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CCLAAC Agenda 01/04/2023AGENDA CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE January 4, 2023, 1:00 P.M. Commission Boardroom W. Harmon Turner Building (Building “F”), Third Floor All interested parties are invited to attend, and to register to speak. Individuals who would like to participate in person must complete and submit a speaker form. Members of the public who would like to participate remotely, should register HERE to fill out the online speaker registration form. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. Individuals who register online will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Summer Araque at (239) 252-2979 or email to: ConservationCollier@colliercountyfl.gov 1. Roll Call A. Approval of CCLAAC Members attending the meeting remotely 2. Approval of Agenda 3. Approval of December 7, 2022, Meeting Minutes 4. Old Business A. Acquisition Cycle 10 Purchase Agreements 1. Dr. Robert H. Gore III Preserve project a. Craparo b. Fleming 2. Red Maple Swamp Preserve project a. Castillo 3. Winchester Head Preserve project a. Trofatter B. Acquisition Cycle 10 Updates C. Affirmation of Cycle 11B Ranking List for BCC Review Note: CCLAAC will be requested to vote on allocation of funds for the Multi-parcel project areas. Otherwise, no revisions to the Ranking List are proposed. This agenda item is review of the list to ensure the vote by the CCLAAC on December 7, 2022 was accurately captured. 5. New Business A. Vote for Chair and Vice-chair B. Committee Member Application(s) C. Land Management Plan reviews 1. Rattlesnake Hammock Preserve Final Management Plan 6. Coordinator Communications A. BCC Items B. Member Recognition C. Miscellaneous Items 7. Subcommittee Reports A. Lands Evaluation & Management – Chair, Bill Poteet –next meeting February 2023 B. Outreach – Chair, Brittany Patterson-Weber –next meeting January 20, 2023 C. Ordinance Policy and Rules – Chair, Michele Lenhard - last meeting June 1, 2022 8. Chair and Committee Member Comments 9. Public General Comments 10. Staff Comments 11. Next Meeting – February 1, 2023 12. Adjourn ****************************************************************************************************** Committee Members: Please notify Summer Araque at 252-2979 no later than noon Tuesday, January 3, 2023, if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item. December 7, 2022 MINUTES OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE MEETING Naples, Florida, December 7, 2022 LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3ra Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN: Bill Poteet Michele Lenhard Gary Bromley Brittany Patterson -Weber David Corban Karyn Allman Ron Clark Rhys Watkins John Courtright ALSO PRESENT: Summer Araque, Conservation Collier Program Coordinator Sally Ashkar, Assistant County Attorney Melissa Hennig, Environmental Specialist Christal Segura, Sr. Environmental Specialist (Zoom) 1 December 7, 2022 1. Roll Call Chairman Poteet called the meeting to order at 1:00P.M. Roll call was taken and a quorum was established with 8 Members present in the Boardroom. A. Approval of CCLAAC Members attending the meeting remotely Not applicable — No Members participated via Zoom 2. Approval of Agenda Mr. Watkins moved to approve the Agenda subject to removing Item 6.A - Review of Exceptional Benefits Ordinance. Second by Ms. Patterson -Weber. Carried unanimously 8 — 0. 3. Approval of Meeting Minutes A. November 2, 2022, Regular CCLAAC Meeting Ms. Lenhard moved to approve the minutes of the November 2, 2022 as presented. Second by Ms. Allman. Carried unanimously 8 — 0. 4. Coordinator Communications A. Committee Member application(s) up for renewal Ms. Araque reported 2 Committee Members terms are expiring and any interested individual should file an application by December 23rd to be considered for a recommendation by the Committee at the January meeting. B. BCC Items Ms. Araque reported at the Sale and Purchase Agreements for Cycle 11 will be considered at the 12/13/22 and 1/10/23 Board of County Commissioner meetings. C. Miscellaneous Items Ms. Araque reported Staff will be proposing changes to the 2023 meeting dates due to scheduling conflicts. 5. Old Business A. Acquisition Cycle 10 Purchase Agreements The following Sale and Purchase Agreements were approved under one motion but listed separately for recording purposes. The Committee requested Staff to make any revisions to dates cited in the agreements as necessary. 1. Dr. Robert H. Gore III Preserve project a. Quevedo Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.14acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $28, 650 (Quevedo) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $28, 650 (Quevedo). Second by Mr. Bromley. Allman. Carried unanimously 8 — 0. b. Zani 2 December 7, 2022 Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $28, 650 (Zani) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $56,000 (Zani). Second by Mr. Bromley Carried unanimously 8 — 0. c. Charles Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $25, 700 (Charles) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $25, 700 (Charles). Second by Mr. Bromley. Carried unanimously 8 — 0. 2. Panther Walk Preserve project a. Salgado Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $74, 600 (Salgado) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for Z 73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $74, 600 (Salgado). Second by Mr. Bromley. Carried unanimously 8 — 0. b. Sparkman Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $33, 700 (Sparkman) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $33, 700 (Sparkman). Second by Mr. Bromley. Carried unanimously 8 — 0. c. Lopez -Rodriguez Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $43, 650 (Lopez -Rodriguez) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.59 acres under the Conservation Collier Land 3 December 7, 2022 Acquisition Program, at a cost not to exceed $43,650 (Lopez -Rodriguez). Second by Mr. Bromley. Carried unanimously 8 — 0. 3. Red Maple Swamp Preserve project a. Guerra Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $21,100 (Guerra) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $21,100 (Guerra). Second by Mr. Bromley. Carried unanimously 8 — 0. 4. Winchester Head Preserve project a. Casasierra Realty Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $29,100 (Casasierra Realty, LLC.) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $29,100 (Casasierra Realty, LLC). Second by Mr. Bromley. Carried unanimously 8 — 0. b. Ruben Trust Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,500 (Ruben Trust) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,500 (Ruben Trust). Second by Mr. Bromley. Carried unanimously 8 — 0. c. Toro Trust Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,500 (Toro Trust) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,500 (Toro Trust). Second by Mr. Bromley. Carried unanimously 8 — 0. d. Fesser El December 7, 2022 Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $57, 600 (Fesser) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners approve an Agreement for Sale and Purchase for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $57,600 (Fesser). Second by Mr. Bromley. Carried unanimously 8 — 0. Mr. Corban arrived at I:16pm B. Acquisition Cycle 10 Updates Ms. Araque noted: • The County acquired the HHH Ranch 256 parcel on November 14th and will begin working on the Interim Management Plan. • The purchase offer for the Blocker parcel was accepted by the owner • Staff continues to process Purchase and Sale Agreements for the properties approved for acquisition. • The owners of Big Hammock I declined the County's offer and withdrew Parcel II for consideration. C. Conservation Collier Cycle Timeline revisions Ms. Araque presented the "Biannual Cycle Timeline 2022 — 2024" for consideration. She provided an overview of the timelines noting properties for Cycle 12B will be ranked in the spring of 2024. Speaker Brad Cornell, Audubon of the Western Everglades expressed concern on the Cycle timeline being extended into 2024 given the current state of the real estate market and owners who want to sell properties over the short term. Ms. Patterson -Weber moved to approve the "Biannual Cycle Timeline 2022 — 2024" as presented by Staff. Second by Ms. Lenhard. Ms. Lenhard noted there are many tools available for acquisition, especially for multi parcel areas and the schedule would easier navigate given how busy the County is at this point in time. The Committee is aware expediting the process is beneficial to the program. Motion carried unanimously 9 — 0. 6. New Business A.1 Lie — Nancy Payton Preserve TPMA Ms. Hennig presented the "Initial Screening Criteria Form " for the above referenced parcel. The property is 0.50 acres and located off Blue Sage Dr., adjacent to the Nancy Payton Preserve. The property satisfies 4 Initial Screening Criteria. Ms. Allman moved for the application to move forward in the acquisition process and for Staff to prepare an Initial Screening Criteria Report. Second by Ms. Patterson -Weber. Carried unanimously 9 — 0. 5 December 7, 2022 During Committee discussion it was noted the application will be immediately forwarded to the ICSR phase and ranked at today's meeting. Any requirements for environmental remediation would be determined following the ranking process. B. Initial Criteria Screening Report (ICSR) reviews 1. Owl Hammock — Collier Land Holdings Ms. Hennig presented the "Conservation Collier Land Acquisition Program Initial Criteria Screening Report for Owl Hammock. " The properties are located on SR 29, 7,378 acres in size, received a score of 300 out of 400 and have an estimated value of $29,512,000. During Committee discussion it was noted: • Staff will determine the status of any cattle leases for the property. • April Olsen of the Conservancy of Southwest Florida provided an email outlining their objection to the property being considered for acquisition. The objections are based on a major portion of the property already being subject to environmental protection measures at no cost to the taxpayers — The Committee noted the comments will be considered during the ranking process. • The County does partnership with FWC on funding for removing invasive species which would be beneficial in managing a property of this nature. 2. Frank/Hothersall Ms. Hennig presented the "Conservation Collier Land Acquisition Program Initial Criteria Screening Report for the Frank/Hothersall parcel. " The property is located South of I75 east of Newman Drive, 179.78 acres in size, received a score of 247 out of 400 and has an estimated value of $537,000. During Committee discussion it was noted • The State is interested in purchasing the parcel depending on the cost however they tend to offer less than market value for properties where the Conservation Collier offers fair market value. Joint funding is not possible between the parties because the state will not allow for joint title on properties. One option to consider is if the property is placed on the A list, an appraisal will be obtained and the information could be provided to the State to determine their interest in making an offer on the parcel. 3. Sit/Williams/Chew and Lie - Nancy Payton Preserve TPMA Ms. Hennig presented the "Conservation Collier Land Acquisition Program Initial Screening Criteria Report for the Sit/Williams parcel. " The properties are located adjacent to the Nancy Payton Preserve on Blue Sage Drive, 3.5 acres (Sit/Williams/Chew), 0.5 acres (Lie), received a score of 240 out of 400 (Sit/Williams/Chew) and 215 out of 400 (Lie) and have an estimated value of $300,000 (Sit/Williams/Chew) and $40,000 (Lie). 4. Buckley — Nancy Payton Preserve TPMA Ms. Hennig presented the "Conservation Collier Land Acquisition Program Initial Screening Criteria Report for the Buckley parcels. " The property is located east of the Nancy Payton Preserve, 80 acres, received a score of 272 out of 400 and has an estimated value of $640,000. C December 7, 2022 During Committee discussion it was noting there is no access to the parcel however the adjacent property owners or South Florida Water Management District could be contacted to determine the feasibility of obtaining an easement. 5. Khoury - Otter Mound TPMA Ms. Hennig presented the "Conservation Collier Land Acquisition Program Initial Screening Criteria Report for the Khoury parcel. " The property is located 1001 West Inlet De. Marco Island, 0.43 acres in size, received a score of 260 out of 400 and has an estimated value of $720,000. C. Acquisition Cycle 1113 Property Summary, Public Comments, and Ranking The Committee will be taking Public Comments in advance of the Ranking. Public speakers may speak on any or all of the properties on the Cycle IIB Property list: Ms. Araque presented the PowerPoint "Cycle IIB Property Summary, December 7, 2022 Conservation Collier Land Acquisition Advisory Committee" and provided an overview of the properties under consideration for ranking. The following was noted during the presentation: Brewer The owner has requested restricting public access to the property due to Swallow Kite nesting as a condition of sale and may even request prohibition of construction of a viewing stand on the periphery of the parcel. Staff noted if acquisition of the property moves forward, staff from the Avian Research Institute would be engaged to determine any impacts of public activity and provide recommendations on any proposed amenities or access. Owl Hammock The cost of acquiring the parcel is substantial ($29M +/-) and the feasibility of a phased purchase should be discussed with the owner. Relevant Radio and Connection Investors Staff noted their recommendation on Relevant Radio being placed on the A list and Connection Investors on the B list revolves are around access issues and the ability of the towers to be consolidated on the Relevant Radio parcel. Multi Parcel Proiects The Committee discussed multi parcel projects and avenues available to fund purchase of the lots over time. The following was noted: • The current concept is utilizing any remaining budgetary funds in a year to acquire the properties and concern there may not be adequate funds available when the need to purchase a property arises. • Consideration could be given to reserving a portion of funds annually dedicated to the projects or defining a specific acreage to acquire during the time frame. • The topic may be better suited for Subcommittee discussion with today's focus being on any additional areas which may want to be deemed multi parcel projects. Ms. Araque provided an overview of the ranking process noting: • The Committee will rank properties to be placed on the A, B, or C list. 7 December 7, 2022 • An A list property will be prioritized with a 1, 2, or 3 designation with Staff immediately focusing on acquisition of the A-1 properties. • Those properties placed on the B list will move forward to the next ranking Cycle if the owner so desires. • Those placed on the C list will not be considered for acquisition and an owner would be required to re -apply for consideration. • The final list as developed by the Committee will be approved and forwarded to the Board of County Commissioners for consideration. • A Staff recommendation sheet has been provided to the Committee Members for their use in ranking the parcels. • Public comments will be heard prior to ranking the properties. Ms. Hennig noted Staff was contacted by the Florida Wildlife Corridor Project on their interest in locating donors for Panther Walk and Big Hammock. Speakers Richard Blonna, Marco Island City Council expressed support for the acquisition of the Khoury property which would double the size of Otter Mound Preserve and the parcel is highly vulnerable to development. Brad Cornell, Audubon of the Western Everglades noted he supports all of Staff s recommendations on the ranking. He recommends acquisition of the Owl Hammock property as certain areas are vulnerable to development where 205 homes could be built. Construction of the homes would severely impact wildlife habitat given the upland lands are utilized by the Florida Panther. Acquisition would also facilitate the ability for FDOT to construct a wildlife underpass as both sides of the road need to be lands in conservation. Although the lands across the road are not currently in conservation, movement is underway to address the issue. Additionally, the acquisition would remove lands available for development credits under the Rural Lands Stewardship Area (RLSA) program allowing for a smaller developmental impact of the region. Meredith Budd, Florida Wildlife Federation agreed with Mr. Cornell's comments on Staff recommendations and Owl Hammock. Owl Hammock is not fully protected as the RLSA is a voluntary opt in program. Developing 10 percent of the lands with 205 homes would promote sprawl development in the area and multiyear purchase phasing alternative could be investigated. Patrick Utter, CDC Land Holdings, representing the owner of Owl Hammock noted the RLSA is an option for the parcel however under the current format, 205 homes could be constructed on the lands. There is demand for property in the area by private entities however they have no formal plans for the property. A phased sale to the County would be considered and agrees if the County acquires the property, it will reduce the overall developable footprint in the RLSA. Ms. Hennig reported Staffs reasoning the property be placed on the A list include the lands being highly environmentally sensitive, vulnerable to impacts associated with allowable agricultural uses, HSA's and FSA's are target protection areas under the Conservation Collier ordinance, and any reduction in development due to environmental overlays would be addressed in the appraisals. The Committee ranked the properties by straw poll on the A, B or C List with those on the A list prioritized 1, 2 or 3. 