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CCLAAC Agenda 06/07/2023
26.A.2 AGENDA CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE June 7, 2023, 1:00 P.M. Commission Boardroom W. Harmon Turner Building (Building "F"), Third Floor M N O N All interested parties are invited to attend, and to register to speak. Individuals who would like to participate in person must complete and submit a speaker form. Members of the public who would like to participate remotely, should register HERE to fill out the online speaker registration form. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. Individuals CD who register online will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Summer Araque at (239) 252-2979 or email to: ConservationCollier@colliercountyfl.gov E I. Roll Call A. Approval of CCLAAC Members attending the meeting remotely II. Approval of Agenda III. Approval of May 3, 2023, Meeting Minutes IV. Old Business A. Acquisition Updates Current Acquisition Status report updated monthly in advance of CCLAAC meeting provided as part of meeting packet and under Acquisition News at www.conservationcollier.com B. Purchase Agreements o 1. Dr. Robert H. Gore Preserve multi -parcel project N a) Arias N 0 2. Panther Walk Preserve multi -parcel project N ti a) Vaz Other purchase agreements ready before the meeting will be posted online here: https://www.colliercountyfl.gov/qovernment/pu blic-services/divisions/conservation- collier/agendas-minutes/2023-meeting-packets and presented to the committee 7 C. Rosbough Enterprises Initial Criteria Screening Report (ICSR) update V. New Business A. Committee Member Application(s) B. Land Management Plan Updates Panther Walk Preserve 10-year update Land Management Plan 2. Red Maple Swamp Preserve first Final Land Management Plan C. Cycle 12A Initial Criteria Screening Report (ICSR) Matlalatl, LLC D. Cycle 12A Initial Screening Criteria (ISC) Symphony Properties LLC 2. DGC & B LLC / Ultimate Developments LLC E. Preserve Updates Packet Pg. 555 26.A.2 VI. Subcommittee Reports A. Lands Evaluation & Management — Chair, Ron Clark — upcoming meeting September 21, 2023 B. Outreach — Chair, Brittany Patterson -Weber — last meeting January 20, 2023 C. Ordinance Policy and Rules — Chair, Michele Lenhard - last meeting June 1, 2022 VII. Coordinator Communications A. Conservation Collier updates B. BCC items heard by CCLAAC 1. May 9 BCC - Purchase Agreements extensions Approved on Consent 2. May 23 BCC - Purchase Agreements Approved on Consent 3. June 13 BCC meeting — Cycle 12 TPMAs, Purchase Agreements Vill. Chair and Committee Member Comments IX. Public General Comments X. Staff Comments XI. Next Meeting: Friday, July 14, 2023 — 9:00 am XII. Adjourn ****************************************************************************************************** Committee Members: Please notify Summer Araque at 239-252-2979 no later than noon Monday, May 1, 2023, if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item. Packet Pg. 556 Conservation Collier Cycle 10 and 11 Property Status Update 26.A.4 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 ACQUIRED PROPERTIES Property Name Preserve Size (ac) Appraised Value Closing Amount Acquisition Status Aguilar, Jorge Panther Walk 1.14 $40,000 $40,000 Closed 2-13-23 Preserve Burns, Sandra Panther Walk 1.14 $30,000 $30,000 Closed 1-30-23 Preserve Caberera, Mercedes Red Maple Swamp 9.16 $114,500 $114,500 Closed 3-21-2022 Preserve Dessing, Carol A. Winchester Head 1.14 $18,810 $18,810 Closed 3-28-2022 Preserve Gorman, Herman and Alice Winchester Head 1.14 $18,810 $18,810 Closed 9-26-2022 Preserve Hofmann, Adelaida Dr. Robert H. Gore 1.59 $36,000 $36,000 Closed 2-27-23 III Preserve Hussey Trust North Belle Meade 256.00 $2,072,500 $2,072,500 Closed 11-14-22 Preserve Johnson, Tim R Panther Walk 1.14 $30,000 $30,000 Closed 1-30-23 Preserve McLaughlin Trust, Geraldine Red Maple Swamp 4.61 $57,625 $57,625 Closed 3-21-2022 Preserve Meyer Trust Panther Walk 1.59 $72,000 $72,000 Closed 1-30-23 Preserve Pena, John Panther Walk 2.27 $52,000 $52,000 Closed 2-13-23 Preserve Popp, Joe Rivers Road 19.40 $630,000 $630,000 Closed 9-26-22 Preserve Rudnick, Carol -Donation Dr. Robert H. Gore 1.59 N/A N/A Closed 6-30-22 III Preserve Sanchez, PS & NE Panther Walk 2.73 $63,000 $63,000 Closed 1-30-23 Preserve Selvig, Maribeth -Donation Panther Walk 1.14 N/A N/A Closed 9-26-22 Preserve Setser, Carrie, Larry, and Ruby Red Maple Swamp 5.00 $62,500 $62,500 Closed 3-21-2022 Preserve Thommen, William F Panther Walk 5.00 $100,000 $100,000 Closed 1-30-23 Preserve Varney, Gail Red Maple Swamp 1.14 $14,250 $14,250 Closed 2-14-2022 Preserve Wright, David Panther Walk 1.14 $30,000 $30,000 Closed 1-30-23 Preserve Zhuang, Joseph Panther Walk 2.73 $63,000 $63,000 Closed 1-30-23 Preserve TOTAL CYCLE 10 ACQUIRED PROPERTIES 320.79 $3,504,995 $3,504,995 Total number of properties = 20 M N 0 N r- d C Packet Pg. 563 Conservation Collier Cycle 10 and 11 Property Status Update 26.A.4 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 PROPERTIES PENDING ACQUISITION Property Name Preserve Size (ac) Appraised Value Purchase Price Acquisition Status Purchase Agreement approved BCC 9-13-2, Arnay, Henrietta Panther Walk 1.14 $30,000 $30,000 extension approved 5-9-23 BCC; closing Preserve scheduled for 6-9-23 Bailey, Charles E Dr. Robert H. Gore 1.14 $25,000 $25,000 Purchase Agreement approved BCC 9-13-2, III Preserve extension approved 5-9-23 BCC Panther Walk Purchase Agreement approved BCC 9-13-2, Behnke, Lois 1.14 $57,000 $57,000 extension approved 5-9-23 BCC; closing Preserve scheduled for 6-16-23 Blocker, Brian Pepper Ranch 24.50 $220,000 $220,000 Purchase Agreement approved by BCC on 3-: Preserve 2023; closing pending Castillo, lose Red Maple Swamp 5.41 $89,300 $84,835 Purchase Agreement approved by BCC on 4-: Preserve 2023; closing pending Charles, Paullette Dr. Robert H. Gore 1.14 $25,100 $22,500 Purchase Agreement approved by BCC on 5-: III Preserve 23; closing pending D & 1 Investors Panther Walk 1.14 $40,000 $40,000 Purchase Agreement approved BCC 9-13-2, Preserve extension approved 5-9-23 BCC; closing Gonzalez, Isabel Panther Walk 1.14 $50,000 $50,000 Purchase Agreement approved by BCC on 10- Preserve 2022; closing scheduled for 6-16-23 Grossman, Barry Panther Walk 2.73 $63,000 $63,000 Purchase Agreement approved by BCC on 10- Preserve 2022; closing scheduled for 6-16-23 Guerra, Sigrid Red Maple Swamp 1.14 $20,500 $20,500 Purchase Agreement approved by BCC on 3-: Preserve 2023; closing pending Purchase Agreement approved BCC 9-13-2, Joyce, David Panther Walk 2.27 $52,000 $52,000 extension approved 5-9-23 BCC; closing Preserve scheduled for 6-9-23 Joyce, Martin and Elizabeth Panther Walk 2.27 $61,300 $55,170 Purchase Agreement approved by BCC on 5-: Preserve 23; closing pending Lopez, Terri Panther Walk 1.59 $42,900 $38,610 Purchase Agreement approved by BCC on 5-: Preserve 23; closing pending Martinez, Abel Chavez Red Maple Swamp 2.27 $40,900 $36,000 Purchase Agreement approved by BCC on 5-: Preserve 23; closing pending Purchase Agreement approved by BCC on 7- Moody Crawford, Jim H Pepper Ranch 59.79 $505,000 $505,000 2022; pending closing (closing extension Preserve approved by BCC on 3-14-2023 Quevedo, Odalys Dr. Robert H. Gore 1.14 $28,000 $26,600 Purchase Agreement approved by BCC on 4-: III Preserve 2023; closing pending Ruben Trust Winchester Head 1.59 $39,800 $39,800 Purchase Agreement approved by BCC on 3-: Preserve 2023; closing pending Salgado, Julio Panther Walk 2.73 $73,700 $70,110 Purchase Agreement approved by BCC on 5-: Preserve 23; closing pending Sparkman Tamara Gibson Panther Walk 1.14 $33,000 $33,000 Purchase Agreement approved by BCC on 3-: Preserve 2023; closing pending Toro, Michael Winchester Head 1.59 $39,800 $35,820 Purchase Agreement approved by BCC on 4-: Preserve 2023; closing pending Zani, Paul Dr. Robert H. Gore 2.27 $49,900 $49,900 Purchase Agreement approved by BCC on 3-: III Preserve 2023; closing pending Subtotal - Properties with Board Approved Purchase 119.27 $ 1,586,200 $ 1,554,845 21 Agreements Subtotal number of properties = M N 0 N r- d C Packet Pg. 564 Conservation Collier Cycle 10 and 11 Property Status Update 26.A.4 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 PROPERTIES PENDING ACQUISITION, cont'd Property Name Preserve Size (ac) Appraised Value Offer Amount Acquisition Status Arias, Eladio Dr. Robert H. Gore 3.16 $63,000 $52,900 Offer accepted; Purchase Agreement pendir III Preserve Arias, Eladio Dr. Robert H. Gore 3.78 $66,000 $63,200 Offer accepted; Purchase Agreement pendir III Preserve Craparo, Stephen Dr. Robert H. Gore 1.64 $44,000 $39,600 Offer accepted; Purchase Agreement schedul III Preserve for 6/27/23 BCC meeting Eschuk, Shari Rivers Road 4.78 $180,000 TBD Offer pending Preserve Fesser, Ivan Winchester Head 2.27 $56,800 $53,960 Offer accepted; Purchase Agreement schedul Preserve for 6/27/23 BCC meeting Fleming, Albert Dr. Robert H. Gore 1.64 $39,000 $37,500 Offer accepted; Purchase Agreement schedul III Preserve for 6/27/23 BCC meeting Hackman, Charles Panther Walk 2.73 $70,000 $63,000 Offer accepted; Purchase Agreement pendir Preserve Higdon Trust, Garey D Winchester Head 1.59 $39,800 $35,820 Offer accepted; Purchase Agreement pendir Preserve Trofatter, Frederick Winchester Head 1.14 $28,000 $28,000 Offer accepted; Purchase Agreement pendir Preserve Subtotal - Properties with Board Approval of Purchase 22.73 $ 586,600 $ 373,980 Agreements Pending Subtotal number of properties = 9 TOTAL CYCLE 10 PROPERTIES PENDING ACQUISITION 142.00 $ 2,172,800 $ 1,928,825 Total number of properties = 30 M N 0 N ti d C O O r E O U 21, Q O T) 3 Q C R J 0 0 co v7 N Packet Pg. 565 Conservation Collier Cycle 10 and 11 Property Status Update 26.A.4 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Property Name Preserve Size (ac) Appraised Value Offer Amount Acquisition Status Amaranth Trust, Forrest G N/A 71.16 N/A N/A Property withdrawn Anderson, Charles Panther Walk 2.27 $64,000 $64,000 Offer not accepted Preserve Anderson, Charles Panther Walk 1.14 N/A N/A Sold to another Preserve Argay, Lorraine D Dr. Robert H. Gore 7.05 $81,000 $81,000 Offer not accepted III Preserve Arnold, Emily Pepper Ranch 5.00 N/A N/A Property withdrawn Preserve Arnold, Vanette Panther Walk 1.14 $30,000 $30,000 Offer not accepted Preserve Big Hammock - Area I (Barron Pepper Ranch 257.3 $900,000 $900,000 Offer not accepted Collier Partnership) Preserve Casasierra Realty LLC Winchester Head 1.14 $25,650 $25,650 Property withdrawn 3-23-2023 Preserve Cedeno, Kenneth Dr. Robert H. Gore 2.81 $56,000 $56,000 Offer not accepted III Preserve Dahche, Ahmand Panther Walk 5.00 $130,000 $130,000 Offer not accepted Preserve D'Angelo, Eugene Dr. Robert H. Gore 5.00 $100,000 $100,000 Offer not accepted III Preserve Erjavec, Eugene Rivers Road 4.92 $200,000 $200,000 Offer not accepted Preserve Fernandez, Erik Winchester Head 1.59 $39,800 $39,800 Offer not accepted Preserve Fischer Trust, Addison Marco Island 0.63 N/A N/A Property withdrawn Naughton, Veronica Panther Walk 2.73 N/A N/A Sold to another Preserve Macrina, Kathleen Panther Walk 1.14 N/A N/A Sold to another Preserve Magdalener,losef Shell Island 18.73 N/A N/A Property withdrawn Preserve Moylan, Paul E Panther Walk 2.73 $63,000 $63,000 Offer not accepted Preserve Ortega, Gerardo Panther Walk 1.14 $30,000 $30,000 Property withdrawn Preserve Three Brothers Panther Walk 2.73 $63,000 $63,000 Offer not accepted Preserve WISC Investment - Inlet Dr Marco Island 0.39 $429,000 $429,000 Purchase Agreement not approved by BCC TOTAL CYCLE 10 A -LIST PROPERTIES THAT WILL NOT BE 395.74 $2,211,450 $2,211,450 Total number of properties = 21 ACQUIRED M N O N r- d c O O r E O U O Q O r N Q C R J O 0 co LO N Packet Pg. 566 Conservation Collier Cycle 10 and 11 Property Status Updat 26.A.4 CYCLE 11A AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON DECEMBER 13, 2022 CYCLE 11A ACQUIRED PROPERTIES Size (ac) Appraised Value Closing Amount TOTAL CYCLE 11A ACQUIRED PROPERTIES 0.00 $0 Total number of properties = 0 CYCLE 11A PROPERTIES PENDING ACQUISITION Property Name Preserve Size (ac) Appraised Value Purchase Price Acquisition Status Agua Colina Marco Island 0.63 TBD TBD In negotiation Annecy Marco LLC Marco Island 2.13 TBD TBD In negotiation Berman Trust, R F Dr. Robert H. Gore III Preserve 1.14 TBD TBD In negotiation Chestnut, Diane Marco Island 0.53 TBD TBD In negotiation Geren, Jonathan North Belle Meade Preserve 7.84 TBD TBD In negotiation Gutierrez, Michael North Belle Meade Preserve 4.88 TBD TBD In negotiation McGinnis, Patricia Panther Walk Preserve 1.14 TBD TBD In negotiation Perez, Pedro Dr. Robert H. Gore III Preserve 1.17 TBD TBD In negotiation Repola, Andrea Panther Walk Preserve 1.14 TBD TBD In negotiation S & B Properties of Marco LLC Marco Island 0.50 TBD TBD In negotiation Scalley, William J and Martha Panther Walk Preserve 1.14 TBD TBD In negotiation Scotti, Mary North Belle Meade Preserve 8.74 TBD TBD In negotiation South Terra Corp Marco Island 0.56 TBD TBD In negotiation Sponseller, Robert North Belle Meade Preserve 5.00 TBD TBD In negotiation Starnes, Hugh Caracara Prairie Preserve 4.54 TBD TBD In negotiation Trigoura, Delsina Dr. Robert H. Gore III Preserve 1.14 TBD TBD In negotiation VanCleave, Matthew Rivers Road Preserve 0.50 TBD TBD In negotiation Vaz, Maurice J Panther Walk Preserve 1.59 $57,500 $57,000 Offer accepted; Purchase Agreement pending TOTAL CYCLE 11A PROPERTIES PENDING ACQUISITION 44.31 $57,500 $57,000 Total number of properties = 18 CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Size (ac) Appraised Value Offer Amount Berman Rev Trust, R F Panther Walk Preserve 1.17 $46,000 $43,700 No longer interested in selling Colon, Donna &Patricia Mack Dr. Robert H. Gore III Preserve 2.27 $39,500 $37,500 Selling to another TOTAL CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED 3.44 $85,500 $81,200 Total number of properties = 2 M N O N r_ d C 3 O O r r E E O U 21, T) Q C O r v Q C R J O 0 00 LO N Packet Pg. 567 Conservation Collier Cycle 10 and 11 Property Status Updated 26.A.4 CYCLE 11B AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 28, 2023 CYCLE 11B ACQUIRED PROPERTIES AppraisedValue Size (ac) Closing Amount TOTAL CYCLE 11B ACQUIRED PROPERTIES 0.00 $0 Total number of properties = 0 CYCLE 11B PROPERTIES PENDING ACQUISITION AppraisedPurchase Property Name Preserve Size (ac) Price Acquisition Status Value Brewer, Richard N/A 14.78 TBD TBD Appraisal currently being obtaine Dr. Robert H. Appraisal obtained and under Dibala Wood Trust 18.28 TBD TBD Gore III Preserve review Shell Island Appraisal obtained and under Dredge Management Assoc LLC 18.73 TBD TBD Preserve review Pepper Ranch English Trust 59.01 TBD TBD Appraisal currently being obtaine Preserve Nancy Payton Appraisal obtained and under Lie, Run He 0.50 TBD TBD Preserve review Owl Hammock N/A 7,378.00 TBD TBD Appraisal currently being obtaine Mcllvane Marsh Relevant Radio, Inc. 10.46 TBD TBD Appraisal currently being obtaine Preserve Nancy Payton Appraisal obtained and under Sit/Williams/Chew 3.50 TBD TBD Preserve review Dr. Robert H. Appraisal obtained and under Weir Trust, Celine 2.27 TBD TBD Gore III Preserve review Wilson Trust Winchester Head 1.59 $39,800 $39,800 Offer accepted; Purchase Preserve Agreement pending TOTAL CYCLE 11B PROPERTIES PENDING 7,507.12 $39,800 $39,800 Total number of properties = 1( ACQUISITION CYCLE 11B A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED AppraisedOffer Property Name Preserve Size (ac) Amount Acquisition Status Value Buckley Enterprises Nancy Payton 80.00 N/A N/A Selling to another Preserve Otter Mound Khoury 0.43 N/A N/A Sold to another Preserve Dr. Robert H. Smith & Montgomery 2.73 N/A N/A Property withdrawn Gore III Preserve TOTAL CYCLE 11B A -LIST PROPERTIES THAT WILL 83.16 N/A N/A Total number of properties = 3 NOT BE ACQUIRED M N 0 N d C a� a� r r E E 0 U L 0 Q 0 r Mn .E s a c �a J O 0 co LO Packet Pg. 568 WEIR TRUST TRIGOURA, DELSINA=& AMY RICHARD FRANKLIN BERMAN TRUST FONTELA, MARICEL ALEU ARIAS, ELADIO R Property Owner Accepted Offer Dr. Robert Gore III Preserve CONS-E-Iw.. — N CDLLIER Cottier Packet Pg. 208 SPONSELLER, ROBERT C & BERNIE MICHAEL GEREN REV TRUST SCOTTI TR, MARY GUTIERREZ, MICHAELA North Belle Meade Preserve a 4- 0 a m m c as E z u 0 a CONS-E-Iw.. - N CDLLIER Cottier Packet Pg. 209 BRAFFMAN, ANDREA REPOLA MCGINNIS, PATRICIA E SCALLEY JR, WILLIAM J=& MARTHA Property Owner Accepted Offer Panther Walk Preserve a 4- 0 a m m c as E z u 0 a CONS�E- ... ...N OLLIER Coen Packet Pg. 210 PERONA, MICHAEL & BARBARA E Property Owner Accepted Offer Winchester Head Preserve GO N S-E-Imo...... N CDLLIER Cottier Packet Pg. 211 26.A.5 Conservation Collier Land Acquisition Program Project Design Report Arias Property Date: June 2023 Property Owner: Silvia M. Arias Folios : 41560040006 and 41560080008 Location: GOLDEN GATE EST REPLAT UNIT 91A E 150FT and W 18OFT OF TR 121 Size: 6.94 acres (41560040006 — 3.16 acres; 41560080008 — 3.78 acres) Purchase Price: $116,100 (41560040006 — $56,700; 41560080008 — $59,400) History of Project: Selected for the Selected Original Original Updated Updated "A" category, for the "A" Purchase Offer Offer Made Offer #1 priority, on category, offer made Accepted Accepted the Active #1 priority, to owners Acquisition on AAL by List (AAL) by BCC CCLAAC 12/9/22 1/25/2022 9/22/2022 10/11/2022 3/2/2023 3/27/23 Purpose of Project: Environmental Conservation — Conservation Collier Program Program Oualifications: These parcels are adjacent to the Dr. Robert H. Gore III Preserve. The Arias parcels were considered due to their proximity to an existing Conservation Collier preserve. The Arias project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County These parcels are not accessible by a paved road; however, they could accommodate outdoor recreation, due to their proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcels have many wetland dependent plant species and contain karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcels provide minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. M N O N ti d r_ 3 a Packet Pg. 569 26.A.5 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Arias parcels expand the Dr. Robert H. Gore III Preserve. These parcels, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcels are within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $3,470 $2,776 $2,776 $2,776 $1,735 Signage $200 Total $3,670 $2,776 $2,776 $2,776 $1,735 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 7 Q Packet Pg. 570 26.A.5 ARIAS, SILVIA M Dr. Robert Gore III Preserve Property Owner Accepted Offer CONi#i�-ATION C LLIER Q Packet Pg. 571 26.A.5 0 0.2 Miles C7 ARIAS, SILVIA M IV! Dr. Robert H. Gore III Preserve , ;A91- M N O N ti d C 7 7 CON hATNR Cofer Couxty +' C N E t u R a Packet Pg. 572 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 M N O N AGREEMENT FOR SALE AND PURCHASE d c THIS AGREEMENT is made and entered into by and between SILVIA M. ARIAS, an unmarried widow, whose address is 10850 SW 30t" Place, Davie, FL 33328, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: rAT __.._. Il _._. ► 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED SIXTEEN THOUSAND ONE HUNDRED and 001100 DOLLARS ($116,100.00), (U.S. Currency) payable at time of closing. III. CLOSING = 1` 3.01 The Closing (THE "CLOSING DATE," "DATE OF CLOSING," OR "CLOSING") of the transaction shall be held on or before one hundred and eighty o (180) days following execution of this Agreement by the Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 m Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: E 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to a Packet Pg. 573 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 M N applicable title standards adopted by the Florida Bar and in accordance with CD law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3A113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to c adjustment for prorations as hereinafter set forth. 