Backup Documents 12/11-12/2012 Item #16A26 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 2 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP .
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to the BCC Office(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Stephen Lenberger GMD Planning & AZ 12/11/2012
Regulation/Natural
Resources Department
2.
3.
4.
court A-tfc,
01A-c t2-lit /1
5 Kristi Bartlett, Executive Aide to the Board of County
BCC Office Commissioners \-24 VL\\Z
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the
Executive Summary. Primary contact information is needed in the event one of the addressees above,including Kristi Bartlett,needs to contact staff for additional
or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to
approve the item.)
Name of Primary Staff Stephen Lenberger Phone Number 252-2915
Contact
Agenda Date Item was December 11,2012 Agenda Item Number 16.A.26
Approved by the BCC
Type of Document License Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip i Z
should be provided to the BCC office within 24 hours of BCC approval. Some documents
are time sensitive and require forwarding to Tallahassee within a certain time frame or the
BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 12/11/2012 (enter date)and all changes TI
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS a19 Q3.0 , vi 26. evisett7.2' 1
16A26
Ann P. Jennejohn
From: AshtonHeidi <HeidiAshton @colliergov.net>
Sent: Friday, December 14, 2012 2:58 PM
To: Lenberger, Steve; Lorenz,William
Cc: Ann P.Jennejohn; Bonham, Gail
Subject: RE: Barefoot Beach License Agreement (Item #16A26)
Steve,
Did the executive summary state that it would be recorded and provide an account number for billing? If not, then no, it
does not need to be recorded unless Barefoot or the Conservancy want to pay for the recording cost.
qeate Alatut-eCc4¢a
Heidi Ashton-Cicko
Managing Assistant County Attorney
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252-8400
From: LenbergerSteve
Sent: Friday, December 14, 2012 2:56 PM
To: AshtonHeidi; LorenzWilliam
Cc: Ann P. Jennejohn; BonhamGail
Subject: FW: Barefoot Beach License Agreement(Item #16A26)
Heidi/Bill! Can you answer Ann's question? I do not know the procedure.Thank you!
Stephen
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Friday, December 14, 2012 2:37 PM
To: LenbergerSteve
Subject: Barefoot Beach License Agreement(Item #16A26)
Hi Stephen,
Quick question for you.
Attached is a signed copy of License Agreement between the
Barefoot Beach Club COA, Inc., the Conservancy & the Board
that was approved this past Tuesday; do you want this agreement
recorded in the official records? I was going to go ahead and
do that, but I thought I'd better confirm it with you first.
Could you please let me know when you have a free minute?
Thank you!
Ann Jennejohn, Deputy Clerk
1
GRANT
FRID_KIN m
PEARSON
ATTORNEYS AND
COUNSELORS AT LAW
January 2, 2013
Heidi Ashton - Cicko, Esq.
Managing Assistant County Attorney
3299 Tamiami Trail East, Ste. 800
Naples, FL 34112
16 A26
CHARLES C. WHITTINGTON
Attorney at Law
239.514.1000 Ext. 2016
cwhittington@gfpac.com
Re: The Conservancy of Southwest Florida, Inc. / Barefoot Beach Club Condominium Owners
AssCClation, Inc.
Dear Ms. Ashton - Cicko:
Per Mr. Whittington's email of January 2, 2013, enclosed please find The Conservancy of Southwest
Florida, Inc.'s original signature page to the License Agreement. Please likewise provide our office
with an original signature page executed by the County.
Should you have any questions, please do not hesitate to contact us.
Thank you.
Very tr 'y yours,
Lynn Kinder —Assistant to
Charles C. Whittington
Ik
Enclosure
GRANT FRIDKIN PEARSON, PA. E 51 Ridgewood Drive, Suite 501, Naples, Florida 34108 1 T 239.514.1000 F 239.514.0377 1 www.gfpac.corn
SUNDSTROM,
FRIEDMAN & FUMERO, LLP
A t t o r n e y s I C o u n s e I o r s
Heidi Ashton - Cicko, Esquire
Collier County
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
16A26
January 7, 2013
950 PENINSULA CORPORATE CIRCLE
SUITE 2020
BOCA RATON, FL 33487
RE: The Conservancy of Southwest Florida, Inc. /
Barefoot Beach Club Condominium Owners Association, Inc.
Dear Ms. Ashton - Cicko,
PHONE (561) 982 -7114
FAX (561) 982 -7116
www.sfflaw.com
Enclosed please find the original fully executed signature page to the License Agreement.
Should you have any questions or require any additional information, please do not hesitate to
contact us.
TFM/bt
Enclosure
Sincerel
L
Thomas F.
