Agenda 09/13/2011 Item #16E12/"�
9/13/2011 item 16.E. 12.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign, an Interlocal Agreement
with the Florida Fish and Wildlife Conservation Commission and an Interlocal Agreement
with Corkscrew Regional Ecosystem Watershed Land and Water Trust in order to
facilitate managed public hunting at Caracara Prairie Preserve.
OBJECTIVE: To execute an Interlocal Agreement with the Florida Fish and Wildlife Conservation
Commission (FWC) , and an Interlocal Agreement with Corkscrew Regional Ecosystem Watershed
(CREW) Land and Water Trust in order to facilitate managed public hunting at Caracara Prairie Preserve.
CONSDRERATIONS: Action Plan Item 3a within the Caracara Prairie Preserve Interim Management
Plan, approved by the Board of County Commissioners on September 23, 2008 (Agenda Item 16E2),
states that Collier County will "creat an agreement with [FWC] for hunting activities on the property."
FWC administers and regulates public hunting within the Corkscrew Marsh Unit of the CREW Wildlife
and Environmental Area (WEA) adjacent to Caracara Prairie Preserve. When executed, the attached FWC
Interlocal Agreement will incorporate the 368 acre Caracara Prairie Preserve into the 7,200 acre
Corkscrew Marsh Unit of the CREW WEA for the purpose of recreational hunting. FWC will then be
responsible for administering and regulating hunting within the Caracara Prairie Preserve. FWC's
standard template agreement was used. The term of the Agreement is for a period of five (5) years and
may be extended for five (5) additional terms, with each term totaling five (5) years. Either party shall
have the right to terminate upon sixty (60) days written notice. However, if such notice is given after
February 15, the termination date shall be April 30 of the following calendar year.
The Caracara Prairie Preserve is owned by the Collier County Board of County Commissioners and
CREW Land and Water Trust. The attached Interlocal Agreement between Collier County and CREW
Land and Water Trust relieves CREW Land and Water Trust of all management responsibility within the
Caracara Prairie Preserve and gives Collier County the authority to incorporate CREW Land and Water
Trust's 5.6% portion of the Caracara Prairie Preserve into the Corkscrew Marsh Unit of the CREW WEA.
FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -JBW
GROWTH MANAGEMENT IMPACT: This item supports Goal 1 of the Conservation and Coastal
Management Element of the Collier County Growth Management Plan„ which states that "the County
shall continue to plan for the appropriate use of its natural resources."
RECOMMENDATIQN: That the Board of County Commissioners approves, and authorizes the
Chairman to sign, an Interlocal Agreement with the FWC and an Interlocal Agreement with CREW Land
and Water Trust in order to facilitate managed public hunting at Caracara Prairie Preserve.
Prepared By: Melissa Hennig, Principal Environmental Specialist, Department of Facilities Management
Attachments: 1. FWC Interlocal Agreement
2. CREW Land and,Water Trust Interlocal Agreement
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9/13/2011 Item 1,6.E.12.
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Date: Aug. 17, 2011
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Caracara Prairie Preserve
9/13/2011 Item 16E.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.12.
Item'summary: Recommendation to approve, and authorize the Chairman to sign, an
Interlocal Agreement with the Florida fish and Wildlife Conservation Commission and an
Interlocal Agreement with Corkscrew Regional Ecosystem Watershed Land and Water Trust in
order to facilitate managed public hunting at Caracara Prairie Preserve.
Meeting Date: 9/13/2011
Prepared By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
8/26/20118:10:14 AM
Submitted by
Title: Environmental Specialist; Principal,Facilities Management
Name: HennigMelissa
8/26/2011 8:10:16 AM
Approved By _
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 8/26/2011 10:25:48 AM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 8/30/20118:13:52 AM
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 8/30/20112:54:26 P1vI
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 8/30/20114:40:26 PM
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n
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 8/31/2011 12:18:28 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 8/31/2011 1:15:56 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/20112:03:01 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 9/2/2011 12:23:03 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/2/2011 2:16:12 PM
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9/13/2011 Item 16.E.12.
9/13/2011 Item 16.E.12.
FWC Contract No. 11071
COOPERATIVE INTERLOCAL AGREEMENT
BETWEEN
THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
This Agreement is entered into on , 20_, between the Collier County Board
of County Commissioners (COUNTY) and the Florida Fish and Wildlife Conservation
Commission (COMMISSION).
WITNESSETH THAT:
WHEREAS, the COUNTY is a political subdivision created by the Florida Legislature
and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes to
include entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the COUNTY, its successors and assigns, hold title to an undivided ninety -
four point four (94.4 %) percent interest to 367.7 acres of land, known as the Caracara Prairie
Preserve, and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated
(TRUST) holds title to an undivided five point six (5.6 %) percent interest to the Caracara Prairie
Preserve; and
WHEREAS, the COMMISSION is the state entity responsible for protecting and
managing Florida's wildlife and aquatic life; and
WHEREAS, this Agreement is authorized by Chapter 163, Florida Statutes which allows
the parties to make the most efficient use of their governmental powers; and
WHEREAS, any land management activities implemented for the natural communities
identified at the Caracara Prairie Preserve will be the responsibility of the COUNTY, as set forth
in the Interlocal Agreement between the COUNTY and the TRUST (Exhibit "A "); and
WHEREAS, the COUNTY desires to provide recreational opportunities, including
opportunities for hunting, to the public on Caracara Prairie Preserve; and
WHEREAS, the COUNTY deems it necessary, appropriate, and in the public interest to
authorize the COMMISSION to incorporate the Caracara Prairie Preserve into the Corkscrew
Marsh Unit of the Corkscrew Regional Ecosystem Watershed Wildlife and Environmental Area
(CREW WEA), in accordance with the provisions of Chapter 68A, Florida Administrative Code;
and
WHEREAS, the COMMISSION currently manages the Corkscrew Marsh Unit of the
CREW WEA for the purpose of recreational hunting; and
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9/13/2011 Item 16.E.12.
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WHEREAS, the COMMISSION will publish and distribute a pamphlet, attached hereto
as Exhibit `B ", setting forth the regulations and dates on which hunting will be allowed at the
CREW WEA, as well as a map of the area; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the COUNTY agrees to allow the COMMISSION to manage the Caracara
Prairie Preserve subject to the following terms and conditions:
1. DESCRIPTION OF PREMISES: The Caracara Prairie Preserve subject to this
Agreement is situated in the County of Collier, State of Florida and is described in Exhibit
"C" attached hereto.
2. TERM: The term of this Agreement shall be for a period of five (5) years from the date of
execution, unless sooner terminated pursuant to the provisions of this Agreement. This
Agreement may be extended for five (5) additional terms, with each term totaling five (5)
years, based upon conditions outlined in Section 19 entitled "Expiration of the Term."
3. PURPOSE: The COMMISSION shall manage the Caracara Prairie Preserve only for the
conservation and protection of natural and historical resources and resource based public
outdoor recreation which is compatible with the conservation and protection of these public
lands, as set forth in Collier County Ordinance No. 2007 -65 (Exhibit "D "), along with other
authorized uses necessary for the accomplishment of this purpose as designated in the
n Habitat Management Plan approved by the COUNTY.
4. QUIET ENJOYMENT AND RIGHT OF USE: The COMMISSION shall have the right
of ingress and egress to, from and upon the Caracara Prairie Preserve for all purposes
necessary to the full quiet enjoyment by said COMMISSION of the rights conveyed herein.
5. CONSIDERATIONS: The COMMISSION shall be responsible for all administrative and
managerial duties related to public use (i.e., passage of regulation changes, annual
publication of area brochure, bag limits) during the periods of allowed hunting. The
COMMISSION shall provide law enforcement patrol periodically throughout the year.
6. AUTHORIZED USES: Authorized uses for the purposes of this Agreement shall be
defined as those management activities that the COMMISSION is authorized to perform
under this Agreement and the approved Habitat Management Plan. The authorized uses
shall be consistent with statutory requirements that the Caracara Prairie Preserve be
managed and maintained in an environmentally acceptable manner to restore and protect its
natural state and condition, including pennitting of compatible recreational use. The
authorized uses shall at minimum, always include essential site management measures
including security, policing, resource protection, public access and recreational use, and
habitat management.
7. UNAUTHORIZED USES: The COMMISSION shall, through their agents and
employees, prevent the unauthorized use of the Caracara Prairie Preserve or any use thereof
not in conformance with this Agreement.
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S. INSURANCE REQUIREMENTS: The COUNTY shall be responsible for any
improvements or structures located on the Caracara Prairie Preserve. This protection shall
be afforded through the purchase of a Real and Personal Property Insurance Policy or
through Self Insurance, as the COUNTY deems appropriate.
9. PLACEMENT AND REMOVAL OF IMPROVEMENTS: The COMMISSION shall
obtain prior written approval from the COUNTY before constructing or locating any
structures on the Caracara Prairie Preserve. No structure shall be constructed or located
without prior approval of the COUNTY. No trees shall be removed or major land
alterations done without the prior written approval of the COUNTY. All permanent
structures shall remain the sole and exclusive property of the COUNTY. Temporary
structures constructed or located on the Caracara Prairie Preserve by the COMMISSION
shall remain the property of the COMMISSION. Removable equipment and removable
improvements placed on the Caracara Prairie Preserve by the COMMISSION which do not
become a permanent part of the Caracara Prairie Preserve will remain the property of the
COMMISSION, and may be removed by the COMMISIION upon termination of this
Agreement.
10. ARCHAEOLOGICAL AND HISTORICAL SITES: Execution of this Agreement in no
way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The
collection of artifacts or the disturbance of archaeological and historic sites on the Caracara
Prairie Preserve is prohibited unless prior authorization has been obtained from the
Department of the State, Division of Historical Resources. The Habitat Management Plan
shall be reviewed by the Division of Historical Resources to insure that adequate measures
have been planned to locate, identify, protect and preserve the archaeological and historic
sites and properties on the Caracara Prairie Preserve. The COUNTY will notify the
Division of Historical Resources immediately if evidence is found to suggest that any
archaeological or historic resources may exist.
11. EASEMENTS: All easements including, but not limited to, utility easements are expressly
prohibited without the prior written approval of the COUNTY. Any easement not approved
in writing by the COUNTY shall be void and without legal effect.
12. SUBLEASES: This Agreement is for the purpose specified herein and subleases of any
nature are prohibited, without the prior written approval of the COUNTY. Any sublease
not approved in writing by the COUNTY shall be void and without legal effect.
13. SURRENDER OF PREMISES: Upon termination or expiration of this Agreement, the
COMMISSION shall surrender the Caracara Prairie Preserve to the COUNTY. In the event
no further use of the Caracara Prairie Preserve or any part thereof is needed, written
notification shall be made to the COUNTY at least one (1) year prior to the release of all of
any part of the Caracara Prairie Preserve. Notification shall include a legal description of
the Caracara Prairie Preserve being released under this Agreement, parcel number(s), and
an explanation of the release. The release shall be valid only if approved by the COUNTY
through execution of a Release of Agreement instrument with the same formality as this
Agreement. Upon release of all or any part of the Caracara Prairie Preserve or upon
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AOOIN expiration or termination of this Agreement, all improvements, including both physical
structures and modifications to the Caracara Prairie Preserve, shall become the property of
the COUNTY, unless the COUNTY gives written notice to the COMMISSION to remove
any or all such improvements at the expense of the COMMISSION. The decision to retain
any improvements upon termination of this Agreement shall be at the COUNTY's
discretion. Prior to surrender of all or any part of the Caracara Prairie Preserve, a
representative of the COUNTY and the COMMISSION shall perform an on -site inspection
of the Caracara Prairie Preserve and the keys to any buildings or gates shall be turned over
to them.
14. PERMITS: The COUNTY shall be responsible for securing all local, State and Federal
pen-nits required for management actions under this agreement.
15. TRIPLICATE ORIGINALS: The Agreement is executed in triplicate originals, each of
which shall be considered an original for all purposes.
16. ASSIGNMENT: This Agreement shall not be assigned in whole or in part without the
prior written approval of the COUNTY. Any assignment made either in whole or in part
without the prior written consent of the COUNTY shall be void and without legal effect.
17. DEFAULT BY THE COMMISSION AND TERMINATION BY THE COUNTY: The
COUNTY may terminate this Agreement if the COMMISSION proceeds in a manner that
violates the terns of this Agreement. Agreement violations shall include the following:
A. Construction of permanent structures or other improvements by the the
COMMISSION not authorized by the COUNTY, either directly or indirectly through
the approval of the Habitat Management Plan, or
B. Violation of Federal, State, or local laws, rules, regulations, or ordinances by the
COMMISSION, or
C. COMMISSION's failure to comply with the other terms of this Agreement.
If the COUNTY, in their sole opinion, find that the COMMISSION has committed a
violation of the Agreement, the COUNTY will notify the COMMISSION in writing as to
the nature of the violation and shall direct the COMMISSION on how it should proceed
to remedy, resolve, or rectify the Agreement violation. The COMMISSION will have
sixty (60) days from the receipt of the violation notification in which to perform the
following:
A. Proceed in a manner or provide a schedule for the prompt implementation of
the COUNTY's corrective action.