0 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, r_ at its sole cost and expense, shall pay at Closing all documentary stamp taxes due 0 relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, o 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 m 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. a� 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 2 a Packet Pg. 574 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 M N allowance made for maximum allowable discount, homestead and any other N applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. x 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this �° Agreement. Purchaser shall have the option, at its own expense, to obtain a o 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 m change to the total acreage referenced in Exhibit "A," unless the difference in > acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack a Packet Pg. 575 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the a Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller c in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its = investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and o environmental and soil testing results commissioned by Purchaser with respect to the Property. m 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 a Packet Pg. 576 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 M N Purchaser no less than twenty-four (24) hours prior to said inspection of the CD Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller,. within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Ag reement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and M Purchaser to execute and consummate the transaction contemplated hereby. a Packet Pg. 577 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or N 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 a' 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 a applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in c 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 m 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 a Packet Pg. 578 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 M N has been served upon Seller claiming any violation of any law, ordinance, code N 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 3 order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the E 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 a Agreement up to and including the Date of Closing. Therefore, Seller agrees N 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 a 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 a notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property c which may restrict or change any other condition of the Property. x 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 o survive the Closing. T 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend > and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall a Packet Pg. 579 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., (" CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Vivian Rodriguez, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Silvia M. Arias 10850 SW 30th Place Davie, FL 33328 Telephone number: 305-965-5841 Fax number: N/A 11.02 The addressees and numbers for the purpose of this Article may be �0 changed by either party by giving written notice of such change to the other party o 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 m addressee and respective address stated herein shall be deemed to continue in > effect for all purposes. E a Packet Pg. 580 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 M N XII. REAL ESTATE BROKERS CD ti 12.01 Any and all brokerage commissions or fees shall be the sole responsibility 3 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 E pay any and all commissions or fees at closing pursuant to the terms of a separate 0 agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any c 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. 0 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 00 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 E Commissioners of Collier County, Florida. 0 a Packet Pg. 581 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41660040006 & 41560080008 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MN RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] M N O N ti d r_ 3 M. 0 L E a Packet Pg. 582 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney BY: SILVIA M. ARIAS M N O N ti d C ■■ RE I� c m << t U l Packet Pg. 583 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41560040006 LEGAL DESCRIPTION: EAST 150 FEET OF TRACT 121, UNIT. 91A, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.16 acres AND PROPERTY IDENTIFICATION NUMBER: 41560080008 LEGAL DESCRIPTION: WEST 180 FEET OF TRACT 121, UNIT 91A, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED 1N PLAT BOOK 9, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.78 acres Q Packet Pg. 584 26.A.6 Conservation Collier Land Acquisition Program Project Design Report Vaz Property Date: May 2023 Property Owner: Maurice and Alinda Vaz Folios : 38845280002 Location: GOLDEN GATE EST UNIT 42 W 105FT OF TR 65 Size: 1.59 acres Purchase Price: $56,000 History of Project: Selected for the "A" category, #1 Selected for the "A" Purchase offer priority, on the Active Acquisition List category, #1 priority, made to owners Offer Accepted (AAL) by CCLAAC on AAL by BCC 8/3/2022 12/13/2022 5/l/2023 5/8/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand, south the Panther Walk Preserve. The Vaz parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 58th Ave NE off Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Packet Pg. 585 26.A.6 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through N the Horsepen Strand. N Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen c Strand 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 a� additional land use overlays applicable. Proiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $477 $318 $318 $318 $239 Si na e $200 Total $677 $318 $318 $318 $239 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Packet Pg. 586 26.A.6 a 1 2 Miles Q VAZ, MAURICE & ALINDA Property Owner Accepted Offer Panther Walk Preserve m CONS-Ei AT1ON LLIER C',O*r County Packet Pg. 587 26.A.6 CONSERVATION COLLIER TAX ID NUMBER: 38845280002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MAURICE J. VAZ and ALINDA VAZ, husband and wife, whose address is 2813 Oakbrook Drive, Weston, FL 33332, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FIFTY SEVEN THOUSAND and 00/100 DOLLARS ($57,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before 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 Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Packet Pg. 589 26.A.6 CONSERVATION COLLIER TAX ID NUMBER. 38B45280002 M 3.011 Seller shall convey a marketable title free of any liens, encumbrances, N exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with 3 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: r w 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3,0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. N 3.0122 Funds payable to the Seller representing the cash payment due m at Closing in accordance with Article III hereof, shall be subject to > adjustment for prorations as hereinafter set forth. E 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 a 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 Packet Pg. 590 26.A.6 CONSERVATION COLLIER TAX ID NUMBER: 38845280002 change to the total acreage referenced in Exhibit 'A" unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal 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. 5.02 if Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. Packet Pg. 591 26.A.6 CONSERVATION COLLIER TAX ID NUMBER: 38845280002 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. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks Packet Pg. 592 26.A.6 CONSERVATION COLLIER TAX ID NUMBER: 38845280002 required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. t .Y. 10.012 Seller has full right, power, and authority to own and operate the N 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. o U 10,013 The warranties set forth in this paragraph shall be true on the date of o 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 felt performance and a discharge of every agreement and obligation on the part of the Seller to be o performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, a proceedings, litigation or investigations pending or threatened against Seller, at = law, equity or in arbitration before or by any federal, state, municipal or other J governmental instrumentality that relate to this agreement or any other o property that could, if continued, adversely affect Seller's ability to sell the 00 Property to Purchaser according to the terms of this Agreement. Ln V 10.015 No party or person other than Purchaser has any right or option to N M > acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have Packet Pg. 593 26.A.6 CONSERVATION COLLIER TAX Id NUMBER: 38845280002 (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 order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. Packet Pg. 594 26.A.6 CONSERVATION COLLIER TAX ID NUMBER: 38845280002 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Maurice J. Vaz 2813 Oakbrook Drive Weston, Florida 33332 Telephone number: 954-907-9441 Packet Pg. 595 26.A.6 CONSERVATION COLLIER TAX ID NUMBER: 38845280002 11,02 The addresses 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 and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.05 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. Packet Pg. 596 26.A.6 CONSERVATION COLLIER TAX ID NUMBER: 38845280002 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seiler is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M RICK LOCASTRO, Chairman [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Packet Pg. 597 26.A.6 CONSERVATION COLLIER TAX ID NUMBER38845280002 AS TO SELLER: DATED: J ICE Z-�, WITNESSES: ,: / , 1 /0 (Signature) s - `t Araeil Z of (Print Witnes ame) (Signature) 6enio ord©nez (Print Witr e�s Name) (Signature) ellllol 13a 6� y (Print W' ess Name) (Si ature) Sri 1� �C7T e✓/ - (Print Witness Name) Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney By: MAU �J.VAZ By: M,-- ALINDA VAZ Packet Pg. 598 26.A.6 EXHIBIT "A" M N The West 105 feet of Tract 65, GOLDEN GATE ESTATES, UNIT 42, according to the Plat N thereof as recorded in Plat Book 7, Page(s) 27, of the Public Records of Collier County, Florida. Parcel Identification Number: 38845280002 1.59 acres Packet Pg. 599 26.A.7 Conservation Collier Initial Criteria Screening Report Rosbough Enterprises Owner Name: Rosbough Enterprises, Ltd. Size: 32.5 acres Folio Number: 00053320009, 00053321105 Staff Report Date: March 8, 2023 (updated June 7, 2023) Total Score: 213/400 200 160 150 100 84 80 78 80 80 50 0 1 - Ecological Value 2 - Human Value 3 - Restoration and 4 - Vulnerability Management ■ Awarded Points ❑ Possible Points Packet Pg. 600 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Table of Contents 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) Tableof Contents......................................................................................................................................... 2 1. Introduction........................................................................................................................................... 4 2. Summary of Property............................................................................................................................ 5 Figure 1 - Parcels Location Overview.......................................................................................................5 Figure2 - Parcels 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.................................................................................................... 12 Figure 4 - CLIP4 Priority Natural Communities........................................................................ 13 Figure 5 - Florida Cooperative Land Cover Classification System ............................................ 14 Figure 6 — Freshwater marsh with Cabbage Palm Hammock in foreground ........................... 15 Figure 7 — Mixed Wetland Hardwoods — red maple................................................................ 15 3.1.2 Wildlife Communities............................................................................................................ 16 Table 5 — Listed Wildlife Detected........................................................................................... 16 Table 6—Potential Listed Wildlife Species.............................................................................. 16 Figure 8 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................... 17 Figure 9 - CLIP4 Potential Habitat Richness............................................................................. 18 3.1.3 Water Resources................................................................................................................... 19 Figure 10 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones ............................ 20 Figure 11 - Collier County Soil Survey...................................................................................... 21 Figure 12 LIDAR Elevation Map............................................................................................... 22 3.1.4 Ecosystem Connectivity........................................................................................................ 23 Figure 13 - Conservation Lands............................................................................................... 23 2 Packet Pg. 601 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 000S3321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 3.2 Human Values................................................................................................................................. 24 3.2.1 Recreation............................................................................................................................. 24 3.2.2 Accessibility........................................................................................................................... 24 c� 3.2.3 Aesthetic/Cultural Enhancement......................................................................................... 24 N 0 c� 3.3 Restoration and Management....................................................................................................... 24 ti 3 3.3.1 Vegetation Management...................................................................................................... 24 3.3.1.1 Invasive Vegetation..................................................................................................... 24 aD m r 3.3.1.2 Prescribed Fire............................................................................................................ 24 r E E 3.3.2 Remediation and Site Security.............................................................................................. 24 0 U 3.3.3 Assistance.............................................................................................................................. 24 c 3.4 Vulnerability.................................................................................................................................... 24 Q 3.4.1 Zoning and Land Use............................................................................................................. 24 c 0 Figure14 —Zoning ................................................................................................................... 25 y Figure 15 — RLSA Overlay......................................................................................................... 26 .3 a Q Figure16—Future Land Use.................................................................................................... 27 c 3.4.2 Development Plans............................................................................................................... 28 4. Acquisition Considerations..................................................................................................................28 0 00 5. Management Needs and Costs..............................................................................................................28 LO Table 7 - Estimated Costs of Site Remediation, Improvements, and Management ................ 28 a� 6. Potential for Matching Funds..............................................................................................................28 a Q: 7. Secondary Criteria Scoring Form.........................................................................................................29 v 8. Additional Site Photos.........................................................................................................................35 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions......................................37 a� L 3 Packet Pg. 602 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 00053321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 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 12th acquisition cycle 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. 4 Packet Pg. 603 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 2. Summary of Property 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) Lake Trafford 0 1 2 Miles r- ' ROSBOUGH ENTERPRISES LTD 10 A -list (Closing Pending) 11 B A -list (Board Approved) Vffl Conservation Collier Preserve Other Conservation Areas Figure 1 - Parcels Location Overview 0 CONUWATION LUER coif# 1 couHcy 5 Packet Pg. 604 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 000S332110S Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles Cor County Figure 2 - Parcels Close-up Q Packet Pg. 605 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 2.1 Summary of Property Information Table 1 — Summary of Property Information Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) Characteristic Value Comments Name Rosbough Enterprises Rosbough Enterprises, Ltd. Folio Numbers 00053320009, 00053321105 Target Protection Area (Ord. 2002-63, Small portion is 500 Ft. Buffer Pepper Ranch Preserve Mailing area Cycle 11 Section 10.3) Size 32.5 acres 2 parcels Section, Township, S34, T46, R28 Section 34, Township 46, Range 28 and Range Zoning Zoned Agricultural with Mobile Home Overlay (1 unit Category/TDRs/ A-MHO-RLSA (Open and 500 / 5 ac.); Rural Lands Stewardship Area Overly with Overlays ft Buffer) primarily Open with some 500 ft Buffer on eastern edge. AH - Area close to water hazard that has a one percent chance of experiencing shallow flooding FEMA Flood Map Mostly AH with some AE between one and three feet each year Category AE - Special Flood Hazard Area with a 1% annual flood risk, or a 26% chance of flooding during a 30-year mortgage Existing structures None Pepper Ranch Preserve to the west, Lake Trafford to Adjoining properties Conservation, lake, single- the east, undeveloped land to the north and south, and their Uses family, undeveloped and single-family residential between the 2 blocks of parcels; Trafford Oaks Road bisects the property north to south on the western side Development Plans None Submitted Trafford Oaks Road; Elevated Trafford Oaks Road bisects the property north to Known Property house area in south; cattle south; area of elevated land that was cleared and Irregularities ponds filled exists in the western -most parcel, area was prepped for home that was never built. Other County Dept None known Interest c W E ca Q Packet Pg. 606 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 000S3321105 Date: March 8, 2023 (updated June 7, 2023) Total Score: 213/400 180 160 160 140 120 100 84 80 78 80 80 80 60 40 36 16 20 0 1- Ecological Value 2 - Human Value 3 - Restoration and 4 - Vulnerability Management ■ Awarded Points ❑ Possible Points Figure 3 - Secondary Criteria Score Criteria Awarded Weighted Points Possible Weighted Points Awarded/Possible Points 1- Ecological Value 84 160 53% 1.1 - Vegetative Communities 21 53 40% 1.2 - Wildlife Communities 27 27 100% 1.3 - Water Resources 16 27 60% 1.4 - Ecosystem Connectivity 20 53 38% 2 - Human Values 16 80 20% 2.1 - Recreation 6 34 17% 2.2 - Accessibility 9 34 25% 2.3 - Aesthetics/Cultural Enhancement 1 11 13% 3 - Restoration and Management 78 80 97% 3.1 - Vegetation Management 55 55 100% 3.2 - Remediation and Site Security 23 23 100% 3.3 - Assistance 0 2 0% 4 - Vulnerability 36 80 44% 4.1- Zoning and Land Use 33 58 58% 4.2 - Development Plans 2 22 10% Total 213 400 53% Table 2 - Secondary Criteria Score Summary E-1 Packet Pg. 607 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 2.2 Summary of Assessed Value and Property Cost Estimates The interest being appraised is fee simple "as is" for the purchase of the site. A value of the parcels was 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 Division 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, one appraisal is required for the Rosbough Enterprises, Ltd. property, which has an initial estimated valuation less than $500,000; 1 independent Real Estate Appraisers will value the subject property and the appraisal report will be used to determine the offer made to the seller. Table 3. Assessed & Estimated Value Property owner Address Acreage Assessed EstimatedValue* Value** Rosbough Enterprises, Ltd. No address 32.5 $195,000 TBD * Assessed Value is obtained from the Property Appraiser's Website. The Assessed Value is based off the current use of the property. **The Estimated Value for the Rosbough Enterprises, Ltd. property will be obtained from the Collier County Real Estate Services Department 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. The parcels have a baseline zoning of A -MHO (Agricultural — Mobile Home Overlay), which allows for 1 unit per 5 acres. The parcels are also within the Rural Lands Stewardship Area (RLSA) with approximately 28.5 acres designated as Open lands and 4 acres adjacent to the lake within a 500 ft. Buffer area. A Packet Pg. 608 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 00053321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 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: Parcels contain Cabbage Palm Hammock, Mixed Wetland Hardwoods, and Freshwater Marsh. 