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CCLAAC Agenda 01/08/2018 CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE January 8, 2018, 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building “F”), Third Floor AGENDA I. Roll Call II. Approval of Agenda III. Approval of December 20, 2017 Meeting Minutes IV. Old Business: A. Offsite preservation LDC amendment status V. New Business A. ICSR Report – Hack Living Trust B. ICSR Report – Barron Collier Partnership LLLP – Sanitation/Bethune C. Bueno-Costa – Winchester Head – Contract D. Applications for Conservation Collier Land Acquisition Advisory Committee – Sherry and Bromley E. Winchester Head Interim Management Plan – 2 year Update VI. Coordinator Communications A. BCC Items B. Misc Items VII. Subcommittee Reports A. Lands Evaluation & Management– Chair-Tracey Dewrell; Members- Bill Poteet, Patricia Sherry, Michael Seef B. Outreach- Chair-Michael Seef, Jacob Winge, John Psaras, Susan Calkins, Patricia Sherry D. Ordinance Policy and Rules- Chair- Patricia Sherry; Members-Jacob Winge, John Psaras, VIII. Chair Committee Member Comments IX. Public General Comments X. Staff Comments XI. Next Meeting / Adjourn ****************************************************************************************************** Committee Members: Please notify Alexandra Sulecki at 252-2961 no later than 5:00 p.m. on January5, 2018 if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item . Characteristic Value Comments Name Hack Living Trust A local developer holds an Options Contract Folio Numbers 00388160002 00033484002 17.85 acres 10.61 acres Target Protection Area Urban Commission District 4 Commissioner -Penny Taylor Size none n/a STR S11 T50 R25 and S14 T50 R25 Adjacent to the City of Naples but within Unincorporated Collier County. Zoning Category/TDRs RMF-6 -ST RMF-6=Residential Multi-family up to 6 units per acre –6 units remain under Sandpiper development. ST -Special Treatment Overlay exists over both parcels FEMA Flood Map Category AE Area subject to inundation by the 1-percent-annual- chance-flood event. Base flood elevations, mandatory flood insurance and floodplain management standards apply. Existing structures n/a No structures Adjoining properties and their Uses Single and multi-family residential, PUD, open space/conservation North-Multi-family (Sandpiper Bay and Royal Arms) East-Mobile Home (Naples land Yacht Harbor and other residential South-PUD-open space/conservation (Windstar) West-Single family residential (Royal Harbor, City of Naples) Development Plans Submitted Developer with option seeks to place 6 additional units on the property Based on property density, 6 more units might be possible for construction on this property IF the ST Overlay were removed. A site assessment was done on the property in August 2015 by a local environmental consulting firm, which concluded that this property would be difficult and expensive to permit and develop because of its mangrove wetlands. Known Property Irregularities Oil, Gas and Mineral rights (OGMs) OGMs not included Other County Dept Interest Transportation, Utilities, Solid Waste, Parks and Recreation, Environmental Services, Housing, Coastal systems, Zoning, Engineering No other County Division has expressed interest in these parcels. 1953 1962 1980 (2)Lands offe ring the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. YES (4)Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. YES Bald Eagle (Haliaeetus leucocephalus) (Bald and Golden Eagle Protection Act) American oystercatcher (Haematopus palliates) (BCC) Black-whiskered vireo (Vireo altiloquus) (BCC) Magnificent frigatebird (Fregata magnificens)(BCC) Mangrove cuckoo (Coccyzus minor) (BCC) Swallow-tailed kite (Elanoides forficatus) (BCC) (5)Land which enhances and/or protects the environmental value of current conservation lands through function as a buffe r,ecological link, or habitat corridor. YES Management Element Initial Cost Annual Recurring Costs Comments Exotics Control $6,000 $4,200 Based on Shell Island Preserve costs Parking Facility $25,000 $100 Ongoing annual cost based on cost to pressure wash one concrete parking spot and repaint wheel stops as necessary. Access Trails/ ADA n/a n/a Tr ails are not possible. Fencing n/a n/a Fencing is not necessary Boardwalk $510,000 -$900,000 Based on boardwalk costs for Gordon River Greenway Development costs for parking and boardwalk $168,000 t.b.d.Includes Site Improvement Plan (SIP) consultant, required sidewalk, DEP permitting, SFWMD review fee, and Collier County review fee. Not included and currently unknown are mitigation costs, which are based on a UMAM evaluation. Tr ash removal $0 $0 There is not much trash and staff could handle initial and ongoing trash removal. Signs $2,000 t.b.d.Large sign at parking area To tal $711,000 -$1,101,000 $4,300 Additional ongoing costs for maintenance of the boardwalk would be incurred but no estimates are currently available. From Ord 20 07-63, Section 10.2 –“…comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management (to prefer most manageable parcels).” Conservation Collier Initial Criteria Screening Report Property Name: Barron Collier Partnership, LLLP Folio Number(s): 00132960005 and 00133240009 Staff Report Date: January 8, 2018 Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 2 of 51 Table of Contents Introduction ......................................................................................................................... 3 I. Summary of Property Information ................................................................................. 4 Table 1. Summary of Property Information ................................................................... 4 Figure 1. Location Map.................................................................................................. 5 Figure 2. Aerial Map ...................................................................................................... 6 Figure 3. Surrounding Lands Aerial .............................................................................. 7 Summary of Assessed Value and Property Costs Estimates .......................................... 8 II. Statement for satisfying Initial Screening Criteria, Including Biological and Hydrological Characteristics ............................................................................................... 9 Figure 4. Collier County Watershed Boundaries .......................................................... 12 III. Potential for Appropriate Use and Recommended Site Improvements ...................... 17 IV. Assessment of Management Needs and Costs........................................................... 18 Table 2. Summary of Estimated Management Needs and Costs ................................. 20 V. Potential for Matching Funds ...................................................................................... 21 VI. Summary of Secondary Screening Criteria ............................................................... 22 Table 3. Tabulation of Secondary Screening Criteria .................................................. 22 Figure 5. Secondary Screening Criteria Scoring.......................................................... 22 Exhibit A. FLUCCs Map ............................................................................................. 24 Exhibit B. Soils Map .................................................................................................... 25 Exhibit C. Wellfield Protection and Aquifer Recharge Maps ..................................... 26 Exhibit D. Zoning Map ................................................................................................. 27 Exhibit E. Historical Aerial - 1940 ............................................................................... 28 Exhibit F. FEMA map................................................................................................... 29 Exhibit G. LIDAR Map ................................................................................................ 30 Exhibit H. Surface Water Priorities CLIP4 Map .......................................................... 31 Exhibit I. Landscape Integrity CLIP4 Map ................................................................. 32 Exhibit J. Priority Natural Communities CLIP4 Map .................................................. 33 Exhibit K. Biodiversity CLIP4 Map ............................................................................. 34 Exhibit L. Potential Habitat Richness CLIP4 Map ....................................................... 35 Exhibit M: Strategic Habitat Conservation Areas CLIP4 Map .................................... 36 Exhibit N. Aggregated Conservation Priorities CLIP4 Map ...................................... 37 Exhibit O. USFWS Wood Stork Foraging Area, Florida bonneted bat consultation and focal areas and snail kite consultation area ................................................................... 38 Exhibit P. Completed and Scored Secondary Criteria Screening Form ...................... 39 Exhibit Q. Photographs ................................................................................................ 42 Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 3 of 51 Introduction The Conservation Collier Program (Program) is an environmentally sensitive land acquisition and management program approved by the Collier County Board of County Commissioners (Board) in 2002 and by Collier County voters in 2002 and 2006. The Program was active in acquisition between 2003 and 2011, under the terms of the referendum. Between 2011 and 2016, the Program was in management mode. In 2017, the Collier County Board reauthorized Conservation Collier to seek additional lands (2/14/17, Agenda Item 11B). This Initial Criteria Screening Report (ICSR) has been prepared for the Conservation Collier Program in its 9th acquisition cycle to meet requirements specified in the Conservation Collier Implementation Ordinance, 2002-63, as amended, and for purposes of the Conservation Collier Program. It provides objective data to demonstrate how properties meet the criteria defined by the ordinance. That is the sole purpose for this report and it is not meant for any other use. This report makes use of data layers from the Florida Natural Areas Inventory and University of Florida Critical Lands and Waters Identification Project (CLIP4). CLIP4 is a collection of spatial data that identify statewide priorities for a broad range of natural resources in Florida. It was developed through a collaborative effort between the Florida Areas Natural Inventory (FNAI), the University of Florida GeoPlan Center and Center for Landscape Conservation Planning, and the Florida Fish and Wildlife Conservation Commission (FWC). It is used in the Florida Forever Program to evaluate properties for acquisition. CLIP4 is organized into a set of core natural resource data layers which are representative of 5 resource categories: biodiversity, landscapes, surface water, groundwater and marine. The first 3 categories have also been combined into the Aggregated layer, which identifies 5 priority levels for natural resource conservation. Not all CLIP4 Layers were used in this report. Those used include: • Biodiversity • Surface Water Priorities • Landscape Integrity • Priority Natural Communities • Potential Habitat Richness (Vertebrates) • Strategic Habitat Conservation Areas • Aggregated Conservation Priorities Following the first section, which looks more closely at initial criteria, additional sections address potential for appropriate public use, assessment of management needs and costs, potential for matching funds, and a summary of the secondary screening criteria. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 4 of 51 I. Summary of Property Information The purpose of this section is to provide information concerning the subject property to describe how the property meets each Program criteria in its various physical characteristics and to provide other general property information. Table 1. Summary of Property Information Characteristic Value Comments Name Barron Collier Partnership, LLLP 2 adjoining properties Commission District 5 Commissioner – William L. McDaniel, Jr. Folio Numbers 00132960005 – parcel a 00133240009 – parcel b n/a Target Protection Area Urban Both properties are within the Immokalee urban boundary. Size Parcel a – 289.57 ac Parcel b – 111.08 ac Total offered as a package - 400.65 ac STR S9 T47 R29 Both properties are within the same Section, Township and Range Zoning Category/TDRs Parcel a – A-MHO-RLSAO Parcel b – Estates Parcel a -Agriculture-Mobile Home Overlay. Parcel b - Estates in this case means low density residential/limited agricultural activities FEMA Flood Map Category AE, AH, and X AE – Area subject to inundation by 1-percent-annual- chance flood event. Base flood elevations, mandatory flood ins and floodplain management standards apply. AH – Subject to inundation of by 1-percent-annual-chance flood event where avg. depths are 1-3 feet. Base flood elevation, flood insurance and floodplain management standards apply. X – Outside 500-year floodplain. Flood ins. not required. Existing structures n/a No structures Adjoining properties and their Uses Residential, single family, Multi-family, and PUD, utility On the north side are various types of residential properties - Estates, to Village Residential and Multi family, east are lands owned by the Seminole Tribe of Florida, south are agricultural lands, west are lands owned by the Immokalee Water and Sewer Utility (wells and spray fields), and in between parcels a and b are PUD and single family residential properties. Development Plans Submitted None known n/a Known Property Irregularities, Leases Oil, Gas and Mineral rights (OGMs) Leases OGMs not included Contains old Eustis Avenue Landfill –16 acres Partial cabbage palm harvest – 2016 Grazing lease through 12/31/18 (term. With 30-day notice) Recreation lease (term. 12/31/17) Other County Dept Interest Transportation, Utilities, Solid Waste, Parks and Recreation, Environmental Services, Housing, Coastal systems, Zoning, Engineering No other Division responded with interest. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 5 of 51 Figure 1. Location Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 6 of 51 Figure 2. Aerial Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 7 of 51 Figure 3. Surrounding Lands Aerial Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 8 of 51 Summary of Assessed Value and Property Costs Estimates The interest being valued for this estimate is fee simple for the purchase of the site, and the value of this interest is subject to the normal limiting conditions and the quality of market data. A value of the parcel was estimated using three traditional approaches, cost, income capitalization and sales comparison. Each is based on the principal of substitution that an informed purchaser would pay no more for the rights in acquiring a particular real property than the cost of acquiring, without undue delay, an equally desirable one. Three properties from within 3 miles of this property were selected for comparison, each with similar site characteristics, utility availability, zoning classification and road access. No inspection was made of the property or comparables used in the report and the Real Estate Services Department staff relied upon information provided by program staff. Conclusions are limited only by the reported assumptions and conditions that no other known or unknown adverse conditions exist. Pursuant to the Conservation Collier Purchase Policy, two appraisals are required. Assessed Value: * Parcel a. – $689,475 Parcel b. - $833,100 Estimated Market Value: ** Parcel a. - $737,100 Parcel b. - $380,000 “ESTIMATED MARKET VALUE” IS SOLELY AN ESTIMATE OF VALUE PROVIDED BY COLLIER COUNTY REAL ESTATE SERVICES DEPARTMENT STAFF AND SHOULD NOT BE RELIED UPON BY ANY ENTITY. Zoning, Growth Management and Conservation Overlays Zoning, growth management and conservation overlays will affect the value of a parcel. Parcel a. is zoned Agricultural with a Mobile Home Overlay and is within the Rural Lands Stewardship Area Overlay. Parcel b. is zoned Estates. The upland portions of the parcels are vulnerable to development. Parcel a. is currently zoned Agricultural, with 1 unit per 5 acres, but parcel b. is currently zoned Estates, and could be developed at 1 unit per 2.25 acres. There is a ST Overlay for well field protection, but that is not a negative for residential development. Additionally, on the Immokalee Future Land Use Map (Exhibit D), parcel a. is shown as “Low Residential Subdistrict,” and parcel b. is shown as “Neighborhood Center Subdistrict,” indicting that uses could intensify in the future. A portion of both are within Special Treatment/Wellfield Protection 1-year, 2-year, 5- year and 20-year protection zones for the Immokalee wellfield. * Property Appraiser’s Website ** Collier County Real Estate Services Department – date of value estimate – October/November 2017. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 9 of 51 II. Statement for satisfying Initial Screening Criteria, Including Biological and Hydrological Characteristics The purpose of this section is to provide a closer look at how the property meets initial criteria. Conservation Collier Program staff conducted a site visit on October 30, 2017 and December 18, 2017. MEETS INITIAL SCREENING CRITERIA- 1. Are any of the following unique and endangered plant communities found on the property? Order of preference as follows: Ord. 2002-63, Sec. 10 (1)(a) YES i. Hardwood hammocks No ii. Xeric oak scrub No iii. Coastal strand No iv. Native beach No v. Xeric pine No vi. Riverine Oak No vii. High marsh (saline) No viii. Tidal freshwater marsh No ix. Other native habitats YES FLUCCS Communities mapped include: 4110 Pine flatwoods, 6170 Mixed wetland hardwoods, 6172 Mixed wetland hardwoods-shrubs, 6210 Cypress, 6216 Cypress-mixed hardwoods, 6300 Mixed wetland forest, and 6410 Freshwater marsh Vegetative Communities: Staff used two methods to determine native plant communities present; review of South Florida Water Management District (SFWMD) electronic databases for Department of Transportation’s Florida Land Use, Cover and Forms (FLUCCS) (1994/1995) and field verification of same. FLUCCS: The electronic database identified in order of dominance: FLUCCS Acres 4110 – Pine flatwoods 127 6170 – Mixed wetland hardwoods 68 6210 – Cypress 25 6172 – Mixed wetland hardwoods-shrubs 23 6410 – Freshwater marsh 9 6216 – Cypress-mixed hardwoods 5 6300 – Mixed wetland forest 1 Also identified were 16 acres of Landfill identified as 3100 – Dry prairie and 5 acres of 4224 - Brazilian pepper. The following native plant communities were observed: FLUCCS 4110 - Pine Flatwoods 6170 - Mixed wetland hardwoods 6410 – Freshwater marsh 6210 – Cypress 6172 - Mixed wetland hardwoods-shrubs Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 10 of 51 There was no real hard demarcation between habitats. They blended into one another with most areas indicative of an ecotone between wetland and upland habitats. Pine flatwoods appeared to be transitioning into hardwood areas, likely due to lack of fire. Characterization of Plant Communities present: Ground Cover: Pine flatwood: Groundcover consisted primarily of swamp fern (Blechnum serrulatum), woodwardia fern (Woodwardia virginica), sword fern (Nephrolepis sp.), bracken fern (Pteridium acquilinum), sleepy morning (Waltheria indica), chocolate weed (Melochia cordifolia), beauty berry (Callicarpa americana), Virginia creeper (Parthenocissus quinquefolia), poison ivy (Toxicodendron radicans), wild coffee (Psychotiria nervosa and P. sulznerii), coral bean (Erythrina herbecea), persimmon (Diospyros virginiana), False buttonweed (Spermacoce remota), southern dewberry (Rubus trivialis), frostweed (Verbesena virginica), Spanish bayonet (Yucca aloifolia) with scattered toothpetal (Habernaria odontopetala) and monk orchids (Oeceoclades maculata), with various grasses and forbs. Exotic plants constituted approximately 35% - 45%, with edges being the worst areas. Exotic plants observed included Brazilian pepper, air potato, guava, bishopwood, rosary pea, woman’s tongue, Caesar’s weed, java plum, and climbing cassia. Mixed wetland hardwood: Groundcover consisted mainly of swamp fern, but also contained scattered strap fern (Campyloneurum phyllitidus), leather fern (Acrostichun danaeifolium) morning glory (ipomea sp.), dayflower (Commelina difusa), pimpernel (Samolus ebractus), swamp dogwood (Cornus foemina), false pimpernel (Lindernia spp.), bay (Persea sp), coral bean (Erythrina herbecea), royal palm (Roystonea regia), shield fern (Thelypteris dentata), hempvine (Mikania cordifolia), and ragweed (Ambrosia sp.). Exotic plants observed in these areas constituted approximately 35-40% and included Brazilian pepper, wedelia, shoebutton ardisia, Java plum, guava, strawberry guava, bishopwood, Ceasar’s weed, climbing cassia, rosary pea, melaleuca, and one area of climbing fern. Cypress: Very little groundcover existed in cypress areas, except strap fern, leather fern and false nettle (Boehmeria cylindrica). Freshwater wetlands: Groundcover included swamp fern, duck potato (Sagittaria lancifolia), alligator flag (Thalia geniculate), Virginia buttonweed (Diodia virginiana), pickerelweed (Pontederia cordata), maidencane (Panicum hemitomum), false nettle, climbing aster (Aster carolinianus), yellow-eyed grass (Xyris sp.), bladderwort (Utricularia sp.), fringe rush (Fimbristylis spp.), soft rush (Juncus sp.), willow (Salix sp.), and scattered cattails (Typha latifolia). Exotic plants observed constituted approximately 60% in some areas and much less in others and included torpedo grass, Brazilian pepper and melaleuca. Midstory: Pine flatwood: The midstory in the drier areas generally included myrsine (Myrsine floridana), cabbage palm (Sabal palmetto), wax myrtle (Myrica cerifera), buckthorn (Sideroxylon sp.), and coral bean. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 11 of 51 Mixed wetland hardwood: The midstory here generally included cabbage palm and myrsine, with small amounts of persimmon, coral bean, bay, and dogwood scattered throughout. A few royal palms (Roystonea sp.) were also seen. Vines were an important part of the midstory, including fox grape (Vitis rotundifolia), Caloosa grape (Vitis shuttleworthii), and greenbriar (Smilax spp.). Cypress: Cypress areas had little to no midstory but included some cabbage palm. Freshwater wetlands: The midstory here were sparse and generally included young red maple (Acer rubrum), willow (Salix sp.) and cabbage palms. Canopy: Pine flatwood: Canopy trees included slash pine (Pinus elliottii), cabbage palm, laurel oak (Quercus laurifoia), live oak (Quercus virginiana), red maple (Acer rubrum) and cypress. Mixed wetland hardwood: Canopy trees here included cabbage palm, laurel oak, red maple, popash (Fraxinus caroliniana) and cypress (Taxodium distichum). Cypress: Cypress Freshwater wetlands: These areas had little canopy, but there were scattered cypress and popash. Statement for satisfaction of criteria 1: These data indicate that there are at least 5 relatively intact native habitats present where plants typical to the habitat exist, though exotic plant species are numerous and varied. Those areas given a FLUCCS of pine flatwoods had a canopy of pines, and many pine flatwood species were present; however, hardwoods (mostly laurel and live oaks) were creeping in, likely due to lack of fire. There was some evidence of fire, but it was very old. There were several types of hardwood -type habitats denoted in FLUCCS codes, but they appeared of similar character throughout, with cabbage palms and laurel oaks as the dominant tree species, with scattered red maples and cypress, until transitioning into deeper wetlands where cypress dominated. The owner advises there is an area of tropical hardwood hammock, a priority habitat, but staff was not able to access that area and will go back when it is drier and more accessible to confirm this. 2. Does land offer significant human social values, such as equitable geographic distribution, appropriate access for nature-based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) YES Statement for satisfaction of criteria 2: The parcels are within the urban boundary for the town of Immokalee, slightly over 4 miles from Pepper Ranch Preserve, t he closest Conservation Collier property (Figure 3). They are accessible from various points along paved roads, including Bethune Rd., South 5th St., and Immokalee Road (South 1st St./CR 846), and from the unpaved Sanitation Road. The Bethune road parcel (parcel b.) can be seen from a major public thoroughfare – Immokalee Road. There are pine flatwoods along Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 12 of 51 Immokalee Road, so potentially, a small parking lot could be created here with trails accessing the rest of the parcels south of the slough, at least in dry season. To traverse the slough, a boardwalk would be necessary. The slough itself is an aesthetic feature in addition to being an important wetland feature. The historic Eustis landfill on the property was closed in 1992, with 20 years of monitoring completed in 2012. The landfill belonged to the County even though the land belonged to private owners, so liability would remain with the County if acquired. Groundwater samples obtained from Immokalee Water and Sewer failed to provide indications of contamination because they were downgradient and therefore in the wrong location. Samples taken from the middle of the landfill in 2012 showed that the site met permit requirements. 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. 2002-63, Sec. 10 (1)(c) YES Figure 4. Collier County Watershed Boundaries Wetland dependent plant species (OBL/ FACW) observed: OBL FACW Cypress (Taxodium distichum) Bay (Persea sp.) Fringe rush (Fimbristylis sp.) Swamp fern (Blechnum serrulatum) Pickerelweed (Pontederia cordata) Day flower (Commelina diffusa) Duck potato (Sagittaria lancifolia) Button weed (Diodia virginica) Alligator flag (Thalia geniculata) Toothpetal orchid (Habernaria odontopetala) Yellow-eyed grass (Xyris sp.) False pimpernel (Lindernia grandiflora) Maiden-cane (Panicum hemitomon) Laurel oak (Quercus laurifolia) Water pimpernel (Samolus ebractus) Royal palm (Roystonia sp.) Rush (Juncus sp.) Shield fern (Thelypteris dentata) False nettle (Boehmeria cylindrica) Chain fern (Woodwardia virginica) Popash (Fraxinus caroliniana) Hempvine (Mikania cordifolia) Swamp dogwood (Cornus foemina) Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 13 of 51 Wetland dependent wildlife species observed: A great blue heron (Ardea herodias), three (3) white ibis (Eudocimus albus) and a snowy egret (Egretta thula) were observed. An apple snail shell and an active crawfish burrow were found. Other Hydrologic indicators observed: Cypress knees, adventitious rooting on palms, watermarks on trees, and dark organic-rich soils were observed. Soils: Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990) and provided in order of dominance (Exhibit B). Fifty-six (56) % of soils are Upland types and 44% are depressional types. Soil Number and Name Acres Soil Type 37 Tuscawilla FS 131 Upland 25 Boca, Rivera, limestone sub and Copeland FS 109 Depressional 22 Chobee, Winder, and Gator 61 Depressional 29 Wabasso FS 43 Upland 20 Ft. Drum and Malabar high FS 27 Upland 38 Urban land-Matlacha-Boca complex 15 Upland 17 Basinger FS <1 Upland 7 Immokalee FS <1 Upland 34 Urban -Immokalee-Oldsmar, limestone sub, complex <1 Upland 400 ac* *Acres are approximate Aquifer recharge Potential: Aquifer recharge map data was developed by Fairbank, P. and S. Hohner in 1995 and published as Mapping recharge (infiltration and leakage) throughout the South Florida Water Management District, Technical publication 95-20 (DRE # 327), South Florida Water Management District, West Palm Beach, Florida. Lower Tamiami recharge Capacity: Recharge capacity is mapped at 0” to <7” annually. This indicates an area of low recharge and potential discharge of aquifer waters (Exhibit C). Surficial Aquifer Recharge Capacity: The surficial aquifer capacity is mapped as 