B. Advise the COUNTY how the COMMISSION will implement their own corrective
action, including a schedule for completion, provided it will address the Agreement
violation.
If the COMMISSION fails to respond to the COUNTY's notification regarding an
Agreement violation or fails to implement corrective action, the COMMISSION will be
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in default of this Agreement and the COUNTY may, at their sole option, terminate this
Agreement and recover from the COMMISSION all damages the COUNTY may incur
by reason of the default, including, but not limited to, the cost of recovering the Caracara
Prairie Preserve or maintain this Agreement in full force and effect and exercise all rights
and remedies herein conferred upon the COUNTY.
18. NO WAIVER DEFAULT: The failure of the COUNTY to insist in any one or more
instances upon strict performance of any one or more of the terms and conditions of this
Agreement shall not be construed as a waiver of such terms and conditions, but the same
shall continue in full force and effect, and no waiver of the COUNTY's any one of the
provisions hereof shall in any event be deemed to have been made unless the waiver is set
forth in writing, signed by the COUNTY.
19. EXPIRATION OF THE TERM: In anticipation of the Agreement's expiration, the
COMMISSION will notify the COUNTY in writing, twelve (12) months in advance of
expiration, of its desire to either extend the tern an additional five (5) years, or to allow it to
lapse. If the COMMISSION desires to extend the term of the Agreement for an additional
five (5) years, a draft scope of services for the proposed extended term shall be submitted to
the COUNTY for its review and consideration of approval. The COUNTY shall notify the
COMMISSION in writing of any approved Agreement extension and the new term shall
commence beginning on the date of notification that the Agreement will be extended. If the
COMMISSION fails to notify the COUNTY in writing, twelve (12) months in advance of
expiration, of its desire to either extend the tern an additional five (5) years, or to allow it to
lapse, it will be deemed that all parties have found an Agreement extension to be acceptable
and the new tern shall commence on the expiration date of the current term. If the
COUNTY fails to notify the COMMISSION in writing of any approved Agreement
extension, it will be deemed that the COUNTY has found the approved Agreement
extension to be acceptable and the new term shall commence on the expiration date of the
current term.
20. TERMINATION: Either party shall have the right to terminate this Agreement upon sixty
(60) days written notice to the other parties. However, if such notice is given after February
15, the termination date shall be April 30 of the following calendar year.
21. CONDITIONS AND COVENANTS: All of the provisions of this Agreement shall be
deemed covenants running with the Caracara Prairie Preserve, and construed to be
"conditions" as well as "covenants" as through the words specifically expressing or
imparting covenants were used in each separate provision.
22. HUNTING: Hunting shall be approved and regulated through the COMMISSION. No
hunting shall be allowed on the Caracara Prairie Preserve prior to the effective date of this
Agreement. The Caracara Prairie Preserve shall be incorporated into the existing
Corkscrew Marsh Unit of the CREW WEA. All hunting regulations, monitoring, and
enforcement activities associated with the Corkscrew Marsh Unit of the CREW WEA shall
also apply to the Caracara Prairie Preserve.
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FWC Contract No. 11071
/01*N 23. SIGNAGE: The COUNTY shall post appropriate signage along the fence along the
Caracara Prairie Preserve boundaries and in the interior of the Caracara Prairie Preserve to
mark and designate trails, parking areas, restrooms, if any, and any prohibited activities for
public safety purposes.
24. LIABILITY: Each party hereto agrees that it shall be solely responsible for the negligent
or wrongful acts of its employees and agents. However nothing herein shall constitute a
waiver by either party of sovereign immunity or statutory limitations on liability.
25. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement
shall be valid unless in writing and lawfully executed by all parties. It is the intention of the
COMMISSION and the COUNTY that no evidence of any waiver or modification shall be
offered or received in evidence in any proceeding or litigation between and among the
parties arising out of or affecting this Agreement unless such waiver or modification is in
writing and executed as aforesaid.
26. RELATIONSHIP OF PARTIES: It is understood that an employer - employee relationship
does not exist between the COMMISSION and the COUNTY and neither of the parties
shall be responsible for providing Workers' Compensation Insurance and withholding
services for the other party or its employees. Each of the parties stipulates that they are not
aware of any conflict of interest prohibiting them from entering into this Agreement.
27. OTHER AGREEMENTS: This Agreement contains the complete agreement between the
COMMISSION and the COUNTY. Each party acknowledges reliance on its own
judgment in entering into this Agreement. The COMMISSION and the COUNTY further
acknowledge that any representations that may have been made outside of those specifically
contained herein are of no binding effect and have not been relied upon by either party in
their dealings with the other party in entering into this Agreement.
28. PUBLIC RECORDS: The COMMISSION and the COUNTY shall abide by the
provisions of Chapter 119, Florida Statutes, allowing public access to all documents,
papers, letters, or other material as applicable.
29. BREACH OF COVENANT: In the event that either party shall fail or neglect to perform
or observe any covenant contained herein, and such default shall continue for a period of
thirty (30) days after receipt of written notice from the offended party to the other, then the
offended party may tenninate this Agreement.
30. SEVERABILITY AND CHOICE OF VENUE: This Agreement 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.
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31. PERFORMANCE BY THE COMMISION: The COMMISSION'S obligation to perform
under this Agreement is subject to the availability of funds and contingent upon an annual
appropriation by the Legislature.
32. GOVERNING LAW: This Agreement shall be governed by and interpreted according to
the laws of the State of Florida.
33. SECTION CAPTIONS: Articles, subsections and other captions contained in this
Agreement are for reference purposes only and are in no way intended to describe, interpret,
define or limit the scope, extent or intent of this Agreement or any provisions thereof.
34. BINDING EFFECT: This Agreement will be binding upon and inure to the benefit of the
parties hereto, and its personal representatives, successors, and assigns.
35. NOTICES: Any and all notices, requests or other communication hereunder shall be
deemed to have been duly given if in writing and if transmitted by hand delivery with
receipt therefore, or by registered snail posted prior to the expiration date for such notice,
Zn
return receipt requested and first class postage prepaid as follows:
To the COUNTY: Collier County Board of County Commissioners
Conservation Collier Program
3335 Tamiami Trail, East, Suite 101
Naples, FL 34112
239- 252 -2957
To the COMMISSION: Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399 -1600
36. PROHIBITION OF UNAUTHORIZED ALIENS: hi accordance with Executive Order
96 -236, the COMMISSION shall consider the employment by the COUNTY of
unauthorized aliens a violation of section 274A(c) of the Immigration and Nationalization
Act. Such violation shall be cause for unilateral cancellation of this Agreement if the
COUNTY knowingly employs unauthorized aliens.
37. STATE REQUIRED CLAUSES:
a. 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.
b. 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 contract to provide any goods or services to a
public entity; may not submit a bid, proposal or reply on a contract 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
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perform work as a supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity.
c. Public Entity Crimes. In accordance with Section 287.133(2)(a), Florida Statute, a
person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, supplier,
subcontractor, consultant or by any other manner under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the
date of being placed on the convicted vendor list.
d. Legislative appropriation. For contracts whose tenn extends beyond the State fiscal
year in which encumbered funds were appropriated, the State of Florida's performance
and obligation to pay is contingent upon an annual appropriation by the Legislature.
38. EMPLOYMENT ELIGIBILITY VERIFICATION: The COUNTY shall enroll in and
use the U.S. Department of Homeland Security's E- Verify Employment Eligibility
Verification System (htip: / /w�vw.useis.(-,ov /portal /site /uscis) to verify the employment
eligibility of all persons employed by the COUNTY during the term of this Agreement to
perform employment duties within Florida and all persons (including subcontractors)
assigned by the COUNTY to perform work. pursuant to this Contract.
The COUNTY shall include this provision in all subcontracts it enters into for the
performance of work under this Agreement.
110� The COUNTY further agrees to maintain records of its participation and compliance with
the provisions of the E- Verify program, including participation by its subcontractors as
provided above, and to make such records available to the COMMISSION or other
authorized state entity consistent with the terns of the COUNTY's enrollment in the
program. This includes maintaining a copy of proof of the COUNTY's and subcontractors'
enrollment in the E -Verify Program (which can be accessed from the "Edit Company
Profile" link on the left navigation menu of the E- Verify employer's homepage).
Compliance with the terms of the Employment Eligibility Verification provision is made an
express condition of this Agreement and the COMMISSION may treat as failure to comply
as a material breach of the Agreement.
39. ENTIRE AGREEMENT; AMENDMENT: This Agreement with all incorporated
attachments and exhibits represents the entire agreement of the parties. This Agreement
may be amended by mutual written agreement of the parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Agreement to be executed through their duly authorized signatories on the day and year last
below written.
Each party is signing this agreement on the date stated below that party's signature. The
latest date of signing shall be inserted in the first sentence of the first page and shall be
t" n
deemed the effective date of this Agreement.
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Eric Sutton, Division Director
Division of Habitat and Species Conservation.
Date:
Approved as to form and legality:
Commission Attorney
STATE OF FLORIDA
COT-TNTY OF LEON
ATTEST: BOARD OF COU!,.-F, Y. COMMISSIONERS OF
DWIGHT E. FROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk Fred W. Coyle, CHAIRMAN
Approved as to form and legal
sufficiency:
JennlT'er B. White
Assistant County Attorney
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
'EXHIBIT "A79
INTERLOCAL AGREEMENT BETXVF�EN COLLIER COUNTVAND COI KS,CREW
REICIONAL ECOSYSTEM WATERSI IED LAND ANI) WATER TRUST
CAR-4CA.RA PRAIRIE PR,P'SJ,,RVE
J-his Agreeni-znt is =terxd Upon ]'is -,- dtay of 2(fl 1, by
COL,Lll-,',R COUNTY. a pr
ol'thu State of Floride-its suemssorsaild assigns
(herc-11naker re(brrt:-d w ..is -COUNTY"). whose address is 1299 "Farniami Trail East, Napl,es, 1, 1'
34[12. MMI CORKSCREM REGIONAL VXOSYSTEM WATERSHED E-tNI) eILND
WATER TRUST, INCORP'GRAT ED, a Florida roan - profit corporatiun, (hcreinafter
rderved #�o as -TRVST').u1vuse address is 2'948. Corkscrrm,, Road, 1--s"Urra. FL � 39-M
V'1]7's ESISETH
W31EIZEAS, 1tv COUNT)' owns an tindividwd poin� four (914,4%,) percent
intere,s: ufCaracara Pvai,eiv Prusuvc sim-ated ira (".ol[
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Packet Page -2712-
9/13/2011 Item 16.E.12.
FWC Contract No. 11071
IN WITNESS WHEREOF. the COUNTY has hereunto set its unauthorized hand and sea! as
of this date and year first above written.
ATTEST:
DWIGHT E. BROCK. CLERK
. DEPUTY CLERK
Approval for form and legal Sufficicncy:
. J - c I nnif-�-B.
Assistant Count' Attornev
,%S TO CREV'N":
V\' i i'Nl-t
nt'-o an1 ;2
Print -- -j Namei
Ste'phen A. \Valker, Esq.
A,,)P-.o-,-ed as to i'Orm and legal suffiCiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
13y:
FRED W. COYLE. CHAIRMAN
rl'(,)ll KSCW--AV RE'G!0NAL E C 0 S Y ST I'M
W."TERSHE'D TLAND AND
1, i ld a nonpro 1 1,
11
Packet Page -2713-
9/13/2011 Item 16.E.12.
FWC Contract No. 11071
FAA-1,1401
FR.,0Pl,',RTYTA,X IDENTIFICATION NUMBER; 0-00-530000,6
LEGAL DESCRIPTIDN:
WEST HALF (lsk,'1,121 OF SECTION 30, TO'%V'_'.N__qlJlJ' 46 SfAl"TH, KAN,"GF
EST. OF COLLIER COU-NTY, FTORIDA
ME
PEWPERTY T.N.X IDENTIFICATION NUMBE",R: rA053G9()2rTi?
