Agenda 10/28/2014 Item #16D 110/28/2014 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign three Memorandums of
Agreement with the Florida Fish and Wildlife Conservation Commission to allow youth hunts for
Collier County residents at Pepper Ranch Preserve in November 2014, January 2015, and
February 2015.
OBJECTIVE: To facilitate Florida Fish and Wildlife Conservation Commission (FWC)
sponsored youth hunts at Pepper Ranch Preserve.
CONSIDERATIONS: At its January 12, 2010 meeting, Agenda Item IOD, the Board directed
the County Attorney and County Manager to work with FWC to coordinate a youth hunt
program (Youth Hunt or Program) for Collier County residents at Pepper Ranch Preserve.
This item is to seek Board approval of three Youth Hunt Memorandums of Agreement. By
entering into these agreements with FWC, the Board will become a volunteer landowner with the
Program, thereby allowing FWC administered youth hunts for Collier County residents to occur
at Pepper Ranch Preserve. Adult volunteers who have successfully passed a criminal background
history, and are qualified, will plan and facilitate the hunts.
Participants in the Youth Hunting Program of Florida must:
■ be 12 to 17 years old;
■ complete and submit the Youth Hunting Program of Florida Application. (Attached as
back -up for informational purposes);
■ complete the Florida Hunter Safety Program;
• be accompanied by a parent or guardian;
• complete a Marksmanship Certification. (Attached as back -up for informational
purposes);
• complete the Unconditional Release of Liability Risks form. (Attached as back -up for
informational purposes);
■ submit a refundable deposit to secure position once selected for a youth hunt to insure all
youth hunting opportunities are utilized.
The Memorandums of Agreement and Unconditional Release of Liability Risks form have been
reviewed by the County's Risk Management Department and are acceptable. The Final
Management Plan for Pepper Ranch Preserve, approved by the Board on June 28, 2011, Agenda
Item 16E6, includes youth hunts as an allowed activity.
FWC has previously administered youth hunts where hunting was limited to county residents.
FWC advises that such limitation often results in the youth hunt not being full. As such, FWC
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10/28/2014 16.D.1.
will first accept youths that are Collier County residents, and, if the hunt is not full, it will open
the hunt up to non - Collier County residents. Such residency guidelines are referenced in Exhibit
A of the Youth Hunt Memorandums of Agreement.
Staff is recommending that the chairman sign the Youth Hunt Memorandums of Agreement prior
to FWC, because it is FWC policy to sign all Youth Hunt Memorandums of Agreement after the
Landowner has signed.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: The Agreement was derived from the FWC standard form
agreement and had been approved for form and legality. This item requires a majority vote for
Board action. — JAB
RECOMMENDATION: That the Board approves and authorizes the Chairman to sign three
Memorandums of Agreement to allow Youth Hunts for Collier County residents at Pepper Ranch
Preserve in November 2014, January 2015, and February 2015.
PREPARED BY: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation
Department
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10/28/2014 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve, and authorize the Chairman to sign, three
Memorandums of Agreement with the Florida Fish and Wildlife Conservation Commission to
allow youth hunts for Collier County residents at Pepper Ranch Preserve in November 2014,
January 2015, and February 2015.
Meeting Date: 10/28/2014
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Beach & Water
9/23/2014 8:19:36 AM
Submitted by
Title: Environmental Specialist, Senior, Conservation Collier
Name: HennigMelissa
9/23/2014 8:19:37 AM
Approved By
Name: HennigMelissa
Title: Environmental Specialist, Senior, Conservation Collier
Date: 9/23/2014 9:08:31 AM
Name: WilliamsBarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 9/24/2014 4:30:38 PM
Name: Washburnllonka
Title: Manager - Park Operations, Parks & Recreation
Date: 9/29/2014 3:00:59 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 10/1/2014 3:48:29 PM
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10/28/2014 16.D.1.
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/8/2014 3:47:47 PM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 10/13/2014 4:42:30 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 10/14/2014 9:20:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2014 3:00:13 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/20/2014 11:24:54 AM
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FWC Youth Hunt Agreement No.ZY—/.V
MEMORANDUM OF AGREEMENT
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o /b /o Collier County
AND
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
THIS AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian
Street, Tallahassee, Florida 32399 -1600, hereafter "COMMISSION," and Collier County whose
address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter "LANDOWNER."
NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations
hereafter set forth, agree as follows:
1. TERM: This Agreement shall begin February 27, 2015, and shall remain in effect for
three days as outlined in Exhibit A – Youth Hunting Program of Florida Youth Hunt
Announcement Form.
2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch
Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined
on the map provided in Exhibit B attached hereto (the "Premises ").
3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and
limitations upon the establishment of and the uses of the lands listed above for the express
purpose of providing a Commission - sponsored activity as described in Exhibit A – Youth
Hunting Program of Florida Youth Hunt Announcement Form – by the COMMISSION to
enhance, encourage and educate youth in the use of safe and practical hunting and fishing
techniques and tactics in the outdoors.
4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto
the property to plan, improve and otherwise make provisions for use under the terms of this
Agreement.
The use of the Premises for a Commission- sponsored youth hunting activity as
described in Exhibit A shall be for the management of wildlife and /or aquatic life as outlined in
Exhibit A, including, but not limited to, the implementation of programs for public hunting and
fishing by all legal means, and programs for a variety of non - consumptive uses of wildlife by the
public.
The use of the Premises for a youth hunt, except as herein provided, shall be consistent
with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be
limited to the number of pre- determined youth hunters as outlined in Exhibit A. The
LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the
exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify
COMMISSION in advance of any other hunting or other activities taking place on the premises
that may present a danger to human life or health, or that may affect or interfere with the
activities described in Exhibit A.
5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION
shall have free and full access to the Premises during the term for the purpose of administering
youth training programs, and the LANDOWNER shall take reasonable steps to provide such
free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no
duty of care to keep the Premises safe for entry or use by others, or to give warning to others
entering or going on the Premises, as set forth in Fla, Stat. § 375.251.
