Backup Documents 09/13-14/2011 Item #16E1216E12
ORIGINAL. DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(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 #I through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(Lot in routing order
Office
Initials
Date
1.
a riate.
(Initial)
2.
September 13, 2011
Agenda Item Number
16E12
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jennifer White, Assistant County
Attorney
County Attorney's Office
aQjVV
I I
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
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 Sue Filson, need 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
Melissa Hennig
Phone Number
252 -2957
Contact
a riate.
(Initial)
Agenda Date Item was
September 13, 2011
Agenda Item Number
16E12
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Interlocal Agreements
I
Number of Original
14
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
M
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a riate.
(Initial)
1.
Original document has been signed/mitialed for legal sufficiency. (All documents to be
_Applicable)
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
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
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
hil
time frame or the BCC's actions are nullified. Be aware of your deadlines!
M
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
16E12
MEMORANDUM
Date: September 21, 2011
To: Melissa Hennig, Environmental Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement with Florida's Fish and Wildlife
Conservation Commission and with Corkscrew Regional
Ecosystem Watershed Land and Water Trust to facilitate
public hunting at Caracara Prairie Preserve
Attached for further processing are two (2) original copies of the document
referenced above, (Item #16E12) approved by the Board of County
Commissioners on September 13, 2011.
After further processing, please return one of the original executed documents
to this office so it may be kept for the Board's Official Record.
If you have any questions please call me at 252 -8406.
Thank you.
Attachments
16E12
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 n �3, 20 11 , between the Collier County Board
of County Commissioners (COUNNTV') and the Florida Fish and Wildlife
Commission (COMMISSION). Conservation
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
FWC Contract No1`6E 12
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
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 permitting 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.
2
FWC Contract No. 11071
8. 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
3
16E1<
FWC Contract No. 11071
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
permits 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 terms 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
4
FWC Contract No. 11071
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 term 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 term 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 term 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.
5
FWC Contract No. 11071
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 terminate 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.
n
16E12
FWC Contract No. 11071
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 mail posted prior to the expiration date for such notice,
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: In accordance with Executive Order
96 -236, the COMMISSION shall consider the employment by the COUNTY of
unauthorized aliens a violation of section 274A(e) 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
7
FWC Contract No. 11071
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 term 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 (http: / /www.uscis.jzoy /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.
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 terms 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.
8
16E
FWC Contract No. 11071
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
deemed the effective date of this Agreement.
,,,-DWIGHT, P.-ftOCK, CLERK
Jenn� White
Assistant County Attorney
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
COUNTY OF LEON
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By. W.
Fred W. Coyle, CHAIRM x'03 ///
0
Item # -M03/
AWda
Date
Data
Rec'd
OF
12
E16E12
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
This Agreement is entered upon this 134' day of 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 Tamiami 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
WHEREAS, 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
hereby mutually agree:
1. That the TRUST authorizes the COUNTY to unconditionally use its undivided five point
six (5.6 %) percent interest of the Property for the purposes of restoration and
management for the benefit of present and future generations.
2. That the TRUST authorizes the COUNTY to enter into agreements with other
governmental agencies in order to implement management activities outlined in the
Caracara Prairie Preserve Habitat Management 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.
5. That CREW will not benefit in any way from the Property, nor assume the responsibility
for funding management of the Property.
IN WITNESS WHEREOF, the COUNTY has hereunto set its unauthorized hand and seal as
of this date and year first above written.
ATTEST:
DWIGHT E. 139,q Q, ,,CLERK
• ` •
Approval forforrh abd legal Sufficiency:
Jenrer B. White
Assistant County Attorney
AS TO CREW:
DATED: 15 1
WITNESSES: (S gn t e)
(Printed Name
(Signature)
(Printed
Sttphen A. Walker, Esq.
Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
W•
Y:
11 0 11 FRED W. COYLE, CHAIR—MAN
CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER TRUST,
INCORPORATED, a Florida nonprofit
corporation
BY-
tMll Hammond,
Ic'.
16E12
EXHIBIT A
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1 /2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA.
►: 0fl
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NWl /4) OF NORTHEAST QUARTER (NEI /4) OF
SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER
COUNTY, FLORIDA.
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This brochure is designed to provide the public with informtos and a
smmmy of regulations pertaining to busting and other roawtioud use on
the CREW Wildlife and Eavir -mmW Ara. RepiaMats Nut are new or
differ mbgmdoly frens last year are shoerw in bold print. Area uses
should Lnitiorise themselves with all repiatioss. For exact wording of Nis
Wildlife laws and ryslalioss, see the Florida Fish and Wildlife Conservation
Commission's wildlife cede, an file with the Secretary of State and awe
liirerice. This braobwe, the Florida Hunting Rpilmak ms bam&a* and quota
permit worksheets should provide the isformbon sooesesry for yen to pies
your hunting activities. These publications are available frost any
Commiaaios office, county tax colleclor and at .
Persons wing wildlife and mvvaunesld areas we required to have
appropriate l e--s. Permits and swaps. The "owing Persons are —mw
from all license and permit ragmiremmas (except for goofs permits When
Rased as 'loo wompfims:' rewrotioad aas permits, a duriem deer permits
and the Migralay, Bird Wmamg and Conservation Stamp lied" duck
ommpp: Florida residents who we 63 years of age or older; residents who
possess a Florida Resident Disabled Person Hmating and Fishing Certificate;
residents in the U.S. Armed Forces, not stationed in Florida, while home on
love for 30 days or less, upon submission of orders and children under 16
years of age. Children under 16 years of op we exempt tram the federal
duck stamp. Anyone berm on or after June 1, 1975 and 16 years of ago or
older met have passed a Commission- sppcved buster - safety course prior to
beats issued a hmmul; licemae, except the Hunter Safety Ma during
exemption allows auyeas to purchase a bmWS license and hunt under the
supervision of a licensed !aster, 21 years of sign or odder, for one yew.
Liooases mad permits may be purchased from county tax coilectere, homes
agents, at MVFWCMWiMM or by telephone at 1-ON 486 -2356. A no-
cad Migratory Bird Permit is avail" whom purchasing a bunting license.
Any waterfowl limier M yens of age or oldw must posses a federal duck
stamp: available where bestial lumens we add, at most Poet offWas « at
Alcttitts"Na-
QUOTA PSRMLT EWORMATION:
Amtm - 25 (CorinenaW Marsh Unite 30 (Flint Pan SumWwvcesern Bird
Rookery Swamp Uoitsb no-oost, quota permits (ao exemptions).
23 (Corbctew Marsh Unit), 30 (Fiiat Pen
StsasNwostem Bid Rookery Swamp Units), —coo, quota Permits (no
exemptioma).
alt - 23 (Corkscrew Marsh Unit), 30 (Flint Pea Streadhwaterm Bid
Rookery SwaimV Utaits), no -oast, gmda permits (ono exemptions).
amosLiNda - 3 (CorloKmew Marsh Unit). 5 (Flint Pen Strand/weatau Bird
Rookery Swamp Units), noon, quota permits (sea exemptions) for each of 2
lmmu.