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: These parcels are directly adjacent to the 2,512-acre Pepper Ranch Preserve and can be directly accessed from both Trafford Oaks Road and directly from the preserve along the southeastern boundary; however, Trafford Oaks Road is a private road with a security gate that would prohibit public access from that direction. 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 parcels are comprised of primarily hydric soils and contain wetland vegetation communities. They hold water during the wet season. Acquisition of these parcels would protect the Corkscrew swamp and marsh complex and wetlands associated with Lake Trafford. The Corkscrew swamp and marsh complex provide recharge for the Lower Tamiami aquifer, a source of drinking water for many County and private wells east of County Road 951. 10 Packet Pg. 609 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Criteria 4: Biological and Ecological Value 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? YES Statement for Satisfaction of Criteria 4: The parcels are adjacent to Pepper Ranch Preserve to the east and the Cycle 11B English Trust parcel to the south. It can be assumed that the same important wildlife species documented on the preserve also utilize this property including the endangered Florida Panther, snail kite, wood stork, and black bear and multiple bird species. There is significant restoration potential for forested areas impacted by clearing activities. 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 Statement for Satisfaction of Criteria 5: The parcels are adjacent to and would contribute to an important wildlife corridor through the adjacent Pepper Ranch Preserve and other state-owned conservation land. Preservation and restoration of these parcels would add to the conservation land buffer protecting the Corkscrew Regional Ecosystem Watershed (CREW). This consists of over 60,000 acres of South Florida Water Management District lands. The CREW Marsh wetlands are also an ecological link and corridor into the Camp Keais Strand and other conservation lands to the south. The parcels are within the Corkscrew Regional Ecosystem Watershed Florida Forever Project Area; however, Conservation Collier funds will not significantly increase the rank or funding priority of these parcels for Florida Forever, and the small individual size of the parcels makes them undesirable for the state to pursue for acquisition at this time. 11 Packet Pg. 610 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 3. Initial Screening Criteria 3.1 Ecological Values 3.1.1 Vegetative Communities 26.A.7 Folio Numbers: 00053320009, 000S332110S Date: March 8, 2023 (updated June 7, 2023) The property is primarily Cabbage Palm Hammock. The canopy the hammock areas consists primarily of cabbage palm (Sabal palmetto) with some laurel oak (Quercus lourifolia). Midstory consists of myrsine (Myrsine cubana), shiny -leaf wild coffee (Psychotria nervosa). Groundcover is primarily swamp fern (Telmatoblechnum serrulatum), bahiagrass (Paspalum notatum), marshpennywort (Hydrocotyle sp.), and ruderal pasture species. Mixed Wetland Hardwoods (mapped as Cypress/Tupelo) exist adjacent to Lake Trafford. The dominant canopy trees in the Mixed Wetland Hardwoods are red maple, pop ash, and an occasional cypress (Taxodium distichum). The midstory is relatively open with swamp fern and alligator flag (Thalia geniculata) in the groundcover. Other species observed include strangler fig (Ficus ourea), long strap fern (Campyloneurum phyllitidi), shoestring fern (Vittoria lineata), and southern needleleaf (Tillandsia setacea). Freshwater marsh exists in pockets throughout both parcels. Primary species include pickerelweed (Pontederia cordata) and arrowhead (Sagittaria latifolia). The overall condition of the plant communities within the property is good with an estimated exotic plant coverage of 10%. The dominant exotic noted is Brazilian pepper (Schinus terebinthifolia). Some Caesarweed (Ureno lobata), climbing fern (Lygodium microphyllum), and climbing cassia (Ludwigia peruviana) are present, but not in large amounts. Table 4. Listed Plant Species Common Name Scientific Name State Status Federal Status Northern needleleaf Tillandsia balbisiana State Threatened n/a Cardinal airplant Tillandsia fasciculata State Endangered n/a 12 Packet Pg. 611 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 000S3321105 Date: March 8, 2023 (updated June 7, 2023) 0 0A Miles ROSBOUGH ENTERPRISES LTD CLIP4 Priority Natural Communities Priority 1 (highest) Priority 2 Priority 3 Priority 4 Figure 4 - CLIP4 Priority Noturol Communities CONSEi _i ATION CIOLLIER 13 Packet Pg. 612 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles ROSBOUGH ENTERPRISES LTD Land Cover Cabbage Palm Cypress/Tupelo(incl Cy1Tu mixed) Lacustrine Mixed Scrub -Shrub Wetland Mixed Wetland Hardwoods Residential, Low Density Transportation Figure 5 - Florida Cooperative Land Cover Classification System CON E A71011 �� LLIER Coti , County 14 Packet Pg. 613 AV Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 3.1.2 Wildlife Communities 26.A.7 Folio Numbers: 00OS3320009, 000S332110S Date: March 8, 2023 (updated June 7, 2023) These parcels provide significant wildlife habitat enhancement to adjacent lands. It can be assumed that the same important wildlife species documented on the adjacent Pepper Ranch also utilize these properties including the Everglades snail kite, wood stork, black bear and multiple bird species. Additionally, an American alligator and sandhill crane were observed by County staff during the site visit, and a collared Florida panther (Puma concolor coryi) was tracked on the property in 2019. Table S — Listed Wildlife Detected Common State Mode of Scientific Name Federal Status Name Status Detection Florida Panther Puma concolor coryi Endangered Telemetry points Threatened American Alligator mississippiensis (Similarity of Observation alligator appearance) Sandhill crane Grus canadensis Threatened Observation Wood stork Mycteria americana Threatened Observation Table 6 — Potential Listed Wildlife Species Common Name Scientific Name State Status FederalStatus Little blue heron Egretta caerulea Threatened Everglade snail kite Rostrhamus sociabilis plumbeus Endangered Tricolored heron Egretta tricolor Threatened Roseate spoonbill Platalea ajaja Threatened 16 Packet Pg. 615 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0�5 Miles ROSBOUGH ENTERPRISES LTD Bald Eagle Nests Z\ Florida Panther Telemetry Figure 8 - Wildlife Spotiol Data (i.e., telemetry, roosts, etc) CONSE ATION EEIER Coi[ier County 17 Packet Pg. 616 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0A Miles ROSBOUGH ENTERPRISES LTD VALUE 1 species 2-4 species 5-6 species 7 species 5-13 species Figure 9 - CLIP4 Potential Habitat Richness CON E A71011 �� LLIER Coti , County 18 Packet Pg. 617 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 00053321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 3.1.3 Water Resources Acquisition of this property would offer increased opportunity for protection of water resource values, including some recharge of the aquifer and protection of wetland dependent species habitat. The parcels contain 100% wetlands, and would provide habitat for wetland dependent species most of the year. A primary benefit to preserving the parcels in an undeveloped state would be additional protection of the Corkscrew swamp and marsh complex, and wetlands associated with Lake Trafford. The Corkscrew swamp and marsh complex provide recharge for the Lower Tamiami aquifer, a source of drinking water for many County and private wells east of County Road 951. Acquisition of this property would add to the protection of the quality of this water source by increasing the buffering of the Corkscrew slough from development and non -point source pollution. The property also provides natural flood protection. Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990). Mapped soils are nearly entirely "Riviera, limestone substratum -Copeland fine sands — a hydric, nearly level, poorly drained soil that is associated with sloughs and cypress swamps. A small portion of the western -most parcel is mapped as "Tuscawilla fine sand" — a non-hydric, nearly level, poorly drained soil that is associated with flatwoods and hammocks. 19 Packet Pg. 618 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles F- ROSBOUGH ENTERPRISES LTD C. Priority 6 Wellfield Protection Zones = 1-YEAR 2-YEAR 5-YEAR -_. -. 20-YEAR CLIP4 Aquifer Recharge W Priority 1- HIGHEST W Priority 2 P Priority 3 Priority 4 Cl Priority 5 Figure 10 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones LLIER Collier County .+ 'A 20 Packet Pg. 619 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles ROSBOUGH ENTERPRISES LTD Soil Type RIVIERA, LIMESTONE SUBSTRATUM - COPELAND FINE TUSCAWILLA FINE SAND WATER Figure 11 - Collier County Soil Survey CON E A71011 �� LLIER Coti , County 21 Packet Pg. 620 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles ROSBOUGH ENTERPRISES LTD LI DAR Valu Migh : 104.644 Low :-4.11745 Figure 12 LIDAR Elevation Map CON E A710N LLIER CipY Ci011HLy' .: .fi 22 Packet Pg. 621 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 00053321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 3.1.4 Ecosystem Connectivity These parcels are adjacent to and would contribute to an important wildlife corridor through the adjacent Pepper Ranch Preserve and other state-owned conservation land. Preservation and restoration of these parcels would add to the conservation land buffer protecting the Corkscrew Regional Ecosystem Watershed (CREW). This consists of over 60,000 acres of South Florida Water Management District lands. The CREW Marsh wetlands are also an ecological link and corridor into the Camp Keais Strand and other conservation lands to the south. T 0 1 2 3 4 5 6 7 8 9 10 Miles ROSBOUGH ENTERPRISES LTD 10 A -list (Closing Pending) 11 A A -list (Board Approved) 11 B A -list (Board Approved) Conservation Collier Preserve Other Conservation Areas CON HkVATION CIIp LLIER Cwher Cauiity Figure 13 - Conservation Lands 23 Packet Pg. 622 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 00053321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 3.2 Human Values 3.2.1 Recreation These parcels are adjacent to the 2,512-acre Pepper Ranch Preserve which provides multiple opportunities for passive public recreation. The parcels would increase the size of the Preserve. Passive recreation such as photography and wildlife viewing could be possible along the western boundary of the preserve if trails were installed within Pepper Ranch Preserve for access. 3.2.2 Accessibility The parcels can be accessed via Trafford Oaks Road, a private paved road. This road has a security gate that would limit public access but would allow access to the properties for management. The parcels can also be accessed directly from the Pepper Ranch Preserve along the southeastern boundary; however, an agricultural fence along the eastern boundary of Pepper Ranch Preserve would restrict public access. 3.2.3 Aesthetic/Cultural Enhancement The parcels are visible from Lake Trafford and provide views of mature laurel oak, red maple and pop ash. 3.3 Restoration and Management 3.3.1 Vegetation Management 3.3.1.1 Invasive Vegetation It appears that only approximately 10% of the property is covered with invasive vegetation — primarily Brazilian pepper with some scattered Caesarweed, climbing fern, and climbing cassia. 3.3.1.2 Prescribed Fire The parcels do not contain fire dependent communities, therefore prescribed fire would not be recommended. 3.3.2 Remediation and Site Security No site security issues appear to exist within the parcels. 3.3.3 Assistance Staff does not anticipate management assistance from other agencies. 3.4 Vulnerability 3.4.1 Zoning and Land Use The parcels have a baseline zoning of A -MHO (Agricultural — Mobile Home Overlay), which allows for 1 unit per 5 acres. The parcels are also within the Rural Lands Stewardship Area (RLSA) with approximately 28.5 acres designated as Open lands and 4 acres adjacent to the lake within a 500 ft. Buffer area. 24 Packet Pg. 623 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Folio Numbers: 00053320009, 000S3321105 Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles ROSBOUGH ENTERPRISES LTD Zoning General A-MHO-RLSAO A-MH0-RLSA0-BCl/BCP/SI-SSA-13 Figure 14 —Zoning CON ,E , ATION LLIER CAT County 4, 25 Q Packet Pg. 624 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles [= ROSBOUGH ENTERPRISES LTD NAME L 1 500 Foot Buffer Flowway Stewardship Area Habitat Stewardship Area Figure 15 — RLSA Overlay "h-.. CON AT1" L U E R1 CA.-, C---ty 26 Packet Pg. 625 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 0 0.35 Miles E--ii ROSBOUGH ENTERPRISES LTD Future Land Use Agricultural /Rural Mixed Use District/RLSA Figure 16 —Future Land Use CO N SHt'�AT I O N COLLIER Cojfjev County 27 Packet Pg. 626 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 3.4.2 Development Plans The property is not currently planned for development. 26.A.7 Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) 4. Acquisition Considerations Staff would like to bring the following items to the attention of the Advisory Committee during the review of this property. The following items may not have significantly affected the scoring but are worth noting. Due to its prior uses, staff recommends a Phase I Environmental Site Assessment prior to acquisition of the property. 5. Management Needs and Costs Table 7 - Estimated Costs of Site Remediation, Improvements, and Management Annual Management Initial Recurring Comments Element Cost Cost Invasive Initial cost estimated at $200/acre with recurring estimated Vegetation $6,500 $3,250 at $100/acre based on minimal exotics. Removal Signage $200 1 n/a TOTAL $6,700 1 $3,250 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. This property would not be a good candidate for FCT funding. Florida Forever Program: Although these parcels are within a Florida Forever Program boundary, because of their individual size, the State will not pursue their acquisition. Additional Funding Sources: There is potential for partnership with the CREW Land and Water Trust to facilitate acquisition. 28 Packet Pg. 627 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 7. Secondary Criteria Scoring Form Folio Numbers: 00053320009, 000S3321105 Date: March 8, 2023 (updated June 7, 2023) Property Name: Rosbough Enterprises, Ltd. Target Protection Mailing Area: Pepper Ranch Preserve Folio(s): 00053320009, 00053321105 Secondary Criteria Scoring Possible Points Awarded Points percentage 1 - Ecological Value 160 84 1 53 2 - Human Value 80 16 20 3 - Restoration and Management 80 78 97 4 - Vulnerability 80 36 44 TOTAL SCORE 400 213 53 111�1 - ECOLOGICAL VALUES (40% of total) Possible Awarded Comments Points Points 1.1 VEGETATIVE COMMUNITIES 11-1.1-Priority 200 80 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 100 Berm, 1630 - Coastal Grasslands, 1640 - Coastal Strand, or 1650 - Maritime Hammock) 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 d. Parcel contains CLIP4 Priority 4 communities (5250 - Mangrove Swamp) 25 0 1.1.2 - Plant community diversity (Select the highest score) Mixed Wetland a. Parcel has >_ 3 CLC native plant communities (Florida Cooperative Hardwoods; Land Cover Classification System native plant communities) 20 20 Mesic Hammock; Freshwater Marsh 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 c. Parcel has <_ 2 CLC listed plant species 10 10 TillaTillann dsia fasciculata; 29 c m E z Q Packet Pg. 628 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Folio Numbers: 00053320009, 000S3321105 Date: March 8, 2023 (updated June 7, 2023) Tillandsia balbisiana d. Parcel has 0 CLC listed plant species 0 1.1.4 - Invasive Plant Infestation (Select highest score) low, scattered a. 0 - 10% infestation 50 50 Brazilian pepper, some lygod i u m b. 10 - 25% infestation 40 c. 25 - 50% infestation 30 d. 50 - 75% infestation 20 e. >_75% infestation 10 1.2 - WILDLIFE COMMUNITIES 100 100 1.2.1- Listed wildlife species (Select the highest score) Panther a. Listed wildlife species documented on the parcel 80 80 telemetry points 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) 32.5 acres of similar habitat a. Parcel protects significant wildlife habitat (Please describe) 20 20 to Pepper Ranch Preserve b. Parcel enhances adjacent to significant wildlife habitat (Please describe) 10 c. Parcel does not enhance significant wildlife habitat 0 1.3 - WATER RESOURCES 00111F 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 20 d. Parcel is located within a CLIP4 Aquifer Recharge Priority 6 area 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 c m E z Q Packet Pg. 629 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) b. Parcel is contiguous with and provides buffering for a creek, river, lake, canal or other surface water body 20 20 Lake Trafford c. Parcel is contiguous with and provides buffering for an identified flowway 15 d. Wetlands exist on site 10 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 Nearly 100% b. Parcel has known history of flooding and is likely to provide onsite water attenuation 10 10 c. Parcel provides storm surge buffering 10 d. Parcel does not provide floodplain management benefits 0 1.4 - ECOSYSTEM CONNECTIVITY 200 75 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 25 32.5 ac. d. Parcel is >_ 10 acres 15 e. Parcel is < 10 acres 0 1.4.2 - Connectivity (Select highest score) a. Parcel is immediately contiguous with conservation lands 50 50 Pepper Ranch 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 600 315 ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible Points*160) 160 84 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 Only on west side 31 Q Packet Pg. 630 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Folio Numbers: 00053320009, 000S3321105 Date: March 8, 2023 (updated June 7, 2023) g. Parcel is incompatible with nature -based recreation 0 2.2 - ACCESSIBILITY 120 30 2.2.1- Seasonality (Select the highest score) a. Parcel accessible for land -based recreation year round 20 b. Parcel accessible for land -based recreation seasonally 10 10 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 b. Public access via unpaved road 30 c. Public access via private road 20 d. No public access 0 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 20 c. Street parking available 10 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 5 2.3.1- Aesthetic/cultural value (Choose all that apply) a. Mature/outstanding native vegetation 5 5 mature oaks, red maple, pop ash b. Scenic vistas 5 c. Frontage enhances aesthetics of public thoroughfare 10 d. Archaeological/historical structures present 15 e. Other (Please describe) 5 f. None 0 HUMAN VALUES TOTAL SCORE 280 55 HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 16 Possible Awarded 3 - RESTORATION AND MANAGEMENT (20%) Comments Points Points 3.1 - VEGETATION MANAGEMENT 120 120 3.1.1- Invasive plant management needs (Select the highest score) 32 c m z Q Packet Pg. 631 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Folio Numbers: 00053320009, 000S3321105 Date: March 8, 2023 (updated June 7, 2023) Scattered a. Minimal invasive/nuisance plant management necessary to Brazilian restore and maintain native plant communities (<30%) 100 100 pepper; some lygodium 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 not compatible compatible with prescribed fire or parcel does not contain fire 20 20 with fire dependent plant communities b. Parcel contains fire dependent plant communities and is 0 incompatible with prescribed fire 3.2 - REMEDIATION AND SITE SECURITY 50 50 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 50 b. Moderate site remediation or human conflict issues predicted 20 (Please describe) 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 175 170 RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded 80 78 Points/Possible Points*80) Possible Awarded 4 - VULNERABILITY (20%) Comments Points Points 4.1 - ZONING AND LAND USE 130 75 4.1.1- Zoning and land use designation (Select the highest score) a. Zoning allows for Single Family, Multifamily, industrial or 100 commercial b. Zoning allows for density of no greater than 1 unit per 5 acres 75 33 M N 0 N m c c m E z Q Packet Pg. 632 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) C. Zoning allows for agricultural use /density of no greater than 1 unit Ag-MHO/FSA per 40 acres 50 50 and 500 ft buffer d. Zoning favors stewardship or conservation 0 4.1.2 - Future Land Use Type (Select the highest score) a. Parcel designated Urban 30 b. Parcel designated Estates, Rural Fringe Receiving and Neutral, 25 25 Primarily Open Agriculture in RLSA C. Parcel designated Rural Fringe Sending, Rural Lands Stewardship 5 Area d. Parcel is designated Conservation 0 4.2 - DEVELOPMENT PLANS 50 5 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 c. Parcel is >10 acres 5 5 d. Parcel is within 1 mile of a current or planned commercial or 5 multi -unit residential development VULNERABILITY TOTAL SCORE 180 80 VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 36 Q 34 Packet Pg. 633 26.A.7 Initial Criteria Screening Report Owner Names: Rosbough Enterprises, Ltd. 8. Additional Site Photos J Elevated, filled home site area in SW parcel Groundcover in Hammock Folio Numbers: 00053320009, 00053321105 Date: March 8, 2023 (updated June 7, 2023) Myrsine in Cabbage Palm Hammock Ditch along southern boundary a 35 Packet Pg. 634 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 00053321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) 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. Fieure 4 - CLIP4 Prioritv 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. Fieure 9 - Potential Habitat Richness CLIP4 Ma 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. 