CCLAAC Agenda 02/12/2018
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
February 12, 2018, 9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building “F”), Third Floor
AGENDA
I. Roll Call – Welcome New Member Gary Bromley
II. Approval of Agenda
III. Approval of January 8, 2018 Meeting Minutes
IV. Old Business: none
V. New Business
A. ICSR Report – SD Corp of Naples, Inc.
B. ICSR Report – I-75 Project – Berman and Mayr
C. Wallace – Winchester Head – Contract
D. Thurston – Red Maple Swamp - Contract
E. Application for Conservation Collier Land Acquisition Advisory Committee – Calkin
VI. Coordinator Communications
A. BCC Items
B. Misc Items
VII. Subcommittee Reports
A. Lands Evaluation & Management – 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 February 9, 2018 if
you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item .
26.A.2
Packet Pg. 505 Attachment: CCLAAC Agenda 2-12-18 (4935 : Conservation Collier LAAC - February 12, 2018)
January 8, 2018
1
MINUTES OF THE CONSERVATION COLLIER LAND ACQUISITION
ADVISORY COMMITTEE MEETING
Naples, Florida, January 8, 2018
LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory
Committee in and for the County of Collier, having conducted bu siness herein, met on this
date at 9:00 A.M. in REGULAR SESSION at Administrative Building “F”, 3rd Floor,
Collier County Government Complex Naples, Florida with the following members
present:
CHAIRMAN: Bill Poteet (Excused)
VICE CHAIRMAN: Pat Sherry
Tracey Dewrell (Absent)
Susan Calkins (Excused)
Michael Seef
John Psaras
Jacob Winge
Carol Pratt
(Vacancy)
ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator , Program Manager
Jennifer Belpedio, Assistant County Attorney
Christal Segura, Environmental Specialist
26.A.3
Packet Pg. 506 Attachment: CCLAAC Minutes rev approved 1-8-18 (4935 : Conservation Collier LAAC - February 12, 2018)
January 8, 2018
2
I. Roll Call
Vice Chairman Sherry called the meeting to order at 9:00AM. Roll call was taken and a quorum
was established.
II. Approval of Agenda
Mr. Seef moved to approve the Agenda. Second by Mr. Psaras. Carried unanimously 5 – 0.
III. Approval of December 20, 2017 minutes
Mr. Winge moved to approve the minutes of the December 20, 2017 meeting as presented. Second
by Mr. Seef. Carried unanimously 5 – 0.
IV. Old Business
A. Offsite preservation LDC amendment status
Ms. Sulecki reported the proposed amendment will be reviewed at the January 23, 2018 Board of
County Commissioners meeting where direction on advertising the changes will be sought and
brought back to the BCC for the March 13, 2018 meeting for final consideration.
V. New Business
A. ICSR Report – Hack Living Trust
Ms. Sulecki presented the “Hack Living Trust Conservation Collier Initial Criteria Screening
Report” dated 1-8-18 for information purposes. She noted:
• The application involves 2 parcels of land (parcel 1 – 17.85 acres and parcel 2 – 10.61
acres) totaling 28.46 acres.
• The lands are located just outside the City of Naples off Sandpiper Street and border
Haldeman Creek.
• The property is subject to a Special Treatment Overlay zone which can removeup to 95
percent of the developable value, however 6 residential units may be constructed on the
site.
• The estimated assessed value of the parcels is $108,000.
She provided an overview of the following criteria including the following findings noting the
Critical Lands and Waters Identification (CLIP) project, Florida Natural Areas Inventory (FNAI),
University of Florida and Florida Fish and Wildlife Conservation Commission data sets are
utilized by Staff to assist in the evaluation.
1. Are any of the following unique and endangered plant communities found on the property?
Yes – the area is characterized by a native plant community - Mangrove swamp.
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?
Yes – The properties are 2 miles form the Gordon River Greenway Conservation Collier lands
and 3 miles from Rookery Bay conservation area with access to the area possible via
development of a boardwalk.
3. Does the property offer opportunities for protection of water resource values, including
aquifer recharge, water quality enhancement, protection of wetland dependant species habitat,
and flood control?
Yes – The area is classified as an intertidal wetland within an estuarine marine system.
26.A.3
Packet Pg. 507 Attachment: CCLAAC Minutes rev approved 1-8-18 (4935 : Conservation Collier LAAC - February 12, 2018)
January 8, 2018
3
4. Does the property offer significant biological values, including biodiversity, listed species
habitat, connectivity, restoration potential and ecological quality?
Yes – The area does contain listed plan species and habitat for the Florida bonneted bat and
West Indian Manatee.
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?
Yes – The parcels are directly connected to a total of 2.5M acres of conserved lands via
Haldeman Creek.
The property is not within the boundary of another agency’s acquisition project.
Estimated Management and needs costs - $711k – $1.1M for improvements such as a
boardwalk, parking area, exotic removal, etc. and $4,300 of annual maintenance costs.
B. ICSR Report – Barron Collier Partnership LLLP – Sanitation/Bethune
Ms. Sulecki presented the Barron Collier Partnership, LLLP “Conservation Collier Initial
Criteria Screening Report” dated 1-8-18 for information purposes. She noted:
• The application includes 2 parcels (parcel 1 – 290 acres and parcel 2 – 111 +/- acres)
totaling 401 acres.
• The lands are located in Immokalee west of the Seminole Casino.
• There are no plans for development at this time however the property is subject to a
“grazing lease” which expires in 2018. The lease is subject to a 30 day termination clause
by the parties.
• The estimated market value of the parcels is $1,171,000.
She provided an overview of the following criteria including the following findings noting the
Critical Lands and Waters Identification (CLIP) project, Florida Natural Areas Inventory (FNAI),
University of Florida and Florida Fish and Wildlife Conservation Commission data sets are
utilized by Staff to assist in the evaluation.
1. Are any of the following unique and endangered plant communities found on the property?
Yes – The property is characterized by native plant communities.
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?
Yes – The properties are within the urban boundaries of Immokalee and located 4 miles from
Pepper Ranch, a Conservation Collier preserve. There is a closed landfill on site that was
operated by Collier County until 1992. The operation was closed in accordance with Florida
Department of Environmental Conservation requirements and is a mounded vegetated site.
Ground water sampling for the site indicates the area is in conformance with all requirements
and liability regarding the operation already is partly the responsibility of the County.
3. Does the property offer opportunities for protection of water resource values, including
aquifer recharge, water quality enhancement, protection of wetland dependant species habitat,
and flood control?
Yes – The area is in a floodzone with a surficial aquifer recharge capacity of moderate range.
26.A.3
Packet Pg. 508 Attachment: CCLAAC Minutes rev approved 1-8-18 (4935 : Conservation Collier LAAC - February 12, 2018)
January 8, 2018
4
4. Does the property offer significant biological values, including biodiversity, listed species
habitat, connectivity, restoration potential and ecological quality?
Yes – The area does contain listed plant species such as wild pine, Northern needleleaf and
Florida royal palm.
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?
Yes – The property is directly adjacent to a 7.5 acre parcel owned by Collier County and is
connected through the Immokalee Slough to Lake Trafford and the CREW lands, and through
them to close to 1 million conserved acres.
The property is not within the boundary of another agency’s acquisition project.
Estimated Management and needs costs - $446K for improvements such as a parking area,
fencing, signage, exotic control, etc. and $68.5K of annual maintenance costs are estimated.
C. Bueno-Costa – Winchester Head – Contract
Ms. Sulecki presented the Executive Summary “Approve an Agreement for Sale and Purchase for
2.73 acres within the Winchester Head Multiparcel Project under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $35,400 (Bueno-Costa)” dated January 8, 2018 for
consideration.
Mr. Winge moved to recommend the Board of County Commissioners approve an Agreement
for Sale and Purchase for 2.73 acres within the Winchester Head Multiparcel Project under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $35,400 (Bueno-Costa).
Second by Mr. Seef. Carried unanimously 5 – 0.
D. Applications for Conservation Collier Land Acquisition Advisory Committee – Sherry and
Bromley
Ms. Sulecki reported Patricia Sherry and Gary Bromley have submitted application for
appointment to the Conservation Collier Land Acquisition Advisory Committee. She noted Ms.
Calkins and Mr. Dewrell’s terms expire before the next meeting and expressed concern if
additional members are not appointed to the Committee, there may be an issue obtaining a quorum
for future meetings.
Mr. Seef moved to recommend the Board of County Commissioners appoint Patricia Sherry and
Gary Bromley to the Conservation Collier Land Acquisition Advisory Committee. Second by
Mr. Winge. Carried unanimously 5 – 0.
E. Winchester Head Interim Management Plan – 2 year Update
Ms. Segura presented the “Conservation Collier Winchester Head Extended Interim Management
Plan” for consideration. She noted:
• The proposal is to extend the interim plan for a period of two years as there is not
sufficient contiguous acreage to warrant a final management plan.
• The updates include minor language changes and updating of maps.
• The Lands Evaluation & Management Subcommittee reviewed the plan on 12/19/17 and
recommended it be forwarded to the full Committee for a recommendation to the Board of
County Commissioners.
26.A.3
Packet Pg. 509 Attachment: CCLAAC Minutes rev approved 1-8-18 (4935 : Conservation Collier LAAC - February 12, 2018)
January 8, 2018
5
Mr. Winge moved to recommend the Board of County Commissioners adopt the Conservation
Collier Winchester Head Extended Interim Management Plan. Second by Mr. Seef. Carried
unanimously 5 – 0.
VI. Coordinator Communications
A. BCC Items
1/9/18 – Grant application for Florida Aquatic Habitat Restoration/Enhancement Section
(AHRES) for Pepper Ranch and Memorandum of Understanding for rescheduled youth
hunt at Pepper Ranch.
1/23/18 – Celsnak property acquisition contract.
B. Misc Items
Ms. Sulecki reported:
• Molly Duval, new Land Manager began work today.
• Staff will be providing binders on the active applications for use during the ranking
process.
• Staff met with the Boy Scouts for suggested projects for the program.
• Staff presentations: (The schedule will be disseminated to the Committee Members).
1/17/18 –Headquarters Branch Library – Orange Blossom Dr.
1/30/18 – Marco Island Library
• Volunteers help clear trails at Pepper Ranch and all bike trails are now open for use.
• The BCC removed the Conservation Collier program from the funding options for the
proposed increase in the sales tax.
VII. Subcommittee Reports
A. Lands Evaluation & Management– Chair-Tracey Dewrell; Members- Bill Poteet, Patricia
Sherry, Michael Seef
None
B. Outreach- Jacob Winge, John Psaras, Susan Calkins, Michael Seef
Mr. Seef reported a meeting will be held on January 10, 2018.
C. Ordinance Policy and Rules- Chair- Patricia Sherry; Members-Jacob Winge, John Psaras,
None
VIII. Chair Committee Member Comments
None
IX. Public General Comments
None
X. Staff Comments
None
There being no further business for the good of the County, the meeting was adjourned by order
of the chair at 10:31A.M.
26.A.3
Packet Pg. 510 Attachment: CCLAAC Minutes rev approved 1-8-18 (4935 : Conservation Collier LAAC - February 12, 2018)
January 8, 2018
6
Conservation Collier Land Acquisition Advisory Committee
_________________________________
Patricia Sherry, Vice Chair
These minutes approved by the Board/Committee on _________________ as presented________ or
as amended ___________.
26.A.3
Packet Pg. 511 Attachment: CCLAAC Minutes rev approved 1-8-18 (4935 : Conservation Collier LAAC - February 12, 2018)
Conservation Collier
Initial Criteria Screening Report
Property Name: Berman Trust and Mayr – I-75 Project
Folio Number(s): Berman Trust – 41506800006 – 2.34 acres
Mayr – 41661080004 – 6.7 acres
Staff Report Date: February 12, 2018
Berman Trust Mayr
Conservation Collier 2/12/18 Agenda Item V.B.26.A.4
Packet Pg. 512 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 2 of 51
Table of Contents
Introduction ..........................................................................................................................3
I. Summary of Property Information ..................................................................................3
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
Zoning, Growth Management and Conservation Overlays ............................................ 8
II. Statement for satisfying Initial Screening Criteria, Including Biological and
Hydrological Characteristics ................................................................................................9
III. Potential for Appropriate Use and Recommended Site Improvements .......................18
IV. Assessment of Management Needs and Costs............................................................19
Table 2. Summary of Estimated Management Needs and Costs ................................. 21
V. Potential for Matching Funds .......................................................................................22
VI. Summary of Secondary Screening Criteria ................................................................23
Table 3. Tabulation of Secondary Screening Criteria .................................................. 23
Figure 4. Secondary Screening Criteria Scoring.......................................................... 23
Exhibit A. FLUCCs Map and CLIP4 Priority Natural Communities Map.................. 26
Exhibit B. Soils Map .................................................................................................... 27
Exhibit C. Wellfield Protection and Aquifer Recharge Maps ..................................... 28
Exhibit D. Zoning Map ................................................................................................. 29
Exhibit E. Historical Aerial 1940 (Source: Property Appraiser) .................................. 30
Exhibit F. FEMA Map .................................................................................................. 31
Exhibit G. LIDAR Map ................................................................................................ 32
Exhibit H. Surface Water Priorities CLIP4 Map .......................................................... 33
Exhibit I. Landscape Integrity CLIP4 Map and map showing what a North Belle
Meade connection could look like ................................................................................ 34
Exhibit J. Biodiversity CLIP4 Map with FWC panther telemetry 1981-2016 ............. 35
Exhibit K. Potential Habitat Richness CLIP4 Map ...................................................... 36
Exhibit L: Strategic Habitat Conservation Areas CLIP4 Map ...................................... 37
Exhibit M. Aggregated Conservation Priorities CLIP4 Map...................................... 38
Exhibit N. USFWS Listed Species Focal and Consultation Areas Maps ..................... 38
Exhibit O. Completed and Scored Secondary Criteria Screening Form - Berman Trust
....................................................................................................................................... 40
Exhibit P. Completed and Scored Secondary Criteria Screening Form – Mayr ........... 43
Exhibit Q. Photographs ................................................................................................ 46
26.A.4
Packet Pg. 513 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 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 Flo rida. 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.
The I-75 Project is not an approved multi-parcel project, but includes 12 properties that have been grouped
together due to location. These properties were on the 2011 Conservation Collier AAL as B-List properties.
Letters were sent to owners in June 2017 asking if they were still willing to sell. Staff received 3 positive
responses: Faust, Berman Trust, and Mayr. The Faust parcel was rejected for the cycle by the Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) on August 14, 2017. This report evaluates only the
Berman Trust and Mayr parcels.