13
16E12
FWC Contract No. 11071
N
Permit applications: Hunters must submit electronic apphoapms for quota
mad speci4-oppoclupity permits through the Commission's Total Licensing
Systems (TLS). Workshats 6atmg boats, application Periods, deadlines and
instructions are available at county tax collector's offices, FWC offices or
lh fHW,A a• Quota apphC4d sh Fwieds — th- -Boat the year beginning
April i; Please refer so the hosting handbook or for specific
dates. Worksheots will be available shoot 2 weeks prior to each sWication
poriod-
t3wst hrntsrs: For each nosh- hassfitaak archery, esoulaloadisg gun,
general sus, wild bo& sprites larkey end mobility - impaired quote Permit
issued through the Commission's TLS, only one Brest permit may be
obtained. The following persons my be a guest bait r, but are not required
to obtain a guest permit: a youth under 16 years of age, a youth teporvinw, a
mentor liesess holder or a mcom houses, supervisor. A grota permit bolder
(host) may only brims i guest boater at a rims. The following persons are not
con s111, - to be guest iumers: other quota permit baiders, non- bunters and
exempt huaWs (an areas end during seasons that allow exam ibous� The
host must share the has limit with the Brest and the host is responsible for
violations that exceed the bag limit The guest and boot must ester and exit
the area together and mat share a sheet -legal vehicle while bunting on the
era. The gate my only bunt While the boot is on the area. A person is only
eligible for arse sweet permit per host On" permits may only be obtained
from Mouse; agwts or county in collector's offices guest permits may be
obtained up to and during the last day of the hunt. Refer to the gnom hunt
worksheets fix Additional information.
Youth and mentor license holders: A youth hunter (lass tiro 16 years of age)
most be supervised by a person at loot 12 years of age. A mentor license
holder must be supervised by a licensed bunter at least 21 yams of age.
Unless exempt, only those supervisors with proper licenses and permits may
hunt. If the supervisor is bunting during any hoot (toot including special.
opportunity) for which qa«a Pwm;ts are immed, at Malt sae prawn in the
party must be in poasossios of • quota Ferrnit. During a host that allows
exemptions, a eon- exempt supervisor of a youth must have a quota permit to
bunt. A non- basting supervisor is allowed to accompany a youth of mentor
license bolder during any bunt (inclademg sp- W—pp- memityl
Treasfer of permits: Quota and sweet permits are not tsansfoable. Except for
youth under 16 years of ago, a positive form of identification is required
when Kiting a non- nausfesmble permit. The sale or purchase of any quota
permit or guest permit is prohibited.
GENERAL AREA REGULATIONS:
All general laws and rogulabone relating to wildlife and fish dub apply union
specifically exsmpted for this area. Hording or the taking of wildlife or fish m
this area #hag be allowed only during the open sexon and in accordance wilt
the following regulations:
I. Any parson hutting door or accompanying another person hunting deer
shall wear at lean 500 square inches of daylight A'oresanbonage
material n an outer garmont, above the waislins. Those provisions are
not required what lmotiog with a bow and arrow dunag archery season.
2. Taking of spotted fawn, swimming deer or roasted turkey is praidbeled.
Species legal to hunt are listed under each season.
3. It is illsgah to hunt over bait or place any bait or other food bar wildlife on
this nee.
4. Driving a metal object auto any tree, or hunting from a tree into which a
metal object has been driven, if peoltebited.
5. No person shall cut, damage or remove army neural, manmade or cultural
resource without written authonnhon of to landowner or primary land
manager.
6. Taking or attempbs to take any some wilt the aid of live decoys,
recorded game calls or soon* at Sons, artificial lig1N, net trap, stars,
drag or poison it prohibited. Reconla calls had sounds can be used to
hunt fabeaere, wild hog and crows.
7. The waton and will id waste of wildlife is pWWao&
S. Hunting, fidang or t oppbs is prohibited on any Portion of the area
posted as closed to Own activities.
9. People, dogs, vel"er and other recreational sgoip ant am Prohibited in
areas posted as "Closed to Public Aooen ^by FWC shmmohsbive whoa
10. Taking or hadiag wildlife from may motoalzed vehicle, aircraft or boat
which is under Power W prohibitted, until power said movement from that
power, has coxed.
11. Most some may be bowled gran '/e Lour before sum in until '% lour after
smut (ae ercepion mater koala moon).
12. Mw roiean of say soiawl is pointed, wilaout wriftsa aattoeisavou of
the landowner or pioway land msxSer.
13. The bud said orJawe of sox may not be removed tom the aaewe of
>r9' der or today on to area
14. Tie Planting of i0dododim of say non-ask" chat is prohbited, without
wanton sahoriaticn of to landowner at primacy lame mwiger.
15. Wild boS my not be tampocted dive.
16. Iiusift is prailwbited..
17. lines other tom campd inn at offrovW cmpsion an paoJw WW
18. A Fish and W"ih Cawarvatioa Co mhisdon Law &&mooed Ofliow
may soarah ay amp, vet d* or boot, is accordance with law.
19. pleating of tom. drobe or ottor vgstetioa is Prohibited wilhwd written
anthorintetion four the landowmr or the Commission.
PUBLIC ACCESS AND VEHICLES:
1. Open to public coons year round from 2 hours before sawn until 2
hours OAK smtek wdon cog at a downwind cosal4te.
2. All persons #hall attar and exit the area at a designated advance.
3. The use of ATVs, swomp buggies, tracked veltieies, vessels ( except
canon of kayala) or valicans" and mrepstared motarcyca a
prohibited, o=spt swomP buW- may be operated by individuals
per ieipatini in tae hsnt.
4. Vehicles may be operated only on named or numbered toad# designated
for vehidx.
5. Doing w&uy, muaddoedue Son, 8wa%VJ San and spring turkey
axons and bepsaing at S am. the day prior to to speninS of each
sexoo, vehiclse may oleo be opersled on named or numbered trails by
individuals participatiag in the hand.
6. P &W vehica may not daub" a food, gate or firehsve.
7. No motor vehicle shag be opertd on my pat of any win" std
environmental am 9W has been deignabd as closed b vawc olor taflic.
8. The we of possession of horm is prohibited, wceept by #psciat -sea pstmit
firm the South Florida Water Management Dirtiet. No hone Permits will
be moved duntg hulling as o s.
14
16E12
FWC Contract No. 11071
HUNTERS AND CHECK STATIONS:
1. Hunting equipment and doss may be taken auto 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 of the season
2. Hunters dull enter and exit tx area at a designated enhance, except
hunters entering or exiting the Corkscrew Marsh Unit shall me Oath 5 or
3. Minters shall check in and out t a designated check station when entering
and exiting the are and cheek all gate token.
4. No door or turkey shag be diamanbwW watil chocked at a cock station.
GUNS:
I. Hunting asst of of within' /. -mile of site western NoWsouth Tram !Road
and tooth of Bonita Basch Road in the Bird Rookery Swamp Unt a
prohibited.
2. Hunting with cents** or rimf re rifler is prohibited.
3. All firearms slug be ncuely encased and m a vducle, vessel, cmapsr or
tent, during periods when toy we not a begat method of take. Parson in
possession of a valid Concealed Weapon or Fireorm License may oufy
concealed hadpas.
4. Targat practice is prohibited.
5. Hunting with a San ad light it prohibited.
6. Mualeload eg gam used for taking doer mud be .40 caliber or lager, if
firing a tingle bullet, or be 20 gap or IsrW if firing two a more bells.
7. Cluldom under the cap of 16 may not be in possession of a firearm uden
in the pretence of a supervising sdak.
8. No person tall have a gran under control while under the influence of
alo" or drop.
9. For Imuft non ry Sun, adY shoftuns, pock bow*,
crossbows, muaJdoodiaS Smt or h1conry may be used. Hoe ft dxrist
the &prim bvkq somas wkh firearms etber fkau sheign s or wing a
dwishe bwpr than 02 k pseldbked.
10. Fa hooding migratory Saw, only si sees, bow or h1ccmy essay be seed
Sho ftms dug fort be Lager dom 10 Soage and dull be kespoble of
hoidog man ton three slots is the omp as and clamber oombiad.
11. Fireaens wing dooke at non- ae%wWkng, fag meta jaeist (naildwy bdi)
ammovitica are prohibited for tskiag doer.
12. Fully sutonatic at silencer- egmipptd firearms, coubdire semi - monastic
rifle housing a mosom w cap" of holding more ohm five roads,
explosive or ding- ii*Pdhag devices and set Suns are jadibited.