Page 1 of 4
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FWC Youth Hunt Agreement No. ZY/o ,P
6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER
before using any facilities or locating any temporary structure, including any hunting blinds or
treestands, as herein provided. No structure shall be located permanently on the Premises
without the prior written approval of the LANDOWNER.
7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the
best of its ability, maintain the Premises in a clean and natural state and prevent and remove all
litter and debris on the Premises arising from the uses of the land for a Commission - sponsored
youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION
shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful
authority, prevent cutting or removing trees by any person.
8. LIABILITY: To the extent provided by, and subject to the limitations and conditions
specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage
resulting in whole or in part from its use of the Premises under the terms of this Agreement.
Nothing contained herein shall be construed as a waiver of any limitation of that the
COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing
limitations on claims. In addition, nothing contained herein shall be construed as a waiver of
any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public
for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing
limitations on claims against the LANDOWNER.
COMMISSION agrees to provide a written notice of FS 375.251 to all person(s)
volunteering or participating in this activity before the scheduled hunt or at the time of entry
upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS
375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S
property. (Exhibit C)
LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit
A above the reimbursement of reasonable costs or expenses associated with the execution of
this agreement. LANDOWNER understands that the limitation of liability extended to an owner
or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for
outdoor recreational purposes and no other revenue is derived from patronage of the area for
outdoor recreational purposes.
LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or
property as doing so could void LANDOWNERS rights under FS 375.251.
9. TERMINATION: Either party may terminate this Agreement by giving written notice to
the other party specifying the termination date, by certified mail, return receipt requested, at
least thirty (30) days prior to the termination date specified in the notice. Either party hereto
shall have the right to immediately terminate this Agreement upon written notice to the other
party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement.
10. NOTICE: Unless a notice of change of address is given, any and all notices shall be
delivered to the parties at the following addresses:
LANDOWNER COMMISSION
Board of County Commissioners Diane Eggeman
of Collier County Florida Fish and Wildlife Conservation Commission
3299 Tamiami Trail, East 620 South Meridian Street
Naples, FL 34112 Tallahassee, FL 32399 -1600
QQ
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FWC Youth Hunt Agreement No. /
11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of
any covenant, condition, or limitation herein contained shall be valid unless in writing and
lawfully executed by the parties.
12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement
may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow
public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with
this Agreement.
13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in
conjunction with this Agreement shall be public records and shall be treated in the same manner
as other public records are under Chapter 119, Florida Statutes.
14. NON - DISCRIMINATION: No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section
287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or
services to a public entity; may not submit a bid, proposal or reply on a agreement with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the
State of Florida and shall be construed in accordance with the laws of Florida. Wherever
possible, each provision of this Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon
County, Florida.
17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement
be construed to grant any rights, privileges or interest to any third party.
18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive
trial by jury in any action or proceeding brought by any party against any other party pertaining
to any matter whatsoever arising out of or in any way connected with this Agreement.
19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits
represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have
been reduced to writing, and duly signed by each of the parties hereto, unless otherwise
provided herein.
Page 3 of 4
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10/28/2014 16.D.1.
FWC Youth Hunt Agreement No.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed through their duly authorized signatories on the day and year last written
below.
Witness
Witness
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
By:
Jennifer A. Belpedio
Assistant County Attorney
Florida Fish and Wildlife Conservation
Commission
Diane Roth Eggeman, Director
Division of Hunting and Game Management
LANDOWNER
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
IN
Tom Henning, CHAIRMAN
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EXHIBIT
F
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10/28/2014 16.D.1.
DETAILS OF YOUTH HUNT
Name of Ranch /Hunting Club:
Date of Youth Hunt: Emergency Phone # During Youth Hunt:
Collier County Pepper Ranch Preserve
February 27 -28 and 239- 289 -2934
March 1. 2015
Location of Youth Hunt (Nearby City /Town and County):
Immokalee / Collier County
Landowner Contact Information (Name, Address, Street) State
Zip
Melissa Hennig, 15000 Livingston Rd., Naples FL
34112
Huntmaster(s):
Wayne Jenkins
Huntmaster Phone (please include area codes)
239 -455 -8109
1 Evening 239 -455 -8109 Cell 239 -580 -8094
i
Hunt information
Type of Hunt (deer, varmint, hogs, turkey, etc.)
Turkey
Number of youth hunters:
5 - *Participation is limited to full -time and part-time residents of Collier County unless hunt is not full* 1
Number of youth hunters landowner will supply:
Will hunters be camping? I
5 - *COLLIER COUNTY YOUTH ONI.,Y*
Yes{
Will you need equipment and /or supplies from Are there cooking facilities available? N Yes ❑ No
Tallahassee office? ❑ Yes No If yes, please describe: Oven and stove inside lodge
If yes, please describe:
i
i
Will you need food or help making food f Additional comments: i
arrangements? ❑ Yes 0 No County owned property - volunteers provided by County
Huntmaster is responsible for all food Contact: Melissa H. melissahennig(a-)colliergov.net
arrangements. 239- 252 -2957
*Der Collier County's reauest
Youth Hunting Program of Florida
c/o Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399 -1600
(850) 413 -0084 (850) 413 -7989 (fax)
MyFWC.com
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EXHIBIT B
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10/28/2014 16.D.1.
10/28/2014 16.D.1.
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EXHIBIT C
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(Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuous
place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION
sponsored Youth Hunting Program of Florida youth hunt.)
READ THIS NOTICE COMPLETELY AND CAREFULLY.
BY PARTICIPATING IN THIS ACTIVITY ON THIS
PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR
RIGHT TO RECOVER FROM THE LANDOWNER IN A
LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING
DEATH, TO YOU AND /QR YOUR CHILD AND /OR ANY
PROPERTY DAMAGE THAT RESULTS FROM THE
RISKS THAT ARE A NATURAL PART OF
PARTICIPATING IN THIS ACTIVITY.
FOR MORE INFORMATION READ THE FOLLOWING.