1. Brewer The property was placed on the 4-3 list. December 7, 2022 2. Frank/Hothersall — Picayune State Forest The property was placed on the C list. 3. Owl Hammock — Collier Land Holdings The property was placed on the A -I list. 4. Dr. Robert H Gore II Preserve Project (102 parcels) The properties were placed on the A -list as the Committee deemed the area a multi parcel project. 5. McIlvane Marsh Project (2 owners) The Connection Investors property was placed on the B list. The Relevant Radio property was placed on the A-3 list. 6. Nancy Payton Preserve Project (3 owners) The Sit/Williams/Chew properties were placed on the A -I list. The Lie property was placed on the A-1 list. The Buckley property was based on the A-2 list. 7. North Belle Meade TPMA — Hoffman The property was placed on the B list. 8. Otter Mound Preserve Project — Khoury The property was placed on the A-1 list. 9. Panther Walk Preserve Project (193 parcels) The properties were placed on the A -list as the Committee deemed the area a multi parcel project. 10. Pepper Ranch Preserve Project — English Trust The property was placed on the A-2 list. 11. Shell Island Preserve Project — Dredge Management (fka Magdalener) The property is on the A-3 list. 12. Preserve Expansion parcels a. Dr. Robert H Gore II Preserve (58 parcels) The Committee deemed this area a multi parcel project and to be placed on the A list. b. Panther Walk Preserve (I I parcels) The Committee deemed this area a multi parcel project and to be placed on the A list. 13. Multi -parcel Projects a. Red Maple Swamp (23 parcels) The Committee noted Red Maple Swamp is already deemed a multi parcel project and on the A list. E December 7, 2022 b. Winchester Head (38 parcels) The Committee noted Winchester Head is already deemed a multi parcel project and on the A list. Ms. Patterson -Weber moved to approve the Cycle 11B Ranking List developed by the Committee as determined above. Second by Mr. Corban. Carried unanimously 9 — 0. 7. Subcommittee Reports A. Lands Evaluation & Management — Chair, Bill Poteet — Last Meeting November 7, 2022 Chairman Poteet reported the Subcommittee discussed the Rattlesnake Management Plan and provided a recommendation for the Committees consideration. B. Outreach — Chair, Brittany Patterson -Weber — Last Meeting November 14, 2022 Ms. Patterson -Weber noted a meeting will be held in January. C. Ordinance Policy and Rules — Chair, Michele Lenhard- Last Meeting June 1, 2022; no meetings scheduled (none needed at this time) 8. Chair Committee Member Comments Chairman Poteet thanked all involved for their participation in the process. 9. Public General Comments None 10. Staff Comments Ms. Araque noted the March 2023 meeting will be held on March 81h and Members will be contacted via email for their availability alternate July meeting dates. 11. Next Meeting Date January 4, 2023 at 1:OOpm. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 4:32P.M. Conservation Collier Land Acquisition Advisory Committee William Poteet, Chairman These minutes approved by the Board/Committee on as presented or as amended 10 CCLAAC EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 1.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,750 (Craaaro). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Stephen Craparo (Seller). CONSIDERATIONS: The Seller's property contains 1.64 acres and is located the Dr. Robert H. Gore III Preserve located off Desoto Blvd. The property is within Golden Gate Estates, Unit 91. The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the estimated value of the property is less than $500,000.00, one appraisal report will be obtained, and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing Policy, the purchase price of $44,000 was based upon one (1) independent, state -certified general real estate appraisal firm. The total cost to obtain appraisals for parcels in this area was $3,900. FISCAL IMPACT: The total cost of acquisition will not exceed $44,750 ($44,000 for the property, and approximately $750 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 24, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $113,088,247. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $414/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Real Property Management, Department of Facilities Management CCLAAC — Craparo Conservation Collier Land Acquisition Program Project Design Report Craparo Property Date: October 2022 Property Owner: Stephen Craparo Folios : 41506760007 Location: GOLDEN GATE EST UNIT 91 N 105FT OF TR 75 Size: 1.64 acres Appraised Value: $44,000 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/9/22 1/25/2022 9/22/2022 10/11/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is adjacent to the Dr. Robert H. Gore III Preserve. The Craparo parcel was considered due to its proximity to an existing Conservation Collier preserve. The Craparo project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 38t' Ave. SE and Desoto Blvd. S. — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. 1 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Craparo parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $820 $656 $656 $656 $410 Signage $200 Total $1,020 $656 $656 $656 $410 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N Q CRAPARO, STEPHEN Dr. Robert Gore III Preserve Property Owner Accepted Offer CON ATION � LLIER Coev County .�✓.A� r K M*.�. 4- i6 �.�. S Y 1:e � 44 �• .tea ��` � gi.u,Ces"by''%' �3 4 L7xr, •_' s � it .�1},�. . 'rp• M yl `�ey�. 4y •, �' i •� `M!^ +�4.: _ � iC � ^'�,�. � ,. -' . an r.n Y I 15 I tus"". Y � • '� � =R.+ � `��S` .d�g; - � "" '-• rye t.. � �P� ' �a �l�T y ` _ ;K � r v 4 � v , R A A R CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41506760007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between STEPHEN CRAPARO, a married person, whose address is 3451 7tn Avenue NW, Naples, FL 34120-1605, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Forty - Four Thousand Dollars and 001100 dollars ($44,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office. Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: ��O CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41506760007 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seiler the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4,011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER- 41506760007 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41506760007 improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41506760007 Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing, VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX, TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41506760007 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41506760007 local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10,022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall CONSERVATION COLLIER TAX IDENTIFICATION NUMBER, 41506760007 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CFRCLA" or "Superfund"), which was amended and upgraded by the Super -fund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 01111111111111111►[HIrem, 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Stephen Craparo 3451 7th Avenue NW Naples, FL 34120-1605 Telephone number: 239-206-9964 Fax number: NIA 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41506760007 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13,06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13,07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. GNU CONSERVATION COLLIER TAX IDENTIFICATION NUMBER- 41506760007 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any forge or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., Chairman 10 01/01/2007 00:21 2393527316 ORAPARO SCHMIDT FAX PAGE 02 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41506760007 AS TO SELLER: DATED: I �141�, WITNESSES: t4�,, e-�� jq6,�, &zt�v� (Signature) ,[' ST HEN CRAPARO n1 (Printed Name) (Signature) il / l (Printed Name) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41506760007 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41506760007 LEGAL DESCRIPTION: THE NORTH 105 FEET OF THE NORTH 180 FEET OF TRACT 75, GOLDEN GATE ESTATES, UNIT NO. 91, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 30, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.64 acres 12 G� CCLAAC EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 1.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $39,700 (Flemina). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Albert N. Fleming and Linda M. Fleming (Seller). CONSIDERATIONS: The Seller's property contains 1.64 acres and is located the Dr. Robert H. Gore III Preserve located off Desoto Blvd. The property is within Golden Gate Estates, Unit 91. The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the estimated value of the property is less than $500,000.00, one appraisal report will be obtained, and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing Policy, the purchase price of $39,000 was based upon one (1) independent, state -certified general real estate appraisal firm. The total cost to obtain appraisals for parcels in this area was $3,900. FISCAL IMPACT: The total cost of acquisition will not exceed $39,700 ($39,000 for the property, and approximately $700 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 24, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $113,088,247. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $414/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Real Property Management, Department of Facilities Management CCLAAC — Fleming Conservation Collier Land Acquisition Program Project Design Report Fleming Property Date: October 2022 Property Owner: Albert N and Linda M Fleming Folios : 41507000009 Location: GOLDEN GATE EST UNIT 91 N 105FT OF TR 77 Size: 1.64 acres Appraised Value: $39,000 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/9/22 1/25/2022 9/22/2022 10/11/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is adjacent to the Dr. Robert H. Gore III Preserve. The Fleming parcel was considered due to its proximity to an existing Conservation Collier preserve. The Fleming project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from Desoto Blvd. S. — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. 1 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Fleming parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $820 $656 $656 $656 $410 Signage $200 Total $1,020 $656 $656 $656 $410 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N Q FLEMING, ALBERT N & LINDA M Dr. Robert Gore III Preserve Property Owner Accepted Offer CON ATION � LLIER Coev County 0 0.1 FLEMING,ALBERT N & LINDAM Dr. Robert H. Gore III Preserve Property Owner Accepted Offer i►vnrm 4 CC)NCiWATION C LL"R Coi[ier County CONSERVATION COLLIER TAX IDENTIFICATION NUMBER, 41507000009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ALBERT N. FLEMING and LINDA M. FLEMING, his wife, whose address is 478 Shubuta Eucutta Road, Shubuta, MS 39360 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). UTA0Ai<1W�YMl� WHEREAS, Seiler is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty - Nine Thousand Dollars and 001100 dollars ($39,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE". "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Cpp CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41507000009 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. ��O CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41507000009 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4,012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an G�� CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41507000009 improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement. ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. G�,O CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41507000009 Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law Or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding, 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and t110 C., CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41507000009 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or ��0 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41507000009 local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction Of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall C'p CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 415070000013 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Albert N. & Linda M. Fleming 478 Shubuta Eucutta Road Shubuta, MS 39360 Telephone number: Fax number: N/A 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. G�,o CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41507000009 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. E/III ►■�il097��I=Tr•Ix�l�� 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seiler is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. CIN(ti CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41507000009 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC - AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., Chairman CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41507000009 AS T4 SELLER: DATED: 3 0 2--) WITNESSES: "s-A4 clg� (Signature) A l� -� co A 1/* Glem (Signature) (Panted Name) ALBERT N FLEMING t2W. Y,4,14LD /LINDA M FLEMINGi CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41507000009 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41507000009 LEGAL DESCRIPTION: THE NORTH 105 FEET OF THE NORTH 180 FEET OF TRACT 77, GOLDEN GATE ESTATES, UNIT NO. 91, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 30, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.64 acres 12 L EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 5.41 acres within the Red Maple Swamp Preserve Multi -parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $90,300 (Castillo). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Jose F. Castillo and Jorge F. Castillo, as tenancy in common (Sellers). CONSIDERATIONS: On January 25, 2022, Agenda Item 11A, the Board of County Commissioners (Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 10 Active Acquisition List (AAL), with changes. A multi -parcel project included on the Cycle 10 - AAL and ranked in the "A" category was a portion of Unit 53 in Golden Gate Estates (Red Maple Swamp Multi -parcel Project). On September 22, 2022, staff made offers to the remaining property owners within the Project. The Red Maple Swamp Preserve Multi -parcel Project consists of 108 parcels and a total of 305.80 acres. To date, Conservation Collier has acquired 83 parcels consisting of a total of 236.26 acres. The appraisal dated September 2022 provided an averaged appraised value for parcels within the Project at $16,500 an acre. On September 21, 2022, new offers were sent to twenty-five (25) property owners based on new appraisals within the Project. The cost to obtain new appraisals was $2,500. The Sellers' property contains a total of 5.41 acres and is located within the Project. The land cost for the 5.41-acre parcel is $89,300. FISCAL IMPACT: The total cost of acquisition will not exceed $90.300 ($89, 300 for the property and approximately $1,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 24, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $113,088,247. Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $272/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Division of Facilities Management CCLAAC — Castillo Conservation Collier Land Acquisition Program Project Design Report Castillo Property Date: October 2022 Property Owner(s): Jose F and Jorge F Castillo Folio: 39540240003 Location: GOLDEN GATE EST UNIT 53A TR 47 Size: 5.41 acres Appraised Value: $89,300 History of Proiect: Selected for the "A" category, AAL most recently Letter sent to Offer #1 priority, on the Active approved by BCC Winchester Accepted Acquisition List (AAL) by Head owners CCLAAC 12/15/04 1/25/2022 9/21/22 10/03/22 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Red Maple Swamp multi -parcel project, which includes the 5.41-acre Castillo parcel, was first approved by the Board for acquisition as an "A" List multi -parcel property in January 2005, and then confirmed again most recently in January 2022. Red Maple Swamp/NGGE Unit 53 is an undeveloped Unit within the North Golden Gate Estates (NGGE) incorporating 305.80 acres and 108 parcels. Conservation Collier has acquired 83 parcels totaling 236.26 acres and currently owns 77% of lands within the project area. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re -growth over a historic farm field (approximately 100 acres) on the western side of Unit 53. This parcel is not within the old farm field area as it is located on the eastern side of Unit 53. Exotic invasive plants Brazilian pepper and Japanese climbing fern make up anywhere from 35% to 45% of the vegetation and exist throughout the parcel. Listed wetland dependent birds, including wood storks, snowy egrets, ibis and little blue herons have been observed during site visits to this area. No listed wildlife species have been observed; however, the entire unit is considered part of Primary Zone panther habitat by the U.S. Fish and Wildlife Conservation Commission. Deer and Florida Black bears have been observed in the area. In addition to protecting wetlands and listed species habitat, another important reason for the selection of Red Maple Swamp as a conservation target is that it is connected on its north and west sides with the 60,000-acre Florida Forever Corkscrew Regional Ecosystem Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery Swamp, Flint Pen Strand and Audubon's Corkscrew Swamp Sanctuary. Through them, Red Maple Swamp (and this parcel) connects with the Pepper Ranch and Caracara Prairie Preserves, private mitigation lands and lands protected under the County's Rural Lands Stewardship Program. Conservation Collier acquisitions within NGGE Unit 53 enhance, protect, and buffer these already conserved lands. Zoning, Growth Management and Land Use Overlays: The Red Maple Swamp project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Removal of exotic plants, construction of trails, and signage are projected management activities. An Interim Management Plan (IMP) has been drafted, approved and is updated every two (2) years. A final management plan will be developed once enough contiguous parcels have been acquired to make management actions cost effective. Currently, 131.4 acres of the preserve are under management for exotic plants. Red Maple Swamp is adjacent to Bird Rookery Swamp, where a 1,200-foot boardwalk has been built and nearly 12 miles of hiking trails have been created by South Florida Water Management District (SFWMD). Staff will coordinate with SFWMD and neighboring communities when planning for public access to Red Maple Swamp lands. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, 41 st Ave NW, an unpaved limerock road, provides access and the only parking is along the road right-of-way. Minimal management activities, like regular visitation, inspection and trash removal are currently being accomplished by staff. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $2,600 $1,300 $1,300 $1,300 $650 Signage $200 Total $2,800 $1,300 $1,300 $1,300 $650 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Miles Q CASTILLO, JOSE F Red Maple Swamp Preserve Property Owner Accepted Offer ATIgN I LLIER CONSERVATION COLLIER Property Identification No. 39540240003 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JOSE F. CASTILLO and JORGE F. CASTILLO, AS TENANCY IN COMMON, whose address is 120 W 5611 St, Hialeah. FL 33012-2737, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County; State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Eighty Nine Thousand Three Hundred Dollars and 001100 dollars ($89,300.00), (U.S. Currency) payable at time of closing. inw.]It■]y100 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Manager of the Real Property Management or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional 60 days without further approval by the Board of County Commissioners. The CONSERVATION COLLIER Property Identification No. 39540240003 Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, 8"1 Floor, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seiler closing statement. 3.0113 A "Gap," Tax Proration, owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A wire transfer or negotiable instrument in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seiler and to issue the owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear CONSERVATION COLLIER Property Identification No. 39540240003 Seller's title to the Property. The cost of the Owner's Farm B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.91 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1979) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any abjection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any CONSERVATION COLLIER Property Identification No. 39540240003 change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway; within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.91 Purchaser shall have one hundred and twenty (129) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.62 if Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. ��o CONSERVATION COLLIER Property Identification No. 39540240003 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PROBATIONS 8.01 Ad valorem taxes next due and payable, after closing an the Property, shall be prorated at Closing based upon the gross amount of 2017 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIE 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller. within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 he parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIE 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seiler is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. CONSERVATION COLLIER Property Identification No. 39540240003 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seiler and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seiler represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were CONSERVATION COLLIER Property Identification No. 39540240003 located on the Property at any time during or prior to Seller's ownership thereof Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws. ordinances, codes or regulation with which Seller has not complied. 10,010 There are no unrecorded restrictions. easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment. service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor. proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10,022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. CONSERVATION COLLIER Property Identification No. 39540240003 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with. but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Super -fund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder. shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sale risk and expense. XI. NOTICES 11.01 Any notice, request. demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows - If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number- 239-252-8876 If to Seller: Jose & Jorge Castillo 120 VV 561" St Hialeah, FL 33012-2737 Telephone number: 786-251-6920 Fax number 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or CONSERVATION COLLIER Property Identification No. 39540240003 addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 1201.Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative. in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.05 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. CONSERVATION COLLIER Property Identification No. 39540240003 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to fund availability and future appropriation. Should the funds not be available or able to be used prior to closing the Purchaser or Seller may immediately terminate this agreement without any payment of any kind to Seller. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., Chairman 10 CONSERVATION COLLIER Property Identification No. 39540240003 AS TO SELLER: DATED: WITNESSES: BY: Witness 01 (Signature) JOSE CASTILLO (4�e1 Sce2 Witness #1 (Print Name) Witness #2 (Signature) ISable l l e SUarez Witness #2 (Print Name) AS TO SELLER: // DATED: �� Y — � Z-- WITNESSES: [--f li' BY Witness 81 (Signature) Witness 01 (Print Name) re) �sabe llle 5QWee Witness #2 (Print Name) 1.1 1,�,o CONSERVATION COLLIER Property Identification No. 39540240003 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39540240003 LEGAL DESCRIPTION: ALL OF TRACT 47, GOLDEN GATE ESTATES, UNIT NO. 53A, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 104 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5.41 acres 12 O G�' EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 1.14 acres adjacent to the Winchester Head Multi -parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $29,150. (Trofatter) OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Frederick P. Trofatter, Jr. and Heather B. Trofatter, (Seller). CONSIDERATIONS: On January 25, 2022, Agenda Item 11A, the Board of County Commissioners (Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 10 Active Acquisition List (AAL), with changes. A multi -parcel project included on the Cycle 10 - AAL and ranked in the "A" category was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi -parcel Project). Staff has actively pursued acquiring parcels within Unit 65. The Winchester Head Multi -parcel Project consists of 115 parcels and a total of 158.67 acres. To date, Conservation Collier has acquired 69 parcels for a total of 95.84 acres, and the Collier Soil and Water Conservation District has acquired 2 parcels totaling 2.28 acres. The Seller's property contains a total of 1.14 acres and is located within the Winchester Head Multi - parcel Project. The appraisal dated August 2022 provided an averaged appraised value for wetland parcels within the Project at $25,000 an acre. The land cost for the 1.14-acre parcel is $28,500. FISCAL IMPACT: The total cost of acquisition will not exceed $29,150 ($28,500 for the property and approximately $650 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 24, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $113,088,247. Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $245/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - JAB RECOMMENDATION: Staff is recommending that the CCLAAC: Approve the attached Agreement; and 2) Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Division of Facilities Management CCLAAC Executive Summary —Trofatter (WH 1.14 acres) Page 1 of 1 Conservation Collier Land Acquisition Program Project Design Report Trofatter Property Date: October 2022 Property Owner(s): Frederick and Heather Trofatter Folio: 39960240007 Location: GOLDEN GATE EST UNIT 65 E 75FT OF W 18OFT OF TR 83 Size: 1.14 acres Appraised Value: $28,500 History of Proiect: Selected for the "A" category, AAL most recently Letter sent to Offer #1 priority, on the Active approved by BCC Winchester Accepted Acquisition List (AAL) by Head owners CCLAAC 12/15/04 1/25/2022 9/20/22 10/04/22 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Trofatter parcel is within the Winchester Head multi -parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, South Florida Water Management District and are a component of flood control for the area. Winchester Head has also been targeted for future watershed improvement projects (North Golden Gate Flowway Restoration Project) in the County's Watershed Management Plan. At this time, Conservation Collier owns 95.84 acres out of a total of 158.67 acres, or 60% of the project area. Additional program criteria that would be satisfied by this acquisition include protection of surface and ground water resources, protection of wetland dependent species habitat, and good potential for restoration. This parcel is primarily cypress forest with a sparse canopy of large trees, an understory of swamp fern, royal fern, and saw grass, with a low midstory of coastal plain willow, dahoon holly, and button bush. There is a low infestation of Brazilian pepper and old-world climbing fern. A paved public road (37th Ave NE) provides access to the parcel and allows the property to be readily viewed. Zoning, Growth Management and Land Use Overlays: The Winchester Head project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Active management of the entire project area is not feasible until a significant contiguous area can be acquired. While Winchester Head as a whole is relatively free of exotic plants, ongoing control is done annually or as needed. Exotic maintenance should be minimal and will be included in the management budget for the overall Winchester Head project. Most of the project area for Winchester Head is wetlands, and trails are not feasible. A raised boardwalk would be the best public access opportunity; however, this will not be considered until sometime well into the future of the project when more parcels are acquired. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, the three roads (37th, 391h, and 41st Streets NE) provide paved access to the project area but the only parking is the road right-of-way. At present, a visitor parking area is not available but could be constructed in the future. An educational kiosk can be placed along one of the roads through the project containing information on wetlands and on the preservation of the area. Signs can be placed at boundaries along the roadways. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $342 $228 $228 $228 $171 Signage $200 Total $542 $228 $228 $228 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Miles TROFATTER JR, FREDERICK P IL- Winchester Head Preserve Property Owner Accepted Offer CON E ATIpN LIIFR Miles TROFATTER JR, FREDERICK P Winchester Head Preserve Property Owner Accepted Offer CON ATION LLIER Co er County CONSERVATION COLLIER Property Identification No. 39960240007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between FREDERICK P. TROFATTER, JR. AND HEATHER B. TROFATTER, a married couple, whose address is 19 Qualey Road, Gray. ME 04039, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW. THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty - Eight Thousand Five Hundred Dollars and 001100 dollars ($28,500.00), (U.S. Currencv) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Manager of the Real Property Management or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional 60 days without further approval by the Board of County Commissioners. The 4 G� CONSERVATION COLLIER Property Identification No. 39960240007 Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, $'" Floor, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions. or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration; Owner's and Nan -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following. 3.0121 A wire transfer or negotiable instrument in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment. referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear CONSERVATION COLLIER Property Identification No. 39960240007 Seller's title to the Property. The cost of the Owner's Form B Title Policy, Issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment. to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable. Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any CONSERVATION COLLIER Property Identification No. 39960240007 change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seiler within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. CONSERVATION COLLIER Property Identification No. 39960240007 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2017 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIE 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 he parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. CONSERVATION COLLIER Property Identification No. 39960240007 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were CONSERVATION COLLIER Property Identification No. 39960240007 located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction. alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration. bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. CONSERVATION COLLIER Property Identification No. 39960240007 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser. hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss andlor damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. E1=101011114l2110*1 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque. Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Frederick P. & Heather B. Trofatter, Jr. 19 Qualey Road Gray, ME 04039 Telephone number: 603-591-6306 Fax number 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein For the purpose of changing such addresses or CONSERVATION COLLIER Property Identification No. 39960240007 addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only, in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement fails on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. CONSERVATION COLLIER Property Identification No. 39960240007 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to fund availability and future appropriation. Should the funds not be available or able to be used prior to closing the Purchaser or Seller may immediately terminate this agreement without any payment of any kind to Seller. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AN RICK LOCASTRO, Chairman 10 G�l CONSERVATION COLLIER Property Identification No. 39960240007 AS TO SELLER: DATED: zg WITNESSES: Witness #1 (Signature) j s#1(PrintName)s -4 (signature) Lsosok W UVtness #2 (Print Name) AS TO SELLER: DATED: 12 -9 �Z WITNESSES- (� I Witness #1 (signature) Witness #1 (Print Name) Wit e s #2 (Signature}�/ Witness #2 (Print Name) 4i FREDERICK P. TROFATTER, JR. f: �e BY:`"``'�F.. HEATHER B. TROFATTER a�� CONSERVATION COLLIER Property Identification No. 39960240007 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39960240007 LEGAL DESCRIPTION: THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 83, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 88 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.14 acres 12 p v� Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 Updated December 15, 2022 Property Name Size (ac) Estimated Value Appraised Value Category Priority for "A" Category Acquisition Status Dr. Robert H. Gore III Preserve Project 2.73 $14,800 $25,000 Charles E Bailey 1.14 $14,800 $25,000 A 1 Purchase Agreement approved by BCC on 9-13-2022; pending closing Carol Rudnick - Donation 1.59 Closed 6-30-22 111111 Ranch (Hussey Section 33) 256.00 $1,262,000 $2,072,500 A 1 Closed 11-14-22 Marco Island Parcel - WISC Investment %Cathe Read - Inlet Dr 0.39 237 800.00 419 000.00 A 1 Purchase Agreement scheduled for BCC 1-10-23 Parcels near Panther Walk Preserve 33.45 $589,000 $895,000 Maribeth Selvig - Donation 1.14 $0 A 1 Closed 9-26-22 Lois Behnke 1.14 $33,000 $57,000 A 1 Purchase Agreement approved by BCC on 9-13-2022; pending closing Jorge Aguilar 1.14 $33,000 $40,000 A 1 David Wright 1.14 $33,000 $30,000 A 1 D & J Investors 1.14 $33,000 $40,000 A 1 David Joyce 2.27 $56,750 $52,000 A 1 PS & NE Sanchez 2.73 $68,250 $63,000 A 1 William F Thommen 5.00 $75,000 $100,000 A 1 Sandra Burns 1.14 $33,000 $30,000 A 1 Tim R Johnson 1.14 $33,000 $30,000 A 1 Virginia Meyer Trust 1.59 $33,000 $72,000 A 1 John Pena 2.27 $56,750 $52,000 A 1 Henrietta Arnay 1.14 $30,000 A 3 Berardo Ortega 1.14 $30,000 A 3 Joseph Zhuang 2.73 $63,000 A 3 Isabel Gonzalez 1.14 $33,000 $50,000 A 1 Purchase Agreement approved by BCC on 10-11-2022; pending closing Barry Grossman 2.73 $68,250 $63,000 A 1 Three Brothers 2.731 $63,000 A 3 Offer made Vanette Arnold 1.14 $30,000 A 3 Offer made Rivers Road Preserve Project 24.18 $1,320,200 $810,000 Shari Eschuk 4.78 $292,000 $180,000 A 1 Offer made Joe Popp 19.40 $1,028,200 $630,000 A 1 Closed 9-26-22 Pepper Ranch Preserve Project 84.29 $657,362 $725,000 Brian Blocker 24.50 $191,000 $220,000 A 2 Offer accepted 11-16-2022 Jim H Moody Crawford 5.46 $42,588 $505,000 A 2 Purchase Agreement approved by BCC on 7-2-2022; pending closing Jim H Moody Crawford 42.90 $334,620 A 2 Jim H Moody Crawford 11.43 $89,154 A 2 A -LIST SUBTOTAL 401.04 $4,081,162 $4,946,500 Red Maple Swamp (NCCE Unit 53) Multi- parcel Project (remaining)26.6 88.23 $1,102,875 $1 102 875 A 1 acres totalling $359K Winchester Head Multi -parcel Project (remaining) 63.28 $1,044,120 $1,044,120 A 1 11.6 acres totaling $271 K Multi -Parcel Projects Total* 151.51 $2,146,995 $2,146,995 Total includes all parcels within both project areas Multi -Parcel Projects Total for Acquisition Cycle 10* 38.20 n/a $630,000 Total includes only parcels acquired and in process of closing Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 Updated December 15, 2022 Priority Property Name Size (ac) Estimated Appraised Category for "A" Acquisition Status Value Value Category Dr. Robert H. Gore III Preserve area - Offer letters sent 9-23-22; 8 parcels 157.08 $1,884,960 $2,717,484 A 3 totalling 16.4 ac. accepted offer - Preserve expansion parcels" $351,000 Panther Walk Preserve area - Preserve Offer letters sent 9-22-22; 9 parcels 39.75 $1,150,643 $1,029,525 A 3 totalling 21.6 ac. accepted offer - expansion parcels" $562,900 Preserve expansion parcels Total 196.83 $3,035,603 $3,747,009 Total includes all expansion parcels in both preserve areas Preserve expansion parcels Total for Total includes only parcels whose Acquisition Cycle 10 38.20 n/a $785,000 owners indicated interest to sell Total acreage and total appraised value A -LIST TOTAL CYCLE 10 477.44 $4,081,162 $6,361,500 include Multi -Parcel Project and Preserve Expansion parcels acquired and in process of closing Agua Colina - Marco Island 0.63 $1,427,000 $1,515,000 B OFFER WILL BE MADE IF RE -RANKED TO A LIST WITH CYCLE 11A Sanitation & Bethune Rd Parcels (Barron 370.00 $3,900,000 B Staff recommending for C-list in Cycle Collier Partnership) 11A B-LIST TOTAL CYCLE 10 370.63 $5,327,000 $1,515,000 Total appraised value exludes Sanitation and Bethune Rd. parcels. A & B LIST TOTAL CYCLE 10 809.87 $9,408,162 $7,876,500 Total appraised value exludes Sanitation and Bethune Rd parecls. NO LONGER INTERESTED Big Hammock - Area I (Barron Collier 257.3 $3,683,800 $900,000 A 1 Offer not accepted 11-3-22 Partnership) Big Hammock - Area 11(Barron Cower 744.2 $1,116,300 $805,000 B Owner no longer interested 11-3-22 Partnership) Marco Island Parcel - Addison Fischer 0.63 $384,200 A 1 Owner no longer interested 2-28-22 Bayshore Parcels Forrest G Amaranth 71.16 $1,419,000 A 1 Owner no longer interested 2-16-22 Trust Parcel near Shell Island Preserve Josef 18.73 $1,180,000 A 2 Owner no longer interested 2-7-21 Ma dalener Owner no longer interested 2-18- Pepper Ranch Project Emily Arnold 5.00 $39,000 A 2 2022 Rivers Road Preserve Project - Eugene 4.92 $300,000 $200,000 A i Appraisal obtained, offer declined Erjavec Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 Updated December 15, 2022 Property Name Size (ac) Estimated Value Appraised Value Category Priority for "A" Category Acquisition Status Parcels near Panther Walk Preserve Veronica Haughton 2.73 $68,250 A 1 Sold Paul E Moylan 2.73 $68,250 $63,000 A 1 Offer not accepted Charles Hackman 2.73 $68,250 $70,000 A 1 Offer not accepted Charles Anderson 2.27 $56,750 $64,000 A 1 Offer not accepted Kathleen Macrina 1.14 $33,000 j A j 1 j Sold to another Charles Anderson 1.141 $33,0001 1 A 1 1 1 Sold to another Dr. Robert H. Gore 111 Preserve Project Kenneth Cedeno 2.81 $36,500 $56,000 A 1 Offer not accepted EugeneD'Angelo 5.00 $59,000 $100,000 A 1 Offer not accepted Lorraine D Argay 7.05 $83,200 $81,000 A 3 Offer not accepted NO LONGER INTERESTEDTOTAL 1,129.54 $8,628,500 Rookery Bay Business Park (near Shell Island) 40.88 $1 1,242,000 C WISC investment %Cathe Read - Dade Ct 0.50 $305,000 C C-LIST TOTAL 41.38 $11,547,000 FY22 Budget for Acquisition Cycle 10 is $14,06S,100; On January 2S, 2022 the BCC voted to consider deferring repayment of approximately $3.S million to the maintenace fund (174) depending on results of appraisals and due diligence for the A & B-list properties. After appraisals and due diligence information is presented to the BCC they will decide on whether to spend over $14,06S,100 for Land Capital Outlay. Note: a "Preserve Project" is an expansion of an existing Conservation Collier Preserve; where noted as "Parcels near" a preserve, the parcels are not adjacent to the preserve; all other properties noted are named based on location. Conservation Collier Cycle 11 B Active Acquisition List for BCC review 12-20-2022 Estimated Estimated CCLAAC Priority for Property Name Size (ac) Value Value per Recommended "A" acre Category Category Dr. Robert H. Gore III Preserve Project 43.78 $886,972 Weir 2.27 $50,000 $22,026 A 1 Dibala (3 parcels) 18.28 $355,000 $19,420 A 1 Smith & Montgomery 2.73 $60,000 $21,978 A 1 Multi -Parcel Project allocation - 10 parcels* 20.50 $421,972 $20,584 A 1 Otter Mound Preserve Project - Khoury 0.43 $720,000 $1,674,419 A 1 Owl Hammock (Collier Land Holdings / CDC Land 7,378.00 $29,512,000 $4,000 A 1 Investments) Panther Walk Preserve Project Multi -Parcel 31.60 $650 454 ' $20,584 A 1 Project allocation - 15 parcels* Red Maple Swamp (NGGE Unit 53) Multi -parcel 10.00 $170,190 $17,019 A 1 Project allocation - 4 parcels* Winchester Head Multi -parcel Project allocation - 4 10.00 $250,000 $25,000 A 1 parcels* Nancy Payton Preserve Project 84.00 $980,000 Sit/Williams/Chew 3.50 $300,000 $85,714 A 1 Lie 0.50 $40,000 $80,000 A 1 Buckley 80.00 $640,000 $8,000 A 2 Pepper Ranch Preserve Project - English Trust 59.01 $531,000 $8,998 A 2 Brewer 14.78 $457,000 $30,920 A 3 McIlvane Marsh Project - Relevant Radio, Inc. 10.46 $188,280 $18,000 A 3 Shell Island Preserve Project - Dredge Management .. $1,620,000 $86,492 A 3 Assoc LLC A -LIST TOTAL 7,660.79 $35,965,896 Red Maple Swamp (NGGE Unit 53) Multi -parcel 63.00 $1,072,200 $17,019 Project ( 23 parcels remaining) A 1 Winchester Head Multi -parcel Project (38 parcels 51.70 $1,292,000 $25,000 remaining) Dr. Robert H. Gore III Preserve Multi -parcel 367.40 $7,562,562 $20,584 Project* (145 parcels) A 1 Panther Walk Preserve Multi -parcel Project* (189 364.50 $9,802,499 $26,893 parcels) Multi -Parcel Projects Total 846.60 $19,729,260 A -LIST TOTAL (including all multi -parcel projects) 8,507.39 $55,695,157 McIlvane Marsh Project - Connection Investors 5.00 $26,500 $5,300 B Group LLC Hoffman 15.00 $70,000 $4,667 B B-LIST TOTAL 20.00 $96,500 Frank / Hothersall 179.78 $537,000 $2,987 C C-LIST TOTAL 179.78 $537,000 Note: a 'Preserve Project" is an expansion of an existing Conservation Collier Preserve *Letters will be sent to Multi parcel Project Areas at least once per fiscal year as budget allows. A specific amount is being allocated to Multi -Parcel Project areas in Cycle IIB for budgeting purposes. If more applications are submitted and budget is available, acquisitions may occur in excess of the allocation. The number of parcels acquired in a Cycle is also dependent on the parcel sizes. ` � ."_� .. :�Sb.. �.�, rfia-1`•.}.r ram'? �fie, &C AY A Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Contents Land Management Plan Executive Summary............................................................................. 5 Introduction................................................................................................................................ 7 Table 1. Acquisition History and Status of the Rattlesnake Hammock Preserve .............. 7 ParcelDescription...................................................................................................................... 9 1. Location.............................................................................................................................. 9 1.1. Description............................................................................................................ 9 Figure 1.1.1. Overview map of Rattlesnake Hammock Preserve and surrounding conservationareas.........................................................................................................10 Figure 1.1.2. 