thence continue S 88''57'47" W. along the south line of the Southeast Quarter (SEA) of said Section 22, for a distance of 330.09 feet: thence run N 00°31'18" W for a distance of 1342.51 feet; thence run N 88°58'31° E for a distance of 330.12 feet: thence run S 00°31'14" E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres, more or less. AND Property Tax Identification Number: 00052440003 A parcel of land lying in the Southeast Quarter (SE%) of the Southwest Quarter (SW/) and the West Half (Wiz) of the Southwest Quarter (SW%) of the Southeast Quarter SE'/)of Section 22, Township 46 South. Range 28 East, Collier County. Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida: thence run S 88`57'47" W, along the south line of the Southeast Quarter (SEA) of said Section 22 for a distance of 1980 56 to the Point of Beginning of the parcel of land herein described: thence continue S 8857'47" W, along the south line of the Southeast Quarter (SEA) of said Section 22, for a distance of 660.19 feet to the South Quarter corner of said Section 22: thence run S 88'57'47'° W along the south line of the southwest quarter of said Section 22 for a distance of 1321.80 feet: thence run N 00°38'44" W for a distance of 1342.51 feet: thence run N 88°59'17" E, for a distance of 1324.63 feet. thence run N 88°59'31" E. for a distance of 660.24 feet: thence run S 00°31'22" E for a distance of 1342.58 feet to the Point of Beginning: containing 61.13 acres, more or less. 16.D.4.b Packet Pg. 693 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 AND Property Tax Identification Number: 00052680009 The Southeast Quarter (SE's) of the Southwest Quarter (SW'%) of Section 26, Township 46 South, Range 28 East, Collier County. Florida: containing 40.38 acres more or less. AND Property Tax Identification Number: 000530100002 AU of Section 28. Township 46 South, Range 28 East, Collier County. Florida; containing 645.47 acres more or less. AND Property Tax Identification Number: 00053920001 The Northwest Quarter (NWY4) of the Northeast Quarter (NEY) of the Northwest Quarter (NW%) of Section 35, Township 46 South, Range 28 East. Collier County, Florida; containing 10.09 acres more or less. AND Property Tax Identification Number: 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: The West Half (WI/2) of Section 26. Township 46 South, Range 28 East, Collier County, Florida. less the North 1452.35 feet thereof and less the Southeast Quarter(SE'%4)of the Southwest Quarter(SW 4)of said Section 26. and less that parcel of land, as described and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 00052640007: containing 185.91 acres. more or less. AND Property Tax Identification Number: 00052960004 All of Section 27. Township 46 South, Range 28 East, Collier County, Florida; containing 643.59 acres more or less. 16.D.4.b Packet Pg. 694 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 AND Property Tax Identification Number: 00053200006 All of Section 33, Township 46 South, Range 28 East, Collier County, Florida:: containing 706.33 acres more or less. AND Property Tax Identification Numbers: 00053840000 &00054040003 The East Half (E/2) of the East Half (E1/2) of the Northwest Quarter (NW'/); and the Northeast Quarter(NE'/.), less the East 30 feet and the Northerly 30 feet for public road right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35, Township 46 South. Range 28 East. Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE%) described in Deed recorded in Official Records Book 1834, Page 216; also less the real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4: and in Official Records Book 280, Page 480: and in Official Records Book 282. Page 283; and in Official Records Book 289, Page 910: all of the Public Records of Collier County. Florida; AND The Southwest Quarter (SW%) of the Northwest Quarter (NW%): and the West Half W'/2) of the Southeast Quarter (SE'%) of the Northwest Quarter (NW',); and the Southwest Quarter (SW%) of the Northeast Quarter (NE'!) of the Northwest Quarter NW1/4): and the South Half (S"/z) of the Northwest Quarter (NW%%) of the Northwest Quarter (NW%); and the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of the Northwest Quarter(NW'1): and the West Half(W/) of the Northeast Quarter(NE%) of the Northwest Quarter (NW%) of the Northwest Quarter (NW1/4) of Section 35, Township 46 South, Range 28 East, Collier County. Florida; containing 208.83 acres. more or less. The aforementioned parcels equates to 2,511.90 acres, more or less. 16.D.4.b Packet Pg. 695 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 jg pw1toG o Ite Ki o 1 T 0cn2g VI t m s as a W 4 .; V D t? A G 16 3 w r n 0 3 D 73xro sa CD 7F 3 X a) 0 s o Tot R7 tD i ri -10 10 OD CV 40.- 7 , lic - .:,.,,,,, if..- , 1 I: 4st i 1 ., A s qq.. e ` pe.y, k 16.D.4.b Packet Pg. 696 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 Exhibit C — To be supplied to each participant by COMMISSION and posted in a conspicuous place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION sponsored Youth Hunting Program of Florida youth hunt.) OTICE READ THIS NOTICE COMPLETELY AND CAREFULLY. BY PARTICIPATING IN THIS ACTIVITY ON THIS PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO RECOVER FROM THE LANDOWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOU AND/OR YOUR CHILD AND/OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF PARTICIPATING IN THIS ACTIVITY. FOR MORE INFORMATION READ THE FOLLOWING . Florida Statute 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.— 1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas. 2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area. (Continued on Next Page) 16.D.4.b Packet Pg. 697 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081) 16016 b) Notwithstanding the inclusion of the term `public" in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area. c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. 3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state's use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement. b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers. c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012. 4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person. 5) As used in this section, the term: a) "Area" includes land, water, and park areas. b) "Outdoor recreational purposes" includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites. History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203. 16.D.4.b Packet Pg. 698 Attachment: FWC Youth Hunt Agreement No. 17081 (4387 : Amendment to FWC Youth Hunt Agreement No. 17081)