DOGS:
1. Haring wit► doss is prohbited, wwW bird dop or retrieves may be
and do" gonad San ad small Some carom.
2. Dogs on ionh s may be used for tailing wounded game.
3. For purposes other lam hhmtim, sop are allowed, but mm be kept under
physical testra6d t all times.
CAMPING:
L Camping a allowed only at do iStedcd sties by persons with written
aaLMn km from the Soar Florida Water Mer"anett Didnd (239-
657- 2253) or by individuals participating Ling in the hunt.
2. Camping equipment may be blain onto the era after 8 am. the day
before the opening of a season and shag be removed by 6 pm. one day
after the end of doe sexon.
3. No parsosu shall btinS building materiels onto the area or area paraawhaat
or saai -perm mod strudwaaa.
RAG AND POSSESSION LIMITS: During quota lnub, host bunter and
gust most share all beg sad possession limit.
I . Deer - Flint Pan Strand / western Bird Rookery Swamp Units: 1 per quota
lit
2. Wild hog - No size or beg limit.
3. Tsfksy - I per VUM turkey 4ots Permit Daily limit 1, asses limit 2.
4. (key squiad, quail and rabbit - Dairy Inuit 12, possession Emit 24 for
aces.
5. Raccoon, opossum, armadillo, beaver, coyote, sunk ad nutria - No bag
limits.
6. Bobcat and o#r - Prohibited.
7. Migratory birds - See Migratory Bird Hunting Rgph ions pamphlet
ARCHERY SEASON:
Arast 6-11,
Peomit Stamp and license Rmoitaments - Quok PUMA, hunting licerhse,
manrgement sera permit, ardhery permit, dear p—it (if hunting deer) and
migratory bird permit (if hunting migatory birds).
110ad b Haft - Deer with at least one atilt 5 imehse or more ion length, wild
hog, tiny sg4r , V4 rabbit, raccoon, opossum, armadillo, beaver,
ooyoie, skunk, nuhia and migratory birds in mom
- la addition. to these regulations, all
General apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit.
2. Hunting with firearms or crossbows (except by dissbld crossbow permit)
u prohibited, except that cederfmre shotguns are allowed for hunting
migabry birds whew one or sae species are legal to bust (see Migratory
Bud section and the current Aigcalcay Bird Hunting Regulations
pamplgd).
MUZZLICLOADING GUN SEASON:
smt mbw 3-3.
Queers paa►it, handing limns,
assignment fret paanit, mazddoa&q gran permit, deer permit (if
hunting deer) and migratory bad permit (dhua4ng y bu*)•
Laeel b Hums - Den with at lad one enter 5 inches or more in lengths, wild
hag, Vey sib, final, rabbit raccoon. opossam, armadillo, beaver,
coyok, skunk, minis ad migatory birds in season
Ratnlabons Ushiune b
%A-" (bm Seaaoa . In addition b these
reg"one, on Gahael Ana Regdatio s shall apply.
1. Ranting deer u prolm'bited in 1110 Corkscrew Mash Unvt.
2. Hum with wdwy equipment or 5narsos, odor than mnaleloaing
gun, is p wh bind, ccoso that aeterfire sbotgan we allowed for hmtwt
migmrony birds whom one or mare speeder are Iegal b bust (see Mi pebory
Hind section and 1110 OnTant IWatoay Bird Hunting Regulation
pamphlet).
GENERAL GUN SEASON:
- Qwft Permit, haniting liause.
■10ngeuast am perahit deer peewit (f hvinding dow) and may bad
permit (if hunting migiskey birds)•
- Deer Wilk at Ind as enter 3 inches or morn ion leaglh„ wild
hW VV KnUlk 1184 rabbit i'mcuon, opossum, amad8lo, beaver,
aoyots. skunk. merrier and sigaEay birds in season
In addition to thane reguhQas,
all Odneael Ana Regulations dal apply.
1. HW mg deer is psoWikd in the Ccdkaanw Mash Unit.
2. Haatiag with bird deg, or tatievas is allowed.
1. Hunkn with asNSaSre at rim5re ti9se u prob biked.
SMALL GAME SEASON:
Hunting hi—w, management area
Pmt any bad 1am* (if bm*% >ingretwy birds), and suits
waterfowl peread and 5da d duck si mp (elf kmbrhg waterfowl).
I reel In Ll - Orgy tgmrrel, quell, nbbe; m«;oan, opossum, arras "o.
beaver, coyoie, shank, nibs and migratory birds s senora.
. In addition to terse regulation,
all Ova" Arm RegaMiau slab apply.
1. Heating with bird dogs n d rntrievaa is elbwed
2. Hahtimg widi centsrire and riatdun rills is prdibitsA
TRAPPING- Proud.
SPRING TURKEY SEASON:
ldarch3 -6 and 7.11.
- Quota permit, wag Bores,
mangenoat arm perait ad wild tahny permit
JaIdALUMS - Beaded terlay or gobbler.
- In addition to rinse regulation,
all General Ana Regaldiohs shalb apply.
1. Iwgd shcotiug hens ease q hour before as aise nerd 1 pm.
2. Bunting other amimahs is probibited.
3. Hong" with three ms ether than sbotgas or using a shot she I*W
lb" 03 In prablbltd.
15
16E12
FWC Contract No. 11071
MIGRATORY BIRD SEASONS:
Rail, eoaunoeh mood a, mourning dove, white -wused dove . wipe, dude,
geese, coot, woodcock and crow may be hunted doing seasons
artal shed by 1110 Commission for these species gut coincide with pre
archery, muakloeding Sum, general Sun or small game seasons.
. Quota permit (if hunting dmm& a
quDft p-4. hag home, management aaa permit migntcay bird
permit and state waterfowl permit and federal duck stamp (if hunting
waterfowl).
jam, - See Migratory Bird Hunting Regulations pamphlet
ReaelfSem Umhimae b Miaratocv Bird Seasons - ha addition to these
regulation, all Ownaal Arm Regulations and Migratory Bird Regulations
shall apply.
1. Huabn duck, geese and coot with lad shot is prohibited.
2. CestsrSre shoWw an allowed for huntug dating sateNwhd an
seasons when one or mare migratory birds we too to hurt
FISHING AND FROGGING:
Allowed YAK
perssit • Fishing license (not req-W when
flew")•
I-d In Take - Sun Flaida Freshwater Fishing RaghdoWnis Summary.
Raab tlaim10 b Fiaitima and Framers - All General Arm Regulation
nd Gomel Fndmwat,r Flahies Regulations shell apply. Shooting *W is
allowed only during &a listed open hunting seasons and only with the
legal methods of take dating each particular season.
GENERAL INFORMATION:
I. I deemabon for persons with disabilibes an be found at
MVFatC WsVADA'
If you Kenn any question about thin materiel, please alt 1110 Fish and
Wildtifs Conservoica Commission at 361 -625 -5122 (TDD 800 -"5-
rnl).
SOUTH FLORIDA WMD INFORMATION:
This land was aaq=W usder the Save Our Rivers (SOR) lam. The
purpose e(SOR it to eonesm and psokct anighu said woplaoeable lads,
raebn men b fair vrigiad condition as sough o pombie ad sallow
conkulled mdtipk mereatios d and educational use eoasistant with tau
lwpoea
COOPERATION REQUESTED:
if you nee law vio/atsrt or auepkioma octivllier, radart yew nwrwt
Caseaehtisre resiond q*e or caH You ate' 9u*3'1" a
cask revvvdfinee tkr Wik&ft Alert AewamdAamimott
M U.S. DeparbAnst of 1b4 h*riorPmh*tr dserhabasom on tine Amis
g%nace, cobra nrdWd orisk W rtr er ka+L&W tfyoet be/ieW AM.)M
have bean dwrisehanted dga#W in airy prosrase, acorhty or "V as
dacAW abort, or V yet derke fio# n kyrornowen; pkme write N: r&
(*ceArAlsaaatRessuracer, U.S!akhadMkN eServic*� Dgxwrwm#(dice
Artrrior, Whalft rt, D . 26110. 77ir p4ect drerAW in tkfr prbhcaom it
part gfa pnseawAedrd by d Hari adder im h®lW lkstomSen Act
Jr*&AT/feats pry 16pnresMaf0se cantofaheprnsnasr.