31” to <43”, which is a moderate recharge rate (Exhibit C). Wellfield Protection: The northern two-thirds of the parcel a. are within all 4 wellfield protection zones, and the northern half of parcel b. also has portions of all 4 wellfield protection zones, but it primarily is within the 20-year protection zone (Exhibit C). FEMA Flood map designation: The property is currently within Flood Zones AE, AH, and X. The slough and its adjacent wetland buffers (slightly over half of the property) are within AE Zone, which indicates an area subject to inundation by the 1-percent-annual- chance flood event. Base flood elevations, mandatory flood insurance and floodplain management standards apply. Under half is within AH Zone, which indicates it is subject to inundation of by the 1-percent-annual-chance flood event where average depths are 1-3 Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 14 of 51 feet, and where base flood elevations, flood insurance and floodplain management standards also apply. A 16-acre portion of the property, the landfill, is in Flood Zone X, which is outside the 500-year floodplain and where flood insurance is not required (Exhibit E). Statement for satisfaction of criteria 3: The properties are approximately half wetland and half upland, in a mosaic pattern with the slough and its associated wetlands covering the northern half of the properties. This slough flows from southeast to northwest and is bounded by forested uplands that buffer its water and wildlife from adjoining urban lands. The parcels are located within the core foraging areas of at least 4 wood stork colonies; it is within primary panther habitat; and it lies within the US Fish and Wildlife Service’s consultation area for the Florida bonneted bat, all state and federally listed species that depend at least partly on wetlands. Wetland dependent plants and wildlife were observed on the properties during two site visits. The slough is one of the primary overland sources of water to lake Trafford, and it accepts significant water flows that spill out onto adjoining forested lands as evidenced by water marks on cypress and other trees at above 2 feet. Cypress knees reaching 2 feet were observed. Half the soils are depressional (Exhibit B), corresponding with the slough area in the north and isolated freshwater wetlands dotting the southern half. Surficial aquifer recharge (31” to <43”) is moderate, and Lower Tamiami recharge (0 to <7”) is minor (Exhibit C), however, the properties lie within all four wellfield protection zones for the Immokalee Water and Sewer wells and are protecting and serving to recharge them. All areas connected with the slough are within FEMA flood zone AE – an area prone to flooding. Residential areas surround the easternmost parcel (parcel b.) and the property is likely providing some level of flood control for those areas. The CLIP4 Surface Water Priorities map layer (Exhibit F) shows this area to be priority 4 out of 5, so statewide, the connection to Lake Trafford is not seen as a priority, but locally, this is an important waterway that feeds Lake Trafford. 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) YES Listed Plant Species: The federal authority to protect land-based plant species is administered by the U.S. Fish and Wildlife Service (FWS) and published in 50 Code of Federal Regulations (CFR) 23. Lists of protected plants can be viewed on-line at https://www.fws.gov/endangered/. The Florida state lists of protected plants are administered and maintained by the Florida Department of Agriculture and Consumer Services (DOACS) via chapter 5B-40, Florida Administrative Code (F.A.C.). This list of plants can be viewed from a link provided at http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and- Services/Bureau-of-Entomology-Nematology-Plant-Pathology/Botany/Florida-s- Endangered-Plants. The following listed plant species were observed: COMMON NAME SCIENTIFIC NAME STATUS DOACS USFWS Common wild pine Tillandsia fasciculata E Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 15 of 51 Northern needleleaf Tillandsia balbisiana T Florida royal palm Roystonea regia E E=Endangered, T=Threatened Listed Wildlife Species: Federal wildlife species protection is administered by the FWS with specific authority published in 50 CFR 17. Lists of protected wildlife can be viewed on-line at: https://www.fws.gov/endangered/. FWC maintains the Florida state list of protected wildlife in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, respectively, of the Florida Administrative Code (F.A.C.). A list of protected Florida wildlife species can be viewed at: http://myfwc.com/wildlifehabitats/imperiled/profiles/. Listed species observed include: COMMON NAME SCIENTIFIC NAME STATUS FWC USFWS Osprey Pandion halialetus SSC SSC=Species of Special Concern Bird Rookery observed? No bird rookery was observed or is known. GIS mapped species and habitats: Utilizing both FWC telemetry (1981-2016) maps for Florida panthers, the CLIP4 Biodiversity (Exhibit I), and Potential Habitat Richness (Exhibit J) GIS mapping layers, data shows that there are no panther telemetry points located on the property, and the two closest are from 2001 and 2012; however, it is likely that panthers do pass through the property. The most recent point was in 2016 about 2 miles northeast of the properties. The CLIP4 biodiversity map has both properties categorized as Priority 1 (highest). The CLIP4 Potential Habitat Richness maps the bulk of the property as having potential for 5-6 vertebrate species, with the slough area having potential for 7 vertebrate species. The southern portions of both properties have areas with potential for 2-4 vertebrate species. Non-listed species observed: A red-shouldered hawk (Buteo lineatus), 2 red-bellied woodpeckers (Melanerpes carolinus), a downy woodpecker ( Picoides pubescens), 2 white ibis (Eudocimus albus), a snowy egret (Egretta thula), and a blue gray gnatcatcher (Polioptila caerulea) were observed during the December 18, 2017 site visit. Some Potential State and Federal Listed Species: COMMON NAME SCIENTIFIC NAME STATUS FWC USFWS American alligator Alligator Mississippiensis FT (S/A) T (S/A) Everglades snail kite Rostrhamus sociabilis plumbeus FE E Little blue heron Egretta caerulea ST American kestrel Falco sparverius paulus ST Florida bonneted bat Eumops floridanus FE E Wood stork Everglades mink Mycteria Americana Neovison vison evergladensis FT ST T Florida panther Puma concolor coryi FE E Eastern indigo snake Drymarchoncorais couperi FT T Everglades snail kite Rostrhamus sociabilis plumbeus FE E Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 16 of 51 Statement for satisfaction of criteria 4: Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? This property offers biological value for both upland and wetland species. In slough areas, according to the CLIP4 Potential Habitat Richness layer (Exhibit J), the habitat would support 7 vertebrate species. In other areas, the habitats would support 2 to 6 vertebrate species. The CLIP4 Biodiversity layer (Exhibit I) shows the slough and its adjoining buffer lands to be the highest priority. While panthers have not been documented on the property, they likely use it to travel around the edges of Immokalee. Known wood stork colonies are close, and the wetlands likely provide foraging areas for them. The properties are within the consultation area for the Florida bonneted bat and could provide habitat. The properties are connected westward with Lake Trafford through the slough, which then connects to the 2,512-acre Pepper Ranch Preserve and 60,000 acres of CREW lands. South from Lake Trafford there is a landscape connection through the Camp Keais Strand and its SSAs with the 26,400 acre Florida Panther National Wildlife Refuge, the 85,000 acre Fakahatchee Strand Preserve State Park and the 729,000-acre Big Cypress Preserve. Eastward, there is a connection through undeveloped lands to the 32,370 acre Okaloacoochee Slough State Forest, the 21,714-acre Dinner Island Wildlife Management Area (WMA) and additional privately protected lands. All in all, there is a connection with close to a million preserved acres. Restoration potential is high, but may be costly. Exotic removal is the primary means of restoration considered. The ecological quality is moderate at present, but with active habitat management it could be much higher. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) YES Statement for satisfaction of criteria: The property is directly adjacent to a 7.5-acre conservation property owned by Collier County, received in mitigation for an adjacent residential development. It is connected through the Immokalee slough to Lake Trafford and its surrounding wetlands, and through them to close to 1,000,000 conserved acres, including the following conservation lands north of I-75 (Figure 3): • Pepper Ranch Preserve – 2,512 acres • CREW and associated SFWMD lands – 60,000 acres • SSA lands – approximately 30,000 acres • Florida Panther National Wildlife Refuge – 26,240 acres • Big Cypress National Park – 729,000 acres Is the property within the boundary of another agency’s acquisition project? NO If yes, will use of Conservation Collier funds leverage a significantly higher rank or funding priority for the parcel? NO Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 17 of 51 III. Potential for Appropriate Use and Recommended Site Improvements Potential Uses as Defined in Ordinance No. 2002-67, as amended by Ordinance No. 2007-65, section 5.9: Hiking: Hiking would be an appropriate use once trails were installed. There are currently no, or very faint, trails. Nature Photography: This would be an appropriate use once trails were installed. Bird-watching: This would be an appropriate use with trails and/or a boardwalk. Kayaking/Canoeing: It is not realistic to consider kayaking or canoeing within the slough itself as a public use, as the cypress forest is thick, but it is likely that a small kayak could traverse it in wet season. Swimming: There are likely alligators and venomous snakes present so this would not be an appropriate use. Hunting: This property is too small and close to the urban area for hunting to be a reasonable use. Fishing: This would not be an appropriate use as slough waters are not deep enough for sport fishing. Recommended Site Improvements: Access improvements, parking area and trails on the southern portions of the properties are recommended. Trails should avoid the slough except potentially a spot to view the wetlands. In the future, with funding, a boardwalk could be placed through the slough. Access: The parcel can be accessed from Bethune Road, 5th St. South, and 1th St. South. There is also access at Sanitation Road, however, there has been a security concern expressed by Immokalee Water and Sewer regarding public use of this lime rock road as it leads to sensitive areas. Additionally, the Immokalee Water and Sewer indicated they have an access easement over Sanitation Road and would need to continue to have th is as it is their only access to section 8, where their spray fields are located. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 18 of 51 IV. Assessment of Management Needs and Costs Management of this property will address the costs of exotic vegetation removal and control, and provide an estimate for funding needs for construction of a boardwalk to allow the public to have access to selected portions of the property. The following assessment addresses both the initial and recurring costs of management. These are very preliminary estimates; Ordinance No. 2002-67, as amended by Ordinance No. 2007-65, requires a formal land management plan be developed for each property acquired by Conservation Collier. Exotic, Invasive Plants Present: Exotic, invasive species noted here are taken from the Florida Exotic Pest Plant Council’s (FLEPPC) 2016 List of Invasive Plant Species (Category I and Category II). FLEPPC is an independent incorporated advisory council created to support the management of invasive exotic plants in Florida’s natural areas by providing a forum for exchanging scientific, educational and technical information. Its members come primarily from public educational institutions and governmental agencies. Annual lists of invasive plant species published by this organization are used widely in the state of Florida for regulatory purposes. The current FLEPPC list (2016) can be viewed on-line at http://www.fleppc.org/list/list.htm. Category I plants are those which are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. Category II invasive exotics have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category I species. These species may become Category I if ecological damage is demonstrated. Category I and II plants found on this parcel in order of observed abundance: Category I Common Name Scientific Name Brazilian pepper Schinus terebinthifolius Bishopwood Bischofia javanica Climbing cassia Senna pendula Guava Psidium guajava Strawberry guava Psidium cattleianum Caesar’s weed Urena lobata Melaleuca Melaleuca quinquinerva Mimosa Albizia sp. (julibrissin or lebbeck) Air potato Dioscorea bulbifera Shoebutton ardesia Ardesia elliptica Napier grass Pennisetum purpureum Torpedo grass Panicum repens Java plum Sysygium cumini Arrowhead vine Syngonium podophyllum Australian pine Casuarina sp. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 19 of 51 Category II Common Name Scientific Name Bowstring hemp Sansevieria hyacinthoides Staff observations are that invasive exotic plants have a strong foothold in almost all upland areas visited, but less so in wetland and slough areas. Property edges have significant Brazilian pepper, and there are some very large Brazilian pepper trees in internal areas as well. Adjacent to residential areas there is evidence of house and landscape plant escapes, as stands of bowstring hemp, bishop wood, banana (Musa sp.), and arrowhead vine were found. Exotic Vegetation Removal and Control An estimate of the cost for initial exotic removal and follow-up maintenance was determined based on actual costs for similar work at the Pepper Ranch Preserve. Based on the actual cost for initial exotic removal at Pepper Ranch Preserve ($820/ac), costs for the initial removal for 400 acres, killing exotics in place, would be $328,000. These costs could be significantly less as slough areas may not have much infestation. This is a high estimate. Estimated costs for follow-up maintenance, done anywhere from quarterly to annually are based on actual costs for follow-up exotic maintenance at Pepper Ranch Preserve ($169/ac) and are estimated at a total of $67,700 annually for 400 acres. These costs could be less if slough areas remain clean and could decrease over time as the soil seed bank is depleted. Additionally, areas could be maintained on a rotating basis, reducing actual annual maintenance outlays, but reducing treatment for each section from annually to biennially (once every two years). Public Parking Facility: The cost of design and construction of a shell or gravel parking lot to accommodate approximately 5 cars would be approximately $25,000. Additional costs would include Americans with Disabilities Act (ADA) requirements, permitting and any required land clearing. Public Access Trails: There were no maintained access trails observed. An aerial photo from 1940 (Source: Property Appraiser website) (Exhibit E) shows Sanitation Road and one or two other trails existed, but today, no other trails are obvious. Public access trails would need to be designed with an access point in mind and traverse upland portions of the property, or be seasonal. Clearing for trails would cost approximately $775/mile. A 1.6 mile trail as shown in Figure 2 would cost approximately $1,240 to install and about half that to maintain, or $390/mile at $625 for each maintenance event. Security and General Maintenance: A portion of the property is currently fenced, but the exact amount and areas of fencing are currently unknown. Fencing along residential areas might be advisable to prevent dumping, which was observed in these areas. Signs advising of a conservation area can be placed at intervals along boundaries (except within the slough) as necessary. Public use of Sanitation Road could become a security issue for Immokalee Water and Sewer as the road leads to sensitive areas. Currently, Immokalee Water and Sewer has an access easement over Sanitation Road, and maintains the road. It might be best not to bring the public in that way, and allow the easement and maintenance to continue as it currently is, and use that road for land management purposes only. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 20 of 51 Table 2. Summary of Estimated Management Needs and Costs Management Element Initial Cost Annual Recurring Costs Comments Exotics Control $328,000 $67,700 These are high estimates, based on treating every acre every year, which is unlikely to occur. Additionally, actual costs could be much lower depending on whether slough areas are impacted or not, and if maintenance rotation is planned. Use of prescribed fire could reduce costs. Parking Facility $25,000 t.b.d Based on Otter Mound Preserve Access Trails/Non ADA $1,240 $625 Based on a 1.6 mile trail. Fencing/gates $88,400 $200 $15/LF for field fencing – from estimate provided to Conservation Collier for field fencing at Nancy Payton Preserve in 2017. Gates are approx. $100 each. This estimate anticipates fencing 1.12 miles with 4 gates, representing the portion along public roads. Boardwalk t.b.d t.b.d $300/LF Trash Removal t.b.d. t.b.d Request owner to remove trash before conveyance. Pack-in, Pack-out afterward. Signs $4,000 t.b.d. No trespassing signs must be no farther than 500 feet apart. Placing signs 500 feet apart along boundaries would take 53 signs, or $2,000. An entry sign costs approx. $2,000. Total $446,640 $68,525 t.b.d. To be determined; cost estimates have not been finalized. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 21 of 51 V. Potential for Matching Funds The primary partnering agencies for conservation acquisitions, and those identified in the Conservation Collier ordinance are the Florida Communities Trust (FCT), and The Florida Forever Program. The following highlights potential for partnering funds, as communicated by agency staff: Florida Communities Trust - Parks and Open Space Florida Forever grant program: Application for this program is typically made for pre-acquired sites up to two years from the time of acquisition. The Florida Legislature appropriated $10 million in Florida Forever funding in fiscal year 2016-17 to FCT. Funding has not been awarded for this cycle. There is currently no funding available until the Florida Legislature determines the 2017-18 budget. Florida Forever Program: Staff has been advised that the Florida Forever Program has limited funds and is concentrating on parcels already included on its ranked priority list. This parcel is not inside a Florida Forever priority project boundary. Additionally, the Conservation Collier Program has not been successful in partnering with the Florida Forever Program due to conflicting acquisition policies and issues regarding joint title between the programs. Other Potential Funding Sources: There is potential for utilizing funding donations to the Conservation Collier program to fulfill requirements for off-site preserves pursuant to the Collier County Land Development Code, Section 3.05.07. There is currently approximately $299,400 in this fund, with $91,000 earmarked for multi-parcel project properties whose owners have accepted the County’s offers. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 22 of 51 VI. Summary of Secondary Screening Criteria Staff has scored property on the Secondary Criteria Screening Form and attached the scoring form as Exhibit H. A total score of 257 out of a possible 400 was achieved. The chart and graph below show a breakdown of the specific components of the score. Table 3. Tabulation of Secondary Screening Criteria Figure 5. Secondary Screening Criteria Scoring Secondary Screening Criteria Possible Points Scored Points Percent of Possible Score Ecological 100 75 75% Human Values/Aesthetics 100 71 71% Vulnerability 100 45 45% Management 100 67 67% Total Score:400 257 64% Percent of Maximum Score:64% Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 23 of 51 Summary of factors contributing to score Total Score: 257 out of 400 possible points Ecological: 75 out of 100 possible points This moderately high score was achieved because there are at least five reasonably intact native vegetation communities on the parcels, including a slough with mature cypress in it. Both parcels are within the wellfield protection zones for the Immokalee Water and Sewer wells and contribute to surficial aquifer recharge. The parcels contain and provide buffering for an identified flow way, the Immokalee slough, which connects with Lake Trafford. Wetlands exist onsite, including we forested areas and freshwater marshes. Listed plant species were found onsite (though relatively common) and the habitat would support listed, non-listed and wetland dependent species. Finally, the parcel appears to be able to be restored to high ecological function with minimal alteration beyond removal of invasive exotic plant species. Human Values/Aesthetics: 71 out of 100 possible points The parcel received a moderately high score as in has at least 3 access points from paved public roads and one access by a private lime rock road. Public uses of the parcel could include all land-based natural resource-based recreational and educational opportunities. Approximately one quarter of the parcel scan be seen directly from a public road. Additional points were achieved because the site contains outstanding aesthetic characteristics (the mature cypress in the slough). Vulnerability: 45 out of 100 possible points The upland portions of the parcels are vulnerable to development. Parcel a. is currently zoned Agricultural, with 1 unit per 5 acres, but parcel b. is currently zoned Estates, and could be developed at 1 unit per 2.25 acres. There is a ST Overlay for well field protection, but that is not a negative for residential development. Additionally, on the Immokalee Future Land Use Map (Exhibit D), parcel a. is shown as “Low Residential Subdistrict,” and parcel b. is shown as “Neighborhood Center Subdistrict,” indicting that uses could intensify in the future. Management: 67 out of 100 possible points A moderate score was achieved for management needs. There were no specific hydrologic changes that appear needed, however, there is a road traversing the slough, and future use of that road could require evaluation of culverts. Removal of exotic plant species is a significant need, and could be costly to achieve. For the most part, the properties are surrounded by managed and semi-managed urban and agricultural landscapes. This limits some exotics influence and elevates potential for invasion by others. There are some seed sources remaining in adjacent lands to the NW, where there is no removal requirement. Parcel Size: While parcel size was not scored, the ordinance advises that based on comparative size, the larger of similar parcels is preferred. This parcel is similar to the SD Corp of Naples (115 acres). Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 24 of 51 Exhibit A. FLUCCs Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 25 of 51 Exhibit B. Soils Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 26 of 51 Exhibit C. Wellfield Protection and Aquifer Recharge Maps Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 27 of 51 Exhibit D. Zoning Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 28 of 51 Exhibit E. Historical Aerial – 1940 (Source: Collier County Property Appraiser) Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 29 of 51 Exhibit F. FEMA map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 30 of 51 Exhibit G. LIDAR Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 31 of 51 Exhibit H. Surface Water Priorities CLIP4 Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 32 of 51 Exhibit I. Landscape Integrity CLIP4 Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 33 of 51 Exhibit J. Priority Natural Communities CLIP4 Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 34 of 51 Exhibit K. Biodiversity CLIP4 Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 35 of 51 Exhibit L. Potential Habitat Richness CLIP4 Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 36 of 51 Exhibit M: Strategic Habitat Conservation Areas CLIP4 Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 37 of 51 Exhibit N. Aggregated Conservation Priorities CLIP4 Map Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 38 of 51 Exhibit O. USFWS Wood Stork Foraging Area, Florida bonneted bat consultation and focal areas and snail kite consultation areas Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 39 of 51 Exhibit P. Completed and Scored Secondary Criteria Screening Form Property Name: Barron Collier Partnership LLLC Folio Numbers: 00132960005, 00133240009 Sanitation and Bethune Roads Geographical Distribution (Target Protection Area): Urban area 1. Confirmation of Initial Screening Criteria (Ecological) 1.A Unique and Endangered Plant Communities Possible points Scored points Comments Select the highest Score: 1. Tropical Hardwood Hammock 90 Owner believes there is Tropical Hardwood Hammock on the property. Area too wet to visit in December but will check back in March. 2. Xeric Oak Scrub 80 3. Coastal Strand 70 4. Native Beach 60 5. Xeric Pine 50 6. Riverine Oak 40 7. High Marsh (Saline)30 8. Tidal Freshwater Marsh 20 9. Other Native Habitats 10 10 4110 - pine flatwoods; 6170 - Mixed wetland hardwoods; 6210 - Cypress; 6410 -Freshwater marsh; 6300 - Mixed wetland forest; 6172 - Mixed wetland hardwood-shrubs. 10. Add additional 5 points for each additional Florida Natural Areas Inventory (FNAI) listed plant community found on the parcel 5 each 11. Add 5 additional points if plant community represents a unique feature, such as maturity of vegetation, outstanding example of plant community, etc.5 5 The cypress slough has mature cypress trees in it. 1.A. Total 100 15 1.B Significance for Water Resources Possible points Scored points Comments 1. Aquifer Recharge (Select the Highest Score) a. Parcel is within a wellfield protection zone 100 100 both parcels are within the wellfield protection zone. b. Parcel is not in a wellfield protection zone but will contribute to aquifer recharge 50 c. Parcel would contribute minimally to aquifer recharge 25 d. Parcel will not contribute to aquifer recharge, eg., coastal location 0 2. Surface Water Quality (Select the Highest Score) a. Parcel is contiguous with and provides buffering for an Outstanding Florida Waterbody 100 b. Parcel is contiguous with and provides buffering for a creek, river, lake or other surface water body 75 c. Parcel is contiguous with and provides buffering for an identified flowway 50 50 Immokalee Slough runs through both parcels. d. Wetlands exist on site 25 25 freshwater marshes exist onsite e. Acquisition of parcel will not provide opportunities for surface water quality enhancement 0 3. Strategic to Floodplain Management (Calculate for a and b; score c if applicable) a. Depressional soils 80 80 44% of soils on both parcels are depressional b. Slough Soils 40 less than 1 acre c. Parcel has known history of flooding and is likely to provide onsite water attenuation 20 20 slough area floods - evidence of high water seen on tree trunks. Subtotal 300 275 1.B Total 100 92 Obtained by dividing the subtotal by 3. 1.C Resource Ecological/Biological Value Possible points Scored points Comments 1. Biodiversity (Select the Highest Score for a, b and c) a. The parcel has 5 or more FLUCCS native plant communities 100 100 Staff observed 5 FLUCCS: 4110-Pine flatwoods. 