2022 Aerial close-up..................................................................................11 2. Physiography.....................................................................................................................12 2.1. Description..................................................................................................................12 Figure 2.1.1. Topographical Map (LIDAR)......................................................................13 Figure 2.1.2. Surface Waters Map..................................................................................14 Figure 2.1.3. Aquifer Map (CLIP4 Aquifer Priority Map and Wellfield Protection Zones) .15 Figure 2.1.4. Hydric Soils Map (Collier County Soils Survey)..........................................16 3. Historical Land Use...........................................................................................................17 3.1. Description.................................................................................................................17 Figure 3.1.1. Rattlesnake Hammock Road History, 2002...............................................18 Photoset 3.1.2. Historical Aerial Imagery ........................................................................19 4. Adjacent Land Use............................................................................................................23 4.1. Description..................................................................................................................23 5. Acquisition and Expansion.................................................................................................23 5.1. Acquisition Description................................................................................................23 Table 5.1.1. Parcel Attributes Table................................................................................23 5.2. Potential Preserve Expansion.....................................................................................24 Figure 5.2.1. Potential Expansion Areas Map.................................................................24 Management.............................................................................................................................25 6. Vegetation Management....................................................................................................25 6.1. Current Vegetative Community Conditions..................................................................25 Figure 6.1.1. Cooperative Land Cover Classification Map..............................................26 Table 6.1.2. Threatened and Endangered Species Table...............................................27 6.1.3. Vegetation Management Concerns.......................................................................27 2 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 6.2. Desired Future Conditions...........................................................................................27 6.3. Management Tools.....................................................................................................27 6.3.1. Invasive Plant Removal........................................................................................27 6.3.2. Native Plant Restoration.......................................................................................28 6.3.3. Prescribed Fire.....................................................................................................28 6.3.4. Hydrological Restoration.......................................................................................28 6.4. Partnership Opportunities............................................................................................29 7. Wildlife Management.........................................................................................................29 7.1. Current Wildlife Community Conditions.......................................................................29 Table 7.1.1. Observed Wildlife Species Table................................................................29 Table 7.1.2. Potential Threatened and Endangered Species Table................................30 Photoset 7.1.3. Wildlife Camera Observations................................................................31 7.1.4. Wildlife Management Concerns............................................................................35 7.2. Desired Future Conditions...........................................................................................36 7.3. Management Tools.....................................................................................................36 7.3.1. Habitat Improvements...........................................................................................36 7.3.2. Consumptive Wildlife Use.....................................................................................36 7.3.3. Monitoring.............................................................................................................36 7.4. Partnership Opportunities............................................................................................37 8. Recreation Management...................................................................................................37 8.1. Current Recreational Opportunity Conditions..............................................................37 8.2. Desired Future Conditions...........................................................................................37 Table 8.2.1. Compatible Recreational Activities..............................................................37 8.3. Management Tools.....................................................................................................38 8.3.1. Access Improvements..........................................................................................38 8.3.2. Amenity Installation/Enhancement........................................................................38 Figure 8.3.3. Conceptual Visitor Amenities.....................................................................39 8.4. Partnership Opportunities............................................................................................40 9. Preserve Safety and Security Management.......................................................................40 9.1. Current/Predicted Human Conflict Conditions.............................................................40 Photoset 9.1.1: Historic Wastewater Treatment Plant.....................................................40 9.2. Desired Future Conditions...........................................................................................42 9.3. Management Tools.....................................................................................................42 3 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 9.3.1. Site Security Improvements..................................................................................42 9.3.2. Debris Removal....................................................................................................42 9.3.3. Contamination Remediation..................................................................................42 9.4. Partnership Opportunities............................................................................................42 10. Cultural Resource Management......................................................................................42 10.1. Current Cultural Resource Conditions.......................................................................42 10.2. Desired Future Conditions.........................................................................................43 10.3. Management Tools...................................................................................................43 10.4. Partnership Opportunities..........................................................................................43 11. Budget.............................................................................................................................44 Table 11.1. Past and Projected Expenditures Table.......................................................44 12. Appendix.............................................................................................................................45 Photoset 12.1: Representative Site Photos....................................................................45 Figure 12.2. Legal Description........................................................................................51 Public Meeting Comments and Staff Responses............................................................53 4 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Land Management Plan Executive Summary Lead Agency: Conservation Collier Program, Collier County Parks & Recreation Department, Collier County Public Services Department Properties included in this Plan: Rattlesnake Hammock Preserve Preserve lands consist of two parcels located within Township 50S, Range 26E and Section 16, in Collier County, Florida (00425920008, 00419160007) Full legal descriptions are provided in Appendix 14. Total Acreage: 37.16 acres Management Responsibilities: Collier County Conservation Collier Program staff Designated Land Use: Preservation Unique Features: Rattlesnake Hammock Preserve contributes to the conservation of ecologically sensitive lands within the urban area of Collier County. Mature live oaks create a densely shaded canopy atop tropical hardwood species such as red stopper, gumbo limbo (Bursera simaruba), and privet senna (Senna lingustrina). The preserve contributes to an existing wildlife corridor between the Picayune Strand State Forest and Rookery Bay National Estuarine Research Reserve. Desired Future Conditions: Vegetation: A preserve with a matrix of high -quality hammocks, mixed hardwood - coniferous wetlands, and freshwater marshes, with mixed age trees, a diverse understory, and less than 10% infestation of non-native species. Wildlife: A preserve with a rich diversity of wildlife species utilization year-round comprised of populations with mixed age classes indicating ongoing recruitment and use of the preserve for denning and nesting activities. Recreation: A preserve with the amenities required for the public to safely engage in passive natural resource -based recreation Preserve Safety and Security: A preserve free of littering, dumping, illicit activities, neighbor disturbances, unauthorized vehicles, and after-hours trespass. Cultural Resources: A preserve with intact and secure cultural resources that provide opportunities for community education about pre -historic settlements. Public Involvement As part of the Land Management Plan drafting process, a public meeting was held on December 1st, 2022, to gather input from members of the public and preserve stakeholders. Most public comments and questions on the land management plan pertained to reducing public visitation to 5 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan the preserve. Many participants expressed a desire to keep the preserve "low key", and some even questioned whether the preserve should be opened to the public at all or dedicated for resource protection only. Participants wanted to know how many visitors the preserve would attract, how it would affect traffic, and how it would affect road maintenance. Participants primarily discussed reducing the number of proposed parking spaces, parking lot orientation and construction materials, preventing visitors from parking on the street, not erecting navigational signage on Santa Barbara Blvd, and limiting visitor amenities and permitted activities. Secondary topics of discussion centered on a desire to maintain site security and pertained to features as type and length of fencing, automatic gates, lighting, hours of access, alternate entry points, preserve cleanup, and monitoring. Other comments and questions included zoning, management for beneficial insects, trail design, and invasive plant removal. Additional information and staff responses to questions can be found in the appendix Public Meeting Comments and Staff Responses. A Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Introduction The Rattlesnake Hammock Preserve is a 37.16-acre nature preserve located in South Naples in Collier County, FL. It is largely comprised of mixed hardwood -coniferous and mixed scrub -shrub wetland plant communities. Future access to the preserve is from 6371 Adkins Avenue off of Santa Barbara Blvd. The Preserve was purchased by Collier County in August of 2020 through funds from the Conservation Collier Program. The County holds fee simple title. Prior to acquisition, the property was referred to as SD Corp of Naples. Following a public name submission and voting contest and approval by the Board of County Commissioners (BCC), the preserve was officially named the Rattlesnake Hammock Preserve in February of 2021. Public access opportunities through nature -based recreation are planned for the site following completion of access infrastructure projects including a conceptual parking lot, bench, overlook platform, and interpretive signage. The Conservation Collier Program manages this parcel under authority granted by the Conservation Collier Ordinance 2002-63, as amended (available from www.municode.com). Conservation, restoration and passive public recreation are the designated uses of the property. Management activities allowed are those necessary to preserve and maintain this environmentally sensitive land for the benefit of present and future generations. Public use of this site must be consistent with these goals. Table 1. Acquisition History and Status of the Rattlesnake Hammock Preserve Year Benchmark 2017 Acquisition Application submitted to the Conservation Collier Program by SD Corp of Naples, Inc for 115.15 acres 2018 37.16 acres recommended for Cycle 9 Acquisition A -List by the Conservation Collier Land Acquisition Advisory Committee with remaining 77.99 acres recommended for Acquisition B-List 2019 Proposal to purchase 37.16 acres of SD Corp brought by Commissioner Fiala approved by Board of County Commissioners November 12, 2019 2020 37.16 acres purchased by Conservation Collier in August for $1.48m 2021 Public Preserve Naming Competition held. Rattlesnake Hammock Preserve recommended based on total votes in January. 2021 Developed Interim Management Plan- BCC Approved Plan and Preserve Name in February 2022 Developed Final Management Plan in October for review by subcommittee, committee, and BCC N Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Conservation Collier: Land Acquisition Program and Management Authority The Conservation Collier Program was originally approved by voters in November 2002 and subsequently confirmed in the November 2006 and 2020 ballot referendum. Both voter -approved referendums enable the program to acquire environmentally sensitive lands within Collier County, Florida (Ordinance 2002-63, as amended). Properties must support at least two of the following qualities to qualify for consideration: rare habitat, aquifer recharge, flood control, water quality protection, and listed species habitat. The BCC appointed a_Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to consider any selected or nominated properties that an owner has indicated a willingness to sell. The committee recommends property purchases for final approval by the BCC. Lands acquired with Conservation Collier funds are titled to "COLLIER COUNTY, a political subdivision of the State of Florida, by and through its Conservation Collier program." The Board of County Commissioners of Collier County (BCC) established the Conservation Collier Program to implement the program and to manage acquired lands. As such, Conservation Collier holds management authority for the Rattlesnake Hammock Preserve. Purpose and Scope of Plan The purpose of the plan is to provide management direction for the Rattlesnake Hammock Preserve (Rattlesnake Hammock) by identifying the desired future conditions of each element and the appropriate tools to achieve these conditions. This plan seeks to balance natural resource conservation (listed species protection, habitat restoration, and invasive species management) with outdoor recreational and education use. This plan is divided into sections that include an introduction, parcel description, management element conditions, objectives, and potential tools, and a projected budget. An Interim Management Plan for the Rattlesnake Hammock Preserve was approved by the Collier County Board of County Commissioners in 2021. This is the Final Management Plan for the Rattlesnake Hammock Preserve. Updates to this plan will be completed every 5 years following approval by the BCC. Public Involvement As part of the Land Management Plan drafting process, a public meeting was held on December 1st, 2022, to gather input from members of the public and preserve stakeholders. Thirteen members of the public attended the meeting, most were immediate neighbors or resided along Adkins Ave. T Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Parcel Description 1. Location 1.1. Description The Rattlesnake Hammock Preserve is in South Naples, FL at the address 6371 Adkins Avenue, Naples, FL 34112. The preserve is situated east of Santa Barbara Blvd, west of Collier Blvd, and north of Rattlesnake Hammock Rd in Section 16, Township 50S, and Range 26E in the designated Urban Area of Collier County (Figure 1.1.2. Overview Map). Adjacent to the Wing South Airpark, Rattlesnake Hammock Preserve is accessible via Adkins Avenue to the north for both land management and future public access as well as Parkers Hammock Rd to the south for land management access only. The property is made up of two parcels (00425920008 and 00419160007) comprising 37.16 acres in total (Figure 11, Legal Description). Nearby conservation and natural lands include the Collier County Serenity Walk Park (0.5 miles) as well as the Picayune Strand State Forest (3 miles) and Rookery Bay National Estuarine Research Reserve (3 miles). E Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Miles Rattlesnake Hammock Preserve Managed Conservation Areas Other Conservation Areas CON ATION y� LLIER Coen County Figure 1.1.1. Overview map of Rattlesnake Hammock Preserve and surrounding conservation areas 10 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Figure 1.1.2. 