37 Packet Pg. 636 26.A.7 Initial Criteria Screening Report Folio Numbers: 00053320009, 00053321105 Owner Names: Rosbough Enterprises, Ltd. Date: March 8, 2023 (updated June 7, 2023) Figure 10 - 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 N highest priorities indicate high potential for recharge to springs or public water supplies. This figure N 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 as 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 E regulated under this section. o a 38 Packet Pg. 637 26.A.8 M Board of County Commissioners N 3299 East Tamiami Trail, Suite 800 ti Naples, FL 34112 (239) 252-8400 Application for Advisory Committees/Boards Name: Nicholas "Nick" Pearson Home Phone: 239-404-7982 Home Address: 2025 Monroe Ave. Zip Code: Business Phone: E-mail address: Nick@THAnaples.com Board or Committee Applied for: 34112 Land Acquisition Advisory Committee (Conservation Collier) Category (if applicable): Environmental/marine Consultant Example: Commission District, Developer, environmentalist, layperson, etc. How long have you lived in Collier County: 29 years How many months out of the year do you reside in Collier County: 12 Have you ever been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Yes No X If yes, explain: Place of Employment: Turrell, Hall & Associates, Inc. Do you or your employer do business with the County? Yes X No If yes, explain: My company has been involved in a multitude of development projects that are owned by or driven by the county, including the development of Baker park, maintenance and monitoring of Clam Bay, the artificial reef program, and others. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes No X If yes, explain: NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Packet Pg. 638 26.A.8 M Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If c yes, please list the committees/boards: N ti m c Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: - Marine Industries Association of Collier County (treasurer) - Florida Association of Environmental Professionals (general member) Education: - B.S. Marine Biology from Eckerd College - Permitted/Authorized gopher tortoise agent - Licensed real estate agent - Notary Public Experience: 6+ years experience in wetland delineations and permitting, vegetation restoration plans, compliance and enforcement assistance; listed species surveying, monitoring and permitting; marine construction design, permitting, engineering,and project management; and management of select collier county_ planning and zoning_ Please attach any additional information you feel pertinent. This application should be forwarded to WandaRodriguez(i ,colliergounet or by mail or in person to Wanda Rodriguez, County Attorney's Office, 3299 East Tamiami Trail, Suite #800, Naples, FL 34112. Thank you for volunteering to serve the citizens of Collier County. Packet Pg. 639 26.A.8 Applicant Supplemental Information Applicant Name: Nick Pearson Representation of Interests: Please explain your relationship with and business interests relating to the following topics. • Environmental and Conservation: I have lived in South Florida my entire life. In that time, I have enjoyed the outdoors through hunting, fishing, boating, hiking, kayaking, and almost every other way possible. I've also seen how our area has changed since I was a child growing up in Naples. The changes have cemented the importance in my mind of maintaining as much natural area as possible for the future. Through my work as an environmental consultant, I've gained an added appreciation for the acquisition of land for conservation purposes. In fact, I have come to the conclusion that land acquisition is one of the most complete ways of insuring conservation. • Agricultural and Business: My work relates strongly with evaluating vacant land and interacting with listed wildlife species in a responsible and legal manner. For this reason, I think I could add a valuable voice to the Land Acquisition Advisory Committee. • Educational: Education is the foundation of moving forward as a society. If we cannot make informed decisions now, such as being intentional about preserving Florida's natural habitats and acting as responsible stewards for the environment, then educating the future generations to act as such will become more and more difficult. Many of our county's residents depend on the environment for their livelihood as well. So in a sense, maintaining education about our environment maintains our overall well-being— and not just here, but all over Florida, the country, etc. • General Civic and Citizen: As citizens, and as humans, I believe we all have a responsibility to do the right thing and give an honest effort at making the world a better place. Aiding in furthering Conservation Collier's mission is one way that I'd like to fulfil that responsibility. Individual Member Expertise, Knowledge or Interest: Please elaborate on any experience, knowledge or interest you have in the following subjects. • Ecology: - B.S. in Marine Biology (Eckerd College, 2013) Packet Pg. 640 26.A.8 M 6+ years of experience in marine and environmental consulting which includes wetland c delineations and permitting; listed species surveys, monitoring, and permitting; marine N� construction permitting and project management; and benthic surveys; • Conservation: Through my work I've been involved with numerous conservation projects, including implementing re -planting plans, listed species relocations, and coordinating mitigation payments for projects. • Real Estate or Land Acquisition: - Licensed real estate associate (2017) • Land Appraisal: Professionally, I don't have experience in land appraisal by strictly the traditional definition. But this subject is integral to acquiring land and so I would consider this a very important topic. I would also add that my consulting background and professional experience in real estate allows me a unique perspective in at least partially valuing certain properties. • Land Management: I've participated in implementing numerous exotic vegetation removal projects, replanting plans, and other restoration projects through my work over the past 6 years. Maintaining proper balance in any habitat is key to its longevity. People have inadvertently affected most of the natural habitats throughout south Florida in some way (however minute). And so it is our responsibility to try to curb those effects where possible. • Eco-Tourism: Eco-tourism opportunities like hiking, kayaking, fishing, hunting etc. are vital to bolstering interest in Conservation Collier's primary mission, and by extension, helping to keep the program running. Of course, activities such as these are all reasons that I want to be involved as well. • Environmental Education: Much of the environmentally -related education that I have has come from a combination of traditional schooling, my college career, and professional experience. But, quite a bit of my "education" has come from simply being out in nature as well. And the latter probably did more to also instill an appreciation for the environment. So, helping to provide the same or similar opportunities to experience nature is a definite interest of mine, and why I have submitted an application to the Conservation Collier Land Acquisition Advisory Committee. Packet Pg. 641 26.A.9 7/ Panther Walk Preserve Multi -Parcel Project Land Management Plan r Aj Managed by: Collier County, FL Conservation Collier Program April 2023 - April 2028 10-year update Prepared by: Collier County Conservation Collier Staff CON -ERA(ATIOiV C.YDLLIER ti E 0 U N a 0 N .3 V Q C 0 J O O co LO N Packet Pg. 642 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Table of Contents a� c Land Management Plan Executive Summary............................................................................. 5 Introduction................................................................................................................................ 6 a� E ParcelDescription...................................................................................................................... 7 0 1. Location.............................................................................................................................. 7 U it, 1.1. Description.................................................................................................................. 7 0 Figure 1.1.1. Overview map and surrounding conservation areas ................................... 8 Q Figure 1.1.2. 2022 Aerial close-up................................................................................... 9 c N 2. Physiography.....................................................................................................................10 2.1. Description..................................................................................................................10 Q c Figure 2.1.1. Topographical Map (LIDAR)......................................................................11 J Figure 2.1.2. Aquifer Map (CLIP4 Aquifer Priority Map)..................................................12 c Figure 2.1.3. Hydric Soils Map (Collier County Soils Survey)..........................................13 co N 3. Historical Land Use...........................................................................................................15 3.1. Description.................................................................................................................15 a Photoset 3.1.1. Historical Aerial Imagery........................................................................16 a� E 4. Adjacent Land Use............................................................................................................19 c 4.1. Description..................................................................................................................19 5. Acquisition and Expansion.................................................................................................19 J 5.1. Acquisition Description................................................................................................19 Table 5.1.1. Acquired Parcel Attributes...........................................................................19 D 5.2. Potential Preserve Expansion.....................................................................................22 0 Management.............................................................................................................................22 r 6. Vegetation Management....................................................................................................22 as i 6.1. Current Vegetative Community Conditions..................................................................22 a Figure 6.1.1. Florida Cooperative Land Cover Classification System Map......................25 Table 6.1.2. Threatened and Endangered Plant Species................................................26 t 6.1.3. Vegetation Management Concerns.......................................................................26 6.2. Desired Future Conditions...........................................................................................26 a 6.3. Management Tools.....................................................................................................26 00 6.3.1. Invasive Plant Removal........................................................................................26 c 6.3.2. Native Plant Restoration.......................................................................................26 E 2 Packet Pg. 643 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 6.3.3. Prescribed Fire.....................................................................................................26 a� 6.3.4. Hydrological Restoration.......................................................................................27 c Photoset 6.3.5 Vegetation Management Concerns.........................................................27 r 6.4. Partnership Opportunities............................................................................................28 w E E 7. Wildlife Management.........................................................................................................29 0 7.1. Current Wildlife Community Conditions.......................................................................29 0 y Table 7.1.1. Observed Threatened and Endangered Wildlife Species ............................29 Table 7.1.2. Potential Threatened and Endangered Species..........................................29 c 0 Table 7.1.3. Other Observed Wildlife Species................................................................30 y .3 7.1.4. Wildlife Management Concerns............................................................................31 Q 7.2. Desired Future Conditions...........................................................................................33 7.3. Management Tools.....................................................................................................33 c �a _J 7.3.1. Habitat Improvements...........................................................................................33 co 7.3.2. Connectivity..........................................................................................................33 7.3.3. Monitoring.............................................................................................................33 c f° a 7.4. Partnership Opportunities............................................................................................33 8. Recreation Management...................................................................................................34 8.1. Current Recreational Opportunity Conditions..............................................................34 Figure8.1.1. Visitor trail..................................................................................................35 Photoset 8.1.2 Visitor Trail..............................................................................................36 c a� 8.2. Desired Future Conditions...........................................................................................37 r Table 8.2.1. Compatible Recreational Activities..............................................................37 a D 8.3. Management Tools.....................................................................................................37 c r 8.3.1. Access Improvements..........................................................................................37 8.3.2. Amenity Installation/Enhancement........................................................................37 N 8.4. Partnership Opportunities............................................................................................37 a� a 9. Preserve Safety and Security Management.......................................................................37 9.1. Current/Predicted Human Conflict Conditions.............................................................37 a� t Photoset 9.1.1: Site Security Issues...............................................................................38 a 9.2. Desired Future Conditions...........................................................................................39 '. 9.3. Management Tools.....................................................................................................39 9.3.1. Site Security Improvements..................................................................................39 a� 9.3.2. Debris Removal....................................................................................................39 E r 3 Packet Pg. 644 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 9.4. Partnership Opportunities............................................................................................39 10. Budget.............................................................................................................................39 11. Appendix.............................................................................................................................40 Photoset 11.1: Representative Site Photos....................................................................40 Table 11.2. Legal Description.........................................................................................42 Table 11.3 Panther Walk Preserve Plant List.................................................................43 11.4. Public Meeting Comments and Staff Responses...................................................48 ►.I Packet Pg. 645 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Land Management Plan Executive Summary Lead Agency: Conservation Collier Program, Parks & Recreation Division, Collier County Public Services Department Properties included in this Plan: Panther Walk Preserve Multi -Parcel Project Area consists of 296 parcels (599.7-acres) that follow the historic flow way of the Horsepen Strand. Parcels are in the North Golden Gate Estates, east of Everglades Blvd, between Immokalee Rd and 56t" Ave NE. To date, 16 parcels (30.7-acres) have been acquired (Table 5.1.1 and Figure 5.1.2). Full legal descriptions are provided in the appendix (Table 12.2). Total Acreage: 599.7 Management Responsibilities: Collier County Conservation Collier Program staff Designated Land Use: Preservation and Recreation Unique Features: The project area covers the upper stretches of the Horsepen Strand which protects water resources and provides habitat/corridors for wildlife and plants. Desired Future Conditions: Vegetation: A preserve with a matrix of high -quality strand forest, marshes, and flatwoods with mixed age stands, a diverse understory, and less than 10% infestation of non-native vegetation. Wildlife: A preserve with the appropriate vegetative communities, resource use, and connectivity to support wildlife species native to that habitat. Recreation: A preserve with the amenities required for the public to safely engage in passive natural resource -based recreation Preserve Safety and Security: A preserve free of littering, dumping, illicit activities, neighbor disturbances, unauthorized vehicles, and after-hours trespass. Public Involvement As part of the Land Management Plan Update drafting process, a public meeting was held on May 11t", 2023 to gather input from members of the public and preserve stakeholders. 