LEG ,40, 1 ESCRIP-11ON:
ITNVI�'ST QUAKTI R OF ORTIJEAST QU"ARTER CN' El 4'i OF
S-F, OF COLLIER
RA!l,'('F "S I A-,
12
Packet Page -2714-
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This brochure is designed to provide the public with information and a
summary of regulations pertaining to hunting and other recreational use on
the CREW Wildlife and Environmental Area. Regulations that are new or
differ substantially from last year are shown in bold print. Area users
should familiarize themselves with all regulations. For exact wording of the
wildlife laws and regulations, see the Florida Fish and Wildlife Conservation
Commission's wildlife code, on file with the Secretary of State and state
libraries. This brochure, the Florida Hunting Regulations handbook and quota
penuit w =ork-sheets should provide the information necessary for you to plan
your hunting activities. These publications are available from any
Commission office, county tax collector and at MNFWC.coin.
Persons using wildlife and environmental areas are required to have
appropriate licenses, permits and stamps. The following persons arc exempt
from all license and permit requirements (except for quota permits when
listed as "no exemptions," recreational use permits. antlerless deer permits
and the Migratory Bird Hunting and Conservation Stamp [federal duck
stanmp]): Florida residents mvho are 65 years of age or older; residents who
possess a Florida Resident Disabled Person Hunting and Fishing Certificate:
residents in the U.S. Armed Forces. not stationed in Florida. while home on
leave ['or 30 days or less, upon submission of orders: and children under 16
years of age. Children under 16 Years of age are exempt from the federal
duck stamp. Anyone bona on or after June 1. 1975 and 16 years of age or
older rust have passed a Commission- approved hunter - safety course prior to
being issued a hunting license, except the Hunter Safety Mentoring
exemption allows anyone to purchase a hunting license and hunt under the
supervision of a licensed hunter, 21 years of age or older, for one year.
Licenses and pertnits may be purchased from county tax collectors. license
agents, at MYFWC.com %license or by telephone aI 1- 888486 -8356. A no-
cost Migratory Bird Permit is available when purchasing a hunting license.
Any waterfowl hunter 16 years of age or older must possess a federal duck
stamp; available where hunting licenses are sold, at most post offices or at
duckstamp.com.
QUOTA PERMIT INFORNIVrION:
Archery - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand /western Bird
Rookery Swamp Units), no -cost, quota pennits (no exemptions).
Muzzleloadina Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen
Strand/western Bird Rookery Swamp Units), no -cost, quota permits (no
exemptions).
General Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird
Rookery Swamp Units), nc cost. quota permits (no exemptions).
Wiring Turkey - 5 (Corkscrew Marsh Unit), 5 (Flint Pen Strandiwestem Bird
Rookery Swamp Units). no -cost, quota permits (no exemptions) for each of 2
hunts.
13
9/13/2011 Item 16.E.12.
FWC Contract No. 11071
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Permit applications: Hunters must submit electronic applications for quota
and special- opportunity permits through the Commission's Total Licensing
System (TLS). Workshects listing hunts, application periods, deadlines and
instructions are available at county tax collector's offices, FWC offices or
MvFWC.com. Quota application periods occur throughout the year beginning
April 1: please refer to the hunting handbook or MYFWC.corn for specific
dates. Workshects will be available about 2 weeks prior to each application
period.
Guest hunters: For each non - transferable archery, nutzzleloading gun,
general gun, wild hog, spring turkey and mobility - impaired quota permit
issued through the Commission's TLS, oniv one truest permit nmv be
obtained. The following persons may be a guest hunter. but are not required
to obtain a guest permit: a youth under 16 years of age, a youth supervisor, a
mentor license holder or a mentor license supervisor. A quota permit holder
(host) may oil])- bring I guest hunter at a time. The following persons are not
considered to be guest hunters: other quota permit holders. non- hunters and
exempt hunters (on areas and during seasons that allow exemptions). The
host must share the bag limit with the guest and the host is responsible for
violations that exceed the bag limit. 'file guest and host must enter and exit
the area together and must share a street -legal vehicle while hunting on the
area. 'file guest may only hunt while the host is on the area. A person is only
eligible for one guest pemtit per hunt. Guest permits may only be obtained
from license agents or county tax collector`s offices. Guest permits may be
obtained up to and during the last day of the hunt. Refer to the quota hunt
worksheets for additional information.
Youth and mentor license holders: A youth hunter (less than 16 years of age)
must be supervised by a person at least 18 years of age. A mentor license
holder must be supervised by a licensed hunter at least 21 years of age.
Unless exempt. only those supervisors with proper licenses and permits may
hunt. If the supervisor is hunting during any hunt (not including special -
opportunity) for which quota permits are issued, at least one person in the
party must be in possession of a quota permit. luring a hunt that allows
exemptions, a non - exempt supervisor of a youth must have a quota permit to
hunt. A non - hunting supervisor is allowed to accompany a youth or mentor
license holder during any hunt (including special - opportunity).
Transfer of permits: Quota and guest permits are not transferable. Except for
youth under 16 years of age, a positive form of identification is required
when using a non - transferable permit. 'flue sale or purchase of any quota
permit or guest permit is prohibited.
Packet Page -2715-
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Permit applications: Hunters must submit electronic applications for quota
and special- opportunity permits through the Commission's Total Licensing
System (TLS). Workshects listing hunts, application periods, deadlines and
instructions are available at county tax collector's offices, FWC offices or
MvFWC.com. Quota application periods occur throughout the year beginning
April 1: please refer to the hunting handbook or MYFWC.corn for specific
dates. Workshects will be available about 2 weeks prior to each application
period.
Guest hunters: For each non - transferable archery, nutzzleloading gun,
general gun, wild hog, spring turkey and mobility - impaired quota permit
issued through the Commission's TLS, oniv one truest permit nmv be
obtained. The following persons may be a guest hunter. but are not required
to obtain a guest permit: a youth under 16 years of age, a youth supervisor, a
mentor license holder or a mentor license supervisor. A quota permit holder
(host) may oil])- bring I guest hunter at a time. The following persons are not
considered to be guest hunters: other quota permit holders. non- hunters and
exempt hunters (on areas and during seasons that allow exemptions). The
host must share the bag limit with the guest and the host is responsible for
violations that exceed the bag limit. 'file guest and host must enter and exit
the area together and must share a street -legal vehicle while hunting on the
area. 'file guest may only hunt while the host is on the area. A person is only
eligible for one guest pemtit per hunt. Guest permits may only be obtained
from license agents or county tax collector`s offices. Guest permits may be
obtained up to and during the last day of the hunt. Refer to the quota hunt
worksheets for additional information.
Youth and mentor license holders: A youth hunter (less than 16 years of age)
must be supervised by a person at least 18 years of age. A mentor license
holder must be supervised by a licensed hunter at least 21 years of age.
Unless exempt. only those supervisors with proper licenses and permits may
hunt. If the supervisor is hunting during any hunt (not including special -
opportunity) for which quota permits are issued, at least one person in the
party must be in possession of a quota permit. luring a hunt that allows
exemptions, a non - exempt supervisor of a youth must have a quota permit to
hunt. A non - hunting supervisor is allowed to accompany a youth or mentor
license holder during any hunt (including special - opportunity).
Transfer of permits: Quota and guest permits are not transferable. Except for
youth under 16 years of age, a positive form of identification is required
when using a non - transferable permit. 'flue sale or purchase of any quota
permit or guest permit is prohibited.
Packet Page -2715-
GENERAL AREA REGULATIONS:
All general laws and regulations relating to wildlife and fish shall apply unless
specifically exempted for this area. Hunting or the taking of wildlife or fish on
this area shall be allowed only during the open seasons and in accordance with
the following regulations:
1. Any person hunting deer or accompanying another person hunting deer
shall wear at least 500 square inches of daylight fluorescent -orange
material as an outer garment, above the waistline. These provisions are
not required when hunting with a bow and arrow during archery season.
2. Taking of spotted fawn, swimming deer or roosted turkey is prohibited.
Species legal to hunt are listed under each season.
3. It is illegal to hunt over bait or place any bait or other food for wildlife on
this area.
4. Driving a metal object into any tree, or hunting from a tree into which a
metal object has been driven, is prohibited.
5. No person shall cut, damage or remove any natural, man-made or cultural
resource without written authorization of the landowner or primary land
manager.
6. Taking or attempting to take any game with the aid of live decoys,
recorded game calls or sounds, set guns, artificial light, net trap, snare,
drug or poison is prohibited. Recorded calls and sounds can be used to
hunt furbearers, wild hog and crows.
7. The wanton and willful waste of wildlife is prohibited.
8. Hunting, fishing or trapping is prohibited on any portion of the area
posted as closed to those activiti es.
9. People, dogs, vehicles and other recreational equipment are prohibited in
areas posted as `Closed to Public Access" by FWC administrative action.
10. Taking or herding wildlife from any motorized vehicle, aircraft or boat
which is under power is prohibited, until power and movement from that
power, has ceased.
11. Most game may be hunted from '/ hour before sunrise until !/ hour after
sunset (see exceptions under each season).
12. The release of any animal is prohibited, without written authorization of
the landowner or primary land manager.
13. The head and evidence of sex may not be removed from the carcass of
any deer or turkey on the area_
14. The planting or introduction of any non -native plant is prohibited, without
written authorization ofthe landowner or primary land manager.
15. Wild hog may not be transported alive.
16. Littering is prohibited.
17. Fires other than campfires at approved campsites are prohibited
18. A Fish and Wildlife Conservation Commission Law Enforcement Officer
may search any camp, vehicle or boat in accordance with law.
19. Planting of trees, shrubs or other vegetation is prohibited without written
authorization from the landowner or the Commission.
PUBLIC ACCESS AND VEHICLES:
1. Open to public access year round from 2 hours bel[oe sunrise until 2
hoes after sunset, unless camping at a designated campsite.
All persons shall enter and exit the area at a designated entrance.
3. The use of ATVs, swamp buggies, tracked vehicles, vessels (except
carnoes or kayaks) or unlicensed and unregistered motorcycles is
prohibited, except swamp buggies may be operated by individuals
participating in the hunt
4. Vehicles may be operated only on named or numbered roads designated
for vehicles.
5. During archery, muzzleloading gun, general gun and spring turkey
seasons and beginning at 8 a.m. the day prior to the opening of each
season, vehicles may also be operated on named or numbered trails by
individuals participating in the hunt.
6. Parked vehicles may not obstruct a road, gate or frrelane.
7. No motor vehicle shall be operated on any part of any wildlife and
environmental area that has been designated as closed to vehicular traffic.
8. The use or possession of horses is prohibited, except by special -use permit
from the South Florida Water Management District. No horse permits will
be issued during hunting seasons.
14
9/13/2011 Item 16.E.12.
FWC Contract No. 11071
HUNTERS AND CHECK STATIONS:
1. Hunting equipment and dogs may be taken onto the WEA after 8 a.m. the
day before the opening of a season and shall be removed by 6 p.m. one
day after the end ofthe season.
2. Hunters shall enter and exit the area at a designated entrance, except
hunters entering or exiting the Corkscrew Marsh Unit shall use Gates 5 or
6.
3. Hunters shall check in and out at a designated check station when entering
and exiting the area and check all game taken
4. No deer or turkey shall be dismembered until checked at a check station
GUNS:
1. Hunting east of or within 'l -mile of the western North/South Tram Road
and south of Bonita Beach Road in the Bird Rookery Swamp Unit is
prohibited.
2. Hunting with centerfire or rimfire rifles is prohibited.
3. All firearms shall be securely encased and in a vehicle, vessel, camper or
tent, during periods when they are not a legal method of take. Persons in
possession of a valid Concealed Weapon or Firearm License may carry
concealed handguns.
4. Target practice is prohibited.
5. Hunting with a gun and light is prohibited.
6. Muzzleloading guns used for taking deer must be .40 caliber or larger, if
filing a single bullet or be 20 gauge or larger if filing two or more balls.
7. Children under the age of 16 may not be in possession of a firearm unless
in the presence of a supervising adult.
8. No person shall have a gun under control while under the influence of
alcohol or drugs.
9. For hunting non - migratory game, only shotguns, pistols, bows,
crossbows, muzzleloading guns or falconry may be used. Hunting during
the spring turkey season with firearms other than shotguns or using a
shotsize larger than #2 is prohibited.
10. For hunting migratory game, only shotguns, bow or falconry may be used.
Shotguns shall not be larger than 10 gauge and shall be incapable of
holding more than three shells in the magazine and chamber combined.
11. Firearms using rimfire or nori- expanding, full metal jacket (military ball)
ammunition are prohibited for taking deer.
12. Fully automatic or silencer- equipped firearms, centerfire semi - automatic
rifles having a magazine capable of holding more than five rounds,
explosive or drug - injecting devices and set guns are prohibited.
DOGS:
I. Hmmting with dogs is prohibited, except bird dogs or retrievers may be
used during general gun and small game seasons.
