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Backup Document 01/11/2022 Item #16A16
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 1 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP ''`t�'°- �INdkrr + � r‘evwet V iw�MMf>r�d' Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office r\n I Zsa- 4. BCC Office Board of County , Commissioners G67f /S7 //dp,/,. 5. Minutes and Records Clerk of Court's Office r1� 1 �w 1(12(2o2t 0-31r PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Andrew Miller—GMD—Capital Project Contact/ Department Planning, Impact Fees and Program Management Agenda Date Item was 01/1 1/22 Agenda Item Number 16. A. 16. L. Approved by the BCC Type of Document Land Use Agreement—D.E.P. Division of State Number of Original 1 Attached Lands and Collier County Documents Attached PO number or account N/A number if document is to be recorded 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. Does the document require the chairman's original signature 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet./S« Wh u . 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FEB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. 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 5. The Chairman's signature line date has been entered as the date of BCC approval of the C'��C f document or the final negotiated contract date whichever is applicable. �fLU 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FEB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 01/11/2022 and all changes made during FEB N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the FEB N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. k HOU 0C143jACti for plc.& cp by Fa.rron Rem )541-a966 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ! 6A16 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, January 13, 2022 12:44 PM To: 'BevardFarron' Cc: MillerAndrew Subject: RE: Use Agreement#U-0473/Action ID#44365 Collier County Attachments: Land Use Agreement#U-0473.pdf Importance: High Hi Farron & Andrew, Attached is the Land Use Agreement. With the agreement I've included a memo that requests a copy of the fully executed document. That way the Board's records are complete. If you have any questions feel free to call any time. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk tti'.t.�xn, Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com From: BevardFarron <Farron.Bevard@colliercountyfl.gov> Sent:Thursday,January 13, 2022 10:36 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: MillerAndrew<Andrew.Miller@colliercountyfl.gov> Subject: FW: Use Agreement#U-0473/Action ID#44365 Collier County FYI Respectfully, Farron Bevard Crystal K. Kinzel ! b A 16 CUIT COURT& ��Cg �o� Collier County Clerk of the Circuit Court and Comptroller o 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 np QP OQ� C�FR COUNTY.0 January 13, 2022 Bureau of Public Land Administration DEP Division of State Lands Attn: Brad Richardson 3900 Commonwealth Boulevard MS #130 Tallahassee, FL 32399 Re: Use Agreement (Use Agreement #U-0473) Transmitted herewith is one (1) scanned original agreement of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, January 11, 2022, during Regular Session. Once fully executed please e-mail a fully executed copy to the Board's Minutes and Records Department (minutesandrecordsna,collierclerk.com). Very truly yours, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deput Clerk Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 16A16 Martha S. Vergara From: BevardFarron <Farron.Bevard@colliercountyfl.gov> Sent: Thursday, January 20, 2022 9:33 AM To: Richardson, Brad; Pollock, Joel Cc: MillerAndrew; Keehn, Stephen; Martha S.Vergara Subject: RE: Use Agreement#U-0473/Action ID#44365 Collier County Attachments: A-44365-U-0473-Final.pdf Hi Brad- Happy Thursday! Per your request,please see attached. Let us know if you have any further questions or concerns. Have a happy day! Respectfully, Farron Bevard Operations Analyst Coer County We are committed to your success! Growth Management Department Capital Project Planning, Impact Fees & Program Management Division Coastal Zone Management Section Farron.Bevard@colliercountyfl.gov 2685 South Horseshoe Drive,Unit 103 Naples,FL 34104 Office: 239.252.2966 From: Richardson, Brad <Brad.Richardson@FloridaDEP.gov> Sent:Thursday,January 20, 2022 8:28 AM To: BevardFarron <Farron.Bevard@colliercountyfl.gov>; Pollock,Joel <Joel.Pollock@FloridaDEP.gov> Cc: MillerAndrew<Andrew.Miller@colliercountyfl.gov>; Keehn, Stephen<Stephen.Keehn@aptim.com>; Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: RE: Use Agreement#U-0473/Action ID#44365 Collier County EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. 