I. Summary of Property Information
26.A.4
Packet Pg. 514 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 4 of 51
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 (Richard F.) Berman Trust
(Brunhild) Mayr
Offered independently
Folio Numbers Berman Tr-4150680006
Mayr - 41661080004
2.34 ac
6.70 ac
Target
Protection Area
Both – North Golden Gate
Estates (NGGE)
Offered independently
Commission
District
5 Commissioner – William McDaniels
Size 7.04 acres total Berman Trust – 2.34 ac
Mayr – 6.7 ac
STR Berman Trust - 33-49-28
Mayr - 32-49-28
Just north of I-75 in NGGE
Zoning
Category/TDRs
Estates Both parcels are located within the NGGE
FEMA Flood
Map Category
Both - AH 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.
(Moderate flooding)
Existing
structures
n/a No structures
Adjoining
properties and
their Uses
NGGE, Interstate Highway,
State Forest
North, East and West - Estates residential,
mostly undeveloped. The closest developed
property to Mayr is 650’ to the east, the next
closest ¾ of a mile west. The closest developed
property to Berman Trust is adjoining on its
east side. Other than that, the closest developed
property is the Gore homesite parcel.
South – I-75, Picayune Strand State Forest
Development
Plans Submitted
None known
Known Property
Irregularities
Oil, Gas and Mineral rights
(OGMs)
OGMs not included
Other County
Division Interest
Transportation, Utilities,
Solid Waste, Parks and
Recreation, Environmental
Services, Housing, Coastal
systems, Zoning,
Engineering
No interest from other Divisions noted.
26.A.4
Packet Pg. 515 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 5 of 51
Figure 1. Location Map
26.A.4
Packet Pg. 516 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 6 of 51
Figure 2. Aerial Map
26.A.4
Packet Pg. 517 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 7 of 51
Figure 3. Surrounding Lands Aerial
26.A.4
Packet Pg. 518 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 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 acq uiring, 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, one
appraisal is required.
Assessed Value: * Berman Trust - $20,534
Mayr - $28,140
Estimated Market Value: ** Berman Trust - $16,146 ($6,500/ac) (2008 Estimated Value –
$42,500 or $18,000/ac)
Mayr - $52,930 ($7,900/ac) (2007 Estimated Value - $201,000
or $30,000/ac)
“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. These
parcels are both zoned Estates. They are not within an established growth management and/or
other type of overlay. There are no limitations other than zoning regulations to bar their
development.
The Florida Wildlife Federation requested that CCLAAC explore how purchase of the Gore
and I-75 Properties can complement Collier County’s 2012 Master Mobility Plan, 2011
Watershed Management Plan, and wildlife compensation/wetland mitigation obligations
resulting from planned county infrastructure projects. Acquisition of the Gore and I-75
properties would support the efforts and design solutions for water quality and open space identified
in each of those documents by providing for adequate areas of aquifer and groundwater recharge
within an eastern area of the County that growth and development pressures are starting to encroach
upon. Further, the Conservation Collier ownership will further establish the goals within the
Recreational and Open Space Element of the Collier GMP by increasing public ownership of
environmentally valuable properties while also enhancing public access availability. Additionally,
as suggested within the Master Mobility Plan, the acquisition of the identified properties would
allow for protection of environmentally lands located within areas that contribute to ecological
connectivity that supports a landscape scale approach to environmental protection.
* Property Appraiser’s Website
** Collier County Real Estate Services Department – date of value estimate – September 2010
26.A.4
Packet Pg. 519 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 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 these properties meet initial criteria.
Conservation Collier Program staff conducted a site visit to both properties on January 26, 2018.
Previous site visits were made by staff to Mayr in 2007 and Berman Trust in 2008.
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 - both
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) (Exhibit A)
and field verification of same.
FLUCCS:
The 2009 electronic database identified: 6170 – Mixed wetland hardwoods as the primary
vegetative community present on both the Berman Trust and Mayr parcels.
The Mayr parcel was also mapped with just over 1 acre of Mixed wetland hardwoods-
shrubs on the north side (Exhibit A).
The following native plant communities were observed:
Berman Trust: 6170 – Mixed wetland hardwoods – all portions of the parcel
Mayr – 4280 - Cabbage palm and a slash pine component with small areas of 4250 -
Temperate hardwood hammock.
Characterization of Plant Communities present -A combination of 2007 (Mayr), 2008
(Berman Trust), and 2018 site visits to both:
Mayr
Ground Cover: Ground cover vegetation includes in order of dominance: Various
grasses, bluestem (Andropogon sp.), bracken fern (Pteridium aquilinum), wild coffee
(Psychotira nervosa and P. sulznerii), dog fennel (Eupatorium capillifolium), spanish
needles (Bidens alba), muscadine (Vitis rotundifolia), common ragweed (Ambrosia
artemisiifolia), poison ivy (Toxicodendron radicans), Virginia creeper (Parthenocissus
26.A.4
Packet Pg. 520 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 10 of 51
quinquefolia), toothpetal orchid (Habernaria sp.), dodder (Cuscuta sp.), semaphore
(Eupatorium mikanioides), swamp fern (Blechnum serrulatum), southern river sage
(Salvia misella), and passionvine (Passiflora sp.). In the temperate hardwood
hammock, additions were bidens (Bidens alba), mikania (Mikania cordifolia) and
beautyberry (Callicarpa Americana). Brazilian pepper (Schinus terebinthifolius) and
Ceasar’s weed (Urena lobata) were also found in the hammock areas.
.
Midstory: Midstory vegetation includes, in order of dominance: saw palmetto (Serenoa
repens), cabbage palm (Sabal palmetto), wild coffee (both Psychotria nervosa and P.
sulznerii), beautyberry (Callicarpa Americana), marlberry (Ardisia escallonioides),
sumac (Rhus copallina) and buttonbush-few (Cephalanthes occidentalis). Epiphytic
ferns include shoelace fern (Vittaria lineata), golden foot fern (Phlebodium aureum),
and resurrection fern (Polypodium polypodioides).
Canopy: Cabbage palm (Sabal palmetto) dominated the canopy vegetation, with the
following scattered throughout: slash pines (Pinus elliottii), bay (Persea sp.), live oak
(Quercus virginiana) and strangler fig (Ficus aurea). In the temperate hardwood
hammock, canopy species include cabbage palm, live oak and bay.
Berman Trust
Ground Cover: Ground cover species observed were swamp fern (Blechnum
serrulatum), sword fern (Nephrolepis sp.), wild coffee (both P. nervosa and P.
sulznerii), Jack-in-the-bush (chromoaelena odorata), giant sword fern (Nephrolepis
biserrata), strap fern (Campyloneurum sp.), Bracken fern (Pteridium aquilinum),
maiden fern (Thelypteris sp.) and golden polypody (Phlebodium aureum). Vines
include: Poison ivy (Toxicodendron radicans), Virginia creeper (Parthenocissus
quinquefolia), Vitis sp., Smilax spp., and vetch (Vicia sp.).
Midstory: Midstory species included marlberry (Ardesia escallonioides), wild coffee
(P. nervosa and P. sulzneri), cabbage palm, dahoon holly (Ilex cassine), hog plum
(Ximenia americana), myrsine (Myrsine floridana), strangler fig (Ficus aurea) and
wild lime (Zanthoxylum fagara).
Canopy: Cypress (Taxodium distichum), laurel oak (Quercus laurifolia), live oak
(Quercus virginiana), cabbage palm (Sabal palmetto), red maple (Acer rubrum), slash
pine, and bay (Persea sp.)
Statement for satisfaction of criteria:
These data indicate that while the Ordinance-identified endangered plant communities are
not present on both parcels, intact native plant communities are present.
The Mayr parcel appeared to be succeeding slightly in that there was more underbrush
present in the recent site visit than in 2007, and some larger hardwoods in open areas were
dead. The soil type on Mayr would naturally support a pine flatwood. There were pines
26.A.4
Packet Pg. 521 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 11 of 51
present but the numerous cabbage palms observed may have invaded over the last 40 years
possibly due to hydrology changes in the Estates.
On the Berman Trust parcel Many of the plants observed in the central and eastern
portions of the parcel are obligate and facultative wetland plant species, with more upland
species dominating the western side of the parcel. This observation loosely corresponds to
mapped soil types, indicating that the historic native plant communities are still present.
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:
Mayr: The propert y abuts 42nd Ave SE, an unpaved road within the I-75 right-of way
(ROW). There is appropriate access for nature-based recreation as a recorded agreement
gives property owners along the ROW a legal right to access. Trails could be developed
on the property. Approximately 300 feet of the south end of the property is visible from
the highway through a fringe of vegetation bordering the canal. As such, it minimally
enhances the aesthetics of Collier County. This parcel is located near a group of other
parcels that have been targeted, Gore parcels. This group of parcels is geographically
distinct from other Conservation Collier projects, the closest of which, Nancy Payton
Preserve, is approximately 7 miles to the northwest. The Winchester Head multi-parcel
project is approximately 10 miles north.
Berman Trust: This parcel offers access from DeSoto Blvd – a paved public road. This
property could accommodate outdoor recreation, particularly if combined with others in
this area have been that have been nominated to Conservation Collier (Gore parcels).
Nominated properties in this location were first placed on Conservation Collier’s “B” list
in Cycle 5 (2007) awaiting determination of a projected I-75 access from Everglades Blvd.
That effort is not still underway, but is likely to resurface in the future as the NGGE builds
out more. The Nancy Payton Preserve (approx. 10 miles NW of the parcels) is the closest
Conservation Collier property.
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 to both for aquifer
recharge. Marginal to Mayr for wetland species protection .
General Hydrologic Characteristics observed and description of adjacent upland
/wetland buffers: The Mayr parcel is situated between 9 and 11 feet in elevation and
the Berman Trust parcel is at close to 11 feet in elevation according to LIDAR mapping
(Light Detection and Ranging) (Exhibit G). No hydrologic indicators were observed on
the Mayr parcel. The Berman Trust parcel contained karst features. Karst is a landscape
underlain by limestone that has been eroded by dissolution, producing ridges, sinkholes
26.A.4
Packet Pg. 522 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 12 of 51
and other characteristic landforms. While no standing water was observed on Berman
Trust parcel, the interior was moist with many ferns in the ground cover vegetation.
Wetland dependent plant species (OBL/ FACW) observed on the Mayr parcel:
OBL FACW
bay (Persea sp) swamp fern (Blechnum serrulatum)
buttonbush (Cephalanthus occidentalis)
Wetland dependent plant species (OBL/ FACW) observed on the Berman Trust
parcel:
OBL FACW
bay (Persea sp) swamp fern (Blechnum serrulatum)
cypress (Taxodium distichum) red maple (Acer rubrum)
dahoon holly (Ilex cassine) sword fern (Nephrolepis sp.)
giant sword fern (Nephrolepis biserrata)
wild coffee (Psychotria nervosa and P. sulznerii)
wild coffee (Psychotria sulznerii)
strangler fig (Ficus aurea)
laurel oak (Quercus laurifolia)
vetch (Vicia sp.)
maiden fern (Thelypteris sp.)
Wetland dependent wildlife species observed:
Mayr: None observed.
Berman Trust: A native apple snail (Pomace asp.) shell was found on the parcel.
Other Hydrologic indicators observed:
Mayr: None observed.
Berman Trust: Karst topography was found at the Berman Trust parcel. Karst
topography is a landscape of distinctive dissolution patterns in the surface rock – in this
case calcium carbonate - often marked by underground drainages and sometimes
indicative of the presence of caves. Karst is a wetland indicator.
Soils: Soils data is based on the Soil Survey of Collier County Area, Florida
(USDA/NRCS, 1990).
Mayr: Soils are mapped as 100% upland soils – Hallandale fine sands (11). These soils
are typically found in conjunction with pine flatwoods. Natural vegetation consists of
slash pine, saw palmetto, and grasses. The vegetation observed corresponded
somewhat with mapped soils, but was dominated by oaks and cabbage palms instead
of slash pines (Exhibit B).
26.A.4
Packet Pg. 523 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 13 of 51
Berman Trust: Approximately two-thirds of the eastern portion of the property is
mapped as consisting of Hallandale and Boca fine sands; these are poorly drained soils
found in sloughs and drainageways. Natural vegetation typical of these soils includes
scrub cypress, sand cordgrass, wax myrtle, and maidencane. The western one-third is
mapped as having Hallandale Fine Sands, an upland soil type where cabbage palm and
palmetto are typically found. Vegetation observed corresponds somewhat with what
would be expected on these soils (Exhibit B).
Neither parcel contained CLIP4 Priority Natural Communities (Exhibit A).
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:
Both Mayr and Berman Trust: 0” to <7” annually (Exhibit C)
Surficial Aquifer Recharge Capacity:
Both Mayr and Berman Trust: 43” to <56” annually (Exhibit C)
Wellfield Protection: The closest wellfield protection zone for both the Mayr and
Berman Trust parcels is approximately 2 miles to the north. The next closest one
is approximately 3 miles northwest. No wellfield protection zones overlap either
property (Exhibit C).
FEMA Flood map designation: Both the Mayr and Berman Trust parcels are within
Flood Zone AH (Exhibit F), which indicates they are subject to inundation of 1-percent-
annual-chance flood event where avg. depths are 1-3 feet. Base flood elevation, flood
insurance and floodplain management standards apply (i.e., Moderate flooding potential).
Statement for satisfaction of criteria: 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? The Mayr and Berman Trust parcels were
considered equal under various maps but may not actually be equal when it comes to wetland
protection. The Mayr parcel, at best, appeared to be a seasonal wetland based on existing soils and
plant communities. There were some wetland species, there, notably bay and buttonbush, but many
of the bays were dead, showing indications of infection by red-bay ambrosia beetles (Xyleborus
glabratus) and its lethal fungus associate Raffaelea lauricola, and buttonbush was last seen in 2007,
but not seen during the 2018 site visit. The Mayr parcel does contribute moderately to surficial
aquifer system recharge at 43” to < 56” annually, though it does not specifically recharge the Lower
Tamiami aquifer, which may be joined within the surficial aquifer system at this location. There
are no developed properties nearby, so the parcel is likely not contributing to much flood control
beyond remaining undeveloped and allowing sheet flow. However, CLIP4 Surface Water Priorities
layer maps both parcels as priority 2 out of 5 and both parcels are considered wetlands in the
National Wetlands Inventory (USFWS IPaC Information for Planning and Consultation website),
which categorizes both parcels as palustrine, or non-tidal, wetlands in an area dominated by woody
vegetation.