5 Packet Pg. 646 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Introduction Panther Walk Preserve Multi -Parcel Project Area consists of 296 parcels (599.7-acres) that follow the historic flow way of the Horsepen Strand in the Northern Golden Gate Estates. To date, 16 parcels (30.7-acres) have been acquired (Table 5.1.1 and Figure 5.1.2). It is largely comprised of cypress forests, marshes, and pine flatwoods. The 10.69-acre "core" preserve was acquired between 2007-2014. The Panther Walk Preserve Multi -Parcel Project Area was approved on 2/28/2023, since then 21.16 acres have been acquired. Acquisitions in this area have been purchased with funds from the Conservation Collier acquisition fund or received as donations. County holds fee simple title. The "core" preserve contains a seasonal hiking trail. This trail will be extended where feasible as more continuous parcels are acquired. The Conservation Collier Program manages this parcel under authority granted by the Conservation Collier Ordinance 2002-63, as amended. Conservation, restoration, and passive public recreation are the designated uses of the property. Management activities allowed are those necessary to preserve and maintain this environmentally sensitive land for the benefit of present and future generations. Public use of this site must be consistent with these goals. Conservation Collier: Land Acquisition Program and Management Authority The Conservation Collier Program was originally approved by voters in November 2002 and subsequently confirmed in the November 2006 by ballot referendum. On November 3, 2020, the Collier County electors approved the Conservation Collier referendum with a 76.5% majority which reestablished the acquisition portion of the Program. These voter -approved referendums enable the program to acquire environmentally sensitive lands within Collier County, Florida (Ordinance 2002-63, as amended). Properties must support at least two of the following qualities to qualify for consideration: rare habitat, aquifer recharge, flood control, water quality protection, and listed species habitat. The BCC appointed Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to consider any selected or nominated properties that an owner has indicated a willingness to sell. The committee recommends property purchases for final approval by the BCC. Lands acquired with Conservation Collier funds are titled to "COLLIER COUNTY, a political subdivision of the State of Florida, by and through its Conservation Collier program." The Board of County Commissioners of Collier County (BCC) established the Conservation Collier Program to implement the program and to manage acquired lands. As such, Conservation Collier holds management authority for the HHH Ranch Preserve. Purpose and Scope of Plan The purpose of the interim plan is to provide management direction for the Panther Walk Preserve Multi -Parcel Project Area by identifying the desired future conditions of each element and the appropriate tools to achieve these conditions. This plan seeks to balance natural resource conservation (listed species protection, habitat restoration, and invasive species management) with outdoor recreational and education use. This plan is divided into sections that include an introduction, parcel description, management element conditions, objectives, and potential tools, n Packet Pg. 647 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 and a projected budget. This plan will be updated on a five-year cycle, with the next update due in 2028. Plan Year Approved by Board of County Commissioners Interim Management Plan - Oetting Parcels 2007 Interim Management Plan - Freitas Parcels 2008 Final Management Plan 2010 Final Management Plan 5-year Update 2015 Final Management Plan 10-year Update 2023 Parcel Description 1. Location 1.1. Description Panther Walk Preserve Multi -Parcel Project Area consists of 296 parcels (599.7-acres) that follow the historic flow way of the Horsepen Strand. Parcels are in the North Golden Gate Estates, east of Everglades Blvd, between Immokalee Rd and 56t" Ave NE. To date, 16 parcels (30.7-acres) have been acquired (Table 5.1.1 and Figure 5.1.2). Full legal descriptions are provided in the appendix (Table 12.2). III Packet Pg. 648 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Miles Panther Walk Preserve (Project Area) Managed Conservation Areas Other Conservation Areas Figure 1.1.1. Overview map and surrounding conservation areas N OR CON ATION ft R County i Packet Pg. 649 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Panther Walk Preserve (Acquired) Collier County Soil and Water Conservation District Panther Walk Preserve (Project Area) Other Conservation Areas Figure 1.1.2. 2022 Aerial close-up Miles 9 CONifiWATION LLIER County i Packet Pg. 650 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 2. Physiography 2.1. Description LIDAR and Surface Waters A Light Detection and Ranging (LIDAR) map provides information about the elevation of the Earth's surface. The topographical map of the Preserve (Figure 2.1.1) indicates surface features of lower elevation in deepening shades of blue. These parcels fall within or are adjacent to the northern reaches of the Horsepen Strand. Strands are a type of forested swamp that form slow flowing, linear drainage channels across flatlands with high water tables. The Horsepen Strand begins at Immokalee Rd in the Northern Golden Gate Estates and flows south into the North Belle Meade area located north of I-75 (Figure 2.1.4). The deepest sections of the strand are indicated by the light yellow to blue areas in Figure 2.1.1. These sections retain water until the driest parts of the year, February -May. All but the highest elevation areas experience some surface water ponding during the peak of the wet season. Water once flowed uninterrupted from north to south. East -west roadside swales now divert water into the Golden Gate Canal to the west. Reconnecting the Horsepen Strand has been proposed to improve stormwater treatment, flood protection, water quality treatment, habitat restoration, and wetland rehydration. This potential project was named the Horsepen Strand Conservation Area by the Collier Soil and Water Conservation District. Aquifer Recharge Potential The preserve is within a Priority 4 and 5 CLIP4 Aquifer Recharge designation and not within the protection zone of the Collier County Utilities Golden Gate Wellfield (Figure 2.1.2). The preserve protects portions of the surficial aquifer that are sensitive to contamination. Soils There are 9 soil types mapped within the project area (Figure 2.1.3). Soils present are various types of fine sands. 7 out of 9 soil types were hydric, one of which is depressional. A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). Hydric soils are found within the trough of the Horsepen Strand, with depressional, hydric soils found in marshes. Drier soils are found around the edges of the strand and are predominant in the surrounding area (Figure 2.1.3). 10 Packet Pg. 651 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Panther Walk Preserve (Project 0 Area) High : 104.644 - Low: -4.11745 Figure 2.1.1. Topographical Map (LIDAR) Miles 11 CON E- ATION 4 LLIEIt County == 12 Packet Pg. 652 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Miles Area) CLIP4 Aquifer Recharge - Priority 1- HIGHEST - Priority 2 - Priority 3 Q Priority 4 0 Priority 5 0 Priority 6 Figure 2.1.2. Aquifer Map (CLIP4 Aquifer Priority Map) 12 CON TION LLIER County r 12 Packet Pg. 653 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Hantner WeIK rreserve (rro)ectArea) Hydric Soils Soil Type BASINGER FINE SAND BOCA, RIVIERA, LIMESTONE - SUBSTRATUM AND COPELAND FS, DEPRESSIONAL CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL HOLOPAW AND OKEELANTA SOILS, DEPRESSIONAL Miles IMMOKALEE FINE SAND MALABAR FINE SAND OLDSMAR FINE SAND OLDSMAR FINE SAND, LIMESTONE SUBSTRATUM PINEDA AND RIVIERA FINE SANDS RIVIERA, LIMESTONE SUBSTRATUM - COPELAND FINE SAND - WABASSO FINE SAND - WATER Figure 2.1.3. Hydric Soils Map (Collier County Soils Survey) 13 CONJbWATION LLIER County i Packet Pg. 654 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 RaAD ' CORKSCREW ROAD cR Ba fI. ,Or Q TA CH Fin R. U TRH RL7 WELL RD 1 �•� a _ � E Im LEE RW R 846 T 'h_-I_I.LaJ MMOMEE. RWCR04r. • •_ . . 5T- EST Da 41 V AD LU IE ~• x a, LE.%` 8 6L-1/`-A i�I� w ' �...r• N:• 4A y4�i•14' Y� e O TH : ._ .way •O rx rw •.. _ ' - -P'•�w;� . x t •Y'. •Yn�,' ��.� l r:�-.:�` r'• �aF.n '}F� KY�. �`w' _ ~' Ir ti^•A�• he. :1Ar.�-.mow i .•L ryti Y� �i n AC�" L ,' � i' ;�' rC r,�•u+~ �.:�'1...M1w n^�.:a^«Yr- I^ !� • ^ - � - -i w��L K � r wL a'� � �A tir a+w~ �y •�: 0. ~ tl M '.... on . ",. _ :_. 'r _ "_ .>'. •_ . PROJECT 6�LIHDARY - 21135.25 .n.q• nor1E YN Wp s . 12611OD Location Map 8ia[uEnr.l Reaerco6.lnocialo n p•r•.�y. rs0•m19. aw�a.rylro •ny ol.nw n•1my .r..-1ata..a [-.vr, NlrJ Horsepen Strand Conservation Area •�+� pHr.d. �x.`Ari 1 rnr w• Cna °n N° m•p mnN nr Z 1 . m.p— nd _ x .—Y d.,. wpl p�O�W 1 !� V! 3'1i IY.I! Fa V y! 375 n111 -n.p,° Id°wproq... 1 Collier County Floridaw"� ran G1.. pr•p.rp a].Ittrlf•q wMMr, wn.y M1IkI O q lIw rn Figure 2.1.4. Horsepen Strand Conservation Area 14 Packet Pg. 655 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 3. Historical Land Use 3.1. Description Between the 1940's and 1960's the area was logged, canals were dug, roads were cut, and 1 '/4- 5 acres lots were platted to create the Golden Gate Estates, the world's largest subdivision. The Gulf American Corporation, folded in the 1970's before completion of utilities. There was virtually no development around the preserve until the late 1990's (Photoset 3.1.1). There are still very few homes directly within the Horsepen Strand but development of the drier lots surrounding the strand has increased significantly. 15 Packet Pg. 656 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Photoset 3.1.1. Historical Aerial Imagery 113708-30si9 Value High : 194 Low: 0 1973 Aerial Imagery Miles 16 CONJUWATION LLIER i Packet Pg. 657 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 January 1995 Aerial Imagery liVA Packet Pg. 658 A 4 I r..l - r, dp %, Y- ,t r. r, - f � Y 't ■ �.* �• Image 2023 Maxar�Terhnologies 7 r 2432 ft ' " ;' & 4 Rt i� r1 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 4. Adjacent Land Use 4.1. Description d The project area lies fully within the Northern Golden Gate Estates subdivision. This low -density residential area is comprised of single-family homes on 1 '/4-5 acres lots. Approximately 50% of the lots in the area surrounding the preserve are vacant, but the area is experiencing increasing development pressure. Just south of the visitor trail is Estates Elementary School. The land on the north side of Immokalee Road is a mixture of agricultural lands and conservation easements. The easement connects the Horsepen Strand to the Corkscrew Regional Ecosystem Watershed (Figure 1.1.1). Land west of the preserve between Golden Gate Main Canal and Immokalee Road is currently agricultural but is slated for development of the Immokalee Road Rural Village community. 5. Acquisition and Expansion 5.1. Acquisition Description The Oetting properties were nominated for acquisition in 2005 and purchased in 2007. The Freitas properties were nominated in 2007 and purchased in 2008. The Tuscany Pointe properties were donated for offsite mitigation in 2013. The Stebbins parcels was donated one year later in 2014. Conservation Collier began targeting the greater Horsepen Strand area during Acquisition Cycle 10 in 2021. The Panther Walk Preserve Expansion Area (areas immediately adjacent to existing preserve) was approved for acquisition by the Board of County Commissioners (BOCC) 1/25/2022. Properties within the Panther Walk Preserve Multi -Parcel Project Area (area following the Horsepen Strand) were approved for acquisition by the BOCC on 2/28/2023 (Figure 5.1.2). Table 5.1.1. Acquired Parcel Attributes Seller Folio(s) Acreage Price Acquisition Date Oetting 38847040004, 38847080006 1.14, 1.14 $50,000 6/11/2007 Freitas, Virginia J 38847240008 2.27 $43,200 7/14/2008 Tuscany Pointe (Lynx Zuckerman at Naples LLC) 38845720009, 38845680000 2.27, 2.73 Donation 12/20/2013 Stebbins, Barry S 38847200006 1.14 Donation 5/7/2014 Selvig, Maribeth 39150640006 1.14 Donation 9/26/2022 Burns, Sandra 38848880001 1.14 $30,000 1/30/2023 Johnson, Tim R 38845560007 1.14 $30,000 1/30/2023 Meyer Trust 38848720006 1.59 $72,000 1/30/2023 Sanchez, PS & NE 39143120009 2.73 $63,000 1/30/2023 Thommen, William F 38843200000 5.00 $100,000 1/30/2023 Wright, David 39151800007 1.14 $30,000 1/30/2023 19 Packet Pg. 660 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Zhuang, Joseph 38844800001 2.73 $63,000 1/30/2023 Aguilar, Jorge 39151960002 1.14 $40,000 2/13/2023 Pena, John 38846440003 2.27 $52,000 2/13/2023 RE i Packet Pg. 661 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Year Acquired 2007 2008 2013 2022 2023 Panther Walk Preserve (Project Area) Figure 5.1.2. Parcel Acquisition History Miles 21 a CONI&WATION L L I E R COT4-LY 12 Packet Pg. 662 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 5.2. Potential Preserve Expansion The 296 parcels within the Panther Walk Preserve Multi -Parcel Project Area are approved for purchase as they become available. Parcels adjacent to the project area must be evaluated and approved on an individual basis before acquisition. w Management 6. Vegetation Management 6.1. Current Vegetative Community Conditions The following are the Florida Land Cover Classification System habitats identified (Figure 6.1.1). Non-native species are denoted with an *. Plant communities identified statewide under this cooperative land cover system partially rely on aerial imagery for plant community classification. The native plant communities are remarkably intact throughout the project area. Most invasive plant infestations are relegated to the roadsides and edges of developed lots. Although not old growth, the cypress trees present are relatively large for the area. Plant communities are listed below in order of most to least common. Representative photos can be found in Photoset 11.1. A botanical inventory of the "core" preserve was completed in 2021 (Table 11.3.). 2211 Cypress — Dominated entirely by cypress, or species is important in the canopy: long hydroperiod. Notes: Includes areas labeled as 2213 Isolated Freshwater Swamps. The deepest sections of the strand are almost exclusively cypress or willow, other hardwoods can be found near ecotonal areas. Numerous listed epiphytes are found in this habitat. Major Canopy Components: Bald cypress (Taxodium distichum), and laurel oak (Quercus laurifolia) Major Midstory Components: Strangler fig (Ficus aurea), coastal plain willow (Salix caroliniana), dahoon holly (Ilex cassine), and cabbage palm (Saba) palmetto) Major Understory Components: Swamp fern (Telmatoblechnum serrulatum), bull tongue arrowhead (Sagittaria lanrifolia), maidencane (Panicum hemitomon), sawgrass (Cladium jamaicense), pickerel weed (Pontederia cordata), alligator flag (Thalia geniculata), and other submerged aquatic vegetation 1311 Mesic Flatwoods — Flatland with sand substrate; mesic; statewide except extreme southern peninsula and Keys; frequent fire (2-4 years); open pine canopy with a layer of low shrubs and herbs; longleaf pine and/or slash pine, saw palmetto, gallberry, dwarf live oak, wiregrass Notes: This community is being invaded by hardwoods due to fire suppression. Major Canopy Components: Slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), laurel oak (Quercus laurifolia), melaleuca* (Melaleuca quinquenervia), and Brazilian pepper* (Schinus terebinthifolius). Major Midstory Components: Cabbage palm (Saba/ palmetto), melaleuca* (Melaleuca quinquenervia), myrsine (Myrsine cubana), Brazilian pepper* (Schinus terebinthifolia) W� Packet Pg. 663 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Major Understory Components: Saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), gallberry (Ilex glabra), swamp fern (Telmatoblechnum serrulatum), grapevine (Vitis spp.), greenbriar (Smilax spp.), poison ivy (Toxicodendron radicans), rusty lyonia (Lyonia , ferruginea), r w E 22211 Hydric Pine Flatwoods — Forest with sparse to moderate canopy of slash pine. The 0 understory is grasses, wiregrass, forbs, and at times with sparse saw palmetto. it, Notes: This habitat occurs at the margins of the strand and includes open wet prairies between stands of pines. It has the highest infestation of melaleuca. Q Major Canopy Components: Slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), laurel o oak (Quercus laurifolia), melaleuca* (Melaleuca quinquenervia) N Major Midstory Components: Cabbage palm (Sabal palmetto), wax myrtle (Myrica cerifera) Major Understory Components_ Sawgrass (Cladium jamaicense), broomsedge (Andropogon Q spp.), swamp fern (Telmatoblechnum serrulatum), wiregrass (Aristida stricta), various rushes and sedges _J 2112 Mixed Scrub -Shrub Wetlands — Wetlands that are dominated by woody vegetation less than 20ft in height. This can occur in many situations, but in most cases involves transitional or disturbed communities on hydrologically altered sites. Persistent examples of shrub wetlands include shrub bogs and willow swamps. Major Canopy Components: Coastal plain willow (Salix caroliniana) Major Midstory Components: Coastal plain willow (Salix caroliniana), wax myrtle (Myrica cerifera), and buttonbush (Cephalanthus occidentalis) Major Understory Components: Swamp fern (Telmatoblechnum serrulatum), sawgrass (Cladium jamaicense), alligator flag (Thalia geniculata), and other emergent plants 2120 Marshes — Long hydroperiod; dominated by grasses, sedges, broadleaf emergents, floating aquatics, or shrubs. (FNAI) Notes: Due to their open nature, these plant communities are at risk of destruction by offroad vehicles Major Canopy Components: Coastal plain willow (Salix caroliniana) Major Midstory Components: Coastal plain willow (Salix caroliniana) Major Understory Components: Swamp fern (Telmatoblechnum serrulatum), bull tongue arrowhead (Sagittaria lancifolia), maidencane (Panicum hemitomon), sawgrass (Cladium jamaicense), pickerel weed (Pontederia cordata), alligator flag (Thalia geniculata), and other submerged aquatic vegetation 18212 Residential Low Density - Structures within low intensity urban areas. 18312 Rural Open Pine - Rural Open but with scattered to dense pines. Notes: Homes in this subdivision have varying levels of native vegetation remaining on the lots. 23 Packet Pg. 664 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Most lots have a significant portion where the understory is mowed but the mature pines and cabbage palms remain. 9zI Packet Pg. 665 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Land Cover Canal Citrus Cultural - Lacustrine Cypress Cypress/Tupelo(incl Cy/Tu mixed) Fallow Cropland Hydric Pine Flatwoods Improved Pasture Institutional Irrigated Cropland Isolated Freshwater Swamp Low Intensity Urban Marshes Mesic Flatwoods Miles Ornamentals Palmetto Prairie Quarry Pond Residential, Low Density Rural Open Rural Open Pine - Rural Structures Sand & Gravel Pits Scrub Scrubby Flatwoods Shrub and Brushland Transportation Unimproved/Woodland Pasture Urban Open Land CoNifiWATION LLIER Canty Figure 6.1.1. Florida Cooperative Land Cover Classification System Map 25 i Packet Pg. 666 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Table 6.1.2. Threatened and Endangered Plant Species Common Name Scientific Name Protection Status Hand fern Cheiroglossa palmata State Endangered Stiff -leaved wild -pine, Cardinal airplant Tillandsia fasciculata State Endangered Fuzzy-wuzzy air plant Tillandsia pruinosa State Endangered Giant air plant Tillandsia utriculata State Endangered Reflexed wild -pine, Northern needleleaf Tillandsia balbisiana State Threatened 6.1.3. Vegetation Management Concerns Compared to other unmanaged natural areas, the project area has a low (<30%) infestation of invasive plant species. Most infestations are found along the roadsides with Brazilian pepper colonizing the berm and West Indian marsh grass (Hymenachne amplexicaulis) and torpedo grass (Panicum repens) growing within the swales (Photoset 6.3.5). Melaleuca can be found in the flatwoods habitats. Old-world climbing fern (Lygodium microphyllum) is found sporadically throughout the area (Photoset 6.3.5). Drainage and fire suppression has allowed hardwoods and palms to proliferate which is shifting the balance in some areas from flatwoods to hammocks. Offroad vehicle use has damaged vegetation in many parts of the project area, especially the open prairies present between habitat types. 