Agenda 01/11/2011 Item #16E3
Agenda Item No. 16E3
January 11,2011
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation that the Board approve, and authorize the Chairman to sign two
Lease Agreements with the Florida Fish and Wildlife Conservation Commission (FWC)
in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper
Ranch Preserve in January and February 2011.
OBJECTIVE: To facilitate FWC sponsored youth hunts at Pepper Ranch Preserve.
CONSIDERATIONS: At its June 22,2010 meeting, Agenda Item 16E2, the Board directed
the chairman to execute all inter-agency agreements necessary to facilitate hunting at Pepper
Ranch Preserve. As a result, the Board of County Commissioners entered into a Youth Hunt
Agreement with FWC on July 1, 2010. FWC lawyers have since reviewed all Youth Hunt
Agreements throughout the state, and they have asked all volunteer landowners to enter into
Lease Agreements in addition to these Youth Hunt Agreements.
The Lease Agreement is similar to the Youth Hunt Agreement; however, the Lease
Agreement contains detailed dates of hunts and a legal description of the landowner's
property.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
LEGAL CONSIDERATIONS: The Agreement was derived from the FWC standard fonn
agreement. This item has been reviewed and approved by the County Attorney's Office and is
legally sufficient. This item requires a majority vote - STW.
RECOMMENDA TION: That the Board approve, and authorize its Chairman to sign two
Lease Agreements in order to allow FWC to conduct Youth Hunts for Collier County
residents at Pepper Ranch Preserve in January and February 2011.
PREPARED BY: Melissa Hennig, Principal Environmental Specialist, Facilities
Management Department
Agenda Item No. 16E3
January 11, 2011
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E3
Recommendation that the Board approve, and authorize the Chairman to sign two Lease
Agreements with the Florida Fish and Wildlife Conservation Commission (FWC) in order to
allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in
January and February 2011.
1/11/2011 9:00:00 AM
Meeting Date:
Approved By
Skip Camp, C.F.M.
Director - Facilities Management
Date
Administrative Services
Division
Facilities Management
12f20f2010 4:35 PM
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
12/21/2010 8:02 AM
Approved By
Len Golden Price
Administrator - Administrative Services
Date
Administrative Services
Division
Administrative Services Division
12f22f2010 9:26 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12f28f2010 2:54 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Office of Management &
Budget
Office of Management & Budget
1f4f2011 9:20 AM
Approved By
Mark !sackson
Management/Budget Analyst, Senior
Date
Office of Management &.
Budget
Office of Management & Budget
1f4!201111:18 AM
January 11, 2011
Page 3 of 21
FWC Contract No. /tJ;J.,.o7
LEASE AGREEMENT
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County
AND
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
THIS LEASE AGREEMENT (AGREEMENT) is entered into by and between the
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620
South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "LESSEE,. and
Collier County whose address is 3301 Tamiami Trail, East, Naples, FL 34112, is hereafter
"LESSOR. ·
NOW THEREFORE, the LESSEE and the LESSOR, for the considerations hereafter
set forth, agree as follows:
1. TERM: This Agreement shall begin January 14, 2011, and shall remain in effect for
three days as outlined in Exhibit A - Youth Hunting Program of Florida Youth Hunt
Announcement Form.
2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch
Preserve, is apprOXimately 3,000 acres in Collier County, Florida, as more particularly described
in Exhibit B attached hereto (the "Premises.).
3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and
limitations upon the establishment of and the uses of the lands listed above for the express
purpose of providing a Commission-sponsored activity as described in Exhibit A - Youth
Hunting Program of Florida Youth Hunt Announcement Form - by the LESSEE to enhance,
encourage and educate youth in the use of safe and practical hunting and fishing techniques
and tactics in the outdoors.
4. USES: The LESSEE shall have the exclusive right to enter onto the property to plan,
improve and otherwise make provisions for use under the terms of this Agreement.
The use of the Premises for a Commission-sponsored youth hunting activity as
described in Exhibit A shall be for the management of wildlife and/or aquatic life as outlined in
Exhibit A, including, but not limited to, the implementation of programs for public hunting and
fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the
public.