26.A.4
Packet Pg. 524 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 14 of 51
The Berman Trust parcel has more wetland dependent plant species and contains karst
topography, which is a wetland indicator, despite soils that indicate that wetland may be also be
seasonal. The mapped recharge rate for the surficial aquifer system is the same as for the Mayr
parcel’s, with moderate surficial aquifer recharge mapped and no recharge mapped for the Lower
Tamiami aquifer. The Berman parcel has a developed property connected to its eastern edge and
may be providing some minor level of flood control for that property, when the karst topography
holds some of its seasonal surface waters. Both parcels are providing minimal water quality
enhancement beyond accommodating sheet flow into the I-75 canal in their respective locations.
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 on the Mayr property:
COMMON NAME SCIENTIFIC NAME STATUS
DOACS FWS
common wild pine Tillandsia fasciculata E
E=Endangered
The following listed plant species were observed on the Berman Trust property:
COMMON NAME SCIENTIFIC NAME STATUS
DOACS FWS
common wild pine Tillandsia fasciculata E
iant sword fern Nephrolepis biserrata T
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 habitats?(same sentence as above?) can be viewed at:
http://myfwc.com/wildlifehabitats/imperiled/profiles/.
26.A.4
Packet Pg. 525 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 15 of 51
Bird Rookery observed? No bird rookeries were observed on either parcel.
GIS mapped species and habitats: Based on information provided by USFWS, there are
no critical habitats on the Mayr and Berman Trust parcels, however, there are 2 mammals
and 25 species of migratory and other birds which could potentially use this general area.
Mammals include the Florida panther (Puma concolor coryi) and the Florida bonneted bat
(Eumops floridanus). Additionally, both the Mayr and Berman Trust parcels are mapped
within FWC priority one panther habitat. Panther Telemetry shows that panthers have used
the Berman Trust Property as recently as 2014 (Panther #195), but there is no telemetry
from the Mayr parcel, and the most recent point near the property was from 2013 (Panther
#219 - the same one that was on the SD Corp property and is now deceased (Exhibit N).
Both parcels are within mapped consultation and focal area for the Florida bonneted bat
and there is appropriate habitat on both parcels. County GIS maps for wood stork colonies
and their foraging areas show both parcels to be within 18-miles of foraging areas for
known colonies, with the closest one approximately 13 miles to the northeast (Exhibit N).
The CLIP4 Biodiversity (Exhibit J) layer maps these parcels as the highest priority (1 out
of 5). The CLIP4 Strategic Habitat Conservation Area layer also maps the parcels as being
in the highest priority. The Potential Habitat Richness (Exhibit K) layer maps the Mayr
parcel as having the potential for 5-6 vertebrate species, and the Berman Trust parcel as
having potential for between 5 and 13 vertebrate species, based on the mapped habitat.
Non-listed species observed:
Mayr: Evidence of nine-banded armadillo (Dasypus novemcinctus) o and pileated
woodpecker (Dryocopus pileatus) were observed. Both white-eyed vireo (Vireo griseus)
and a red shoulder hawk (Buteo lineatus) were heard calling during the 2007 site visit.
No wildlife was observed during the January 2018 site visit but fresh bear scat was seen.
Berman Trust: During the 2008 site visit, a red-shouldered hawk (Buteo lineatus) and
numerous blue-gray gnatcatchers (Polioptila caerulea) were heard calling. No wildlife was
observed during the January 2018 site visit.
Potential Listed Species for both properties:
COMMON NAME SCIENTIFIC NAME STATUS
FWC
USFWS
Audubon’s Crested Caracara Polyborus plancus audubonii FT T
Everglades snail kite Rostrhamus sociabilis plumbeus FE E
Cape sable seaside sparrow Ammodramus maritimus mirbilis FE E
Florida grasshopper sparrow Ammodramus savannarum floridaus FE E
Florida bonneted bat Eumops floridanus FE E
Wood stork Mycteria Americana FT T
Florida panther Puma concolor coryi FE E
Eastern indigo snake Drymarchoncorais couperi FT T
Big Cypress fox squirrel Scurius niger avicennia ST
T=Threatened, E=Endangered, FT=Federally Threatened; FE=Federally Endangered,
ST=State Threatened
26.A.4
Packet Pg. 526 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 16 of 51
Statement for satisfaction of criteria: Both the Mayr and Berman parcels are similar and
both offer biological values; however, by themselves the parcels are too small for those
values to be deemed “significant.” The Berman Trust parcel is adjacent to the Gore project
and could add to the biological values of that project, though the Berman Trust parcel is
across Desoto Blvd from the bulk of the Gore parcels. If the Mayr parcel is the start of a
multi-parcel project and parcels can be acquired to connect it to Gore, the Mayr parcel
could add also to the biological values of the Gore project. Panther telemetry shows
panther use this area, though the most recent telemetry point on the Mayr parcel was from
2014. Both properties are within the forage area for known wood stork colonies, though
the Berman property is too heavily vegetated to be much use for wood stork foraging, and
the Mayr parcel did not have ponded wetlands at the time of the visit. The I-75 project
properties are within the USFWS Snail Kite Consultation Area and the consultation and
focal area for the Florida bonneted bat (Exhibit J). The CLIP4 Biodiversity layer maps the
project in a priority one area, as does the CLIP4 Strategic Habitat Conservation Area layer
(Exhibit L). The CLIP4 Potential Habitat Richness layer (Exhibit K) shows the Mayr
parcel as having the potential for 5-6 vertebrate species, and the Berman Trust parcel as
having potential for between 5 and 13 vertebrate species. The CLIP4 Landscape Integrity
layer maps the parcels as a priority 3 out of 5 (It carves out the NGGE from Priority 1 lands
likely due to its residential zoning status) (Exhibit I). These data show that these parcels
can be considered to have biodiversity, listed species habitat and ecological quality, though
this is limited in effect if they are acquired individually. There is restoration potential by
removal of invasive exotic plant species, however, many neighboring parcels have no
requirement to remove exotics and present a significant seed source that would continue to
be present making long-term exotic maintenance challenging. The CLIP 4 Aggregated
Conservation Priorities layer maps these parcels in a priority one area, as is most of Collier
County (Exhibit M).
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 interest in the I-75 project, a “B-List” project
began in 2007, and coincides with the proposal for the Gore project, which also was
proposed first in 2007. One idea was to accumulate properties at the south side of NGGE
just north of I-75, where there were concerns of flooding due to a large proposed pump
installation at the Merritt canal, as part of the South Golden Gate Estates restoration
(Picaynue Strand Restoration Project). Pumps were installed in 2013 and flooding has not
occurred. Another idea for the proposed acquisitions was to connect properties westward
across the old 530-acre Harley Davidson Test Track (which has since been acquired by
FCA US LLC) with the Florida Panther National Wildlife Refuge (FPNWR), providing
more panther habitat. In this scenario the Gore holdings (190 acres) are necessary
components to provide the size needed to make an impact. Currently, there has been
discussion of developing a wildlife corridor utilizing Gore, I-75 and other NGGE parcels
just north of I-75 between the FPNWR and North Belle Meade to protect wildlife
movement. This idea also incorporates connection benefits from recently developed
26.A.4
Packet Pg. 527 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 17 of 51
wildlife crossing improvements at the Miller and Faka Union canals that connect NGGE
with the Picayune Strand State Forest to the south across I-75 (see photo below). Without
Gore, and more parcels, individual parcels within the I-75 project do not provide significant
connective benefits for conservation. Over 100 acres /60 parcels would need to be acquired
to make a minimal connection (see map below for view of possible wildlife corridor
between FPNWR and North Belle Meade). With them, assuming more can be acquired,
there may be some opportunity. Acquisitions in this location could protect connections to
the south across I-75 with the Picayune Strand State Forest (78,000 ac) and various
conservation and easement lands to the south, including Rookery Bay (110,000 ac), 10,000
Islands National Wildlife Refuge (35,000 acres), Collier Seminole State Park (7,271 acres),
Fakahatchee Strand Preserve State Park (85,000 acres), and Everglades National Park
(1,500,000 acres). To the east, across the test track are connections to the Florida Panther
National Wildlife Refuge (26,400 acres) and Big Cypress National Preserve (729,000
acres). To the northeast are SSA lands, which connect via FPNWR, and to the west are
North Belle Meade conservation easement lands. All in all, the potential is to enhance and
protect connections to over 2.5 million acres of conserved lands (Figure 3).
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
Wildlife Crossing Improvements – Miller Canal and
I-75
View of possible wildlife corridor between FL
Panther NRW and North Belle Meade
26.A.4
Packet Pg. 528 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 18 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 is appropriate for these parcels if trails are built on them.
Nature Photography: Nature photography is an appropriate use for both parcels.
Bird-watching: Bird watching is an appropriate use for both parcels.
Kayaking/Canoeing: There are no water bodies on either parcel, so kayaking and
canoeing would not be appropriate uses.
Swimming: There are no water bodies on either parcel, so swimming would not be an
appropriate use.
Hunting: By themselves, the parcels are too small for hunting purposes, and they are
within the Golden Gate Estates, where discharge of weapons is prohibited.
Fishing: There are no water bodies on either parcel, so fishing would not be an
appropriate use.
Recommended Site Improvements: No site improvements are recommended for these
parcels beyond removal of invasive exotic plants. They are not adjacent to the bulk of the
Gore properties, where trails are contemplated.
Access: Both parcels are accessible from public roads, though the Berman parcel is
accessible from the paved Desoto Blvd., and the Mayr parcel is accessible from a lime
rock road (42nd Ave. SE). The Berman Trust parcel is adjacent across Desoto Blvd. from
the Gore project and could be easily joined to it. The Mayr parcel is farther east with the
Faka-union canal between it and the Gore project.
26.A.4
Packet Pg. 529 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 19 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:
Berman Trust
Category I
Common Name Scientific Name
Brazilian pepper Schinus terebinthifolius
Ceasar’s weed Urena lobata
Category II
Common Name Scientific Name
balsam apple Momordica charantia
26.A.4
Packet Pg. 530 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 20 of 51
Mayr
Category I
Common Name Scientific Name
Brazilian pepper Schinus terebinthifolius
Ceasar’s weed Urena lobata
Category II
Common Name Scientific Name
shrubby false buttonweed Spermacoce verticillata
Staff observations are: Brazilian pepper is the most common invasive exotic plant seen on
both parcels. The Berman Trust parcel has a larger percentage of exotic plants present than
the Mayr parcel.
Exotic Vegetation Removal and Control
An estimate of the cost for initial exotic removal and follow-up maintenance was developed
by using actual costs for initial exotic removal at the Pepper Ranch Preserve, which has a
similar hardwood forest. Based on this estimate, costs for the level of infestation observed
to cut and treat the exotics and leave them in place would be $800 per acre. For the Berman
Trust parcel, initial exotic removal is expected to cost $1,900, and for the Mayr parcel,
the cost is expected to be $5,360.
Costs for follow-up maintenance, done anywhere from quarterly to annually have been
estimated at $170 per acre, per year for a total of $400 annually for the Berman Trust
parcel and a total of $1,200 annually for the Mayr parcel. These costs could decrease
over time as the soil seed bank is depleted.
Public Parking Facility:
Public parking for the Gore project, which would be where visitors would start, is already
existing. No parking is contemplated for these parcels.
Public Access Trails:
No trails are currently existing on these two parcels. There are trails on the Gore project
which would be likely used instead of developing new trails.
26.A.4
Packet Pg. 531 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 21 of 51
Security and General Maintenance:
Table 2. Summary of Estimated Management Needs and Costs
Management Element Initial Cost Annual
Recurring
Costs
Comments
Exotics Control $800/ac $170/ac Costs could decrease over time
Parking Facility n/a n/a No parking contemplated
Access Trails/ ADA n/a n/a No trails are contemplated on these
parcels
Fencing n/a n/a No fencing is contemplated
Trash Removal t.b.d. t.b.d. No trash noted
Signs t.b.d t.b.d. No signs contemplated at this time
Berman Trust Total $1,900 $400 2.34 ac
Mayr $5,360 $1,200 6.70 ac
t.b.d. To be determined; cost estimates have not been finalized.
26.A.4
Packet Pg. 532 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 22 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
2018budget.
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.
26.A.4
Packet Pg. 533 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 23 of 51
VI. Summary of Secondary Screening Criteria
Staff has scored property on the Secondary Criteria Scr eening Form and attached the
scoring form as Exhibit H. A total score of 223 out of a possible 400 was achieved for the
Berman Trust parcel, and a score of 212 out of 400 was achieved for the Mayr parcel. The
chart and graph below show a breakdown of the specific components of the scores.
Table 3. Tabulation of Secondary Screening Criteria
Berman Trust
Mayr
Figure 4. Secondary Screening Criteria Scoring
Berman Trust
Mayr
Secondary Screening Criteria
Possible
Points
Scored
Points
Percent of
Possible
Score
Ecological 100 46 46%
Human Values/Aesthetics 100 61 61%
Vulnerability 100 50 50%
Management 100 67 67%
Total Score:400 223 56%
Percent of Maximum Score:56%
Secondary Screening Criteria
Possible
Points
Scored
Points
Percent of
Possible
Score
Ecological 100 43 43%
Human Values/Aesthetics 100 45 45%
Vulnerability 100 50 50%
Management 100 73 73%
Total Score:400 212 53%
Percent of Maximum Score:53%
26.A.4
Packet Pg. 534 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 24 of 51
Summary of factors contributing to score
Total Score: Berman Trust – 223 out of 400 possible points
Mayr – 212 out of 400 possible points
Berman Trust:
Ecological: 46 out of 100 possible points
A relatively low ecological score was achieved due to there being only 1 vegetation
community on the parcel, the parcel contributing to the surficial aquifer but not being
within a wellfield protection zone, having a wetland feature (karst) but property is not
contiguous with other surface waters. Points were achieved because panther telemetry
(2014 cat #195) has been located on the property, and because lands between this parcel
and the closest conservation lands (Picayune Strand State Forest and Florida Panther
National Wildlife Refuge) are undeveloped.
Human Values/Aesthetics: 61 out of 100 possible points
Average points were achieved because the parcel has access from a paved public road
(Desoto Blvd), the parcel is small and will offer limited opportunities for nature-based
recreation by itself (it was scored based on adding it to the Gore project), and because 9%
of the perimeter is visible from a paved public road.
Vulnerability: 50 out of 100 possible points
An average score was achieved because zoning (Estates) allows for single family
development.
Management: 60 out of 100 possible points
A moderate score was achieved because the parcel will require moderate maintenance
and management and circumstances do not favor burning – as it has a hardwood habitat
where fire is not typically applied and it has a developed property adjacent.