BOCA RATON & LAKE MARY 0 TALLAHASSEE
SUNDSTROM, 7700 CONGRESS AVENUE
SUITE 2201
FRIEDMAN & FUMERO, LLP BOCA RATON,FL 33487
Attorneys I Counselors PHONE(561)982-7114
FAX(561)982-7116
www.sfflaw.com
April 8, 2012
Martha Vergara, Deputy Clerk
Minutes and Records Department
3299 Tamiami Trail East
Suite 401
Naples, FL 34112
Re: Barefoot Beach Club Condominium Owners Association,Inc.
Dear Martha:
Enclosed please find a check in the amount of $112.00, made payable to Dwight E.
Brock, Clerk, which represents the fee to record the License Agreement between Barefoot Beach
Club Condominium Owners Association, Inc., and Board of County Commissioners of Collier
County, Florida. After the document has been recorded, can you please forward a copy of the
recorded instrument to me via email (mwashington @sfflaw.com)?
If you should have any questions or concerns, please do not hesitate to contact me.
Sincerely,
k.
'V1 • Imo! 11-1111 - _ X Cpl
Missy M. Washington, FRP
Florida Registered Paralegal
BOCA RATON • LAKE MARY • TALLAHASSEE
16 A26
Return to:
Name:
Address:
This Instrument Prepared by:
Thomas F. Mullin, Esquire
Sundstrom, Friedman& Fumero,
LLP
950 Peninsula Corporate Circle
Suite 2020
Boca Raton, FL 33487
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
LICENSE AGREEMENT
This LICENSE AGREEMENT (hereinafter referred to as the "License") is made this
1141 day of d ", 2012, by and between BAREFOOT BEACH CLUB
CONDOMINIUM OWNERS ASSOCIATION, INC., a Florida non-profit corporation
("BAREFOOT"), whose principal address is 259 Barefoot Beach Blvd., Bonita Springs, Florida
34134, the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (the "COUNTY"), whose principal address is 3299
Tamiami Trail E, Suite 303 Naples, FL 34112, and The Conservancy of Southwest Florida, Inc.,
a Florida non-profit corporation ("CONSERVANCY"), whose principal address is 1450
Merrihue Drive,Naples, Florida 34102. BAREFOOT,the COUNTY, and the CONSERVANCY
may at times be referred to as a"Party" or collectively as the "Parties".
Rev. 10/22/12 1 of 9
16A26
WITNES SETH
WHEREAS, the COUNTY is the owner of certain real property located in Collier
County, Florida, more specifically described in Exhibit"1" (the "County Property");
WHEREAS, BAREFOOT is the owner of certain real property directly abutting the
County Property, more specifically described in Exhibit"2" (the "Barefoot Property");
WHEREAS, the CONSERVANCY is a publicly supported, tax exempt, non-profit
organization qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code, whose
primary purposes include the preservation, protection, and enhancement of the natural resources
and ecological values of land and its natural and/or open space condition;
WHEREAS, BAREFOOT and the CONSERVANCY intend to perform an environmental
study for researching and evaluating whether perpetual mangrove trimming will cause significant
adverse impacts to the existing mangrove forest located on the Barefoot Property and the County
Property (the "Environmental Study").
WHEREAS, BAREFOOT and the CONSERVANCY seek the COUNTY's authorization
to perform the Environmental Study and related mangrove trimming, management, and
monitoring activities on the County Property, pursuant to the Environmental Study Agreement
dated October 8, 2012 between BAREFOOT and the CONSERVANCY;
WHEREAS, in recognition of said Environmental Study Agreement, and BAREFOOT's
need to conform with Florida Department of Environmental Protection Mangrove Trimming
General Permit No. 11-0209794-001-MA05 (the "Permit"), the COUNTY desires to grant to
BAREFOOT and the CONSERVANCY a license to perform the Environmental Study and
related mangrove trimming, management, and monitoring activities.
Rev. 10/22/12 2 of 9
16A26
I
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties intending to be mutually bound, hereby agree as follows:
1. Recitals; Exhibits. The above recitals are true and correct and, along with all
exhibits attached hereto, are incorporated herein by this reference.
2. Grant of License to BAREFOOT. The COUNTY hereby grants to BAREFOOT,
and its successors and assigns, a license, over, under, across and through the County Property for
the limited purpose of performing periodic trimming, management, and monitoring of the native
and exotic vegetation, including mangrove trees and mangrove fringe areas, together with
associated rights of pedestrian ingress and egress only as may be reasonably necessary to
perform such trimming, management, and monitoring. Trimming shall be conducted by
BAREFOOT as limited by the attached Exhibit "3." In conjunction therewith, BAREFOOT
shall perform periodic maintenance, including, but not be limited to, the removal of exotic
vegetative species within the County Property and the removal of any debris or trash material on
the County Property at the time of performing the periodic trimming.