2022 Aerial close-up Miles 11 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 2. Physiography 2.1. Description LIDAR and Surface Waters A Light Detection and Ranging (LIDAR) map provides information about the elevation of the Earth's surface. The topographical map of Rattlesnake Hammock Preserve (Figure 2.1.1) indicates surface features of lower elevation in deepening shades of blue. Five low -elevation features exist within the Rattlesnake Hammock Preserve that are seasonally flooded and collect surface waters from May -November each year. Three of these features are naturally occurring including the North Marsh (herbaceous marsh), Cypress Swamp, West Marsh (willow), while two of the features are the result of land use alterations including the Historic Water Treatment Area (willow marsh) and Canal (Stormwater Easement 51101-255 DAME) as indicated in Figure 2.1.2 Surface Waters Map. Aquifer Recharge Potential Figure 5. Aquifer Map indicates the preserve is within a Priority 6 CLIP4 Aquifer Recharge designation. This property lies within the Rookery Bay watershed, with groundwater flowing from the northeast to the southwest. Most of the community drinking water supply in Collier County comes from the surficial aquifer, but many residents also have wells to the Lower Tamiami aquifer, a slightly deeper aquifer. The mapped surficial aquifer recharge for the preserve is 31" to <43" annually. These parcels contribute moderately to the surficial aquifer. The mapped Lower Tamiami aquifer recharge is -16" to -V annually. Protection of this site in an undeveloped state will help to protect the Lower Tamiami aquifer as there is no confining layer between it and the surficial aquifer system. Soils A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). Three soil types were mapped for the preserve parcels (Figure 2.1.4. Hydric Soils Map) including: Hilolo, Jupiter, and Margate fine sands (hydric), Boca, Rivera, Limestone substratum, Copeland FS (hydric, depressional), and Pineda fine sand, Limestone substratum (hydric). 12 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Miles Rattlesnake Hammock Preserve lidar 2020.tif Value High : 104.644 Low: -4.11745 Figure 2.1.1. Topographical Map (LIDAR) 13 CON5E-RVATION C LLIER C.o er C—nty Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Rattlesnake Hammock Preserve O RHP Surface Waters Figure 2.1.2. Surface Waters Map Miles 14 CON E ATION �yy C LLIER C"Ar County r; Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Miles Rattlesnake Hammock Preserve Wellfield Protection Zones _ - - 1-YEAR 2-YEAR 5-YEAR _ _ = 20-YEAR CLIP4 Aquifer Recharge Priority 1- HIGHEST Priority 2 Priority 3 Priority 4 Priority 5 Priority 6 CONSERVATION COLLIER Figure 2.1.3. Aquifer Map (CLIP4 Aquifer Priority Map and Wellfield Protection Zones) 15 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Miles Rattlesnake Hammock Preserve Soil Type BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS, DEPRESSIONAL HALLANDALE FINE SAND HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS PiNEDA FINE SAND, LIMESTONE SUBSTRATUM Hydric Soils CONSERVATION � COLLIER Call%r County T3 Figure 2.1.4. Hydric Soils Map (Collier County Soils Survey) 16 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 3. Historical Land Use 3.1. Description Historic aerial imagery (Photoset 3.1.2) from the 1940s indicates that the preserve lands were part of a large, contiguous network of Cypress strand and hardwood hammock with seasonal wetlands and surrounding graminoid-dominated prairies composed of grasses, sedges, and rush species. While much of the foundational community within today's preserve boundary have not had significant alterations, the land use of the adjacent area including historic water flow, habitat connectivity, and cover have changed significantly. Aerials from 1978 show significant alterations in place in the lands surrounding and within the preserve including the footprints of the roadways and residential lots and communities that comprise today's neighborhood. Along the eastern boundary of the preserve is the Wing South Airpark community and corresponding runway for small aircraft. Constructed within the current preserve boundaries at this time is the water treatment structure that serviced the community. Also apparent in the aerials from 1978 is a removal of vegetation in the northern portion of today's preserve that would later become the melaleuca-infested seasonal wetland adjacent to Adkins Avenue. Maps of 1985 through to the 2000s indicate growing development and expansion of the lands adjacent to the preserve for residential use and enhancement of roadway infrastructure. In the 2000s, aerials are of a high enough resolution to show the first indications of significant infestation of exotic plant species within the current preserve boundary. Conservation Collier staff contacted representatives from the Collier County Museum to research the history of the area within and surrounding the preserve and it was determined there was not an abundance of historical information on record about the area. A newspaper clipping (Figure 3.1.1) provided by museum staff indicated that the area was notable historically amongst residents for having a high population of Eastern diamondback rattlesnakes and was sought out as an area for dumping. 17 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Q� Where did the name of Rattlesnake Hammock Road come from' — Sis wendtlar r., ' ' Naples A -The exact details of much of Collier County hilt$ have been last over the years The ori- gin of the name of Rat - tlesnake Hammock Road, which runs from IN THE ONNr U.S. 41 East to Collier Boulevard in East Naples, les, is one of these details, said Ron Jamro, executive di- rector of the Collier County Museum - But A..= did say he has fie_ CA3P er manly Museum Fks UVkm Dady Nee I Ir42J4d p.Io9 Naples Dal1Y NOWS 1I 2 P. IS COrrgded by: Marba A. klaym 2004 heard only one store over the years as a possible explanation — that decades ago. local resi- dents would $o down to a dumping area at the end of that road and shoat rattlesnake& That area's geography had a slightly raised feature, called a hacrunoclt. Jamro said, Jamro said there was a time that an occasional six-foot rat- tlesnake could be found on doorsteps in Naples. Imagine finding one of those today! Got a question for the -fn the w * column } Suhm* jr by call- Ing2-- .', ore-maihrg Inthe no14'"i1rnapleswws.t7otrt. According to the Collier County Museum, Rattlesnake Hammock .acquired its name because of the abundance of rattlesnakes in the area. A hammock is an -elevated area with rich soil and hardwoods. The early Seminole Indians planted -crops in regions like these to avoid the flooding of the low- lands. Rattlesnake Hammock was even used as a filming location for the 1951 Warner Brothers production, -Distant Drttnis,p starring Gary Cooper. Figure 3.1.1. Rattlesnake Hammock Road History, 2002 IN Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Photoset 3.1.2. Historical Aerial Imagery -- -- - IF, X ..`A WWTAKE-ram_ e Zr �j Rattlesnake Hammock Preserve- 1940 025 I'diles 19 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 1du" .c 0 Rattlesnake Hammock Preserve Rattlesnake Hammock Preserve- 1978 02; Miles 20 C.D r FFWATIQN Cab LLiEh O w .3 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Rattlesnake Hammock Preserve Rattlesnake Hammock Preserve- 1985 f,liles 21 Cis Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Rattlesnake Hammock Preserve Rattlesnake Hammock Preserve- 2000 Hiles 22 C4N ATIOfW yy ��if It Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 4. Adjacent Land Use 4.1. Description Rattlesnake Hammock Preserve is located within the urban area of Collier County and is adjacent to a low -density residential community along the western and northern property boundary. The eastern boundary of the property is adjacent to a stormwater canal and the Wing South Airpark and runway. The 78 acres to the northeast of the preserve (formally a Cycle 9 acquisition application parcel recommended for the B-List) was clear-cut in the summer of 2022 with a high - density housing development planned for the parcel that was historically an integral wildlife dispersal corridor and connection point between the Rattlesnake Hammock Preserve and the Picayune Strand State Forest. To the South of the preserve is a residential community known as Parker's Hammock. Lands to the north and the east are existing residential communities and golf courses which may provide lasting habitat dispersal corridors for long -ranging wildlife species. The Picayune Strand State Forest to the east is the most significant large conservation area. The existing corridor to the south of the property has historic connection linkages with the Rookery Bay National Estuarine Research Reserve. Stormwater control features and major roadways bisect these habitat linkages on all sides of the preserve. 5. Acquisition and Expansion 5.1. Acquisition Description In 2017, SD Corp of Naples, Inc applied for three parcels totaling 115.15-acres during Conservation Collier Acquisition Cycle 9. In 2018, the Conservation Collier Land Acquisition Advisory Committee recommended two parcels totaling 37.16-acres for the acquisition A -list and the remaining 77.99-acres for the acquisition B-list. The Board of County Commissioners (BCC) ranked the property as A -category. However, the BCC initially did not recommend for purchase due to lack of budget. In November 2019, Commissioner Fiala proposed the purchase of the SD Corp A -list parcels. This was approved by the BCC on November 12, 2019 (Agenda item #10.A). Conservation Collier purchased the 37.16-acres on August 10th , 2020. Table 5.1.1. Parcel Attributes Table Folio(s) Acreage Seller Acquisition Date Price 425920008 7.16 SD Corp of Naples Inc. 8/10/2020 $1,480,000.00 419160007 30 Total 37.16 23 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 5.2. Potential Preserve Expansion Conservation Collier is targeting the only remaining undeveloped parcel adjacent to the preserve. The 4.5-acre parcel (00419840000) indicated in Figure 5.2.1 is located southwest of the preserve at the eastern terminus of Everett St. Increasing development, especially to the north, is isolating the preserve from surrounding natural areas. Acquiring this parcel would protect the last linkage between the preserve and the conservation easements to the south. Miles Rattlesnake Hammock Preserve Potential Expansion Parcel Other Conservation Areas CONSE-RVATION C LLIER C'..o er County 'm' Figure 5.2.1. Potential Expansion Areas Map 24 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Management 6. Vegetation Management 6.1. Current Vegetative Community Conditions Cooperative Land Cover Classification System Habitats Identified. Non-native species are denoted with an * 1400 Mixed Hardwood -Coniferous - Mix of hardwood and coniferous trees where neither is dominant. Notes: This community is found throughout the preserve. The center of the preserve is composed primarily of the oaks, palms, and slash pines. The more upland portions of the preserve have a prominent tropical hardwood component. These species give way to cypress, wetland hardwoods, melaleuca, and various non-native species as the elevation drops and in the disturbed margins. Major Canopy Components — Cabbage palm (Saba) palmetto), laurel oak (Quercus laurifolia), slash pine (Pinus elliotti), bald cypress (Taxodium distichum), strangler fig (Ficus aurea), royal palm (Roystonea regia), gumbo limbo (Bursera simaruba), melaleuca (Melaleuca quinquenervia) *, Java plum (Szygium cumini)*, and earleaf acacia (Acacia auriculiformes) Major Midstory Components — Simpson's stopper (Myricanthes fragrans), myrsine (Myrsine cubana), fire bush (Hamelia patens), bay (Persea sp.), wax myrtle (Myrica cerifera), buttonbush (Cephalanthus occidentalis), saltbush (Baccharis angustifolia), dahoon holly (Ilex glabra), and Brazilian pepper (Schinus terebinthifolius) * Major Understory/Groundcover Components — Wild coffee (Pschotria nervosa), swamp fern (Blechnum serrulatum), pokeweed (Phytolacca americana), air potato (Dioscorea bulbifera) *, caesarweed (Urena lobata) *, sword fern (Nephrolepis sp.)* 2112 Mixed Scrub -Shrub Wetland - Wetland areas that are dominated by woody vegetation less than 20 feet in height. This can occur in many situations, but in most cases involves transitional or disturbed communities on drier sites. Persistent examples of shrub wetlands include shrub bogs and willow swamps. (SJRWMD) Notes: This community is not identified on map but is found in two natural marshes and one historic water treatment area. Major Canopy Components — Melaleuca (Melaleuca quinquenervia) Major Midstory Components — Coastal plain willow (Salix caroliniana), Brazilian pepper (Schinus terebinthifolius) * Major Understory/Groundcover Components — Smartweed (Polygonum sp.), swamp fern (Blechnum serrulatum), climbing hempvine (Mikania scandens), sawgrass (Cladium jamaicense), and torpedo grass (Panicum repens) * 25 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Rattlesnake Hammock Preserve Land Cover Artificial Impoundment/Reservoir Cypress/Tupelo(incl Cy/Tu mixed) Exotic Wetland Hardwoods ® Hydric Pine Flatwoods Melaleuca Mixed Hardwood -Coniferous Residential, High Density > 5 Dwelling Units/AC Residential, Low Density Residential, Med. Density - 2-5 Dwelling Units/AC Rural Structures Transportation Miles Urban Open Forested CON ATION �yy LLIER Co[l%r County qAM Figure 6.1.1. Cooperative Land Cover Classification Map 0 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Table 6.1.2. Threatened and Endangered Species Table Imperiled Plant Species Conservation Status Common Name Scientific Name State Federal Cardinal Airplant Tillandsia fasciculata Endangered Not Listed Northern Needleleaf Airplant Tillandsia balbisiana Endangered Not Listed Giant Airplant Tillandsia utriculata Endangered Not Listed Royal Palm Roystonea regia Endangered Not Listed 6.1.3. Vegetation Management Concerns High woody and vining invasive species cover is the primary concern on this preserve. Not only do these species out compete and smother native plants, they also provide little in the form of forage for wildlife. Monocultures of Brazilian pepper and melaleuca will require re -vegetating once treated or removed. Trees that are treated and left in place may present hazards and negatively impact aesthetics, where they abut the trail and neighboring properties, and easements. Coastal plain willow (Salix caroliniana) is acting as a nuisance native in previously herbaceous wetlands. Special considerations should be made to preserve and enhance the tropical hardwood elements present as they represent one of the rarest plant communities in Collier County. A full botanical inventory is required to create a baseline to measure our native restoration against. 