Florida Statute 375.251 Limitation on liability of persons making available to
public certain areas for recreational purposes without charge.—
(1) The purpose of this section is to encourage persons to make land, water
areas, and park areas available to the public for outdoor recreational purposes by
limiting their liability to persons using these areas and to third persons who may
be damaged by the acts or omissions of persons using these areas.
(2)(a) An owner or lessee who provides the public with an area for outdoor
recreational purposes owes no duty of care to keep that area safe for entry or use
by others, or to give warning to persons entering or going on that area of any
hazardous conditions, structures, or activities on the area. An owner or lessee
who provides the public with an area for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any
purpose;
2. Does not incur any duty of care toward a person who goes on the area; or
3. Is not liable or responsible for any injury to persons or property caused by the
act or omission of a person who goes on the area. (Continued on Next Page)
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10/28/2014 16.D.1.
(b) Notwithstanding the inclusion of the term "public" in this subsection and
subsection (1), an owner or lessee who makes available to any person an area
primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the
limitation on liability provided herein so long as the owner or lessee provides
written notice of this provision to the person before or at the time of entry upon
the area or posts notice of this provision conspicuously upon the area.
(c) The Legislature recognizes that an area offered for outdoor recreational
purposes may be subject to multiple uses. The limitation of liability extended to
an owner or lessee under this subsection applies only if no charge is made for
entry to or use of the area for outdoor recreational purposes and no other
revenue is derived from patronage of the area for outdoor recreational purposes.
(3)(a) An owner of an area who enters into a written agreement concerning the
area with the state for outdoor recreational purposes, where such agreement
recognizes that the state is responsible for personal injury, loss, or damage
resulting in whole or in part from the state's use of the area under the terms of
the agreement subject to the limitations and conditions specified in s. 768.28,
owes no duty of care to keep the area safe for entry or use by others, or to give
warning to persons entering or going on the area of any hazardous conditions,
structures, or activities thereon. An owner who enters into a written agreement
concerning the area with the state for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any
purpose;
2. Does not incur any duty of care toward a person who goes on the area that is
subject to the agreement; or
3. Is not liable or responsible for any injury to persons or property caused by the
act or omission of a person who goes on the area that is subject to the
agreement.
(b) This subsection applies to all persons going on the area that is subject to the
agreement, including invitees, licensees, and trespassers.
(c) It is the intent of this subsection that an agreement entered into pursuant to
this subsection should not result in compensation to the owner of the area above
reimbursement of reasonable costs or expenses associated with the agreement.
An agreement that provides for such does not subject the owner or the state to
liability even if the compensation exceeds those costs or expenses. This
paragraph applies only to agreements executed after July 1, 2012.
(4) This section does not relieve any person of liability that would otherwise exist
for deliberate, willful, or malicious injury to persons or property. This section
does not create or increase the liability of any person.
(5) As used in this section, the term:
(a) "Area" includes land, water, and park areas.
(b) "Outdoor recreational purposes" includes, but is not limited to, hunting,
fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure
driving, nature study, water skiing, motorcycling, and visiting historical,
archaeological, scenic, or scientific sites.
History. —ss. 1, 2, 3, 4, 5, ch. 63 -313; s. 1, ch. 75 -17; s. 7, ch. 87 -328; s. 1, ch. 2012 -203.
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FWC Youth Hunt Agreement No. ZZA %
MEMORANDUM OF AGREEMENT
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o /b /o Collier County
AND
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
THIS AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian
Street, Tallahassee, Florida 32399 -1600, hereafter "COMMISSION," and Collier County whose
address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter "LANDOWNER."
NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations
hereafter set forth, agree as follows:
1. TERM: This Agreement shall begin January 16, 2015, and shall remain in effect for
three days as outlined in Exhibit A — Youth Hunting Program of Florida Youth Hunt
Announcement Form.
2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch
Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined
on the map provided in Exhibit B attached hereto (the "Premises ").
3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and
limitations upon the establishment of and the uses of the lands listed above for the express
purpose of providing a Commission - sponsored activity as described in Exhibit A — Youth
Hunting Program of Florida Youth Hunt Announcement Form — by the COMMISSION to
enhance, encourage and educate youth in the use of safe and practical hunting and fishing
techniques and tactics in the outdoors.
4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto
the property to plan, improve and otherwise make provisions for use under the terms of this
Agreement.
The use of the Premises for a Commission - sponsored youth hunting activity as
described in Exhibit A shall be for the management of wildlife and /or aquatic life as outlined in
Exhibit A, including, but not limited to, the implementation of programs for public hunting and
fishing by all legal means, and programs for a variety of non- consumptive uses of wildlife by the
public.
The use of the Premises for a youth hunt, except as herein provided, shall be consistent
with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be
limited to the number of pre- determined youth hunters as outlined in Exhibit A. The
LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the
exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify
COMMISSION in advance of any other hunting or other activities taking place on the premises
that may present a danger to human life or health, or that may affect or interfere with the
activities described in Exhibit A.
5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION
shall have free and full access to the Premises during the term for the purpose of administering
youth training programs, and the LANDOWNER shall take reasonable steps to provide such
free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no
duty of care to keep the Premises safe for entry or use by others, or to give warning to others
entering or going on the Premises, as set forth in Fla. Stat. § 375.251.
Page 1 of 4
Packet Page -1415-
10/28/2014 16.D.1.
FWC Youth Hunt Agreement No. 7
6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER
before using any facilities or locating any temporary structure, including any hunting blinds or
treestands, as herein provided. No structure shall be located permanently on the Premises
without the prior written approval of the LANDOWNER.
7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the
best of its ability, maintain the Premises in a clean and natural state and prevent and remove all
litter and debris on the Premises arising from the uses of the land for a Commission - sponsored
youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION
shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful
authority, prevent cutting or removing trees by any person.
8. LIABILITY: To the extent provided by, and subject to the limitations and conditions
specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage
resulting in whole or in part from its use of the Premises under the terms of this Agreement.