Mayr:
Ecological: 43 out of 100 possible points
A relatively low ecological score was achieved due to there being only 2 vegetation
communities on the parcel, the parcel contributing to the surficial aquifer but not being
within a wellfield protection zone, and the parcel having no wetlands onsite but being
contiguous with and buffering the I-75 canal. Points were lost because no listed wildlife
has been seen or documented on the property, and because lands between this parcel and
the closest conservation lands (Picayune Strand State Forest and Florida Panther National
Wildlife Refuge) are undeveloped. Some points were gained because while only exotic
removal is needed, with an infestation estimated at 25%, the parcel can be restored to high
ecological function with minimal alteration.
26.A.4
Packet Pg. 535 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 25 of 51
Human Values/Aesthetics: 41 out of 100 possible points
Low to average points were achieved because the parcel has access from a public lime
(unpaved) road (42nd Ave SE), the parcel is small and will offer limited opportunities for
nature-based recreation by itself, and because 14% of the perimeter is visible from a public
road. There is a canal between this parcel and the Gore project, so this parcel was scored
on its own.
Vulnerability: 50 out of 100 possible points
An average score was achieved because zoning (Estates) allows for single family
development.
Management: 73 out of 100 possible points
A moderate score was achieved because the parcel will require moderate maintenance
and management and circumstances do not favor burning – as it is adjacent to I-75 and
smoke management would be a concern.
Parcel Size: While parcel size was not scored, the ordinance advises that based on
comparative size, the larger of similar parcels is preferred. The Berman parcel is 2.34 acres
in size and the similar Mayr parcel is 6.70 acres in size.
26.A.4
Packet Pg. 536 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 26 of 51
Exhibit A. FLUCCs Map and CLIP4 Priority Natural Communities Map
26.A.4
Packet Pg. 537 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 27 of 51
Exhibit B. Soils Map
26.A.4
Packet Pg. 538 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 28 of 51
Exhibit C. Wellfield Protection and Aquifer Recharge Maps
26.A.4
Packet Pg. 539 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 29 of 51
Exhibit D. Zoning Map
26.A.4
Packet Pg. 540 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 30 of 51
Exhibit E. Historical Aerial 1940 (Source: Property Appraiser)
26.A.4
Packet Pg. 541 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 31 of 51
Exhibit F. FEMA Map
26.A.4
Packet Pg. 542 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 32 of 51
Exhibit G. LIDAR Map
26.A.4
Packet Pg. 543 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 33 of 51
Exhibit H. Surface Water Priorities CLIP4 Map
26.A.4
Packet Pg. 544 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 34 of 51
Exhibit I. Landscape Integrity CLIP4 Map and map showing what a North Belle
Meade connection could look like
26.A.4
Packet Pg. 545 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 35 of 51
Exhibit J. Biodiversity CLIP4 Map with FWC panther telemetry 1981-2016
26.A.4
Packet Pg. 546 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 36 of 51
Exhibit K. Potential Habitat Richness CLIP4 Map
26.A.4
Packet Pg. 547 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 37 of 51
Exhibit L: Strategic Habitat Conservation Areas CLIP4 Map
26.A.4
Packet Pg. 548 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 38 of 51
Exhibit M. Aggregated Conservation Priorities CLIP4 Map
Exhibit N. USFWS Listed Species Focal and Consultation Areas Maps
26.A.4
Packet Pg. 549 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 39 of 51
26.A.4
Packet Pg. 550 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 40 of 51
Exhibit O. Completed and Scored Secondary Criteria Screening Form - Berman
Trust
Berman Trust Folio Number: 41506800006
Geograhical Distribution (Target Protection Area):
North Golden Gate Estates
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
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 FLUCCS 6170 - Mixed wetland hardwoods
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
1.A. Total 100 10
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
b. Parcel is not in a wellfield protection zone but will contribute
to aquifer recharge 50 50
43" to <56" annually recharge to the Surficial Aquifer System. 0
to < 7 inches annually to the Lower Tamiami Aquifer
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
d. Wetlands exist on site 25 25 Karst topography observed 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
b. Slough Soils 40
c. Parcel has known history of flooding and is likely to provide
onsite water attenuation 20 20 Karst will hold water
Subtotal 300 95
1.B Total 100 32 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
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 25 FLUCCS 6170 - Mixed wetland hardwoods
2. Listed species
a. Listed wildlife species are observed on the parcel 80
If a. or b. are scored, then c. Spotential Habitat Richness is not
scored.
b. Listed wildlife species have been documented on the parcel by wildlife professionals70 70
Provide documentation source - FWC Panther telemetry,
2014, Cat#195
c. Habitat Richness score 5 categories 70
Score is prorated from 14 to 70 based on the highest of the 5
CLIP4 Potential Habitat Richness categories-
d. Rookery found on the parcel 10
e. Listed plant species observed on parcel - add additional 20 points 20 20 Tillandsia fasciculata SE; nephrolepis biserrata ST
26.A.4
Packet Pg. 551 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 41 of 51
Exhibit O. Completed and Scored Secondary Criteria Screening Form - Berman
Trust (Continued)
3. Restoration Potential
a. Parcel can be restored to high ecological function with
minimal alteration 100 100 Exotic removal - infestation at approx 45%
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 300 215
1.C Total 100 72 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
b. Property not immediately contiguous, parcels in between it
and the conservation land are undeveloped.50 50
Considering Picayune Strand State Forest and Florida Panther
National Wildlife Refuge as the closest conservation lands
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 20
1.D Total 100 70
1. Ecological Total Score 100 46 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 Desoto blvd.
b. Parcel has access from an unpaved road 75
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
This is a small parcel that by itself offers limited opportunities for
natural-resource recreation. Score is based on it's being added
to the Gore Project.
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 7
Score between 0 and 80 based on the percentage of the parcel
perimeter that can be seen by the public from a public
thoroughfare. Perimeter=1,600 ft. Frontage=143 ft Frontage
=9%. 9% of 80=7
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
Provide a description and photo documentation of the
outstanding characteristic
Subtotal 300 182
2. Human Social Values/Aesthetics Total Score 100 61 Obtained by dividing the subtotal by 3.
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 50 Estates zoning
2. Zoning allows for density of no greater than 1 unit per 5 acres 45
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
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 50
26.A.4
Packet Pg. 552 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 42 of 51
Exhibit O. Completed and Scored Secondary Criteria Screening Form – Berman
Trust (Continued)
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 hydrologic changes necessary to sustain site qualities.
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 Brazilian pepper, ceasar's weed, balsam apple - 45%
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 -20
adjacent parcels contain substantial seed source with no
requirement to remove until developed
5.B Total 100 40
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
Exotic removal maintenance - =ircumstances do not favor
burning - Wetland hardwoods are not typically burned and a
developed property is adjacent to the east.
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
5.C Total 100 60
4. Feasibility and Management Total Score 100 67 Sum of 5A, 5B, 5C, then divided by 3
Total Score 400 223
26.A.4
Packet Pg. 553 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 43 of 51
Exhibit P. Completed and Scored Secondary Criteria Screening Form – Mayr
Property Name: Mayr Folio Number: 41661080004
Geograhical Distribution (Target Protection Area):
North Golden Gate Estates
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
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 4280 - Cabbage palm and 4250 - Temperate hardwood hammock
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
1.A. Total 100 10
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
b. Parcel is not in a wellfield protection zone but will contribute
to aquifer recharge 50 50
43" to <56" annually recharge to the Surficial Aquifer System. 0
to < 7 inches annually to the Lower Tamiami Aquifer
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 75 I-75 canal
c. Parcel is contiguous with and provides buffering for an
identified flowway 50
d. Wetlands exist on site 25
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
b. Slough Soils 40
c. Parcel has known history of flooding and is likely to provide
onsite water attenuation 20 0 parcel not strategic to floodplain management
Subtotal 300 125
1.B Total 100 42 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
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 50 4280 - Cabbage palm and 4250 - Temperate hardwood hammock
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. Spotential Habitat 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 42
Score is prorated from 14 to 70 based on the highest of the 5
CLIP4 Potential Habitat Richness categories-63 out of 5 so
3X14=42
d. Rookery found on the parcel 10
e. Listed plant species observed on parcel - add additional 20 points 20 20 Tillandsia fasciculata SE
26.A.4
Packet Pg. 554 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 44 of 51
Exhibit P. Completed and Scored Secondary Criteria Screening Form – Mayr
(Continued)
3. Restoration Potential
a. Parcel can be restored to high ecological function with
minimal alteration 100 100
exotic removal - Brazilian pepper, Ceasar's weed, Shrubby false
buttonweed, infestation at approx 25%
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 300 212
1.C Total 100 71 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
b. Property not immediately contiguous, parcels in between it
and the conservation land are undeveloped.50 50
Considering Picayune Strand State Forest and Florida Panther
National Wildlife Refuge as the closest conservation lands
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 50
1. Ecological Total Score 100 43 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
b. Parcel has access from an unpaved road 75 75 Limerock Road - 42nd Ave SE
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
c. Parcel offers limited opportunities for natural-resource based
recreation beyond simply accessing and walking on it 50 50
This is a small parcel by itself and there is a canal between this
parcel and the Gore Project
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 11
Score between 0 and 80 based on the percentage of the parcel
perimeter that can be seen by the public from a public
thoroughfare. Perimeter=2,400 ft; Frontage=330 ft. Frontage
=14% 80X14%=11
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
Provide a description and photo documentation of the
outstanding characteristic
Subtotal 300 136
2. Human Social Values/Aesthetics Total Score 100 45 Obtained by dividing the subtotal by 3.
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 50 Estates zoning
2. Zoning allows for density of no greater than 1 unit per 5 acres 45
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
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 50
26.A.4
Packet Pg. 555 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 45 of 51
Exhibit P. Completed and Scored Secondary Criteria Screening Form – Mayr
(Continued)
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 hydrologic changes necessary
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 80
estimated at close to 25% - Brazilian pepper, Ceasar's weed,
and false shrubby buttonweed
c. Exotic plants constitute between 25% and 50% of plant cover 60
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 -20
adjacent parcels contain substantial seed source with no
requirement to remove until developed
5.B Total 100 60
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
Parcel could be burned but it is adjacent to I-75 so
circumstances do not favor burning
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
5.C Total 100 60
4. Feasibility and Management Total Score 100 73 Sum of 5A, 5B, 5C, then divided by 3
Total Score 400 212
26.A.4
Packet Pg. 556 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 46 of 51
Exhibit Q. Photographs
Photo 1. Berman Trust 2018 - view along Desoto Blvd.
Photo 2. Berman Trust 2008 - view along Desoto Blvd.
26.A.4
Packet Pg. 557 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 47 of 51
Photo 3. missing
Photo 4. Berman Trust 2018 – Interior
Photo 5. Berman Trust 2008 – Interior
26.A.4
Packet Pg. 558 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 48 of 51
Photo 6. Berman listed plants – Nephrolepis biserrata (L) and Tillandsia
fasciculata ( R) with Strap fern
Photo 7. Berman Trust Karst topography – Hydrologic Indicator
26.A.4
Packet Pg. 559 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 49 of 51
Photo 8. Mayr 2007– View along 42nd Ave SE
Photo 9. Mayr 2018 – Just north of 42nd Ave SE
26.A.4
Packet Pg. 560 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 50 of 51
Photo 10. Mayr – Listed pLants – Tillandsia fasciculata on hardwood
Photo 11. Mayr – southern portion of parcel
26.A.4
Packet Pg. 561 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio # Berman Trust: 41506800006
Folio # Mayr: 41661080004
Owner Name: I-75 Project – Berman Trust and Mayr Date: February 12, 2018
Page 51 of 51
Photo 12. Mayr - South side of parcel
Photo 13. Mayr – Temperate hardwood hammock – central part of
parcel
Photo 14. Mayr – North side of parcel
26.A.4
Packet Pg. 562 Attachment: ISCR-I-75 project 2018 (4935 : Conservation Collier LAAC - February 12, 2018)
Conservation Collier
Initial Criteria Screening Report
Property Name: SD Corp of Naples, Inc. (Parcels 1 and 2) and
Cypress Landings II of Naples, LLC (Parcel 3)
Folio Number(s):
Parcel 1 (77.99 acres) – 00418640007
Parcel 2 (7.16 acres) – 00425920008
Parcel 3 (30 acres) - 00419160007
Staff Report Date: February 12, 2018
Conservation Collier 2/12/18 Agenda Item V.A.26.A.5
Packet Pg. 563 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 2 of 54
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
Zoning, Growth Management and Conservation Overlays ............................................ 8
II. Statement for satisfying Initial Screening Criteria, Including Biological and
Hydrological Characteristics ............................................................................................... 9
III. Potential for Appropriate Use and Recommended Site Improvements ...................... 18
IV. Assessment of Management Needs and Costs........................................................... 19
Table 2. Summary of Estimated Management Needs and Costs ................................. 21
V. Potential for Matching Funds ...................................................................................... 22
VI. Summary of Secondary Screening Criteria ............................................................... 23
Table 3. Tabulation of Secondary Screening Criteria .................................................. 23
Figure 5. Secondary Screening Criteria Scoring.......................................................... 23
Exhibit A. FLUCCs Map ............................................................................................. 25
Exhibit B. Soils Map .................................................................................................... 26
Exhibit C. Wellfield Protection and Aquifer Recharge Maps ..................................... 27
Exhibit D. Zoning and LASIP Easement Maps ........................................................... 28
Exhibit E. Historical Aerial 1940 (Source: Property Appraiser) .................................. 29
Exhibit F. FEMA Map .................................................................................................. 30
Exhibit G. LIDAR Map ................................................................................................ 31
Exhibit H. Surface Water Priorities CLIP4 Map and Groundwater Flow (Florida
Atlantic University and SFWMD, 2008) ...................................................................... 32
Exhibit I. Landscape Integrity CLIP4 Map ................................................................. 33
Exhibit J. Priority Natural Communities CLIP4 Map .................................................. 34
Exhibit K. Biodiversity CLIP4 Map ............................................................................. 35
Exhibit L. Potential Habitat Richness CLIP4 Map ....................................................... 36
Exhibit M: Strategic Habitat Conservation Areas CLIP4 Map .................................... 37
Exhibit N. Aggregated Conservation Priorities CLIP4 Map ...................................... 38
Exhibit O. USFWS Listed Species Focal and Consultation Areas Maps ..................... 39
Exhibit P. Completed and Scored Secondary Criteria Screening Form ...................... 40
Exhibit Q. Photographs ................................................................................................ 43
26.A.5
Packet Pg. 564 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 3 of 54
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.