The use of the Premises for a youth hunt, except as herein provided, shall not be
inconsistent nor interfere with the LESSOR's uses of the land .other than the restriction of
hunting be limited to the number of pre-determined youth hunters as outlined in Exhibit A. The
LESSOR shall endeavor to use the land so as not to unreasonably interfere with the exclusive
uses of the land by the LESSEE. LESSEE agrees to notify LESSOR in advance of any other
hunting or other activities taking place on the premises that may present a danger to human life
or health, or that may affect or interfere with the activities described in Exhibit A.
5. ACCESS: Subject to the terms and conditions of this Agreement, the LESSEE shall
have free and full access to the Premises during the term for the purpose of administering youth
training programs, and the LESSOR shall take reasonable steps to provide such free and full
access by the LESSEE; provided, however, the LESSOR shall have no duty of care to keep the
Premises safe for entry or use by others, or to give warning to others entering or going on the
Premises, as set forth in Fla. Stat. S 375.251.
Page 1 of4
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January 11, 2011
Page 4 of 21
FWC Contract No. /tJtA57
6 STRUCTURES: The LESSEE shall obtain prior approval from the LESSOR before
using any facilities or locating any temporary structure, including any hunting blinds or
treestands, as herein provided. No structure shall be located permanently on the Premises
without the prior written approval of the LESSOR.
7. GENERAL MAINTENANCE: The LESSEE shall, at its sole expense and to the best of
its ability, maintain the Premises in a clean and natural state and prevent and remove all litter
and debris on the Premises arising from the uses of the land for a Commission-sponsored youth
hunt. Further, except as approved in writing by the LESSOR, the LESSEE shall, at its sole
expense and to the best of its ability and to the fullest extent of its lawful authority, prevent
cutting or removing trees by any person.
8. LIABILITY: To the extent provided by, and subject to the limitations and conditions
specified in s. 768.28, F.S., the LESSEE shall be responsible for any loss or damage resulting
in whole or in part from its use of the Premises under the terms of this Agreement.
Nothing contained herein shall be construed as a waiver of any limitation of that the
LESSEE may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on
claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of
liability that may be enjoyed by the LESSOR providing land to the public for outdoor recreational
purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims
against the LESSOR.
9. TERMINATION: Either party may terminate this Agreement by giving written notice to
the other party specifying the termination date, by certified mail, return receipt requested, at
least thirty (30) days prior to the termination date specified in the notice. Either party hereto
shall have the right to immediately terminate this Agreement upon written notice to the other
party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement.
10. NOTICE: Unless a notice of change of address is given, any and all notices shall be
delivered to the parties at the following addresses:
LESSOR
LESSEE
Board of County Commissioners
of Collier County
3301 Tamiami Trail, East
Naples, FL 34112
Diane Eggeman
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-1600
11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of
any covenant, condition, or limitation herein contained shall be valid unless in writing and
lawfully executed by the parties.
12.. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement
may be unilaterally canceled by the LESSEE for refusal by the LESSOR to allow public access
to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the LESSOR in conjunction with this Agreement.
Page 2 of 4
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January 11, 2011
Page 5 of 21
FWC Contract No. /tJ ;..57
13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in
conjunction with this Agreement shall be public records and shall be treated in the same manner
as other public records are under Chapter 119, Florida Statutes.
14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134,
Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public
entity; may not submit a bid, proposal or reply on a agreement with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity.
16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the
State of Florida and shall be construed in accordance with the laws of Florida. Wherever
possible, each provision of this Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon
County, Florida.
17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement
be construed to giant any rights, privileges or interest to any third party.
18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive
trial by jury in any action or proceeding brought by any party against any other party pertaining
to any matter whatsoever arising out of or in any way connected with this Agreement.
19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits
represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of prOVisions of this Agreement shall only be valid when they have
been reduced to writing, and duly signed by each of the parties hereto, unless otherwise
provided herein.
This Space Intentionally Left Blank
Page 3 of 4
I
.......,
January 1 'I , LU II
Page 6 of 21
FWC Contract No. /tJ.J&:7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed through their duly authorized signatories on the day and year last written
below.
L/KL/
Witness
Florida Fish and Wildlife Conservation
Commission
Diane R. Eggeman, Dire to
Division of Hunting and Game Management
y~ 0---0?