1 16A16 This Use Agreement was prepared by: Joel Pollock Bureau of Public Land Administration Division of State Lands Department of Environmental Protection,MS 130 3900 Commonwealth Boulevard, Tallahassee,Florida 32399-3000 AID#44365 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA USE AGREEMENT Use Agreement No.U-0473 THIS USE AGREEMENT is hereby granted this day o. • , 20 Z by the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,hereinafter referred to as the"GRANTOR",through its lawfully designated agent,the Division of State Lands,State of Florida Department of Environmental Protection,to COLLIER COUNTY,FLORIDA,a political subdivision of the State of Florida,hereinafter referred to as"GRANTEE". WITNESSETH: WHEREAS,the GRANTEE desires to enter and use state-owned uplands for placement of sand from a dredge project. NOW THEREFORE, for the faithful and timely performance of and compliance with the terms and conditions stated herein,GRANTOR does hereby grant to GRANTEE,a use agreement on state-owned lands described below,to wit: (See Attached Exhibit"A")(the"Use Area") subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands,State of Florida Department of Environmental Protection. 2. COMMENCEMENT: This use agreement shall commence on January 19, 2022 ,and end January 2,2023. 3. EXTENT OF AGREEMENT: This use agreement covers the use of state-owned uplands in the upland area more particularly depicted in Exhibit"A"attached hereto,only for the purpose placement of sand from a dredge project and no other use or activity shall be allowed. 16A16 4. USE OF PROPERTY AND UNDUE WASTE: This use agreement shall be non-exclusive. GRANTOR,or its duly authorized agent,shall retain the right to enter the state land covered by this use agreement or engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the state land subject to this use agreement to third parties during the term of this use agreement. GRANTEE shall not commit undue waste to the subject state-owned lands. Upon termination or expiration of this use agreement GRANTEE shall maintain or restore,as necessary,said state land to substantially the same condition as it was upon the effective date of this use agreement. GRANTEE shall not remove water from any source on state lands including,but not limited to,a water course, reservoir,spring,or well,without the prior written approval of the GRANTOR. GRANTEE shall clear,remove and pick up all debris including,but not limited to,mud containers,oil containers,papers,discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRAN1FE shall not dispose of any contaminants including,but not limited to,hazardous or toxic substances, chemicals or other agents produced or used in GRANTEE'S operations,on the state land covered by this use agreement or on any adjacent state land or in any manner not permitted by law. Upon termination or expiration of this use agreement and GRANTEE shall remove all facilities and related structures erected at GRANTEE'S expense. If the lands described in Exhibit"A"are under lease to another agency GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 5. RIGHT OF INSPECTION: GRANTEE hereby agrees that GRANTOR,or its duly authorized agent,shall have the right at any and all times to inspect the works and operation of GRANTEE in any matter pertaining to this use agreement. 6. PROPERTY RIGHTS: GRANTEE agrees and it is hereby expressly stipulated that this use agreement constitutes permissive use only and the placing of facilities and related structures upon public property pursuant to this use agreement shall not operate to create or vest any property right in said holder and shall not conflict with the conservation,protection and enhancement of said lands. 7. LIABILITY: GRANTOR does not warrant or represent that Use Area is safe or suitable for the purpose for which GRANTEE is permitted to use it,and GRANTEE and its agents,representatives,employees,and independent contractors assume all risks in its use. GRANTEE hereby covenants and agrees to investigate all claims of every nature at its own expense and to Page 2 of I I Use Agreement Number U-0473 I 6 A 1 6 indemnify,protect,defend,save and hold harmless GRANTOR and the State of Florida,its officers,agents and employees from any and all damages,claims,costs,expense, including attorney's fees,demands, lawsuits,causes of action or liability of any kind or nature arising out of all personal injury or damages attributable to the negligent acts or omissions of GRANTEE and its agents,officers,and employees.GRANTEE shall contact GRANTOR regarding the legal action deemed appropriate to remedy such damage or claims.The GRANTEE shall maintain a program of insurance covering its liabilities as prescribed by Section 768.28,F.S.Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended from time to time,or any other law providing limitations on claims. In the event GRANTEE subcontracts any part or all of the work performed in the Use Area,the GRANTEE shall require each and every subcontractor to identify the GRANTOR as an additional insured on all insurance policies required by the GRANTEE. Any contract awarded by GRANTEE for work in the Use Area shall include a provision whereby the GRANTEE's subcontractor agrees to indemnify,pay on behalf,and hold the GRANTOR harmless for all injuries and damages arising in connection with the GRANTEE's subcontract. 8. ASSIGNMENT: This use agreement shall nut be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 9. CUTFING OF TREES: The cutting or removal of trees on the state land covered by this use agreement is prohibited. In the event that in the course of its operations it shall become necessary for GRANTEE to cut or remove trees,such trees shall be cut or removed only after prior written approval has been received from GRANTOR through its representative and in accordance with the directions lawfully given by its representative,and title to all portions of trees so felled or removed shall he and remain in GRANTOR. All brush and refuse that is necessarily cut in the course of GRANTEE'S operations shall be handled and disposed of in such a manner as to minimize the danger of fires,all in accordance with said regulations and the directions of the representative of GRANTOR. Trees subject to this provision shall be.except for cypress trees,three inches in diameter or greater in size at a height of forty-eight inches from the ground at the base of the tree. Cypress trees subject to this provision shall be any cypress tree of two inches in diameter or greater in size at a height of forty-eight inches from the ground at the base of the cypress tree. However,in no event shall the indiscriminate cutting down,running over or destruction oftrees or vegetation of any size be allowed. Page 3 of I 1 Use Agreement Number U-0473 i6A16 10. TELEPHONE LINES. DITCHES AND FENCES: All telephone lines, ditches, and fences located within or immediately outside the exterior boundaries of the any state-owned lands shall he protected so far as possible in the conduct of GRANTEE'S operations,and,if damaged by reason of said operations,they shall be repaired immediately by and at the expense of GRANTEE. The representative of GRANTOR may,when in his or her judgment it is necessary to avoid risk of damage by said operations,require GRANITE to move any such telephone lines or fence from one location to an adjacent location without compensation. I I. ROADS.TRAII,s. FIRE LINES: Roads, trails, and fire lines shall at all times be kept free of brush and debris resulting from GRANTEE'S operations hereunder. Any road,trail, or firebreak used by GRANTEE in connection with the permitted operations that is damaged(beyond what would be ordinary wear and tear without such use)shall be repaired promptly by GRANTEE at its expense to its original conditions. GRANTEE shall not build any roads or trails without prior written approval of GRANTOR. If any live trees are damaged through carelessness or by fire caused by the employees or contractors of GRANTEE.GRANTEE shall fully compensate GRANTOR for the damage caused thereby. 12. PREVENTION OF FIRES: GRANTEE agrees to use every reasonable precaution including, but not limited to, Florida Department of Agriculture and Consumer Services.Florida Forest Service(FFS),standards for fire safety on State Forest lands, to prevent the occurrence of forest fires on state lands and to promptly notify the FFS office or nearest of any such occurrence. In the event a forest fire shall commence in the vicinity of GRANTEE'S operations during the period such operations are being conducted, or immediately thereafter, it shall be conclusively presumed that such fire occurred as a result of the operations of GRANTEE, unless the contrary is clearly demonstrated to the satisfaction of GRANTOR by GRANTEE,and GRANTEE hereby agrees to pay GRANTOR for any and all damage caused to state lands by such fire,including but not limited to,costs to suppress such fire;costs for the damage to the timber,trees or other forest products(whether standing,cut or fallen); and costs for the damage to any improvements or personal property thereon,caused by or as a result of such fire. GRANTEE shall,at its expense,replant,restock or reforest any area affected by reason of such fire to the satisfaction of GRANTOR or its lessee. 13. MINERAL RIGHTS: This use agreement does not cover petroleum or petroleum products or minerals and does not give the right to the GRANTEE to drill for ur develop the same. Page 4 of I I Use Agreement Number U-0473 16A16 14. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color,religion,sex,national origin,age.handicaps,or marital status with respect to any activity occurring within the area subject to this use agreement or upon lands adjacent to and used as an adjunct of the lands covered by this use agreement. 15. BEST MANAGEMENT PRACTICES: GRANTEE shall implement applicable Best Management Practices in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, for all of the activities conducted under this use agreement,which have been selected,developed,or approved by GRANTOR or other land managing agencies for the protection and enhancement of the state land covered by this use agreement. 16. ARCHAEOLOGICAL AND HISTORIC SITES: GRANTEE hereby covenants and agrees that execution of this use 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 state-owned lands is prohibited unless prior authorization has been obtained from the Department of State,Division of Historical Resources, 17. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the land included in this use agreement is held by GRANTOR. GRANTF.E shall not do or permit anything to he done which purports to create a lien or encumbrance of any nature against the real property vested in the GRANTOR including, but not limited to, mortgages or construction liens against the real property covered by this use agreement or against any interest of GRANTOR therein. 18. BREACH OF COVENANTS.TERMS,nr CONDITIONS: Should GRANTEE breach any of the covenants,terms, or conditions of this use agreement,GRANTOR shall give written notice to GRANTEE to remedy such breach within thirty days of such notice. In the event GRANTEE fails to remedy the breach the satisfaction of GRANTOR within thirty days of receipt of written notice, GRANTOR may either terminate this use agreement and recover from GRANTEE all damages GRANTOR may incur by reason of the breach, including, but not limited to. costs and attorneys' fees or maintain this use agreement in full force and effect and exercise all rights and remedies herein conferred upon GRANTOR. 19. PARTIAL INVALIDITY: If any term, covenant,condition or provision of this use agreement shall be ruled by a court of competent jurisdiction,to be invalid,void,or unenforceable,the remainder shall remain in full force and effect and shall in no way be affected,impaired or invalidated. 20. NO WAIVER OF BREACH: The failure of GRANTOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this use agreement shall not be construed as a waiver of such Page 5 of 11 Use Agreement Number tJ-0473 16A16 covenants,terms and conditions,but the same shall continue in full force and effect,and no waiver of GRANTOR of 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 GRANTOR. 21. SOVEREIGNTY SUBMERGED LANDS: This use agreement dots not authorize any use of lands located waterward of the mean or ordinary high water line of any lake,river,stream,creek,bay,estuary,or other water body or the waters or the air space thcrcabove. 22. DUPLICATE ORIGINALS: This use agreement is executed in duplicate originals each of which shall be considered an original for all purposes. 23. ENTIRE UNDERSTANDING: This use agreement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 24. TIME: Time is expressly declared to be of the essence of this use agreement. 25. INSURANCE REQUIREMENTS: During the term of this use agreement GRANTEE shall procure and maintain policies of insurance or a certificate of self-insurance for property damage and public liability in amounts not less then S200,000 per person and S300,000 per incident or occurrence f'or personal injury,death and property damage on the state land covered by this use agreement.Such policies or certificate shall name the GRANTEE,GRANTOR and the State of Florida as coinsureds. GRANTF..E shall submit written evidence of having procured all insurance policies or certificate required herein prior to the effective date of this use agreement to the State of Florida Department of Environmental Protection,Division of State Lands, Bureau of Public Land Administration, Mail Station 130,3900 Commonwealth Boulevard,Tallahassee,Florida 32399-3000. GRANTEE shall purchase or have purchased all policies of such insurance from a financially responsible insurer duly authorized to do business in the State of Florida.in lieu of purchasing insurance,GRANTEE may elect to self-insure these coverages. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer,State of Florida. The certificate of self- insurance shall provide for liability and property damage coverage.GRANTEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this use agreement. 