2. Dogs on leashes may be used for trailing wounded same.
3. For purposes other than hunting, dogs are allowed, but must be kept under
physical restraint at all times.
CAMPING:
1. Camping is allowed only at designated sites by persons with written
authorization from the South Florida Water Management District (239-
657 -2253) or by individuals participating in the hunt.
2. Camping equipment may be taken onto the area after 8 am. the day
before the opening of a season and shall be removed by 6 p.m. one day
after the end of the season.
3. No persons shall bring building materials onto the area or erect permanent
or semi - permanent structures.
BAG AND POSSESSION LIMITS: During quota hunts, host hunter and
guest must share all bag and possession limits.
1. Deer - Flint Pen Strand / western Bird Rookery Swamp Units: 1 per quota
permit
2. Wild hog - No size or bag limit.
3. Turkey - 1 per spring turkey quota permit Daily limit 1, season limit 2.
4. Gray squirrel, quail and rabbit - Daily limit 12, possession limit 24 for
each.
5. Raccoon, opossum, armadillo, beaver, coyote, skunk and nutria - No bag
limits.
6. Bobcat and otter - Prohibited.
7. Migratory birds - See Migratory Bird Hunting Regulations pamphlet
Packet Page -2716-
ARCHERY SEASON:
August 644.
Permit Stamp and License Reouirements - Quota permit hunting license,
management area permit, archery permit, deer permit (ifhunting deer) and
migratory bird permit (ifhunting migratory birds).
Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild
hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,
coyote, skunk, nutria and migratory birds in season.
Regulations Unique to Archery Season - In addition to these regulations, all
General Area Regulations shall apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit.
2. Hunting with firearms or crossbows (except by disabled crossbow permit)
is prohibited, except that centerfire shotguns are allowed for hunting
migratory birds when one or more species are legal to hunt (see Migratory
Bird section and the current Migratory Bird Hunting Regulations
pamphlet).
MUZZLELOADING GUN SEASON:
September 3 -5.
Permit. Stamp and License Requirements - Quota permit, hunting license,
management area permit, muzzleloading gun permit, deer permit (if
hunting deer) and migratory bird permit (if hunting migratory birds).
Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild
hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,
coyote, skunk, nutria and migratory birds in season.
Regulations Uniaue to Muzzleloading Gun Season - In addition to these
regulations, all General Area Regulations shall apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit.
2. Hunting with archery equipment or firearms, other than muzzleloading
guns, is prohibited, except that centerfire shotguns are allowed for hunting
migratory birds when one or more species are legal to hunt (see Migratory
Bird section and the current Migratory Bird Hunting Regulations
Pamphlet).
GENERAL GUN SEASON:
November 19 -27.
Permit, Stamp and License Requirements - Quota permit, hunting license,
management area permit, deer permit (ifhunting deer) and migratory bird
permit (if hunting migratory birds).
Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild
hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,
coyote, skunk, nutria and migratory birds in season.
Reguations Unique to General Gun Season - In addition to these regulations,
all General Area Regulations shall apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit.
Hunting with bird dogs or retrievers is allowed.
3. Hunting with centerfire or Iimfrre rifles is prohibited.
SMALL GAME SEASON:
December 3 throlml Jarman, i.
Permit, Stamp and License Requirements - Hunting license, management area
permit, migratory bird permit (if hunting migratory birds), and state
waterfowl permit and federal duck stamp (if hunting waterfowl).
Legal to Hunt - Gray squirrel, quail, rabbit, raccoon, opossum, armadillo,
beaver, coyote, skunk, nutria and migratory birds in season.
Regulations Uniaue to Small Game Season - In addition to these regulations,
all General Area Regulations shall apply.
1. Hunting with bird dogs and retrievers is allowed.
2. Hunting with centerfire and rimfire rifles is prohibited
TRAPPING: Prohibited.
SPRING TURKEY SEASON:
March 3 -6 and 7 -11.
Permit, Stamp and License Requirements - Quota permit, hunting license,
management area permit and wild turkey permit.
Legal to Hunt - Bearded turkey or gobbler.
Regulations Uniaue to Spring Turkev Season - In addition to these regulations,
all General Area Regulations shall apply.
1. Legal shooting hours are ',,� hour before sunrise until 1 p.m.
2. Hunting other animals is prohibited.
3. Hunting with firearms other than shotguns or using a shot size larder
than #2 is prohibited.
15
9/13/2011 Item 16.E.12.
FWC Contract No. 11071
MIGRATORY BIRD SEASONS:
Rail, common moorhen, mourning dove, white - winged dove, snipe, duck,
geese, coot, woodcock and crow may be hunted during seasons
established by the Commission for these species that coincide with the
archery, muzzleloading gun, general gun or small game seasons.
Permit Stamp and License Requirements - Quota permit (if hunting during a
quota period), hunting license, management area permit, migratory bird
permit, and state waterfowl permit and federal duck stamp (if hunting
waterfowl).
Legal to Hunt - See Migratory Bird Hunting Regulations pamphlet
Regulations Unioue to Migratory Bird Seasons - In addition to these
regulations, all General Area Regulations and Migratory Bird Regulations
shall apply.
I. Hunting duck, geese and coot with lead shot is prohibited.
2. Centerfire shotguns are allowed for hunting during established area
seasons when one or more migratory birds are legal to hunt
FISHING AND FROGGING:
Allowed year round 2 hours before sunrise until 2 hours after sunset.
Permit_ Stamn and License Reouirements - Fishing license (not required when
frogging).
Legal to Take - See Florida Freshwater Fishing Regulations Summary.
Regulations Uniaue to Fishine and FroszOne - All General Area Regulations
and General Freshwater Fishing Regulations shall apply. Shooting frogs is
allowed only during the listed open hunting seasons and only with the
legal methods of take during each particular season.
GENERAL INFORMATION:
1. Information for persons with disabilities can be found at
MvFWC.com /ADA.
2. If you have any questions about this material, please call the Fish and
Wildlife Conservation Commission at 561- 625 -5122 (TDD 800 -955-
8771).
SOUTH FLORIDA WMD INFORMATION:
This land was acquired under the Save Our Rivers (SOR) Program. The
purpose of SOR is to conserve and protect unique and irreplaceable lands,
restore areas to their original condition as much as possible and allow
controlled multiple recreational and educational uses consistent with t ds
purpose.
COOPERATION REQUESTED:
If you see law violators or suspicious activities, contact your nearest
Commission regional office or call 1 -888- 904- FR'CC. You may gualifi, for a
cash reward from the Mildlife Alert RewardAssociation.
The U.S. Department of the Interior prohibits discrimination on the basis
of race, color, national origin, age, sex or handicap. Ifyou believe that you
hm,e been discriminated against in any program, activity or facilioJ as
described above, or if you desire further information, please write to: The
Of ce for Human Resources, US. Fish and N70ife Service, Departneni of the
Interior, Washington, D.C. 20240. The proiect described in this publication is
part of a program, funded by federal dollars under the Mildlife Restoration Act.
Federal funds pay 20 percent of the cost of the program.
When you spot law violators or suspicious activities,
contact your nearest Commission regional office or
call
1- 888 - 404 -FWCC
You may qualify for a cash reward from the
Wildlife Alert Reward Association.
Packet Page -2717-
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
EXHIBIT "C"
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1 /2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE
28 EAST, OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NW1 /4) OF NORTHEAST QUARTER (NE1 /4)
OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF
COLLIER COUNTY, FLORIDA.
17
Packet Page -2719-
9/13/2011 Item 16.E.12.
FWC Contract No. 11071
4
100� 'k
'�ON EXHIBIT "T"
(ti° r, ORDINANCE Y0.2007.
—4-- �019A AN ORDINANCE AMENDING ORDINANCE NO. 2002-63,
WHICH ESTARIASTIED THE CONSERVATION COLLIER
PROGRAK BY MVINUNG SECTION SIX, CREATION OF
TILE CONSERVATION COLLIER ACQU[SIT7FON FUND;
SECTION EIGHT! LAND ACQUISITION ADVI-SORY
COMNIIME; SECTION TEN: CRITERIA FOR
7:
"ALUATIN'G LANDS FOR ACQUISITION AND
MANAGENIFN7; SECTION ELENrCN: ACQUISITION
LIST; SECTION TWELVE. NOMINATION OF
ACQUISITION PROPOSALS AND CANDIDATE SITES,
SECTION I'IUR*rvF-N,: PROCEDURE FOR StLECTIONi
OF ACQUISITION PROPOSALS FOR MACEMENT ON
THP A(M%,'E ACQUISITION LIST AND SUBSYQUENT
PURCIIASK PROCEDURE-S; SECTION FOURTEEN:
MANAGEMENT PLANS AND USE OF
ENW-TRONMENTALLV SENSITIVE LANDS; SECTION
F[FT'LLN: RESPONSIBILITIES OF THE COUNn
MANAGER; PROVIDING FOR CONFLICT AND
SEVERAL ILITY; PROVII)INC FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EPFECTINM DATE.
Itk'HEREAS, Colli:= Courtly has studied w6ous nicthodc for ihc acquZ,,%i.,jL%n 4,,v j'
env jimijentatlysengitivc land for con s.'ation, prcsmation and urbwt, green sWc, and
WHERFAS, Cother County haws Home Rule Primvrs- cstablish-ci by Itir Florida titaic
t'rPislatunc P41SILMI to 1, Yorlda -50awres, Chapter 125 and has dwm)-ATj to cawry or paw min
10 fila cxl--Inl not imxiF imeril wi ib i—mcrall law:, -anj
%VHE tl--AS, Cull'ur County dt:AiFV-N to ' viuviJe a mcz}.xilsrn to -.qunaI713 dml ibe
itnplernej)u�tion o' the commijillity Character P]an, '111v cornpm ejlsivt Gnjwth Nim-u—ct1wril
Kurt. ~which %canullund it uislucan 4)l*c rte -j'L),':Ir;Lntull'! '.ns[E,ve and
W11FIll'Ali. can luedn%,, No,;crnb-r ifi4 vlt�;:writc cjfUoIIk;- Ccun,,v m2EIwfiry j
Courty w lzvy a 0l 21 mill ad valorrin p,,.qjjty tax fu: z pci-04 atilt w exzz2ed In (Tc-n) ymirs.
ak�,qujsiticjll, wend manamnem, lands i4-i
Co:litr County far the 4.lfPrC5CW. and fluwm` and
WHEM,7AS, Collh--r C-Minty-", KJplificznt natural rt:-wurz,.�;, producti%v -.-Auarics and
vvr'Jand&, r,;mxkabJc biodiv,.tsity, and imique subliuni.;:al habitils t-w-jb:)rjr.j,, T-any sNcies of
rare and endangmed flora and f4ana mrnt the maxi prmectivn any county's olffi.m
and
WfIMF-A& it is the nucrt!, of the Bead of Count--, Commissicmem (.if CoHicr County 10
establish Consmadon CG]Iicr to implement tiffs mandate and to supporl its purposes ;o Lj-t!
Nll�l, imit ng all uscs of, and all jrAvIsUrtew =mkvs on, such levics to such pur—prks—es. and
WHEkLAS, the Collier County Board O Coumy Commissioners rrvogai=s the need for
tkw ration of an ud%risory bamTd W advise the County and the public in the implementation of
the prograin and the selection or project sites for acquisttjo,; and
I
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
'WIIERLAS, the Cotlier Cooky Buard of County Conunissjaners, in recognjtion of the
fact that the proposed crAironmentally scasiti vc lands arc to be purchased in whole or in part
through a special ad valorem assessment, hereby recognize the rights of our citib:ng to have
reasonable public acc.cgs and for All Our citizens to FwWkc and t:rtj*y variows outdoor activities in
a reasonabl.- and cnvironmentally friendly manner on lands purchased with these funds; and
WHEREAS. the Board of County Commissioners will ensure that Conservation Collier is
a willing participant program and shalt utilize only methods of vuluntary acquisition,
NOW, UIEREFORE, FIF M ORDAINED BY THE BOARD OF COUNTY
COMMISStONJ�RS OF COLLIER COUN1'Y, FLORIDA, that:
SEC161 ON I - Xxroe:
This ordinance shall. be known as Conscrvati4m Collier Implementation Ordinancc,
ACTION 2: Objectives-
Consm,ation Collier is therefore hereby established to acquire, p=scnrc, restore, and
maintain vital and significant threatened natural lands, forest, upland and wetland communilics-
located in Collier County, for the benefit of present and future gcncrations.