Witness
~
The foregoing instrument was acknowledged before me this lA-'" day of ~ er p _~\::y r
2010 by Diane R. Eggeman who is personally known to me as the Director of the Division of
Hunting and Game Management of the Florida Fish and Wildlife Conservation Fish
Commission.
~.r.~:' SUSAN WILKES
/.~~... Commission DO 687088
l \ :: Expires June 19, 2011
~. ..er...'" 8andod1llluT"",FoIn___flCX).3lIS-7111~ I
The foregoing instrument was acknowledged before me this
, 2010 by (Name)
who is personally known/not known to me, Identification Number
day of
.
.
~~ LU~cuJ
Notary Public
My Commission Expires
LESSOR
Witness
Name:
Title:
Witness
My Commission Expires
Approved as to form 8.: ;eg6i SUfficiency
k-?~L
---.------,--.......
A88l1tant County Attorney
Notary Public
Page 4 of 4
r
January 11, 2011
Page 7 of 21
E
FLORIDA FISH.~.Nrf'YILJ)LiFE"~?NSERV ATION COMMISSION
FIunter$afety':~~lubHcShooting Ranges Section
, ,~,Youth<f-luntWgProgramofFlorida
"', .~:' ;"S' '.' :':' '''"-'''~.:: :".;,!'l..i'~~'~"~'''''';~'...,~,.,,{::':~t,'::'''''''' ,".
YOUTH IIlJNTAN~OllN'(jfMENT FORM (Attachment A)
DETAILS OF YOUTH HUNT
Name orR-anch/Hunting Club:
Collier County Pepper Ranch Preserve
Location of Youth Ilunt (Nearby City/Town and County):
ImmokaleelCollier County
Date: of Youth Hunt:
.January 14-16,2011
Emergency Phone # During Youth Hunt:
(239) 252-8380
! Landowner Contact Information (Name, Addres..~, Street)
, Melissa Lynn Henning, 3301 Tamiami Trail, Naples
Huntmaster(s):
Wayne .Jenkins
Slate
FL
I Zip
i 34112
Huntmaster Phone (please include area codes)
(239) 455-8109
,:,.,
Type of Hunt (deer. varmint hogs. turkey, etc.)
HOG
Evening (239) 455-8109
,,'Jlli~t. Imormation
.. ""''0',:",'/'' ," "
Cell (239) 580-8094
Number of youth hunters:
10. *Participation is limited to full-time and part-time residents of Collier County unless hunt is not full*
Number of youth hunters landowner will supply:
10 - .COLLlER COUNTY YOUTH ONL Y.
Will hunt<:rs bc camping?
Yes
\I/in you nc::ed equipment and/or supplies from
, :aliahassee office? 0 Yes . No
i If yes. please describe:
Are there cooking facilities available? lIVes DNa
If yes, please describe:
Stove, oven, and refrigerator but no running water or sewer
Will you need food or heiR making food
arrangements? 0 Yes . No
Huntmaster is responsible for all food
arrangements.
Additional comments:
County owned property - volunteers provided by County
Contact: Melissa H. melissahennig@Collierqov.net
(239) 252.2957
* per Collier County's request
"; , "
>:
,-,,'
Youth Hunting Program of Florida
c/o Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-) 600
(850) 413-0084 (850) 4) 3- 7989 (fax)
MyFWC.com
.\':;myrlo,',mwnt... wtJrklih.::.forms;l'hpl UCl' 10 os 05
Attachment A - Page 2 of 3
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- January 11, LOll
Page 8 of 21
Pepper Ranch Preserve legal Description
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (E~) of the East Half (E~) of the Southwest
Quarter (SWX) of the Southeast Quarter (SEX) of Section 22, Township 46 South,
Range 28 East, Collier County, Florida, being more particularly described as follows:
Commence at the Southeast comer of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SEX) of said Section 22 for a
distance of 1320.38 feet to the Point of Beginning of the parcel of land
herein described; thence continue S 88057'47" W, along the south line of
the Southeast Quarter (SEX) of said Section 22, for a distance of 330.09
feet; thence run N 00031'18" W for a distance of 1342.51 feet; thence run
N 88058'31" E for a distance of 330.12 feet; thence run S 00031'14" E, for
a distance of 1342.44 feet to the Point of Beginning; containing 10.17
acres, more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the Southeast Quarter (SEX) of'the Southwest Quarter (SWX)
and the West Half (W'h) of the Southwest Quarter (SWX) of the Southeast Quarter
(SEX) of Section 22, Township 46 South, Range 28 East, COllier County, Florida, being
more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SEX) of said Section 22 for a
distance of 1980.56 to the Point of Beginning of the parcel of land herein
described; thence continue S 88057'47" W, along the south line of the
Southeast Quarter (SEX) of said Section 22, for a distance of 660.19 feet
to the South Quarter corner of said Section 22; thence run S 88057'47" W
along the south line of the southwest quarter of said Section 22, for a
distance of 1321.80 feet; thence run N 00038'44" W for a distance of
1342.51 feet; thence run N 88059'17" E, for a distance of 1324.63 feet;
thence run N 88059'31" E, for a distance of 660.24 feet; thence run S
00031'22" E for a distance of 1342.58 feet to the Point of Beginning;
containing 61.13 acres, more or less.
