Agenda 11/14/2023 Item #11B (Sale and Purchase agreement for the Conservation Collier Land Acquisition Program)11/14/2023
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with 1) Dredge Management Associates,
LLC; 2) Clair Williams; 3) Scott Kent Bailey and Christopher Roger Bailey (“Bailey); and 4) Thomas
Mooney, William L. Mooney, Jorja V. Thomas-Murcia, Marie McDavid, and Carmen M. Hankins-Colon
(“Mooney”) under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,665,525,
expand the Winchester Head Preserve multi-parcel project area boundary to include the Bailey parcel, and
authorize budget amendments to recognize carryforward of $8,800,000 in Conservation Collier Acquisition
Fund (1061) and $515,000 in and Conservation Collier Maintenance Fund (1062).
_____________________________________________________________________________
OBJECTIVE: To purchase four properties for the Conservation Collier Program (“Program”).
CONSIDERATIONS: On February 28, 2023, Agenda Item #11C, the Board of County Commissioners (Board)
approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 11B
Active Acquisition List (AAL) and directed staff to actively pursue acquisition of the properties under the Program.
The Dredge Management, Williams, and Mooney properties and all parcels within the Winchester Head Preserve
multi-parcel project were approved as A-list properties on the Cycle 11B AAL.
Dredge Management Associates, LLC - Parcel 00742040001 - at the SE corner of Port Au Prince Rd.
and Collier Blvd intersection.
o 18.73-acres (815,879 square feet) of vacant, unimproved land that contains 100% hydric soils and
consists of primarily wetlands (mangrove swamp, wetland forested mixed, freshwater marsh, hydric
pine flatwoods, and mixed wetland hardwoods) with some areas of pine flatwoods.
o Located directly east of Shell Island Preserve, across Collier Blvd., within the Urban Coastal Fringe
Subdistrict.
o Supports listed wading bird species, American alligators, Florida panthers, and Florida black bears.
o Surface water is present throughout the property during the wet season, and the parcel provides
protection from storm surges.
o Staff contracted with two independent, state-certified, general real estate appraisal firms to appraise the
Dredge Management parcel. The cost to obtain these appraisals was $4,000.
o An offer of $1,433,300 was made on July 5, 2023. The negotiated purchase price of $1,512,875 was
accepted on September 6, 2023.
o The first appraisal was for $1,500,000. The second appraisal was for $1,685,000. The purchase price is
95% of the average of these two appraisals.
Clair Williams - Parcel 61731571009 - off Blue Sage Dr. north of Brantley Blvd.
o 0.50-acres (21,780 square feet) of vacant, unimproved land that contains upland pine flatwoods.
o Located directly west of, and adjacent to, Nancy Payton Preserve.
o Contains several gopher tortoise burrows and supports Florida panther, Florida black bear, and red-
cockaded woodpecker. Taller palmettos within the parcel provide potential panther denning habitat.
o Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise a
total of four parcels within the Nancy Payton Preserve Project. The total cost to obtain an individual
appraisal for each of the four parcels was $3,000. Clair Williams was the only seller of the four parcels
appraised within the Nancy Payton Preserve Project that accepted Conservation Collier's offer.
o An offer of $57,000 was made on June 14, 2023. The negotiated purchase price of $60,000 was
accepted on July 18, 2023.
o The purchase price is 100% of the appraised value.
Winchester Head Preserve multi-parcel project: The Winchester Head Multi-Parcel project, located north of
Oil Well Road and east of Everglades Boulevard, was established in 2005. A total of 102.43 acres (65%) of the
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157.5-acre project have been acquired within the project boundary. Acquisition within Winchester Head provides
floodplain storage for surrounding home sites during the 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 in the County’s Watershed Management
Plan. Additional program criteria that would be satisfied by this acquisition include protection of surface and
groundwater resources, protection of wetland-dependent species habitat, and good potential for restoration.
The project consists primarily of freshwater marsh and cypress, a habitat for many endangered wading birds,
including the wood stork. Telemetry points show use by Florida panthers, and panthers are observed on wildlife
cameras on the existing preserve.
Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise all parcels
within the Project. The appraisal dated August 2022, which included the Bailey and Mooney parcels noted below,
provided an average appraised value for wetland parcels within the Project at $25,000 an acre. The cost to obtain
the appraisal was $2,800.
Bailey - Parcel 39960440001 - on the south side of 37th Ave NE, east of Everglades Blvd N
o 1.59-acres (69,260 square feet) of vacant, unimproved land consisting of forested and scrub-shrub
wetland with 100% hydric, depressional soils.
o Although just outside the original Winchester Head project area boundary, the Bailey parcel is directly
adjacent to Winchester Head Preserve on its western boundary. It is located within the depressional,
topographic feature known as Winchester Head. The parcel is also 100% wetlands and consistent with
the ecological characteristics of all other parcels within the project area. Including and purchasing this
property as part of the Winchester Head multi -parcel project area would further the Program’s goal of
creating a unified preserve in Winchester Head.
o An offer of $38,500 was made on August 31, 2023, and accepted on September 1, 2023.
o The purchase price is 97% of the appraised value.
Mooney - Parcel 39953720000 - on the north side of 39th Ave NE, east of Everglades Blvd N
o 1.59-acres (69,260 square feet) of vacant, unimproved land consisting of forested wetland with 100%
hydric, depressional soils.
o The Mooney parcel is within the Winchester Head Preserve multi-parcel project area boundary.
o An offer of $39,800 was accepted on May 15, 2023.
o The purchase price is 100% of the appraised value.
On October 4, 2023, the CCLAAC voted unanimously to recommend Board approval of the Dredge Management,
Williams, and Bailey purchase agreements. On November 1, 2023, the CCLAAC voted unanimously to recommend
Board approval of the Mooney purchase agreement.
These acquisitions are consistent with Conservation Collier Purchasing Policy, Resolution No. 2023-10, which
allows the offer amount to be determined by staff but no more than the appraised value.
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report (PDR) for each property is provided
herewith.
FISCAL IMPACT: The funds for these four land acquisitions will be withdrawn from the Conservation Collier
Trust Fund (1061). The four properties identified herein are comprised of a not -to-exceed acquisition cost of
$1,665,525 as follows:
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Seller Name Acres Appraised
Value
Purchase
Price
Closing Costs (title
commitment, title
policy, closing fee,
recording fees)
Total
Purchase
Price
Initial 5
Yr. Maint
Costs
Long-term
Annual
Maint Costs
Dredge Mngmt. 18.73 $1,592,500 $1,512,875 $9,900 $1,522,775 $47,800 $3,750
Williams 0.5 $60,000 $60,000 $1,550 $61,550 $950 $100
Bailey 1.59 $39,800 $38,500 $1,450 $39,950 $1,870 $350
Mooney 1.59 $39,800 $39,800 $1,450 $41,250 $1,870 $350
TOTAL 20.82 $1,732,100 $1,651,175 $14,350 $1,665,525 $52,490 $4,550
As of November 14, 2023, the estimated property acquisition costs for Conservation Collier properties, including
these properties and those under contract, total $122,200,397. The funds for managing these parcels will be
expended from the Conservation Collier Maintenance Fund (1062). The initial costs of maintenance are provided in
the attached PDRs. The total maintenance costs for these parcels for the first five years (initial maintenance costs)
are estimated at $52,490. After initial restoration, the estimated maintenance costs for these parcels will be
approximately $4,550 annually.
Budget amendments are necessary to recognize carryforward of $8,800,000 in Conservation Collier Acquisition
Fund (1062) and $515,500 in Conservation Collier Maintenance Fund (1061) and appropriate funds into land
capital outlay available for future Conservation Collier acquisitions and maintenance fund reserves.
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 a majority vote for
approval. -SAA
RECOMMENDATION: To approve an Agreement for Sale and Purchase with 1) Dredge Management
Associates, LLC; 2) Clair Williams; 3) Scott Kent Bailey and Christopher Roger Bailey (“Bailey); and 4) Thomas
Mooney, William L. Mooney, Jorja V. Thomas-Murcia, Marie McDavid, and Carmen M. Hankins-Colon
(“Mooney”) under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,665,525, expand
the Winchester Head Preserve multi-parcel project area boundary to include the Bailey parcel, and authorize budget
amendments to recognize carryforward of $8,800,000 in Conservation Collier Acquisition Fund (1061) and
$515,000 in and Conservation Collier Maintenance Fund (1062).