6.2. Desired Future Conditions A preserve with a matrix of high -quality strand forest, marshes, and flatwoods with mixed age stands, a diverse understory, and less than 10% infestation of non-native vegetation. 6.3. Management Tools 6.3.1. Invasive Plant Removal The "core" preserve has received annual treatments for FISC (Florida Invasive Species Council) Category I & II species since acquisition. Herbicidal treatment will be extended to new parcels as they are acquired with preference towards those with contiguous boundaries. Mechanical removal may be used along roadsides to improve aesthetics. 6.3.2. Native Plant Restoration If necessary, native plantings will be utilized following the reduction of non-native and invasive species by chemical and mechanical means. However, this need is not expected based on the low infestation rates and diverse available seed source. Native cabbage palms and other overgrown vegetation may be thinned to promote more diverse growth and to protect habitat from catastrophic wildfire. 6.3.3. Prescribed Fire Plant communities within this preserve are dependent on varying fire return intervals; prescribed fire will be an important land management tool for the flatwoods present on this preserve. Before 0 Packet Pg. 667 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 prescribed fire can be implemented, land managers will survey the property to design management zones. These management zones will require the installation of firebreaks around their perimeter that act as control lines for the safe application of prescribed fire. Fuel reduction of cabbage palms (Saba) palmetto) and melaleuca (Melaleuca quinquenervia) may also be necessary before prescribed fire can be applied to the preserve. 6.3.4. Hydrological Restoration The construction of roads, ditches, and canals has interrupted the natural flow of water through the Horsepen Strand. These interruptions have altered the hydroperiod and therefore the distribution/composition of plant communities. Despite this, little mixture of species from disparate communities (i.e., young saw palmetto growing amongst mature cypress) has been observed, suggesting that these alterations may not be reshaping the present communities to a large degree or that the alterations happened long enough ago that the plant communities have already fully shifted. The onsite flow cannot be restored to its pre -development state. The preserve must be managed to benefit the vegetative communities most suited for its current and future conditions. As land has become more expensive, development of wetland lots has increased (Photoset 6.3.5). Homes are built several feet above grade which requires large amounts of fill. This fill displaces water and forces it into the strand and other drainage ways. Minor changes, such as the installation of additional culverts, may restore some of the strand's previous function. Photoset 6.3.5 Vegetation Management Concerns Old world climbing fern (Lygodium microphyllum) growing within the center of the Horsepen Strand 27 Packet Pg. 668 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Typical Brazilian pepper (Schinus terebinthifolius) growth along the roadside swale Construction within Horsepen Strand 6.4. Partnership Opportunities Conservation Collier will continue to seek funding assistance from the Florida Fish and Wildlife Conservation Commission (FWC) Upland Invasive Exotic Plant Management Program. This M Packet Pg. 669 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 program has been critical in conducting initial, and otherwise cost prohibitive, invasive plant removal projects over the past 20 years. Revegetation needs are expected to grow as invasive vegetation is removed, and Conservation Collier intends to cultivate a lasting partnership with Growing Climate Solutions to meet those needs when feasible. Like other Conservation Collier preserves implementing prescribed fire, management partnerships will continue to exist within the prescribed fire realm. In conducting prescribed burns, Conservation Collier will continue its partnerships with the Florida Forest Service, U.S. Fish and Wildlife Service, FWC, Greater Naples Fire Department, South Florida Water Management District, and the Florida Department of Environmental Protection. Staff will seek opportunities to partner with researchers from higher education institutions to enhance conservation efforts of the native plant communities found on the preserve. 7. Wildlife Management 7.1. Current Wildlife Community Conditions The low -density residential development pattern of the Northern Golden Gate Estates is compatible with the habitat needs of many species. Wildlife currently thrives in the Estates because they can travel relatively uninhibited throughout the neighborhood and into the nearby Corkscrew Regional Ecosystem Watershed. The high -quality habitats present in the project area and the surrounding undeveloped lots provide the necessary refugia and foraging grounds for "urban" wildlife (Tables 7.1.1. and 7.1.3). The project area represents not only the flowway of the Horsepen Strand, but also a corridor that connects the interior of the Estates to the larger conservation and agricultural areas to the north. This connection allows wide ranging species such as the endangered Florida Panther and Florida black bear to utilize this area as a part of their greater territories. Wetlands of varying depths provide habitat and foraging grounds for a variety of both aquatic and terrestrial species including several listed species of wading birds. Table 7.1.1. Observed Threatened and Endangered Wildlife Species Type Common Name Species Protection Status Mammals Florida panther Puma concolor coryi Federally Endangered Birds Little blue heron Egretta caerulea State Threatened Florida sandhill crane Antigone conadensis pratensis State Threatened Table 7.1.2. Potential Threatened and Endangered Species Type Common Name Species Protection Status Mammals Big Cypress fox squirrel Sciurus niger avicennia State Threatened Everglade's mink Neovison vison evergladensis State Threatened Florida bonneted bat Eumops floridensis Federally Endangered Birds Audubon's crested caracara Polyborus plancus audubonii Federally Threatened Everglade's snail kite Rostrhamus sociabilis plumbeus Federally Endangered Roseate spoonbill Platalea ajaja State Threatened 9 Packet Pg. 670 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Tricolored heron Egretta tricolor State Threatened Wood stork Mycteria americana Federally Threatened Reptiles American alligator Alligator mississippiensis Federally Threatened SA Eastern indigo snake Drymarchon corais couperi Federally Threatened Gopher tortoise Gopherus polyphemus State Threatened Table 7.1.3. Other Observed Wildlife Species Type Common Name Species Mammals nine -banded armadillo Dasypus novemcinctus eastern gray squirrel Sciurus carolinensis raccoon Procyon lotor Virginia opossum Didelphis virginianus North American river otter Lontra canadensis white-tailed deer Odocoileus virginianus marsh rabbit Sylvilagus palustris Florida black bear Ursus americanus floridanus bobcat Lynx rufus cat Felis catus Reptiles black racer Coluber constrictor chicken turtle Deirochelys reticularia brown anole Anolis sagrei Amphibians southern leopard frog Lithobates sphenocephalus squirrel tree frog Hyla squirrella Cuban tree frog Osteopilus septentrionalis Birds great blue heron Ardea herodias great egret Ardea alba green heron Butorides virescens American bittern Botaurus lentiginosus white ibis Eudocimus albus limpkin Aramus guarauna belted kingfisher Megaceryle alcyon anhinga Anhinga anhinga black -bellied whistling -duck Dendrocygna autumnalis wild turkey Meleagris gallopavo red -shouldered hawk Buteo lineatus Cooper's hawk Accipter cooperii swallow-tailed kite Elanoides forficatus black vulture Coragyps atratus turkey vulture Cathartes aura American crow Corvus brachyrhynchos blue jay Cyanocitta cristata 30 i Packet Pg. 671 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 red -bellied woodpecker Melanerpes carolinus pileated woodpecker Dryocopus pileatus downy woodpecker Dryobates pubescens yellow -bellied sapsucker Sphyropicus varius yellow-rumped warbler Dendroica coronata pine warbler Setophaga pinus northern parula Setophaga americana blue -gray gnat catcher Polioptila caerulea northern mockingbird Mimus polyglottos gray catbird Dumetella carolinensis mourning dove Zenaida macroura common ground dove Columbina passerina northern cardinal Cardinalis cardinalis white -eyed vireo Vireo griseus great crested flycatcher Myiarchus crinitus tree Swallow Tachycineto bicolor common grackle Quiscalus quiscula Insects queen butterfly Danaus gilippus Zebra Longwing butterfly Heliconius charitonius Phaon crescent butterfly Phyciodes phaon Red imported fire ant Solenopsis invicta 7.1.4. Wildlife Management Concerns Increasing development within and around the project area may stretch the tolerances of some species currently utilizing the area. The associated increase in vehicular traffic will have an undoubtedly negative impact on wildlife. Roads are spaced every quarter mile, which means all, but the narrowest ranging species, make crossings on a somewhat regular basis. In this neighborhood, most lots are developed in such a way that a portion, usually the back third, retains its native vegetation. However, the narrow width of the lots leaves little room for animals to move between homes. There are several bottlenecks within the project area that could be jeopardized by development. Lots within the project area are typically less desirable for building due to the wetlands present, but there is no guarantee of protection unless acquired. There are human/wildlife conflicts in the neighborhood such as wildlife getting into trash and predation of pets and hobby livestock. Protecting space for wildlife may be interpreted by the public as inviting these conflicts. This project aims to conserve wildlife and habitat already present. It is unlikely that any management activities on the preserve will increase the amount of wildlife in the area. 31 Packet Pg. 672 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Panther Walk Preserve (Project Area) Bald Eagle Nests Q Florida Panther Mortality Q Florida Panther Telemetry Black Bear Telemetry Florida Panther Focus Area Primary Secondary Dispersal North Area Thatcher Figure 7.1.5 — Wildlife Spatial Data Miles 32 CON -Er TION LLIER 12 Packet Pg. 673 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 7.2. Desired Future Conditions A preserve with the appropriate vegetative communities, resource use, and connectivity to support wildlife species native to that habitat. 7.3. Management Tools 7.3.1. Habitat Improvements Treatment and removal of invasive plant species, primarily melaleuca, Brazilian pepper, and old- world climbing fern, will promote growth of native species that provide natural forage and cover for wildlife. Restoring fire to the landscape where feasible will increase diversity in the understory and benefit pine flatwood species. 7.3.2. Connectivity Not all parcels within the area need to be acquired for the benefits of this project to be realized. Creating a protected, contiguous north/south corridor will be the most beneficial for wildlife. If this is achieved a wildlife underpass should be considered on Immokalee Road west of Everglades Boulevard (Figure 1.1.1.). This would provide a safer connection between the project area and the conservation easement to the north which connects to CREW (Figure 7.1.5). Currently, wildlife freely moves through and between the developed lots. Maintaining gaps between homes will allow this movement to continue. A less ideal, but more realistic corridor maybe a meandering or steppingstone pattern of acquisition. Although habituated to human presence, wildlife will benefit from areas sheltered from human encroachment for many parts of their lifecycle. Isolated parcels acquired within the project area can provide these important refugia. 7.3.3. Monitoring Conservation Collier staff will continue to partner with the non-profit conservation organization called the fStop Foundation which maintains a network of motion -sensor trail cameras throughout the "core" preserve to contribute to data collection for a wildlife utilization species inventory. Footage is shared with the FWC Panther Team and provides opportunities for researchers to track utilization by imperiled wildlife species. Cameras will continue to be deployed at the preserve to maintain passive monitoring of wildlife. 7.4. Partnership Opportunities Conservation Collier staff will continue to partner and share data and observations with wildlife management agencies such as the Florida Fish and Wildlife Conservation Commission as well as the United States Fish and Wildlife Service (USFWS) where possible. Grant funding may be available to enhance imperiled wildlife species habitat such as the USFWS Partners Grant. Staff will continue to partner with organizations such as the fStop Foundation for monitoring and outreach opportunities. Staff will seek opportunities to partner with researchers from higher education institutions to enhance conservation efforts of the wildlife species that utilize the preserve. 33 Packet Pg. 674 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 8. Recreation Management 8.1. Current Recreational Opportunity Conditions W a� The "core preserve" currently features a 1/3 mile seasonally inundated hiking trail (Figure 8.1.1., Photoset 8.1.2.) E 34 Packet Pg. 675 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Figure 8.1.1. Visitor trail Miles 35 12 Packet Pg. 676 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Photoset 8.1.2 Visitor Trail Trailhead at 60t" Ave NE Visitor trail during dry season, note the vehicle choke point between the cypress trees 36 Packet Pg. 677 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 8.2. Desired Future Conditions A preserve with the amenities required for the public to safely engage in passive of natural resource -based recreational activities. Table 8.2.1. Compatible Recreational Activities Recreational Activity Compatible Use Passive nature -based recreation (hiking, photography, wildlife viewing, environmental education, etc.) Yes Equestrian No Hunting No Fishing No Water -based Recreation (paddling, swimming, etc.) No Biking No 8.3. Management Tools 8.3.1. Access Improvements Each parcel has road frontage and adequate shoulder for parking. Access is primarily limited by flooded conditions within the parcels. Routing future trails along the margin of the strand will increase the period where visitors can utilize the trail without getting wet. 8.3.2. Amenity Installation/Enhancement In addition to the current trail, there is a network of trails and roads through the project area that can be modified for visitor use. Additions to this trail network can be made as adjacent parcels are acquired. Amenities to improve visitor experience include benches and interpretive signage. Trails and amenities will be designed in such a way as to minimize disturbance to sensitive species and habitats. 8.4. Partnership Opportunities There may be opportunity to route the visitor trail through the Estate Elementary conservation easement to the west of the school near the current trailhead. 9. Preserve Safety and Security Management 9.1. Current/Predicted Human Conflict Conditions Like other secluded, public properties, the preserve may attract those wishing to trespass and engage in illicit activities. There is a history dumping along the roads within the project area. There are numerous trails throughout the surrounding areas that experience varying degrees of offroad 37 Packet Pg. 678 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 vehicle traffic. Occasionally, off road vehicles use the current visitor trail. However, the narrow nature of the trail discourages most use. Photoset 9.1.1: Site Security Issues Offroad vehicle trespass on current trails Offroad vehicle trail on the Wright parcel W Packet Pg. 679 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 9.2. Desired Future Conditions A preserve free of littering, dumping, illicit activities, neighbor disturbances, unauthorized vehicles, and after-hours trespass. 9.3. Management Tools 9.3.1. Site Security Improvements Staff will monitor for signs of trespass/illegal activities. Staff will collaborate with adjacent landowners to address issues as they arise. Site security may be enhanced by installing removable bollards at trailheads and blocking other trails completely. Trails will be cut through the vegetation in such a way that numerous choke points prevent easy vehicular access. 9.3.2. Debris Removal Debris will continue to be removed and disposed of offsite as it is encountered. Staff will monitor the preserve boundaries for signs of illegal dumping. Staff will erect educational signage and work collaboratively with the Collier County Sheriff's Office to address repeat offenses. 9.4. Partnership Opportunities Staff will collaborate with both the Collier County Sheriff's Office and FWC Law Enforcement to both prevent and respond to any criminal site security and safety issues as they present themselves. 