26.A.5
Packet Pg. 565 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 4 of 54
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 SD Corp of Naples, Inc.
and Cypress Landings II
of Naples, LLC
SD Corp of Naples owns parcels 1 (77.99 ac) and 2 (7.16
ac). Cypress Landings of Naples, LLC owns parcel 3 (30
ac). The principals of both entities are the same.
Folio Numbers 00418640007
00425920008
00419160007
Parcel 1 – 77.99 acres
Parcel 2 – 7.16 acres
Parcel 3 – 30 acres
Target Protection
Area
Urban Within the coastal urban area
Size 115.15 acres Offered as a group
STR S 16 T50S R26E All properties within same STR
Zoning
Category/TDRs
PUD and Agriculture Parcel 1 – PUD (Shadow Wood), Parcels 2 and 3 -
Agriculture
FEMA Flood Map
Category
AH with small areas of
AE
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. (Moderate flooding)
AE – Area subject to inundation by 1-percent-annual-
chance flood event. Base flood elevations, mandatory
flood ins and floodplain management standards apply.
(Flooding likely)
Existing
structures
n/a No structures
Adjoining
properties and
their Uses
PUD Planned Unit
Development),
Agriculture, RSF
(Residential Single Family
3 and 5 (units per acre)
To the North is the Naples Heritage Development,
Agricultural and 10 acres belonging to Collier County ,
East is Naples Lakes Country Club, Wing South and
Shadowood Park. To the west is Agriculturally zoned
lands with single family residential. To the South is
residential single and multi-family residential.
Development
Plans Submitted
Development plans were developed for Shadowood but the
development was not built due to access costs required
Known Property
Irregularities
Oil, Gas and Mineral
rights (OGMs)
Abandoned building
OGMs not included.
There is a portion of an abandoned utility building on
parcel 2. This building is the subject of a Code
Enforcement case and will be removed prior to any
potential acquisition.
Other County
Dept Interest
Transportation, Utilities,
Solid Waste, Parks and
Recreation,
Environmental Services,
Housing, Coastal systems,
Zoning/Planning,
Engineering
Capitol Project Planning provided feedback advising that
Collier County had purchased an easement on this
property encompassing 10.9 acres for the LASIP Project
in a lengthy and difficult legal procedure for $1.7 Million
in 2016 (Exhibit D).
26.A.5
Packet Pg. 566 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 5 of 54
Figure 1. Location Map
26.A.5
Packet Pg. 567 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 6 of 54
Figure 2. Aerial Map
26.A.5
Packet Pg. 568 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 7 of 54
Figure 3. Surrounding Lands Aerial
26.A.5
Packet Pg. 569 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 8 of 54
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: * $2,793,072
Estimated Market Value:** $6,479,000 total rounded value
Parcel 1 – 77.99 ac - $4,212,000 - $54,000/ac
Parcel 2 – 7.16 ac - $436,760 - $61,000/ac
Parcel 3 – 30 ac - $1, 830,000 - $61,000/ac
“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.
This parcel is zoned Agriculture and PUD. It is not within an established growth
management and/or other type of overlay. The implications for acquisition are that there
are no limitations other than state wetland regulations to bar its development and
development rights cannot be severed and sold in advance. Easements may also affect the
value of a property. A full evaluation of easements will occur if the property is selected for
acquisition. Currently known easements include Stormwater easements for 10.9 acres
around the northern and eastern portions of the property (Exhibit D). These easements
were acquired by the County in 2016 to construct Stormwater improvements to the Wing
South/Sandy Lane Interconnect segment of the Lely Area Stormwater Improvement
Project (LASIP). They were acquired following an Order of Taking and a payment of
$1,715,000, which the County contested but ultimately settled because of the critical nature
of the project. These easements will remain in perpetuity.
* Property Appraiser’s Website
** Collier County Real Estate Services Department – date of value estimate – December
2017
26.A.5
Packet Pg. 570 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 9 of 54
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 brief site visit on November 9, 2017, and a more
comprehensive site visit on January 11, 2018.
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 Some remnant was found,
recorded as present by others in
2017
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
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) (Exhibit A)
and field verification of same.
FLUCCS:
The 2009 electronic database identified in order of dominance:
FLUCCS Acres
4240 – Melaleuca 66
4280 – Cabbage palm 26
4200 – Upland hardwood forest 11
7400 – Disturbed lands 4
6172 – Mixed wetland hardwoods 2
5300 – Reservoirs 1
The following native plant communities were observed in order of dominance:
FLUCCS
6240 – Pine/Cypress
6170 - Mixed wetland hardwoods
4280 – Cabbage palm
6210 – Cypress
6417 – Freshwater marsh/shrubs, brush & vines
6180 - Willow
All portions of the site were heavily invaded by exotic plant species. Some areas at approx.
25% and some as much as 75-100%. Parcel 1 is about 85% melaleuca.
26.A.5
Packet Pg. 571 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 10 of 54
An environmental assessment done in March 2017 found small areas of pine flatwoods,
tropical hardwoods, live oak, and hydric pine in addition to the ones noted above. An
Archeological Assessment done also in 2017 notes the presence of hardwood hammock.
These habitat types were not seen by staff during the site visit, possibly because t hey are
small areas or were in areas not visited. The south side of parcel 3 has several tropical
understory species as a component along with significant amounts of exotic and escaped
landscape plants, and a large gumbo limbo that had been recently felled by Hurricane Irma.
There may have been a more intact tropical hardwood habitat here at one time, but it
possibly has been invaded so significantly, that only some of the shrubs and ground-cover
component species remain. Because tropical plants were seen and a recent survey found
tropical hardwood habitat, points were awarded.
Characterization of Plant Communities present:
Parcel 1
Ground Cover: Ground cover consisted of scattered native and exotic species. Natives
included Saw grass (Cladium jamaicense), wild coffee (both Psychotria nervosa and P.
sulznerii), young cabbage palm (Sabal palmetto), wax myrtle (Myrica cerifera), butterfly
bush (Hamelia patens), young slash pines (Pinus elliottii), gulf croton (Croton puncatatus),
myrsine (Myrsine cubana), swamp fern (Blechnum serrulatum), royal fern (Osmunda
regalis), salt bush (Baccharis halimifolia), white top sedge (Dychromena colorata), wood
fern (Thelypteris sp.), goldenrod (Solidago sp.) and marsh pink (Sabatia stellaris).
Parcel 1 is heavily invaded by the following invasive exotic plant species: Melaleuca
(Melaleuca quinquinerva), Earleaf acacia (Acacia auriculiformis), Brazilian pepper
(Schinus terebinthifolius), old world climbing fern (Lygodium microphyllum), and snake
plant (Sansevaria sp.).
Midstory: The Midstory is sparse but includes scattered wax myrtle, myrsine, and the
occasional landscape palm.
Canopy: The canopy in parcel 1 contains primarily Melaleuca, but also Earleaf acacia
along with scattered slash pines.
Parcel 2
Ground Cover: Parcel 2 contains large depressional areas. One of these depressional areas
was visited. It contains primarily smartweed (Polygonum sp.), an obligate wetland (OBL)
species, with clearweed (Pilea sp.), a facultative wetland (FW) plant, at the edges. The
groundcover in these areas probably changes annually based on water levels. In non-
depressional areas the groundcover was characterized by swamp fern.
Midstory: The Midstory in parcel 2 contained willow (Salix caroliniana) which encircles
the depressional area, with myrsine, wax myrtle, buttonbush (Cephalanthus occidentalis),
and salt bush surrounding.
26.A.5
Packet Pg. 572 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 11 of 54
Canopy: There was no canopy in the depressional areas, but surrounding this area were
slash pines and cypress (Taxodium distichum) with melaleuca also a major component. A
royal palm (Roystonea regia) was observed here.
Parcel 3
Ground Cover: Parcel 3 had several different areas. FLUCCS codes identified it as a
cabbage palm habitat, and there were numerous cabbage palms, particularly on the
southern side. But it appeared that cabbage palms may have invaded the site, and that the
original habitat may have been more tropical in nature. One tropical groundcover plant
observed was indigo berry (Randia aculeata). Other ground cover species noted were
swamp fern, Chain fern (Woodwardia sp.), Wood fern (Thelypteris sp.), Southern shield
fern (Dryopteris sp.), Thoroughwart (Eupatorium sp.), Camphor-weed (Pluchea sp.),
Beggarticks (Bidens alba), butterfly bush, wild coffee (both species) and saw grass
(Cladium jamaicense). Farther west, groundcovers included scattered strap fern
(Campyloneurum phyllitidis) and false nettle (Boehmeria cylindrica). Water lettuce
(Pistia stratioides) covered the surface of a small depressional pond.
Th south side of parcel 3 is heavily invaded by landscape and other exotic plants. Among
the swamp fern, maiden fern, butterfly bush, wild coffee and indigo berry were large
patches of wandering jew (Trascadentia sp.), arrowhead (Syngonium podophyllum),
Ceasar’s weed (Urena lobata), bitter melon (Momordica charantia) and Surinam cherry
(Eugenia uniflora).
Midstory: It was in the midstory on the southern side of Parcel 3 that a tropical component
was most noted, with red stopper (Eugenia rhombia) and marlberry (Ardiaia
escallonioides) being significant components. Fire bush, Pokeweed (Phytolacca
Americana) and Yellow elder (Tecoma stans) (a non-native tropical) were also present.
Farther west, the habitat appears more like a seasonal wetland, with Dahoon holly (Ilex
cassine), Bay (Persea sp.), Hog plum (Ximenia americana) and willow present as major
midstory components. There were significant exotic species present in the midstory, here,
including Java plum (Syzygium cumini), Brazillian pepper. Earleaf acacia, Melaleuca, Air
potato (Dioscorea bulbifera), and umbrella tree (Scheffelera actinophylla).
Canopy: On the southeastern side of parcel 3 the canopy was primarily cabbage palms
and Melaleuca, with natives scattered among them, including strangler fig (Ficus aurea),
Laurel oak (Quercus virginiana), and Bay. Farther west, the canopy included more
cypress and small depressional areas of popash (Fraxinus caroliniana). The canopy in
the northern part of parcel 3 appeared to be a mixture of slash pines, laurel oaks, cypress
and melaleuca. A downed gumbo limbo (Bursera simaruba) was noted on the south side.
There are likely seedlings existing though the vegetation was very thick and none were
specifically noted. A royal palm was observed.
Statement for satisfaction of criteria: These data indicate that remnants of native habitats
remain on the parcels, even though they are severely invaded by exotic plants. Wetlands
appear more intact than uplands, with the large mesic areas appearing the most invaded,
primarily with melaleuca, but also with many other invasive plant species. Young pines
26.A.5
Packet Pg. 573 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 12 of 54
were observed growing in heavily invaded areas, so a native seed bank still exists. The
entire area appeared to be drying slightly, as evidenced by moss growing at the base of
some cypress and even on cypress knees, where water lines indicated that water had, in
past times, covered the landscape at about 16-18 inches during wet season. There were
some very large cypress trees on the western side of Parcel 3. In cypress and popash ponds,
native orchids (Encyclia tampensis) were observed in the trees. A 2017 Environmental
Assessment and Archeological Assessment both recorded hardwood hammock habitat,
though it was not seen by staff during the site visit as staff did not visit all areas. These
data suggest that native habitats are present even though severely impacted, so this criterion
was met.
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: These parcels are located within the urban area (as
identified on the 2012-25 Future Land Use Map) with residential lands surrounding them.
They are approximately 6 miles from the closest Conservation Collier Preserve (Gordon
River Greenway), but adjacent to a 100-acre public preserve area (Serenity Park). There
is paved public road access to several areas of the properties from Whitaker Road, Adkins
Ave, Polly Ave., and Everett St, where a small parking area could be developed. There are
no developed trails on the property, but aerials from earlier years show Parcel 1 has several
trails that could be re-established and used for hiking along with the LASIP easement area
that borders the parcels on the east side. Downed trees from Hurricane Irma throughout
present an obstacle for trail development. A cultural assessment was performed on the site
in March/April 2017 by The Archeological and Historic Conservancy, Inc., which explored
a midden site previously recorded on the south side of parcel 3, and found a new site, also
on the south side of Parcel 3, that was characterized as a black earth midden. Therefore,
there are archeological resources on the property that can be protected.
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)
General Hydrologic Characteristics observed and description of adjacent upland
/wetland buffers: The property is situated between 8 and 10.5 feet in elevation (Exhibit
G). Soils in some areas (mostly in parcels 2 and 3) appeared dark and organic, like they
have been submerged. Cypress knees were observed in Parcel 3, along with watermarks
on trunks indicating that at some time in the past the area was submerged between 16 and
18 inches, but that had not happened in recent years, as moss was growing on the cypress
trunks and knees all the way down to the soil. One shallow depressional area in parcel 2
was already dried out, while other depressional areas farther south and west appeared to
potentially hold water year round, based on plant species observed. Upland buffers were
severely impacted by invasive exotic plant species. The National Wetlands Inventory
classifies these parcels as palustrine (or non-tidal) wetlands with upright herbaceous
26.A.5
Packet Pg. 574 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 13 of 54
vegetation in a “persistent” (or normally remaining standing until the next growing season)
growth pattern, or forested with a semi permanently flooded water regime, and a notation
that they are partially drained/ditched (USFWS IPaC Planning and Consultation website,
http://ecos.fws.gov.ipac). A 1940’s aerial (Collier County Appraiser) shows this parcel to
be part of a significant cypress flow way (Exhibit E).
Wetland dependent plant species (OBL/ FACW) observed:
OBL FACW
Cypress (Taxodium distichum) Rose gentian (Sabatia stellaris)
Bay (Persea sp.) Chain fern (Woodwardia sp.)
False nettle (Boehmeria cylindrica) Wood fern (Thelypteris sp.)
Pop ash (Fraxinus caroliniana) Southern Shield fern (Dryopteris sp.)
Royal fern (Osmunda regalis) White-top sedge (Dichromena colorata)
Bay (Persea sp.) Clearweed (Pilea asp.)
Smartweed (Polygonum sp.) Laurel oak (Quercus laurifolia)
Willow (Salix sp.) Royal palm (Roystonea elata)
Goldenrod (Solidago sp.)
Wetland dependent wildlife species observed: A few species of wetland dependent
wildlife were observed, including little blue heron (Egretta caerula), great egret
(Casmerodius albus) Killdeer (Charadrius vociferous) and a banded water snake (Nerodia
fasciata pictiventris), though it may have been dead. These were observed on parcel 1 in
the LASIP canal.