Prepared by: Jeremiah Westerfield, Sr. Property Acquisition Specialist II, Real Property Management
ATTACHMENT(S)
1. Dredge Management Purchase Agreement (PDF)
2. [Linked] Dredge Management Appraisal - Carlson Norris (PDF)
3. [Linked] Dredge Management Appraisal - Carroll and Carroll (PDF)
4. Dredge Management Environmental Summary & Report (PDF)
5. Dredge Management-PDR (PDF)
6. Williams Purchase Agreement (PDF)
7. [Linked] Williams Appraisal (PDF)
8. [Linked] Williams Environmental Summary & Report (PDF)
9. Williams-PDR (PDF)
10. Bailey Purchase Agreement (PDF)
11. [Linked] Bailey Appraisal - Winchester Head market study appraisal (PDF)
12. Bailey Environmental Summary - Winchester Head (PDF)
13. Bailey-PDR (PDF)
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14. Mooney Purchase Agreement (PDF)
15. [Linked] Mooney Appraisal - Winchester Head market study appraisal (PDF)
16. Mooney Environmental Summary - Winchester Head (PDF)
17. Mooney-PDR (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 26879
Item Summary: Recommendation to approve an Agreement for Sale and Purchase with 1) Dredge Management
Associates, LLC; 2) Clair Williams; 3) Scott Kent Bailey and Christopher Roger Bailey (“Baile y); and 4) Thomas
Mooney, William L. Mooney, Jorja V. Thomas-Murcia, Marie McDavid, and Carmen M. Hankins-Colon
(“Mooney”) under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,665,525, expand
the Winchester Head Preserve multi-parcel project area boundary to include the Bailey parcel, and authorize budget
amendments to recognize carryforward of $8,800,000 in Conservation Collier Acquisition Fund (1061) and
$515,000 in and Conservation Collier Maintenance Fund (1062). (Jaimie Cook, Development Review Director)
Meeting Date: 11/14/2023
Prepared by:
Title: – Facilities Management
Name: Jeremiah Westerfield
10/12/2023 12:36 PM
Submitted by:
Title: Department Head - GMD – Growth Management Community Development Department
Name: James C French
10/12/2023 12:36 PM
Approved By:
Review:
Facilities Management John McCormick Additional Reviewer Completed 10/13/2023 9:56 AM
Public Services Department Melissa Hennig Additional Reviewer Completed 10/13/2023 11:12 AM
Development Review Summer BrownAraque Additional Reviewer Completed 10/16/2023 11:57 AM
Facilities Management Jennifer Belpedio Additional Reviewer Completed 10/16/2023 3:09 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
10/16/2023 4:22 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
10/17/2023 12:31 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 10/17/2023 1:21 PM
Growth Management Community Development Department Jaime Cook Additional Reviewer Completed
10/27/2023 7:32 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/27/2023 9:00 AM
County Attorney's Office Ronald Tomasko Additional Reviewer Completed 10/30/2023 2:48 PM
Growth Management Community Development Department James C French Growth Management Completed
11/02/2023 3:50 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2023 3:53 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 5:29 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/03/2023 8:47 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/08/2023 2:41 PM
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Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
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Packet Pg. 95 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 96 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 97 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 98 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 99 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 100 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 101 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 102 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 103 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 104 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 105 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 106 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
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Packet Pg. 107 Attachment: Dredge Management Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management,
BCC Conservation Collier Property Summary Cycle 11B
Dredge Management
CCLACC Recommendation: A-category This is a Cycle 10 A-category approved property
Property Name: Dredge Management Owner: Dredge Management Associates, LLC
Target Protection Area: Urban – Shell Island Preserve Acreage: 18.73 acres
Total Estimated Market Value: $1,620,000
Highlights:
•Location: Adjacent to Shell Island Preserve and Rookery Bay National Estuarine
Reserve along Collier Blvd and Port Au Prince Rd.
•5 of the 6 Initial Screening Criteria were met: Native plant communities; water
resources; human values; biological and ecological values; conservation land
enhancement
•Habitat: 6 native plant communities exist within the parcel. This property is
primarily wetlands with freshwater marsh, mangrove swamp, and mixed wetland
hardwood components. Uplands include mesic and hydric pine flatwood
•Listed Plants: 3 listed Tillansdia species observed
•Listed Wildlife: American alligator; Panther telemetry data indicates habitat
utilization and a road mortality event within 0.5 miles of the parcel Water Resource
Values: Provides moderate aquifer recharge; hydric soils; holds water throughout the
year; provides storm surge protection; designated as Outstanding Florida Water
•Connectivity: Adjacent to Shell Island Preserve; Inholding within the Rookery Bay
Estuarine Research Reserve
•Access: Adjacent to Collier Boulevard and Port Au Prince Rd
•Management Issues / Estimated Costs: 25% exotic plant coverage; Initial exotic
removal estimated at $16,900 and ongoing annual estimated at $5,000
•Partnership Opportunities: None anticipated
•Zoning/Overlays: Zoned RSF-3 (3 units/acre)
•Surrounding land uses: PUD; Residential; Conservation; Roadway
•All Criteria Score: 244 out of 400; Ecological value, restoration/management.
vulnerability scores are high
•Other Division Interest: Potential for future SR 951 impacts including Public
Transit and Neighborhood Enhancement (PTNE) Division interested in ROW for bus
stop improvements.
•Acquisition Considerations: Canal /ditch dug through the property before 1952 could be a potential environmental concern.
92
30 55 67
160
80 80 80
0
50
100
150
200
1 - Ecological
Value
2 - Human
Value
3 -
Restoration
and
Management
4 -
Vulnerability
Total Score: 244/400
Awarded Points Possible Points
11.B.d
Packet Pg. 108 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier -
BCC Conservation Collier Property Summary Cycle 11B
Dredge Management
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Packet Pg. 109 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier -
Conservation Collier
Initial Criteria Screening Report
Dredge Management Parcel
Owner Names: Dredge Management Associates, LLC
Folio Number: 00742040001
Size: 18.73
Staff Report Date: November 2, 2022 - updated December 19, 2022
92
30 55 67
160
80 80 80
0
50
100
150
200
1 - Ecological
Value
2 - Human
Value
3 - Restoration
and
Management
4 - Vulnerability
Total Score: 244/400
Awarded Points Possible Points
11.B.d
Packet Pg. 110 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
2
Table of Contents
Table of Contents ......................................................................................................................................... 2
1.Introduction ........................................................................................................................................... 4
2.Summary of Property ............................................................................................................................ 5
Figure 1 - Parcel Location Overview .........................................................................................................5
Figure 2 – Parcel Close-up ........................................................................................................................6
2.1 Summary of Property Information ....................................................................................................7
Table 1 – Summary of Property Information .....................................................................................7
Figure 3 - Secondary Criteria Score ....................................................................................................8
Table 2 – Secondary Criteria Score Summary ....................................................................................8
2.2 Summary of Assessed Value and Property Cost Estimates ..............................................................9
Table 3. Assessed & Estimated Value ................................................................................................9
2.2.1 Zoning, Growth Management and Conservation Overlays ....................................................9
2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10) ...................................................... 10
3.Initial Screening Criteria ...................................................................................................................... 12
3.1 Ecological Values ............................................................................................................................. 12
3.1.1 Vegetative Communities ....................................................................................................... 12
Table 4. Listed plant species observed ........................................................................................... 12
Figure 4 - CLIP4 Priority Natural Communities ........................................................................ 13
Figure 5 - Florida Cooperative Land Cover Classification System ............................................ 14
Figure 6 – Freshwater marsh ................................................................................................... 15
Figure 7 –Mangroves and freshwater marsh with pine flatwoods in background .................. 15
3.1.2 Wildlife Communities ............................................................................................................ 16
Figure 8 – American alligator trail ........................................................................................... 16
Figure 9 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................... 17
Figure 10 - CLIP4 Potential Habitat Richness ........................................................................... 18
3.1.3 Water Resources ................................................................................................................... 19
Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones ............................ 20
Figure 12 - Collier County Soil Survey ...................................................................................... 21
Figure 13 LIDAR Elevation Map ............................................................................................... 22
3.1.4 Ecosystem Connectivity ........................................................................................................ 23
Figure 14 - Conservation Lands ............................................................................................... 23
3.2 Human Values ................................................................................................................................. 24
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Packet Pg. 111 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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3.2.1 Recreation ............................................................................................................................. 24
3.2.3 Aesthetic/Cultural Enhancement ......................................................................................... 24
3.3 Restoration and Management ....................................................................................................... 25
3.3.1 Vegetation Management ...................................................................................................... 25
3.3.1.1 Invasive Vegetation ..................................................................................................... 25
3.3.1.2 Prescribed Fire ............................................................................................................ 25
3.3.2 Remediation and Site Security .............................................................................................. 25
Figure 15 - Historic ATV impact from 2010 Aerial ................................................................... 26
3.3.3 Assistance .............................................................................................................................. 26
3.4 Vulnerability .................................................................................................................................... 26
3.4.1 Zoning and Land Use ............................................................................................................. 26
Figure 16 – Zoning ................................................................................................................... 27
Figure 17 – Future Land Use ................................................................................................... 28
3.4.2 Development Plans ............................................................................................................... 29
4.Acquisition Considerations ................................................................................................................... 29
5. Management Needs and Costs .............................................................................................................. 29
Table 5 - Estimated Costs of Site Remediation, Improvements, and Management ................ 29
6.Potential for Matching Funds .............................................................................................................. 29
7.Secondary Criteria Scoring Forms ....................................................................................................... 30
8.Additional Site Photos ......................................................................................................................... 36
APPENDIX 1 – Critical Lands and Water Identification Maps (CLIP) Definitions ...................................... 46
APPENDIX 2 – Magdalener Environmental Assessment ........................................................................... 48
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Packet Pg. 112 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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1. Introduction
The Conservation Collier Program (Program) is an environmentally sensitive land acquisition and
management program approved by the Collier County Board of County Commissioners (Board) in 2002
and by Collier County Voters in 2002 and 2006. The Program was active in acquisition between 2003 and
2011, under the terms of the referendum. Between 2011 and 2016, the Program was in management
mode. In 2017, the Collier County Board reauthorized Conservation Collier to seek additional lands
(2/14/17, Agenda Item 11B). On November 3, 2020, the Collier County electors approved the
Conservation Collier Re-establishment referendum with a 76.5% majority.
This Initial Criteria Screening Report (ICSR) has been prepared for the Conservation Collier Program in its
11th acquisition cycle (Quarter B) to meet requirements specified in the Conservation Collier
Implementation Ordinance, 2002-63, as amended, and for purposes of the Conservation Collier Program.
The sole purpose of this report is to provide objective data to demonstrate how properties meet the
criteria defined by the ordinance.
The following sections characterize the property location and assessed value, elaborate on the initial and
secondary screening criteria scoring, and describe potential funding sources, appropriate use, site
improvements, and estimated management costs.
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Packet Pg. 113 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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2.Summary of Property
Figure 1 - Parcel Location Overview
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Packet Pg. 114 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
6
Figure 2 – Parcel Close-up
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Packet Pg. 115 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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2.1 Summary of Property Information
Table 1 – Summary of Property Information
Characteristic Value Comments
Name Dredge
Management Owner - Dredge Management Association LLC
Folio Number(s) 00742040001
Target Protection
Area (Ord. 2002-63,
Section 10.3)
Urban Within the Shell Island Preserve Target Mailing Area
Size 18.73
Section, Township,
and Range S15 T51 R26E
Zoning
Category/TDRs RSF-3 Residential Single Family Distict, 3 units per acre
FEMA Flood Map
Category AE Subject to inundation by 1% annual chance flood event
Existing structures None
Adjoining properties
and their Uses
undeveloped land,
Fiddlers Creek PUD,
Mobile Homes,
roadway, and
conservation land
Bordered to the north by Port Au Prince Rd. and
undeveloped land not designated as a PUD, to the south by
a canal and Fiddlers Creek PUD, to the east by Port au
Prince Mobile Homes, and to the west by Collier Blvd. and
Conservation Collier Shell Island Preserve.