10. Budget It is difficult to predict upcoming expenses due to the rapid pace of acquisition within the project area. We can estimate expenses on a per acre basis and then extrapolate that number to the current acreage. Initial invasive plant treatments are expected to cost between $400-800/acre. 20 additional acres have been acquired in 2023 and will be scheduled for initial invasive plant treatments in 2024 for an estimated cost of $8000-16000. Maintenance of invasive plants are expected to cost between $200-400/acre. Therefore, the estimated cost to treat the same 20 acres in 2025 will be between $4000-8000. Parcels may or may not be immediately brought into treatment rotation upon acquisition based on their infestations and continuity. Mechanical vegetation removal costs approximately $1600 per day. Approximately one mile of trail/fire break or 1/2-acre of land can be cleared per day. Anticipated land clearing includes removing Brazilian pepper hedges along roadsides and thick melaleuca stands, there are less than 2 acres of clearing necessary based on current holdings. Trail and firebreak installation is not expected until large contiguous swaths of land are acquired. In-house trail maintenance is estimated to cost $250 per year for our current trail. Each grouping of parcels will require signage ($30/sign). Currently 12 signs are needed, with an estimated 5-10 additional needed each year. 39 Packet Pg. 680 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Unimpacted freshwater marsh found on the Selvig parcel Pine flatwood found on the Gonzalez parcel Ell Packet Pg. 682 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Oak and pine hammock on the Wright parcel Table 11.2. Legal Description Folio Calculated Acres Total Acres Legal Description 38843200000 5 5 GOLDEN GATE EST UNIT 42 TR 42 38844800001 2.73 2.73 GOLDEN GATE EST UNIT 42 E 180FT OF TR 60 38845560007 1.14 1.14 GOLDEN GATE EST UNIT 42 W 75FT OF E 150FT OF TR 68 OR 684 PG 438 38845680000 2.73 2.73 GOLDEN GATE EST UNIT 42 W 180FT OF TR 69 38845720009 2.27 2.27 GOLDEN GATE EST UNIT 42 E 150FT OF TR 69 38846440003 2.27 2.27 GOLDEN GATE EST UNIT 42 W 150FT OF TR 78 38847040004 1.14 1.14 GOLDEN GATE EST UNIT 42 E 75FT OF TR 84 38847080006 1.14 1.14 GOLDEN GATE EST UNIT 42 W 75FT OF E 150FT OF TR 84 OR 1965 PG 918 38847200006 1.14 1.14 GOLDEN GATE EST UNIT 42 E 75FT OF W 180FT OF TR 85 OR 651 PG 374 38847240008 2.27 2.27 GOLDEN GATE EST UNIT 42 E 150FT OF TR 85 OR 617 PG 1056 38848720006 1.59 1.59 GOLDEN GATE EST UNIT 42 W 105FT OF TR 100 38848880001 1.14 1.14 GOLDEN GATE EST UNIT 42 E 75FT OF TR 101 OR 821 PG 1132 39143120009 2.73 2.73 GOLDEN GATE EST UNIT 47 E 180FT OF TR 32 OR 873 PG 1748 39150640006 1.14 1.14 GOLDEN GATE EST UNIT 47 W 75FT OF TR 92 39151800007 1.14 1.14 GOLDEN GATE EST UNIT 47 E 75FT OF W 180FT OF TR 101 OR 455 PG 787 39151960002 1.14 1.14 GOLDEN GATE EST UNIT 47 E 75FT OF W 18OFT OF TR 102 i Packet Pg. 683 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan i Table 11.3 Panther Walk Preserve Plant List a� c Panther Walk Preserve Plant List by Maureen S. Bonness and Jean McCollom August 31, 2021 Scientific Name (with prior name) Common Names > z m > o a z z :° cn Q z u_ U IL w LU u_ Acer rubrum Red maple N Agalinis harperi Harper's false foxglove N Ambrosia artemisiifolia Common ragweed N Ammannia latifolia Pink redstem, Toothcups N Amphicarpum muhlenbergianum Blue maidencane N Andropogon glomeratus var. pumilus Bushy bluestem N Andropogon virginicus var. virginicus Broomsedge bluestem N Aristida patula Tall threeawn N Asemeia violacea (=Polygala grandiflora, P. violacea) Candyweed, Showy milkwort N Axonopus furcatus Big carpetgrass N Azolla filiculoides (=A. caroliniana) Waterfern N Baccharis glomeruliflora Saltbush N Bidens alba Spanish -needles N Boehmeria cylindrica False nettle, Bog hemp N Boltonia diffusa Smallhead doll's daisy N Buchnera americana American bluehearts N Callicarpa americana American beautyberry N Carex lupuliformis False hop sedge N Carex verrucosa Warty sedge N Cassytha filiformis Lovevine, Devil's gut N Centella asiatica Coinwort, Spadeleaf N Cephalanthus occidentalis Buttonbush N Chamaecrista nictitans var. aspera Hairy sensitive -pea N Cirsium spp. Thistle Cladium jamaicense Sawgrass N Coleataenia anceps (=Panicum anceps) Beaked panicum N Coleataenia rigidula (=Panicum rigidulum) Redtop panicum N Conoclinium coelestinum Mistflower N Conyza canadensis Canadian horseweed N Coreopsis leavenworthii Leavenworth's tickseed N 43 Packet Pg. K4 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Croton glandulosus var. septentrionalis (=var. glandulosus) Vente conmigo N Cuphea carthagenensis Colombian waxweed Cuscuta indecora Bigseed alfalfa dodder N Cyperus haspan Haspan flatsedge N Cyperus ligularis Swamp flatsedge N Cyperus ovatus (=C. retrorsus) Pinebarren flatsedge N Cyperus polystachyos Manyspike flatsedge, Texas sedge N Cyperus prolifer Dwarf papyrus II Desmodium incanum Beggar's -ticks Dichanthelium commutatum Variable witchgrass N Dichanthelium ensifolium Cypress witchgrass N Dichanthelium erectifolium Erect witchgrass N Diodia virginiana Buttonweed, Virginia buttonweed N Edrastima uniflora (=Odenlandia uniflora) Clustered mille graines N Eleocharis interstincta Knotted spikerush N Eragrostis atrovirens Thalia lovegrass Eragrostis bahiensis Bahia lovegrass Eragrostis elliottii Elliott's lovegrass N Erechtites hieraciifolius Fireweed, American burnweed N Erigeron quercifolius Southern -fleabane, Oakleaf fleabane N Eupatorium capillifolium Dogfennel N Eupatorium leptophyllum Falsefennel N Euphorbia hyssopifolia (=Chamaesyce hyssopifolia) Eyebane, Hyssopleaf sandmat N Euploca polyphylla (=Heliotropium polyphyllum) Pineland heliotrope N Eustachys glauca Prairie fingergrass N Eustachys petraea Pinewoods fingergrass N Euthamia caroliniana Slender flattop goldenrod N Ficus aurea Strangler fig, Golden fig N Fimbristylis cymosa Hurricanegrass Fuirena breviseta Saltmarsh umbrellased e N Fuirena scirpoidea Southern umbrellasedge N Funastrum clausum (=Sarcostemma clausum) Whitevine, White twinevine N Galium tinctorium Stiff marshl bedstraw N Habenaria floribunda (=H. odonotopetala) Toothpetal false reinorchid N Hydrocotyle sp. Marshpennywort N 12 Packet Pg. 685 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Hydrolea corymbosa Skyflower N Hypericum hypericoides St. Andrew's -cross N Hyptis alata Musky mint, Clustered bushmint N Ilex cassine Dahoon holly, Dahoon N Juncus marginatus Shore rush, Grassleaf rush N Juncus megacephalus Bighead rush N Juncus paludosus N Lachnanthes caroliana Bloodroot, Carolina redroot N Lindernia grandiflora Savannah false pimpernel N Ludwigia curtissii Curtiss's primrosewillow N Ludwigia maritima Seaside primrosewillow N Ludwigia microcarpa Smallfruit primrosewillow N Ludwigia octovalvis Mexican primrosewillow N Ludwigia peruviana Peruvian primrosewillow Ludwigia repens Creeping primrosewillow N Lycopus rubellus Water horehound N Lygodium microphyllum Small -leaf climbing fern I Lythrum alatum var. lanceolatum Winged loosestrife N Macroptilium lathyroides Wild bushbean 11 Mecardonia acuminata subsp. peninsularis Axilflower N Melaleuca quinquenervia Punktree I Melochia spicata Bretonica peluda N Melothria pendula Creeping -cucumber N Micranthemum glomeratum Mudflower N Mikania scandens Climbing hempweed, Climbing hempvine N Mitreola petiolata Miterwort, Lax hornpod N Mitreola sessilifolia Swamp hornpod N Morella cerifera (=Myrica cerifera) Wax myrtle, Southern bayberry N Myrsine cubana (=Rapanea punctata) Myrsine, Colicwood N Nekemias arborea (=Ampelopsis arborea) Peppervine N Nephrolepis exaltata Wild Boston fern N Nymphaea odorata American white waterlily N Oenothera simulans (=Gaura angustifolia) Southern beeblossom N Oxalis corniculata Common yellow woodsorrel N Panicum dichotomiflorum Fall panicgrass N Panicum hemitomon Maidencane N Panicum repens Torpedo grass I 45 i Packet Pg. 686 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Parthenocissus quinquefolia Virginia -creeper, Woodbine N Paspalidium geminatum Kissimmee grass N Passiflora suberosa Corkystem passionflower N Persicaria glabra (=Polygonum densiflorum) Denseflower knotweed N Persicaria hydropiperoides (=Polygonum hydropiperoides) Mild waterpepper; Swamp smartweed N Phlebodium aureum Golden polypody N Phyla nodiflora Frogfruit, Capeweed N Pinus elliottii var. densa South Florida slash pine N Pleopeltis michauxiana (=Polypodium polypodioides) Resurrection fern N Pluchea baccharis (=Pluchea rosea) Rosy camphorweed N Pluchea odorata Sweetscent N Polypremum procumbens Rustweed, Juniperleaf N Proserpinaca palustris Marsh mermaid -weed N Psilotum nudum Whisk fern N Ptilimnium capillaceum Mock bishopsweed, Herbwilliam N Quercus laurifolia Laurel oak, Diamond oak N Quercus minima Dwarf live oak N Quercus virginiana Virginia live oak N Rhexia mariana Pale meadowbeauty, Maryland meadowbeauty N Rhynchospora colorata Starrush whitetop N Rhynchospora divergens Spreading beaksedge N Rhynchospora inundata Narrowfruit horned beaksedge N Rhynchospora microcarpa Southern beaksedge N Richardia grandiflora Largeflower Mexican clover II Sabal palmetto Cabbage palm N Saccharum giganteum Sugarcane plumegrass N Sacciolepis striata American cupscale N Sagittaria graminea Grassy arrowhead N Sagittaria lancifolia Bulltongue arrowhead N Salix caroliniana Coastal Plain willow N Sambucus nigra subsp. canadensis American elderberry N Schinus terebinthifolia Brazilian pepper I Schizachyrium rhizomatum Rhizomatous bluestem N Scleria reticularis Netted nutrush N Scoparia dulcis Sweetbroom, Licoriceweed N Serenoa repens Saw palmetto N .N i Packet Pg. 687 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan 26.A.9 Setaria magna Giant bristlegrass N Setaria parviflora (=S. geniculata) Knotroot foxtail, Yellow bristlegrass N Sida ulmifolia (=S. acuta) Common wireweed, Common fanpetals N Sideroxylon reclinatum Florida bully, Buckthorn N Smilax auriculata Earleaf greenbrier N Smilax tamnoides Bristly greenbrier N Solanum tampicense Aquatic soda apple I Solidago sp. Goldenrod N Spermacoce verticillata Shrubby false buttonweed II Stenotaphrum secundatum St. Augustine grass Symphyotrichum carolinianum (=Aster carolinianus) Climbing aster N Symphyotrichum dumosum (=Aster dumosus) Rice button aster N Symphyotrichum fontinale (=Aster fontinalis) Florida water aster N Symphyotrichum simmondsii (--Aster simmondsii) Simmond's aster N Taxodium ascendens Pond cypress N Taxodium distichum Bald cypress N Telmatoblechnum serrulatum (=Blechnum serrulatum) Swamp fern N Teucrium canadense Wood sage, Canadian germander N Thalia geniculata Alligatorflag; Fireflag N Thelypteris interrupta Hottentot fern, Shiny Thelypteris N Thelypteris kunthii Southern shield fern N Tillandsia balbisiana Reflexed wild -pine, Northern needleleaf N T Tillandsia fasciculata Stiff -leaved wild -pine, Cardinal airplant N E Tillandsia paucifolia Potbelly airplant N Tillandsia recurvata Ball -moss N Tillandsia setacea Thin -leaved wild -pine, Southern needleleaf N Tillandsia usneoides Spanish -moss N Toxicodendron radicans Eastern poison -ivy N Typha domingensis Southern cattail N Urena lobata Caesarweed I Utricularia foliosa Leafy bladderwort N Utricularia sp. Bladderwort N Vicia acutifolia Sand vetch, Fourleaf vetch N Viola lanceolata Bog white violet N 47 12 Packet Pg. 688 26.A.9 Conservation Collier Panther Walk Preserve Multi -Parcel Project Land Management Plan Vitis rotundifolia Muscadine grape N Vittaria lineata Shoestring fern N Woodwardia virginica Virginia chain fern N Xyris jupicai Richard's yelloweyed grass Count 176 15 7 18 2 0 10 State Codes: E=Endangered, T=Threatened FNAI Codes: S1=critically imperiled; S2=imperiled because of rarity; S3=very rare in Florida or restricted range. FLEPPC Codes: Category I = species has altered native plant communities; Category II = species with increasing abundance or frequency. Sources. Scentific plant names and Native/Not-Native status is according to the Atlas of Florida Plants website as of August 2021. State status is from Florida Department of Agriculture and Consumer Services 2018 list. FNAI category is from Florida Natural Areas Inventory April 2019 list. FLEPPC category is from the Florida Exotic Pest Plant Council 2019 list. 11.4. Public Meeting Comments and Staff Responses Questions, comments, and concerns from the public meeting will be addressed in this section 12 Packet Pg. 689 r 5yy T ay ;i "- •� - k .N - .R, 1�'• _ ,,� ii 9 s LX Aw �Rr' •��..,. ,k. �? s ,� ?'= � � J i = yr' r .� Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Table of Contents Land Management Plan Executive Summary........................................................................ 5 ParcelDescription................................................................................................................. 7 1. Location.............................................................................................................................. 7 1.1. Description...................................................................................................................7 Figure 1.1.1. Overview map of Red Maple Swamp Preserve and surrounding conservationareas.......................................................................................................... 8 Figure 1.1.2. 2022 Aerial close-up................................................................................... 9 Figure 1.1.3 Red Maple Swamp Target Area Status.......................................................10 2. Physiography.....................................................................................................................11 2.1. Description..................................................................................................................11 Figure 2.1.1. Topographical Map (LIDAR)......................................................................12 Figure 2.1.2. Aquifer Map (CLIP4 Aquifer Priority Map and Wellfield Protection Zones). 13 Figure 2.1.3. Hydric Soils Map (Collier County Soils Survey)..........................................14 3. Historical Land Use...........................................................................................................15 3.1. Description.................................................................................................................15 Photoset 3.1.1. Historical Aerial Imagery ........................................................................16 4. Adjacent Land Use............................................................................................................18 4.1. Description..................................................................................................................18 5. Acquisition and Expansion.................................................................................................18 5.1. Acquisition Description................................................................................................18 5.2. Potential Preserve Expansion.....................................................................................19 Management.........................................................................................................................19 6. Vegetation Management....................................................................................................19 6.1. Current Vegetative Community Conditions..................................................................19 Figure 6.1.1. Cooperative Land Cover Classification Map..............................................21 Table 6.1.2. Threatened and Endangered Plant Species Table......................................22 6.1.3. Vegetation Management Concerns.......................................................................22 6.2. Desired Future Conditions...........................................................................................22 6.3. Management Tools.....................................................................................................22 6.3.1. Invasive Plant Removal........................................................................................22 Photoset 6.3.2 EDRR Treatment for Lygodium...............................................................24 Photoset 6.3.3 — 2023 Invasive Plant Treatments...........................................................25 2 M N O N ti a� c as E E 0 U L 0 a c 0 2 .3 a Q c CU J O O co LO N Packet Pg. 691 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 6.3.4. Native Plant Restoration.......................................................................................26 M 6.3.5. Prescribed Fire.....................................................................................................27 N O N r; 6.3.6. Hydrological Restoration.......................................................................................27 6.4. Partnership Opportunities............................................................................................27 7. Wildlife Management 27 7.1. Current Wildlife Community Conditions.......................................................................27 E Table 7.1.1. Observed Wildlife Species Table................................................................28 U Table 7.1.2. Potential Threatened and Endangered Species Table................................28 0 7.1.2. Wildlife Management Concerns............................................................................29 a 7.2. Desired Future Conditions...........................................................................................29 0 7.3. Management Tools.....................................................................................................29 ;v_, 7.3.1. Habitat Improvements...........................................................................................29 Q 7.3.2. Connectivity..........................................................................................................29 Figure 7.3.3. — Florida Panther Telemetry Locations......................................................31 CU J 7.3.4. Consumptive Wildlife Use.....................................................................................31 0 co 7.3.5. Monitoring.............................................................................................................31 LO 7.4. Partnership Opportunities............................................................................................31 c a 8. Recreation Management...................................................................................................31 E 8.1. Current Recreational Opportunity Conditions..............................................................31 8.2. Desired Future Conditions...........................................................................................31 a Table 8.2.1. Compatible Recreational Activities..............................................................31 8.3. Management Tools.....................................................................................................32 8.3.1. Access Improvements..........................................................................................32 a� > 8.3.2. Amenity Installation/Enhancement........................................................................32 a� N L Figure 8.3.3 - Conceptual Hiking Trail............................................................................33 8.4. Partnership Opportunities............................................................................................34 9. Preserve Safety and Security Management.......................................................................34 9.1. Current/Predicted Human Conflict Conditions.............................................................34 9.2. Desired Future Conditions...........................................................................................34 9.3. Management Tools.....................................................................................................34 9.3.1. Site Security Improvements..................................................................................34 9.3.2. Debris Removal....................................................................................................34 9.4. Partnership Opportunities............................................................................................34 3 Packet Pg. 692 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 10. Additional Resource Use Management............................................................................35 10.1. Current Additional Resource Use Conditions............................................................35 10.2. Desired Future Conditions.........................................................................................35 11. Budget.............................................................................................................................35 Table 11.1. Projected Expenditures Table......................................................................35 12. Appendix.........................................................................................................................35 Table 12.1. Legal Description.........................................................................................35 12.2. Public Meeting Comments and Staff Responses...................................................37 L! M N O N ti a� c as E E 0 U L 0 Q c 0 2 .3 a Q c CU J O O CO LO N Packet Pg. 693 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Land Management Plan Executive Summary The most recent Interim Management Plan was approved by the Board of County Commissioners on January 26, 2021. After 17 years of management under an Interim Management Plan, now that a majority (77.7%) of the multi -parcel project boundary has been acquired this now becomes a Final Management Plan. Lead Agency: Conservation Collier Program, Parks & Recreation Division, Collier County Public Services Department Properties included in this Plan: Red Maple Swamp Preserve Preserve lands consist of 83 parcels located within Section 8, Township 48, and Range 27 in Collier County, Florida. Full legal descriptions are provided in the appendix (Table 12.2). Total Acreage: 237.43 Management Responsibilities: Collier County Conservation Collier Program staff Designated Land Use: Preservation Unique Features: Red Maple Swamp Preserve is an excellent example of a wetland hardwood forest community and contains many mature red maples in areas outside of those historically farmed. Even previously farmed areas show significant red maple re -growth. Desired Future Conditions: Vegetation: A preserve with high quality wetland hardwood forest and less than 10% infestation of non-native species. Wildlife: A preserve with the appropriate vegetative communities, resource use, and connectivity to support wildlife species native to that habitat. Recreation: A preserve with the amenities required for the public to safely engage in passive natural resource -based recreation Preserve Safety and Security: A preserve free of littering, dumping, illicit activities, neighbor disturbances, unauthorized vehicles, and after-hours trespass. Additional Resource Uses: A preserve with the opportunity for additional resource use that is not only compatible with, but also facilitates vegetation, wildlife, recreation, and site security management goals. Public Involvement As part of the Final Land Management Plan drafting process, a public meeting will be held in May 2023, to gather input from members of the public and preserve stakeholders. 