6170-Mixed wetland hardwoods, 6172-Mixed wetland hardwoods-shrubs, 6410-Freshwater marsh, 6210-Cypress b. The parcel has 3 or 4 FLUCCS native plant communities 75 c. The parcel has 2 or or less FLUCCS native plant communities 50 d. The parcel has 1 FLUCCS code native plant communities 25 2. Listed species a. Listed wildlife species are observed on the parcel 80 If a. or b. are scored, then c. Species Richness is not scored. b. Listed wildlife species have been documented on the parcel by wildlife professionals70 Provide documentation source - c. Habitat Richness score 5 categories 70 56 Score is prorated from 14 to 70 based on the highest of the 5 CLIP4 Potential Habitat Richness categories, each category provides 14 points- This parcel scored 4 out of 5. 4X14=56 d. Rookery found on the parcel 10 e. Listed plant species observed on parcel - add additional 20 points 20 20 Tillandsia fasciculata and T. balbisiana Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 40 of 51 Exhibit P. Completed and Scored Secondary Criteria Screening Form (Continued) 3. Restoration Potential a. Parcel can be restored to high ecological function with minimal alteration 100 100 Removal of exotics would be primary restorative work b. Parcel can be restored to high ecological function but will require moderate work, including but not limited to removal of exotics and alterations in topography.50 c. Parcel will require major alterations to be restored to high ecological function.15 d. Conditions are such that parcel cannot be restored to high ecological function 0 explain limiting conditions Subtotal 300 276 1.C Total 100 92 Divide the subtotal by 3 1.D Protection and Enhancement of Current Conservation Lands Possible points Scored points Comments 1. Proximity and Connectivity a. Property immediately contiguous with conservation land or conservation easement.100 100 7.5 acre County mitigation parcel b. Property not immediately contiguous, parcels in between it and the conservation land are undeveloped.50 c. Property not immediately contiguous, parcels in-between it and conservation land are developed 0 d. If not contiguous and developed, add 20 points if an intact ecological link exists between the parcel and nearest conservation land 20 1.D Total 100 100 1. Ecological Total Score 100 75 Sum of 1A, 1B, 1C, 1D then divided by 4 2. Human Values/Aesthetics 2.A Human Social Values/Aesthetics Possible points Scored points Comments 1. Access (Select the Highest Score) a. Parcel has access from a paved road 100 100 Bethune Rd., South 5th St., South 1st St. b. Parcel has access from an unpaved road 75 Sanitation Road c. Parcel has seasonal access only or unimproved access easement 50 d. Parcel does not have physical or known legal access 0 2. Recreational Potential (Select the Highest Score) a. Parcel offers multiple opportunities for natural resource-based recreation consistent with the goals of this program, including but not limited to, environmental education, hiking, nature photography, bird watching, kayaking, canoeing, swimming, hunting (based on size?) and fishing.100 b. Parcel offers only land-based opportunities for natural resource-based recreation consistent with the goals of this program, including but not limited to, environmental education, hiking, and nature photography.75 75 All land based natural resource-based recreational and educational opportunities exist. c. Parcel offers limited opportunities for natural-resource based recreation beyond simply accessing and walking on it 50 d. Parcel does not offer opportunities for natural-resource based recreation 0 3. Enhancement of Aesthetic Setting a. Percent of perimeter that can me seen by public. Score based on percentage of frontage of parcel on public thoroughfare 80 18 Score between 0 and 80 based on the percentage of the parcel perimeter that can be seen by the public from a public thoroughfare. The entire perimeter is 5 miles. The portion along roads is 1.12 miles =22% b. Add up to 20 points if the site contains outstanding aesthetic characteristic(s), such as but not limited to water view, mature trees, native flowering plants, or archeological site 20 20 Provide a description and photo documentation of the outstanding characteristic - the view at the slough is of mature cypress in water. Subtotal 300 213 2. Human Social Values/Aesthetics Total Score 100 71 Obtained by dividing the subtotal by 3. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 41 of 51 Exhibit P. Completed and Scored Secondary Criteria Screening Form (Continued) 3. Vulnerability to Development/Degradation 3.A Zoning/Land Use Designation Possible points Scored points Comments 1. Zoning allows for Single Family, Multifamily, industrial or commercial 50 2. Zoning allows for density of no greater than 1 unit per 5 acres 45 45 Parcel a. is Agriculturally zoned - 1 unit per 5 acres. On the Immokalee Future Land Use Map (FLUM), it is shown as Low residential subdistrict, with an Environmentally Sensitive Areas overlay with wetlands connected to Lake Trafford. Parcel b. is Estates zoned - 1 unit per 2.25 acres (from Golden Gate Area Master Plan, 2. Estates Designation). On the Immokalee FLUM, it is shown as Neighborhood Center Subdistrict and urban infill. Future plans show uses to potentially intensify. 3. Zoning allows for agricultural use /density of no greater than 1 unit per 40 acres40 4. Zoning favors stewardship or conservation 0 5. If parcel has ST overlay, remove 20 points -20 Thre is a ST for wellfield protection, but this is not the ST this question asks about. 6. Property has been rezoned and/or there is SDP approval 25 7. SFWMD and/or USACOE permit has been issued 25 8. A rezone or SDP application has been submitted 15 9. SFWMD and/or USACOE permit has been applied for 15 3. Vulnerability Total Score 100 45 4. Feasibility and Costs of Management 4.A Hydrologic Management Needs Possible points Scored points Comments 1. No hydrologic changes are necessary to sustain qualities of site in perpetuity 100 100 No specific changes determined. There is a road bed over the slough (Sanitation Road) which may flood in rainy season. 2. Minimal hydrologic changes are required to restore function, such a cut in an existing berm 75 3. Moderate hydrologic changes are required to restore function, such as removal of existing berms or minor re-grading that require use of machinery 50 4. Significant hydologic changes are required to restore function, such as re-grading of substantial portions of the site, placement of a berm, removal of a road bed, culvert or the elevation of the water table by installing a physical structure and/or changes unlikley 0 5.A Total 100 100 4.B Exotics Management Needs Possible points Scored points Comments 1. Exotic Plant Coverage a. No exotic plants present 100 b. Exotic plants constitute less than 25% of plant cover 80 c. Exotic plants constitute between 25% and 50% of plant cover 60 60 On most aras of the property, exotics are between 25% and 50% of plant cover, some areas more, some areas less. d. Exotic plants constitute between 50% and 75% of plant cover 40 e. Exotic plants constitute more than 75% of plant cover 20f. Exotic characteristics are such that extensive removal and maintenance effort and management will be needed (e.g., heavy infestation by air potato or downy rosemytle)-20 g. Adjacent lands contain substantial seed source and exotic removal is not presently required -20 -10 some seed source exists to the NW along the slough, but mostly, the site is surrounded by managed urban and agricultural landscapes. 5.B Total 100 50 4.C Land Manageability Possible points Scored points Comments 1. Parcel requires minimal maintenance and management, examples: cypress slough, parcel requiring prescribed fire where fuel loads are low and neighbor conflicts unlikely 80 2. Parcel requires moderate maintenance and management, examples: parcel contains trails, parcel requires prescribed fire and circumstances do not favor burning 60 60 Portions of both parcels (Pine flatwoods) would benefit from prescribed fire but surrounding residential areas will make this difficult to accomplish 3. Parcel requires substantial maintenance and management, examples: parcel contains structures that must be maintained, parcel requires management using machinery or chemical means which will be difficult or expensive to accomplish 40 4. Add 20 points if the mainenance by another entity is likely 20 0 5. Subtract 10 points if chronic dumping or trespass issues exist -10 -10 Dumping was observed 5.C Total 100 50 4. Feasibility and Management Total Score 100 67 Sum of 5A, 5B, 5C, then divided by 3 Total Score 400 257 Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 42 of 51 Exhibit Q. Photographs Photo 1. Parcel a. north side at Sanitation Road gate Photo 2. Parcel a. Center of slough - crossing along Sanitation Road Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 43 of 51 Photo 3. Parcel a. Old Eustis Ave. landfill – south side of Sanitation Road Photo 4. Parcel a. Napier grass along Sanitation Road- Mixed wetland hardwood community Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 44 of 51 Photo 5. Parcel a. - Mixed wetland hardwood community north of the slough Photo 6. Parcel a. – Mature Brazilian pepper Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 45 of 51 Photo 7. Parcel a. Mixed wetland hardwood with air potato Photo 8. Parcel a. Toothpetal orchid (Habernaria odontopetala) Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 46 of 51 Photo 9. Parcel a. slough with cypress knees Photo 10. Parcel a. – Royal palm Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 47 of 51 Photo 11. Parcel a. - freshwater marsh – southwest side, with Melalueca Photo 12. Parce a. - same freshwater marsh, another view Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 48 of 51 Photo 13. Parcel a. Pine flatwood - southwest side Photo 14. Parcel b. Along Bethune Road – Mixed wetland forest Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 49 of 51 Photo 15. Parcel b. Mixed wetland hardwoods at slough edge – north side of parcel b. Note water marks on cypress Photo 16. Pine flatwood – south side parcel b. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 50 of 51 Photo 17. Property edge along southwest side of parcel b. – South 5th St. adjacent to Collier Village PUD Photo 18. Debris in pine flatwoods along South 5th St. Initial Criteria Screening Report Folio #: 00132960005 and 00133240009 Owner Name: Barron Collier Partnership, LLLP Date: January 2018 Page 51 of 51 Photo 19. Parcel b. - Pine flatwood on southwest side next to Collier Village Photo 20. Pine flatwood farther north next to Collier Village – some areas are better than others CCLAAC –Bueno-Costa (WH 2.73 acres) EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 2.73 acres within the Winchester Head Multi- parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $35,400 (Bueno-Costa). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Orlando V. Bueno and Claudio A. Costa (Sellers). CONSIDERATIONS: On January 25, 2005, Agenda Item 10D, the Board approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II - Active Acquisition List, (AAL) with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. A multi-parcel project included on the Cycle II – AAL was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi-parcel Project). Staff has actively pursued acquiring parcels within Unit 65. However, on September 13, 2005, Agenda Item 16 A 34, the Board accepted CCLAAC’s recommendation to, due to rising property costs, discontinue buying properties for the Winchester Head Multi-parcel Project for 90 days. On February 14, 2006, Agenda Item 10A, the Board approved placing the Winchester Head Multi-parcel Project on the “B” list of the Cycle III – AAL, and on January 23, 2007, Agenda Item 10A, the Board approved the Cycle IV – AAL, once again placing the Multi-parcel Project on the “B” list. On May 22, 2007, Agenda Item 10F, the Board approved activating the Winchester Head Multi-parcel Project, with conditions, and it was placed on the “A” list on the current AAL. On January 25, 2011, Agenda Item 10B, the Board accepted CCLAAC’s recommended Cycle 8 AAL, placing Winchester Head Multi-parcel Project on the “A” list. On December 13, 2016, the Board reauthorized the Conservation Collier Land Acquisition program. On August 14, 2017, the CCLAAC recommended staff to make offers to interested property owners within the Winchester Head Multi-parcel Project. The Winchester Head Multi-parcel Project consists of 115 parcels and a total of 158.67 acres. To date, Conservation Collier has acquired 46 parcels for a total of 64.19 acres, and the Collier Soil and Water Conservation District has acquired 2 parcels totaling 2.28 acres. Staff contracted with two independent, state-certified, general real estate appraisal firms to appraise all parcels within the Project. The appraisers based their analyses on comparable sales from wetland, not upland parcels, preferably within the Project boundaries. The appraisals dated July 2017 provided an averaged appraised value for parcels within the Project at $12,500 an acre. On October 9, 2017, the CCLAAC recommended extending offers to owners who sent in applications in the Project. The cost to obtain new appraisals is $4,900. The Sellers’ property contains a total of 2.73 acres and is located within the Winchester Head Multi-parcel Project. The land cost for the 2.73-acre parcel is $34,125. The Property Appraiser’s 2017 Preliminary Tax Roll assessed value for this property is $18,532. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $170.63 in liquidated damages. Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is provided herewith. Conservation Collier 1-8-18 Agenda Item V.C. CCLAAC –Bueno-Costa (WH 2.73 acres) EXECUTIVE SUMMARY Conservation Collier – Bueno-Costa (WH-2.73 acres) Page 2 FISCAL IMPACT: The total cost of acquisition will not exceed $35,400 ($34,125 for the property and approximately $675 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172), from donation funds. As of January 8, 2018, property costs for Conservation Collier properties, including this property and those under contract, total $104,363,792. Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - JAB RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Division of Facilities Management Conservation Collier 1-8-18 Agenda Item V.C. CONSERVAT10N COLLIER TAX 10こ NTIFiCAT10N NUMBER:39957760008 AGREEMENT FOR SALE AND PURCHASE THiS AGREEMENT is made and entered into by and bemeen oRLANDO V.BUENO AND CLAUD:OA.COSTA,whose address is 501 SW l●Street#507.Miami,FL 33130,(hereinafter referred to as "se!ler"), and cOLLIER COUNTY, a poilica! subdivision of the State of Florida,its successors and assigns,whose address is 3335 Tamiami Tra∥ East, Suite 101, Naples, FL 34112.