3. Grant of License to the CONSERVANCY. The COUNTY hereby grants to the
CONSERVANCY and its successors and assigns, a license to enter upon the County Property for
the limited purpose of performing periodic monitoring activities, together with associated rights
of pedestrian ingress and egress only as may be reasonably necessary to perform such
monitoring. The Parties hereby agree that the COUNTY shall not be responsible for any costs
associated with such trimming, management, and monitoring.
4. Permits. BAREFOOT is responsible for obtaining, at no cost or expense to the
COUNTY, all federal and state permits and approvals necessary or appropriate to conduct the
Rev. 10/22/12 3 of 9
16A26
proposed trimming, management, monitoring, and maintenance activities within the County
Property. The use by BAREFOOT, and its employees, agents, contractors, representatives, or
invitees, of the County Property, shall, at all times, comply with all applicable federal, state and
local laws, rules, regulations, orders and requirements. The Parties agree that the rights hereby
granted by this License shall be sufficient to satisfy the riparian rights requirements necessary for
BAREFOOT to conform with the requirements and conditions of the Permit.
5. Responsibility for Fines. Should BAREFOOT's activities on the County
Property, whether intentionally or negligently, violate any lawful and applicable governmental
entities' permits, requirements, rules, acts, orders, regulations and restrictions, BAREFOOT shall
be responsible for full payment of any fines, fees, charges, or penalties resulting therefrom.
6. Indemnification. BAREFOOT does hereby agree to indemnify, defend and hold
the COUNTY harmless from and against any and all liability, claims, damages, costs and
expenses arising in connection with personal injury, property damage, liens or violations of any
Permits or other governmental laws, rules or regulations, suffered or occurring as a result of
BAREFOOT's activities or the CONSERVANCY's activities within the County Property,
whether conducted by BAREFOOT, the CONSERVANCY, or their employees, agents,
contractors, representatives or invitees. Said indemnification and hold harmless shall include but
not be limited to fines, fees, charges, penalties and any and all injuries sustained by persons or
property that may be incurred due to BAREFOOT's action or inaction under this License,
including but not limited to, misfeasance, malfeasance, nonfeasance, negligence or failure to
carry out the terms and conditions of this License, as well as the responsibilities and related
duties assumed herein by BAREFOOT. This indemnification shall include attorneys' fees and
costs pre-suit and at the local and appellate court levels.
Rev. 10/22/12 4 of 9
16x26
7. Sovereign Immunity. Nothing herein shall constitute waiver of any immunity
enjoyed by the COUNTY under its sovereign authority.
8. Amendment; Waiver. This License may only be assigned, amended, or modified
by an instrument executed by the COUNTY, BAREFOOT, and the CONSERVANCY. No
waiver of any provision hereof shall be effective unless done so in writing signed by the party
entitled to enforce such matter, nor shall any single waiver constitute a waiver of any subsequent
obligation.
9. Duration. This License shall automatically expire ten (10) years from the date
approved and executed by the COUNTY. The duration may be extended by written amendment.
10. Termination. The COUNTY maintains the discretion to terminate this License at
any time, with or without cause, immediately upon written notice to BAREFOOT and the
CONSERVANCY, after a duly noticed public hearing. Notice does not mean the placement of
an advertisement in a newspaper.
11. Enforcement. Enforcement of the terms, provisions and restrictions of this
License shall be at the reasonable discretion of the Parties, and any forbearance on behalf of a
Party to exercise its rights hereunder in the event of any breach hereof by the other Party shall
not be deemed or construed to be a waiver of the non-breaching Party's rights hereunder. The
Parties may enforce the terms and conditions of this License by injunctive relief and other
appropriate available remedies. The Parties agree that venue of such enforcement actions shall
lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida.
Rev. 10/22/12 5 of 9
16A26
12. Counterparts. This License may be executed in two or more separate
counterparts, each of which shall be deemed an original, and all of which when taken together,
shall constitute one and the same instrument.
13. No Third Party Beneficiaries. No person or entity shall be deemed a beneficiary
of the terms of this License, unless specifically provided for herein. This License shall not
constitute dedications to the public, and no member of the public shall have any rights hereunder.
14. Assignment. This License is not assignable.
15. Notices. Any notices to be delivered pursuant to this License shall be delivered to
the parties at the addresses set forth in the preamble hereof. A Party may change its address for
notice purposes by delivering written notice thereof to the other party. Notices required by this
License shall be effective if delivered by hand, overnight courier service, facsimile, or U.S. Mail,
postage prepaid. Notices shall be deemed received within five (5) days of deposit in the mail if
sent by U.S. Mail, upon receipt by the sender of an electronic confirmation if sent by facsimile,
upon delivery if hand delivered, and one (1) business day after deposit with any overnight
courier service if sent in such manner.