6.2. Desired Future Conditions A preserve with a matrix of high -quality hammocks, mixed hardwood -coniferous wetlands, and freshwater marshes with mixed age trees, a diverse understory, and less than 10% infestation of non-native species. 6.3. Management Tools 6.3.1. Invasive Plant Removal Upon acquisition, the preserve was >75% infested with invasive plants, primarily melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), Java plum (Szygium cumini), and air potato (Dioscorea bulbifera). In some areas, particularly the north and west sides, these species occur in single species stands that are so dense that even if treated in place, native vegetation will have difficulty recolonizing the area. Other notable species include old world climbing fern (Lygodium microphyllum), arrowhead vine (Syngonium podophyllum), Asian sword fern (Nephrolepis sp.), torpedo grass (Panicum repens), cogon grass (Imperata cylindrica), Bishopwood (Bischofia javanica), and elephant ear (Xanthosoma sagittifolium). There is a diverse 27 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan array of non-native landscaping plants found along the margins of the preserve. A combination of mechanical and repeated herbicidal treatments of all Florida Invasive Species Partnership Category I&II species will be pursued to achieve the desired future conditions. Actions taken thus far to reach these goals include Conservation Collier staff hand clearing melaleuca from the north marsh, mechanical removal of melaleuca, Brazilian pepper, and Java plum stands along Adkins Avenue and along the east and south sides of the historic water treatment area to allow for access and debris removal, and herbicidal treatment of all Brazilian pepper, melaleuca, Java plum, and old-world climbing fern in the southern 30-acre parcel of the preserve. This treatment was conducted using funding assistance from the Florida Fish and Wildlife Conservation Commission (FWC) Upland Invasive Exotic Plant Management Program. 6.3.2. Native Plant Restoration Native plantings have been, and will continue to be used, to increase diversity, improve wildlife forage, enhance aesthetics, and to revegetate mechanically cleared areas. Thus far all mechanically cleared areas, aside from the footprint of the conceptual parking lot and trail, have received native plantings. A combination of herbaceous plants, shrubs, and trees were planted to create a visual buffer between the proposed parking lot and adjacent private residence. Volunteers planted a wide variety of emergent aquatic plants as well as pop ash (Fraxinus caroliniana) and pond apple (Annona glabra) in the north marsh post melaleuca-removal and coastal plain willow reduction. The non-profit organization, Growing Climate Solutions organized a corporate volunteer workday and provided 150 trees to plant in the remaining cleared areas. These included slash pine, cypress, laurel oak, and red maple. In addition to removing invasive species, staff plans on reducing willow cover in the historic water treatment area. Lack of disturbance has led to willow dominating this marsh, reducing the herbaceous diversity and limiting the available foraging habitat for wading birds and among other species. 6.3.3. Prescribed Fire Natural communities within this preserve have exceeded their fire return interval. The herbaceous marshes and more upland portions of hammock may benefit from patchy understory fire. However, application of prescribed fire is unlikely for this site due to its urban nature, proximity to the Wing South Airpark, high surrounding fuel loads, and extent of safety improvements required. 6.3.4. Hydrological Restoration The preserve sits within the center of an extensively altered watershed. The historic northeast to southwest flow through the area has been intercepted and drained by canals and swales resulting in a shorter duration hydroperiod. This change in hydroperiod partially explains the transitional nature of the vegetative communities present. Areas of the preserve that were historically cypress strand forests and depressional marshes are shifting towards less flood tolerant species. Due to the forces altering hydrology being largely upstream and off property, the onsite flow cannot be restored to its pre -development state. The preserve must be managed to benefit the vegetative communities most suited for its current and future conditions. Proposed mastication of large stands of melaleuca may further affect hydrology by creating a mulch layer and reducing water W Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan loss by transpiration. Hydrological mitigation may be required for some or all the proposed visitor amenities. These areas will be planted with appropriate native plants. 6.4. Partnership Opportunities Conservation Collier will continue to seek funding assistance from the FWC Upland Invasive Exotic Plant Management Program. This program has been critical in conducting initial and otherwise cost prohibitive invasive plant removal projects over the past 20 years. Revegetation needs are expected to grow as invasive vegetation is removed, and Conservation Collier intends to cultivate a lasting partnership with Growing Climate Solutions to meet those needs when feasible. 7. Wildlife Management 7.1. Current Wildlife Community Conditions The Rattlesnake Hammock Preserve is comprised of a rich mosaic of plant communities and habitat types that contribute to utilization of the property by a wide diversity of bird, mammal, reptile, amphibian, and invertebrate species. The residential neighborhood adjacent to the preserve is made up of low -density, larger acreage lots that have been maintained in a natural state and contribute to the dispersal and persistence of species through the preserve and into the surrounding neighborhood lands. White-tailed deer and wading bird foraging are the most frequently observed groups along existing management access trails by visitors. Ample opportunities exist to enhance the preserve's wildlife community conditions through habitat restoration activities and management. Table 7.1.1. Observed Wildlife Species Table Type Common Name Species Protection Status Mammals bobcat Lynx rufus Florida black bear Ursus americanus floridanus Florida panther Puma concolor cor i Federally Endangered gray squirrel Sciurus carolinensis nine -banded armadillo Dasypus novemcinctus North American river otter Lontra canadensis Ten Thousand Islands raccoon Procyon lotor marinus Virginia opossum Didelphis virginiana white-tailed deer Odocoileus virginianus Birds blue jay j Cyanocitta cristata 29 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan great -crested Myiarchus crinitus flycatcher mottled duck Anas fulvigula mourning dove Zenaida macroura northern cardinal Cardinalis northern mockingbird Mimus polyglottos red -bellied Melanerpes carolinus woodpecker Reptiles brown anole Anolis sagrei Florida banded water Nerodia pictiventris snake Table 7.1.2. Potential Threatened and Endangered Species Table Type Common Name Species Protection Status Mammals Big Cypress fox squirrel Sciurus niger avicennia State Threatened Everglade's mink Neovison vison ever ladensis State Threatened Florida panther Puma concolor coryi Federally Endangered Florida bonneted bat Eumops floridensis Federally Endangered Birds Audubon's crested caracara Polyborus plancus audubonii Federally Threatened Everglade's snail kite Rostrhamus sociabilis plumbeus Federally Endangered Little blue heron Egretta caerulea State Threatened Roseate spoonbill Platalea ajaja State Threatened Tricolored heron Egretta tricolor State Threatened Wood stork Mycteria americana Federally Threatened Reptiles American alligator Alligator mississippiensis Federally Threatened SA Eastern indigo snake Dr marchon corals cou eri Federally Threatened Gopher tortoise Gopherus pol phemus State Threatened 30 jb � Ili y� JJL-1 JY 5;. _ .i y • I c�}� I ,� x` �YY�_ `r✓a i J a � Npuewle :,: n 73°F OM8000143CAM 14 MAY 2021 nt3' Ct CO z `J� Y "'10130.02 inHg- 80°P 6 07f l3/2022 06:53PM FSTOP S 0 / x _ A ua.roa 29.75 inHg . of ji r..r.A-. C P4 MEN i + � dh�iy 1 � If i�� � �• � Fl �`��r•i'7 rr. MOULTRIE O 57°F FSTOPM8000163 07 MAR 2021 c 07:20 am MOULTME' 66-F FSTOPM50100012 16 JAN 2021 12:07 pm 7507/15/2022 11:28PM FSTOPHFMq* �' Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Photo: Nine -banded armadillo (fStop Foundation, 2022) Photo: Florida bobcat (fStop Foundation, 2022) 34 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Photo: Florida black bear (fStop Foundation, 2022) 7.1.4. Wildlife Management Concerns As preserve land in the urban area of South Naples, one of the most significant threats to wildlife species that utilize Rattlesnake Hammock Preserve is the loss of habitat connectivity and safe dispersal corridors between larger conservation lands due to land use changes like development and expansion of roadways. Wildlife cameras within the preserve have continually documented longer ranging larger mammals utilizing the preserve like Florida black bear, bobcat and Florida panther. Due to the surrounding land use changes, each of these species routinely crosses major roadways in order to access the undeveloped habitat within the preserve. Camera footage of injured bears and reports of a panther kitten mortality in 2022 as a result of crossing roadways adjacent to the preserve shed light on the threats wildlife that utilize lands within the urban area face. Actions such as providing educational outreach to surrounding communities, supporting the addition of wildlife crossing signage on nearby roadways, and continuing to target lands within the acquisition area to reduce development pressure along the existing wildlife corridor may help to reduce these conflicts. Florida black bear are consistently observed utilizing the preserve lands on the wildlife monitoring cameras. Since acquisition, Conservation Collier staff have been notified by neighbors of a number of incidents of conflicts with Florida black bear causing property damage to access food source attractants such as nest boxes and occasionally garbage. As land development expands on parcels adjacent to the existing preserve, staff have the opportunity to partner with adjacent developments and the FWC Florida Black Bear Program to support bear -wise practices for garbage management and attractant reduction to help safeguard the black bears and other species like raccoon and black vulture that utilize the preserve. 35 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 7.2. Desired Future Conditions A preserve with a rich diversity of wildlife species utilization year-round comprised of populations with mixed age classes indicating ongoing recruitment and use of the preserve for denning and nesting activities. 7.3. Management Tools 7.3.1. Habitat Improvements Management activities undertaken within the preserve will consider impacts to wildlife and opportunities to enhance resources for the species that utilize the property. Ongoing restoration efforts such as invasive plant removal, historic debris removal, and plantings will provide progressive habitat improvements for wildlife species that rely on the Rattlesnake Hammock Preserve. Removal and continued maintenance of exotic plant species that were dominant within the preserve upon acquisition, such as Brazilian pepper and melaleuca, will allow for native forage species to recover from the existing seed bank to support herbivore and carnivore populations. Restoration plantings and exotics removal within the wetlands and marshes of the preserve will enhance foraging habitat for imperiled wading birds, migratory birds, and species like river otter that have been observed using the preserve. Removal of historic, nuisance debris will enhance safe wildlife access and dispersal throughout the plant communities within the preserve. Access trails created for land management and potential future public access are routinely utilized by wildlife and provide opportunities to monitor preserve utilization by species with passive wildlife camera observations. 7.3.2. Consumptive Wildlife Use Rattlesnake Hammock Preserve is a 37- acre property within the Urban area of Naples and surrounded by residential housing units. In its current state, the property is not compatible with consumptive wildlife uses such as hunting. Wetlands within the preserve are seasonal. As restoration efforts continue, staff will re-evaluate opportunities for consumptive use such as fishing that are not compatible with the current state of the property. 7.3.3. Monitoring Following acquisition, Conservation Collier staff partnered with the non-profit conservation organization called the fStop Foundation to install and maintain a network of motion -sensor trail cameras throughout the preserve (Photoset 7.1.3: Wildlife Camera Observations) to contribute to data collection for a wildlife utilization species inventory. fStop Foundation cameras provided the first known observations of Florida panther utilizing the property since 2013 and captured mating activities of a male and female panther within the preserve and the kittens that resulted from the interaction. Footage is shared with the FWC Panther Team and provides opportunities for researchers to track utilization of lands within the urban area by imperiled wildlife species. Cameras will continue to be deployed at the preserve to maintain passive monitoring of wildlife. Property restoration, invasive vegetation removal, and plantings provide staff with an opportunity to utilize wildlife surveys to measure enhanced utilization of the preserve's plant communities by 36 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan wildlife in response to management and maintenance actions. It is recommended that regular surveys for breeding birds, reptiles, amphibians, insects, and small and large mammals be conducted on a routine basis to enhance wildlife monitoring and data collection on the preserve. 7.4. Partnership Opportunities Conservation Collier staff will continue to partner and share data and observations with wildlife management agencies such as the Florida Fish and Wildlife Conservation Commission as well as the United States Fish and Wildlife Service (USFWS) where possible. Grant funding may be available to enhance imperiled wildlife species habitat such as the USFWS Partners Grant. Staff will continue to partner with organizations such as the fStop Foundation for monitoring and outreach opportunities. Staff will continue to work collaboratively with the residents of the neighborhood surrounding the preserve who collect and share observations of wildlife species and conflicts and concerns. Staff will seek opportunities to partner with researchers from higher education institutions to enhance conservation efforts of the wildlife species that utilize the preserve. 8. Recreation Management 8.1. Current Recreational Opportunity Conditions The preserve is currently closed to the public. There is an access trail that begins at Adkins Avenue and creates a loop throughout the preserve that may be converted to a visitor trail once mechanical invasive vegetation removal is completed and parking lot is installed. 