Development Plans
Submitted No
Known Property
Irregularities
Historic canal that
was later filled
through property
creates elevated
berm
Other County Dept
Interest PTNE
The Public Transit and Neighborhood Enhancement (PTNE)
Division would like to reserve right of way (ROW) for its bus
stop improvements. PTNE will need to compensate the
seller for the portion of property needed for the bus stop
improvements; this area will be excluded from the
purchase by Conservation Collier.
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Packet Pg. 116 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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Figure 3 - Secondary Criteria Score
Table 2 – Secondary Criteria Score Summary
Criteria Awarded
Weighted Points
Possible
Weighted Points
Awarded/Possible
Points
1 - Ecological Value 92 160 58%
1.1 - Vegetative Communities 35 53 65%
1.2 - Wildlife Communities 24 27 90%
1.3 - Water Resources 16 27 60%
1.4 - Ecosystem Connectivity 17 53 33%
2 - Human Values 30 80 38%
2.1 - Recreation 6 34 17%
2.2 - Accessibility 20 34 58%
2.3 - Aesthetics/Cultural Enhancement 4 11 38%
3 - Restoration and Management 55 80 69%
3.1 - Vegetation Management 46 55 83%
3.2 - Remediation and Site Security 9 23 40%
3.3 - Assistance 0 2 0%
4 - Vulnerability 67 80 83%
4.1 - Zoning and Land Use 58 58 100%
4.2 - Development Plans 9 22 40%
Total 244 400 61%
92
30
55 67
160
80 80 80
0
20
40
60
80
100
120
140
160
180
1 - Ecological
Value
2 - Human Value 3 - Restoration
and Management
4 - Vulnerability
Total Score: 244/400
Awarded Points Possible Points
11.B.d
Packet Pg. 117 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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2.2 Summary of Assessed Value and Property Cost Estimates
The interest being appraised is fee simple “as is” for the purchase of the sites. Values of the parcels were
estimated using only one of the three traditional approaches to value, the sales comparison approach.
It is based on the principal of substitution that an informed purchaser would pay no more for the rights
in acquiring a particular real property than the cost of acquiring, without undue delay, an equally
desirable one. Three properties were selected for comparison, each with similar site characteristics,
utility availability, zoning classification and road access. No inspection was made of the property or
comparables used in this report and the Real Estate Services Department staff relies upon information
solely provided by program staff. The valuation conclusion is limited only by the reported assumptions
and conditions that no other known or unknown adverse conditions exist.
If the Board of County Commissioners chooses to acquire this property, appraisals by independent Real
Estate Appraisers will be obtained at that time. Pursuant to the Conservation Collier Purchase Policy,
two appraisals are required for the Dredge Management parcel, which has an initial valuation greater
than $500,000; 2 independent Real Estate Appraisers will value the subject property and the average of
the two appraisal reports will determine the actual value of the subject property.
Table 3. Assessed & Estimated Value
Property owner Address Acreage Assessed
Value*
Estimated
Value**
Dredge Management Association LLC No address 18.73 $796,025 $1,620,000
* Assessed Value is obtained from the Property Appraiser’s Website. The Assessed Value is based off
the current use of the property.
**The Estimated Market Value for this parcel was obtained from the Collier County Real Estate
Services Department in November 2022 prior to CCLAAC ranking.
2.2.1 Zoning, Growth Management and Conservation Overlays
Zoning, growth management and conservation overlays will affect the value of a parcel. This parcel is
zoned RSF-3, which allows for 3 residential single-family units per acre. Its Future Land Use designation
is Urban Coastal Fringe Subdistrict.
11.B.d
Packet Pg. 118 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
10
2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10)
Criteria 1: Native Habitats
Are any of the following unique and endangered plant communities found on the property?
Order of preference as follows:
i. Hardwood hammocks No
ii. Xeric oak scrub No
iii. Coastal strand No
iv. Native beach No
v. Xeric pine No
vi. Riverine Oak No
vii. High marsh (saline) No
viii. Tidal freshwater marsh No
ix. Other native habitats YES
Statement for Satisfaction of Criteria 1: Six native plant communities are identified within the
boundary of the Dredge Management parcel.
Criteria 2: Human Social Values
Does land offer significant human social values, such as equitable geographic distribution,
appropriate access for nature-based recreation, and enhancement of the aesthetic setting of
Collier County? YES
Statement for Satisfaction of Criteria 2: This property is within the Urban Coastal Fringe and
visible from a major County Road. It is adjacent to other Conservation Collier land (across
Collier Blvd.) and is accessible via Port Au Prince Rd.
Criteria 3: Water Resources
Does the property offer opportunities for protection of water resource values, including aquifer
recharge, water quality enhancement, protection of wetland dependent species habitat, and
flood control? YES
Statement for Satisfaction of Criteria 3: The parcel is mapped as minimal aquifer recharge
capacity. Surface water is present throughout the property during the wet season, wetland
dependent vegetation and hydric soils exist on site, and the property provides foraging habitat
for wading birds.
Criteria 4: Biological and Ecological Value
Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? YES
11.B.d
Packet Pg. 119 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
11
Statement for Satisfaction of Criteria 4: This parcel enhances connectivity with adjacent
Conservation Collier Preserve and Rookery Bay National Estuarine Research Reserve. Existing
plant communities indicate utilization by imperiled bird species. Florida panther telemetry
location data indicates utilization of habitat within 1000ft of the parcel boundary.
Criteria 5: Enhancement of Current Conservation Lands
Does the property enhance and/or protect the environmental value of current conservation lands
through function as a buffer, ecological link or habitat corridor? YES
Is this property within the boundary of another agency’s acquisition project? YES - Rookery Bay
NERR may be interested in acquiring
Statement for Satisfaction of Criteria 5: The parcel provides connectivity with Conservation
Collier Shell Island Preserve and the Rookery Bay National Estuarine Research Reserve across
Collier Blvd. to the west.
11.B.d
Packet Pg. 120 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
12
3.Initial Screening Criteria
3.1 Ecological Values
3.1.1 Vegetative Communities
The parcel contains pine flatwoods, mangrove swamp, wetland forested mixed, freshwater marsh,
hydric pine flatwoods, and mixed wetland hardwoods. The pine flatwoods contain Florida slash pine
(Pinus elliottii), melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), live oak
(Quercus virginiana), and Australian pine (Casuarina sp.) in the canopy with cabbage palm (Sabal
palmetto), myrsine (Myrsine cubana), coinvine (Dalbergia ecastaphyllum), saw palmetto (Serenoa
repens), Florida slash pine, cocoplum (Chrysobalanus icaco) and swamp fern (Telmatoblechnum
serrulatum) in the midstory and groundcover.
The mangrove swamp contains buttonwood (Conocarpus erectus), red mangrove (Rhizophora mangle),
white mangrove (Laguncularia racemosa), melaleuca, and Australian pine in the canopy with Brazilian
pepper (Schinus terebinthifolia), coinvine, and submerged aquatic vegetation in the midstory and
groundcover.
The wetland forested mixed contains laurel oak (Quercus laurifolia), live oak, cabbage palm in the
canopy with coinvine, cocoplum, swamp fern, and saw grass (Cladium jamaicense) in the midstory and
groundcover.
The freshwater marsh contains melaleuca and red mangrove in the canopy with wax myrtle (Morella
cerifera), buttonwood, spikerush (Eleocharis sp.), sawgrass, arrowhead (Sagittaria lancifolia), and
maidencane (Panicum hemitomon) in the midstory and groundcover.
The hydric pine flatwoods contain Florida slash pine, cabbage palm, and melaleuca in the canopy with
wax myrtle, myrsine, cabbage palm, saw palmetto, swamp fern, and saw grass in the midstory and
groundcover.
Finally, the mixed wetland hardwoods contain Brazilian pepper and melaleuca in the canopy with coin
vine, wax myrtle, buttonwood, saw grass and spike rush in the midstory and groundcover.
Exotic plant density is approximately 25% – primarily melaleuca, Brazilian pepper, and earleaf acacia
with some Australian pine, Peruvian primrose (Ludwigia peruviana), and java plum (Syzygium cumini)
present.
Table 4. Listed plant species observed
Common Name Scientific Name State Status Federal Status
Giant air plant Tillandsia utriculata SE
Reflexed wild-pine, Northern needleleaf Tillandsia balbisiana ST
Stiff-leaved wild-pine, Cardinal airplant Tillandsia fasciculata SE
11.B.d
Packet Pg. 121 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
13
Figure 4 - CLIP4 Priority Natural Communities
11.B.d
Packet Pg. 122 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
14
Figure 5 - Florida Cooperative Land Cover Classification System
11.B.d
Packet Pg. 123 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
15
Figure 6 – Freshwater marsh
Figure 7 –Mangroves and freshwater marsh with pine flatwoods in background
11.B.d
Packet Pg. 124 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
16
3.1.2 Wildlife Communities
No wildlife was observed within the parcels; however, listed wading birds are known to forage in this
area, and an American alligator (Alligator mississippiensis) trail was observed on site. Florida panther
(Puma concolor coryi) and Florida black bear (Ursus americanus floridanus) telemetry points exist
within adjacent parcels. This parcel is also within the USFWS Species Consultation Area for the
federally endangered Florida bonneted bat (Eumops floridanus).