(hereinafter reFerred to as "Purchaser") W:TNESSETH WHEREAS, Seiler is the owner of that certain parcel of real property(hereinafter referred to as"Property''),|。Cated in Co∥ier County, State of Flo『ida,and being more particu!arly described in Exhibit ''A", attached hereto and made a part hereof by reference WHEREAS,Purchaseris des:rous of purchasing the PrOperty,sublect to the condltions and other agreements hereinafter set forth.and Se∥eris agreeable to such saie and to such conditions and agreements NOVV.丁 HEREFORE,and fo「and in consideration of the premises and the respec,ve undertakings of the parties hereinafter set forth and the sum of Ten Do∥ars(S1000), the receipt and suttciency of which is hereby acknowiedged,itis agreed as fO∥Ows: : AGREEMENT 1 01 in consideration of the purchase price and upOn the terms and cOnditions hereinafter set forth,Se∥er sha∥se∥tO Purchaser and Purchaser sha∥purchase from se∥erthe Property,descrlbed in Exhibl''A" ∥ PAYMENT OF PURCHASE PRiCE 置11鶏「だ∫器r忠 :驚 :y:]∫ 為i軍出縄『指:お幣棚|:¶朧 at time of ciOsing ll: CLOS:NG 3 01 The C!osing (THE "CLOSING DATE", "DATE OF CLOSING“, OR"CLOSING")of the transactiOn sha∥be (120)dayS fo∥owing executiOn of tr 湘I糊昴孵聯蹴T棚柵悧面躍60 days withOut further approva! by ti1Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATION COLLIER TAX IDENTIFICATION NUMAER 39957760008 Closing shall be held at the Collier County Attorney's Oftice, Administration Building, 3299 Tamiami Trail East, 8th Floor, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.0'l 1 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or gualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0'l 'l 1 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.01 12 Combined Purchaser-Seller closing slalement 3.01 13 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit,,' as required by Section 1445 ot the lnternal Revenue Code and as required by the title insurance undenvriter in order to insure the "gap', and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Reguest for Taxpayer ldentification and Certification" as required by the lnternal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A wire transfer or negotiable instrument in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Tiile Company verifies that the slate of the tifle to the property has not changed adversery since the date of the rast endorsement to the commitment, referenced in Section 4.01 1 thereto, and the Tifle company is irrevocabry committed to pay the purchase price to seiler and to issue the owner's tifle poricy to purchaser in accordance with thecommitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment dueat crosing in accordance with Articre ilr her;f, snatt ue suu;ect toadjustment for prorations as hereinafter set forth. 3.02 Each party shafl be responsibre for payment of its own attorney,s fees. sefler,at irs sore cost and expense, shail pay ai ciosing arr aocumeniary "i"-riLi or"rerating to the recording of the warranty Deed, ii iccordance *iti, dt "[t* lijr .or , Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATION COI.LIER TAX IOENTIFICATION NUMBERT 399577600OE Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.0'l 1 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. lf Closing occurs at a date which the cunent year's millage is not fixed, laxes will be prorated based upon such prior year's millage. IV. REOUIREMENTS AND CONDITIONS 4.0'l Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller. as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing. 4.01 1 within fifteen (15) days after the date hereof, purchaser shall obtain as evidence of title an ALTA commitment for an owner's Ti e lnsurance policy (ALTA Form B-1970) covering the property, together with hard copies of air exceptions shown thereon. purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in wiiting of an! obiection to title other than riens evidencing monetary obrigationsl if any, which obligations shall be paid at closing. lf the tiile commitment contaans exceptions that make the title unmarketable, purchaser shall deliver to the seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 ll Purchaser shalr fair to advise the Seiler in writing of any such objections in seller's tifle in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of puichaseis objection totitle, seller shall have thirty (30) days to remedy any defects in order t,o "onr"ygood and marketable tifle, except for liens or monetary obligations which willbe satisfied at closing. seller, at its sole expense, shall use its best efforts tomake such title good and marketable. ln lhe event seller is unable to curesaid objections within said time period, purchaser, by providing written noticeto serrer within seven.(7) days after expiration or saio tnirty (5ol oay perioo,may accept title as it .then- is, waiving any objection; or iruicnaser mayterminate the Agreement. A failure by purchaser to give such written notice oftermination within the time period provided herein shall be deemed an electionby Purchaser to accept the exceptions to tifle as shown in the tiflecommitment. 4.0'13 seller agrees to. furnish .any existing surveys of the property in seller,spossession to Purchaser within 10 (ten) days of the effective iate of this Conservation Collier 1-8-18 Agenda Item V.C. CONSERVAT,ON COLLIにR TAX 10ENTlFlCAT,ON Nυ MBER 39957760000 Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to lhe total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. lf the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. purchaser shall have ninety (g0) days from the effective date of this Agreement to notify Seller of any suchobiections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period. Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projeclion, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by purchaser to accept the Propery with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date ofthis Agreement, ("lnspection Period"), to determine through appropriate investigation that: 1. soil tests and engineering studies indicate that the property can be developed without any abnormal demucking, soil stabilization or foundations.2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable environmenlal laws and the property is free from State and Federal any pollution or contamination. 4. The Property can be utilized for its Conservation Collier program. intended use and purpose in the 5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results ofany investigation, Purchaser shall deliver to seller prior to the expiration of thelnspection Period. wriften notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf purchaser fails to notify thb setterin writing of its specific objections as provided herein within the lnspection period,it shall be deemed that the purchaser is satisfied with the results of itsinvestigations and the contingencies of this Article V shall be deemed waived. ln Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39957760008 the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the propefi at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the property, shall be prorated at closing based upon the gross amount of 2017 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 lf seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, purchaser may, at its option, terminate this Agreement by giving written notice of termination to seller. purchaser shall have the right to seek and enforce all rights and remedies available at law or in equityto a contract vendee, including the right to seek specific performance of thii Agreement. 9.02 lf the Purchaser has not terminated this Agreement pursuant to any of theprovisions authorizing such termination, and purchaser fails to close thetransaction contemplated hereby or otheruvise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of purchaser to be performed, provided seller is not in default, then as Seller's sole remedy, seller shall have the right to terminate and cancel this Agreement by giving written notice thereof lo Purchaser, whereupon one-half percent I t2oh\ oi t-he p-urchase price shall be paid to Seller as liquidated damages which shall be selier,s sole Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATION COLLIER TAX IOENTIFICATION NUMSER 3995776@08 and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01. (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchase/s default are uncertain in amount and difficultto ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARMNTIES 10.01 Seller and Purchaser represent and warrant the following: '10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presenily the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith. and to consummate the. transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing seller and Purchaser to execute and consummate the transaction contemplated hereby. At closing, certified copies of such approvals shall be delivered to purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of closing. purchaser's acceptance of adeed to the said Property shall not be deeired to be full performance and discharge of every agreement and obligation on the part oi the selrer to beperformed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims,proceedings, litigation or investigations pending or threatened against seller, at law, equity or in arbitration before or by any federal, state, muniiipal or othergovernmental instrumentality that relate to this agreement or any otherproperty that could, if continued, adversely affect slller,s ability to sell theProperty to Purchaser according to the terms of this Agreement. 10.015 No party or person other than purchaser has any right or option toacquire the Property or any portion thereof. 今、 , ! Conservation Collier 1-8-18 Agenda Item V.C. CONSERVAT10N COLLIER TAX IDENTIFiCAT10N NUMBER:39957760008 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Propefi; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the property, directly or indirecfly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currenfly used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they hive (it has) no knowledge that there is ground water contamination on the property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the property and Seller,s operations concerning the Property are in violation of any applicable Federal, state or local.statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Plgp."ty in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10'019 There are no unrecorded restrictions, easements or rights of way(other than existing zoning regulations) that restrict or affect thJ use of theProperty, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting thl Property. 10.020 seller has no knowledge that there are any suits, actions or arbitration,bond issuances or proposars therefor, proposars for pubric improvemeni assessments, pay-back agreements, paving agreements, road expansion orimprovement agreements, utirity moratoriums, use moratoriums, improvementmoratoriums, administrative or other proceedings or governmentar investigations or requirements, formar or informar, existing oi penuing or Conservation Collier 1-8-18 Agenda Item V.C. CONSERVAT10N COLL ER TAX,DENTlFICAT10N Nυ MBER 39957760008 threatened which affects the Property or which adversely affects Seller,s ability to perform hereunder, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that seller will not cause the zoning or physical condition of the Property to change from its existing state on the effeclive date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would changethe zoning or physical condition of the property or the governmental ordinances or laws governing same. seller also agrees to notify purchaser promptly of any change in the facts contained in the foregoing repiesentations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or anygovernmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the property 10 022 At the crosing, seiler shafl deriver to purchaser a statement (hereinafter called the "closing Representative statement") reasserting theforegoing representations as of the Date of closing, which provisrons-rnrll survive the Closing. 10.023 seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney,s fees) asserted against, imposed on or incurred by purchaser, direcfly or inolrectly,pursuant to or in connection with the application of any federal, state, local orcommon law relating to pollution or protection of the environment which shallbe in accordance with, but not limited to, the comprehensive EnvironmentalResponse' compensation, and Liabirity Act of 19g0, 42 u.s.c. section 9601,et seq., ("CERCLA" or ,,Superfund,,), which was amended anO upgradeO by thesuperfund Amendment and Reauthorization Act of 1986 (.sAiri,r, i;ciJd;;gany amendments or successor in function to these acts. This provision andthe rights of Purchaser, hereunder, shafl survive crosing ana are not oeemeosatisfied by conveyance of tifle. 1.0.024 Any loss and/or 91T"9" to the property between the date of thasAgreement and the date of crosing sha, be sJteris sote risk and expense. xr. NOTTCES ].l.