26. RIGHT OF'AUDIT: CiRANIEli shall make available to GRANTOR all financial and other records relating to this use agreement and GRANTOR shall have the right to audit such records at any reasonable time. This right shall he continuous Page 6 of I 1 Use Agreement Number U-0473 16A16 until this use agreement expires or is terminated. This use agreement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this use agreement, pursuant to Chapter 119,Florida Statutes. 27. NOTICE: All notices given under this use agreement shall be in writing and shall be served by certified mail including,but not limited to,notice of any violation served pursuant to Section 253.04,Florida Statutes,to the last address of the party to whom notice is to be given,as designated by such party in writing. The GRANTEE and the GRANTOR hereby designate their address as follows: GRANTOR: Department of Environmental Protection Division of State Lands Bureau of Public Land Administration,M.S. 130 3800 Commonwealth Boulevard Tallahassee,Florida 32399-3000 GRANTEE: Collier County Board of Commissioners 2685 South I lorseshoe Drive,Suite 103 Naples,FL 34104 28. COMPLIANCE WITH LAWS: GRANTEE agrees that this use agreement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits,regulations,ordinances,rules,and laws of the State of Florida or the United States or of any political subdivision or agency of either. 29. GOVERNING LAW: This use agreement shall be governed by and interpreted according to the laws of the State of Florida. 30. SECTION CAPTIONS: Articles,subsections and other captions contained in this use agreement are for reference purposes only and arc in no way intended to describe,interpret,define or limit the scope,extent or intent of this use agreement or any provisions thereof: 31. TITLE DISCLAIMER: GRANTOR does not warrant or guarantee any title,right or interest in or to the property described in Exhibit"A"attached hereto. 32. SPECIAL CONDITIONS:The following special conditions shall apply to this use agreement: A. GRANTEE shall meet with the manager of Delnor-Wiggins State Park ("Park Manager") during the preconslruction phase of the initial dredge event.to discuss all activities under this use agreement.Project specifics will include,but arc not limited to,scheduling and notification prior to the initial sand placement event,pipeline location, invasive species contamination control measures, staging area location, parking for contractors, permits for entering the Park after hours, safe passage corridors for visitors,environmental concerns,and access with special regard to Park visitors. The dines and frequency of any future meetings shall be agreed upon by the Park Manager and GRANTEE'S representative prior to the commencement of dredging. Page 7 of I 1 Use Agreement Number(1.0473 16A16 B. GRANTEE shall notify the Park Manager four(4)weeks in advance for any subsequent sand placement events in the Park.Park Manager may require an onsitc preconstruction meeting prior to construction. C. GRANTEE shall follow all of the Park Manager's rules with special regard to vehicular traffic and Park visitors. GRANTEE'S employees,agents and contractors who come to the Park in any matters related to this use agreement must stop at the ranger station upon entering the Park. D. GRANTEE shall work cooperatively with the Park Manager and the district biologist to resolve issues that may arise regarding visitor safety,access and environmental concerns. E. GRANTEE shall comply with all of the special conditions in this use agreement as well as in the Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization Pemtit No.0142538-018-JM and any future and subsequent modifications. F. Whenever possible,GRANTEE shall conduct routine beach disposal operations or pipeline placement between October I and March 1 each year to minimize resource management impacts,including marine sea turtle nesting and shorebird nesting, as well as visitor service programs and access. GRANTOR accepts there will be times and situations that will demand GRANTEE conduct its operations at other times during the year. G. GRANTEE shall build a sand ramp over the pipeline at the beach access area and other places if needed,keeping the line within 20 feet seaward of the toe of the dune. GRANTEE shall also maintain crossings if needed for vehicular and pedestrian access over sections of the pipeline.The number of crossings and locations will be determined on site by GRANTEE and Park Manager. Additional crossings or underpasses for shorebirds may he required in the event that shorebirds nest and fledge young on the landward side of the pipeline. H. GRANTEE shall ensure that all stationary and