SECTION 3 - FindinLs-
L The foregoing recitals are true and correct and incorNraTed herein by rcFcT0m-e,
2. All ad valorem funds generated hereby shah ltc collected by the Collier County Txv
CUILCXIUT_
The Countv NUnagcr, or his or her designee. shall at this program in accordance
with the procedures and criteria pro6ded for herrin-
SECTI () N 4 - Pu ryosr and Intent:
I. To acquire, protect and manage rnvimnimcnialiv scrisitivc lands that comain natural
upland ex %4 eLland cornmunitics, native plant cammunitics, rare and endungerml frora and fatina,
enderni.- qmic5, endangered habitat, a div-:r-sity of specirs, significant maici rcsouices,
or tiuLstandinr, acslhelj,- or other natural features, maNimiizing, prttcclion Of COOiCT Courtly's
-ArmsE, rti,,ist unique un,3 endangered hobiv-,ts:
2, 7o azquirc, pra= and, manage environmentally sensitive lands that offer the first human
racial value, including tquiLalalt Fcnrraphic di.qrNi6om nntural rcsourcc hascd reerczniun, and
proiccclon of wat,--r rtscuic-cs, oca) ecologic'J awareness, Md cilhanix"nient of he ac-sairtic
sating (if Collier Counly;
I To acquire, prOLVIA an,� Manage enVironMerital1v sensifivc land, I - - C
3. s tha seme to re: th
County's aquifeT% and protect its vL-,tLan-1s and surfaix -water r--,sL.-urcL-- to the delivery of
clean and plentiful waver supplies and provide flood Contrul-,
4. To acquire, protect and manage tniviyannntntally sensitive [ands cuntaining the most
biolagical, value, including hiodivcrsity. Listed species hahim, wanettivity, rcstaraflon potential.
and mological quality.
5. To pTntcct present conservation lands by acquiring, protecting and managing ad,*ew
propertics which, if not acquired, would threaten the ronvironmental integrity of the existing
rc-5ourcc, or which., if acquirvj, would enhance and buffer the environmental integrity of the
resource, and add to re-sourcc, canocc-fivily;
-*0—N
2
L�JljVs -added- wuikwP�v�ttcd.
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
6, TO tts't"Tc the natural functions, as necessary, to any impacted and vulnerable habitats
1*01 which would then contribute significantly to fulfilling this program,s goals;
7. To help iMP]emcnt the Objectives and policies of the Collier County Growth NLMaFcMC11t
Plan which have been promutgutrd to preserve and protect environnarnmt protection areas
designated in the Plart and other natural forest resources, wetlands, endangered species hahitat,
and vulnerable rare habitats;
S, TO identify Collier County's best and most endangered envirortmenud lands for
acquisition, pratecuon and management by evaluating the biological and hydrojo&al
charactcrimics and viabUny of the resource, the vulnerability of the resource to degradation or
destruction, and the fewsibility of managing the resource to mwntain its natural attributes:
9. To manage acquired en-vironniemafly sensitive lanes with the primary objectives of
maintaining and pr=7ving their natural rmurce values, and providing appropriatc natural
resource-based recreational and cduc"ottal upportunitics, by eniplolving manageawnt techniques
tract are most aPlirupriatc for each native community so that our natural heritage may tar.
pTcscTvcJ and appreciated by and for present and feature pric-rations,
10. To have the acquired Sites available, with minimal risk to the enkironnumul integrity of
The site, to cdu-.= Collier County's scbool-age populAtion and the genmw public ab, a
ut jhc
uniqueness and importance of Collier CountY's subtropical ecosv'stcrns and natural communities;
11, To protect natural resources which lie within the boundancs of other conservation
Land acquisilion programs, U,-h,.Tc Conservation Collier fitnds, would Izverage significant other
maiching sources of funding for other agency acquisition putiecls that would not be avaiLublv
without such a local match, or wluich would result in cons-idembt hither funding, rank in t ,
y ane 1wr
progran'), howeve-, CollicT Counn, shall txcludc Municitlalhj- within ilic County [rom any
TcqujTcnu:,nt to pn)-6dc mat.c.11ing fuoj ; and,
I '-) . To coopermv activ,cly with other azjuis-ilior, const-matictu, and rcsourcc managenitnt
progranis, inf,-ludiag, hint not jjmit�d W, such prnf.,rs:ms IS the SULC of Flori&4 Consurvalion and
Rccrcatir,ft Lwtds prog.mm, the Lmdl AcquiFition Trust Fund, Florida FoTevur, and Sa%•c our
RjWrS -oragurn, whcrc Elie --nupest's M sm'j) prop-M-s arc consi�irnl with true p,,rpu ste_s L f
CLFP1,':T'.Uti On CoAit� a:-; suted K rciijabovo.
SUCTION �- Definirikyns:
Tl t tiolaw in,
I u wurds wid wlicti uses in lfjis chapter, shall have the rn--'anings
UsCrihed to them in this action;
t. '*Acquisition propasal" shall m-.an (0 P&r",160 of Land Vyllic]" hLs-'havc Ncen nominated
or rreammended for consm'atiun in accordance with the pmcedurcs pruvidrd for herein,
2. "Acquisition PNject" shall M= (a) parcel(s) of land approved by the Board of County
C(1mmi-r,siQnCTS for vanservallan by the county in accordance with pmcedixcs provided for
herein.
3. "Authorized Purpuse" means expenditures authorized her in.
4. "N'Oo-PrOf'lt 007ganhtation- shall mean an organization as defined in section 501 of
the t "muted States Internal Reycrluc Code, Op=- iing in Collier County, which itactu4cs among its
Mmazy goals the conservation of =Urdt MsauTceS Arld the pratection of the rnvironment-
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9/13/2011 Item 16.E.12.
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"1111fier land" shall ==- that land 'hiliI ch is adja=t to publicly-owned environmental
land. or privately held land pennanently dedicalcd to conservation, or that land -Afkb is an in-
holding within publicly-owned cnvirournenial land, and which, if not acquired, would thrcaicn
the environmental integrity of the existing rcsnurcc, or if acquired, would enhance the
environmental integrity and connoc-thity at the resource,
6, "Environtnenudly sensitive* land shall mcun that land which contains naturat upland or
%vcdand cornmuniLics, native plant communities, rue and endangered flora and fauna, endemic
species, endane=d species habitat, a diversity of species, signifivant water resources, or
outstanding aembetic or othcr natural features,
7. "Management" shall mean the preservation. enhanccmcnt. restoration, cons:nratinn,
monitoring, or maLateruince of The natural resource values of environmentally sensitive lands
which have been acquired or approved for management candor Conservation Collier. including
provision of appropriate public access,
R. "Target Protection Arcas" shall mcan larg or=,; of cn,6ronrncnWly sensitivt land
-within which arc located specific sites which generally satisfy lbe initial screening criteria and
meet the goals of Conservation Collier.
9, -Natural resource -based rccreaiiort" shall mm all forms of uses which are consistent
with the goals of this progTarn, and are compatible with the specific parcel. Such uses, shall
inch.u3c, but not he limited to, hikirtu2, nature photography, bird - watching, kayaking, canocitig,
swirruning, hunting and fislfing.
%FfTJQN 6 - Creation of the (143—nsrrvatior Collier Acguisition Trust Fund,
Collier County shall establish the Conservation Colb-cT Acquisition Trust Fund for use in
acquiring environmentally scrisiflvc )ands in Collier County. This fund s,11411 receive and
jisbune mumcs in azcPTdancc with the pn)% isioms herein.
I . "llne Culhur.Azquisifion Trust rune shall rcctive monies from the fo!lo% sing
sc,Laer!ti'
a 102 murti=i accepted by Collin Couw,) in the fare: o' federal, State, or o0bur
gTIMLSI, reiMburscn-1211u, or UPProp-ni ate fns, "'nundation Or privak
wants; donations, frii acquisition of znviror.m.-orally` sciriifive lands end PJYM,-r'.IN 1"m Vizi:;d f6j
i
I I �
miOgAticn aci vizr assoc:zicd with such ,"ui si, io- w liv i t%.,
b- Such addalonal allocations- us may be made by the Boa;J of County
Commissioners ftom brne to time for the purposo forth 1wrein-
C, All interest generated frorn the sources identifitcd herein VXCepl where meanies
rccci%,cd have been otherwise designatcd or restricted,
d. Supplementation from the Conscrvation Collier Managemcm Trust Fund, but only
with the approval of the Collier County Board of County Commissioners,
el Up to Eighiy-five p=cnt of all ad YaJorem revenues collected for
Conservation Collier-
11" proceeds of any property acquired with funds from The Conservation Collier
Acquisition Trust Fund that is leased or sold by the County, said proceeds, as determincd by the
Board of County Con urdssiortrrs, to biz cornntitwd either to the Conservation Ciollicr Acquisitian
4
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
Trost Fund or to the Constryation Collier M=gemt= Trust Fund ibr the purposes provided for
herein. Any such sate or lease &iWl only be in aucordmwc with the goals of this Program.
91 Prior to acquiring land located within a Municipality's boundmies, approval must
first be obtained from the goycrriing body of that Municipality.
2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and
scl,repied must fund of the County to be used solely for the authorized purposm set forth herein,.
3. Dishumc-mcrits from the Conscrvation Collie; Acquisition Trust Fund shall be made only
for the following autitoriecd purposes:
a. Acquisition of properties which have been approved for purchaw by fttk4w4en-a
the Anard of County Commissiormis,
b. Costs s�wciatcd with e=h acquisition including, but not limited to, appraisals,
sLrrvr.N-- criviMOMI—IdLnum—fts nuc coma -ramous real
propcn), taxes, docurnrnL-iry sumps and surtax fors, and othcr cmitsuciion costs.
el Costs of administering Conservation Collier, including any loans from the,
General Fund for lunding S=-up costs until such time as the fund is closed. Administra6on of
the program may be ounducwd by County stuff or by contract with a private or not for profit
ertlitv Subject to meeting all County and OunscryatiMS. ha ng s FPO
_Q[JJgr purc si rulit-in eedwe
Adraini=tivc costs shall be limited to the grcatcsl extent passible.
dl� To undeftAx and carry oLa studies and analyses of county conservation land
needs and ways of meeting those needs. lurtiu-d to no more than St 50,00(),00
Co To squire and dispose of real and personal property or afty interest therein when
s r
i*Fh aequisiii s neunisaTy or appropriatc to pTotect the natural environmrnt, PTCMIC PUNiC
ace at public nN-rcaiianat fazi[ities, prescrve wildlife habiwt micas or provide access to
management of acquim iatlds; W WAIULM i-It-27CSIS in Land by means of land rxch nue.,�: 1
Lt. - al d to
CDLCr into Ml1CMZ1JVL:'., ZO tl1C =-,qlii�Jtion of !'I-- inter-:�,;� in lsn4e irl;jUdiniz, tl�r. acqui-.utwn af
ea&Lr--cntS. N'fc csmws' leasts. andL'-LsCha:1; arrang:;nwn',S.
lartd
rand. the Oro�,kih Mam:g-cmunt Plan.
Tu, cuoptmttv- with oth-- kneal, VLJonal, estate. or, fcdcral, puJillic land acquisition
progTams. it; such cases, the Cnunt»` may craten into vontrictual tar athcT ;tgiccmems to ac4ui7z
laadsjoint)y or for eventual resale to w1wr public land acquisition pTogratns: in Cullicr Ciaunty
h. All lairds wAuired and d'Icd Kilcly its the name of Collier County' shall be
managed by Collier Cuunly, wbffrevict located, unless by mutual varticrii agreemuni managcrnmi
a.rangcmetits =-J responsibilities are undenaLcn with other local, reounal, state, or fedcrA
agrncics, All lands, Jointly acquired with other local, regional, slate, or federal agcncim
inclujing Municipalities, shall include, as Part Of the acquisition Ptiocrss, Some mutual written
Agreetri--rit regarding d responsibilities of the joint owners for maiTitznanct.
i, To borrow money Lhmugh the issuance nt'bonds for the purposes TyTovided
hervin, to provide for and secure the r*ymenr lhureofl and to provide for tk rights of The holders
thereof.
IWV--Iia �xddvd
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FWC Contract No. 11071
i To invest any funds held in reser,,,Ls or sinking funds, or any funds not required
far immediate disbursement, in such investments as array be authorized for trust funds under
Florida kanaes, Sc.-tion, 215.47 as amended-
k, To insure and procure insurance against any loss in connection with any of
The trust's operations, including without limitation:
a. The repayment of any loans to mortpVc lenders or mortgage loans,
b. Any project,
e. Any bonds of the County;
Insurance may be procured in such amounts and from such insumm, including the Federal
Government. as may be deemed ncocssary or desirable by Collier County.
I, To engage the services of prir-.ttc consultants *n a contract basis for rundering
profmsionat and technical assistance and advice,
M. To identify purcels of Land that %,6vuld be appropriate acquisitions.
n, To do any and all things necessary or convenient to carry out the purposes on and
exercise d)e powers given and granted herein to the full extent of the law.