.. "....:~~
~ January 11, 2011
Page 9 of 21
AND
Property Tax Identification Number: 00052680009
The Southeast Quarter (SE~) of the Southwest Quarter (SW'-4) of Section 26,
Township 46 South, Range 28 East, Collier County, Florida; containing 40.38 acres
more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida;
containing 645.47 acres more or less.
AND
Property Tax Identification Number: 00053920001
The Northwest Quarter (NW~) of the Northeast Quarter (NEX) of the Northwest
Quarter (NW~) of Section 35, Township 46 South, Range 28 East, Collier County,
Florida; containing 10.09 acres more or less.
AND
Property Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
The West Half 0N%) of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, less the North 1452.35 feet thereof and less the
Southeast Quarter (SE~) of the Southwest Quarter (SW~) of said Section
26, and less that parcel of land, as described and recorded in Official
Records Book 2585 at Page 2735 through 2737, owned by South Florida
Water Management District with Tax Folio Number 00052640007;
containing 185.91 acres, more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida;
containing 643.59 acres more or less.
I
M~~IIUa Ilt::: II I....U. I 5-,.;
January 11, 2011
Page 10 of 21
FWC Contract No. /tJAd
LEASE AGREEMENT
. BETWEEN
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County
AND
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
THIS LEASE AGREEMENT (AGREEMENT) is entered into by and between the
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620
South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "LESSEE,. and
Collier County whose address is 3301 Tamiami Trail, East, Naples, FL 34112, is hereafter
"LESSOR. .
NOW THEREFORE, the LESSEE and the LESSOR, for the considerations hereafter
set forth, agree as follows:
1. TERM: This Agreement shall begin February 25, 2011, and shall remain in effect for
three days as outlined in Exhibit A - Youth Hunting Program of Florida Youth Hunt
Announcement Form.
2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch
Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly described
in Exhibit B attached hereto (the "Premises").
3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and
limitations upon the establishment of and the uses of the lands listed above for the express
purpose of providing a Commission-sponsored activity as described in Exhibit A _ Youth
Hunting Program of Florida Youth Hunt Announcement Form - by the LESSEE to enhance.
encourage and educate youth in the use of safe and practical hunting and fishing techniques
and tactics in the outdoors.
Page 1 of4
4. USES: The LESSEE shall have the exclusive right to enter onto the property to plan,
improve and otherwise make provisions for use under the terms of this Agreement.
The use of the Premises for a Commission-sponsored youth hunting activity as
described in Exhibit A shall be for the management of wildlife and/or aquatic life as outlined in
Exhibit A, including, but not limited to, the implementation of programs for public hunting and
fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the
public.
The use of the Premises for a youth hunt, except as herein provided, shall not be
inconsistent nor interfere with the LESSOR's uses of the land other than the restriction of
hunting be limited to the number of pre-determined youth hunters as outlined in Exhibit A. The
LESSOR shall endeavor to use the land so as not to unreasonably interfere with the exclusive
uses of the land by the LESSEE. LESSEE agrees to notify LESSOR in advance of any other
hunting or other activities taking place on the premises that may present a danger to human life
or health, or that may affect or interfere with the activities described in Exhibit A.