-0] lnY .notice, request, demand, instruction or other communication to begrven to either party hereunder shall be in *iiting, sent by facsimile withautomated confirmation of receipt, o,. oy ,egnstereJ, or i"rtir"a ,lir, iJt,r.'L."iitrequested, postage prepaid. addressedas trfo*", ' - Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATION COLLIER TAX IOENTIFICATION NUMBER: 39957760008 lf to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples 34116 With a copy to: Cindy M. Erb, SRMA, Senior Property Acquisition Specialist ifto Se∥eri Collier County Real Property Management 3335 Tamiami Trail East, Suite 10"1 Naples, Florida 34112 Telephone number: 239 -252-8917 Fax number: 239-252-8876 Orlando V. Bueno & Claudio A. Costa 501 SW lstStreet#507 Miami, FL 33130 1 1 .02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the seller. Seller shall indemnify Purchaser and hold purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by seller as a real estate 6roker, salesman or representative, in connection with this Agreement. Seller agrees topay any and all commissions or fees at closing pursuant to the terms of aseparate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts whichtogether shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as ofthe date this Agreement is executed by both parties and shail inure to tne oeneiitof and be binding upon the parties hereto and their respective heirs, executors,personar representatives, successors, successor trustee, rno "i"ign"e"whenever the context so requires or admits. Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 33957760008 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 't 3.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 lf any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offe/' to purchase represented by this Agreement is subject to acceplance and approval by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to fund availability and future appropriation. Should the funds not be available or able to be used prior to closing the Purchaser or Seller may immediately terminate this agreement without any payment of any kind to Seller. 13.09 lf the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according tobhapter 296, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before property held in such capacity is conveyed to collier county. (lf the corporation is registered with the Federal securities Exchange commission or registered pursuant to chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATION COLLIER IAX IDENTIFICATION NUMBER 39957760008 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. lN WITNESS WHEREOF, the parties hereto have signed below. Dated ProlecVAcquislion Approved by BCCi AS TO PURCHASER: DATED: ATTEST: DWiGHT E BROCK,C:erk BOARD OF COUNttY COMMISS10NERS COLLIER COUNW,FLOR!DA BY: ,Deputy Clerk PENNY TAYLOR,Chairman Approved as to form and leganty: JennlferA Belped10 Asslstant county Attorn3紫 Conservation Collier 1-8-18 Agenda Item V.C. CONSERVATiON COLL:ER TAX:DENT!F:CAT10N NUMBER:39957760008 AS TO SELLER: VVITNESSESi Witness#2(Signature) Wttness#2(Prlnt Name) WITNESSES: レしん“わゾ `― ―」〆 ORLANDO∨.BUENO CLAUD10 A.COSTA 正電J多 `ぃ Q工ゞιυ`VVitness#1(Signature)|Winess#1(P"nt Name) VVltness#2(Signature) Wlness#2(P“nt Name) ■2Conservation Collier 1-8-18 Agenda Item V.C. CONSERVAT:ON COLL:ER TAX:DENT:FiCAT10N NUMBER1 39957760C08 AS TO SELLER: VV:丁 NESSES: Wttness,1(Signature) W"ness″,(P“nt Name) Witness *2 (Signature) W"ness#2(P門 nt Name) WiTNESSES: ORLANDO V BUENO 夕■と∈酬毬 wnness#1(Prnt Name) Conservation Collier 1-8-18 Agenda Item V.C. ' CONSERVATION COLLIER TAx IOENTIFICATION NUMBER: 39957760008 EXH:B:丁 “A'' PROPERTY:DENTIFiCAT10N NUMBER: 39957760008 LECAL DESCR:PT:ON: THE WEST ONE HUNDRED E:GHTY (180')FEET OF TRACT 65, GOLDEN GATE ESTATES,UN:T N0 65,ACCORDiNG TO THE PLAT THEREOF AS RECORDED IN PLAT B00K 5, PAGE 88 0F THE PUBL!C RECORDS OF COLLiER COUNIY,FLORIDA 2 73 Acres Conservation Collier 1-8-18 Agenda Item V.C. 1 Summary of Applicants No.Name Environmental and Conservation Agricultural and Business Educational General Civic and Citizen Ecology Conservation Real Estate or Land Acquisition Land Appraisal Land Management Eco-tourism Environmental Education 1 Pat Sherry v.w.e.v.w.e.v.v.w.e.w.e.w.e., v.v.v. 2 Gary Bromley s.i.x w.e.w.e.v.v.s.i s.i f.t. Representation of Interests Staff coded this section to indicate an applicant's stated interest as "s.i." Where an interest was not explicitly stated, an "x" is shown in the "General Civic and Citizen" category. "W.e." is shown where an applicant has demonstrated work experience on the application. Individual Member Expertise, Knowledge or Interest Staff coded this section to indicate an applicant's formal training ("f.t.") and work experience ("w.e."). A "v" was placed in the appropriate section where volunteer efforts were noted. or in the Conservation category where an applicant has served on a County advisory committee dealing with environmental matters. "S.i." was used to note an applicants stated interests. Representation of Interests Individual Member Expertise, Knowledge or Interest Conservation Collier 1-8-18 Agenda item V.D. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252‐8400 Application was received on: 11/13/2017 12:20:59 PM. Name: Patricia Sherry Home Phone: 2034179854 Home Address: 1830 Florida Club Cr Unit 4211 City: Naples Zip Code: 34112 Phone Numbers Business: 2034179854 E‐Mail Address: scarlet1056@sbcglobal.net Board or Committee: Land Acquisition Advisory Committee Category: Not indicated Place of Employment: CAPA Cultural and Performing Arts Center How long have you lived in Collier County: 5‐10 How many months out of the year do you reside in Collier County: I am a year‐round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Conservation Collier 1-8-18 Agenda item V.D. Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? Yes Current member of Collier County Land Acquisition Committee Current member of Collier Water Waste Water Authority Please list your community activities and positions held: Education: BS Accounting Upsala College Experience / Background Current member since 2015 Prior member of Town Council in CT Prior BOD Friends of the Fakahatchee Conservation Collier 1-8-18 Agenda item V.D. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252‐8400 Application was received on: 12/17/2017 4:22:47 PM. Name: Gary Bromley Home Phone: 2393481179 Home Address: 9517 Ironstone Ter, Apt 202 City: Naples Zip Code: 34120 Phone Numbers Business: None E‐Mail Address: Bromley914@centurylink.net Board or Committee: Land Acquisition Advisory Committee Category: District 3 Citizen/Civic Place of Employment: Retired How long have you lived in Collier County: 3‐4 How many months out of the year do you reside in Collier County: I am a year‐round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Conservation Collier 1-8-18 Agenda item V.D. Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: League of Women Voters (LWV) Environmental Committee (EC) member. LWV EC subcommittee organizing solar coops in Collier County. LWV Government Committee (GC) member, LWV GC Observer Corps subcommittee. Participant in Florida Sun effort to place two Constitutional Amendments on voter ballots. Participant in Stonecrab Alliance on various actions regarding environmental issues. Education: Bachelor of Science Social Work Experience / Background Trained to engage school groups in environmental education in Westchester County New York Park. Also acted as nature interpreter with general public in same park.‐‐ Past President of a community civic group in New York.‐‐ Volunteer in Big Brother/ Sister Program. Member of a Quaker group that met weekly with men who were incarcerated as well as assisting the men with post incarceration needs. Conservation Collier 1-8-18 Agenda item V.D. G:\CDES Planning Services\Land Development Services\Conservation Collier\Land Management\Winchester Head Properties\Winchester Head 2013 Update IMP/BCCappvd5-28-13.docx 12/5/12 November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 2 Conservation Collier Winchester Head Extended Interim Management Plan ThirdSecond Extension Prepared By: Collier County’s Conservation Collier Program Parks & Recreation Divisionepartment 15000 Livingston Road Naples, FL 34109 September 20175 November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 3 Table of Contents 1.0 Purpose and Scope of the Interim Management Plan ....................................................... 43 2.0 Management Authority and Responsibilities ..................................................................... 54 3.0 Interim Site Plan ................................................................................................................... 54 3.1 Location and Site Description .......................................................................................... 54 3.2 Signage ............................................................................................................................... 65 3.3 Easements, Concessions or Leases .................................................................................. 65 3.4 Structures ......................................................................................................................... 65 3.5 Surrounding and Adjacent Land Uses........................................................................... 75 4.0 Interim Management Objectives ........................................................................................ 75 4.1 Natural Resource Protection ........................................................................................... 75 4.2 Site Security ....................................................................................................................... 76 4.3 Exotic Vegetation Removal and Maintenance Plan ....................................................... 76 4.4 Cultural, Historical and Archeological Resource Protection ....................................... 86 4.5 Public Access ..................................................................................................................... 87 4.6 Site Monitoring Plan ......................................................................................................... 87 4.7 Partnerships ...................................................................................................................... 97 5.0 Exhibits ................................................................................................................................ 108 EXHIBIT 1: Location Map ................................................................................................ 108 EXHIBIT 2: Aerial Map .................................................................................................... 139 EXHIBIT 3: Winchester Head Boundary and Golden Gates Estates Tract Numbers ....... 159 EXHIBIT 4: Golden Gates Estates Unit 62 Plat Map...................................................... 1610 EXHIBIT 5: Golden Gates Estates Unit 65 Plat Map...................................................... 1711 EXHIBIT 6: Winchester Head Light Detection and Ranging Map ................................. 1812 EXHIBIT 7: Location of the North Golden Gate Estates Flowway Project .................... 1912 EXHIBIT 8: Estimated Cost Table .................................................................................. 2013 EXHIBIT 9: Estimated Implementation Time Line ........................................................ 2014 November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 4 1.0 Purpose and Scope of the Interim Management Plan Winchester Head is one of two multi-parcel projects undertaken by the Conservation Collier Program. The Winchester Head Project boundary encompasses 115 parcels totaling 158.67 acres. As of, AugustJuly 20175, 53 parcels or 8077.39 acres (5048%) have been acquired by Conservation Collier in a checkerboard fashion throughout the project area. The Collier Soil and Water Conservation District (CSWCD) owns two parcels totaling 2.28 acres within the project area. Although the Board of County Commissioners (BCC) approved the remaining 6158 parcels totaling 78.6779 acres for acquisition subject to land values and to being offered as a “very good deal,” acquisitions in general by Conservation Collier were suspended in January 2011, and no additional properties within this area have been acquired using program funds since that time. Conservation Collier has not requested a market study and appraisal since 2009in 2017. That market study and appraisal included two appraisers with an average value for valued these parcels at $16,37512,500 per acre. As of 2017 March 2013, the Property Appraiser is valuing parcels within this area between $4,881 and 11,475 per acre depending on the size. at $5,000 per acre. Conservation Collier will is currently continue continuing to pursue the acquisition of all approved parcels within Winchester Head as means to do so present themselves. Conservation Collier has begun to make offers to owners submitting applications within Winchester Head utilizing funds from offsite preservation received as part of the Land Development Code’s Off-Site Native Vegetation Retention Requirements (LDC Section 3.05.07H.1.f.iii.a). Additionally, offsite preservation parcels may be donated within this area (LDC Section 3.05.07H.1.f.iii.b). f There is currently no budget for outright acquisition; however, there are some potential ways for properties to come under County ownership: • Offsite alternatives to the Land Development Code’s Off-site native vegetation retention requirements (LDC, Sec 3.05.07 H.1.f.iii. as amended) offer a way for properties within multi- parcel projects to be acquired and donated to Conservation Collier in lieu of developers retaining vegetation onsite at development projects. The total funds accepted in lieu of onsite preservation since 2013 is $241,865. In 2015, $121,918 was used as partial payment for another parcel outside of Winchester Head, leaving $119,947 remaining for acquisition. On August 14, 2016, three Winchester Head parcels totaling 5.01 acres were approved for acquisition by the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) with these specific funds and will be taken to the Board of County Commissioners (BCC) in September 2017 for approval. In addition, four parcels have been donated to Conservation Collier. • Current proposals being considered as part of the County’s Watershed Management Plan involve development of a Transfer of Development Rights (TDR) Program and a Watershed Mitigation Program in the North Golden Gate Estates, which could result in some parcels being stripped of development rights and deeded to Conservation Collier. ThreewoFive parcels have been acquired as offsite mitigation donations since 2013 within the project area, and one additional parcel (1.14 acres) was donated to offset Code Enforcement Liens, for a total of 6.16 acres donated. The first 1.14 acre parcel was donated by Breeze of Calusa on 12/9/14. A second parcel for 1.13 acres was donated by Mandalay Place on 3/10/15 (Exhibit 2). PNC property was donated on Formatted: Not Highlight Formatted: Not Highlight Formatted: No bullets or numbering November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 5 If additional properties cannot be acquired using the above means, or it becomes apparent that few properties can be acquired in this manner, Conservation Collier staff will seek to exercise a provision of the Conservation Collier ordinance (2007-65, Section 14.7 as amended) that allows for the exchange of lands within and between multi-parcel projects in accordance with the goals of the Program. The objective of any such exchanges will be to consolidate the areas owned by Collier County under the Conservation Collier program into one contiguous area. All acquired properties will be managed only for conservation, protection and enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and its surrounding lands. Public use of the site will not be practical until more contiguous properties within Winchester Head can be acquired and a boardwalk constructed, which is not presently funded. . This interim management plan is intended to update the key management priorities and issues within the site and give direction for management through 20195. This document is intended to be the precursor to a final management plan, which will provide more specific aspects of site management once a contiguous block of properties can be assembled in the center of the project. Key Interim Management Objectives 1. Monitor vegetation until a contiguous block in the center of the project can be acquired which will trigger vegetation management actions. 