SECTION 7 - Creatian of the Conservation Cullirr Manneement Trust Fy nd:
There is hereby crealeA the Conservation Collier Manag=cnt Trust Fund (hereinafter
referred to as the Conservation Cullicr Mmapcmcnt Trust Fund) for the preservation,
enhancement restoration, conservation and rnaintcriance of environmentally scasifive lands that
either have been purchased wilt monies from the Environmentally Scrtsitive Lands Acquisition
Trust Fund- tar hair oth--rwL-,c brcn approved for nuutagement. The Finance Director is bcrchy
authorized to establish the Conservation Collier Management Trust Fund and to receive and
dkbUTSe monics in accordance wiib the provisions of this wtitin.
I , The Cbm-Tvafion Collicr rvlarmperncnt TTLLM Fund ,hall i* maintairmd in a separate and
se,grevated trust fund of time Counry io uwd saldy for tho authuniz--d pu.-pns::,, "- forth her in,
2. 1-he Co crvwilxi Colii--r la miage.,wmi 1'rus! [-'und --hall rcccivc =,ril-n frogn Lh-,
,,zlllcv-ving scwces-
3, Ad-valomrn uixo coll-,otJ for CurtStrVX.i�=, Ctlfli.-r in ar amount not ki exceed
I "UV of the tui,:d L:oli--ctrd in any onc year
b. All moru---s a--ccplcd tvy CotlieT County in ffit: form cf ledcral, State, ar otiier
gover=cnial grants, allocations, or appropriations. as w-,[[ as fbundalion oi prtivatc grunis and
donalions, for nuuiagemcnt of lands acquiTcd mith the Conservaiion Collier Acqukhion Trust
Fund or otherwise appruvcd for rnanapc=,ni,
C. Add4innal allow -moons as may be made by the Board of County Cummissiourrs as
neoessary from time to time for purpuses strictly consistent vdTh thc goals and puiTosts of
C"nsen-ation Cotlicr,
d. All interest generated from the soured identified Ir-rcin. except -AhcTc niordes
reccivcd have been othemise designated or res=wd.
3- DiSbUT-4meftts frum the Conservation Collier Management Trust Fund shall be tnwJc by
the Cvuatv NlamgeT or his or- her dcsignce only in acevr1mcc for the authorized purposes
forth herein.
10"1.1
co
Lr*-flme weer
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9/13/2011 Item 16. E.12.
FWC Contract No. 11071
SECDON 8 -Land Acquisition Advisery Committee:
1. Creation and Putposc.- The Land Acquisition Advisory Committee is hereby established
to assist the Board of County Comm ssioncys in establishing an Active Prnpertics Acquisition
List with qualified purchase recommendations consistent with the goals of Conservation Collier-
2. Appointment and Cumposition: The 1,4nd Acquisition Advisory Committee shall be
composed of nine (9) members who arc appointed by and will senr at the pleasure of the Bourd
Of County Commissioners in U=TdanCe with Ordinance No. 200145. Membership of the Land
Acquisition Advisory Committee shall compTisr broad W balanced repreSenuLtion Of the
interests of Collier County citizens, including:
a. Envi ronmental and consenation interests in Collier Counly;
11, Agricuhutal and business interests in collier County,
Z Educzvtionai interests in CoRicy County, and
d. General crAc and c-ifi7en interests from thwaghuut the county.
Individual rnembcrs of the Iand Acquisition Advisory Comminee shill have expertise,
kna,wledge or interest in ecology, conservation of natural resources, real rs4atc or land
acquisition, larvJ appraisal, land manag-emcni, eco-toun-sm, or tnvironmenuil education. A
tiontirtec shall submit to the Hoard aU�kAtq
written evidcact of Itis or her
expertise, knowledge or inicrest in any of the above. The members of this committee should
include mpre-sentailves fforn difr-emntaTeaF, ofCoRim County,
I. Terms of Office: The initial terms of office of the members shA be %UggcrcJ bctween
t#—Isl the individual interests, for balance purposes, and be s,--t as follows,
a_ TKrcc t 1 atemibers shall serve 2hrec, () )macanq.
b. Three (3) mcmhug shall serve mo t21 yews,
C. Three 1 nicn)Fxrs shdi serve one (1) ycax.
Thereafter, all appointnitnts, shall he for a term or tzec I) yeLrs. -!'he prorem fo-
711(q 4:
app'lintricras and u-mlsofofficv, Shall be ---ovcrn.-,d by (A.11i.r,-Cauntly OR13 �N -,
4. OE-Icc:-s' Quan-rn Mnd RuIcs of [-rklccdutc�- Al its t2lli;fisl oppwtunity, Llir nxznb,-T-!;hIP
of thc Corrinline'e- shrill Cleo a cfuu-,%-r:;on and vicc chairp-crson fYvrn wriong tht rnzartbcrs-
Of"Ificer-4' itmns hull he f�-La of one 1 1) Nca,,, "Ith cligibiJily fist rVV!UuLiIn.
Thc prr-stnze of five 1`5) or morc mejrjL)cri shall consLjjtg.e a quD3-UM Of the Commitlec
n--sary to tail: action -ttd ITUIISUct business. The Ccrnmit—= shall, by majority vole of the
entire membership, adapt rules of procccluTc J;)r the tranwtion of business. 'fibc 1=4
AuqUiSiLiun Advisory Comminec shall comply, with the applicable requirenicnu of the Florida
Sioishinc Law, and 4al keep a w-hUcri rword of meetings. resultnions." findings and
dctcTminations in azc.uTd,-nct: With Chapter 132, Rarodd Staiwes. Copies of all Committee
minutes, resohnions, rcParts, and exhibits shall be submitted to the Board of Cmwty
Commission-crs.
Attendanec and Vacancies: Committee member ancndance requirem-MU, including
failure, to attend meetings and member Trmoval front office are govemeA by Collier County
ordinance No, 2001-55, as zunrnded.
7
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FWC Contract No. 11071
6. Functions, Powtn and Duties of the Land Acquisition Advisory Committee: Tlac Land
Acquisition Advisory Committee shall have the following duties and responsibilities:
a. The Land Acquisition Advisor, Corrunittec's primary responsibility is, to
recommend to the Board of County Commissiomrs an Active Properties Acquisition List with
qualified purchase rccomniendatittns consistent with the goals of Conscrvation Collier and
pursuant to the policies outlined herein below.
b. The Land Acquisition Advisory Committee may, from time to time, recommend
to the floard cif County Commissioners proposed expenditures from the Conservation Collier
Trust, Funds; addiflorW selection or acquisition policies, procedures, and programs; and other
such matters as may be necessary to fulfill the purposes of Consrrvatian Collier. Howrvccr, the
petals and primary criteria of Conservation Collier may not be modified except by cauntywidc
i-cfer-cridurn vote,
C. IU Land Acquisition Advisory Committee shall have no pow= or authority to
commit Collier County to any poficius, to incur any financ:W oblitmions or to create any liabifi, gy
on the part of the Count%,.. The actions and recommendations of the Land Acquisition Advisory
Committee are advisory only and shall not b.- binding upon the County unicss approved or
adopted b�, the Board of County Commissionen.
d. At sir --h time as them are insufficient uncommiacd funds in the Conservation
Collier Acquisition Trust Fund to conclude another acquisition and all acquisition Projects have
been closed, the Land Acquisition Advisoty Committee shall reNrt to the County Cnramission
that its business is concluded. All remaining Con-wTvation Collicr Acquisition Trust Fund
rnorfl,zs shall ti be transfem-d to the Comrvwion Collier Management Trust Fund-
7. Review of the. Lend Acquisition Advisory Crmmin=: Th,- Land Acquisition .Advisor;'
Ccnnmillr-, shall be review,-d by the l4uard of Coun-.Y Cammissionen cvcTy low vcan in
a-z-virdamcc Nviffi the p-tivisions Ur Nlirc of colhcr ("nuraN. Ordinan:c No- 20"'JI -'155� �s
arucndcd
SFCTION 9 - Propivrry Fli2ihk for Ac(Iuikition and Matiagetne"t.,
I POpzllies eligible lo be vorlsideTed fist isvquisilicll and niamigtnle3l' Under CVnWn-LAiVn
?Utdlic,r -Nhall he only cnvir•nmcntatiy SNISLOVC [ands availablIc from willing and -toluman�
participants.
2. Acqui.,66ort of propct , shall nort tit corL-araincd bawd un the iinrrn:t&atc availabilky of
marta emetll tnonty
I Any environmentally scmulive [and no! on the uquisiflon list which is offered for
cort,Tyancc or donation to Collies County and is proposed for n�unogcrncnt by Gonscrvation
Collier shall lbe evaluated as prnviocd for herein below and may only be acc-epiod and approved
for management by the 1�oard of County Cornmissicirwrs.
S17CTIONIO Criteria for Evaluating Lands for Acguisition and Marut-gemem
E The evaluation of each acquisition proposal ,,halt he based on wislying at least two of
the iratial sozrccning criteria below. Qualified sites shall then he fin-thcr prinritizcd by secondary
evaluative criteria listed below under motion 2• The initial scrwnin# criteria art:
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9/13/2011 Item 16.E.12.
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3. Land with the, most raze:, unique and endang=d habitats toured in Co it Couatv,
1*0*N order of prcf=nce: tropical hzadwood hammocks, xeric oak scrub, coastal .strand, native ksch,
xeric Pine, riverine o* high tuarsh (saline), tidal freshwater marsh, other native habitats,
b. Lands offefinge the best hurnan social values, including equimhlc tic
get -TO
V_
distribution, appropriate actess foT naturat rr%aurcc-based mcreation, and enhancement of the
aesthetic setting; of Collier County.
C. Lznd which protects the reeds -t water resource values, including aquifer recharge,
water quality, wetland dependant species habitat. and flood control.
d. Land containing the most biological value, including biodiv--tsity, lisped species
habitat, connectivity, restoration pcft=tjaL and ecological quality.
C. Land which enhances and/or protects the envimamcrital value of current
conservation lands ftough function as a buffer, ecological link. or habitat corridor.
f. Any qualiflod land which mects at [cast two of the above criteria, mid has
matching funds avaiLabic andfor which Conservation Collier funds availability would leverage a
significantly higher funding rank in arvichcr acquisition program. Aziuhoui such �;UA49
f4r.,..., COFLNeR;Miffj r aa' fi —A-
fi-wA-bo-o iAu;b;v fff pFojee�s within the
the., egffle�
2. Thasc proposed wAuisitiun proposals which are initially quaiificd under the scretming
cntans shall be evaluated and ranked by the staff and Land Aequisition Advisory Commitlec
using Secondary Ranking Criteria teased on site visit information which confirms or refutes the
initial SCrCenin� criteria cvaluatinn, and based on compamdve size (to prefer larger of Similar
parcclsX vulncninaity, in dcsutiction (to prcfcr most threatened of qualifiers parcels), twerall
resource ecological quality (to Proftr highest quality of similar p3rcc[s) and ibc csiimatcd
Imsibilli), and costs of manacent-ont SIto prefer must rnanz>4cablr pzrcclal.
3, The BOW-d tff County herchy shall napi)mvc and inake to pan hereof thx
al,iazhwd initial B1 of Tar-cer Pro ecjdcn 'Iieus vothin whixil = luzalcJ --pe-Jific siw:i whizh
- 'iy .
gzmcmll. satisfy the initial scr=-ning, cri-,rzria and nl,.-.-I the poah (ir Cnn.screa,iort Collicr,
Inclusion on this list is not a guaranlc�z spcciiic perm chase' :-%ll Sp-eciffic rrcmo •als'wili be
e.V JMIaled and ;rul=ed by siaff and the Land Acquisition Advisrn- C.onitnittcc C, :jr a
Of a,-:proval to Llit BqLrd of ("-junty Conimissi,,=,rs.
in accordance bvith -,he gnals, policics and procejuics of this Con---rVan-on. Collier
implem-e-iltation Ordinance. di.- ULo%�-iny, list is the '.IrSt Target PTOCCtIOND, AfCaS Jd0j7ted for
consideration by the Land Acquisition Advisor - Committee. County Staff wid th,:, Board of
County Commissioners,
-4- All designated Urban lands on the I'LaLue lAnd Usic Map of file Collier Counly
Crvwlh NIzinegement Plan with predominantly native vcgoativc covcr,
b. All Collier County Natural Rcsourcc Protection Arcws and Scndirtg, Lands, as Shown
on The Fulux Land Use Map of the C-oljier Cuunly Gruwth Management Plan..
e. undeveloped lands with predominately native veg -ve cover in, the Northern
(joldcn Gate Estates. as shown on the Future Land Uw, Njap ol'the Collier CoLinly
Orowth Management Plan.