Soils: Soils data is based on the Soil Survey of Collier County Area, Florida
(USDA/NRCS, 1990). Soils included, in order of dominance:
Soil Number and Name Acres Soil Type
14 Pineda fine sand, Limestone substratum 82 Hydric, slough
31 Hilolo, Jupiter, and Margate fine sands 15 Hydric
25 Boca, Rivera, Limestone substratum, Copeland FS 8 Hydric, depressional
21 Boca fine sand 5 Upland – seasonally wet
11 Hallendale fine sand 4 Upland – seasonally wet
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. Most
people in Collier County get their drinking water from the surficial aquifer, but many also
have wells to the Lower Tamiami aquifer, a slightly deeper aquifer. This property lies
within the Rookery Bay watershed, with groundwater flowing from the north east to the
southwest (Exhibit H).
Lower Tamiami recharge Capacity: The mapped Lower Tamiami aquifer
recharge is -16” to -1” annually. These parcels are well inside of this mapped area
which suggests that in this area the Lower Tamiami aquifer has no confining layer
between it and the surficial aquifer system (Exhibit C). Protection of this site in an
undeveloped state will help to protect the Lower Tamiami aquifer.
26.A.5
Packet Pg. 575 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 14 of 54
Surficial Aquifer Recharge Capacity: The mapped surficial aquifer recharge for
these parcels is 31” to <43” annually. They lie near the edge of the mapped area,
with the nearby zone mapped at 43” to < 56” annually. These parcels contribute
moderately to significantly to the surficial aquifer (Exhibit C).
Wellfield Protection: The closest wellfield and wellfield protection zones are 1.5
miles to the south. There is also wellfield 3 miles to the north east and one 5 miles
to the northwest. This property does not intersect any of the wellfield protection
zones (Exhibit C).
FEMA Flood map designation: The property is currently within Flood Zone AH, with
small areas of AE mapped where in deeper pockets (Exhibit F). The AH zone designation
indicates the property is subject to inundation of by the 1-percent-annual-chance flood
event where average depths are 1-3 feet, and where base flood elevations, flood insurance
and floodplain management standards apply. Deeper wetland areas are within the AE zone
which indicates areas subject to inundation by the 1-percent-annual-chance flood event,
with depths not defined. Base flood elevations, mandatory flood insurance and floodplain
management standards apply here as well.
Statement for satisfaction of criteria:
These properties are primarily wetlands (92%), with small areas of uplands (18%), based
on mapped soils and vegetation observed onsite. The parcels are classified as Palustrine
non-tidal wetlands and semi-permanently flooded by the National Wetlands Inventory
(Exhibit H). SFWMD aquifer recharge maps identify these parcels as not contributing to
recharge of the Lower Tamiami aquifer, but contributing moderately to recharge of the
surficial aquifer. The parcels lie within the Rookery Bay Watershed, which flows from the
northeast to the southwest, but are not adjacent to the main canal system that shuttles water
to the coastal areas. They may, however, contribute in a minor way to water quality in the
Rookery Bay area by remaining undeveloped and allowing sheet flow. The wetland
habitats, while existing on the parcel, are severely impacted by invasive exotic plants and
may not be providing significant wetland dependent species habitat; however, ponded areas
and the LASIP water management system provide habitat for wading bird species.
Likewise, the ponded areas along with the LASIP water management system are providing
flood control for surrounding residential properties. The LASIP canal was also designed
with a weir that protects the groundwater levels in adjacent properties such as this one so
they don’t dry out (Pers. Comm. Robert Wiley, Project Manager, Collier County GMD,
January 29, 2018).
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)
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
26.A.5
Packet Pg. 576 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 15 of 54
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 SE
Northern needleleaf Tillandsia balbisiana ST
Soft -leaved wild pine Tillandsia variabilis ST
Florida royal palm Roystonea regia SE
Simpson’s Stopper Myrcianthes fragrans ST
Marsh fern Thelypteris serrata SE
Butterfly orchid Encyclia tampensis CE
SE=State Endangered, ST=State Threatened, CE=Commercially Exploited
Additionally, a consultant assessment of the site in early 2017 found bird’s nest fern
(Asplenium serratum) (State E) and giant wild pine (Tillandsia utriculata) (State E).
Listed Wildlife Species:
Federal wildlife species protection is administered by the USFWS 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/.
One listed bird species was observed during the January 11, 2018 site visit within the
LASIP canal - Little blue heron (Egretta caerulea).
Bird Rookery observed? No bird rookery was observed.
GIS mapped species and habitats: Based on information provided by USFWS, there are
no critical habitats at this location, however, there are 2 mammals and 25 species of
migratory and other birds which could potentially use this site. Mammals include the
Florida panther (Puma cncolor coryi) and the Florida bonneted bat (Eumops floridanus).
The CLIP4 biodiversity Map shows 30 or so panther telemetry points from 2013 and 2015
on or near the property, and east of CR 951, that are the same panther (#219), however that
panther is known to have been killed in a vehicle collision in 2015 (Personal comm. Darrell
Land, FWC, January 2018). This project is not within primary panther habitat but primary
habitat is approximately 1 mile to the east, across CR 951. USFWS may consider the site
as suitable panther habitat based on past telemetry showing panther presence on the site
26.A.5
Packet Pg. 577 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 16 of 54
and an intact ecological link through Serenity par k to CR 951. The project is also within
the USFWS consultation area for the Florida bonneted bat. No bats were observed onsite
but the habitat is appropriate for bat roosting and foraging. A known wood stork (Mycteria
Americana) colony exists within 18.6 miles, placing this site within the core foraging area
for wood storks. Additionally, the site is located just under 1 mile from the closest known
red cockaded woodpecker (RCW) colony and contains habitats suitable for RCW foraging
(Exhibit O). Finally, there is the potential for presence of 25 bird species that are protected
under the Migratory Bird Treaty Act and the Golden and Bald Eagle Protection Act. These
include Bald eagle (Haliaeetus leucocephala), Black whiskered vireo (Vireo altiloquus),
and Red headed woodpecker (Melanerpes erythrocephalus).
Non-listed species observed: The following non-listed species were observed during the
January 11, 2018 site visit: Red bellied woodpecker (Melanerpes carolinus), grey catbird
(Dumetella caroliniensis), red-tailed hawk (Buteo jamaicensis), belted kingfisher (Ceryle
alcyon), killdeer (Charadrius vociferous), banded water snake (Nerodia fasciata
pictiventris), eastern phoebe (Sayornis phoebe), blue-grey gnatcatcher (Polioptila
caerulea), great egret (Casmerodius albus) and several monarch butterflies (Danaus
plexippus). Cabbage palms on the south side of parcel 3 had multiple woodpecker holes in
them, but no birds were seen entering or leaving. An eastern kingbird (Tyrannus tyrannus)
was observed during the November 9, 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
Red cockaded woodpecker Picoides borealis FE E
Statement for satisfaction of criteria: This property offers biological value for both
upland and wetland species. The CLIP4 Potential Habitat Richness layer (Exhibit L)
identifies this property has potentially supporting 5-6 vertebrate species. The CLIP4
Biodiversity layer shows this are to be a priority 2 out of 5, with Priority One panther
habitat just 1 mile to the east across CR 951 (Exhibit K). Panther telemetry data through
2016 added to this map shows that the site was used by one panther between 2013 and
2015. That panther is no longer living, but it shows the habitat is acceptable for use. The
parcel is also near known RCW colonies, within the core foraging area for a wood stork
colony, and within the consultation area for the Florida bonneted bat, all listed species
(Exhibit O). The parcels connect with the 99-acre Serenity Park conservation area and
another 170 acres of South Florida Water Management District Conservation Easements
on the north and east sides (Figure 3). Restoration may be challenging and costly. Exotic
plant removal and downed tree removal will be the primary needs for restoration, but
26.A.5
Packet Pg. 578 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 17 of 54
supplemental plantings may be necessary in areas that are currently solid melaleuca. The
ecological quality is relatively low 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 adjacent on its north and east sides
with SFWMD Conservation Easements, including the 99-acre public Serenity Park. The
Surrounding Lands Aerial map (Figure 3) shows that there is an ecological connection,
although it crosses CR 951, with the Picayune Strand State Forest. The CLIP4 Landscape
Integrity layer (Exhibit I) shows these properties to be in a lower priority area (3 and 4 on a
scale of 1- 10), however FWC Florida panther telemetry indicates that there is an ecological
connection for panthers coming from lands east of CR 951 (Exhibit K), because cat #219
was found on both sides of CR 951. The CLIP4 Strategic Habitat Conservation Area map
(Exhibit M) identifies the properties as a priority 2 area that is directly connected to a priority
1 area. The CLIP4 Aggregated Conservation Priorities classifies the properties as a priority
2, out of 1-5 categories (Exhibit N).
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
26.A.5
Packet Pg. 579 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 18 of 54
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 for this property. Historic trails can be
reopened or new trails developed but they may not be usable in wet season. Visitors could
also hike the perimeter along the mowed Lely water management easement.
Nature Photography: This would be an appropriate use.
Bird-watching: This would be an appropriate use.
Kayaking/Canoeing: Canoeing or kayaking could occur on the 1-acre lake on parcel 1,
though it may be too small for realistic use. Canoes/kayaks would not be permitted in the
Lely water management easement canals as it is too small for recreational use.
Swimming: The excavated pond and isolated wetlands would not be appropriate for
swimming due to the potential presence of alligators and venomous snakes.
Hunting: This property is too small and close to the urban area for hunting to be a realistic
use.
Fishing: Fishing could be an appropriate use at the 1-acre excavated lake.
Recommended Site Improvements: Access improvement, parking area and trails through
parcels 1, 2 and 3.
Access: The parcels have access from paved public roads at 4 points: along Polly Ave.,
including the north side of Polly, the south side of Polly, at the intersections of Polly Ave.
and Whitaker Road, the eastern end of Adkins Ave, and at the eastern end of Everett St .
The most likely access point is at the end of Adkins Ave.
26.A.5
Packet Pg. 580 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 19 of 54
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) 2017 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 (2017) 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
Melaleuca Melaleuca quinquinerva
Brazilian pepper Schinus terebinthifolius
Earleaf acacia Acacia auriculiformis
Java plum Sysygium cumini
Bishopwood Bischofia javanica
Caesar’s weed Urena lobata
Air potato Dioscorea bulbifera
Rosary pea Abrus precatorius
Old world climbing fern Lygodium microphyllum
Surinam cherry Eugenia uniflora
Arrowhead vine Syngonium podophyllum
Umbrella tree Scheffelera actinophylla
Wild taro Colocasia escuelenta
26.A.5
Packet Pg. 581 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 20 of 54
Category II
Common Name Scientific Name
Bitter melon (Momordica charantia)
Staff observations are: Melaleuca is the most common exotic plant species and parcel 1
is mostly melaleuca. Parcels 2 and 3 also have large stands of melaleuca. Melaleuca can
displace native plant communities and associated wildlife, disturb natural water flow, and
alter soil conditions. Additionally, Melaleuca can have a strong negative impact on
migrating bird species and render habitats no longer suitable for wood storks and Florida
panthers, two species that could utilize this property. There is also significant Brazilian
pepper, including large and well-established plants, along with many other FLEPPC
category 1 exotic species. Exotic removal will be costly and challenging, as this is
considered a wetland and machinery will likely not be allowed. One of the concerns will
be getting biomass from exotics off the property or reduced. Large stands of melaleuca
can present concerns for fire, as these plants contain volatile oils. Melaleuca can be
removed from edges of the property and cut, sprayed and stacked in the interior per
SFWMD guidelines (removal within 100 ft. of perimeter and stacking in interior areas).
Exotic Vegetation Removal and Control
An estimate of the cost for initial exotic removal and follow-up maintenance was developed
by averaging costs for removing thick melaleuca infestations on two Conservation Collier
preserves (Alligator Flag and Logan Woods), which cost, respectively, $1,700/ac and
$5,000/ac. The value derived is $3,350/ac. Based on this estimate, costs for the level of
infestation observed to treat exotics, remove plants on the perimeter and cut, spray and
stack in the interior would be $382,000.
Costs for follow-up maintenance, done anywhere from quarterly to annually have been
estimated in the same way (using averaged actual costs from Alligator Flag Preserve and
Logan Woods Preserve) at $115/ac for a total of $13,100 annually for 114 acres. These
costs could decrease over time as the soil seed bank is depleted.
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
design, permitting and any required land clearing.
Public Access Trails: Trails are evident on aerial photographs from the early 2000’s.
These could be re-cleared and contribute to a new trail system beginning at the Adkins
Ave. entrance where a small parking area could be developed. Hikers could access portions
of all parcels from this parking area. Clearing for trails would cost approximately
$775/mile. A 1.5-mile trail as shown in Figure 2 would cost approximately $1,200 to
install and about half that to maintain, or $390/mile at $600 for each maintenance event.
26.A.5
Packet Pg. 582 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 21 of 54
Security and General Maintenance:
Table 2. Summary of Estimated Management Needs and Costs
Management Element Initial Cost Annual
Recurring
Costs
Comments
Exotics Control $382,000 $13,100 This is assuming treatment of 114 acres
annually. Estimated from actual costs
from similar areas (Alligator Flagg and
Logan Woods Preserves)
Parking Facility $25,000 t.b.d. Small gravel/shell parking area with one
paved handicapped space
Access Trails/ Non
ADA
$1,200 $600 Based on a 1.5 miles trail at $775/mile to
clear and $600/mile to maintain – costs
from Pepper Ranch trail maintenance.
Fencing t.b.d. t.b.d. Some fencing is in place, but much of it is
not in good condition.
Trash Removal t.b.d. t.b.d. Request owner to remove trash before
conveyance. Some trash noted, including
an abandoned boat at the excavated pond.
Signs $3,015 t.b.d. Entry sign and trespassing signs every
500 feet along perimeter. For the
perimeter, 29 signs are needed at $35.00
each for a cost of $1,015. An entry sign
cost approx. $2,000.
Total $411,215 $13,700
t.b.d. To be determined; cost estimates have not been finalized.
26.A.5
Packet Pg. 583 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 22 of 54
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.