IN WITNESS WHEREOF, the undersigned have signed and sealed this document as of
the day and year hereinafter set forth.
Rev. 10/22/12 6 of 9
16A26
EXECUTED by BAREFOOT this 13 day of N ay e 2012.
Witnesses:
Print Name:
BAREFOOT BEACH CLUB CONDOMINIUM
OWNERS ASSOCIATION, INC., a
Florida non -profit corporation
By:
Print Name: ri, eU
Print Name: �C Tillie: Ores. f-e4o4r IZr.0 x� C OFl
STATE OF FLORIDA
SS
COUNTY OF COLLIER
[CORPORATE SEAL]
i �--i� -1 f� %les the
, �f PSG
Before me personally appeared d
of BAREFOOT BEACH CLUB CONDOMP41UM OWNERS ASSOCIATION,
INC., who isTgs9 �to me or who produced
as identification, and acknowledged to and before me that (s)he executed said instrument for the
purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid this �` d
r of
�ic v e tv, V-)C- C , 2012.
.........r.....®,.
DAVID
,; ' M. WN
46 r_ W COMMISSION # EE 06517E 3
EXPIRES: April 3, 2015
Bonded Tt ru Notary Public Und Mi!rMa
Notary Public, State of Florida
Rev. 10/22/12 7 of 9
16 A26
EXECUTED by the CONSERVANCY this day of 10��
2012.
Witnesses: THE CONSERVANCY OF SOUTHWEST
FLORIDA, INC., a Florida non -profit corporation
Print Name:_ P*B e g- C- P-0016 S
By: l
Print Nano: N re t y A# F 64)-a,(, 4)-a ,
Titlo: C F-- 0
[CORPORATE SEAL]
STATE OF FLORIDA )
SS
COUNTY OF COLLIER )
Before me personally appeared (\�(e kk � t hk..the
of THE CONSERVAN Y OF SOUTHWEST FLORIDA, INC., who is
personally known to me or who produced as
identification, and acknowledged to and before me that (s)he executed said instrument for the
purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid this 2,�?�' day of
2012.
KATHLEEN P. ADAMS c
MY COMMISSION A DD 940461 Notary Public, State of Florida
EXPIRES: November 27, 2013
n M."x:
Bonded Thru Budget Notary Services
Rev. 10/22/12 8 of 9
16 A26
Accepted by COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
L_r_
Cr' Clerk FRED W. COYLE, Chai 4l an
i
Approved as to form and legal sufficiency:
By: (Jo N i.
eidi Ashton-Cicko
Managing Assistant County Attorney
CP\l 0-ENS-00432\67
Rev. 10/22/12 9 of 9
16 A2 •
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— – — Edge of Mangrove Area ,\ :W'
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— -- — Property Boundary the
_ County Property-No Mangrove Trimming •, )
R$01$14 Mangrove Trimming within •
■VR4ti County Property
1
PERMIT USE ONLY,
NOT FOR CONSTRUCTION
November 08, 2012 2:12:37 p.m.
Drawing: BBCA1 EXHIBIT 1.DWG
Exhibit t W. DEXTER BENDER
& ASSOCIATES, INC.
CountProperty ENVIRONMENTAL & MARINE CONSULTING
Y P Y FORT MYERS, FL (239) 334-3680
16A26
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— – — Edge of Mangrove Area , , jso 1
—--— Property Boundary Line ' /.
\�\ Barefoot Property •` )
S
F -V'aI�% Mangrove Trimming within •
`
I; ' Barefoot Property \ ‘:
PERMIT USE ONLY,
NOT FOR CONSTRUCTION
November 08, 2012 2:12:37 p.m.
Drawing: BBCA1 EXHIBIT 1.DWG
Exhibit 2 W. DEXTER BENDER ��`
Bc ASS O CIA TES, INC.
Barefoot Property ENVIRONMENTAL MARINE CONSULTING ��1
1 FORT MYERS, FL (239) 334-3680
16426
EXHIBIT`S'
Limitations on Trimming and Management
1. Staking and Notice. Prior to trimming, Barefoot will clearly delineate, by staking and
flagging, the boundaries of the trimming areas within the Mangrove Forest. Collier
County Code Enforcement Department shall be notified at least two weeks prior to any
trimming. The County may request to be present during trimming.
2. Shoreline Trimming. The trimming will not extend more than 500 feet waterward as
measured from the trunk of the most landward mangrove tree in a direction perpendicular
from the buildings to the shoreline. Trimming will occur in the riparian mangrove fringe
of the Mangrove Forest. Barefoot will trim no more than 115,097 square feet, or 2.64
acres.