5. ACCESS: Subject to the terms and conditions of this Agreement, the LESSEE shall
have free and full access to the Premises during the term for the purpose of administering youth
training programs, and the LESSOR shall take reasonable steps to provide such free and full
access by the LESSEE; provided, however, the LESSOR shall have no duty of care to keep the
Premises safe for entry or use by others, 'Or to give warning to others entering or going on the
Premises, as set forth in Fla. Stat. 9 375.251.
1"'1 t: I C1 Il III U. I v
January 11, 2011
Page 11 of 21
FWC Contract No. /o~sl
6 STRUCTURES: The LESSEE shall obtain prior approval from the LESSOR before
using any facilities or locating any temporary structure, including any hunting blinds or
treestands, as herein provided. No structure shall be located permanently on the Premises
without the prior written approval of the LESSOR.
7. GENERAL MAINTENANCE: The LESSEE shall, at its sole expense and to the best of
its ability, maintain the Premises in a clean and natural state and prevent and remove all litter
and debris on the Premises arising from the uses of the land for a Commission-sponsored youth
hunt. Further, except as approved in writing by the LESSOR, the LESSEE shall, at its sole
expense and to the best of its ability and to the fullest extent of its lawful authority, prevent
cutting or removing trees by any person.
8. LIABILITY: To the extent provided by, and subject to the limitations and conditions
specified in s. 768.28, F.S., the LESSEE shall be responsible for any Joss or damage resulting
in whole or in part from its use of the Premises under the terms of this Agreement.
Nothing contained herein shall be construed as a waiver of any limitation of that the
LESSEE may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on
claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of
liability that may be enjoyed by the LESSOR providing land to the public for outdoor recreational
purposes, as provided in s. 375.251, F.S., or any other Jaw providing limitations on claims
against the LESSOR.
9. TERMINATION: Either party may terminate this Agreement by giving written notice to
the other party specifying the termination date, by certified mail, retum receipt requested, at
least thirty (30) days prior to the termination date specified in the notice. Either party hereto
shall have the right to immediately terminate this Agreement upon written notice to the other
party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement.
10. NOTICE: Unless a notice of change of address is given, any and all notices shall be
delivered to the parties at the following addresses:
LESSOR
LESSEE
Board of County Commissioners
of Collier County
3301 Tamiami Trail, East
Naples, FL 34112
Diane Eggeman
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-1600
11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of
any covenant, condition, or limitation herein contained shall be valid unless in writing and
lawfully executed by the parties.
12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement
may be unilaterally canceled by the LESSEE for refusal by the LESSOR to allow public access
to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the LESSOR in conjunction with this Agreement.
Page 2 of 4
I
,~~O;:;i IUd j l.....i i J "iV. I UL-v
January 11, 2011
Page 12 of 21
FWC Contract No.IIJ~S-1
13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in
conjunction with this Agreement shall be public records and shall be treated in the same manner
as other public records are under Chapter 119, Florida Statutes.
14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134,
Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public
entity; may not submit a bid, proposal or reply on a agreement with a public entity for the
construction or repair of a public building or pUblic work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
may not transact business with any pUblic entity.
16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the
State of Florida and shall be construed in accordance with the laws of Florida. Wherever
possible, each provision of this Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon
County, Florida.
17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement
be construed to giant any rights, priviieges or interest to any third party.
18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive
trial by jury in any action or proceeding brought by any party against any other party pertaining
to any matter whatsoever arising out of or in any way connected with this Agreement.
19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits
represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have
been reduced to writing, and duly signed by each of the parties hereto, unless otherwise
provided herein.
This Space Intentionally Left Blank
Page 3 of 4
r\ .....iIVO 1._1111 V. 1......_....
January 11. 2011
Page 13 of 21
FWC Contract No.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed through their duly authorized signatories on the day and year last written
below.
~~L/
Witness
Florida Fish and Wildlife Conservation
Commission
~ fR~ ~
Diane R. Eggeman, Director:
Division of Hunting and Game Management
L-(' ..P~~
Witness
The foregoing instrument was acknowledged before me this lD~ day o,-Der~ber
2010 by Diane R. Eggeman who is personally known to me as the Director of the Division of
Hunting and Game Management of the Florida Fish and Wildlife Conservation Fish
Comm' i ,
....~~ SUSAN WILKES
Wi.! :-) Commission DO 687088
1!!: . i Expires June 19, 2011
',,~ lIondocl1llrvTIlll'Foin"--800-385-701i
My Commission Expires
~~ LO"- . \
Notary Public ~
LESSOR
Witness
Name:
Title:
Witness
The foregoing instrument was acknowledged before me this
,2010 by (Name)
who is personally known/not known to me, Identification Number
day of
My Commission Expires
~o~!'t,,\ ".-, · ," - ":- ,-~ ~ !egal Sufficiency
~7,~li.
