Agenda 09/11/2012 Item #16A22Ile-
Y
Recommendation to allow Barefoot Beach Club', Condominium Owners Association, Inc.
and the Conservancy of Southwest Florida, Inc. to enter upon County property to begin
exotic removal, data collection and monitoring of the mangrove forest on County -owned
property in the vicinity of Lely Barefoot Beach.
OBJECTIVE: To allow Barefoot Beach Club Condominium Owners Association, Inc.
( "Barefoot ") and the Conservancy of Southwest Florida, Inc. (the "Conservancy ") to enter upon
County property to begin exotic removal, data collection and monitoring of the mangrove forest
on County -owned property in the vicinity of Lely Barefoot Beach.
CONSIDERATIONS: On June 14, 2011, the Boar of County Commissioners directed staff to
work with the Conservancy and Barefoot to work out an agreement for the trimming of the
mangrove forest on County— owned property. The parties are working out the details of an
agreement, which is expected to go to the Board of County Commissioners for approval in
October or November.
In the meantime, both the Conservancy and Barefoot have requested that the County approve a
Right of Entry to each the Conservancy and Barefoot, which would allow Barefoot to enter the
County property to perform exotic removal and the Conservancy to enter the County property to
perform data collection and monitoring of the man grove forest. Any data collected by the
Conservancy will be used as a baseline for future data collection and monitoring.
Section 3.05.07.H.l.g.vi of the Land Development ode (LDC) excludes the requirement for a
Vegetation Removal Permit (VRP) for vegetation removal required to implement preserve
management plans. Since the right of entry provides for appropriate standards to remove
vegetation from this preserve, staff recommends tha the approval of the right of entry together
with the attached standards meet the intent of the LD . and no VRP will be required.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A
majority vote of the Board is needed for Board approval. [HFAC]
RECOMMENDATION: That the Board of County Commissioners approve the proposed
Rights of Entry to the Conservancy and to Barefoot.
Prepared by: William D. Lorenz Jr., P.E., Director, Natural Resources Department
I
Attachments: 1) Right of Entry for Barefoot, 2) Right of Entry for Conservancy, 3) E -mail
from the Conservancy
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22.
Item Summary: Recommendation to allow Barefoot Beach Club Condominium Owners
Association, Inc. and the Conservancy of Southwest Florida, Inc. to enter upon County
property to begin exotic removal, data collection and monitoring of the mangrove forest on
County -owned property in the vicinity of Lely Barefoot Beach.
Meeting Date: 9/11/2012
Prepared By
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
8/22/2012 9:28:34 AM
Approved By
Name: PuigJudy
Title: Operations Analyst. GMD P &R
Date: 8/22/2012 10:50:40 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/22/2012 3:30:37 PM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 8/28/2012 9:41:46 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/28/2012 4:47:17 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/29/2012 4:09:04 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
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Date: 8/31/2012 11:34:22 AM
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0!' 1 /2012, Item
"Y"
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a political
subdivision of the State of Florida, whose post off-ice address is 3299 Tamiarni Trail East.
Naples, Florida 34112. hereinafter known as "Grantor "', for and in consideration of Ten Dollars
($10.00) and other valuable consideration to it in hand paid. does hereby grant unto the
BAREFOOT BEACH C1X;B CONDOMINIUM OWNERS ASSOCIATION, INC., whose
post office address is 259 Barefoot Beach Blvd., Naples, Florida 314134, hereinafter known as
"Grantee", the temporary license and right to enter upon the lands of the Grantor. as described in
Exhibit "A", attached hereto (the "County property"), which is made a part hereof, to conduct
exotic and invasive species removal within the mangrove forest on the County property.
For purposes of this right of entry. exotic and invasive species shall include. but are not
limited to. excessive vine gro'"41) and all non-native and exotic vegetation (defined as species
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listed in the Collier County Land Development Code Section 3.05.08 and Florida Exotic Pest
Council Categories I and 11).
Non-native. exotic and nuisance plants shall be killed in a manner consistent with current
exotic vegetation treatment practices while reducim-, darriaoc to non-target species. to the
maximum extent practicable. Exotic and invasive plant species removal shall be by hand
clearim, and "kill in place methods only. Large individual non-native trees (greater than 4"clbli)
ma% be. poisoned in place. Cut stumps xvill be treated with an approved herbicide containing a
Visual tracer dye. All use ol -herbicides shall be applied by a licensed herhicidc applicator in
Compliance with all labc1i.no requirements.
THIS right of entry shall mllornaiicahN expire sixi", (60) days after its execution.
AI)DITI ON ALL)", the rights and interest granted hereunder are conditioned upon tile
reasonabic, exercise thereof bv Grantee. Grantee further aurees that it shall. at the Grantee's cost,
repair any surface daniage caused to Grantor's property as a result of Grantee's exercise of its
rights hereunder.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name this day of 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:._
Deputy Clerk FRED W. COYLE, Chairman
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Approved as to forn-i and
legal sufficiency:
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — County Property
C11'.IO- ENS - 00432140
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Exhibit A
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RIGHT OF ENTRY
KNOW ALL MEN BY T14F.,SE PRESENTS that COLLIER COUNTY, a political
subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East'.
Naples.. Florida ' )4112, hereinafter known as -Grantor", for and in consideration of Ten Dollars
($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the
CONSERVANCY OF SOUTHWEST FLORIDA, INC., whose post office address is 1450
Merrihue Drive, Naples, Florida 34102, hereinafter known as "Grantee-, the temporary license
and right to enter upon the lands of the Grantor, as described in Exhibit "A", attached hereto (the
"County property"), which is made a part hereof, to perform data collection and monitoring of
the mangrove forest on the County property.
THIS right of entry shall automatically expire sixty (60) days after its execution.
ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the
reasonable exercise thereof by Grantee. Grantee further agrees that it shall, at the Grantee's cost,
repair any surface damage caused to Grantor's property as a result of Grantee's exercise of its
rights hereunder.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name this _ day of .201-1.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
MM
, Deputy Clerk
Approved as to fonn and
Legal sufficiency:
1'0`.A �--
Heidi Ashton-Cicko
Manaainc, Assistant County Attorney
Attachment: Exhibit A — County Property
Cll d O-ENS-00412'-35
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FRED W. COYLE, Chain-nan
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W- T ML-
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Exhibit A
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!tars,
AshtonHeil&
Subject: FW: Right of Entry
From: Rachael Loukonen [mailto:RLoukonen @ gfpac.com]
Sent: Tuesday, August 21, 2012 4 :17 PM
To: AshtonHeidi; Tom Mullin; LorenzWilliam
Cc: LenbergerSteve
Subject: RE: Right of Entry
Heidi,
This email confirms that the Conservancy accepts and is agreeable to the County issuing a right of entry to Barefoot for
Barefoot to perform exotic removal. The Conservancy also accepts and is agreeable to the executive summary and right
of entry for the Conservancy to perform monitoring and data collection.
Rachael S. Loukonen I Board Certified Business Litigation Attorney
(237) 514 -1000
GRANT 'rantFrldkInFearson,P
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FRIDKIN rz. J5::1 Rioae {.wooc Dn. _. Suite 5fi i rlapt 1ilu
PEAR §6 E'+l TO t22u+ 51 10 00 I Fax ;239! 5 C 7.'1:'
rIou,konenn _ofpac. corn f p i .curt!
The preceding email message may have information that is confidential. may be protected by the attorney/client or other applicable privileges, and may constitute
nonpublic information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, forwarding, or copying of this
communication is prohibited. If you have received this communication in error, please notity the sender immediately by email or by calling (239) 514 -1000 and
delete the original message. Thank you.
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