3. Height Trimming.
a. Black and White Mangroves
Black and white mangroves shall be trimmed to a height of no less than 20 feet. The
height shall be measured at the base of the tree to the top of the canopy prior to
trimming using a 20-foot measuring rod to verify the minimum trim height.
Trimming of black and white mangroves will include topping and/or lateral limb
removal.
b. Red Mangroves
No trimming will occur from the base of the tree to a height of 20 feet; however,
Barefoot may laterally trim red mangroves above the height of 20 feet. The height
shall be measured at the base of the tree to the top of the canopy prior to trimming
using a measuring rod to verify the minimum lateral trim height of 20 feet.
c. Trimming Schedule
No more than 25% of the foliage of the mangroves in the mangrove forest may be
trimmed each year. If the mangroves exhibit signs of significant stress, no
maintenance trimming of the mangroves shall be performed until such time as it is
determined that the mangroves have recovered from the prior trimming activities.
4. Access. Access to the proposed trimming areas will be on foot only. No vehicles or
heavy machinery will be used or stored in the Mangrove Forest. Trimming will be
conducted by utilizing ladders and hand held equipment only. No climbing spurs or
spikes will be used. All cut material greater than'3n diameter will be removed by hand to
an upland location for disposal. All other cuttings including leaves and twigs smaller
than'/,'tin diameter will be left in place to rejuvenate the soil. No herbicide or other
chemical will be used for the purpose of removing leaves or limbs of a mangrove.
Rev. 11/01/12 Page 1 of2
_ 16A26
5. Trimming of Non-Mangrove Native Tree Species.
Non-mangrove native trees, including buttonwood, cabbage palm, seagrape and strangler
fig, shall be trimmed utilizing ANSI 300 trimming standards as a best management
practice. For cabbage palms exceeding 20 feet in height, trimming shall be limited to the
pruning of dead, or chlorotic, downward hanging fronds only (i.e., no trimming above the
9 o'clock and 3 o'clock positions) and no removal of green fronds.
6. Exotic and Invasive Species Removal.
Barefoot shall conduct annual exotic and invasive species removal within the Mangrove
Forest. Removal of exotics and nuisance vegetation (vines in particular) will take place
prior to the initial and any subsequent mangrove trimming.
Non-native, exotic and nuisance plants shall be killed in a manner consistent with current
exotic vegetation treatment practices while reducing non-target damage to the maximum
extent practicable. This may consist of hand clearing and "kill in place" methods. Large
individual non-native trees (greater than 4" dbh) may be positioned in place. Cut stumps
will be treated with an approved herbicide containing a visual tracer dye. All use of
herbicides shall be applied by a licensed herbicide applicator in compliance with all
labeling requirements.
7. Debris Removal.
Barefoot shall perform monthly removal of debris within the Mangrove Forest as part of
its regular maintenance activities.
Rev. 10/22/12 Page 2 of 2
16A26
Return to: INSTR 4823800 02O13 253 PM PAGES 13 T COURT
RECORDED CI—
COLLIER OF THE cS I
Name: DWGHT E. BROCK
COLLIER COUNTY FLORIDA
Address: REC$112.00
This Instrument Prepared by:
Thomas F. Mullin, Esquire
Sundstrom, Friedman& Fumero,
LLP
950 Peninsula Corporate Circle
Suite 2020
Boca Raton, FL 33487
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
LICENSE AGREEMENT
This LICENSE AGREEMENT (hereinafter referred to as the "License") is made this
day of Dcu,„? , 2012, by and between BAREFOOT BEACH CLUB
CONDOMINIUM OWNERS ASSOCIATION, INC., a Florida non-profit corporation
("BAREFOOT"), whose principal address is 259 Barefoot Beach Blvd., Bonita Springs, Florida
34134, the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (the "COUNTY"), whose principal address is 3299
Tamiami Trail E, Suite 303 Naples, FL 34112, and The Conservancy of Southwest Florida, Inc.,
a Florida non-profit corporation ("CONSERVANCY"), whose principal address is 1450
Merrihue Drive,Naples, Florida 34102. BAREFOOT, the COUNTY, and the CONSERVANCY
may at times be referred to as a"Party" or collectively as the"Parties".
Rev. 10/22/12 1 of 9
16A26
WITNESSETH
WHEREAS, the COUNTY is the owner of certain real property located in Collier
County, Florida, more specifically described in Exhibit "1" (the "County Property");
WHEREAS, BAREFOOT is the owner of certain real property directly abutting the
County Property, more specifically described in Exhibit "2" (the "Barefoot Property");
WHEREAS, the CONSERVANCY is a publicly supported, tax exempt, non-profit
organization qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code, whose
primary purposes include the preservation, protection, and enhancement of the natural resources
and ecological values of land and its natural and/or open space condition;
WHEREAS, BAREFOOT and the CONSERVANCY intend to perform an environmental
study for researching and evaluating whether perpetual mangrove trimming will cause significant
adverse impacts to the existing mangrove forest located on the Barefoot Property and the County
Property (the "Environmental Study").