Nothing contained herein shall be construed as a waiver of any limitation of that the
COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing
limitations on claims. In addition, nothing contained herein shall be construed as a waiver of
any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public
for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing
limitations on claims against the LANDOWNER.
COMMISSION agrees to provide a written notice of FS 375.251 to all person(s)
volunteering or participating in this activity before the scheduled hunt or at the time of entry
upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS
375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S
property. (Exhibit C)
LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit
A above the reimbursement of reasonable costs or expenses associated with the execution of
this agreement. LANDOWNER understands that the limitation of liability extended to an owner
or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for
outdoor recreational purposes and no other revenue is derived from patronage of the area for
outdoor recreational purposes.
LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or
property as doing so could void LANDOWNERS rights under FS 375.251.
9. TERMINATION: Either party may terminate this Agreement by giving written notice to
the other party specifying the termination date, by certified mail, return receipt requested, at
least thirty (30) days prior to the termination date specified in the notice. Either parry hereto
shall have the right to immediately terminate this Agreement upon written notice to the other
party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement.
10. NOTICE: Unless a notice of change of address is given, any and all notices shall be
delivered to the parties at the following addresses:
LANDOWNER COMMISSION
Board of County Commissioners Diane Eggeman
of Collier County Florida Fish and Wildlife Conservation Commission
3299 Tamiami Trail, East 620 South Meridian Street
Naples, FL 34112 Tallahassee, FL 32399 -1600
Page 2 of 4
Packet Page -1416-
10/28/2014 16.D.1.
FWC Youth Hunt Agreement No. ly4
11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of
any covenant, condition, or limitation herein contained shall be valid unless in writing and
lawfully executed by the parties.
12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement
may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow
public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with
this Agreement.
13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in
conjunction with this Agreement shall be public records and shall be treated in the same manner
as other public records are under Chapter 119, Florida Statutes.
14. NON - DISCRIMINATION: No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section
287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or
services to a public entity; may not submit a bid, proposal or reply on a agreement with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the
State of Florida and shall be construed in accordance with the laws of Florida. Wherever
possible, each provision of this Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon
County, Florida.
17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement
be construed to grant any rights, privileges or interest to any third party.
18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive
trial by jury in any action or proceeding brought by any party against any other party pertaining
to any matter whatsoever arising out of or in any way connected with this Agreement.
19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits
represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have
been reduced to writing, and duly signed by each of the parties hereto, unless otherwise
provided herein.
Page 3 of 4
Packet Page -1417-
10/28/2014 16.D.1.
FWC Youth Hunt Agreement No. 1411a 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed through their duly authorized signatories on the day and year last written
below.
Witness
Witness
ATTEST:
DWIGHT E. BROCK, CLERK
LIM
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney 11
N\
Florida Fish and Wildlife Conservation
Commission
Diane Roth Eggeman, Director
Division of Hunting and Game Management
LANDOWNER
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Tom Henning, CHAIRMAN
Page 4 of 4
Packet Page -1418-
10/28/2014 16. D.1.
EXHIBIT
Packet Page -1419-
10/28/2014 16.D.1.
rl RVATION COMNUSSI<OD
DETAILS OF YOUTH HUNT
Name of Ranch /Hunting Club.
E Collier County Pepper Ranch Preserve
Date of Youth Hunt: Emergency Phone # During Youth Hunt:
January 16 -18, 2015 j 239 - 289 -2934 I
Location of Youth Hunt (Nearby City /Town and County):
Immokalee / Collier County
i 1
Landowner Contact Information (Name, Address, Street) State
Melissa Hennig, 3335
Zip
Tamiami Trail East, Suite 101 FL
34112
Huntmaster(s):
Wayne Jenkins
Huntmaster Phone (please include area codes) t
239 - 455 -810 8 Evening 239 - 455 -8109 Cell 239 -580 -8094
Hunt Infor.matipn
1 Type of Hunt (deer• varmint, hogs, turkey, etc.)
Hog
-
Number of youth hunters:
5 - *Participation is limited to full -time and part-time residents of Collier County unless hunt is not full*
Number of youth hunters landowner will supply:
Will hunters be camping?
5 - *COLLIER COUNTY YOUTH ONLY*
! Yes
1
Will you need equipment and /or supplies from Are there cooking facilities available? N Yes ❑ No
Tallahassee office'? ❑ Yes ® No If yes, please describe: Oven and stove inside lodge
If yes, please describe:
{
t
j
Will you need food or help making food I Additional comments:
I
arrangements? El Yes E No County owned property- volunteers provided by County
i Iluntmaster is responsible for all food Contact: Melissa H. melissahennia(�colliergov.net
arrangements.
239- 252 -2957
*per Collier County's request
Youth Hunting* Program of Florida
c %a Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399 -1600
(850) 413 -0084 (850) 413 -7989 (fax) i
MvFWC.com
s: �nnuiocvemenrs'a, or�yile "Jorms�rhpl Rer. IW0510!
Packet Page -1420- mot.
Packet Page -1421-
10/28/2014 16. D.1.
�� e
10/28/2014 16.D.1.
Pepper Ranch Preserve Legal Description
7,mcpefty Tw-. Iden,4z_H'tc;.-qt*n Number, 00,_"5
:-:.a S' !-Ia!` : :E ± E-as, Haft
So-
Ram-ge 28 East. -_,.�,diier """o-unty, Fionda, mwe 08""J::"Ularl
Pan ple 2"" :EwS" ':.�Oliier Cnun!v, t*'ence run z
the soutt ;in ' or trie Southeast QUarie-,- 13='/4) of Said Se-tjan jo- a
i -i Z2
dttance of 132C_73F, feet to the Pain', a' Beginnin; or parcel i f $an,
the 511,jtheast �:h;arter of sair,, Sec-ion '2_2, for a dislance ZK�."Dc_�
t
{'.w t h_� -_ e ra n N CXCI W f of t"�ence rur"
NI C"' 33r 3-
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en
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t�-,e Point cf Seginning cif -ne- oT Br,,,_
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Packet Page -1422-
10/28/2014 16.D.1.
mm
Orcmemy 7a�: Numoer
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TOMF-z 10 Soon Ra-pf 21 Easn
mm
7a,,, "Number:
Solon M Townswr 40 Snam %
initari; i r,to
64-5,47 acre.-,, mo�e or tesEj
KKID,
Vowny Tax memtcatu-r!
heas",
acres: mara or iess,
AND,
�'a can: in a m7n, of siv=m Z
Once- lZmTy Planna less he NOW 7452,H thew lherec)-,*
GE - - I Me Sr-,�,'rivoW.s- .SVi'%�, � 7-
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=�Soms SG* 2715 0 Page 5. ti_
Y Easy, 2- -mnsna, Au Soot Range a asn vajo, Tv.. om�,F
c-
Packet Page -1423-
7
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em
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10/28/2014 16.D.1.