When you spot law violators or suspicious activities,
contact your nearest Commission regional office or
call
1- 888404 —FWCC
You may quality for a cash reward from the
Wildlife Alert Reward Association.
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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
FWC Contract No. 11071
EXHIBIT "D"
ORDINANCE No. 207- 65
V ORDINANCE AMENDING ORDINANCE NO. 2tM24&
WHICH ESTABLI]SIIED THE CONSERVATION COLLIER
PROGRAM, BY REVLSING SECTION SIX: CREATION OF
THE CONSERVATION COLLIER ACQUISITION FUND;
SECTION EIGHT- LAND ACQUISITION ADVISORY
COMMITTEE; SECTION M. CRITERIA FOR
EVALUATING LANDS FOR ACQUISITION AND
MANAGEMENT; SECTION ELEVEN: ACQUISITION
LIST; SECTION TWELVE: NOMINATION OF
ACQUISITION PROPOSALS AND CANDIDATE SITES;
SECTION THIRTEEN: PROCEDURE FOR SELECTION
OF ACQUISITION PROPOSALS FOR PLACEMENT ON
TIM ACTIVE ACQUISITION LIST ARID SUBSEQUENT
PURCHASE PROCEDURES; SECTION FOURTEEN:
MANAGEMENT PLANS AND USE OF
ENVIRONMENTALLY SENSITIVE LANDS; SECTION
FIFTEEN: RESPONSIBILITIES OF THE COUNTY
MANAGER; PROVIDING FOR CONFLICT AND
SEVERABTLI7Y; PROVIDING FOR INCLUSION IN COIF
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFEGT[VE DATE.
i-:
i)
✓f.� J
WHEREAS. Copier Coetnty has studied vNk" s metbods for the acquisition of
ottvirotu =Wry sensitive land for conservation, preservation Sind turban preen space; std
WHEMAS. Collier County has Home Rule Powers established by the Florida State
Legislature purest to Flaida Srar&s, CUVW 123 and has dta powa to carry on government
to ttte extent not ineonsWent with pme al law; and
WHEREAS. Collier County desires to provide a mechwdsm to equitably deal with the
impkttt n of the Cotrersntatity Charader plan, the Caenproh=Wve Growth MwuVnwnt
Plan. which raommeand wgauitioa of envuoamogally awAitive land~ and
WHEREAS, on Tuesday, November S, 2002, the eled ande of Collier County sudtorind
the County to levy a 0.25 trill ad valorem Property tax for a period not to tweed H1 (ten) years,
for acquisition, protection, reuonWon. and nuuLgs rent of envieournws ly sensitive Lads in
CoEtier Cowry for tee benefit of present and future getneratiam. and
WHEREAS, Collier County's sigOificsnr natural resources, Productive estuaries and
wcdsnds. remarkable bhAversity, and unique subtropical habitats huboeft many species of
tare and ctdangered flora artd fauna merit the moat pmggeuon any county's citigem, could offer,
WA
WHEREAS. it is the intent of the Hoard of County Cottbnissiflnem of Copier County to
establish Cowrvatiaa Collier to implement this maadate and to suq"st its purposes to the'
fuikst, limift all uses of. sad all fnvessarnent eamieegs oa, sua6 levies to such purpo$M and
WHEREAS. the Colfiar County Hood of County Commissioners rutaopsumes the need for
-tee aeation of an advisory board to advise the County and the public in the imple nestation of
the program and the seduction of project sites for acquisition; and
i
I�i1tt�ned,
18
FWC Contract i61 1 P
WHEREAS. the Collier County Board of County Commiasiottera, in rccogni*M of the
fact that the proposed env4unmetally sensitive Mods are to be purchased in whole or in part
through a special ad valorem assessment, hereby recognize the rights of our citin" to have
reasonable public access and for all our citizens to partake and enjoy various outdoor activities in
a teasonabk and environa mually f vxoy roamer on lands purchased chased with these funds; and
WHEREAS, the Bond of County Commissiamers will ensure that Conservation Collier is
a willing participant program and shall utilize only methods of voluntary acquisition;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
SECTION 1 • Na e
This ordinance shag be known as Conservation Collier hopicingntmon ordinwwe,
SECTION 2s ometliraw
Conservation Collier is therefxe hereby established to acquire, preserve, restore, and
maintain vital and significant fteatered natural lands, forest, upland and wedand communities
located in Collier County, for the benefit of present and future generations.
LION 3 — Flews.
1. The fnnegrring recitals are true and correct and incorporated herein by reference.
2, All ad valorQm furls generated hereby aball be collected by the Collier County Tax
Collector.
3. The County M=AW, or his or her designee, shall administer this program in accordance
with the procodureg and ai eria provided fvr A mi L
1. To W**t:, protect anal manage 0wk0 nrertally sensitive htnds that contain natural
WNW of wetland c0"Mu dties. native plant Communities. rare and endangered flora and fanuna,
endemic species, endanj;ered species babitat, a diversity of species, signiBcaat water resources,
or outstanding aesthetic or other naval features. maximizing protection of Collier County's
MCA. most unique and endangered habitats:
2. To acquire, PMW and manage enviroetnauWly sensitive lands fiat offer the best human
social vahte, including equitable goagraphic distribution, natural rresouroa based recreation, and
protection of water resources, local ecological awareness, and enhancement of the aptwc
setting of Collier County;
3. To acquire, protect cud manage environmentally setsitivc lands that serve to recharge the
County's aquifers and protect its wetlands and surface water resources to ensure the delivery of
clean and plentiful water supplies and provide flood control;
4. TO acquire, protect and manage enviranmernWty sensitive lands containing the most
biological value, including biodiversity. listed species habitat, connectivity, restoration potential,
and ecological quality;
S. To protect Present oonaervaM m lands by acquirrag, protecting and mawsm adjacent
properties whirr, if not acquuited, would threaten the envirannental integrity of the existing
resource, or which, if acquired, would enhance and buffer the environmental integrity of the
remmme, and add to reaowco coma Wvity;
2
UQft1k1AMMlLM*0ftV%"kftd.
19
F C ontractto?l 07 1
6, To restore the noural dons, as necessary. to any impacted and vulnerable habitats
which would then contribute significantly to hilf fling this pryogram's goals;
7. To help implement the objectives and policies of the Collier Corurty Growth Management
Plan which have been promulgated to preserve and protect envmuthentai protection areas
designated in the Plan and other natural fastest resourcm wetlands, endangered species habitat,
and vulnerable rare habitats;
S. To identify Collier County's best and most cadangered environmental lands for
wquisait era, protection and management by evaluating the biological and hydrological
dumwtcristics and viability of the resource, the vulnerability of the resource to degradation or
destruction, and the feasibility of managing the resource to maintain its natural attrbbutes;
9. To manage acquired environmentally wive lands with the pramary objectives of
maintaining and preserving their n ahaal resource values, and providing appropriate natural
resource -based recreational and cducational opportunities. by emploYiryi management techniques
that are most appropriate for each native community so that our natural heritage may be
preserved and appreciated by and for present and future generations;
10. To have the acquired sites avWabic, with minimal risk to the envi owncntai integrity of
the site, to Collier County's school -age population and the general public about the
uniqueness and impor anoc of Collier Coamty's subtropical ecosystems and natural communities.