WHEREAS, BAREFOOT and the CONSERVANCY seek the COUNTY's authorization
to perform the Environmental Study and related mangrove trimming, management, and
monitoring activities on the County Property, pursuant to the Environmental Study Agreement
dated October 8, 2012 between BAREFOOT and the CONSERVANCY;
WHEREAS, in recognition of said Environmental Study Agreement, and BAREFOOT's
need to conform with Florida Department of Environmental Protection Mangrove Trimming
General Permit No. 11-0209794-001-MA05 (the "Permit"), the COUNTY desires to grant to
BAREFOOT and the CONSERVANCY a license to perform the Environmental Study and
related mangrove trimming, management, and monitoring activities.
Rev. 10/22/12 2 of 9
16A26
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties intending to be mutually bound, hereby agree as follows:
1. Recitals; Exhibits. The above recitals are true and correct and, along with all
exhibits attached hereto, are incorporated herein by this reference.
2. Grant of License to BAREFOOT. The COUNTY hereby grants to BAREFOOT,
and its successors and assigns, a license, over, under, across and through the County Property for
the limited purpose of performing periodic trimming, management, and monitoring of the native
and exotic vegetation, including mangrove trees and mangrove fringe areas, together with
associated rights of pedestrian ingress and egress only as may be reasonably necessary to
perform such trimming, management, and monitoring. Trimming shall be conducted by
BAREFOOT as limited by the attached Exhibit "3." In conjunction therewith, BAREFOOT
shall perform periodic maintenance, including, but not be limited to, the removal of exotic
vegetative species within the County Property and the removal of any debris or trash material on
the County Property at the time of performing the periodic trimming.
3. Grant of License to the CONSERVANCY. The COUNTY hereby grants to the
CONSERVANCY and its successors and assigns, a license to enter upon the County Property for
the limited purpose of performing periodic monitoring activities, together with associated rights
of pedestrian ingress and egress only as may be reasonably necessary to perform such
monitoring. The Parties hereby agree that the COUNTY shall not be responsible for any costs
associated with such trimming, management, and monitoring.
4. Permits. BAREFOOT is responsible for obtaining, at no cost or expense to the
COUNTY, all federal and state permits and approvals necessary or appropriate to conduct the
Rev. 10/22/12 3 of 9
16A26
proposed trimming, management, monitoring, and maintenance activities within the County
Property. The use by BAREFOOT, and its employees, agents, contractors, representatives, or
invitees, of the County Property, shall, at all times, comply with all applicable federal, state and
local laws, rules, regulations, orders and requirements. The Parties agree that the rights hereby
granted by this License shall be sufficient to satisfy the riparian rights requirements necessary for
BAREFOOT to conform with the requirements and conditions of the Permit.
5. Responsibility for Fines. Should BAREFOOT's activities on the County
Property, whether intentionally or negligently, violate any lawful and applicable governmental
entities' permits, requirements, rules, acts, orders, regulations and restrictions, BAREFOOT shall
be responsible for full payment of any fines, fees, charges, or penalties resulting therefrom.
6. Indemnification. BAREFOOT does hereby agree to indemnify, defend and hold
the COUNTY harmless from and against any and all liability, claims, damages, costs and
expenses arising in connection with personal injury, property damage, liens or violations of any
Permits or other governmental laws, rules or regulations, suffered or occurring as a result of
BAREFOOT's activities or the CONSERVANCY's activities within the County Property,
whether conducted by BAREFOOT, the CONSERVANCY, or their employees, agents,
contractors, representatives or invitees. Said indemnification and hold harmless shall include but
not be limited to fines, fees, charges, penalties and any and all injuries sustained by persons or
property that may be incurred due to BAREFOOT's action or inaction under this License,
including but not limited to, misfeasance, malfeasance, nonfeasance, negligence or failure to
carry out the terms and conditions of this License, as well as the responsibilities and related
duties assumed herein by BAREFOOT. This indemnification shall include attorneys' fees and
costs pre-suit and at the local and appellate court levels.
Rev. 10/22/12 4 of 9
16A26
7. Sovereign Immunity. Nothing herein shall constitute waiver of any immunity
enjoyed by the COUNTY under its sovereign authority.
8. Amendment; Waiver. This License may only be assigned, amended, or modified
by an instrument executed by the COUNTY, BAREFOOT, and the CONSERVANCY. No
waiver of any provision hereof shall be effective unless done so in writing signed by the party
entitled to enforce such matter, nor shall any single waiver constitute a waiver of any subsequent
obligation.