Figure 8 – American alligator trail
11.B.d
Packet Pg. 125 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
17
Figure 9 - Wildlife Spatial Data (i.e., telemetry, roosts, etc)
11.B.d
Packet Pg. 126 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
18
Figure 10 - CLIP4 Potential Habitat Richness
11.B.d
Packet Pg. 127 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
19
3.1.3 Water Resources
While the parcel is mapped as minimal aquifer recharge capacity, it contains wetland vegetation
communities, surface water is present throughout the property during the wet season, wetland
dependent vegetation exists on site, it provides foraging habitat for wading birds, and it provides
protection from storm surge. The parcel is also designated as an Outstanding Florida Water Body within
the Rookery Bay NERR designation boundary.
Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990). Estero and
Peckish, frequently flooded soils are found on the Dredge Management parcel. These nearly level and
very poorly drained soils are found in flooded tidal marshes. Under natural conditions, the water table
fluctuates with tidal action and seasonal rainfall. It is at or near the surface for long periods. These soils
are frequently flooded.
11.B.d
Packet Pg. 128 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
20
Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones
11.B.d
Packet Pg. 129 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
21
Figure 12 - Collier County Soil Survey
11.B.d
Packet Pg. 130 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
22
Figure 13 LIDAR Elevation Map
11.B.d
Packet Pg. 131 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
23
3.1.4 Ecosystem Connectivity
The parcels expand the McIlvane Marsh Preserve which provides a continuous connection between
Rookery Bay National Estuarine Research Reserve (NERR), The Ten Thousand Islands National Wildlife
Refuge, Collier Seminole State Park, and Picayune Strand State Forest.
Figure 14 - Conservation Lands
11.B.d
Packet Pg. 132 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
24
3.2 Human Values
3.2.1 Recreation
Narrow wildlife trails currently exist on the parcel for wet walkers to follow that provide sweeping
views of the landscape. This preserve could provide a unique seasonal wet-walk hike experience to
visitors by trimming a narrow, marked visitor path in the vegetation in the dry season and providing
some deeper water crossings for connectivity. This parcel is similar in sweeping views and plant
community makeup to the existing Shell Island Preserve and has the potential for improved
accessibility opportunities given the location off Port Au Prince Rd.
3.2.2 Accessibility
A seasonally flooded walking trail could be installed on this parcel, with parking available along Port Au
Prince Rd.
3.2.3 Aesthetic/Cultural Enhancement
The parcels are visible from both Collier Blvd. and Port Au Prince Rd. Additionally, the marsh provides
scenic vistas for visitors.
11.B.d
Packet Pg. 133 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
25
3.3 Restoration and Management
3.3.1 Vegetation Management
3.3.1.1 Invasive Vegetation
Invasive vegetation is primarily found along property boundary adjacent to roadside swales, old growth
melaleuca is present on the site in areas impacted by the filling of a historic canal through the center of
the property. Melaleuca impacts ~15% of the property, however native ground cover such as sawgrass
is present beneath the canopy indicating that the site could be effectively restored through an initial
exotics treatment where old growth trees are dropped and treated, and any new growth is managed
through regular maintenance sweeps. This restoration technique has been utilized at Conservation
Collier Preserves such as McIlvane Marsh and Shell Island Preserve and has proven effective at creating
dramatic improvement to a site’s exotic load as well as aesthetics. Brazilian pepper and ear leaf acacia
are present along the property boundary intermixed within the mangrove/buttonwood habitat as well
as the higher elevation pine flatwoods along the raised berm. Invasive exotic plant coverage observed
during the site visit indicated that the bulk of removal to achieve site restoration could be
accomplished through an initial exotics removal treatment with annual to bi-annual maintenance
treatments occurring at a reduced cost. The exotics removal needed to restore this site can be
accomplished utilizing ground crews and treat in place techniques, similar to what is utilized to
maintain the Conservation Collier Shell Island Preserve.
3.3.1.2 Prescribed Fire
This parcel contains some fire dependent communities, but prescribed fire would be unlikely due to its
location adjacent to Collier Blvd. and Port au Prince Mobile Homes.
3.3.2 Remediation and Site Security
While not apparent during the site visit, research into historic aerials of the site show this parcel has
been targeted by off-road vehicles and incurred significant damage to the native vegetation in the
past. This photo from 2009 shows the historic access and ORV damage to the parcel during the dry
season.
11.B.d
Packet Pg. 134 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
26
Figure 15 - Historic ATV impact from 2010 Aerial
It appears the main access point is the backyard of a residence on Salinas Drive along the eastern
boundary of the property. Security could be enhanced, and illegal off-road vehicle traffic reduced or
eliminated by installing a barrier or fence along the eastern boundary of the preserve preventing
unwanted access via Salinas Drive.
3.3.3 Assistance
Assistance from other agencies or organizations is not anticipated.
3.4 Vulnerability
3.4.1 Zoning and Land Use
This parcel is zoned RSF-3, which allows for 3 residential single-family units per acre. Its Future Land
Use designation is Urban Coastal Fringe Subdistrict.
11.B.d
Packet Pg. 135 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
27
Figure 16 – Zoning
11.B.d
Packet Pg. 136 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
28
Figure 17 – Future Land Use
11.B.d
Packet Pg. 137 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
29
3.4.2 Development Plans
The parcel is not currently planned for development.
4. Acquisition Considerations
No additional acquisition considerations were noted during the review and site visit for this parcel.
5. Management Needs and Costs
Table 5 - Estimated Costs of Site Remediation, Improvements, and Management
Management
Element
Initial
Cost
Annual
Recurring Cost Comments
Invasive
Vegetation
Removal
$16,900 $5,000 18.73 ac @$900 per acre. Increased price due to initial
melaleuca treatment. Maintenance treatment @$275 per acre
6. Potential for Matching Funds
The primary partnering agencies for conservation acquisitions, and those identified in the ordinance are
the Florida Communities Trust (FCT) and The Florida Forever Program. The following highlights potential
for partnering funds, as communicated by agency staff.
Florida Communities Trust - Parks and Open Space Florida Forever grant program: The FCT
Parks and Open Space Florida Forever grant program provides grant funds to local governments and
nonprofit organizations to acquire conservation lands, urban open spaces, parks and greenways.
Application for this program is typically made for pre-acquired sites up to two years from the time of
acquisition. The Parks and Open Space Florida Forever grant program assists the Department of
Environmental Protection in helping communities meet the challenges of growth, supporting viable
community development and protecting natural resources and open space. The program receives 21
percent Florida Forever appropriation.
Florida Forever Program: Staff has been advised that the Florida Forever Program is concentrating
on funding parcels already included on its ranked priority list. This parcel is not inside a Florida Forever
priority project boundary. Additionally, the Conservation Collier Program has not been successful in
partnering with the Florida Forever Program due to conflicting acquisition policies and issues regarding
joint title between the programs.
Additional Funding Sources: There are no additional funding sources known at this time.
11.B.d
Packet Pg. 138 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
30
7. Secondary Criteria Scoring Forms
Property Name: Dredge Management
Target Protection Mailing Area: Urban / Shell Island Preserve
Folio(s): 00742040001
Secondary Criteria Scoring Possible
Points
Awarded
Points Percentage
1 - Ecological Value 160 92 58
2 - Human Value 80 30 38
3 - Restoration and Management 80 55 69
4 - Vulnerability 80 67 83
TOTAL SCORE 400 244 61
1 - ECOLOGICAL VALUES (40% of total) Possible
Points
Awarded
Points Comments
1.1 VEGETATIVE COMMUNITIES 200 130
1.1.1 - Priority natural communities (Select highest score)
a. Parcel contains CLIP4 Priority 1 communities (1130 - Rockland
Hammock, 1210 - Scrub, 1213 - Sand Pine Scrub, 1214 - Coastal Scrub,
1312 - Scrubby Flatwoods, 1610 - Beach Dune, 1620 - Coastal Berm,
1630 - Coastal Grasslands, 1640 - Coastal Strand, or 1650 - Maritime
Hammock)
100
b. Parcel contains CLIP4 Priority 2 communities (22211 - Hydric Pine
Flatwoods, 2221 - Wet Flatwoods, or 1311 - Mesic Flatwoods) 60
c. Parcel contains CLIP4 Priority 3 communities (5250 - Mangrove
Swamp, or 5240 - Salt Marsh) 50 50
d. Parcel contains CLIP4 Priority 4 communities (5250 - Mangrove
Swamp) 25
1.1.2 - Plant community diversity (Select the highest score)
a. Parcel has ≥ 3 CLC native plant communities (Florida Cooperative
Land Cover Classification System native plant communities) 20 20
b. Parcel has ≤ 2 CLC native plant communities 10
c. Parcel has 0 CLC native plant communities 0
1.1.3 - Listed plant species (excluding commercially exploited
species) (Select the highest score)
a. Parcel has ≥5 CLC listed plant species 30
b. Parcel has 3-4 CLC listed plant species 20 20
Tillandsia
fasciculata,
Tillandsia
utriculata,
Tillandsia
balbisiana
c. Parcel has ≤ 2 CLC listed plant species 10
d. Parcel has 0 CLC listed plant species 0
1.1.4 - Invasive Plant Infestation (Select highest score)
11.B.d
Packet Pg. 139 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
31
a. 0 - 10% infestation 50
b. 10 - 25% infestation 40 40
Melaleuca and
Brazilian
pepper
c. 25 - 50% infestation 30
d. 50 - 75% infestation 20
e. ≥75% infestation 10
1.2 - WILDLIFE COMMUNITIES 100 90
1.2.1 - Listed wildlife species (Select the highest score)
a. Listed wildlife species documented on the parcel 80 80
fresh
American
Alligator
FT/SA trails
observed on-
site
b. Listed wildlife species documented on adjacent property 60
c CLIP Potential Habitat Richness ≥5 species 40
d. No listed wildlife documented near parcel 0
1.2.2 - Significant wildlife habitat (Rookeries, roosts, denning sites,
nesting grounds, high population densities, etc) (Select highest
score)
a. Parcel protects significant wildlife habitat (Please describe) 20
b. Parcel enhances adjacent to significant wildlife habitat (Please
describe) 10 10
Adjacent to
Rookery Bay
across 951
c. Parcel does not enhance significant wildlife habitat 0
1.3 - WATER RESOURCES 100 60
1.3.1 - Aquifer recharge (Select the highest score)
a. Parcel is located within a wellfield protection zone or within a CLIP4
Aquifer Recharge Priority 1 area 40
b. Parcel is located within a CLIP4 Aquifer Recharge Priority 2 or 3
area 30
c. Parcel is located within a CLIP4 Aquifer Recharge Priority 4 or 5
area 20
d. Parcel is located within a CLIP4 Aquifer Recharge Priority 6 area 0 0
1.3.2 - Surface Water Protection (Select the highest score)
a. Parcel is contiguous with and provides buffering for an Outstanding
Florida Waterbody
30 30
Parcel is
within the
Rookery Bay
OFW
b. Parcel is contiguous with and provides buffering for a creek, river,
lake, canal or other surface water body 20
c. Parcel is contiguous with and provides buffering for an identified
flowway 15
d. Wetlands exist on site 10
11.B.d
Packet Pg. 140 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
32
e. Parcel does not provide opportunities for surface water quality
enhancement 0
1.3.3 - Floodplain Management (Select all that apply)
a. Parcel has depressional or slough soils 10 10
b. Parcel has known history of flooding and is likely to provide onsite
water attenuation 10 10
c. Parcel provides storm surge buffering 10 10
d. Parcel does not provide floodplain management benefits 0
1.4 - ECOSYSTEM CONNECTIVITY 200 65
1.4.1 - Acreage (Select Highest Score)
a. Parcel is ≥ 300 acres 150
b. Parcel is ≥ 100 acres 100
b. Parcel is ≥ 50 acres 75
c. Parcel is ≥ 25 acres 25
d. Parcel is ≥ 10 acres 15 15 18.73 ac.