26.A.5
Packet Pg. 584 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 23 of 54
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 269 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 79 79%
Human Values/Aesthetics 100 65 65%
Vulnerability 100 75 75%
Management 100 50 50%
Total Score:400 269 67%
Percent of Maximum Score:67%
26.A.5
Packet Pg. 585 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 24 of 54
Summary of factors contributing to score
Total Score 269 out of 400 possible points
Ecological: 79 out of 100 possible points
A high score was achieved due to several factors. First is the presence of tropical hardwood
hammock habitat, a preferred ordinance habitat along with 6 other native habitat types that
were observed. The property can be considered to protect wetland resources as it
contributes to the surficial aquifer, and contains 92% wetland soils with 82 acres of slough
soils and 8 acres of depressional soils with obligate wetland plant species noted. Numerous
hydrologic indicators were also observed. Points were gained because the property is
contiguous with Serenity Park and an intact, though separated by CR 951, ecological link
with FWC Priority One panther habitat. Points were lost due to the significant exotic plant
presence.
Human Values/Aesthetics: 65 out of 100 possible points
A moderate score was achieved overall. This property is quite accessible for public use
and could be used for hiking, nature photography, fishing and education. Points were lost
because the uses are primarily terrestrial except for one small 1-acre pond that could be
used for fishing.
Vulnerability: 75 out of 100 possible points
Vulnerability of this parcel is scored as moderate to high, because even though a portion
of the property has been rezoned as Planned Unit Development (PUD), there are significant
access issues that bar its development for multi-family residential uses.
Management: 50 out of 100 possible points
The property scored moderately in the management category due to the significant
infestation with exotic plant species, difficulty in removal and presence of some
dumping, including an old boat. It gained points because no hydrologic changes are
anticipated.
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 like the 400-acre
Barron Collier Partnership LLLP Sanitation /Bethune proposal, as it is urban, of substantial
size and significantly impacted by exotic plant species.
26.A.5
Packet Pg. 586 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 25 of 54
Exhibit A. FLUCCs Map
26.A.5
Packet Pg. 587 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 26 of 54
Exhibit B. Soils Map
26.A.5
Packet Pg. 588 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 27 of 54
Exhibit C. Wellfield Protection and Aquifer Recharge Maps
26.A.5
Packet Pg. 589 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 28 of 54
Exhibit D. Zoning and LASIP Easement Maps
26.A.5
Packet Pg. 590 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 29 of 54
Exhibit E. Historical Aerial 1940 (Source: Property Appraiser)
26.A.5
Packet Pg. 591 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 30 of 54
Exhibit F. FEMA and Groundwater Flow Maps
26.A.5
Packet Pg. 592 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 31 of 54
Exhibit G. LIDAR Map
26.A.5
Packet Pg. 593 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 32 of 54
Exhibit H. Surface Water Priorities CLIP4 Map and Groundwater Flow (Florida
Atlantic University and SFWMD, 2008)
26.A.5
Packet Pg. 594 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 33 of 54
Exhibit I. Landscape Integrity CLIP4 Map
26.A.5
Packet Pg. 595 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 34 of 54
Exhibit J. Priority Natural Communities CLIP4 Map
26.A.5
Packet Pg. 596 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 35 of 54
Exhibit K. Biodiversity CLIP4 Map
26.A.5
Packet Pg. 597 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 36 of 54
Exhibit L. Potential Habitat Richness CLIP4 Map
26.A.5
Packet Pg. 598 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 37 of 54
Exhibit M: Strategic Habitat Conservation Areas CLIP4 Map
26.A.5
Packet Pg. 599 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 38 of 54
Exhibit N. Aggregated Conservation Priorities CLIP4 Map
26.A.5
Packet Pg. 600 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 39 of 54
Exhibit O. USFWS Listed Species Focal and Consultation Areas Maps
26.A.5
Packet Pg. 601 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 40 of 54
Exhibit P. Completed and Scored Secondary Criteria Screening Form
Property Name: SD Corp of Naples, Inc. and Cypress Landings
II of Naples LLC Folio Numbers: 00418640007, 00425920008, 00419160007
Geograhical Distribution (Target Protection Area): Urban
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 90
Awarded based on finding some tropical hardwood hammock
component plants and having this habitat reported by 2
assessment reports done in 2017
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
Pine/cypress, Cabbage palm, mixed wetland hardwoods,
Cypress, Freshwater marsh, Willow
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
1.A. Total 100 100
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
b. Parcel is not in a wellfield protection zone but will contribute
to aquifer recharge 50 50
surficial aquifer recharge rate: 31" to < 43" annually - adjacent to
mapped hugher recharge area (43" to < 56" annually)
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
d. Wetlands exist on site 25 25
Soils are 92% wetland soils and obligate wetland plants were
observed
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 6 8 ac depressional /114 ac total = .07% 80 X .07 = 5.6 (or 6)
b. Slough Soils 40 33 82 ac slough/114 ac total = 72% 40 X 72% = 32.8 (or 33)
c. Parcel has known history of flooding and is likely to provide
onsite water attenuation 20 20
Hydrologic indicators onserved - cypress knees, flared tree
trunks, water marks on tree trunks, organic soils
Subtotal 300 134
1.B Total 100 45 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 6 native plant communities were observed onsite
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
26.A.5
Packet Pg. 602 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 41 of 54
Exhibit P. Completed and Scored Secondary Criteria Screening Form (Continued)
26.A.5
Packet Pg. 603 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 42 of 54
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 50
The larger prtion (77.99 acres) are zoned PUD, but the site has
significant access problems for residential development. The
larger portion of the site was used for scoring and Ag lands also
allow single family development.
2. Zoning allows for density of no greater than 1 unit per 5 acres 45
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
6. Property has been rezoned and/or there is SDP approval 25 25 The larger parcel (77.99 ac) has been rezoned to PUD
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 75
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 hydrologic changes anticipated
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
d. Exotic plants constitute between 50% and 75% of plant cover 40 40
some areas have 25% and others nealry 100% exotics, but this
is a good average.
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 -20 Significant areas will require extensive removal
g. Adjacent lands contain substantial seed source and exotic
removal is not presently required -20
5.B Total 100 20
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
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 40
This parcel will require substantial maintenance and
management to chemically remove exotic plant infestations. If
downed trees and exotics need to be removed to develop trails,
significant work will need to be done and the property is a
wetland so machinery may not be allowed.
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
Some debris exists, including tires and an old boat, but site is
currently fenced and gated.
5.C Total 100 30
4. Feasibility and Management Total Score 100 50 Sum of 5A, 5B, 5C, then divided by 3
Total Score 400 269
26.A.5
Packet Pg. 604 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 43 of 54
Exhibit Q. Photographs
Photo 1. West side of parcel 3
Photo 2. Old water treatment facility – to be removed
26.A.5
Packet Pg. 605 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 44 of 54
Photo 3. LASIP canal along west side of parcel 3
Photo 4. Southwest side of parcel 3 – large fallen gumbo limbo
26.A.5
Packet Pg. 606 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 45 of 54
Photo 5. Woodpecker habitat – south side parcel 3
Photo 6. Exotic taro plant
26.A.5
Packet Pg. 607 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 46 of 54
Photo 7. Cabbage palms with hammock plants and invasive landscape
plants – south side parcel 3
Photo 8. Large dead Bay tree with evidence of Redbay Ambrosia beetle
and Raffaellea lauricola fungus
26.A.5
Packet Pg. 608 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 47 of 54
Photo 9. Parcel 3 – large infestation of Syngonium - houseplant
Photo 10. Listed plants (L to R)– Tillandsia balbisiana, Encyclia
tampensis Tillandsia variabilis, and Thelypteris serrata
26.A.5
Packet Pg. 609 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 48 of 54
Photo 11. Interior south side parcel 3
Photo 12. Large cypress and cypress knee – south west side of parcel 3
26.A.5
Packet Pg. 610 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 49 of 54
Photo 13. Pond with water lettuce – southwest side of parcel 3
Photo 14. Royal palm southwest side of parcel 3
26.A.5
Packet Pg. 611 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 50 of 54
Photo 15. Popash depression southwest side of parcel 3
Photo 16. West edge of parcel 2 with Climbing fern
26.A.5
Packet Pg. 612 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 51 of 54
Photo 17. Freshwater marsh surrounded by willow – center of parcel 2
Photo 18. South side of parcel 1
26.A.5
Packet Pg. 613 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 52 of 54
Photo 19.Southeast side of parcel 1, interior – note sawgrass in
foreground
Photo 20. East side of parcel 1 – downed melaleuca – scattered pines
26.A.5
Packet Pg. 614 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 53 of 54
Photo 21. Young slash pines in understory of parcel 1
Photo 22. Northwest side of parcel 1
26.A.5
Packet Pg. 615 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
Initial Criteria Screening Report Folio #: 00418640007, 00425920008, 00419160007
Owner Name: SD Corp of Naples, Inc. and
Cypress Landings II of Naples, LLC Date: February 12, 2018
Page 54 of 54
Photo 23. 1 acre excavated pond on parcel 1
Photo 24. Debris at excavated pond on parcel 1
26.A.5
Packet Pg. 616 Attachment: ISCR-SD Corp of Naples Agenda Item V.A (4935 : Conservation Collier LAAC - February 12, 2018)
CCLAAC February 12, 2018 Agenda Item V.C.
CCLAAC – Wallace-Konkler-Frauendorfer (WH 1.14 acres)
EXECUTIVE SUMMARY
Approve an Agreement for Sale and Purchase for 1.14 acres within the Winchester Head Multi-
parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$14,800 (Wallace-Konkler-Frauendorfer).
OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between
the Board of County Commissioners (Board) and Janet L. Wallace, Kevin L. Konkler and Linda K.
Frauendorfer formerly known as Linda K. Blake, all as tenants in common (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 116 parcels and a total of 159.81 acres. To date,
Conservation Collier has acquired 59 parcels for a total of 82.40 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 1.14 acres and is located within the Winchester Head Multi-
parcel Project. The land cost for the 1.14 acre parcel is $14,250. The Property Appraiser’s 2017
Preliminary Tax Roll assessed value for this property is $7,739.
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 $71.25 in liquidated damages.
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is provided
herewith.
26.A.6
Packet Pg. 617 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CCLAAC February 12, 2018 Agenda Item V.C.
CCLAAC – Wallace-Konkler-Frauendorfer (WH 1.14 acres)
EXECUTIVE SUMMARY
Conservation Collier – Wallace-Konkler-Frauendorfer (WH-1.14 acres)
Page 2
FISCAL IMPACT: The total cost of acquisition will not exceed $14,800 ($14,250 for the property
and approximately $550 for the title commitment, title policy, and recording of documents). The funds
will be withdrawn from the Conservation Collier Trust Fund (172). As of February 12, 2018, property
costs for Conservation Collier properties, including this property and those under contract, total
$104,378,042. 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
26.A.6
Packet Pg. 618 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLL ER
TAX IDENTIF,CAT10N NUMBER1 39959720004
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between JANET L. WALLACE,
KEVIN L. KONKLER AND LINDA K. FRAUENDORFER formerly known as LTNDA K.
BLAKE, all as tenants in common, whose address is 6095 Catawba Drive, Grove
City, Ohio 43'123-9513, (hereinafter referred to as "Selle/'), and COLLTER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose address
is 3335 Tamiami Trail East, Suite 101, Naples, FL 34'112, (heteinafiet referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of lhat certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respeclive
undertakings of the parties hereinafter set forth and the sum of Ten Dollars (g10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I, AGREEMENT
1.01 ln consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Fourleen
Thousand Two Hundred and Fifty Dollars and 00/100 dollars ($14,250.00),
(U.S. Currency) payable at time of closing.
Ir. cLostNG
3.01 The Closing (THE 'CLOSING DATE", "DATE OF CLOSING", oR
'CLOSING) of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Manager of the
Real Property Management or designee is authorized to enter into such mutual
1
26.A.6
Packet Pg. 619 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 39959720004
written agreements on behalf of the County for extensions of up to an additional
60 days without further approval by the Board of County Commissioners. The
Closing shall be held at the Collier County Attorney's Office, Administration
Building, 3299 Tamiami Trail East, 8rh Floor, Naples, Florida. The procedure to be
followed by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualiflcations. 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:
3.0111 Warranty Deed in lavor of Purchaser conveying tifle 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 statement.
3.01 13 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit,', as
required by Section '1445 of the lnternal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap,,and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request 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 Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article lll hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
26.A.6
Packet Pg. 620 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAIION COLLIER
TAX IOENTIFICATION NUMBER: 39959720004
3.02 Each party shall be responsible for payment of its own attorney,s fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
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 Tifle policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost ofthe 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
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REOUIREMENTS AND CONDITIONS
4.01 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;
4.0'1 1 Within fifteen ( 15) days after the date hereof, pu rchaser shall obtain as
evidence of title an ALTA Commitment for an Owner,s Tifle lnsurance policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. lf the tifle commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 lf Purchaser shall fail lo advise the Seller in writing of any such
obiections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser,s objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. ln the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the tifle
commitment.
26.A.6
Packet Pg. 621 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
TAX IOENTIFICATION NUMBER: 39959720004
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. 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 pOects 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 (90)
days from the effective date of this Agreement to notify Seller of any suchobjections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property 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 of
this 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 State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservalion Collier program.
5.02 lf Purchaser is not satisfled, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller
26.A.6
Packet Pg. 622 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERT 39959720004
in 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 its
investigations and the contingencies of this Article V shall be deemed waived. ln
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 ofthe Property 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 equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 lf the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otheMise 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,
①
26.A.6
Packet Pg. 623 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMAER: 39959720004
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (.1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller,s sole
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 Purchaser'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 WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreemenl and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presenfly 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 a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed 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, municapal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
⑪
26.A.6
Packet Pg. 624 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COtL ER
TAX IDENTIF10AT10N NUI.IBER1 39959720004
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any podion thereof.
'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
Prope(y 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.
10.0'17 Seller represents that there are no incinerators, seplic tanks or
cesspools on the Property; 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 dascharged from the Property, direcfly 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 have
(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 conneclion with the
Property 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 the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
1O.02O Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
26.A.6
Packet Pg. 625 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COし LIER
TAX IDENTIFICAT10N NuMBER1 39959720004
improvement agreements, utility moratoriums, use moratoriums, amprovement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
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 lhe 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 effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter inlo any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 Al the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 To the best of Seller's knowledge, 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 for, directly or indirectly, pursuant to or in connection
with the application of any federal, state, local or common law relating to
pollution or protection of the environment, which shall be in accordance with,but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq.,
('CERCLA' or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts, but only for pollution
that occurred on Property during Seller's ownership of the Property. This
provision and the rights of Purchaser, hereunder, shall survive Closing and are
not deemed satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
26.A.6
Packet Pg. 626 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLL ER
TAX IDENTIFICAT10N NUMBER1 39959720004
XI. NOTICES
11.01 Any notice, request, demand, inslruction or olher communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
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, SRAy'UA, Senior Property Acquisition Speciatist
Collier County Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 341 12
Telephone number: 239-252-8917
Fax number: 239-252-887 6
lf to Seller: Janet L. Wallace
6095 Catawba Dr
Grove City, OH 43123-9513
lf to Seller: Kevin L. Konkler
'1862 Stable Trail
Palm Harbor, FL 34685
lf to Seller: Linda K. Frauendorfer
21525 N. Old Farm Road
Barrington, lL 60010
11.02 fhe 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 unlil 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
26.A.6
Packet Pg. 627 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 39959720004
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
'13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is execuled by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
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.