8.2. Desired Future Conditions The desired future condition is to have amenities required for the public to safely engage in passive natural resource -based recreation. These include a parking lot, visitor trail, educational signage, and viewing/resting areas. Table 8.2.1. Compatible Recreational Activities Recreational Activity Compatible Use Passive nature -based recreation (hiking, photography, wildlife viewing, environmental education, etc.) Yes Hunting No Fishing No Water -based Recreation (paddling, swimming, etc) No Biking No 37 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 8.3. Management Tools 8.3.1. Access Improvements Direct roadway access is only available via Adkins Avenue. In order to remove debris and damaged fencing along Adkins Avenue a large Brazilian pepper hedge was removed. This cleared area is the proposed location for an 8-10 space parking lot and trailhead. There is an existing gate and right of way which crosses the roadside swale in this area. Design and materials for the parking lot will be determined by the constraints of the site. 8.3.2. Amenity Installation/Enhancement Amenities dedicated to visitors include converting the current 3000ft unimproved utility trail into a visitor hiking trail, adding viewing decks/overlooks to the north marsh and historic water treatment area, installing an informational kiosk and interpretive signage, and placing benches. If site conditions allow the portion of the trail that connects the parking lot to the southern viewing deck may be improved to meet Americans with Disabilities Act (ADA) standards for accessibility. Native plantings will be utilized to enhance the aesthetics surrounding visitor amenities. M Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Rattlesnake Hammock Preserve Conceptual Split Rail Fence and Gates Existing Stormwater Treatment Fence Parking Spaces Conceptual Parking Lot and Driveway Conceptual Viewing Decks Conceptual Trail Conceptual Kiosk North Marsh Historic Water Treatment Figure 8.3.3. Conceptual Visitor Amenities Miles 39 CON ATION LLIER Cv l%r County Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 8.4. Partnership Opportunities Residents adjacent to the preserve have expressed their desire to help maintain trails and plantings and have assisted during volunteer workdays. Once the preserve is open to the public, staff would like to further cultivate this neighborhood volunteer group and train them to independently monitor and clean the trails. 9. Preserve Safety and Security Management 9.1. Current/Predicted Human Conflict Conditions Prior to acquisition this property had a long history of illegal dumping and housed a package wastewater treatment plant that serviced the adjoining Wing South Airpark for approximately 25 years from starting in the mid-1970s (Photoset 9.1.1: Historic Water Treatment Plant). The wastewater plant structures were demolished and removed from the site in April of 2018. There were no remaining structures on site at the time of acquisition except for approximately 1000ft of 6ft tall, dilapidated, chain link fencing was left surrounding the water treatment area and along Adkins Avenue. Additionally, a large pile of broken concrete, tires, and various other debris was located immediately south of Adkins Avenue. In 2020, invasive vegetation was cleared to allow for machinery to remove and dispose of this fencing and debris. It is likely that more debris will be uncovered as additional stands of invasive vegetation are removed. The previously undeveloped properties to the north of the preserve experienced frequent off -road vehicle trespass. There is currently little off -road vehicle trespass on the site, but it may become more vulnerable as stands of invasive trees are cleared creating potential points of entry. Like other secluded, public properties, the preserve may attract those wishing to engage in illicit activities. Photoset 9.1.1: Historic Wastewater Treatment Plant Photo: Collier County Pollution Control, 2017 40 - I - Ak We It'll A0, .W-11 /is Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 9.2. Desired Future Conditions A preserve free of littering, dumping, illicit activities, neighbor disturbances, unauthorized vehicles, and after-hours trespass. 9.3. Management Tools 9.3.1. Site Security Improvements To prevent trespass, staff installed a temporary barbed wire fence along Adkins Avenue that runs between the neighboring residence and ties into the existing Stormwater Treatment fence that runs along the east side of the preserve. A more permanent solution that is more aesthetically pleasing and blocks vehicles, but not wildlife is necessary before the preserve can be opened to the public. This proposed fence will need an automatic gate to allow visitors to access the proposed parking lot between sunrise and sunset. Additional fencing and removable bollards will be necessary to prevent vehicles from entering the trail during times when the gate is open. Trees have already been planted and will continue to be planted to block openings where invasive vegetation has been removed. Preventing access to the parking lot after dark should aid in preventing after hours trespass and illicit activities. Preserve regulations will include signage to the public of carry -in, carry -out practices to reduce impact to the preserve and no trash receptacles will be available along the trail in order to prevent wildlife conflicts. 9.3.2. Debris Removal Debris will continue to be removed and disposed of offsite as it is encountered. Staff will monitor the preserve boundaries for signs of illegal dumping, erect education signage, and work collaboratively with the Collier County Sheriff's Office to address repeat offenses. 9.3.3. Contamination Remediation A Phase I Environmental Site Assessment was conducted by Tetra Tech on behalf of Collier County prior to acquisition. This assessment determined no Recognized Environmental Conditions associated with the preserve lands and prior wastewater treatment activities. 9.4. Partnership Opportunities Staff will collaborate with both the Collier County Sheriff's Office and FWC Law Enforcement to both prevent and respond to any criminal site security and safety issues as they present themselves. Adjacent neighbors have kept staff apprised of notable human and wildlife activity. 10. Cultural Resource Management 10.1. Current Cultural Resource Conditions A due diligence cultural resource assessment conducted by Archaeological and Historical Conservancy, Inc. in April 2017 revealed two black earth midden archaeological sites ("Porque Pig" 8CR710 and "Wing South 1" 8CR1482) within the SD Corp Preserve boundary. This 42 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan assessment included a pedestrian survey and judgmental shovel testing in 11 identified higher probability target areas. A total of 51 shovel tests were excavated. Fourteen shovel tests were positive for prehistoric material including shell tools, faunal bone, and pottery. This site is potentially eligible for listing on the National Register of Historic Places due to the likelihood that it contains information bearing on an important archaeological research question. It is recommended that the two sites be avoided during ground disturbing activities. Although not ground disturbing, archaeological monitoring was conducted by Archaeological and Historical Conservancy, Inc. on November 19, 2020, during debris removal and initial exotic removal near site 8CR710. No disturbance or artifacts were recorded. 10.2. Desired Future Conditions A preserve with intact and secure cultural resources that provide an opportunity for community education about pre -historic settlements. 10.3. Management Tools The County will notify the Division of Historical Resources immediately if evidence is found to suggest any additional archaeological or historic resources are discovered. If such resources are identified on -site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). 10.4. Partnership Opportunities Staff will seek out opportunities to partner with organizations including the Division of Historical Resources, the National Register of Historic Places and research institutions to enhance the knowledge and safeguarding of the properties rich, cultural resources. Staff will seek opportunities to partner with organizations and agencies that can enhance monitoring and enforcement efforts to maintain site security. 43 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 11. Budget Table 11.1. Past and Projected Expenditures Table m Q C7 -, -4 °� v O 70 CD7C H w. N "a Fp D] O C C O CQ OOP S 3 !D N I n• OSU a w fD vOi rn 3 - 3 7 6 O '^ 0 (D W O � <' \ O O O to w OQ N O .-� CD(D O 70 m -O [D (D CL N 32 fD O O •! y CD = N C D) O U D) cu W 3 a4 = Q O N s CL S—w- D� V kn KJ'f IV p O N DJ n � O CDO O IV p N N CD � DJ CDO O Q Q � O �O t� N O V> -J VO W Kz' K/f O in O CD CD O CD O Z) O O 1N-� O O 0 O O A LD W O O N CDO O =5 O (D NJ Q M h-+ 00 -L/ O Ln O `(-n -L � O - 7 w A p� K, O O CD O O fD O O W O O O N 00 O O�U UO C7 iA O CD cz:) CDO al O CD pW O CDO pW CD O O O cn O A _ V O N p O p O O O O O O VN O O _ _ p O O CDO p O O O c O CDQ% O N O O p � p O O � C O N O O O Ln p O p O OCD O O O O ONO O O _ K!f _ p O O O p O O O O 00 O O O N to O O N O O O Q 00 O W O CD O 00 CD 00 W I--� C O O O O 44 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan 12. Appendix Photoset 12.1: Representative Site Photos Photo: North Marsh, herbaceous marsh Photo: Mixed Scrub -Shrub Wetland, North marsh, herbaceous marsh 45 10 lop. g" I'M . ..... JAI f jO, 4K PiO . . . . . . . . . . 'A,- I�V Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Photo: Mixed hardwood -coniferous, heavy melaleuca infestation Photo: Cypress and melaleuca along stormwater canal Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Photo: Cypress Swamp Photo: Mixed hardwood -coniferous Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Figure 12.2. Legal Description COWEwAnoN roLp r;R - SU C(WWCYPiAESS 9J ENNGS U Cf WkPLLS LLC TAX WMFW*L ATKw i4uoem oNisi ow? 8 ¢�4zswo Qp EXHIBIT "A" LEGAL DESCRIPTION: THE EAST HALF (E %) OF THE SOUTHEAST 'QUARTER (SE %) OF THE SOUTHIAEST OUARTER (SW %) OF THE NORTHEAST OUARTER (NE %) AND THE EAST HALF (E %) OF THE WEST HALF (W %) OF THE SOUTHEAST CIUARTER (SE %) OF THE SOUTHWEST QUARTER (S1N Aa) OF THE NORTHEAST OVARTER (NE V- ) OF SECTION 16. TOWNSHIP 50 SOUTH. RANGE 215 EAST. LYING AND BEING IN COLLIER COUNTY. FLORIDA. LESS THE NORTHERLY 30 FEET THEREOF FOR LOAD RIGHT-OF-WAY PURPOSES ANO FORMERLY KNOWN AS THE SEWAGE TREATMENT PLANT LAND. (7,15 ACRES) PROPERTY IDENTIFICATION NUMBER- D0425920WO 51 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan CONSERVA,r" C*LLIER -SO CORP-CYPRESS LANDINGS II OF HAKES LLC. TU RXNVIFr-ATK)N NLPMMFt DB 4121♦; MY d WA2t4.2D08d EXHIBIT "B" LEGAL DESCRIPTION: THE NORTH HALF (N •h) OF TK NORTHWEST QUARTER (NW %) OF THE SOUTHEAST QUARTER (SE ;.) AND THE SOUTHEAST QUARTER (SE '/,) OF THE NORTH EST QUARTER (NW %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 16. TOWNSHIP 50 SOUTH. RANGE 26 EAST, LYING AND GEING IN COLLIER COUNTY. FLORIDA. (30ACRES) PROPERTY IDENTIFICATION NUMBER: 00419160007 52 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Public Meeting Comments and Staff Responses Thirteen members of the public attended the meeting, most were immediate neighbors or resided along Adkins Ave. Attendees had a favorable opinion of the preserve and were supportive of the wildlife, vegetation, and cultural resource management aspects of the plan. Most questions, comments, and concerns pertained to the recreation management, preserve safety, and site security management section. Attendees expressed a desire to limit/prevent visitation to the preserve to maintain the "character" and privacy of their neighborhood. Questions and staff responses are grouped into categories below. Access: Question: Does the preserve have to be opened to the public or can it be designated for resource protection? Staff Response: Conservation Collier preserves belong to all residents of Collier County and are opened to the public when they are accessible, and their site conditions and conservation goals are compatible with outdoor recreation. This preserve was purchased for its ability to both protect wildlife and provide public greenspace in the urban area. Question: Can you not place a sign advertising the location of the preserve on Santa Barbara Blvd? Staff Response: Signage would attract visitors to the preserve and aid in navigation but is not critical to meeting public recreation goals. Question: What kind of amenities will be present on the preserve that will attract visitors? Staff Response: Proposed amenities are minimal and include a short hiking trail, interpretive signage, observation decks, and a bench at the furthest point of the trail. These features are intended to improve visitor's ability to connect with nature. Typical park -type amenities, such as picnic tables, shade structures, playgrounds, and trash cans are not proposed as they may attract non -nature -based recreationists and detract from the natural setting. Question: How wide will the trail be and what kind of surface will it have? Staff Response: The proposed trail will be 6 - 8ft wide and have a dirt or mulch substrate. Question: How many visitors do you expect to use the preserve? How much additional traffic will these visitors create? Staff Response: This is currently unknown. It is expected that very few people will visit from May - November due to flooded conditions during these months. Question: Who will be responsible for maintaining Adkins Avenue? Staff Response: Adkins Avenue is a public road maintained by Collier County. Parking Lot Desiqn: Question: Can you reduce the proposed parking lot from ten to five spaces? Staff Response: The nearby Serenity Walk Park has five parking spaces which is inadequate for the volume of people who would like to visit that park. Ten parking spaces is not excessive. In 53 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan addition, funding put towards a parking lot should provide adequate parking; it would be a similar cost to build 5 spaces as it would be to build 10 spaces due to the permitting and design costs. An appropriate parking lot is necessary to provide the taxpayers a way to derive the benefits of their contribution. In addition, if adequate parking is not provided then visitors would end up parking along the street which is not desired by the neighbors. Question: Can you prevent visitors from parking on the road shoulder? Staff Response: Signs instructing visitors to avoid parking on the road shoulder could be installed but building an adequately sized parking lot would better prevent this occurrence. Question: Can you construct the parking lot from crushed shell/gravel/natural materials? Staff Response: These materials are more difficult to maintain than the proposed permeable concrete surface. Question: Can you face the parking stalls into the preserve instead of towards the road? Yes. Site Security: Question: How will you prevent unauthorized access to the preserve? Staff Response: The proposed parking lot will have an automatic gate that remains closed from sunset to sunrise, a fence that runs along the frontage with Adkins Ave, and partially down the western boundary, and bollards at the trailhead. This fence will be constructed so that it will be aesthetically pleasing and stop vehicles but not negatively impact the movement of wildlife. No additional access points are proposed. Dense vegetation prohibits vehicle access to the preserve via Everett St. Question: Will there be lighting installed in the parking lot? Staff Response: No. The preserve will be closed from sunset to sunrise, so lighting is unnecessary. Question: How often will the parking lot be maintained and inspected? Staff Response: Conservation Collier staff will regularly visit the preserve to inspect/maintain amenities and landscaping. Question: Who will respond to issues at the preserve? Staff Response: Emergency/criminal issues should be directed to the Collier County Sheriffs, wildlife issues should be directed to the Florida Fish and Wildlife Conservation Commission Law Enforcement, and all other issues should be directed to Conservation Collier staff. Other: Question: Can the preserve be developed? Staff Response: In accordance with Conservation Collier Ordinance 2019-03, purchasing land using Conservation Collier program funds permanently extinguishes all development rights except those strictly compatible with the purposes and goals of Conservation Collier. 54 Conservation Collier Rattlesnake Hammock Preserve 10-year Land Management Plan Question: Would you consider you planting beneficial plants for pollinating insects? Staff Response: Yes. We have already installed some native flowering plants and intend to do more.