e. Parcel is < 10 acres 0
1.4.2 - Connectivity (Select highest score)
a. Parcel is immediately contiguous with conservation lands 50 50 Shell Island
Preserve
b. Parcel is not immediately contiguous, but parcels between it and
nearby conservation lands are undeveloped 25
c. Parcel is isolated from conservation land 0
ECOLOGICAL VALUES TOTAL POINTS 600 345
ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible
Points*160) 160 92
2 - HUMAN VALUES (20%) Possible
Points
Awarded
Points Comments
2.1 - RECREATION 120 20
2.1.1 - Compatible recreation activities (Select all that apply)
a. Hunting 20
b. Fishing 20
c. Water-based recreation (paddling, swimming, etc) 20
d. Biking 20
e. Equestrian 20
f. Passive natural-resource based recreation (Hiking, photography,
wildlife watching, environmental education, etc) 20 20
g. Parcel is incompatible with nature-based recreation 0
2.2 - ACCESSIBILITY 120 70
2.2.1 - Seasonality (Select the highest score)
a. Parcel accessible for land-based recreation year round 20
11.B.d
Packet Pg. 141 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
33
b. Parcel accessible for land-based recreation seasonally 10 10
Standing
water during
wet season
c. Parcel is inaccessible for land-based recreation 0
2.2.2 - Vehicle access (Select the highest score)
a. Public access via paved road 50 50
b. Public access via unpaved road 30
c. Public access via private road 20
d. No public access 0
2.2.3 - Parking Availability (Select the highest score)
a. Minor improvements necessary to provide on-site parking 40
b. Major improvements necessary to provide on-site parking
(Requires site development plan) 25
b. Public parking available nearby or on adjacent preserve 20
c. Street parking available 10 10 Port-au-Prince
Rd.
d. No public parking available 0
2.2.4 - Pedestrian access (Select the highest score)
a. Parcel is easily accessible to pedestrians (within walking distance of
housing development) 10
b. Parcel is not easily accessible to pedestrians 0 0
2.3 - AESTHETICS/CULTURAL ENHANCEMENT 40 15
2.3.1 - Aesthetic/cultural value (Choose all that apply)
a. Mature/outstanding native vegetation 5
b. Scenic vistas 5 5
marsh
provides
scenic vista
c. Frontage enhances aesthetics of public thoroughfare 10 10
Collier Blvd
and Port-au-
Prince Rd.
d. Archaeological/historical structures present 15
e. Other (Please describe) 5
f. None 0
HUMAN VALUES TOTAL SCORE 280 105
HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible
Points*80) 80 30
3 - RESTORATION AND MANAGEMENT (20%) Possible
Points
Awarded
Points Comments
3.1 - VEGETATION MANAGEMENT 120 100
3.1.1 - Invasive plant management needs (Select the highest score)
11.B.d
Packet Pg. 142 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
34
a. Minimal invasive/nuisance plant management necessary to restore
and maintain native plant communities (<30%) 100 100
25% exotics
coverage -
Brazilian
pepper along
boundaries
and melaleuca
within old
canal berm
b. Moderate invasive/nuisance plant management necessary to
restore and maintain native plant communities (30-65%) 75
c. Major invasive/nuisance plant management necessary to restore
and maintain native plant communities (>65%) 50
d. Major invasive/nuisance plant management and replanting
necessary to restore and maintain native plant communities (>65%) 25
e. Restoration of native plant community not feasible 0
3.1.2 - Prescribed fire necessity and compatibility (Select the highest
score)
a. Parcel contains fire dependent plant communities and is
compatible with prescribed fire or parcel does not contain fire
dependent plant communities
20
b. Parcel contains fire dependent plant communities and is
incompatible with prescribed fire 0 0
Fire not
compatible
with adjacent
homes
3.2 - REMEDIATION AND SITE SECURITY 50 20
3.2.1 - Site remediation and human conflict potential (Dumping,
contamination, trespassing, vandalism, other) (Select the highest
score)
a. Minimal site remediation or human conflict issues predicted 50
b. Moderate site remediation or human conflict issues predicted
(Please describe) 20 20
ATV trespass -
entrance
appears to be
on east
boundary
c. Major site remediation or human conflict issues predicted (Please
describe) 5
d. Resolving site remediation or human conflict issues not feasible 0
3.3 - ASSISTANCE 5 0
3.4.1 - Management assistance by other entity
a. Management assistance by other entity likely 5
b. Management assistance by other entity unlikely 0 0
RESTORATION AND MANAGEMENT TOTAL SCORE 175 120
RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded
Points/Possible Points*80) 80 55
11.B.d
Packet Pg. 143 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
35
4 - VULNERABILITY (20%) Possible
Points
Awarded
Points Comments
4.1 - ZONING AND LAND USE 130 130
4.1.1 - Zoning and land use designation (Select the highest score)
a. Zoning allows for Single Family, Multifamily, industrial or
commercial 100 100 RSF-3 - 3
units per acre
b. Zoning allows for density of no greater than 1 unit per 5 acres 75
c. Zoning allows for agricultural use /density of no greater than 1 unit
per 40 acres 50
d. Zoning favors stewardship or conservation 0
4.1.2 - Future Land Use Type (Select the highest score)
a. Parcel designated Urban 30 30
Urban Coastal
Fringe
Subdistrict
b. Parcel designated Estates, Rural Fringe Receiving and Neutral,
Agriculture 25
c. Parcel designated Rural Fringe Sending, Rural Lands Stewardship
Area 5
d. Parcel is designated Conservation 0
4.2 - DEVELOPMENT PLANS 50 20
4.2.1 - Development plans (Select the highest score)
a. Parcel has been approved for development 20
b. SFWMD and/or USACOE permit has been applied for or SDP
application has been submitted 15
c. Parcel has no current development plans 0 0
4.2.2 - Site characteristics amenable to development (Select all that
apply)
a. Parcel is primarily upland 10
b. Parcel is along a major roadway 10 10
c. Parcel is >10 acres 5 5
d. Parcel is within 1 mile of a current or planned commercial or multi-
unit residential development 5 5
VULNERABILITY TOTAL SCORE 180 150
VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible
Points*80) 80 67
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Packet Pg. 144 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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8. Additional Site Photos
Tillandisa balbisiana Tillandisa balbisiana
Tillandsia urtriculata Melaleuca infestation
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Packet Pg. 145 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
37
Melaleuca infestation
Melaleuca infestation
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Packet Pg. 146 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
38
Melaleuca infestation
Melaleuca infestation
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Packet Pg. 147 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
39
Freshwater marsh
Mangrove swamp
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Packet Pg. 148 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
40
Mangrove swamp
Pine flatwoods
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Packet Pg. 149 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
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Mangrove swamp
Freshwater marsh
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Packet Pg. 150 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
42
Mosquitofish observed throughout the freshwater marsh
Powerlines exist along the northern boundary of the property
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Packet Pg. 151 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
43
Sweeping vista views of the marsh
Freshwater marsh
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Packet Pg. 152 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
44
Freshwater marsh with wildlife trail
View from Port Au Prince Rd
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Packet Pg. 153 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
45
Wetland vegetation throughout marsh
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Packet Pg. 154 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
46
APPENDIX 1 – Critical Lands and Water Identification Maps (CLIP) Definitions
This report makes use of data layers from the Florida Natural Areas Inventory and University of Florida
Critical Lands and Waters Identification Project (CLIP4). CLIP4 is a collection of spatial data that identify
statewide priorities for a broad range of natural resources in Florida. It was developed through a
collaborative effort between the Florida Areas Natural Inventory (FNAI), the University of Florida
GeoPlan Center and Center for Landscape Conservation Planning, and the Florida Fish and Wildlife
Conservation Commission (FWC). It is used in the Florida Forever Program to evaluate properties for
acquisition. CLIP4 is organized into a set of core natural resource data layers which are representative
of 5 resource categories: biodiversity, landscapes, surface water, groundwater and marine. The first 3
categories have also been combined into the Aggregated layer, which identifies 5 priority levels for
natural resource conservation.
Below is a description of each of the three CLIP4 data layers used in this report.