9. Duration. This License shall automatically expire ten (10) years from the date
approved and executed by the COUNTY. The duration may be extended by written amendment.
10. Termination. The COUNTY maintains the discretion to terminate this License at
any time, with or without cause, immediately upon written notice to BAREFOOT and the
CONSERVANCY, after a duly noticed public hearing. Notice does not mean the placement of
an advertisement in a newspaper.
11. Enforcement. Enforcement of the terms, provisions and restrictions of this
License shall be at the reasonable discretion of the Parties, and any forbearance on behalf of a
Party to exercise its rights hereunder in the event of any breach hereof by the other Party shall
not be deemed or construed to be a waiver of the non-breaching Party's rights hereunder. The
Parties may enforce the terms and conditions of this License by injunctive relief and other
appropriate available remedies. The Parties agree that venue of such enforcement actions shall
lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida.
Rev. 10/22/12 5 of 9
16A26
12. Counterparts. This License may be executed in two or more separate
counterparts, each of which shall be deemed an original, and all of which when taken together,
shall constitute one and the same instrument.
13. No Third Party Beneficiaries. No person or entity shall be deemed a beneficiary
of the terms of this License, unless specifically provided for herein. This License shall not
constitute dedications to the public, and no member of the public shall have any rights hereunder.
14. Assignment. This License is not assignable.
15. Notices. Any notices to be delivered pursuant to this License shall be delivered to
the parties at the addresses set forth in the preamble hereof. A Party may change its address for
notice purposes by delivering written notice thereof to the other party. Notices required by this
License shall be effective if delivered by hand, overnight courier service, facsimile, or U.S. Mail,
postage prepaid. Notices shall be deemed received within five (5) days of deposit in the mail if
sent by U.S. Mail, upon receipt by the sender of an electronic confirmation if sent by facsimile,
upon delivery if hand delivered, and one (1) business day after deposit with any overnight
courier service if sent in such manner.
IN WITNESS WHEREOF, the undersigned have signed and sealed this document as of
the day and year hereinafter set forth.
Rev. 10/22/12 6 of 9
16A26
EXECUTED by BAREFOOT this 13 day of Nev e ,,,,, c ,2012.
Witnesses: BAREFOOT BEACH CLUB CONDOMINIUM
OWNERS ASSOCIATION, INC., a
Florida non-profit corporation
v.,* )4
Print Name: V I L.t 1 f\ u i .L t S
By:
/ Print Name: eo(-t' t'tC C2cx'1E?
Print Name: Title: I e: fe.y . 7g -€4C/4 le( C OA
('0.� �
[CORPORATE SEAL]
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
CAY9 �--��I�' fry ��� ,the Before me personally appeared e ASSOCIATION,
, of B FOOT BEACH CLUBtONDOMINIUM OWNERS
INC.,who i rsonaliy_kno_wmvto me or who produced
as identification, and acknowledged to and before me that(s)he executed said instrument for the
purposes therein expressed.
WITNESS my
hand and official seal in the State and County aforesaid this i 3 j of
,2012.
2.0.iwvva. _
"Kr"Kik DEANNAM.DAVIDSON j Notary Public, State of Florida
;,. !•■ ;,r MY COMMISSION#EE 06517 3
%a..r,1,-3= EXPIRES:April 3,2015 't
• Rf •' Bonded Thru Notary Public Under ,ri,r
Rev. 10/22/12 7 of 9
16A26
EXECUTED by the CONSERVANCY this day of mA �N-- ,
2012.
Witnesses: THE CONSERVANCY OF SOUTHWEST
FLORIDA, INC.,a Florida non-profit corporation
Print Name: P11,16, 2_ C(LUOV S
rI By:
ll�
9 / h re Gv / f he
/ Print Name: ���
Print Name: N 7itic: CC—0
L),
[CORPORATE SEAL]
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
Before me personally appeared c' ‘\&f_e_k,11. k\1L 1lt .1 ht,.the C-
of THE CONSERVAN Y OF SOUTHWEST FLORIDA, INC., who is
personally known to me or who produced as
identification, and acknowledged to and before me that (s)he executed said instrument for the
purposes therein expressed.