The �72,zf ;4,a;f il::% =?,S` yta�if IVmse Nori',Ihriwev
'he 'Ile
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of lh So, heas� ah�a-,,e! Of the Nor"Lrywest Quaner tils:
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he zf�remenbonet parceis equates to 2.5"' .9 acres. more or less,
Packet Page -1424-
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Pepper Ranch Preserve
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10/28/2014 16. D.1.
EXHIBIT C
Packet Page -1426-
10/28/2014 16.D.1.
(Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuous
place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION
sponsored Youth Hunting Program of Florida youth hunt.)
READ THIS NOTICE COMPLETELY AND CAREFULLY.
BY PARTICIPATING IN THIS ACTIVITY ON THIS
PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR
RIGHT TO RECOVER FROM THE LANDOWNER IN A
LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING
DEATH, TO YOU AND /OR YOUR CHILD AND /OR ANY
PROPERTY DAMAGE THAT RESULTS FROM THE
RISKS THAT ARE A NATURAL PART OF
PARTICIPATING IN THIS ACTIVITY.
FOR MORE INFORMATION READ THE FOLLOWING.
Florida Statute 375.251 Limitation on liability of persons making available to
public certain areas for recreational purposes without charge.—
(1) The purpose of this section is to encourage persons to make land, water
areas, and park areas available to the public for outdoor recreational purposes by
limiting their liability to persons using these areas and to third persons who may
be damaged by the acts or omissions of persons using these areas.
(2)(a) An owner or lessee who provides the public with an area for outdoor
recreational purposes owes no duty of care to keep that area safe for entry or use
by others, or to give warning to persons entering or going on that area of any
hazardous conditions, structures, or activities on the area. An owner or lessee
who provides the public with an area for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any
purpose;
2. Does not incur any duty of care toward a person who goes on the area; or
3. Is not liable or responsible for any injury to persons or property caused by the
act or omission of a person who goes on the area. (Continued on Next Page)
Packet Page -1427-
10/28/2014 16.D.1.
(b) Notwithstanding the inclusion of the term "public" in this subsection and
subsection (1), an owner or lessee who makes available to any person an area
primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the
limitation on liability provided herein so long as the owner or lessee provides
written notice of this provision to the person before or at the time of entry upon
the area or posts notice of this provision conspicuously upon the area.
(c) The Legislature recognizes that an area offered for outdoor recreational
purposes may be subject to multiple uses. The limitation of liability extended to
an owner or lessee under this subsection applies only if no charge is made for
entry to or use of the area for outdoor recreational purposes and no other
revenue is derived from patronage of the area for outdoor recreational purposes.
(3)(a) An owner of an area who enters into a written agreement concerning the
area with the state for outdoor recreational purposes, where such agreement
recognizes that the state is responsible for personal injury, loss, or damage
resulting in whole or in part from the state's use of the area under the terms of
the agreement subject to the limitations and conditions specified in s. 753.28,
owes no duty of care to keep the area safe for entry or use by others, or to give
warning to persons entering or going on the area of any hazardous conditions,
structures, or activities thereon. An owner who enters into a written agreement
concerning the area with the state for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any
purpose;
2. Does not incur any duty of care toward a person who goes on the area that is
subject to the agreement; or
3. Is not liable or responsible for any injury to persons or property caused by the
act or omission of a person who goes on the area that is subject to the
agreement.
(b) This subsection applies to all persons going on the area that is subject to the
agreement, including invitees, licensees, and trespassers.
(c) It is the intent of this subsection that an agreement entered into pursuant to
this subsection should not result in compensation to the owner of the area above
reimbursement of reasonable costs or expenses associated with the agreement.
An agreement that provides for such does not subject the owner or the state to
liability even if the compensation exceeds those costs or expenses. This
paragraph applies only to agreements executed after July 1, 2012.
(4) This section does not relieve any person of liability that would otherwise exist
for deliberate, willful, or malicious injury to persons or property. This section
does not create or increase the liability of any person.
(5) As used in this section, the term:
(a) "Area" includes land, water, and park areas.
(b) 'Outdoor recreational purposes" includes, but is not limited to, hunting,
fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure
driving, nature study, water skiing, motorcycling, and visiting historical,
archaeological, scenic, or scientific sites.
story. —ss. 1, 2, 3, 4, 5, ch. 63 -313; s. 1, ch. 75 -17; s. 7, ch. 87 -328; s. 1, ch. 2012 -203.
Packet Page -1428-
10/28/2014 16.D.1.
FWC Youth Hunt Agreement No.! yla G
MEMORANDUM OF AGREEMENT
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o /b /o Collier County
AND
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
THIS AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian
Street, Tallahassee, Florida 32399 -1600, hereafter "COMMISSION," and Collier County whose
address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter "LANDOWNER."
NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations
hereafter set forth, agree as follows:
1. TERM: This Agreement shall begin November 14, 2014, and shall remain in effect for
three days as outlined in Exhibit A — Youth Hunting Program of Florida Youth Hunt
Announcement Form.
2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch
Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined
on the map provided in Exhibit B attached hereto (the "Premises ").