Figure 4 - CLIP4 Priority Natural Communities
Consists of 12 priority natural community types: upland glades, pine rocklands, seepage slopes, scrub,
sandhill, sandhill upland lakes, rockland hammock, coastal uplands, imperiled coastal lakes, dry prairie,
upland pine, pine flatwoods, upland hardwood forest, or coastal wetlands. These natural communities
are prioritized by a combination of their heritage global status rank (G-rank) and landscape context,
based on the Land Use Intensity Index (subset of CLIP Landscape Integrity Index) and FNAI Potential
Natural Areas. Priority 1 includes G1-G3 communities with Very High or High landscape context.
Priority 2 includes G1-G3 Medium and G4 Very High/High. Priority 3 includes G4 Medium and G5 Very
High/High. Priority 5 is G5 Medium.
This data layer was created by FNAI originally to inform the Florida Forever environmental land
acquisition program. The natural communities were mapped primarily based on the FNAI/FWC
Cooperative Land Cover (CLC) data layer, which is a compilation of best-available land cover data for
the entire state. The CLC is based on both remote-sensed (from aerial photography, primarily from
water management district FLUCCS data) and ground-truthed (from field surveys on many
conservation lands) data.
Figure 10. Potential Habitat Richness CLIP4 Map
This CLIP version 4.0 data layer is unchanged from CLIP v3.0. FWC Potential Habitat Richness. Because
SHCAs do not address species richness, FWC also developed the potential habitat richness layer to
identify areas of overlapping vertebrate species habitat. FWC created a statewide potential habitat
model for each species included in their analysis. In some cases, only a portion of the potential habitat
was ultimately designated as SHCA for each species. The Potential Habitat Richness layer includes the
entire potential habitat model for each species and provides a count of the number of species habitat
models occurring at each location. The highest number of focal species co-occurring at any location in
the model is 13.
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Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
47
Figure 11: CLIP4 Aquifer Recharge Priority and Wellfield Protection Zones
High priorities indicate high potential for recharge to an underlying aquifer system (typically the
Floridan aquifer but could be intermediate or surficial aquifers in some portions of the state). The
highest priorities indicate high potential for recharge to springs or public water supplies. This figure
also includes Wellfield Protection Zones. Collier County Wellfield Protection Zones are referenced in
the Land Development Code and updated in 2010 by Pollution Control and Prevention Department
Staff. The public water supply wellfields, identified in section 3.06.06 and permitted by the SFWMD for
potable water to withdraw a minimum of 100,000 average gallons per day (GPD), are identified as
protected wellfields, around which specific land use and activity (regulated development) shall be
regulated under this section.
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Packet Pg. 156 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
Initial Criteria Screening Report Folio Numbers: 00742040001
Owner Names: Dredge Management Associates, LLC Date: November 2, 2022
48
APPENDIX 2 – Magdalener Environmental Assessment
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Packet Pg. 157 Attachment: Dredge Management Environmental Summary & Report (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge
1
Conservation Collier Land Acquisition Program
Project Design Report
Dredge Management Property
Date: October 2023
Property Owner(s): Dredge Management Assoc LLC
Folio: 00742040001
Location: SE corner of intersection of Port Au Prince Rd. and Collier Blvd.
Size: 18.73 acres
Purchase Price: $1,512,875
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Dredge Management parcel is directly east of Conservation Collier’s Shell Island
Preserve, across Collier Blvd. The parcel is within the urban area identified within the
Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection
Area. The parcel contains primarily wetlands (mangrove swamp, wetland forested mixed,
freshwater marsh, hydric pine flatwoods, and mixed wetland hardwoods) with some areas
of pine flatwoods within the edges of an historic filled canal within the property. This
property could provide a unique seasonal wet-walk hike experience to visitors by trimming
a narrow, marked visitor path in the vegetation in the dry season and providing some deeper
water crossings for connectivity.
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. The property contains wetland vegetation communities, surface
water is present throughout the property during the wet season, wetland dependent
vegetation exists on site, it provides foraging habitat for wading birds, and it provides
protection from storm surge. Additionally, listed wading birds are known to forage in this
area, and an American alligator (Alligator mississippiensis) trail was observed on site.
Florida panther (Puma concolor coryi) and Florida black bear (Ursus americanus
floridanus) telemetry points exist within adjacent parcels. This parcel is also within the
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
Selected for the “A”
category, #1
priority, on AAL by
BCC
Purchase
Offer Made to
Owner
Offer
Accepted
12/07/2022 2/28/2023 7/5/23 9/6/23
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2
USFWS Species Consultation Area for the federally endangered Florida bonneted bat
(Eumops floridanus).
Zoning, Growth Management and Land Use Overlays: The zoning of the parcel is RSF-
3, which would allow 3 single-family dwelling units per acre.
Projected Management Activities:
Management will consist primarily of invasive, exotic plant removal and control. Signage
will also be placed to identify the property as a preserve.
Estimated Management Costs:
Management
Element 2024 2025 2026 2027
2028
Exotics $16,900 $8,500 $8,500 $8,500 $5,200
Signage $200
Total $17,100 $8,500 $8,500 $8,500 $5,200
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
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Packet Pg. 162 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 163 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 164 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 165 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 166 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 167 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 168 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 169 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 170 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 171 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 172 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 173 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 174 Attachment: Williams Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
1
Conservation Collier Land Acquisition Program
Project Design Report
Williams Property
Date: October 2023
Property Owner(s): Clair Williams
Folio: 61731571009
Location: off Blue Sage Dr. north of Brantley Blvd.
Size: 0.50 acres
Purchase Price: $60,000
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Williams parcel is directly west of Conservation Collier’s Nancy Payton Preserve.
Program criteria satisfied by this acquisition include protection of native habitat, human
social values, biological and ecological values, and enhancement of current conservation
lands. The parcel consists of pine flatwoods and contains several gopher tortoise (Gopherus
polyphemus) burrows. This property would expand the Nancy Payton Preserve, and
adjacent preserve trails could be expanded to include this parcel.
Florida panthers (Puma concolor coryi) utilize the adjacent properties, and the area is a
known, successful denning site. The taller palmettos within the parcel provide potential
panther denning habitat. Additionally, Florida black bear (Ursus americanus floridanus)
telemetry points and red cockaded woodpecker (Picoides borealis) observations have been
documented within surrounding parcels.
Zoning, Growth Management and Land Use Overlays: The zoning of the parcel is
Agricultural - Rural Fringe Mixed Use District – North Belle Meade Overlay – Neutral
Lands. Baseline zoning allows 1 unit per 40 acres or 1 unit per lot or parcel of less than 40
acres with 90% preservation of slash pine trees.
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
Selected for the “A”
category, #1
priority, on AAL by
BCC
Purchase
Offer Made to
Owner
Offer
Accepted
12/07/2022 2/28/2023 6/14/23 7/18/23
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2
Projected Management Activities:
Management will consist primarily of invasive, exotic plant removal and control.
Estimated Management Costs:
Management
Element 2024 2025 2026 2027
2028
Exotics $350 $200 $200 $100 $100
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
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Packet Pg. 178 Attachment: Williams-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX tO NUMBER 39950440001
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between SCOTT KENT BAILEY,
Married whose post office address is 371 Crossroads Church Rd.. Rockmart. GA
30153 and CHRISTOPHER ROGER BAILEY, Married, as tenants in common whose
post office address is 345 Brinkley Rd, Powder Springs, GA 30127, (hereinafter referred
to as "Selle/'), 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 hereinafier set forth and the sum of Ten Dollars (910.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 ln 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 PURCHAS E PRICE
2.01 The purchase price (the "Purchase Price") for the property shall be Thirty-
eight thousand five hundred Dollars and 00/i00 dollars ($38,SO0.OO), (U.S.
Currency) payable at time of closing.
il. cLostNG
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOS|NG". OR',CLOS|NG,,) of
the transaction shall be held on or before one hundred and eighty (180) days
following execution of this Agreement by the Purchaser, or within thirty (30) days of
Purchaser's receipt of all closing documents, whichever is later. The Closing shall
1
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Packet Pg. 179 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX lO NUMBER 39960/140001
3.0'l 1 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
3.01 12 Combined Purchaser-Seller closing statement
3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as
required by Section 1445 of the lnternal Revenue Code and as required
by the title insurance underuvriter to insure the "gap" and issue the policy
contemplated by the title insurance commitment.
3.0114 A W-9 Form. "Request for Taxpayer ldentification and
Certification" as required by the lnternal 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 tifle to the property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.01 1 thereto, and the Tiile 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 dueat Closing in accordance with Article lll hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
2
cAo
be held at the Collier County Attomey'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:
11.B.j
Packet Pg. 180 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 3996&140001
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.
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. lf 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. REQUIR EMEN TS 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 Owne/s Title lnsurance policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receapt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetiary obligations, if any,
which obligations shall be paid at closing. lf the tiile commitment contains
exceplions 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 lt 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 to convey good
and marketable title at Seller's expense, 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. ln the event Selleris 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
11.B.j
Packet Pg. 181 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 39960440001
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 ten (10) 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. lf 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 suchobjections. 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 wiihin 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.
INSPECTION PERIOD
5.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("lnspection 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 environ-
mental 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.
cAO
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Packet Pg. 182 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx ro NUMBER 399604,60001
5.02 lf 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
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the lnspection 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. ln
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.
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, INSPE CTION
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 nerl due and payable, after closing on the property, shall
be prorated at closing based upon the gross amount of current year taxes, and
shall be paid by Seller.
IX. TERMI TION AND RE MEDIES
9.01 lf 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 toa contract vendee, including the right to seek specific performance of this
Agreement.
@
11.B.j
Packet Pg. 183 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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'SANDPURCHASER'SR EPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following
10.01 1 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
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 performancr 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 thePropefi or any rights therein, nor enter into any agreements granting any
@
CONSERVATION COLLIER
TAX tO NUMBER 39960440001
11.B.j
Packet Pg. 184 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX tO NUMSER 39960440001
person or entity any rights wilh 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 they have (it has) no knowledge that there is or
ever has been any 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 a body of water.