M To protect natantl resources which lie within the boundaries of other conrhwvation
land w4thisition programs, where Conservation Collier finds would beverage sigailicauht other
matching sources of funding far other agency acquisition projects that would not be available
without such a local match, or which would result in Considerably higher funding rank in another
program, however, Collier County shall exclude Mumcipatities within the County from any_
roquirement to p u vide matching hmk and,
12. To cooperate actively with other acquisition, conmvoioa, and resource, management
programm including, but not limited to, such programs as the State of Florida Conserngion and
Recreation Lands program. the Land Acquisition Trust Fund, Florida Forever, and Save Our
Rivers program, when the Purposes of such programs are consistent with the purposes of
Conservation Collier as stood hereinabove.
SECTION S- D j ftk rs:
T* following words and phrases, when used in this chapta, shall have the meanings
ascribed to them in this section:
1. "Acquisition proposal" shall mean (a) parcos) of land which haslhavc been nominated
or recommended for conservation in accordance with the procedures provided for herein.
2. "Acquisition pn*ct" shhalI mean (a) pa ccl(s) of land approved by the Board of County
Commissioners for conservation by the county in accordance with prooedom provided for
herein.
3. "Authorized Purpose" meats expenditums authorized herein.
4. "ikon -praPn organization" Shall mean an organization as defined in section Sol of
the United States internal Revenue Code„ Operating in Collier County, which includes among its
primary gosh the consen'ation of natural resources and the protection of the environment.
3
Lhwa
20
FWC ContractNo.Id6 E 12
S. "Buller land" shall mean that lead which is adjacent to publicly-owned envirouniental
land, or privately held land permanently dedicated to conservation, or that }and which is an in-
holding within publicly -owned environmental tacit, and which, if not acquired, would threaten
the environmental integrity of the existing resource, or if acquired, would enhance the
environmental integrity and connectivity of the resource.
6. "Enwronm sully scasittve" land shall mean t hat land which contains natural upland or
wetland communities, native plant communitim rare and endangered flora and fauna, endemic
species, endangered species habitat, a diversity of apecim significant water resources, or
outstanding aesthetic of other natural features.
7. "Mmagemar shall mean the preservation, enhancement, restoration, coaxwvabon,
monitoring, or maintenance of the natural resource values of environmentally sensitive lands
which have been acquired or approved for management under Conservation Collier, including
provision of appropriate public access,
8. "Target Protection Areas" shaU mean larger areas of cnviromnen alfy sensitive land
within which ate located specifc sites which generally satisfy the initial s mating criteria and
meet the goals of Conservation Collier.
9. "Natural resource -baled recreation" shall mean all forms of uses which are consistent
with the goals of this program, and are compatible with the specific parcel. Such uses shall
include, but not be limited to. hiking. nature photography. bud - watching, kayaking, canoein&
svrimmittg, hunting and fishing
SECTION 6 Crreg" of ttrw C. r.,lgU rte.. AMWEWND Tram FM
Collier County shall establish the Conservation Colhar Acquisition Trust Fund for use in
acquiring env$oomentally sensitive lands in Collier County. This fund shall receive cad
disburse monies in accordance with the provisions herein.
1. The Conservation Collier Acquisition Trust Fund shall receive monies from the following
sources:
A. All monies accepted by Collier County in the fain of federal. State, or other
governmental gets, reimbursements, allocations. or appropriabons, foundation or private
grants, donations for acquisition of environmentally sensitive lands and payments provided for
mitigation activity associated with such acquisition activity.
b. Such additional allocations as may be made by the Board of County
Commissioners frOm time to time for the purposes set forth herein.
C. All iaterost gencr&W from the sources identified herein except where wearies
received have been otherwise designated or r asuicw t
d. StupplenmUtion from the Conservation Collier M=agemcm Trust Fund, but only
with the approval of the Collier County Board of County Commissioners,
e. Up to Eighty -live percent (65%X75%) of all ad valorem rovenm collected for
Conservation Collier.
f. The proceeds of any property acquired with funds from the Conservation COH cr
Acquisition Trust Fund that is leased or sold by the County, said proceeds, as dtdermined by the
Board of Cotanty Commissionax, to be committed tidier tp the Coaeet on Cdlier Acquisition
a
flrndarfioe added: �elataued.
21
16E 12
FWC Contract No. 11071
Truest Fund or to the Conservation Collier Management Trust Fund for the purposes provided for
herein. Any such sale or lease shatI only be in saotdance with the goals of this program.
g. Prior to acquiring land located within a Municipality's boundaries. approve! must
first be obtained from the governing body of that Municipality.
2, The Conservation Collier Acquisition Trust Fund shall be msintainod in a separate and
segregsec+d trust fund of the County to be used solely for the authorized purposes set faith herein.
3. Disbuusennents from the Conservation Collier Acquisition Trust Fiend shall be made only
for the following audwrized purposes:
a. Acquisition of properties which have been approved for purchase by ruelmian 9
the Board of County ComedwAonem
b. Costs associated with each acquisition including. but not limited to, appraisals,
surveys, cnxi mental MRpqL titic MIRMbm= and insurance des saaroh- went, teal
property taxes. documentary staenps and surtax fees, and other transaction costs.
C. Costs of adlWaistering Conservation Collier, including any louts from the
General Fund for funding start -up casts until stech time as the fiW is clowd. Administration of
the program may be conducted by County staff or by contract with a private or not for profit
entity subject to meeting all County and CmOMMIS& Coif r pure R21ida pM@@dw0L
Administrative coats shall be limited to the greatest extent possible.
d_ To undertake and carry out studies and analyses of county conservation land
teals and ways of meeting those needs. limited to no more than S1 50.000.0o
C. To acquire and dispose of real end personal property or any interest therein when
"ROSI iaa-16 necessary of appropriate to prat the natural environment, Provide public
access or public recreational facilities, preserve wildlife habitat areas or provide access to
mnanage meet of acquired l ands: to acquire interests in land by means of land excha W%—, and to
enter into ahemmdves w the acquisition of fee interests in land. including, the acquisition of
easancras, life estates, leases, and Imcbeck arrangements.
f. Acquisitions consistent with lk Collier County Lmd DmNIMent Code Jwd
and the Growth Management Plan.
g. To cooperate with other local, regional, state, or federal public land acquisition
programs. In such cases, the County may enter into contractual or other agtrermennu to acquire
lands jointly or for eventual resale to other public land acquisition programs in Collier County.
h. All lands acquired and titled solely in the name of Collier County shall be
managed by Collier County, wherever located. unless by mutual written agreenent managerneft
arrangements and responsibilities are a ndutaken with other local, regional, stale, or federal
agencies. All lands jointly acquired with other local, regional, state, or federal agencies,
including Municipalitiec shall kchxk: as pert of the acquisition psnocess, sore mutual written
agreement regarding the responsibilities of the jam owners for Moftfimam.
i. To borrow money through the issuance of bonds for the pu rposos provided
herein, w provide for and secure the Payment thereof, and to provide for the rights of the holders
thereof.
3
22
FWC Contract No. 11071
J. To invest any finds held in reserves or sinking funds, or any funds rot n qubW
for immediate disbtarsemeat, in such investments as may be authorized for trust fords under
Radda S rawes, Section 215.47 as amaded.
k. To insure mod procure insurance against any toss in eomnecdon with any of
the trust's operations, including without 1mnitatio n:
a The repayment of any loa is to mortgage lenders or mortgage loans;
b- Any project.
c. Any bonds of the County;
Insurance may be procured in such anoints and from such insurers, irrchdm# the Federal
Craven meat, as may be doomed necessary or desirable by Collier Counnty.
1. To engage the services of private consultants on a contract basis for rendering
professional and technical asduanae and advice.
M. To identify parcels of land that would be appropriate aequiatiores-
n. To do any and 011 thugs necessary of convenient to carry out the purposes at and
exercise the powers given and granted herein to the full extern of the law.