Assiatant COUl',), ,'" ".'
Notary Public
Page 4 of 4
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FLORIDA FIsH AND WILDLIFE CONSERVATION COMMISSION
Hunter ~afety and Public Shooting.Ranges Section
',,~;;,X?~~~UWjng'PrOgram of Florida
YOUTHHUNTANNO~CEME.NT FORM (Attachment A)
DETMLSOFYOUTHHUNT
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Dale of Youth Hunt:
February 25-27,2011
Name of Ranch/Hunting Club:
Collier County Pepper Ranch Preserve
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Emergency Phone # During Youth Hunt:
(239) 252.8380
Location of Youth Hunt (Nearby City/Town and County):
ImmokaJee/Collier County
Landowner Contact In{ormalion (Name, Addn:ss. Street)
I Melissa Lynn Henning, 3301 Tamiami Trail, Naples
State
FL
Lip
34112
HunlmaSter(s):
Wayne .Jenkins
Huntmaster Phone (please include area codes)
(239) 455-8109 Evening (239) 455-8109
Cell (239) 580-8094
Hunt Information
.... .... .
Type of Hunt (deer. varmint, hogs, turkey, etc.)
TURKEY
Number of youth hunters:
5 - *Participation is limited to full-time and part-time residents of Collier County ,,'!Iess hunt is net full*
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I Number of youth hunters landowner will supply:
5 . .COLLlER COUNTY YOUTH ONL y*
Will hunters be camping?
Yes
Will you need equipment and/or supplies from
Tallahassee office? 0 Yes . No
If yes, please describe:
Are there cooking facilities available? lIVes DNo
If yes, please describe:
Stove, oven, and refrigerator but no running water or sewer
Will you need food or help making food
arrangemer.ts? 0 Yes . No
Huntmaster is responsible for all food
arrangements.
I
Additional comments: I
County owned property - volunteers provided by County
Contact: Melissa H. melissahenn;q@collierqov.net
(239) 252-2957
* per Collier County's request
Youth Hunting Program of Florida
c/o Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-1600
(850) 413-0084 (850) 413-7989 (fax)
MyFWC.com
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Attachment A - Page 3 of 3
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January 11, 2011
Page 15 of 21
Pepper Ranch Preserve Legal Description
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (E%) of the East Half (E%) of the Southwest
Quarter (SWA) of the Southeast Quarter (SE~) of Section 22, Township 46 South,
Range 28 East, Collier County, Florida, being more particularly described as follows:
Commence at the Southeast comer of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SE~) of said Section 22 for a
distance of 1320.38 feet to the Point of Beginning of the parcel of land
herein described: thence continue S 88057'47" W, along the south line of
the Southeast Quarter (SE%) of said Section 22, for a distance of 330.09
feet; thence run N 00031'18" Wfor a distance of 1342.51 feet; thence run
N 88058'31" E for a distance of 330.12 feet: thence run S 00031'14" E, for
a distance of 1342.44 feet to the Point of Beginning; containing 10.17
acres, more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the Southeast Quarter (SE%) of the Southwest Quarter (SW%)
and the \Nest Half CvV"h) of the Southwest Quarter (SW%) of the Southeast Quarter
(SE~) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being
more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SE%) of said Section 22 for a
distance of 1980.56 to the Point of Beginning of the parcel of land herein
described; thence continue S 88057'47" W, along the south line of the
Southeast Quarter (SE%) of said Section 22, for a distance of 660.19 feet
to the South Quarter comer of said Section 22; thence run S 88057'47" W
along the south line of the southwest quarter of said Section 22, for a
distance of 1321.80 feet; thence run N 00038'44" W for a distance of
1342.51 feet; thence run N 88059'17" E, for a distance of 1324.63 feet;
thence run N 88059'31" E, for a distance of 660.24 feet; thence run S
00031'22" E for a distance of 1342.58 feet to the Point of Beginning;
containing 61.13 acres, more or less.