Seller represents that to their knowledge that 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 proceedings 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 that they have (it has) no knowledge that there is or ever has been
any storage tanks for gasoline, or any other substances are or were located on
the Property at any time during or prior to Selle/s ownership thereof. Seller
represents that they have (it has) no knowledge that any part of the Property
has ever 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 Seller has no knowledge of 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
@
1
11.B.j
Packet Pg. 185 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX rO NUMBER 39960440001
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 efiective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Selle/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 Al 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, direcfly 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 g601,
et seq , ("CERCLA" or "Superfund"), which was amended and upgraded by thesuperfund Amendment and Reauthorization Act of 19g6 ("SARA"), inctuding
any amendments or successor in function to these acts. This provision anithe rights of Purchaser, hereunder, shall survive closing and are not deemed
satisfied by conveyance of tifle.
10.024 Any loss and/or damage to the property between the date of thisAgreement and the date of crosing shail be seiler'i sore risk and expense.
6
11.B.j
Packet Pg. 186 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 39960440001
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:
lf 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
\Mth a copy to:Attn: Vera lvanova, Property Acquisition Specialist I
Collier County Real Property Management
3335 Tamiami Trail East. Suite 102
Naples. Florida 341 12
Telephone number: 239 -252-7 609
Fax number: 239-252-887 6
lf to Seller:SCOTT KENT BAILEY
371 Crossroads Church Rd
Rockmart, GA 30153
Telephone number: (678) 409-3272
Fax number: N/A
lf to Seller CHRISTOPHER ROGER BAILEY
345 Brinkley Rd.,
Powder Springs, GA 30127
Telephone number: (770) 337-9658
Fax number: N/A
Vvith a copy to \Mlliam Modes
6849 lL Regalo Circte,
Naples, FL 34109
Telephone number: (239) 860-8440
Fax number: N/A
cAo
XI. NOTICES
11.B.j
Packet Pg. 187 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX lD NUMBER 39960it40001
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hoh 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- MISCELLANE OUS
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
limil 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 andgender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may reguire
13.06 No waiver of any provision of this Agreement shall be efiective unless it is inwriting signed by the party against whom it is asserted, and any waiver of anyprovision of this Agreement shall be applicable only to the speiific instance to
0
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 writlen notice is received, the last
addressee and respeclive address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
11.B.j
Packet Pg. 188 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 39960440001
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 lf 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.
13.09 lf 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. (lf 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.
'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.
lN WITNESS WHEREOF, the parties hereto have signed below
@
SIGNATURE PAGES TO FOLLOW
XIV. ENTIRE AGREEMENT
11.B.j
Packet Pg. 189 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 39960440001
Dated ProjecUAcquisition Approved by BCC:
AS TO PURCHASER
ATTEST
CRYSTAL K KINZEL. Clerk of the
Circuit Court and Comptroller
. Deputy Clerk
AS TO SELLER
DATED.z9 LJ
WITNESSES
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
RICK LOCASTRO, Chairman
By:.Jl
lail
k"r{'[3^,
Print Name: SCOTT KENT BAILEy
D at,y"n* "1/1AcF e,,.^,
Rvlna Mc(trrtn
qlLslL?
i;:sil'T.:it!z
:icsonctrii
=-- '. t).! (rl.:ol5 ,j -':
?:,j ::i'(Pnnt W,lness
72
11.B.j
Packet Pg. 190 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
I]ONSERVATION COLLIER-AX rO NUMBER 3996044000r
AS TO SELLER
DATED LT
WITNESSES
re)
rPnnt vvilness Name)
lPnnl
D ar"-rrr-r-VV)cFur^
Nvroa MV<-yr tn
4 | ztl z.e
L3
,,/L
By
Print Name. CH STOPHER GER BAILEY
-o.
@
Approved
\xf
N i\,4
'_(r I \k i'
l:IPIRLS
: CEORGIA i
', t)dc 01. :oli i
11.B.j
Packet Pg. 191 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
.:ONSEFIVATION COLLIER
:AX lD NUMBER: 3996940001
EXHIBIT ..A"
PROPERry IDENTIFICATION NUMBER: 39960440001
LEGAL DESCRIPTION:
1 .59 acres
TRACT 84 UNIT 65 GOLDEN GATE ESTATES ACCORDING TO PLA-|
THEREOF RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
t4
11.B.j
Packet Pg. 192 Attachment: Bailey Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
BCC Conservation Collier Property Summary Cycle 12A
Winchester Head Preserve Multi-Parcel Project
Currently on Board Approved A-list; CCLACC Recommendation: Remain on A-list
Property Name: Winchester Head Preserve Owner(s): 39 parcels - See Map
Target Protection Area: North Golden Gate Estates Acreage: 52.4 acres remaining to be acquired
Total Estimated Market Value: $1,441,000
Staff estimates that 4 parcels (10 acres) within the Winchester Head Preserve Multi-Parcel Project Area will be acquired during Cycle 12A. For
budgeting purposes the estimated cost of 4 parcels has been allocated to the Active Acquisition List A-List Total - Cycle 12A, while the estimated
cost of the remaining 35 project parcels (42.4 acres) is provided within the Active Acquisition List Multi-Parcel Projects total.
Highlights:
•Location: Between 35th Ave. NE and 41st Ave. NE, east of Everglades Blvd. N.
•Habitat: Primarily freshwater marsh and cypress
•Listed Plants: Common wild pine (Tillandsia fasciulata) fern (Osmunda regalis)
•Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras
on existing preserve. Habitat for wood stork.
•Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland
dependent plants species noted; very minimal mapped aquifer recharge.
•Connectivity: The parcels are immediately contiguous to Winchester Head Preserve and
serve as an important water storage area for this part of NGGE
•Access: 37th Ave. NE, 39th Ave. NE, and 41st Ave. NE are accessible via Everglades Blvd.
•Management Issues / Estimated Costs: Initial Exotic Removal estimated at $300/acre and
ongoing annual estimated at $150/acre. These parcels would be managed along with the
existing preserve parcels
•Partnership Opportunities: None
•Zoning/Overlays: Single-family Estates zoning. No Overlays
•Surrounding land uses: Undeveloped and developed Estates residential on all
sides
•Other Division Interest: Stormwater Management may be interested in
partnering on flood management projects within Winchester Head to relieve
flooding in surrounding areas.
History: Parcels within the Winchester Head Preserve boundary totaling 158.67 acres have been targeted and pursued by Conservation Collier
since the target area was approved for the A-list by the Board of County Commissioners on January 25, 2005. Since then, the Program has
acquired 60% of the project area or 69 parcels for a total of 95.8 acres.
89
30
64 58
160
80 80 80
0
50
100
150
200
1 - Ecological
Value
2 - Human
Value
3 -
Restoration
and
Management
4 -
Vulnerability
Total Score: 241/400
Awarded Points Possible Points
18
11.B.l
Packet Pg. 193 Attachment: Bailey Environmental Summary - Winchester Head (26879 : Conservation Collier - Cycle 11B
CCLAAC Conservation Collier Property Summary Cycle 12A
Winchester Head Preserve Multi-Parcel Project – Currently on Board Approved A-list
19
11.B.l
Packet Pg. 194 Attachment: Bailey Environmental Summary - Winchester Head (26879 : Conservation Collier - Cycle 11B
1
Conservation Collier Land Acquisition Program
Project Design Report
Bailey Property
Date: October 2023
Property Owner(s): Scott and Christopher Bailey
Folio: 39960440001
Location: GOLDEN GATE EST UNIT 65 W 105FT OF TR 84
Size: 1.59 acres
Purchase Price: $38,500
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Bailey parcel is within Winchester Head and directly adjacent to Winchester Head
Preserve on its western boundary. 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. Although the Bailey parcel
is not within the original boundary of the Winchester Head project area, it is 100% wetlands
and consistent with the ecological characteristics of all other project area Winchester Head
parcels.
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
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
AAL most
recently
approved by
BCC
Date of
Offer
Date Offer
Accepted
12/15/2004 2/28/2023 8/31/2023 9/1/2023
11.B.m
Packet Pg. 195 Attachment: Bailey-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
2
Management Plan. At this time, Conservation Collier owns 102.43 acres out of a total of
158.67 acres, or 65% 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, 39th, 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 2024 2025 2026 2027
2028
Exotics $477 $318 $318 $318 $239
Signage $200
Total $677 $318 $318 $318 $239
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
11.B.m
Packet Pg. 196 Attachment: Bailey-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
3
11.B.m
Packet Pg. 197 Attachment: Bailey-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
4
11.B.m
Packet Pg. 198 Attachment: Bailey-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBER: 39953720000
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between THOMAS MOONEY,
(Share 8.3325%) whose address is 308 \Mllrich Circle Unit E, Forest Hill, MD 21050;
WILLIAM L. MOONEY, (Share 8.3325o/o) whose address is 308 Willrich Circle Unit E,
Forest Hill, MD 21050; JORJA V. THOMAS-MURCIA, (Share 41.67250/o) whose
address is '108 South Kelly Ave, Bel Air, MD 21014; MARIE MCDAVID, (Share
8.3325%) whose address is 9833 Foxhill Road, Perry Hill, MD 21128; CARMEN M.
HANKINS-COLON, (Share 33.33%) whose address is 303 Brittany Drive, Joppa, MD21085; (hereinafter referred to as "Seller"), and GOLLIER 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:
AG REEMENT
1.01 ln 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 Propefi, 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 eight hundred and 00/100 dollars ($39,800.00), (U.S. Currency)
payable at time of closing.
1
11.B.n
Packet Pg. 199 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBEn: 39953720000
III. CLOSlNG
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOS|NG", OR "CLOSING") of
the transaction shall be held on or before one hundred and eighty (180) days
following execution of this Agreement by the Purchaser, or within thirty (30) days of
Purchaser's receipt of all closing documents, whichever is later. The Closing shall
be held at the Collier County Aftorney'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:
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
3.01 12 Combined Purchaser-Seller closing statement.
3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as
required by section 1445 of the lnternal Revenue Code and as required
by the title insurance underwriter to insure the "gap" and issue the policy
contemplated by the title insurance commitment.