SECTION 7 - Ctnadw of at Caaservader C:ovkr ]Manasaa m" Trigg, titi.L.r.
Thcrc is hereby created the Conservation Collier ManagancM Trust Fund (hereinafter
referred to as the Conservation Collier Management True Fund) for die preservation,
enhancement, resioratim. conservation and nnnte naacc of environmentally mentally sensitive lands that
either have been purchased with monies from the F.nvironttnerntally Sensitive Lands AgWdtiou
Trust Fuld, or have otherwise been approved for management. The Finance Director is hereby
authorized Io eitabiish the Conservation Collier Managem to Twat Fund and to receive and
disburse manes is aocardanec with the provisions of this section.
I . The C usavation Collier Managanent TnW Fund shall be maintained in a separate std
segregated taut find of the County to be used solely for the amhorixed purposes ant forth herein.
2 The Conservation Collier Manapment Trust Fwd shall receive monies from the
following sotuces:
a- Ad- valorem taxes oaHeeted for Conservation Collier in an amount rtot 10 exceed
15% of the total collecsed in any ante year.
b. All monies accepted by Collier Comity in the ram of federal, State. or other
gavernmenutl gnarls, allocations. or appropriations, m w411 as foundation or private grants and
donations. for managenent of lards acquired with the Conservation Collier Acquisition Trust
Fund or otherwise approved for nrwtagement.
C. Additional shocatiats as may be crack by the Board of County Commissioners as
necessary fiom time 10 time for ptrposes strictly eorraisteet with the goals and purposes of
Conservation Collier.
d- All interest generated from the sources identified mein, except where monies
received have been otherwise designated or restricted.
3. Owhoseneeats firm the Conservation Collier ManaEcment Trust Fund shall be made by
the County Manager of his or her degree only in awwdsutce for the amhorized purposes set
forth herein.
e
23
16E12
FWC Contract No. 11071
SECTION S — teed Agam_ritis. Adri.ery Come
1. Creation and Purpose: The Land Acgtdsition Advisory Committee is hereby established
to assist the Hoard of County Commisskmers in establishing an Active Properties Acquisition
List with qualified purchase recommendations consistent with the goals of Conservation Copier.
2- Appointment and Composition: The Land Acquisition Advisory Committee shall be
composed of nine (4) members who are appointed by and will serve at the pleasum of the Board
Of County Cormnissicam in accordance with Ordinance No. 2001 -5S, Membership of the Land
Acquisition Advisory Committee shall comprise broad and balanced representation of the
interests of Collier County citizens, including:
S. Environmental and Conservntion interests in Collier C=43r.
b. Agricultural and business intemsts in Collier County;
e. Educational inteaessts in Collk:f County, and
d- General civic and citizen interests from throughout the county.
individual members of the Land Acquisition Advisory Com mitme stall have expertise,
knowledge or interest in ecology, conservation of natural resources, real emote or land
aoquisition, Lund appraisal, land management, eco-wurism or enviroemwWol education. A
nominee shall submit to the Hoard of County Commissianees written evidence of his or her
expertise, knowledge or rest in any of the above. The me mbas of this committee should
include representatives from different areas of Collier County.
3. Terms of Office: The initial terms of office of the members shall be staggered between
the individual interests, for balance purpoon, and be act as follows:
a. Three (3) members shall serve three (3) years.
b. Throe (3) members shall serve two (2) }ears.
C. Three (3) members shall serve one (1) year.
Thereafter, all appointmme b shalt be for a term of three (3) years. The process for
appointments and terns of office shall be governed by Collier County Ordinamx No. 2001.55.
4. Offcets, Quern and Rules of Procedure: At its earliest opportunity, the membership
of the Committee shell elect a chairperson and vice chairperson frown among the members.
Officers' terns shall be for a period of one (1) year, with eligibility for reelection.
The presence of five (S) or more members shall constitute a quorum of the Committee
necessary to take action and transact business. The Committee shall, by mgeorky vote of the
entire membership, adopt rules of procedure for the tratnsaam of business. The sand
Acquisition Advisory Committee shall comply with the applicable requirements of the Florida
Sunshine Law. and date keep a wriu m record of meetings, rewhoiotis, findings and
dewminatioms is aorot"W with Chapser 112, HwIda Mmarea. Copies of all Committee
mmtes, resoltttiorm mpotrs, and exhibits shall be submitted to the HOW of County
Commissiontss.
S. Attendance and Vacancies.• Coerueittee nti p*a attendance requirements, including
failure to attend meetings and MCMI et• removal from office are governed by Collier Cotmty
Ordinance No. 201)1 .55, as tsnendtd.
24
FWC Contract 4167 F12
d. Functions, Powers aid Duties of the Land Acquisition Advisory Committee: The Land
Acquisition Advisory Committee shall have the fallowing duties and responsibilities:
a. The Land Acquisition Advisory Committee's primary responsibility is to
recommend to the Board of County Commissioners an Active properties Acquisition List with
qualified purchase recommendations oonsiment with the goals of Conservation Collier and
pursuant to the policies outlined herein below.
b. The Land Acquisition Advisory Committee may. from time to time, recommend
to the Hoard of County Commissioners proposed expenditures from the Conservation Collier
Trust Funds; additional selection or acquisition policies, procedures, and programs; and other
such matters as may be necessary to fulfill the purposes of Conservation Collier. However, the
gams and primary criteria of Conservation Collier may not be modified except by countywide
referendum vote.
c- The Land Acquisition Advisory Committee shall have no power or authority to
commit Collier County to any policies, to incur any financial obligations or to create any liability
OR the part of the County. The actions and recommendations of the Land Acquisition Advisory
Committee are advisory only and "I not be binding upon the County unless approved or
adopted by the Hoard of County Commissioners.
d. At such time as there are insufficient uncommitted fords in the Conservation
Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have
been closed, the Land Acgtusidort Advisory Corn n me shall report to the County Conutnistaon
that its busint= is concluded. All remain* Conservation Collier Acquisition Trust Fund
monies shall then be transferred to the Conservation Collier Management Trust Fund.
7. Review of the Land Acquisition Advisory Co acc: The Land Acquisition Advisory
Committee shall be reviewed by the Brand of County Commissiotnena every four yews in
accordance with the provisions; of Section Nine of Collier County Ordinance No. 2001 -55, as
amended.
SECTION 4 - trait!rty Flllairle� #Aos ill
isftlao .t►yt,� �*,i
I. hopMies eligible to be considered for acquisition and management under canmvshon
Collier shall be only environmentally sensitive lads available from willing and voluntary
participants.
2- Acquisition of property shall not be constrained based on the immediate availability of
management money.
3. Any environmentally sensitive land not on the acquisition list which is offered for
conveyance or donation to Collier County and is proposed for management by Conservation
Collier shall be evaluated as provided for herein below and may only be accepted and approved
for management by the Board of County Commissioners.
SECTION 18 • Criteria AW Evabuklim Lamb pre A Maiden &ud M,r M
1. The evaluation of each acquisition proposal shall be based on satisfying at least two of
the initial screening criteria below. Qualified sites dal[ then be further prioritized by secondary
evaluative criteria listed below tender Section, 2. The initial screening aberia tire:
I
VA&dkdAddsd:.sr -ni o o0a doWea.
25
FWC Contract No. 11071
a. Lend with the we tame, unique and twined habitats found in Collier CwMy,
order of preference: tropical hardwood hammocks. xene oak scrub, ceosud strand, native beach,
xeric pine, riverine oak, high mush (saline), tidal freshwater marsh, other native habitats.
b. Lands offering the best human social values, including equitable geographic
distrAmuon, Appropriate access far mortal rewurce•based recreation„ and enhancement of the
aesthetic setting of Collier County.