2. Explore opportunities for grant funding and partnerships for management. Action Plan 1a. Make semi-annual site visits to monitor the spread of any and all Category I and II invasive plant species within parcels. Once a contiguous tract at the center of the project is acquired, begin exotic plant management within this tract, if warranted. Continue monitoring the remainder of parcels. 2a. Seek grant funding opportunities for the removal of exotic flora. 2.0 Management Authority and Responsibilities The Conservation Collier Program, part of the Collier County Parks & Recreation Divisionepartment since October 2012, will be solely responsible for managing the Winchester Head parcels, but will also seek to obtain grants and form partnerships for management activities. 3.0 Interim Site Plan 3.1 Location and Site Description The Winchester Head Parcels are located east of Everglades Blvd. North, between 41st Ave NE and 35th Ave NE in Sections 8 & 17, Township 48 and Range 28 in Golden Gate Estates, Units 62 and 65 within Collier County, Florida. The southernmost parcels are located south of 37th Ave NE but do not extend to 35th Ave NE (Exhibits 1-5). The approximate center of the project is located at 26°18’9.67”N and 81°32’19.58”W. Winchester Head is comprised of Mixed Wetland Hardwoods (FLUCCS 617), Cypress November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 6 (FLUCCS 621), Cypress, Pine, Cabbage Palm (FLUCCS 624) and Freshwater Marsh (FLUCCS 641). Compared to the higher elevations of the lands surrounding Winchester Head, from 18 to 24 feet above sea level, the natural depression of this cypress area (Exhibit 6)at 15-17 feet below sea level, combined with the presence of hydric, poorly drained soils allows for water to collect and slowly percolate into the ground. Thus, Winchester Head is ideal for obligate and facultative wetland plant and animal species. Conservation Collier’s Winchester Head multi-parcel project is within the North Golden Gate Estates (NGGE) Flowway Restoration Project (Exhibit 7), which is an area of focus within the County’s Watershed Management Plan (WMP). The goal of this project is to reconnect the historic flowway and redirect storm water drainage away from NGGE's canals, allowing it to move south toward North Belle Meade and naturally low county areas while allowing ground absorption along the way. As part of the WMP, a Phase 1 and Phase II analysis of the flowway, which includes Winchester Head, have been completed. The Phase I estimated that Winchester Head contains approximately 414.7 acre-feet of storage based on an average, water surface elevation of 16.0 feet (North American Vertical Datum of 1988). The goal of reconnecting wetland systems within the NGGE has been incorporated into development of the County’s Watershed Management Plan, approved by the Board of County Commissioners in December 2011. The WMP includes structural projects and policy initiatives, both of which would affect the Winchester Head area. Structural projects include adding culverts and other water management structures. Policy initiatives include a potential TDR Program and a Watershed Mitigation Program. At present, no specific projects have been authorized. If Conservation Collier were to acquire and restore parcels within Winchester Head, this would serve WMP goals. However, the choice of projects determined for Winchester Head and north of Winchester Head within the flowway could affect how Conservation Collier approaches management. Structural projects could increase the volume of water stored within the WH project boundaries and thus alter proposed management actions, while a proposed TDR program could assist Conservation Collier in acquiring more parcels and getting more contiguous area under management. The WMP is addressed in this plan to provide a comprehensive view of the area and its importance. 3.2 Signage Signs denoting parcels as Conservation Land will be installed as contiguous parcels of 20 acres or more are acquired. 3.3 Easements, Concessions or Leases There are sixty-foot (60’) platted right-of-way and utility easements dedicated to Collier County, along 41st Ave. NE, 39th Ave NE, and 37th Ave NE. No other easements, concessions or leases currently exist within Winchester Head. No other easements, concessions or leases are proposed for the future, and would not be permitted unless they further conservation objectives, such as a conservation easement. 3.4 Structures No structures are present on the parcels at this time. Formatted: Indent: First line: 0.5" November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 7 3.5 Surrounding and Adjacent Land Uses Several single-family Golden Gate Estates zoned parcels – many of which have yet to be developed, surround Winchester Head. Everglades Blvd. North is west of the properties and the Faka Union canal is located to the east of the properties. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existing Vegetation: The following list identifies native plants observed during site visits: Swamp fern (Blechnum serrulatum), false nettle (Boehmeria cylindrica), arrowhead (Sagittaria spp.), sawgrass (Cladium jamaicense), royal fern (Osmunda regalis), pickerelweed (Pontederia cordata), cattail (Typha spp), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), willow (Salix spp.) and numerous species of native wetland grasses. Unique Natural Features: Winchester Head is comprised entirely of depressional cypress and marsh wetlands and therefore, provides habitat for wetland dependant species. Evidence onsite and data from the Southwest Florida Amphibian Monitoring Network 1 indicate that Winchester Head is used by wetland dependent species. Although it contributes only minimally to aquifer recharge, the area is a depressional feature in the landscape that holds water during the rainy season, enhancing water quality and offering flood protection to adjacent lands. Possible Listed Species: The observed habitat and location would support the presence of the following listed species: American alligator (Alligator misissippiensis), wood stork (Mycteria americana), limpkin (Aramus guarauna) and white ibis (Eudocimus albus). The Florida Fish and Wildlife Conservation Commission has documented Florida black bears (Ursus americanus floridanus) along the edges of the property. 4.2 Site Security At present, no known security issues exist within Winchester Head. Because Collier County currently owns 52 of the parcels, only some of which are contiguous, fencing will not be considered until a larger percentage of the parcels in the project area are acquired. 4.3 Exotic Vegetation Removal and Maintenance Plan Melaleuca (Melaleuca quinquenervia) and Brazilian pepper (Schinus terebinthifolius) are present around the edges of the entire project area and along the roadways that intersect the project – in a density of approximately 15 – 20%. Until more properties are acquired, Conservation Collier will not remove these invasive, exotic species. 1 The Southwest Florida Amphibian Monitoring Network represents a diverse group of citizen volunteers organized for the purpose of monitoring amphibians (mostly frogs) in southwest Florida Website: http://www.frogwatch.net/ November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 8 If old world climbing fern (Lygodium microphyllum) is observed on any acquired properties, Conservation Collier will remove and/or treat this species.. Conservation Collier staff will field locate property lines and direct contractors to County owned parcels within Winchester Head. All located old world climbing fern infested areas within Winchester Head will be treated during the dry season. All parcels acquired through offsite mitigation donations came with management funds. These parcels will be treated on an annual basis. If a larger percentage of contiguous parcels are not acquired by 20197, this plan will be updated and recommendations made to address any existing exotic vegetation infestation. 4.4 Cultural, Historical and Archeological Resource Protection Winchester Head is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present in the property. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are present within the Winchester Head project. If such properties are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Collier County Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). The collection of artifacts or the disturbance of archaeological and historic sites within Winchester Head will be prohibited unless prior authorization has been obtained from the Collier County Board of County Commissioners and the Department of State, Division of Historical Resources. 4.5 Public Access Public access will not be addressed until a larger percentage of contiguous parcels within Winchester Head are acquired or parcels are consolidated and a Final Management Plan is prepared. 4.6 Site Monitoring Plan Monitoring of the site shall consist of a walk-through by staff at semi-annual intervals. Any treatment and retreatment of exotic vegetation is dependent on the amount of contiguous acreage acquired. Conservation Collier shall be responsible for this treatment with tasks contracted out as deemed necessary. Prior to any land management activities, photo monitoring points will also be established at strategic locations within the project area to monitor vegetation communities. November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 9 4.7 Partnerships The South Florida Water Management District Big Cypress Basin may have interest in partnership and will be approached to determine interest. Conservation Collier will work closely with the Growth Management Division as the Watershed Management Plan projects come to fruition. November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 10 5.0 Exhibits EXHIBIT 1: Location Map November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 11 November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 12 November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 13 EXHIBIT 2: Aerial Map November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 14 November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 15 EXHIBIT 3: Winchester Head Boundary and Golden Gates Estates Tract Numbers November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 16 EXHIBIT 4: Golden Gates Estates Unit 62 Plat Map November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 17 EXHIBIT 5: Golden Gates Estates Unit 65 Plat Map November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 18 EXHIBIT 6: Winchester Head Light Detection and Ranging Map November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 19 EXHIBIT 7: Location of the North Golden Gate Estates Flowway Restoration Project November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 20 EXHIBIT 8: Estimated Cost Table Management Element Initial Cost Annual Recurring Costs Comments Exotics Control - Over the entire project area t.b.d t.b.d Exotic removal would be most cost effective when some amount of contiguous acreage can be assembled. Exotics Control - For currently owned parcels $50,000 $10,000 Exotic removal would be most cost effective when some amount of contiguous acreage could be assembled. Estimates are based on 20% exotics over currently owned scattered parcels - 8075.11 acres Raised boardwalk t.b.d. t.b.d. Wish-list status. Current estimates run at $550 per linear foot – not including design, permitting and construction. Grants can be sought to assist with costs in the future if funding is identified. Trash Removal t.b.d. t.b.d. Large items to be done on a lump sum contract basis with cost being site specific. Staff does not recommend providing trash barrels at this time. Signs $800 n/a 4 conservation area & prohibited activities signs ($200 each) Total $50,800 $10,000 Total estimated costs cover entire project area EXHIBIT 9: Estimated Implementation Time Line November 2017July 2015 Conservation Collier: Winchester Head Project Extended IMP 21 Monitoring Site Visit Seek Partnerships Completion of final management plan (or update of interim management plan if acquired parcels are still scattered) Jan-13 x April-13 x x July-13 x Oct-13 x Jan-14 x x April-14 x July-14 x Oct-14 x Jan-15 x x April-15 x July-15 x Oct-15 x x