3.0114 A w-9 Form, "Request for Taxpayer ldentification and
Certification" as required by the lnternal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121A negotiable instrument (county warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Tifle
company verifies that the state of the tifle to the property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in section 4.011thereto, and the Title company
is irrevocably committed to pay the purchase price to seller and to issue
2 e
11.B.n
Packet Pg. 200 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx tD NUMBEn 39953720000
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 lll 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.
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. lf 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 lnsurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of ail
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. lf 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 lf 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 Puichaserb objection to
title, seller shall have thirty (30) days to remedy any defects to convey good
3
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Packet Pg. 201 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBER: 39953720000
and marketable title at Seller's expense, 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. ln 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 ten (10) 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 5o/o of the overall acreage. lf 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 suchobjections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the propefi 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 legar access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("lnspection Period"), to determine through appropriate investigation
that:
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Packet Pg. 202 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAX lD NUMBEn: 39953720000
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 environ-
mental 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 prog ram.
5.O2 lf 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
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the lnspection 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. ln
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.
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.
VlI. 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 iurrent year taxes, and
shall be paid by Seller.
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Packet Pg. 203 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBER: 39953720000
IX TERMINAT]ON AND REMEDIES
9"01 lf 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 toa 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 REPRESE ONS AND WA ES
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
Purchaser to execute and consummate the transaction contempiated 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 beperformed 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, atlaw, equity or in arbitration before or by any federal, state, municipal or othergovernmental instrumentality that relate to this agreement or any other
6
11.B.n
Packet Pg. 204 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBER: 39953720000
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 Propefl; 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 indirecfly
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
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
grder to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 Seller has no knowledge of unrecorded restrictions, easements, orrights of way (other than existing zoning regulations) that restrict or affect theuse of the Property, and there are no maintenance, construction, advertising,
1
11.B.n
Packet Pg. 205 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBER: 39953720000
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
Proper$ and not to do any act or omit to perform any act which would changethe 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 indirecly,
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 shallbe in accordance with, but not limited to, the Comprehensive Environmental
Response, compensation, and Liabirity Act of 1gg0, 42 u.s.c. section 9601,
et seq., ("CERCLA" or "superfund"), which was amended and upgraded by the
superfund Amendment and Reauthorization Act of 1gg6 (,,sAh[,,;, inctuoing
any amendments or successor in function to these acts. This provision and
B
(e
11.B.n
Packet Pg. 206 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 39953720000
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
14.424 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:
lf 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 Attn: Vera lvanova
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone n umber: 239-252-7 609
Fax number: 239-252-8876
lf to Seller:THOMAS MOONEY
308 Willrich Circle Unit E
Forest Hill, MD 21050
Telephone number: 443-7 87 -67 57
lf to Seller:WILLIAM L. MOONEY
308 Willrich Circle Unit E
Forest l-lill, MD 21050
lf to Seller:JORJA V. THOMAS-MURCIA
108 South Kelly Ave
BelAir, MD 21014
MARIE MCDAVID
9833 Foxhill Road
Perry Hill, MD 21128
9
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lf to Seller
11.B.n
Packet Pg. 207 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBER: 39953720000
lf to Seller:CARMEN M. HANKINS-COLON
303 Brittany Drive
Joppa, MD 21085
With a copy to:Attn. Kyle J.Jesse
Law Office of Douglas L. Rankin
2335 Tamiami Trail North #308
Naples, FL. 34103
Te le p ho ne'. 239 -262-0A6 1
Fax.239-262-2092
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.
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 andSeller. Any amendment to this Agreement shall be binding upon purchaser and
Seller as soon as it has been executed by both parties.
10
Ga
11.B.n
Packet Pg. 208 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX lD NUMBER: 39953720000
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.
13.47 lf 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.
13.09 lf 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. (lf 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 thisAgreement shall be of any force or effect unless made in writing and executed anddated by both Purchaser and Seller. Time is of the essence ofinis Agreement.
1i
11.B.n
Packet Pg. 209 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAx lD NUMBER: 39953720000
lN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by BCC:_
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
RICK LOCASTRO, Chairman
Page intentional left blank
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Packet Pg. 210 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMaER 39953720000
AS TO SELLER:
DATED:9,/2, TozZ
WITNESSES
fur*to, !o-*.*- -iSignature)
By
THOMAS MOONEY, SELLER0rorttr.d lnooon
(Pflnt Witness Name).i
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li
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/ /.}-r,^ 1.L.,n" ('hnr,1
(PrinI Wtness:Naltne)
11.B.n
Packet Pg. 211 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 39953720000
AS TO SELLER:
DATED qltblLb
WITNESSES
WILLIAM L. MOONEY, SELLER
(\ ,r.'r,rr,^ Sr-01e">
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lgffnature)
o A*sslc a De \losD
(Print Wtness Name)
11.B.n
Packet Pg. 212 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
TAX ID NUMBER 39953720000
AS TO SELLER:
WITNESSES:
DArED: qll2-'') 2\
I rufleBy
(Signalure)
L-rr-r>+ N.'e,UL
V, THOMAS.MURCIA, SELLER
(Print W(ness Name)
(Print W(ness Name)
€.
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11.B.n
Packet Pg. 213 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx tD NUMaER 19953720000
AS TO SELLER:
DATED:
WITNESSES:
{Signature
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11.B.n
Packet Pg. 214 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
t
AB TO SELIER:
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r^/ I)N,r,irr r, 19951720000
WITNESSES
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OARMEN M HANKINS.COION, SEttER
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11.B.n
Packet Pg. 215 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
CONSERVATION COLLIER
rAx lD NUMBER: 39953720000
EXHIBIT -A"
GOLDEN GATE EST UNIT 65 W 1O5FT OF TR 33, OR 296 PG 301, PUBLIC
RECORDS OF COLLIER COUNry, FLORIDA
11.B.n
Packet Pg. 216 Attachment: Mooney Purchase Agreement (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
BCC Conservation Collier Property Summary Cycle 12A
Winchester Head Preserve Multi-Parcel Project
Currently on Board Approved A-list; CCLACC Recommendation: Remain on A-list
Property Name: Winchester Head Preserve Owner(s): 39 parcels - See Map
Target Protection Area: North Golden Gate Estates Acreage: 52.4 acres remaining to be acquired
Total Estimated Market Value: $1,441,000
Staff estimates that 4 parcels (10 acres) within the Winchester Head Preserve Multi-Parcel Project Area will be acquired during Cycle 12A. For
budgeting purposes the estimated cost of 4 parcels has been allocated to the Active Acquisition List A-List Total - Cycle 12A, while the estimated
cost of the remaining 35 project parcels (42.4 acres) is provided within the Active Acquisition List Multi-Parcel Projects total.
Highlights:
•Location: Between 35th Ave. NE and 41st Ave. NE, east of Everglades Blvd. N.
•Habitat: Primarily freshwater marsh and cypress
•Listed Plants: Common wild pine (Tillandsia fasciulata) fern (Osmunda regalis)
•Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras
on existing preserve. Habitat for wood stork.
•Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland
dependent plants species noted; very minimal mapped aquifer recharge.
•Connectivity: The parcels are immediately contiguous to Winchester Head Preserve and
serve as an important water storage area for this part of NGGE
•Access: 37th Ave. NE, 39th Ave. NE, and 41st Ave. NE are accessible via Everglades Blvd.
•Management Issues / Estimated Costs: Initial Exotic Removal estimated at $300/acre and
ongoing annual estimated at $150/acre. These parcels would be managed along with the
existing preserve parcels
•Partnership Opportunities: None
•Zoning/Overlays: Single-family Estates zoning. No Overlays
•Surrounding land uses: Undeveloped and developed Estates residential on all
sides
•Other Division Interest: Stormwater Management may be interested in
partnering on flood management projects within Winchester Head to relieve
flooding in surrounding areas.
History: Parcels within the Winchester Head Preserve boundary totaling 158.67 acres have been targeted and pursued by Conservation Collier
since the target area was approved for the A-list by the Board of County Commissioners on January 25, 2005. Since then, the Program has
acquired 60% of the project area or 69 parcels for a total of 95.8 acres.
89
30
64 58
160
80 80 80
0
50
100
150
200
1 - Ecological
Value
2 - Human
Value
3 -
Restoration
and
Management
4 -
Vulnerability
Total Score: 241/400
Awarded Points Possible Points
18
11.B.p
Packet Pg. 217 Attachment: Mooney Environmental Summary - Winchester Head (26879 : Conservation Collier - Cycle
CCLAAC Conservation Collier Property Summary Cycle 12A
Winchester Head Preserve Multi-Parcel Project – Currently on Board Approved A-list
19
11.B.p
Packet Pg. 218 Attachment: Mooney Environmental Summary - Winchester Head (26879 : Conservation Collier - Cycle
1
Conservation Collier Land Acquisition Program
Project Design Report
Mooney Property
Date: October 2023
Property Owner(s): Thomas & William Mooney, Jorja Thomas-Murcia, Marie
McDavid, and Carmen Hankins-Colon
Folio: 39953720000
Location: GOLDEN GATE EST UNIT 65 W 105FT OF TR 33
Size: 1.59 acres
Purchase Price: $39,800
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Mooney parcel is within the Winchester Head multi-parcel project area. 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 102.43 acres out of a total of
158.67 acres, or 65% of the project area.
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
AAL most
recently
approved by
BCC
Date of
Offer
Date Offer
Accepted
12/15/2004 2/28/2023 5/15/2023 5/15/2023
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Packet Pg. 219 Attachment: Mooney-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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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 (39th 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, 39th, 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 2024 2025 2026 2027
2028
Exotics $477 $318 $318 $318 $239
Signage $200
Total $677 $318 $318 $318 $239
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
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Packet Pg. 220 Attachment: Mooney-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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Packet Pg. 221 Attachment: Mooney-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)
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11.B.q
Packet Pg. 222 Attachment: Mooney-PDR (26879 : Conservation Collier - Cycle 11B - Bailey, Mooney, Dredge Management, Williams)