3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and
limitations upon the establishment of and the uses of the lands listed above for the express
purpose of providing a Commission - sponsored activity as described in Exhibit A — Youth
Hunting Program of Florida Youth Hunt Announcement Form — by the COMMISSION to
enhance, encourage and educate youth in the use of safe and practical hunting and fishing
techniques and tactics in the outdoors.
4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto
the property to plan, improve and otherwise make provisions for use under the terms of this
Agreement.
The use of the Premises for a Commission - sponsored youth hunting activity as
described in Exhibit A shall be for the management of wildlife and /or aquatic life as outlined in
Exhibit A, including, but not limited to, the implementation of programs for public hunting and
fishing by all legal means, and programs for a variety of non - consumptive uses of wildlife by the
public.
The use of the Premises for a youth hunt, except as herein provided, shall be consistent
with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be
limited to the number of pre- determined youth hunters as outlined in Exhibit A. The
LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the
exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify
COMMISSION in advance of any other hunting or other activities taking place on the premises
that may present a danger to human life or health, or that may affect or interfere with the
activities described in Exhibit A.
5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION
shall have free and full access to the Premises during the term for the purpose of administering
youth training programs, and the LANDOWNER shall take reasonable steps to provide such
free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no
duty of care to keep the Premises safe for entry or use by others, or to give warning to others
entering or going on the Premises, as set forth in Fla. Stat. § 375.251.
Page 1 of 4
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FWC Youth Hunt Agreement No. /(o
6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER
before using any facilities or locating any temporary structure, including any hunting blinds or
treestands, as herein provided. No structure shall be located permanently on the Premises
without the prior written approval of the LANDOWNER.
7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the
best of its ability, maintain the Premises in a clean and natural state and prevent and remove all
litter and debris on the Premises arising from the uses of the land for a Commission- sponsored
youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION
shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful
authority, prevent cutting or removing trees by any person.
8. LIABILITY: To the extent provided by, and subject to the limitations and conditions
specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage
resulting in whole or in part from its use of the Premises under the terms of this Agreement.
Nothing contained herein shall be construed as a waiver of any limitation of that the
COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing
limitations on claims. In addition, nothing contained herein shall be construed as a waiver of
any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public
for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing
limitations on claims against the LANDOWNER.
COMMISSION agrees to provide a written notice of FS 375.251 to all person(s)
volunteering or participating in this activity before the scheduled hunt or at the time of entry
upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS
375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S
property. (Exhibit C)
LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit
A above the reimbursement of reasonable costs or expenses associated with the execution of
this agreement. LANDOWNER understands that the limitation of liability extended to an owner
or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for
outdoor recreational purposes and no other revenue is derived from patronage of the area for
outdoor recreational purposes.
LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or
property as doing so could void LANDOWNERS rights under FS 375.251.
9. TERMINATION: Either party may terminate this Agreement by giving written notice to
the other party specifying the termination date, by certified mail, return receipt requested, at
least thirty (30) days prior to the termination date specified in the notice. Either party hereto
shall have the right to immediately terminate this Agreement upon written notice to the other
party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement.
10. NOTICE: Unless a notice of change of address is given, any and all notices shall be
delivered to the parties at the following addresses:
LANDOWNER COMMISSION
Board of County Commissioners Diane Eggeman
of Collier County Florida Fish and Wildlife Conservation Commission
3299 Tamiami Trail, East 620 South Meridian Street
Naples, FL 34112 Tallahassee, FL 32399 -1600
so
Page 2 of 4
ED
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FWC Youth Hunt Agreement No. Z�/6
11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of
any covenant, condition, or limitation herein contained shall be valid unless in writing and
lawfully executed by the parties.
12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement
may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow
public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with
this Agreement.
13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in
conjunction with this Agreement shall be public records and shall be treated in the same manner
as other public records are under Chapter 119, Florida Statutes.
14. NON - DISCRIMINATION: No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section
287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or
services to a public entity; may not submit a bid, proposal or reply on a agreement with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the
State of Florida and shall be construed in accordance with the laws of Florida. Wherever
possible, each provision of this Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon
County, Florida.
17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement
be construed to grant any rights, privileges or interest to any third party.
18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive
trial by jury in any action or proceeding brought by any party against any other party pertaining
to any matter whatsoever arising out of or in any way connected with this Agreement.
19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits
represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have
been reduced to writing, and duly signed by each of the parties hereto, unless otherwise
provided herein.
Page 3 of 4
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FWC Youth Hunt Agreement No. 7//01 G
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed through their duly authorized signatories on the day and year last written
below.
Witness
Witness
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legality:
Florida Fish and Wildlife Conservation
Commission
Diane Roth Eggeman, Director
Division of Hunting and Game Management
LANDOWNER
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Lofn
Jennifer A. Belpedio `DC
Assistant County Attorney
Tom Henning. CHAIRMAN
Rio
Page 4 of 4
,s
b�
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EXHIBIT
Packet Page -1433-
10/28/2014 16.D.1.
DETAILS :OF YOUTH HUNT
Name of Ranch /Hunting Club: Date of Youth Hunt: Emergency Phone # During Youth Hunt:
Collier County Pepper Ranch Preserve November 14 -16, 2014 239 - 289 -2934
Location of Youth Hunt (Nearby City/Town and County):
Immokalee / Collier County
Landowner Contact Information (Name, Address, Street) State
Zip
Melissa Hennig, 3335 Tamiami Trail East, Suite 101 FL
34112 i
Huntmaster(s):
Wayne Jenkins
Huntmaster Phone (please include area codes)
239 -455 -8109
Evening 239 - 455 -8109 Celi 239 - 580 -8094
Bunt Information
Type of Hunt (deer, varmint, hogs, turkey, etc.)
Deer
Number of youth hunters:
5 - *Participation is limited to full -time and part-time residents of Collier County unless hunt is not full*
{ Number of outh hunters landowner will supply: Y PP Y ! Will hunters be camping?