mechanized equipment that enters the Park is clean and does not contain any soil,plant,or animal remains. This will help prevent exotic or invasive species from entering the Park.The Park Manager shall be responsible for inspecting all equipment prior to entering the Park and deny access for equipment that has not been sufficiently cleaned.For complete decontamination guidelines visit: https:N-www.floridainvasives.org/resources.cfm. I. GRANTEE shall establish and maintain safe work zones by providing signage and fencing as needed to prevent public access to the staging area,the worksite,and areas worked by heavy equipment. J. The transport of heavy machinery to and from the wnrksite along the beach access corridor will not be allowed during high tides and during periods of high visitor use.High tide events might temporarily prevent vehicular access to the beach access corridor.Accordingly,GRANTF.E must consider tidal fluctuations and visitor use patterns when planning construction activities. Page 8 of II Use Agreement Number U-0473 16A , b K. GRANTEE shall ensure that access to the Park or any portion of the Park is not disrupted while construction is underway or at any time during the term of this use agreement. In the event, due to the nature of activities related to the project,it becomes necessary to disrupt access to the Park or a portion of the Park for a limited period of time,GRANTEE,at its own sole cost and expense shall provide a reasonable alternative access to the disrupted areas.The alternative access must also he approved by the Park Manager and district biologist. I.. GRANTEE shall keep fuel in a double walled container with a catch basin and refueling operations will be conducted within the approved staging area only. M. GRANTEE shall help protect Park facilities,plants,and other natural and cultural resources by accessing the Park at the points designated by the Park Manager and driving only on those beach areas as identified by the Park Manager and district biologist. N. Should there be damages caused by accessing the beach.the installation or removal of the pipeline,or by breach of the pipeline during sediment pumping operations, GRANTEE shall restore the affected area to pre-existing conditions at GRANTEE'S sole cost and expense and to the satisfaction of the Park Manager or his or her designee and the district biologist.This may include removal of accidentally deposited materials,restoring grade,and planting native vegetation in the areas of damage. O. GRANTEE shall stop work in the event the Park Manager observes conditions in which the general public or cultural and natural resources are deemed to be in imminent danger.GRANTEE shall be instructed by Park Manager to stop work on that particular activity. The Park Manager will also notify GRANTEE'S contracting officer or project manager if such an event should occur. P. GRANTEE..shall work cooperatively with the Park Manager and district biologist to resolve issues regarding safety, access,or environmental concerns resulting from this project. Q. GRANTEE shall provide at least 90 days advance written notice should GRANTEE wish to extend this use agreement. I Remainder of page intentionally lefi blank;Signature page follows] Page 9 of I 1 Use Agreement Number U-0473 16A16 IN WITNESS WHEREOF,the parties have caused this Use Agreement to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) BY C&2& - Brad ichardson Chi et 13ureau of Public Land Administration 1J7 Division of State bands,State of Florida Department of V Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "GRANTOR" AP OVFZUBM t R1t R EXECUTION: 12-15-2021 DE tomey Date y,:.1nE ATTEST > "�n COLLIER COUNTY,FLORIDA, CRYSTAL I KI ,f • BRKC a political subdivision of the State of Florida By its Hoard of Conn j Commissioners BY.'d Attest as to Cliorm ti's '.1/.. signatuonly. BY: • r , -- Wil'm L.McDaniel,Jr.,Chairman "GRANTEE" �..,;,g yeti• fort and •4 J) -1(11 -'(L Assistant County Attonley Page 10 of I I Use Agreement Number U-0473 Exhibit "A" 16 A 1 6 -,N, 1•••••►6 ' /443._`h! 69LOZOTt9 O31ON SY t�t'4(I•�TO'? _ MIMIC(L99)Xtld MCC WI WI,'N01Vtl tl90Y 71 TZOZ/TE/90 M3IA Ndl• ZOLPL6t(t9G('Nd GP LIls'31TN3AVSS3NONO3L049 � "S '� ,aw$I al .Mww+a YOtb 3u ain .7nJ ssJ S eWUOJ Au r-__.._.---.. (� „+.�._ NS Y[ 9NI' 1 '8 1 �u ! 3 W 11d1/ I ►0I$Uih "'" :a c :hq �•«i,..,.w•ti SSVd sa01Dc aI r I o 113 / CD 7 * , Sie __, :*, R j In -. c o • �.� . - a Ltd o o . ` . 'i 2 0 tit 0_ Z LLI N ce F ..k. il: 'wry••" .:i.., J , ...f / 2p Q Ce Q W E .t I. 1.. 3). 1,1741.‘„?.!.. . CC 5 gi >i-fi W Q 'a;s,' 'ti V1 W ° vl W f f CC • N L I► `\ •i -- W E Q D 2 D O O = U ��..c •s 0 r W g N D f m m U 0. .... 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