C. Lard which protects the most water resource values, including aquifer "WIMP,
WSW quality, wetland dependant species habitat, and flood control,
d. land containing the most biological value. including biodiversity, listed species
habitat, connectivity, restorstion potential, and ecological quality.
C. land which enhances andfor protects the environmental value of current
conservation lands through function as a buffer, ccoklkal link. or habitat corridor_
E Any qualified land which memts at least two of the shout criteria, and has
makdtitag femeh available andlee which Conservation Collier firads availability would leverage a
significantly higher funding rank In utother acquisition program. Willow m" fioding
GQr4W-N*$W GOMM AVA WWI am be available (" Frajoew within Ow
2. Those proposed acquisition proposals which we initially qualified under the scnming
criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee
using Secondary Ranking Gloms based on site visit information which *miirms or tones the
initial screening crkerin oval adw, and based on comparative size (to prefer larger, of similar
paurels), vubneeaWlity to destruction (ao prefer most threatened of qualified parcels), overall
resource ecological quality (to pre&r highest quality of similar parcels) and the estimated
feasibility and cons of management (to prefer most manageable parcels).
3. The Board of County Gore he mby stall approve and make a pant hereof the
attached initial list of Target Pros. -ction Arras within which are located specific sites which
generally satisfy the initial screening criteria and meet the goals of Conservation Collier.
Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be
evaluated and racked by staff and the L and Acquisition Advisory Committee for a
recommendation of approval to the Board of County Commissioner$.
In accordance with the goals, policies and procedures of this Conservation Collier
Implementation Ordinance, the following list is the first Target Protection Areas adopted for
consideration by the land Acquisition Advisory Committee, County staff and the Board of
County Commissioners.
I Alt designated Urban Iards on rho Future Land Use Map of the Collier County
Growth Maaagemad Plan with predominantly native vegetative cover,
b. All Collier County Natural Resource Protection Arras and Sanding Leads, as shown
on the Future land Use Map of die Collier County Growth Management Pisa.
!L All underveloped lands with predominately native vegetative cover in the Northern
Golden Case Estes, as .spawn out the FW= Lend Use Map of the Collier County
Growth Mansgemut Plan.
4
WOW added Mr�Nr�s defaced
16E1.
2
FWC Contract No. 11071
jL The Flovwway and Habitat Stewwdship Amu as depicted on the Futuic Land Use
Map of the Collier County Growth Management Phm
4. The County Manager shall prepare and periodically update for presentation to the Board
of County Commissioners, a Conservation Collier Program Manus, developed by staff and the
Land Acquisition Advisory Committee, which, upon approval by the Based of County
Commissionerm shall be used as a guide for implementing the provisions of this ordinance, and
shill also include the initial and secondary crigria listed herein above for evaluating
Conservation Collier Acquisition Proposals_ Coinmencement of the acquisition and management:
program sha11 be immodime upon approval by the Board of County Comnmissioners, Passage of
the referendum and appointment of the Land Acquisition Advisory Committee, Mn if the
manual bets not been completed.
SECTION 11— Acorrisitism list•
The overall Consmation Collier Acquisition List stall consist of two specific lists: the
Target Protection Areas list and the Active Acquisition List. The Land Acquisition Advisory
Committee and Board of County Commissioners shall approve bout in accordance with the
procedures set forth below:
I. The Target Protection Areas .List shall consist of lands representing the hig# A natural
resource values (such as Natural Resource Protection Areas), but generally not specific parcels,
and is initially approved by the Board of County Commissioners and updated periodically by the
Board of County Commissioners and Land Acgtisitiorl Advisory Committee. It is established
and updated to aocordrnae with conservation Collier goals, procedures and critreria.
Z. The Active Acquisition List shall consist of crikThmIndified sites that have been selected
from Target Protection Areas, as well as qualified acquisition proposals submitted to the Land
Acquisition Advisory Cormnium by the public, all of which have
ARWkAti= 21110410011 h2 ti!ran properly owners- The AStiyi' siaiaa Lig stall aW@X&
pm awls into throe (3) categwks. A (mmig Mquisitionj B (hold for m -ran ki g in the next
cycle). and C (no interest L dd+ell). The A&g&q ory js " shall be alft
categorized as 1 (high erioritvl. 2 (medium ply) and 3 (low y), ,in order Ig give r'nu 1
stall direction as to pdgdW for aoauidtion s A The Active Acquisition List shall be updated
periodically according to Conservation Collier procedures and criteria. Site acquisition
proposals that receive the highest evaluations pursuant to the Conservation Collier criteria No
for which acquisition is feasible will be placed an this list, pending rMMSDgtWW4oII appieval by
the Land Acquisition Advisory Committee and 022=21 ,hy the Board of County Comaiissioatu&
3. Once approved by the Board of County Commissioners, the County dWl actively pursue
acquisition of A-zomam projp s on the Active Acquisition List. All sites shall be pursued on a
voluntary "willing participant'" basis only, vrWWW the use of the County's eminent doaWp
POWCM
4. Projects will only be ranoved from the Active Acquisition List by successfW purchase of
the site, approval of the next succeeding list. withdrawal of positive interest by the property
owner, or by resolution of dw Board of County Commissioners. Pto*ft removed may still be
considered at a later time.
SECTION 12 — Nominodw sragglia — ...tee. MW _Maeagj �. .
10
ll&dito. dd% W*Wwv*"dr"
27
FWC Contract No. 11071
1. Namingiom for do Cgommgfiffi C&I Pro== may be mm& bX any MM or
OmflizifiGI iMiN QdIier County, IWOML State of Federal == W& try oontae ft
am staff in writing mW wov" dW Rosh ve idendacetlan of the pa[ct;LEoroieet through a ma¢
or folio numbedsi. Staff' hj11 send an innuiry to dw owner in the john of an intma kucr
ady�i g_Of the nominskm and MUM if the owner wishes to submit an anal for
t'
2. An owner may nominate )ns or her Own yvog= bi mAmdaim fen
3. Cowry staff will owed_kteers of intcrost to ga=M owwers wiWa Targat EMIWtion
egg dimcwd by the Land Aoauisidon Advisom COWAnitL0t asking if the owner wishes to
4.
"be evidence eta wills
3. WhileQ
el�btic end landowner applications mxnm tiny properties for acquisition may be
sabnlitted at any time, during Or afta Ow fmrt annual public solidution maedng (described
below MoikA om drill bg sedwred and eva! mdW within tit framework of an acgoWsitien
CYCIL widch tip+ M dull be MM& =MOW. by my pwmo w sepaimMigft in,
4. (b There will be sn taMW public mft-dng for tie purpm of updadug the Board of
County Conunipiaters and the public and for soM iog proposals and applications. The fast
such treating will take place at the and of the fuss year of hWlementation of Can% vation
COMM
n
��rttelsnd.
28
16E12
FWC Contract No. 11071
UPON GMSYSI of 60 a md submquen* Milt *" mpdm of *A To"
T&VORMselieftArma Positive meppimeavvillho&-m— -`m 199
Vii!. Acauisi W gWpWa which do RSIt.mwfX the illitiml Imsoft criteria or which satisfy
initial a main¢ curia kM fnr odtl de m not fulfil! the
purposes of C 0mrvadon Collier m do am miko dw initial will be repotted to the Land
Acquidtion Advimfy Coraat aw and shall not be evaluated further unless at least t'nv [s]
nw nbers of the Land Acquisition Advisory Conuninee mote for a compk*c evaluation.