13.04 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 "offer" to purchase represented
by this Agreement is subject to acceptance 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.
10
26.A.6
Packet Pg. 628 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERT 39959720004
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 to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficaal 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.
XIV, ENTIRE AGREEIVIENT
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 Prolect/Acquislion Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E BROCK,Clerk
, Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISS10NERS
COLLIER COUNTY,FLORIDA
BY:
ANDY SOLiS,Charman
Assistant County Attorney
■■
26.A.6
Packet Pg. 629 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLL:ER
TAX:DEN■FiCAT:ON NUM8ER:39959720004
AS TO SELLER:
WITNESSES:
嘔 #1(P"nt N8●腱)12
26.A.6
Packet Pg. 630 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT:ON COLLIER
TAX!DENTIド :CAT10N Nυ MBER:39959720004
AS TO SELLER:
W!TNESSES:
Witness *1 (Signature)
Wttness,1(p●nt Nan■)KEVIN L KONKL
版 _t、l″
`
1`:::'′
'(1_′
(‐´イt_´´´
'(Wmne"●2(StOnatu●)‐7腸 .協 レうた1/
26.A.6
Packet Pg. 631 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLLIER
TAX,DENTIFICATION NUMBER:39959720004
AS TO SELLER:
WITNESSES:
R For'LcJ
known as L!NDA K BLAKE
Witness #1 (Signature)
W輛 oss,1(Pttnt N8me)
Wttness#2(Prlnt Name)
ENDORFER formerly
26.A.6
Packet Pg. 632 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLLIER
TAX:DENTIFiCAT!ON NUMBER:39959720004
EXH:B:T“A"
PROPERttY IDENTIFICAT10N NUMBER: 39959720004
LECAL DESCRIPT10N:
THE VVEST SEVENTY‐FiVE(75)FEET OF THE VVEST ONE HUNDRED
FIFttY(150》FEET OF ttRACT 80,GOLDEN GATE ESTATES,UN!T NO
65,ACCORDING ttO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 5,PAGE 88 0F THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
l14 Acres
■526.A.6
Packet Pg. 633 Attachment: Wallace ES-Agreement Agenda Item V.C (4935 : Conservation Collier LAAC - February 12, 2018)
CCLAAC February 12, 2018 Agenda Item V.D.
CCLAAC – Thurston
EXECUTIVE SUMMARY
Approve an Agreement for Sale and Purchase for 1.14 acres within the Red Maple Swamp Preserve
Multi-parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $7,100 (Thurston).
OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between
the Board of County Commissioners (Board) and Tyler Thurston (Seller).
CONSIDERATIONS: On January 27, 2004, Agenda Item 10A, the Board approved a Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List (AAL),
with changes, and directed staff to actively pursue acquisition of the properties unde r the Conservation
Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confirmed their direction to staff
authorizing staff to proceed with purchase contracts for Golden Gate Estates, Unit 53 Multi Parcel Project
now known as the Red Maple Swamp Preserve Multi-parcel Project (Project), properties as they become
available and to bring these contracts back to the Board for final approval. On September 26, 2006,
Agenda Item 10G, the Board directed staff to discontinue buying properties within the Project due to
rising property costs. On January 29, 2008, Agenda Item 10F, the Board accepted CCLAAC’s
recommended AAL reactivating and placing the Project on the “A” list. On January 25, 2011, Agenda
Item 10B, the Board accepted CCLAAC’s recommended Cycle 8 AAL, placing the 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 Project.
The Red Maple Swamp Preserve Multi-parcel Project consists of 108 parcels and a total of 305.69 acres.
To date, Conservation Collier has acquired 74 parcels consisting of a total of 207.70 acres.
Staff contracted with two independent, state-certified, general real estate appraisers to appraise all parcels
within the Project. The appraisers based their analysis on comparable sales from wetland, not upland
parcels, preferably within the Project boundaries. The averaged appraised value for all parcel s is $5,750
an acre.
The Seller’s property contains 1.14 acres and is located within the Project, also known in the
Conservation Collier Program as the Red Maple Swamp Preserve. The land cost for the 1.14 acre parcel
is $6,555.
The attached Agreement provides that should the County elect not to close this transaction for any reason,
except for default by the Seller, the County will pay the Seller $32.78 in liquidated damages.
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is provided
herewith.
FISCAL IMPACT: The total cost of acquisition will not exceed $7,100 ($6,555 for the property and
approximately $545 for the title commitment, title policy, and recording of documents). The funds will
be withdrawn from the Conservation Collier Trust Fund (172). As of February 12, 2018, property costs
for Conservation Collier properties, including this property and those under contract, total $104,384,597.
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.
26.A.7
Packet Pg. 634 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CCLAAC February 12, 2018 Agenda Item V.D.
CCLAAC – Thurston
EXECUTIVE SUMMARY
Conservation Collier – Agreement for Sale and Purchase – Thurston
Page 2
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
26.A.7
Packet Pg. 635 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLL ER
P「opelγ ldentincation No 39491680000
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between TYLER THURSTON,
whose address is 810 Hartley Place, Lansdale, PA 19446, (hereinafter referred to as
"Seller"), and COLLIER COUNTY, a polilical subdivision of the State of Florida, its
successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101 , Naples,
FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a parl hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the padies hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1 01 1n consideration of the purchase price and upOn the terms and cond tions
hereinafter set forth, Se∥er sha∥se∥tO Purchaser and Purchaser sha∥ purchase
from Se∥erthe Property,desclbed in Exhib蔵 ・A"
IL PAYMENT OF PURCHASE PRICE
2 01 The purchase price (the ・ Purchase Price")fOr the PropeⅢ/ Sha∥ be Six
Thousand Five Hundred and Fifw―Five Do∥ars and Oo′loo do∥ars{s6,55500),
(U S Currency)payable at time of closing
lll CLOSING
3 01 The Closing (THE "CLOSlNG DATEt ・DATE OF CLOSINGl OR
'CLOSING・ )of the transac∥on sha∥be held On o「beforeいO hundred and fO中
(240)dayS fOIlowing execution of this Agreement by the Purchaser, unless
extended by mutual written agreement Of the parties hereto The Manager Ofthe
Real PrOperty Management or designee is authorized to enter into such mutual
wttllen agreements on behar ofthe county for extens ons Of up tO an addl Onal
60 days wnhout funher apprOval by the Board of County COmmissiOners The
Closing sha∥ be hed at the cO∥ier cOunty Attorney s Ofrce, Admin straJon
Bu∥ding,3299 Tamiami Tra∥East,8th Floor,Naples,Flo「ida The prOcedure to be
fo∥owed by the parties in cOnnectiOn with the c10sing sha∥be as fO∥Ows:
26.A.7
Packet Pg. 636 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentification No. 39491680000
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. 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:
3.0111 Warran9 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'l 2 Combined Purchaser-Seller closing statement.
3.0'113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section '1445 of the lnternal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.01'14 A W-9 Form, "Request for Taxpayer ldentification and
Certification" as required by the lnternal Revenue Service.
3.012 At the Closing, the Purchaser, or ils 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 Tifle
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto. and the Tifle
Company is irrevocably committed to pay the Purchase price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article lll hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney,s fees. Seller,
al its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.0.1,
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 Tifle policy, issued
pursuant to the Commitment provided for in Section 4.01.1 below, shall be paid by
Purchaser. The cost of the title commitmenl shall also be paid by purchaser.
26.A.7
Packet Pg. 637 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentification No 39491680000
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
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV, REOUIREMENTS AND CONDITIONS
4.01 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 Title lnsurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. lf the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or lo
terminate this Agreement.
4.012 lf Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closlng. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. ln the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiralion of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. lf the survey
26.A.7
Packet Pg. 638 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentification No 39491680000
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 (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminale 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
Property 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 of
this 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 State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf purchaser fails to notify the Seller
in 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 its
investigations and the contingencies of this Article V shall be deemed waived. ln
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reporta and
environmental and soil testing results commissioned by purchaser with respect to
the Property.426.A.7
Packet Pg. 639 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentification No. 39491680000
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.
v . POSSESSTON
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII, PRORATIONS
8.01 Ad valorem laxes nelit due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 20'17 taxes, and shall be
paid by Seller.
IX, TERMINATION AND REMEDIES
9.01 lf Sellershall 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 equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 lf the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails lo close the
transaction contemplated hereby or otherwise 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 cancelthis Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller,s soleand exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Eitate
Brokers), hereof. The parties acknowledge and agree that Seller,s actual
damages in the event of Purchaser's default are uncertain in amount and difficultto ascertain, and that said amount of liquidated damages was reasonably
26.A.7
Packet Pg. 640 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentification No. 39491680000
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 WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the 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 a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed 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, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Selle/s ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.0'15 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
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,
26.A.7
Packet Pg. 641 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentification No. 39491680000
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 Property; 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 indirectly
into any body of water. Seller represenls 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 currently 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 have
(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 ol 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
Property 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 atfect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
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 nol been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
26.A.7
Packet Pg. 642 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentification No. 39491680000
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 effective 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 change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
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, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
xr. NoTtcEs
'I 1.0'l Any notice, request, demand, instruction or other communication to begiven to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
lf to Purchaser: Alexandra Sulecki, Coordinator
Conservation Collier program
Collier County parks and Recreation Division
Public Services Department
Golden Gate Community park
26.A.7
Packet Pg. 643 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLL ER
Propei、ldentrcatOn No 39491680000
With a copy to:
3300 Santa Barbara Blvd.
Naples 34116
Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist
Collier County Real Property Management
3335 Tamiami Trail East, Suite '10'l
Naples, Florida 34112
Telephone number. 239-252-8917
Fax number: 239-252-887 6
Tyler Thurston
810 Hartley Place
Lansdale, PA 19446
Telephone number: 267-7 56-0924
Fax number: N/A
lfto Se∥er
11.02 fhe 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 broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII, MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
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.
26.A.7
Packet Pg. 644 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVATION COLLIER
Property ldentitication No 39491680000
13.04 Captions and section headings contained an this Agreement are for
convenience and reference onlyi 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 effectave 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 specirled 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 "offer" to purchase represented
by this Agreement is subject to acceptance 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, trusl or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneflcial 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 goyerned and construed in accordance with the laws of
the State of Florida.
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 agreemenls 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.
10
26.A.7
Packet Pg. 645 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
00NSERVAT10N COLt:[Rp―ldenttk"囀 bn No 39491080000
:N VVITNESS WHEREOF,the parties heretc have slgned beicw_
omd PК ttxガ A"uisttn Approved by BCC:
AS TO PURCHASER:
ATTEST:
DWiGHT E BROCK,Clerk BOARD OF COUNTY COMMISS:ONERS
COLL:ER COUNTYlFLOR:DA
BY:
PENNV TAYLOR,Chaiman, Deputy Clerk
Approved as to form and legafty:
w.{f!€! fi (Sig'.turc)
`″「んやr
■■
26.A.7
Packet Pg. 646 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
CONSERVAT10N COLL ER
Property ldentncatiOn No 39491680000
EXH:BIT“A"
PROPERTYIDENTIFICAT10N NUMBER: 39491680000
LEGAL DESCRIPT10N:
WEST 75 FEET OF THE EAST 150 FEET OF TRACT N0 20,GOLDEN
GATE ESTATES, UNIT N0 53, ACCORDING TO PLAT THEREOF
RECORDEDIN PLAT B00K 7,PAGE 931N THE PUBLIC RECORDS OF
COLLIER COUNTY,FLORIDA
l 14 acres
■226.A.7
Packet Pg. 647 Attachment: Thurston ES-Agreement Agenda Item V.D. (4935 : Conservation Collier LAAC - February 12, 2018)
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 Susan Calkins s.i.w.e.w.e.w.e.f.t.v., s.i.s.i.s.i.s.i.f.t., w.e.v., s.i.
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 2/12/18 Agenda Item V.E.
1
26.A.8
Packet Pg. 648 Attachment: Application for CCLAAC - Calkins (4935 : Conservation Collier LAAC - February 12, 2018)
Advisory Board Application Form
Collier County Government
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252-8400
Application was received on: 1/6/2018 9:11:22 PM.
Name: Susan Calkins Home Phone: 239-354-8708
Home Address: 122 Moorings Park Dr
City: Naples Zip Code: 34105
Phone Numbers
Business:
E-Mail Address: Calkritas@aol.com
Board or Committee: Land Acquisition Advisory Committee
Category: Not indicated
Place of Employment: Retired
How long have you lived in Collier County: more than 15
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 2/12/18 Agenda Item V.E.
2
26.A.8
Packet Pg. 649 Attachment: Application for CCLAAC - Calkins (4935 : Conservation Collier LAAC - February 12, 2018)
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
Currently serve on the Collier County Land Acquisition Advisory Committee Previously served on the
Collier County Hispanic Affairs Advisory Board
Please list your community activities and positions held:
Past co-chair of Park West Neighborhood organization, City of Naples; served on the city's President's
Council Past president of the Greater Naples Branch of the American Association of a University Women
Member of the Board of League of Women Voters (2013-17) Member of the Friends of Rookery Bay
Board, Conservancy policy volunteer Hodges Center for a Lifelong Learning, Instructor and member of
advisory board Past board member of Immokalee Housing and Family Service Greater Naples
Leadership alumna (class VII)
Education:
MA in Anthropology MSW, University of Michigan Post graduate work in international development,
Michigan State University Fulbright awardee (studied economic development and tourism in MX and
Central America)
Experience / Background
Employed as professor of sociology and anthropology, Macomb Community College, Warren, MI; taught
course on Eco-tourism as part of study abroad program in Yucatan, MX training as Florida Master
Naturalist( certified in two of three areas) has given me specific knowledge/awareness of Florids
environment I have organized numerous environmental education programs both while employed and
as a community volunteer in Collier County
Conservation Collier 2/12/18 Agenda Item V.E.
3
26.A.8
Packet Pg. 650 Attachment: Application for CCLAAC - Calkins (4935 : Conservation Collier LAAC - February 12, 2018)