�
5 - *COLLIER COUNTY YOUTH ONI Y* ;Yes
Will you need equipment and /or supplies from Are there cooking facilities available? N Yes ❑ No
Tallahassee office? ❑ Yes E No I if yes, please describe: Oven and stove inside lodge
If yes, please describe:
i
i
Will you need food or help making food i Additional comments: {
arrangements? ❑Yes ®N County owned property - volunteers provided by County {
Fluntmaster is responsible far all l food Contact: Melissa H. melissahenniQ(QiCOflierQOV.net
arrangements. 239- 252 -2957
G *per Collier Countv's reauest
Youth Hunting Program of Florida
c/o Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 3399 -1600
(850) 413 -0084 (850) 413 -7989 (fax)
MyFWC.com
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Packet Page -1434-
10/28/2014 16.D.1.
EXHIBIT B
Packet Page -1435-
10/28/2014 16.D.1.
Pepper Ranch preserve Legal Description
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tne south line uf the aoutneast :..wafter (ZSEi4') of said Sami, 22 for
�istanae vt 13203E ies, tcJ ttie Point & Beginrdn;F, of Tne par_ei �f ;arj,
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Packet Page -1438-
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10/28/2014 16.D.1.
EXHIBIT C
Packet Page -1440-
10/28/2014 16.D.1.
(Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuous
place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION
sponsored Youth Hunting Program of Florida youth hunt.)
READ THIS NOTICE COMPLETELY AND CAREFULLY.
BY PARTICIPATING IN THIS ACTIVITY ON THIS
PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR
RIGHT TO RECOVER FROM THE LANDOWNER IN A
LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING
DEATH, TO YOU AND /OR YOUR CHILD AND /OR ANY
PROPERTY DAMAGE THAT RESULTS FROM THE
RISKS THAT ARE A NATURAL PART OF
PARTICIPATING IN THIS ACTIVITY.
FOR MORE INFORMATION READ THE FOLLOWING.
Florida Statute 375.251 Limitation on liability of persons making available to
public certain areas for recreational purposes without charge.—
(1) The purpose of this section is to encourage persons to make land, water
areas, and park areas available to the public for outdoor recreational purposes by
limiting their liability to persons using these areas and to third persons who may
be damaged by the acts or omissions of persons using these areas.
(2)(a) An owner or lessee who provides the public with an area for outdoor
recreational purposes owes no duty of care to keep that area safe for entry or use
by others, or to give warning to persons entering or going on that area of any
hazardous conditions, structures, or activities on the area. An owner or lessee
who provides the public with an area for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any
purpose;
2. Does not incur any duty of care toward a person who goes on the area; or
3. Is not liable or responsible for any injury to persons or property caused by the
act or omission of a person who goes on the area. (Continued on Next Page)
Packet Page -1441-
10/28/2014 16. D.1.
(b) Notwithstanding the inclusion of the term "public" in this subsection and
subsection (1), an owner or lessee who makes available to any person an area
primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the
limitation on liability provided herein so long as the owner or lessee provides
written notice of this provision to the person before or at the time of entry upon
the area or posts notice of this provision conspicuously upon the area.
(c) The Legislature recognizes that an area offered for outdoor recreational
purposes may be subject to multiple uses. The limitation of liability extended to
an owner or lessee under this subsection applies only if no charge is made for
entry to or use of the area for outdoor recreational purposes and no other
revenue is derived from patronage of the area for outdoor recreational purposes.
(3)(a) An owner of an area who enters into a written agreement concerning the
area with the state for outdoor recreational purposes, where such agreement
recognizes that the state is responsible for personal injury, loss, or damage
resulting in whole or in part from the state's use of the area under the terms of
the agreement subject to the limitations and conditions specified in s. 768.28,
owes no duty of care to keep the area safe for entry or use by others, or to give
warning to persons entering or going on the area of any hazardous conditions,
structures, or activities thereon. An owner who enters into a written agreement
concerning the area with the state for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any
purpose;
2. Does not incur any duty of care toward a person who goes on the area that is
subject to the agreement; or
3. Is not liable or responsible for an
p y injury to persons or property caused by the
act or omission of a person who goes on the area that is subject to the
agreement.
(b) This subsection applies to all persons going on the area that is subject to the
agreement, including invitees, licensees, and trespassers.
(c) It is the intent of this subsection that an agreement entered into pursuant to
this subsection should not result in compensation to the owner of the area above
reimbursement of reasonable costs or expenses associated with the agreement.
An agreement that provides for such does not subject the owner or the state to
liability even if the compensation exceeds those costs or expenses. This
paragraph applies only to agreements executed after July 1, 2012.
(4) This section does not relieve any person of liability that would otherwise exist
for deliberate, willful, or malicious injury to persons or property. This section
does not create or increase the liability of any person.
(5) As used in this section, the term:
(a) "Area" includes land, water, and park areas.
(b) "Outdoor recreational purposes" includes, but is not limited to, hunting,
fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure
driving, nature study, water skiing, motorcycling, and visiting historical,
archaeological, scenic, or scientific sites.
History. —ss. 1, 2, 3, 4, 5, ch. 63 -313; S. 1, ch. 75 -17; s. 7, ch. 87 -328; s. 1, ch. 2012 -203.
Packet Page -1442-
1.
e TA ars•a a E F _,. €_ -
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I/We have knowingly and willingly entered into a YHPF activity and agree to abide by its rules, terms, provisions and conditions. Uwe understand
that if any person displays unsafe, unethical, illegal, or disruptive actions /attitudes or disobeys rules /policies, the entire party may be removed from
the activity in the sole discretion of the Huntmaster, who has absolute authority over the activity. I /we further understand that most youth hunts
normally end approximately mid -day on Sunday and that participants will not be permitted to leave before then. In the event photographs, slides,
interview or video tapes are made, I /we consent to the release of those images for use by the FWC in support of YHPF.