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d. Tl= Flo• -way and Habitat Stewardship was as deli on the Futurc Land Use
Map of the Collier County Growth Marraverrient Plan.
4, The County Manager shall prepare and periodically update for presentation to the %ard
of County Commissioneys. a Conservati un Collier Program Martual, developed by sWT and the
Land Acquisition AdNisary Committee, which, upon approval by the Board of County
Commissioners, shall be used as a guide fur implementing the provisiorus. of this ordinance, and
shall also include the initial and secondary criteria listed herein above for evaluating
Conservation Collier Acquisition Proposals. Commencement orthc acquisition and trianagement
pTognim shall be immediate upon approvW by the Board of County Cammission.-rs, passage of
the referendum and appointment of the Land Acquisition Advisory Commiticc, even if the
mantled has not been completed,
SECTION 11 — AgaWsition List.,
The overall Conservation Collier Acquisition List shall consist of vh-o specific lists: the
Target Protection , Areas List and the Active Acquisition List. The Land Acquisition Advisory
Committee and Board of County Commissioners shall approve both in acuordancr with the
procedums set forth belmv:
L The Tatgz-i Protocdun :Areas. List shall consist of lands representing tire higbes! natumt
resource valum such as Nawral Resource Protection Areas), but uencrally not spt—,ific parcels,
and is initially uppruvcd by the Board of Cnunty Commissionci-s and updated periodically by the
Board of County Commissioners and Land Acquisition Advisory Cummift=. It is established
and updated in accurdan= with Comen-ation Collier goals, procedures and criteria,
2, The Active Acquisition List shall consist of criteria - qualified sites that have been selcuted.
from Target Protection Areas, as well as cliialified ai�qui!Jtiun propusais submiti-ed EO the Land
Acquisitiun Adviyxy Cornmincc by tlic public, all of which have rtxv� ii— --11 ... I—.
h,W submititj by f-a p:-tTcr1N1 tvwmc7s. Tbe Active Aca PL51110n, Last. sfiill se-oaratle
into thrci�l,(,-'?Ic.atcgci,-i,e.,.,,.A frursuc accuisitivns. B fhold far r2-mnkinr in thQjjp,,t
Lxr- IC 1. 211.1 611ILT M art L11,--.FUiTj3 L, c, ry rare sprro j cc t;
--e 1"). The A-cnl-- lll i1 be fuilther
car tirrl ,_J,j I (higil, riortrv), 2 fmcdium r1rinav".1 and R10%-V pT;QTM j)
stuff directign as tai Erinrry f11T 2cami-,i(ion tasks Tht Aclivv ,wquisitiort List siadl be updotcd
Peritv-jically azzording 1,�) curISUVA11011 CURitr pocedurcs and cnicria. Siitt acquisiziort
proposals that receive -tht highest evaluations pursuant to the Conscr.-anon Collje-r criwria and
fur which acquisition is fcasible will he place; on iris list, prendinE 81VI-oval by
the Ixid Acquisition Advisury Committee and the Board of County CommisSiftnerls-
3. Once approve J by the Board of County Commissioners, t1w. County shall actively pursue
UCqUiSitiDT1 of A-cazcgoa pi-(rj=-ts on Elie Active, Acquisition List- All siw-.,shaEl be pursued on a
voluntary -wiffing partitip=7 basis ordy, without the L= or the County's eminent domain
FKM,Crs�
4. Projects will only be rcmovcd from the ,Xclivt Acquisition List by successful purchase of
the site, approval of the rL--xt succeeding list, withdTa%jl of positive interest 1%v the property
whncr, or bye resolution of the Board of County Commissioners, Projem set oved may still be
ociasidered at a latcr time,
SECTION 12 — Nomination of nequisihan 2rinp2sid- and "rididair sites-
L1qd-q1j" _add g±
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
1. minations for the. ConsrrvatignLgj 11 Lft.. am miay be made by AP-N-D-Cl WA .—Or
MW t,ion. including Cnlli--r Counly, r 4 yai,�Staw or Federal avcnciSc�n�lacfin ,
mimm staff in %Tifing and pro-vi&g. Mitive identification of the rmarccell ukj Ehrour-h a man
ijjo numbgrf-0. StEUT wit) %pL@gjpqu'L tj
-_to the own--T in the f ,T interest utter er
_aMLQC
advising of lk-nomirLation and asking if the cmmar A*.;l to +ubrnil an apnlication for
consideration to the jQQnp
jOMjjgfl_CoLhcr Program.
2. An myncr D)jp
,3Ui_*
, mitialit his or her own Iggperty hr- �dMi 0 an application.
I Count
6M.M dirrutc-d by the Land Aeguisitio onarnittzc a_-;king ir w owner wishes to
, , 1L&Li_SwnC
lqbro( -Uri application AMRMgdM - to-the Cunservation Collier pr(wMp.
4. An #D
shall be evidence of a -wiffinvINjim
S. Wktil p
i. Speai rt"iifs PaIRW'dUffilion WiN be given to "jeh lie wAift.'
;�Wg'4-p 11 --ion Apaw 6m
"squisilkM .. RmiF"v SeR4 445-- the Ge"fy' -00unly"100-ignaled gamtse�
and Jan&jwncr applications n4mnina-ting prapcnk-s for acquisition may b,-.
submitted at any ILme, during or after the fast annual public soficitafiun muming (&-scrihcd
txdow'), applications, shall he ZRjjW'U;,? %"" U
p
bx,rp, , n -evalwaled within the
- �rll (In
l frme shall be Publicly unnQmnceo. tNy- y-perso i
'It S931P OF Fw_d__-F8A ateftie5�
^• Ail flolytiflm fv' I I I - _j b};' 411"g aft Mpf4"6@*-wi . is
do SI&W ttftd 4.. -tkd,,At Aeb.
I
4, 6. 'fliere vvitl be un annual public rnwing for the puT�jse of updating tnc Roarcl of
Cuunty Czrnm:ssianCTS and the puhik- and fur sudicitinp 'J
propasals an I opplictttio ts. The f:rm
"Uch MCC'Ling awill zzakx place at the cnd of ffic fl", vew of implementaLion cif Con%cn:jtj,,jn
Cad i t�r.
7 " -flit.
i4.:"�nttte3t shall L-tdisclmncd in -app�j4: 0
1tS in L
carne manner as requijed Of Zunin.,, lapplicant.s In, the (_'Qjliej CoUjilv Land Develop mcnt Codc,
0;1 -M f ierut
iippWSM d0e5 4wvo,,uu owamWp
. . . . . . . . . . _H#Eqje_y, Ille W WRj_WA4Fd6_, _r .h e"j-
4&ted in toe PfftpeffyAppFui---'--
W44k�t%j WiL� tho- af P. We
SECTION 13 - Procedurr-f—or selection of Mui&iflon-prop2sals for rtincement on the
Active Alguixifion,List and Subsequent Purchase Procedures:
I - Ij.n
tmingr ibe_Jkdl -'A-- Those that szfisf�" two 12) out of sie Xtuf
the Initial
`crccnirie Critcri
5 9d#,A_AJ I be farwardvj to the Land Acquisii itm Advi
'�Jw , COMMirlee for a
i
�i CuMnIcte evalu4- ,Ion
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
Upon Op. vol FYC 11M w�ffefjdwn and qktbsequel! v.
SOMFA� S6fi9%4. Wfld jehef&-ofinq ... Y to 9 pfa N.Fi�,
kv
f—,0feWr"ff g iftitill! SGFOeRillg ef4ffl[V
2. Afiff lhe—ffffitr�tW Of "eminemefts; dowvaef and POW*-
FMFRiF.&4Od PFSJ "'B40- ERWft lafig kf: jk H jk4
u6i" dhe iRiial its wwtH t84 POSitiVe FespFRAes;
ion vrowsajs which do not saljjfr the pjljal sorcening criteria or which saiisfy
ailial.-SCTUenine -criteria bug rot qAet:easons Nominated pf;opeFfift 4bta do rtl j v
_, not fulfill the
purposes of Cimservation Collicr et 6&" the inii'a4 efil %Nril] be tepailed to the Land
Acquisition Advisory Corrunim-e and shall not be evaluated further unless at Icast five 151
membm of the Land Acquisition Advisory Corrunint= Vote for a complcic evaluation.
4-3. Proposals which satisfy the initial screening will he further
-syplu; -_J:� 0 for presentation ere
€frd to the Land Acquisi6ort Adhi-;trry CommItIcc ffA-&Wf tat sevond� review
visit, which staff shall .cJ i iiMlf.. th _11-
pq
,,2veriv owner. and which may &;Lpd'� me Advisory cammitt"m
infaTmation about jq_plircel(sl available in the Cou-n-v's clectrnnic d iatNses and research inh)
artv other records rcLamcd by the Qnunly qbqqU Sim: a1h -the
J�� igg-etfs' U b obsened and S�n
data. gaff shall prqpqre Ott itial Criteria Screening, Renon c ICSR) which will c id -_svW
J9
Wong-voi pr"esial: bouMary and location maps for each site, des-criptions of the
bialogit:zd and hydrological characteristics, including initial criteria satisfies, a summary of its
poWntial for appropriate use, development patential offfic site and ikI.Jaccni Land, an a--,scF-,imcnt
of the ranat, cn- nc needs an d costs. the aseNsW and e!rjtnated value, an }' - potentially
av:iil,,b1c ma doing fund s. i4 i-qui-ition propusal - Criteria
tea. -Otnpletiorl of Lh- 144EX:F�te-*aSer-et �, - a J Acquisi6ou
.14 UpOft C� 3 ,RepFf4 05CR, the Un
Aklvi�,ory Curnmnee shat) hold a pubtic lwzxj.�p "or
can'--uned cuch site, the applicants' zmI'or
Lmdo•ncr-,' cnnimmis, :std coninienas !Iraryl the public. A courtcsy- notice shall be providt-J to
the awncrs of properties which ary the subj=t of the hearing, ilzbo�ogh failure to notify suiJ
owners shall not invalidate th--sr procccdIngs"
within th-: CUITgnt accui.-iijon t-:lac Land
Azquisition Advisory Cnmminec shall evaluate all quaiificd proposals using t4e—,ett"idary
tan4iift arileTia'- as d2c4n=
t;q.'i 4
jhe JCSR 4664 Cfi �a SEfeemnE Re •o_ aj�onavkjth, at+J
public comments. and th--ir amm cxn 'gn -rits, and then rank- thcVL%qb-.A;,4jt -
M _�g,yj_id ilidjurn,
w the A. 3 and C r--nkinp cattgorics jq tit a rccorngrmdrdd pffTt9w tFT
tha Active Acquisition List at ti" a p&i; ng. Subsequem ;Additional meeting,,; may br,
howi,
called to complete this task,
6- Gowii) stag SheAl 4A.;44 'A4±6 r6mid '4tisilui skion--'Soff
Gefaffli0ft ki-i *-_Lpemej 65dewfie5 8 ed prefla"W" +he* pmposed W Ehe A
Lndg-hre
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
L4:�efi Samplelie jw-,MIP§ 41ilifil site vi-s"R
AOOQ%� genVene
-b.pUblie WeEiLgo j,8"4i8f1S to, -a. I Fuve the Ae+ive
f4- .mbmi4a! w e--- I .
RW'Z
-jftO"#M
Waik wilb RR!��,Idng- fmds. efai�ei, Es. neeesswy,
IST 61 The rccDmmcndcd_& tau board of
Counly Commissioners, L%�iti a public meeting. shall vDW on wheUter to approve all or P.'M of
the pr►poscd Active Acquisition List. Prauarticsa
)@y Ile_ &ddcd but any additional Dr-Q22=
MILM tZkbjSAtIO Ly the entire cvalu&tj-.MQpq&
Z, County Staff shall n V pm-yerty owtter., and the puWjE fimd a IM To cd fleet
.......