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January 11, 2011
Page 16 of 21
AND
Property Tax Identification Number: 00052680009
The Southeast Quarter (SEX) of the Southwest Quarter (SW~) of Section 26,
Township 46 South, Range 28 East, Collier County, Florida; containing 40.38 acres
more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida;
containing 645.47 acres more or less.
AND
Property Tax Identification Number: 00053920001
The Northwest Quarter (NWX) of the Northeast Quarter (NEX) of the Northwest
Quarter (NWX) of Section 35, Township 46 South, Range 28 East, Collier County,
Florida; containing 10.09 acres more or less.
AND
Property Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
The West Half rN"h) of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, less the North 1452.35 feet thereof and less the
Southeast Quarter (SEX) of the Southwest Quarter (SWX) of said Section
26, and less that parcel of land, as described and recorded in Official
Records Book 2585 at Page 2735 through 2737, owned by South Florida
Water Management District with Tax Folio Number 00052640007;
containing 185.91 acres, more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida;
containing 643.59 acres more or less.
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Page 17 of 21
AND
Property Tax Identification Number. 00053200006
All of Section 33. Township 46 South, Range 28 East, Collier County, Florida;
containing 706.33 acres more or less.
AND
Property Tax Identification Numbers: 00053840000 & 00054040003
The East Half (E%) of the East Half (E%) of the Northwest Quarter (NWh); and the
Northeast Quarter (NE%), less the East 30 feet and the Northerly 30 feet for public road
right-of-way per dedication thereof recorded in Plat Book 12. Page 67 (known as
Pepper Road), Section 35. Township 46 South, Range 28 East, Public Records of
Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE%) described in
Deed recorded in Official Records Book 1834, Page 216; also less the real property
described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in
Official Records Book 280, Page 480; and in Official Records Book 282, Page 283; and
in Official Records Book 289, Page 910; all of the Public Records of Collier County,
Florida;
AND
The Southwest Quarter (SWh) of the Northwest Quarter (NWh); and the West Half
0N%) of the Southeast Quarter (SE%) of the Northwest Quarter (NW%); and the
Southwest Quarter (SW'4) of the Northeast Quarter (NEX) of the Northwest Quarter
(NW%); and the South Half (S%) of the Northwest Quarter (NW%) of the Northwest
Quarter (NW%); and the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of
the Northwest Quarter (NW%); and the West Half 0N%) of the Northeast Quarter (NE%)
of the Northwest Quarter (NW%) of the Northwest Quarter (NWX) of Section 35,
Township 46 South, Range 28 East, Collier County, Florida; containing 208.83 acres,
more or less.
The aforementioned parcels equates to 2,511.90 acres, more or less.
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STATE OF flORIDA
COUNTY OF COLLlER
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YOUTH HUNT AGREEMENT
This agreement is made and entered into by and between Board of County Commissioners of CoUier
County oIb/o Collier County ("Landowner"), and the florida Fish and Wildlife Conservation Commission
(" Association").
WHEREAS, Landowner and Association have mutual goals of introducing youngsters to the outdoors,
furthering the objectives of Hunter Safety by providing affordable, hands-on experiences. and providing
families the Opportunities and privileges associated with hunting.
NOW, THEREFORE. in consideration of the performance of the following conditions, Landowner
hereby grants to Association the right to use the premises known as Pepper Ranch Preserve ("Premises") to
conduct youth outdoor recreation programs. including sponsorship of supervised hunting. This grant is subject
to the following conditions, which are expressly agreed to by Association and Landowner.
] . Landowner agrees to provide an Association-sponsored activity on the Premises as described at
Attachment A. (YHPF Youth Hunt Announcement Form)
2. Landowner wiJ] allow representatives of the Association to enter onto the property to plan, improve and
otherwise make: provisions for use under the terms of this Agreement, as long as Landowner is notified in
advance of such activities and gives consent.
3. It is expressly understood by LiHldowner and the Association that the activities described in Attachment
A are regulated by the Florida Fish and Wildlife Conservation Commission, and that violations of these laws
governing such activities must be brought to the immediate attention of Landowner and Association for review
and action.