41_Proposals which satisfy the initial acmning wiU be further evaluated for mesentation are
forwm A to the Land Acquisition Advisory Committee and for mermlem) eritene mview
and ranking. Staff —" R hod" AMI inchide a site visit. which „_}fie shall cowdinate ` ith the
QIQ12L' Y. OVAW. and which nMV inchide me Advidry !`.re m#N_ as 1.- ar
uew. auu, anau II[� Wna� l rrlllla mmmg A" (K:zg) Bulk will include 9"d
aloft WM 0" peep". boundtay and IW4600 maps for each site, descriptions of the
biological and hydrological chuacteristics„ including initial criteria satisfied, a sturunary of its
potential for appnopriale nae, &mcloputent pour al of the site and a4*m hnd, an aasomnm
of the inanagcnim needs and costs, the assessed and estissatad valm, and any potentially
available matchM$ fituds
3�. Upon CORWItctiau of the k WCribnaSvMea*Rq" ISCR. the Land Acquisition
Advisory Caninittne shall bold a public hearing fg
txmsemation of infon,natian n the ICSR re ing each site, the applicants' and/or
landowners' cmunmts, and comments km the public. A cmu*y none shall be provided to
the owners of pooperfm which we the subject of the hcatin& aithougb failure to notify said
OWN" shall not invalidate dmc Promedings.
S. After . within the t:hmm soeEEmMa cycle have bon awsmt* .The Land
Acquisition Advisory Committee shall evaluate aU qualified proposals using the- aeaeadaq
$ Oritcriow as docum nW„ j0_the Lea along w and
public comments, they
tQ dw A. B and C MUM ea UM[iea jo craft a .y..........m ded .spess iep .inked popeeaala "
dw Active Acquisition List at dtia #fir Booing. Stebeequattt AQdjijgOW_meetiW tray be
called to Clete this task.
az
29
1 E12
FWC Contract 0.1 107 1
II
uoa�d�:01 deteaea.
30
16E12
FWC Contract No. 11071
the conftd terms for each proposed
MOO and shall authorize any and all purcbaaes.
It, Once a ooaosct has been MMMyW and executed by ft Hoard of QgIM CMMMjjgkM
in accordance with County W&W- Real Estate Services stall' shall RmoW IR close on the
12MMS OI lroaetSY in auoords<►ce with Cotsev oolicies.
SECTION 14 • MAtia®eeesu dams acid use of eisvi_rr�tttarr s®sitira �.
1. No latter than a6bt4r -(6q ninety days from the date of acquisition, an interim
management plan for any property acquired shall be submitted by County swT to the Land
Acquisition Advisory Committee for approval. Upon approval, the piss shall be subnii to the
Hoard of County Commissioners for final approval and shall be imple n ntod by the County
Manager pursuant to the Board's direction. Any such interim uuuuagcttt m plmKs) shall not be
implemented for more than two (2) years afkr acquisition of the property, prior to the expiration
of two [2] years, either a new managemat plan shall be implemented or, by affirmative action of
the Board, the interim plan shall continue,
2. A final management plan, with required review and updating every ten years, shall be
prepared, with review and input of the Land Acquisition Advisory Committee, for each property
acquired by Conservation Collier which shall:
(a) Identify such management activities as are necessary to prperve, cahatrsr., remore,
COMM. maintain, or nwmitor the resource, as appropriate: and
(b) ldeadfy such uses as are eo►sistetu with this presarvatiaa, auhamoement, MW26 xn,
conservation, toad maimetawce of the resource: and
(c) Estimate the annual costs of managing the project.
3. Annually, the term -year tttampment plans prepared wring the preceding yew shall be
submitted to the Hoard of County Commissioners for its approval. Each ten -year management
plan shall be updated at least every five (5) years from the last date of Board approval, and may
be amended as often as requiried. Management phut updates and amendments shall be reviewed
by the lard Acquisition Advisory Committee for their input and and then
submitted to the Board of County Commissioners for approval.
4. All management plans shall be consistent with the purposes set forth herein. All
properties acquired or managed through Conservation Collies shill be ttuww d in accordance
with the approved management plan for them property.
5. No use, burr, or improvement shall be permitted on army property acquired or
managed under Conservation Collier that is inconsistent with the purposes of the program or drat
is not provided by an approved management plan for tic property.
6, The County will seek cooperative management w angements with other agencies and
erntities, in keeping with the approved management plans and goals of Cortaavativn Collier.
7. Purchasing land using Conservation Collier program funds p=ar*Wy exams ail
development rights except those strictly compatible with the purposes and goals of Conservation
Collier, 11111911 such lands arse exchanged for Similar lands within std betwem mho ajar• el
lnroie�ys that have been oar vioualy MROMMCWW IM the rn....s.jjM e"oWa. t .,.a ...m.r<ie _
of
14
i-- 'WdxkbL dokm t
31
FWC Contract No.1
E12
MEW to those MMCS axi_harcaed tut off" m O MM u:,
8. Public access is an impottam ckmcnt of management and this Progmm. Examples of
permined uses. Mkiect to compatibility with specific parcels, include: hiking, nature
photography. bird watching, kayaking, canoeing. swimming, hunting and fishing. The program
will also make the acquired sites avadabie, with minimal risk to the environmental integrity of
the site, to oducatc Collier County's school -age population and the general public about the
uniqueness and importance of Collier County's Subtropicarl ecosystems and natural eammunilics.
The County Manager shall facilitate such activities, designate such eafl', and assign such
responsibilities as are necessary to fWM the purposes of this gMgDgWL @h@pwj; -UnwHW
aagn++eitien- psapeaaf
Goo" Atiefrity.
S�.CTtON If — ■per of as C..NOMIdan Collin ♦d Vans...._ T_..
I. The Conservation Collier special tart rrevcn w will s+wct after 10 (ten) years, unless
rcaudnormed dtrough mmilar voter reftm dcmn approval.
2. The Mamaganait Trust Fund continues in perpetuity, as long as Conservation Collier
ISO& remain in county hands.
SECTION 17 - Indualm im the Code of
The provisions of this Ordinance shall bworne and be made a part of the Code of laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be rerturnbaw or
re-leaeted to accpoanpliah such, and the word "ordinance" may be changed to "section." "article,"
or any other appropriate word.
SF.t'I' M 18 - CNfilr ud t¢..r.wln h .
In the event this Ordinance conflicts with any od usr Ordinance of Collier County or other
applicable law, the mom restrictive Awl apply. If any phrase or portion of the Ordinance is held
invalid of unconstitutional by any coati of comppetertt jurisdiction. such portion shall be deemed a
seMmic, distinct and independent provision and such holding shall not a4Foct else validity of the
raining portion.
SECTION 19 •- nee9 I MS
This Ordkmnce shad take ef&ct only Won the pautaage of the November 5, 2002
rr*mndum levYing up to 0.25 mills of ad valorem taxes for a period of ten (1 o) years to fund the
is
1ladsrNft added: A.
32
16E12
FWC Contract No. 11071
acquisition of envinnpune Wly sensitivc lhmds and its being filed with the F'imida Deptetmout of
State.
PASSED AND DULY ADOPTED by Ow Board of County Commissioners of Collier
County. Florida this XP " ay of , mi.
Attest:
DWIGHT E. $ROCK, Clair
'•e
Approwd as to Form and Legal Sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M5 /
Ja ' A. Beipedigt ►i"Staat Canty Anorncy
16
1�rdeMled.
33
Thh or 6wice fi%d with "
r tort' of mm's Office the
cbf' of -_
one! ocknowi�dyenynf of tfrot
}Jp received is .Z �Y
Olahi L•
v.�
16E12
FWC Contract No. 11071
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
02DIMM 3 2007 -65
Which was adopted by the Board of County Commissioners
on the 23rd day of October, 2007, during Regular Session.
WITNESS my hand and the official seal of the Hoard of
County Commissioners of Collier County, Florida, this 25th
day of October, 2007.
34
DWIGHT E. BROCK
Clerk of Courtss>4, 4AW -af
Ex- officio to Soa;d, of
County Commis ipios'erss �s
fi
BY: Martha Verga }
Deputy C2er
16E12
FWC Contract No.11071
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