Ap ition L' 1 fM& QnY-6"kivas LW may be added ixg k-,-Miii
.-quisition 1, "1
"ditional -PFUPVA:e- 6etf4k,-t
After approval of the Active Acauisition List, �L Uetvicrs staff will arrange far
ipD3.j;als-&-At gie �gory agrcrl&� Tf��cctq and �w- ',VpXa1sgtjaTejm-gived make an �qffcr u) �b
!puerile) pursuant to the armroved *,pq vation Collier L -qui%iti[!n
_,,5cr- and Ap U4s _ o
liv L e
(Resolution Sin- 2of Use
Dis;Lrict "g-r-nding" isn+9 ate
cmViet-t ki_ uddifion.,d Transfer of
sti GUjpighi-s (TDR) c3rdits, as h1jecaftd in iLiq p nc n •
P!O-0,hase Pulicy, Resolution 2W3495, S"4s tt wLvd' the" R U� GBUER)' (�4
I_ --
wiP-dirm4 Once an otter is W Services staff wiLi 12M.are a
__—L st
regLest the ownez sign. This sigRc -Acd to the Land
_4
niTact yJ11. beprese
Cornmill—g. at
jq jtuidr-, b y majority vote. to MjT ='1
4 ;'ppE2+LLl (,if
the cnntract tai the §qa ki of Coutiv, CWn hiss ioner's- Along with th:;, , ngam., staff will ortividg-
wilac -pr--jqa4 a Proiccl Dcsign Report lor e;xh nugcA,prL� zt, inclujing
Ie,
F- blMly,MA purpose of prcjuut', and pTupram quUtif ic;Ltions.
u rctcc, m.-ndation from the Land AcQui.igj th-.�
con trace -"JpDi cct Dcsirn Rcmmt and I and , -4 Ovisur,- CornmineL r-:!cnrnrnenJ.,jjon will
A,.jqj1,ji-iurj Ad
tc, the uL a ruHir bea.-iril; f6r and
op"'ova-L
It— I --J A,
'11)Q float- of County Comrnirsioncrs authunty for a4af
Ae�i� tiory,
-@14' li-, wgmiali*4, oehuse for-
Opti(OF184 USe Fefil
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
am 4 Gaeffw, G-ElwMiRii-ORelf, Shall arrFave the contract terms for each proposed
project and shall authorize any and all purchases.
H. Once a rrmjM;j hag, hccDjppA)y wand
executed.. _by the Board of County Commissioners
in BccnTdance vtLqb C. ,pr tvp i 5, Real EsMe Services staff shall lgocced 12 cloy li the
SEC" C`ION 14 - Management p1mis and use of evvironmrnial1v sensitive land&:
1, No later than 16DJ ajaM_M days from the date of acquisition, an interim
martavement plan i5or any properly acquired shall be submitted by County stag' to the Land
Acquisition Advisory COMMiUCC for approval. Upon approval, the plan shall be submitted to the
Board of County Co=iissioncrs for final approval and shall be implemented by tkw County
MarLaGcr PUTsImnt to the Board's directiun. Any such interim management plan(s) shall not be
implemented for murc than two (2) ycars after acquisition of the property, prior to the expiration
of two P2] years, either a new nimiagcnient plan shall be implemented or. by affirmative action of
the Board, the interim plan shall continue.
2. A final mamgcment plan, with re uiTed review und updating every ten years, shall be
prepared, with review and input of the Land Acquisition Ad--IsM, Committee, for each property
acquired by Conscrvation Collier which sball:
(a) Mcmify such management activifies as am nectssar), to preserve, enhance, restore,
ODRSUVC, Mbitilain'. Or m(mitur the resource, as appropriate; and
(b) Identify such uses, as ure curtsistent with the preseTvatim enhancement, restoration,
conserva6un. and maintenance of the rcsourcc; and
(c) i.stimatc the amival cost-, of managing the project.
I C
I Annually, the ten -rear mankrcnicnt plam, prepared during the preceding, gear shall be
SLbInMtL� 10 cane 8aard of County Uornmissicincia for it,. jppioval, Each ten-year mzmagomeni
F-1-in shall b: up—Lilcd al lens, c'.v�,v Jive (ij yews fi-Orn the [wi-1 Jaie of Board approvat, and may
Lic tnnirznded Lie aften as rcuuirvd. Miarnauernent plLan updatc% und arncnnnicim shali be re%i-2-kv-,J
by the Land Acqui&inon Advkrory Conimilt�; ff�i 04--,ir inpul and rvk-orninendu6cins and then
I
to the Board of, C',3un*,-v Corturtissionurs fur uppmv.id.
4, AR rnanar=cnt plans shalt ky, consisttnt mith the pwpost:a sot forth heroin. AH
prapertics a:quired or ni =-apd through Consrrvalion Collier shall he managcd its accordance
xvith the approved ma-rmucrory plan for that
5. No use, infrastructure, of itnprovcninit shall b--ram° permitted on arty property acquired cir
ramped and Consc-vatiDn Collier that is imonsistent with the purposes of the program or that
is not pTovided by wt apprvN,-.d manuvcmom plan for the pro trey.
6. The Courny arill , wck cooperalive martagrnient arrangements a.%ith nthcr agmeics and
0
urtifics, in kc--ping with t1w. approved management plans and b- axis of Cvn,s m-ation Coltir,.
7, Purchasing land using Consmation CotHer pru�ram funds permanently eminguisEws all
if--vc1opment rigbts except thusc strictly compatib[c with the purposes and goals Of Conservation
Collier, unless Nuch landq are _cIgharteed Fm similar lands within anal
moi—ezts that have b.-cin prcyiousiv recommended Iry the (owscrvation Collier Land Aca Ltisiijon
J—njap;q—ordartco with
14
400low,&Wel
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FWC Contract No. 11071
grarn In cast of thcK [anAS&g�
Vu tan , devcjo n-�,Zh1Larj
St }o 13sosr,pruverties exchanSed oadsmy vy r, vnershiti.
0%
8, Public access is an important element of managcment and this Program. Examples of
permitted uses, subject to compatibility with specific Parcels, include- hiking, nature
pholography, bird watching, kayaking, ca ocing. swimming, hunting and fishing. The prograrn
will also make th-, acquired sites av"able, with minima: risk to the environmental inirl Hty of
The trite. to rducatc. Collier County's school-age ptipulafion and the general public about the
uniqueness and imponance of Collier Co=3"s subtropical ccomysicnis and natural commm tics,
SFC`•10S 15 - -Responsibilities of the County Manager.
The Couniy Mariager shall facilitutr such axti%itics, dcsignate such slAtT, and assign such
responsibilities as me. necessary to fulfill the purposes of this Qwjmck: 0
mith 4te appRwe4
ewer""J- Emd implimm,:K.
tie isi! o"& �amittee aft
ie deveiep ftelte4ioti
appmved 0eq,oist6ol, ff*B�00�5 F—i Effid W not ing-"
464-41-4im
Fdtliitifl-t le gfoeRneals and elosings, rds needod-47he4heg~batten ReFoBe ae
Gommit+ee 5wi iiloiuAe Me --eflE ihe
SON
Rvftvo ... -- --'R 111- 4-'E-Ri", 41*sffley'
SECTION I fi - Surmel of the Consen-ation Collier Ad Va Inrem I'a%-,
1. The Cansor.-,wtion Collin sp"ial tax rnzn= AU simsct alter 10 U111css
rca,.ahorizcd through similar vu,cr roleTendurn approval.
I•I'Ve Nttnapmenl Trust 1•und contin=s i1i perp,I.Ljtv. v, [onj: as C(irisci-N•ation
1:016 M111ain M r-0;111tV 1141rdS
4FCTION' I" , - Inclusion in the Cmnde-tiMiaws finti Ordingnce,,;
The provisicjis of ibis Ordinazzic-c whull bccornc and be mat a pwi of the Cudo of " La�vvs
anJ "Drdinances of Culliur Count),, Florida. The sce6omi of (Ile OrdivanLr may he remurthcrvdd, or
rc-]tutted ki accomnlish.suzlt. and the ix-oid "ordi,nartoe" ffijv b, chmn-ped to " -section," "anicle,'
OT rimy V111CI apprupriatc %wird.
SECTION is - C-unfliet and S"urabil-Ov,
In the event this Ordinance cunflicts with any athcr QTdinzuice ofCollitT County or other
4PPlicuble Low, the more, rcstniclive shall applv. If any phrase or portion of the Ordinance is held
invalid or unconstitutinnat by any court,,,f cjympetcntjur-Miction, such paition shaU bc- deemed a
se
separate, distinct and independent provision and such b(Adbij, shall nut aff—,cl the x-alidily of the
remaining porlim
SECTION 19 1)zte.-
1-his Drdinanoc shall take efficcl only upon the Passage of the No%.-cmbcr 5. 2002
referendum It v-
ying up to 0.25 irn [is ot'ad valorem taxes for a period of 1,--n (10) years to fund the
t3
I-Inc# rlirn ad6c4l: cshros faeted.
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9/13/2011 Item 16.E.12.
FWC Contract No.] 1071
acquisition of environmentally srnsitiw ian& and its icing filed wffli the Florida Departmcut of
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this Xrci kv of
1, 2007.
AtIcit:
DWIGHT E. BROCK, Clcrk-
At
Approved as io Form and Legal Sufficiency:
BOARD OF COUNTY COMMISISIONERS
COLLIER COUNTY, FLORIDA
J cnnifcr A. RCJpCd3 mistmt County AILDTncv
clpcd�
r'T-JF'nnnCt- filed wi-k 4w
1' S'°Itt's C"fizo the
C`f 4kk,—, IAA—
und al thc+
Wing rBCeived this -5—*" duy
1)
Lp**I-Ldded,
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9/13/2011 Item 16.E.12.
FWC Contract No. 11071
STATE OF FLORID&
COUXTY OF CCILIET,
1, DWIC14T E. BROCK, of Courts in and for the
TwtntieQ Judicial Circuity Collier County, Florida, do
hereip certify that the f0r*9009 is a true and orrect
copy of:
ORDINWRCE 2007-65
NhiuH was a&Pted by the Board of couqty COMmw=ionera
on the 23rd day of October, 2M, during Rugolar Seas;qn,
"-*N WITNESS my hand and ne official seal f the 3ward ci
County Comm"S''" Qf C011VIT QOunty, Ficrida, this MAR
daY of 0000ber, 2DO?
C
7;,d, C" f
�91
%pnoy Clerk
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FWC Contract No. 11071
EXHIBIT "E"
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9/13/2011 Item 16.E.12.
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
This Agreement is entered upon this day of — 1 2011, by
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns,
(hereinafter referred to as "COUNTY"), whose address is 3299 Tarniami Trail East, Naples, FL
34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND
WATER TRUST, INCORPORATED, a Florida non - profit corporation, (hereinafter
referred to as "TRUST-), whose address is 23998 Corkscrew Road, Estero, FL 33928.
WITNESSETH
WHEREAS, the COUNTY owns an undivided ninety-four point four (94.4%) percent
interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically
described in Exhibit "A" attached hereto and incorporated herein by reference ("Property): and
WNTIEREAS, the TRUST owns an undivided five point six (5.6%) percent interest of the
Property; and
WHEREAS. the COUNTY is required to manage the Property in perpetuity, as set forth
in Collier County Ordinance No.02-63. as amended.
NOW, THEREFORE. for good and valuable consideration. the COUNTY and the TRUST
herebN1 mutually avxrec:
1. That the TRUST authorises the COUNTY to unconditionally use its undix,ided fn,c point
six (5,6(,Io) Percent interest of the Propert% f'or the purposes of restoration and
mana2errient for the benefit ofpreserit and future t,onerations,
2. That the TRtITST' authorises the COUNTY to enter into a-rcerrients N,,,Ith other
,)o%,,ernmentaJ agencies in or 1 :71
Z�l der to implernent managernent activities outlined in the
Caracara Prairie Preserve Habitat Managernent Plan.
3. That all the terms herein contained run with the land and shall inure to the benefit of and
be binding upon the parties hereto and their respective executors, administrators. personal
representatives. heirs, successors, and assigns.
4. That CREW has no liability or responsibility for the management of the Property.
S. That CREW vrill not benefit in any way from the Property, nor assume the responsibility
for funding management of the Property,
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9/13/2011 Item 16.E.12.
IN WITNESS WITEREOF. the CO QTY has hereunto set its tinauthori7ed hand and seal as
of this date and year first above �Mnen.
ATTEIST:
DNA IGHT E. BROCK. CLERK.
. DEP1-7T1' CLERK
Approval or forin and legal Sufficil-MV1,
Jennfl�P'13, While
1t 4i�t<il,l (1'-'0Uj11y
rpro� s to fomi w J 4%!al su'
BOARD OF COUNTY COMMISSIONERS
OF CC)I-Lli,--'R COUNTY. FLORIDA
liv:
FRED W. COYLE. CHAIJ�MAN
V P, F 6 10 NA I - !-"COSYS-TEN-1
Al TI P � i i 1) I.AND 1) INV,A 'I'l I lZ S1
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9/13/2011 Item 16.E.12.
EXHIBIT A
PROPERTY'rAx IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (WI/2) OF SECTION 30, TOWNSHIP 46 SOUTH. RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA.
AN D
PROPERTY TAX IDENTIFICATION NUMBER: 000530802100
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NWI14) OF NORTHEAST QUARTER (NIEI/4) OF
SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER
COUNTY, FLORIDA.
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