4. Association win make no alterations to buildings nor construct any improvements without first having
obtained the consent of the Landowner. Association will not carry away from the Premises any wood, plants,
rocks or other material. Association will promptly report to Landowner any unauthorized use of the Premises.
5. Association agrees to indemnity and hold Landowner, its agents. employees and representatives
hannless against any claims of any character of all persons whomsoever which result directly or indirectly from
the activities described in Attachment A. All participants involved in activities described at Attachment A must
sign a waiver and agree to indemnify and hold Association and Landowner, their agents, employees, and
representatives harmless against any claims of any character of all persons whomsoever which result directly or
indirectly from the activities described in Attachment A.
6. Landowner. and anyone authorized by Landowner, may enter and use the premises at any time for any
pUrpose. Landowner agrees not to conflict or interfere with the activities described in Attachment A and
Association agrees that its activities will not interfere with Landowner's use of the Premises, except as set out in
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January 11, 2011
16 t2190f21
Attachment A. Landowner agrees to notify Association in advance of any other hunting or other activities
taking place on the premises that may present a danger to human life or health, or that may affect or interfere
with the activities described in Attachment A.
7. This Agreement. together with Attachment A, constitutes the only agreement between Landowner and
the Association. and supersedes any prior understandings or agreements. No amendment of this Agreement will
be binding unless it is in writing and signed by the Landowner and the Association. Either party may terminate
this Agreement at any time by written notice delivered to the other at the address set out below.
In witness hereof, the undersigned Landowner. and Association, through its representative, execute this
Agreement on the date of the last signature.
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
,---.
620 S. Meridian Street
(Address)
Tallahassee. FL 32399-1600
(City, State, Zip)
850-488-3831
(Telephone)
BOARD OF COUNTY COMMISSIONERS
:: COLl~~!~/r~~t
FRED W. COYLE, C~N 1/10
"Ii.
Jenni r B. White
Assistant COWlty Attorney
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Page 20 of 21
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LANDOWNER RJSK ASSESSMENT PLAN- Attachment 1
I. General Categories
A. Hunting Safety, Compliance, and Policies
I. Follow all rules and regulations outlined in the Florida Hunter Safety course.
2. Follow all local, state, and federal game laws.
3. Require blaze/hunter orange for all youth hunters e"ccpt for turkey,
waterfowl, dove and bow hunts.
4. Infonn YHPF of any special rules or regulations youth hunters, accompanying
adults and volunteers must follow.
5. No alcohol or drugs permitted. Violation will mean immediate dismissal of
youth hunter and accompanying adult or volunteer from youth hunt.
6. Sign YHPF Youth Hunt Agreement.
8. Transportation Safety
I. Automobile liability insurance
2. Vehicle condition - make sure vehicles are in good working condition; an
automotive checklist has been included for your convenience.
a. Transportation to and from youth hunts if provided by landowner
b. Transportation to and from hunt locations ifprovided by landowner
3. Current weather and road conditions relayed to Huntmaster
C. Known Defectc; or Dangerous Conditions (make aware oj)
I. Ranch/farm equipment. marked or roped off, warning signs posted
2. Structures - marked or roped off
a. Blinds
I) Prefer ground blinds.
2) Check to make sure the blind is structurally sound.
3) Check blinds for wasps & animals.
4) If the blind is a tower blind. brief youth hunter and accompanying adult
on climbing safety & to be aware of the hauling Jine.
5) In a tree stand, a safety belt is required for all youth hunters.
3. Landownerlivestock
4. Any wildlife management practices
5. Epizootic/rabies epidemics.
6. Firearm equipment inspection
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D. Reporting/Log
I. Arrival/departures of youth hunters and accompanying adults
2. Notify neighboring landowners
knowledge of hunting operations
trespassing
agreement with neighbors if animal wounded and wanders onto their
property
3. Land boundaries (description and map of property)
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E. Emergency Preparedness
1. Appropriate emergency phone numbers by phone
- EMS I police I fire department I poison control I hospital
F. Facilities (See Appendix I A)
1. Lodging and meals
a) Meals provided by landowner
- equipment safety and anything associated with a kitchen
- Safety Act - see Appendix B for additional information
2. Storage
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anuary ,
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