In consideration for the right to participate in the YHPF activity, I /we unconditionally release, indemnify and hold harmless:
• Florida Fish and Wildlife Conservation Commission
• Wildlife Foundation of Florida
• Youth Hunting Program of Florida
• As well as any other organization associated with this youth hunt and all their officers, directors, trustees, employees, volunteers, agents,
individually and collectively ( "released parties ") from and against any and all claims, demands, causes of action and damages, including
attorneys' fees, for personal injury or loss either at or en route to and /or from the YHPF activity, resulting from any accident, incident or
occurrence arising out of, incidental to or in any way resulting from, the YHPF activity whether or not caused by any released party's negligence
or gross negligence. 1 /We agree that I /we, my /our heirs, successors and assigns will not make any claim or institute any suit against the released
parties. This release is full, final and unconditional, and is given for good and valuable consideration. But for this release, the named child or I
would not be allowed to participate in the YHPF activity. This release is intended, and shall be construed, to exclude the released parties
from any and all liability.
I /we further acknowledge and understand that no warranty, either expressed or implied, is made by YHPF as to the YHPF activity, or of any roads,
buildings, gates or other improvements, and that dangerous conditions, risks and hazards do exist, including: poisonous snakes, insects and spiders;
blinds and tree stands, whether or not erected by participant(s); erosion and general condition of the land, both on and off roadways or trails, creating
rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic that may be diseased and /or potentially dangerous;
deep water; persons with firearms and knives; and the use of vehicles. I/we am/are aware of these conditions and expressly assume all dangers, risks
and hazards.
I /We give permission to have emergency first -aid administered in the sole discretion of the Huntmaster and to be transported by the most expedient
means of conveyance to the nearest physician, hospital, or clinic and to receive such treatment as medically prescribed by physician(s).
/we acknowledge and understand that this release applies to all my family members serving as YHPF participants and volunteers. As used in this
release, the terms I, nay person and myself applies regardless of the nature of my involvement with the YHPF, and whether or not I attend any YHPF
activity, accompany a minor child, serve as a volunteer, or otherwise, and includes to the maximum extent permitted by law any minor children
participating in any YHPF activity.
YOUTH
PARENT /GUARDIAN
-Street Address, t St anti
S#teet Addres y% 82d 4 i t F w r ., t T.,4 3 a r£niC
�. > 4` A;
"f...'.HFYt41t`'W +A4,. ,'tr3 �,tlt+',d•;:'t,'+.7�,( >f{'i
%`F . * -
PARENT /GUARDIAN
VOLUNTEER
Packet Page -1443- Rev. 61312009
-Street Address, t St anti
%`F . * -
( „” NrtY
D -�Y"
I am unable to accompany my child and authorize to serve as the guardian and give them permission to seek
and authorize medical treatment in the event of an emergency during the YHPF activity during the weekend of
VOLUNTEER
Packet Page -1443- Rev. 61312009
10/28/2014 16.D.1.
The responsible pursuit of hunting involves many ethical considerations. A few of these are as follows:
• Being familiar with the firearm or bow to facilitate its proper and safe use.
• Being confident with the use of the firearm or bow to enable an enjoyable hunt.
• Being able to avoid a poorly placed shot and its consequences.
In order to further these and other considerations, the following three rules have been established:
1. Each participant (youth hunter) selected for a YHPF youth hunt is required to practice with the firearm
or bow, intended to be used on the youth hunt, within 14 days prior to the youth hunt. This practice
may be accomplished over a period of days. This will require a minimum of the following:
a.) For rifle hunts - 10 rounds of factory load ammunition placed in a target at a range of
100 yards; this completed form and the target should be presented at check -in for the
youth hunt.
b.) For shotgun hunts - 10 rounds of factory load ammunition at appropriate targets, clays,
etc; this completed form should be presented at check -in for the youth hunt.
C.) For bow hunts - 10 arrows placed in a archery target at a range of 20 yards; this
completed form and the target should be presented at check -in for the youth hunt.
Should these not be presented at check -in, the Huntmaster will have the option of excluding the youth
hunter from hunting until proficiency has been demonstrated.
Note: Should the event require different criteria (such as a shotgun patterned at 30 yards for turkey
hunting) please consult with your Huntmaster for the appropriate recommended practices.
2. Upon arrival at the youth hunt, the participant (youth hunter) will be required to demonstrate
marksmanship proficiency and knowledge as well as to verify that the firearm or bow is still properly
sighted. The Huntmaster may exclude any participant from hunting until this requirement has been
accomplished. In the event that the participant's firearm or bow is not properly functioning or appears
unsafe, an alternate firearm or bow may be used.
3. A marksmanship shooting activity will be held as soon as practical on each youth hunt. At that time, all
participants (youth hunters) will be required to show proficiency and knowledge of their firearm or bow
in order to be allowed to hunt.
We certify that
in a wild game youth hunt.
Range Coordinator/Witness
Parent/Guardian
Participant (youth hunter)
(firearm or bow) fired at
(youth hunter) did use a
yards on
(date) and did exhibit sufficient skills to be allowed to participate
Signature
Signature
Signature
c: Imvdocumentslwor4filelvhp %Iformslmarksmanship certification Rev. 121161"`
Packet Page -1444-
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Florida Fish and Wildlife Conservation Commission
beer ►n;40ursmM gAatvrececveyotttii hire itzg Hunter Safety and Public Shooting Ranges Section
nr tttrn�t, pZ a itit e#e and et�irw1w '` 620 South Meridian Street, Tallahassee, FL 32399 -1600
regcsftfi Orttt m (850) 413 - 0084/0085 (850) 413 -7989 (fax)
MyFWC.com
Packet Page -1445- Rev. 61313009
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Last
First
Middle
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Date of Birth
City
State
Zip
County
w
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Date Completed:
Certification Number:
Florida Fish and Wildlife Conservation Commission
beer ►n;40ursmM gAatvrececveyotttii hire itzg Hunter Safety and Public Shooting Ranges Section
nr tttrn�t, pZ a itit e#e and et�irw1w '` 620 South Meridian Street, Tallahassee, FL 32399 -1600
regcsftfi Orttt m (850) 413 - 0084/0085 (850) 413 -7989 (fax)
MyFWC.com
Packet Page -1445- Rev. 61313009