WI ESS my hand and official seal in the State and County aforesaid this�, '` day of
,2012.
ro'3`v.°Le� KATHLEEN P.ADAMS f `
t_� * MY COMMISSION#DD 940461 Notary Public, State of Florida
um' EXPIRES:November 27,2013
'TFOC ,s`) Bonded Thru Budget Notary Services
Rev. 10/22/12 8 of 9
16A26 I
Accepted by COUNTY:
ATTEST: dr, BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By.. L AA■ . L , ' ♦ C - By 114LU\i
, c"' ' clerk FRED W. COYLE, Chai an&
Mat r
Approved as to form and legal sufficiency:
cfp �LBy: �� 1,v
eidi Ashton-Cicko
Managing Assistant County Attorney
CP\10-ENS-00432\67
III
Rev. 10/22/12 9 of 9
16A26
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November r08, 2012 2:12:37 p.m.
Drawing: BBCA1 EXHIBIT 1.DWG
Exhibit 1
County Property W. DEXTER BENDER
�& ASSOCIATES, INC. `
ENfIRONMENTAL & MARINE CONSULTING ��
FORT MYERS,, FL (239) 334-3680
16x26 '
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PERMIT USE ONLY,
NOT FOR CONSTRUCTION
November 08, 2012 2:12:37 p.m.
Drawing: BBCA1 EXHIBIT 1.DWG
Exhibit 2 W. DEXTER BENDER ��
& ASSOCIATES, INC.
Barefoot Property ENVIRONMENTAL MARINE CONSULTING !�
P Y FORT MYERS, FL (.239) 334-3680
Is
16A264
EXHIBIT"3'
Limitations on Trimming and Management
1. Staking and Notice. Prior to trimming, Barefoot will clearly delineate, by staking and
flagging, the boundaries of the trimming areas within the Mangrove Forest. Collier
County Code Enforcement Department shall be notified at least two weeks prior to any
trimming. The County may request to be present during trimming.
2. Shoreline Trimming. The trimming will not extend more than 500 feet waterward as
measured from the trunk of the most landward mangrove tree in a direction perpendicular
from the buildings to the shoreline. Trimming will occur in the riparian mangrove fringe
of the Mangrove Forest. Barefoot will trim no more than 115,097 square feet, or 2.64
acres.
3. Height Trimming_
a. Black and White Mangroves
Black and white mangroves shall be trimmed to a height of no less than 20 feet. The
height shall be measured at the base of the tree to the top of the canopy prior to
trimming using a 20-foot measuring rod to verify the minimum trim height.
Trimming of black and white mangroves will include topping and/or lateral limb
removal.
b. Red Mangroves
No trimming will occur from the base of the tree to a height of 20 feet; however,
Barefoot may laterally trim red mangroves above the height of 20 feet. The height
shall be measured at the base of the tree to the top of the canopy prior to trimming
using a measuring rod to verify the minimum lateral trim height of 20 feet.
c. Trimming Schedule
No more than 25% of the foliage of the mangroves in the mangrove forest may be
trimmed each year. If the mangroves exhibit signs of significant stress, no
maintenance trimming of the mangroves shall be performed until such time as it is
determined that the mangroves have recovered from the prior trimming activities.
4. Access. Access to the proposed trimming areas will be on foot only. No vehicles or
heavy machinery will be used or stored in the Mangrove Forest. Trimming will be
conducted by utilizing ladders and hand held equipment only. No climbing spurs or
spikes will be used. All cut material greater than'2n diameter will be removed by hand to
an upland location for disposal. All other cuttings including leaves and twigs smaller
than172 in diameter will be left in place to rejuvenate the soil. No herbicide or other
chemical will be used for the purpose of removing leaves or limbs of a mangrove.
Rev. 11/01/12 Page 1 of2
16A26 4
5. Trimming of Non-Mangrove Native Tree Species.
Non-mangrove native trees, including buttonwood, cabbage palm, seagrape and strangler
fig, shall be trimmed utilizing ANSI 300 trimming standards as a best management
practice. For cabbage palms exceeding 20 feet in height, trimming shall be limited to the
pruning of dead, or chlorotic, downward hanging fronds only (i.e., no trimming above the
9 o'clock and 3 o'clock positions) and no removal of green fronds.
6. Exotic and Invasive Species Removal.
Barefoot shall conduct annual exotic and invasive species removal within the Mangrove
Forest. Removal of exotics and nuisance vegetation (vines in particular) will take place
prior to the initial and any subsequent mangrove trimming.
Non-native, exotic and nuisance plants shall be killed in a manner consistent with current
exotic vegetation treatment practices while reducing non-target damage to the maximum
extent practicable. This may consist of hand clearing and "kill in place" methods. Large
individual non-native trees (greater than 4" dbh) may be positioned in place. Cut stumps
will be treated with an approved herbicide containing a visual tracer dye. All use of
herbicides shall be applied by a licensed herbicide applicator in compliance with all
labeling requirements.
7. Debris Removal.
Barefoot shall perform monthly removal of debris within the Mangrove Forest as part of
its regular maintenance activities.
Rev. 10/22/12 Page 2 of 2