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Agenda 06/28/2022 Item #16A 8 (2nd License Agreement for Mangrove Trimming and Monitoring in the vicinity of Lely Barefoot Beach)06/28/2022 EXECUTIVE SUMMARY Recommendation to execute a second License Agreement with the Barefoot Beach Club Condominium Owners Association, Inc., and the County to allow for mangrove trimming and monitoring on County-owned property in the vicinity of Lely Barefoot Beach. OBJECTIVE: To allow for mangrove trimming and monitoring on County-owned property in the vicinity of Lely Barefoot Beach by the Barefoot Beach Club Condominium Owners Association, Inc., (Barefoot). CONSIDERATIONS: On December 11, 2012, the Board of County Commissioners (Board) entered an agreement with the Barefoot Beach Club Condominium Owners Association, Inc., and the Conservancy for the trimming of the mangrove forest on County-owned property in the vicinity of Lely Barefoot Beach. The existi ng agreement is set to expire on December 11, 2022, and the Condominium Owners Association is seeking to establish a second License Agreement (Attachment “A”), for another ten -year time frame. Unlike the initial agreement, the Conservancy is not a party to the agreement. Staff is supportive of the proposed trimming subject to the attached License Agreement. The Barefoot Beach Club Condominium Owners Association, Inc., has already obtained a Florida Department of Environmental Protection Permit for the trimming of approximately 2.64 acres of mangroves. The trimming will be conducted according to the requirements of this permit. Staff has reviewed and is supportive of the proposed trimming and monitoring activities. In addition to the trimming, Barefoot shall perform periodic maintenance of the area including the removal of any invasive exotic vegetation and of any debris or trash material on County property. FISCAL IMPACT: There is no negative impact to the County. The County benefits by having Barefoot maintain the County property and manage the mangrove forest. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A majority vote is necessary for approval. (HFAC) RECOMMENDATION: That the Board of County Commissioners approve the proposed License Agreement to the Barefoot Beach Club Condominium Owners Association, Inc. Prepared by: Mike Bosi, Director, Planning & Zoning, Growth Management Community Development ATTACHMENT(S) 1. License Agreement - Barefoot Beach Club Condominium (PDF) 2. Exhibit 1 - County Property (00146779xE1F64) (PDF) 3. Exhibit 2 - Barefoot Property (PDF) 16.A.8 Packet Pg. 417 06/28/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 22327 Item Summary: Recommendation to execute a second License Agreement with the Barefoot Beach Club Condominium Owners Association, Inc., and the County to allow for mangrove trimming and monitoring on County-owned property in the vicinity of Lely Barefoot Beach. Meeting Date: 06/28/2022 Prepared by: Title: Zoning Director – Zoning Name: Mike Bosi 05/24/2022 1:55 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 05/24/2022 1:55 PM Approved By: Review: Zoning Mike Bosi Zoning Director Review Skipped 05/24/2022 1:55 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 05/25/2022 6:29 PM Growth Management Department Diane Lynch Growth Management Department Completed 06/06/2022 4:15 PM Growth Management Department Mike Bosi Transportation Skipped 05/24/2022 1:47 PM Growth Management Department James C French Growth Management Completed 06/06/2022 4:54 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/07/2022 10:34 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/07/2022 10:38 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2022 4:14 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/10/2022 3:36 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/20/2022 11:01 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM 16.A.8 Packet Pg. 418 16.A.8.a Packet Pg. 419 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 420 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 421 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 422 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 423 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 424 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 425 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 426 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) 16.A.8.a Packet Pg. 427 Attachment: License Agreement - Barefoot Beach Club Condominium (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) V.i*— \• \ \CI o \\N ^0 200 400 v"\S—"SCALE FEET %% *>\ \ \/-Jo o,fc--\XT" \i /"_I \<%>,.V «'.1 o -i. C~i.f-io I I 'r - I :- VWLegend i\ \Edge of Mangrove Area n* t,Property Boundary Line \ %'I €;_ Cotnty Property -No Mangrove Trimming Mangrove Trimming eittm Comty Property \; PFBMJT USB ONLY, NOT FOB CONSTBUCTION November 08,2012 2:12*37 p.m. Drawing:88CA1 EXHIBIT 1.DW6 i mW.DEXTER BENDER 8c ASSOCIATES,INC.Exhibit 1 County Property ENVIRONMENTAL &MARINE CONSULTING EORT MYERS,FL (S39J 334-3680 16.A.8.b Packet Pg. 428 Attachment: Exhibit 1 - County Property (00146779xE1F64) (22327 : Lely Barefoot Beach Mangrove Trimming Agreement) EXHIBIT 2 –BAREFOOT PROPERTY North 16.A.8.c Packet Pg. 429 Attachment: Exhibit 2 - Barefoot Property (22327 : Lely Barefoot Beach Mangrove Trimming Agreement)