61 Packet Pg. 694 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Introduction The 305.69-acre target area was approved for acquisition by the Board of County Commissioners (BCC) on January 27, 2004; since then, Conservation Collier has acquired 83 parcels in a checkerboard fashion for a total of 237.43 acres. The Red Maple Swamp Preserve is a nature preserve located in the North Golden Gate Estates (NGGE) Unit 53. It is largely comprised of wetland hardwood swamp dominated by red maple (Acer rubrum). Currently, the preserve is designated resource protection and closed to the public, but there is a sixty -foot platted Right of Way easement dedicated for public right away, including utilities, along the preserve's northern boundary, Shady Hollow Blvd. W. A second platted Right of Way easement is oriented along an east -west direction, 41 sc Ave NW, and bisects the preserve. The County holds fee simple title. The Conservation Collier Program manages this parcel under authority granted by the Conservation Collier Ordinance 2002-63, as amended (available from www.municode.com). Management activities allowed are those necessary to preserve and maintain this environmentally sensitive land for the benefit of present and future generations. Future public use of this site must be consistent with these goals. Conservation Collier: Land Acquisition Program and Management Authority The Conservation Collier program was originally approved by voters in November 2002 and subsequently confirmed in the November 2006 and 2020 ballot referendum. Both voter -approved referendums enable the program to acquire environmentally sensitive lands within Collier County, Florida (Ordinance 2002-63, as amended). Properties must support at least two of the following qualities to qualify for consideration: rare habitat, aquifer recharge, flood control, water quality protection, and listed species habitat. The BCC appointed the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to consider any selected or nominated properties that an owner has indicated a willingness to sell. The committee recommends property purchases for final approval by the BCC. Lands acquired with Conservation Collier funds are titled to "COLLIER COUNTY, a political subdivision of the State of Florida, by and through its Conservation Collier program." The BCC established the Conservation Collier Program to implement the program and to manage acquired lands. As such, Conservation Collier holds management authority for the Red Maple Swamp Preserve. Purpose and Scope of Plan The purpose of the final management plan is to provide long term management direction for the Red Maple Swamp Preserve by identifying the desired future conditions of each element and the appropriate tools to achieve these conditions. This plan seeks to balance natural resource conservation (listed species protection, habitat restoration, and invasive species management) with outdoor recreational and educational use. This plan is divided into sections that include an introduction, parcel description, management element conditions, objectives, potential tools, and a projected budget. A Packet Pg. 695 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Parcel Description 1. Location 1.1. Description The Preserve is in the North Golden Gates Estates Unit 53 area of Collier County, FL in Section 8, Township 48, and Range 27. The Preserve is situated immediately south of CREW Bird Rookery Swamp trailhead, approximately 1 mile west of Wilson Blvd. N. (Figure 1.1.1). The Preserve is comprised of 83 mostly contiguous parcels ranging from 1.12 to 9.16-acres for a total of 237.43-acres (Table 12.1). rl Packet Pg. 696 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Miles Red Maple Swamp Preserve (237.43 ac) Conservation Easement Corkscrew Swamp Sanctuary CREW District Land Other Conservation Areas C oN E ATION N�O�t'le'6' t +C1bi S1t�}� C LLIER Figure 1.1.1. Overview map of Red Maple Swamp Preserve and surrounding conservation areas 0 M N O N ti N C 3 Packet Pg. 697 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Red Maple Swamp Preserve (237.43 ac) Figure 1.1.2. 2022 Aerial close-up Miles E M N O N ti N C 7 CON ATION ft CO @T COL ,,y Packet Pg. 698 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Miles Red Maple Swamp Parcels 0 A -list Acquired Under Contract Acquired (Donation) Figure 1.1.3 Red Maple Swamp Target Area Status 10 M N O N ti N C 3 -__u CONS-ERYATION C LLIER Co(iver colmtry -` T bow Packet Pg. 699 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 2. Physiography 2.1. Description LIDAR and Surface Waters A Light Detection and Ranging (LIDAR) map provides information about the elevation of the Earth's surface. The topographical map of the Preserve (Figure 2.1.1) indicates surface features of lower elevation in deepening shades of yellow and blue. The preserve is an excellent example of a wetland hardwood forest community where most, if not all, of the preserve experiences surface water ponding at some point during the year. Aquifer Recharge Potential The preserve is within a Priority 6 CLIP4 Aquifer Recharge designation and is not within a wellfield protection zone as designated by Collier County Utilities Golden Gate Wellfield (Figure 2.1.2). The preserve protects portions of the surficial aquifer that are sensitive to contamination. Soils There are 4 soil types mapped within the preserve (Figure 2.1.3), three of which are hydric soil. Hydric soil present consists of one fine sand and two depressional sands. A hydric soil is formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). The entire area is comprised of hydric soil expect a 3-acre portion of Boca fine sand in the southeastern corner of the preserve. 11 Packet Pg. 700 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Miles Red Maple Swamp Preserve (237.43 ac) LIAR Value High : 104.644 - Low: -4.11745 Figure 2.1.1. Topographical Map (LIDAR) 12 M N O N ti N C 7 a CON E AT[ON Co ec. county LLIER Packet Pg. 701 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Miles Red Maple Swamp Preserve (237.43 ac) CLIP4 Aquifer Recharge Priority 1- HIGHEST Priority 2 Priority 3 Priority 4 Priority 5 Priority 6 CON ATION MJMWLLI ER Coen County Figure 2.1.2. Aquifer Map (CLIP4 Aquifer Priority Map and Wellfield Protection Zones) 13 CM N O N ti N C 7 Packet Pg. 702 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Miles M N O N ti N C 3 Red Maple Swamp Preserve (237.43 ac) r— DRIC Fr it Type BOCA FINE SAND BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS PRESS CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL I HOLOPAW FINE SAND Figure 2.1.3. Hydric Soils Map (Collier County Soils Survey) 14 CON € ATION Soft? County LHER Packet Pg. 703 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 3. Historical Land Use 3.1. Description Aerial imagery (Photoset 3.1.1) dating back to 1969 shows significant alteration to nearby lands inside and surrounding the preserve. Adjacent land to the south is cleared of timber that would eventually be developed into the Twin Eagles community. Immediately north and west of the preserve, the Corkscrew Swamp watershed remains intact, while lands east of the preserve are subdivided by a network of roads and most of the land east of Immokalee Road has been deforested. By 2006, lands to the south and southwest have begun development into private communities; adjacent parcels to the east display an increase in single family home construction, while lands along Immokalee Road have received extensive development. This development pattern would continue, as evidenced by the aerial imagery from 2022. Corkscrew Regional Ecosystem Watershed Trust, Inc. (CREW) land and other conservation lands directly to the north and west of Red Maple Swamp, comprising a large, regional watershed, have generally remained intact. 15 Packet Pg. 704 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Photoset 3.1.1. Historical Aerial Imagery 1969 Aerial Imagery of Preserve's Western Half 16 Packet Pg. 705 ® iIMF— Red Maple Swamp f u o \)V � . ra• • CREW Wildlife and Environmental Area • wend Trans •"�• _ A Nr •�R� Biry �O�Pn�'�'e�ip Trailg — •� ��,�1 % _ — , � iettitis�.Pa hfil:Ratt�. '�•% s . ! o � � � � � so,r•.a snycwt Naples It skysau;I _ 1 y r A jj) 'r _ 5 T LJ tj If{Y t" �f `PT k" :x ma snnvna :at__ \` r.. "IT4-7 - .r:_ Googl rt est �gaet Generators 3In Necember 1985 :—Jaw- Red CREW Wildlife and Environmental Area �CREV/ FsptP,ea_5U dd-1 __. 98hd rookery sanctuary naples. fl ;_i f9oniayaiional caliawunny aun I 1 r . IIf HgC alslandI 6 I r pry -y�-P'�6onita Ba Club Nagle - R--�_Z�5 r • f _ P ' ESPIa — Golf & f Nales �� 8 rta eBay Golt&Cpunuy Cl,6 ! `� 1 7 S•�jj 6DOgleEary- 2,��aranr.xsrro;maa .... ::Wr„i Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 September 2022 4. Adjacent Land Use 4.1. Description Red Maple Swamp Preserve is adjacent to South Florida Water Management District (SFWMD) lands to the north and west. A 43-acre Collier County -owned, un-restored, fallow agricultural, wetland mitigation parcel also exists to the north of the preserve. To the east, the preserve is bordered by Estates zoned property that is mostly undeveloped and to the south by Phase II of the Twin Eagles Development (Figure 1.1.1). 5. Acquisition and Expansion 5.1. Acquisition Description On January 27t", 2004, the CCLAAC recommended the multi -parcel project area for the acquisition A -list. Since then, Conservation Collier has acquired 83 parcels in a checkerboard fashion for a total of 237.43 acres. m Packet Pg. 707 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 5.2. Potential Preserve Expansion Conservation Collier is targeting the remaining parcels within the multi -parcel project area. Acquiring the remaining parcels in this area would simplify land management by allowing us to treat non-native plants across the entirety of the project area. Management 6. Vegetation Management 6.1. Current Vegetative Community Conditions The following are the Cooperative Land Cover Classification System Habitats identified. Non- native species are denoted with an *. Plant communities identified statewide under this cooperative land cover system partially rely on aerial imagery for plant community classification. Four plant communities have been identified across Red Maple Swamp Preserve — these plant communities, along with general descriptions, can be found below. There has been significant recolonization of red maple (Acerrubrum) across the preserve since historical logging and farming occurred. 2240 Mixed Hardwood Coniferous Swamps — Includes mixed wetlands forest communities in which neither hardwoods nor conifers achieve a 66 percent dominance of the crown canopy composition. Notes: These areas were at high infestations of Lygodium spp.* and Brazilian pepper at the time of acquisition. Major Canopy Components: Bald cypress (Taxodium distichum), red maple (Acer rubrum), laurel oak (Quercus laurifolia), cardinal airplant (Tillandsia fasciculata) Major Midstory Components: Pop ash (Fraxinus caroliniana), Pond apple (Annona glabra), swamp bay (Persea palustris), climbing fern* (Lygodium spp.), Brazilian pepper* (Schinus terebinthifolia) Major Understory Components: Sawgrass (Cladium jamaicense), royal fern (Osmunda regalis) swamp fern (Blechnum serrulatum), crinum lily (Crinum americanum), peppervine (Ampelopsis arborea), false nettle (Boehmeria cylindrica), whitevine (Funastrum clausum), greenbriar (Smilax spp.), poison ivy (Toxicodendron radicans), pickerel weed (Pontederia cordata), alligator flag (Thalia geniculata) 2233 Mixed Wetland Hardwoods — Wetland hardwood communities which are composed of a large variety of hardwood species tolerant of hydric conditions yet exhibit an ill-defined mixture of species. Notes: These areas were at high infestations of Lygodium spp.* and Brazilian pepper at the time of acquisition. 19 Packet Pg. 708 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Major Canopy Components: Red maple (Acer rubrum), laurel oak (Quercus laurifolia), pop ash N (Fraxinus caroliniana), pond apple (Annona glabra), swamp bay (Persea palustris), dahoon holly CD N (Ilex cassine) ti Major Midstory Components: Swamp dogwood (Corpus foemina), buttonbush (Cephalanthus as occidentalis), wax myrtle (Myrica cerifera), pop ash (Fraxinus caroliniana), pond apple (Annona glabra), climbing fern* (Lygodium spp.) a Major Understory Components: Royal fern (Osmunda regalis), crinum lily (Crinum americanum), false nettle (Boehmeria cylindrica), greenbriar (Smilax spp.), poison ivy (Toxicodendron radicans), wild coco (Eulophia alta). 2211 Cypress - Dominated entirely by cypress, or these species important in the canopy; long hydroperiod. Notes: These areas were at high infestations of Lygodium spp.* at the time of acquisition. Major Canopy Components: Cypress (Taxodium distichum), melaleuca* (Melaleuca quinquenervia), cabbage palm (Saba) palmetto), cardinal airplant (Tillandsia fasciculata) Major Midstory Components: Melaleuca* (Melaleuca quinquenervia), cabbage palm (Saba) palmetto), wax myrtle (Myrica cerifera), pop ash (Fraxinus caroliniana), pond apple (Annona glabra), climbing fern* (Lygodium spp.) Major Understory Components: Sawgrass (Cladium jamaicense), royal fern (Osmunda regalis) swamp fern (Blechnum serrulatum), crinum lily (Crinum americanum), peppervine (Ampelopsis arborea), false nettle (Boehmeria cylindrica), whitevine (Funastrum clausum), greenbriar (Smilax spp.), poison ivy (Toxicodendron radicans), pickerel weed (Pontederia cordata), alligator flag (Thalia geniculata) 2112 Mixed Scrub -Shrub Wetlands — Wetlands that are dominated by woody vegetation less than 20ft in height. This can occur in many situations, but in most cases involves transitional or disturbed communities on dried sites. Persistent examples of shrub wetlands include shrub bogs and willow swamps. Notes: These areas were at high infestations of Lygodium spp.* at the time of acquisition. Major Canopy Components: Carolina willow (Salix caroliniana), buttonbush (Cephalanthus occidentalis), swamp dogwood (Corpus foemina), melaleuca* (Melaleuca quinquenervia) Major Midstory Components: Melaleuca* (Melaleuca quinquenervia), Brazilian pepper* (Schinus terebinthifolia) Major Understory Components: swamp fern (Blechnum serrulatum), broomsedge (Andropogon spp.), Sawgrass (Cladium jamaicense), pickerel weed (Pontederia cordata), alligator flag (Thalia geniculata) 9 Packet Pg. 709 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Miles Red Maple Swamp Preserve (237.43 ac) nd Cover __j Brazilian Pepper Canal Cultural - Lacustrine Cypress CypresslTupelo(incl Cy/Tu mixed) Golf courses Marshes Mixed Hardwood Coniferous Swamps Mixed Scrub -Shrub Wetland Mixed Wetland Hardwoods Residential, Low Density Shrub and Brushland Transportation Urban Open Land Figure 6.1.1. Cooperative Land Cover Classification Map 21 CONSE ATIOIV LLIER Ca 1ev County 4 Packet Pg. 710 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Table 6.1.2. Threatened and Endangered Plant Species Table Imperiled Plant Species Conservation Status Common Name Scientific Name State Federal Giant Airplant Tillandsia utriculata Endangered Not Listed Night Scented Orchid Epidendrum nocturnum Endangered Not Listed Stiff -Flower Star Orchid Epidendrum rigidum Endangered Not Listed 6.1.3. Vegetation Management Concerns Restoring native plant communities and reducing all Category I and II invasive plants below 10% infestation are the primary vegetation management concerns on this preserve. Historically, sections of the preserve were cleared for agriculture and furrows were installed; commercial logging also occurred. Since clearing, native and non-native vegetation has recolonized, including a significant regeneration of the native red maple (Acer rubrum). Lygodium spp. is the most prevalent non-native, invasive species found on the preserve. Brazilian pepper (Schinus terebinthifolia) is also a problematic species dispersed across the preserve. Para grass (Brachiaria mutica) and creeping signal grass (Urochloa humidicola) are the most prevalent non- native, invasive grasses found on the preserve, however they are mostly confined to the roadside swales and the partially cleared Cabrera parcel that was recently purchased. Special consideration should be made to monitor and plan for subsequent herbicide applications targeting these nuisance species. 6.2. Desired Future Conditions A preserve with a matrix of hydric plant communities and less than 10% infestation of non-native, invasive species. 6.3. Management Tools 6.3.1. Invasive Plant Removal The preserve is >30% infested with non-native, invasive plants, primarily Lygodium spp., Brazilian pepper (Schinus terebinthifolia), Peruvian primrose willow (Ludwigia peruviana), para grass (Brachiaria mutica), and creeping signal grass (Urochloa humidicola). Herbicidal treatments will be the primary method used to control Category I and II invasive species. Herbicide applications have been occurring since 2013, with treatments initially focused on large, contiguous blocks of parcels. As more interior parcels have been acquired, Conservation Collier is now treating the entirety of the preserve's 237.43 acres. 22 Packet Pg. 711 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 In January of 2018, Florida Fish and Wildlife Conservation Commission (FWC) CREW biologists notified Conservation Collier land managers of aerial observations of a high -density area of an invasive climbing fern (Lygodium spp.) seen during a monthly wading bird monitoring flight. Conservation Collier staff mapped the area of concern, carried out a site inspection, and collected data on the area of infestation. Staff set up "before and after" photo monitoring points (Photoset 6.3.2) and coordinated with the FWC Upland Invasive Plant Management Section (IPMS) to secure funding for an Early Detection Rapid Response (EDRR) treatment for the 12.78-acre infestation area given its size and location to adjacent natural areas. Beginning in FY2018-19, Conservation Collier has been applying for yearly funding assistance through FWC's IPMS program. The IPMS program, during its more than two decades of operation, has spent $251 million on 3,438 invasive plant treatments across more than 700 federal, state, and local managed areas that comprise over 10 million acres, or 90% of all conservation land in the state. Conservation Collier has been awarded IPMS funding on three separate occasions at Red Maple Swamp Preserve totaling 303.1 treatment acres across the 237.43-acre preserve. Included in those 303.1 acres, is IPMS funding for a 107.1-acre initial treatment during FY2022- 23. After this treatment occurs, every Red Maple Swamp Preserve parcel will have received at least one invasive plant treatment, with many parcels having received several iterations; initial treatments will continue to be enacted as new parcels are acquired. After the FY2022-23 treatments (Photoset 6.3.3), the entire preserve will be in maintenance phase for the treatment of nuisance, invasive plants. Maintenance phase for invasive plants is defined by the IPMS program as utilizing control techniques in a coordinated manner on a continuous basis to maintain nuisance plant populations at the lowest feasible level if they cannot be completely eradicated. Monitoring of the site shall consist of a walk-through by staff at semi-annual intervals. Conservation Collier shall be responsible for exotic plant treatment with tasks contracted out as deemed necessary. Prior to any land management activities, photo monitoring points will also be established at strategic locations within the project area to monitor vegetation communities. 23 Packet Pg. 712 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Photoset 6.3.2 EDRR Treatment for Lygodium Before and After Treatment Photo of Photo monitoring Point 5 Before and After Treatment Photo of Photo monitoring Point 2 24 Packet Pg. 713 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Photoset 6.3.3 — 20231nvasive Plant Treatments Miles Red Maple Swamp Preserve IPMS 2022 Initial (105.98ac) -Applying for IPMS Maintenance (124.41ac) Remaining Parcels To Be Acquired 2023 IPMS Funded Invasive Plant Treatment Shown in Red 25 M N O N ti C 3 7 CONUMATION p, LLIER C:n tiev County ��' Packet Pg. 714 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Red Maple Swamp Preserve MaintenanceTreatment 2023 0 0.5 1 Miles Maintenance Treatment 2023 EM Task I TreatmentArea - 131.4ac RMS Parcels CON ATION � LLIER Cai t , (:,.ty j �-^mP . • 2023 Inhouse Funded Invasive Plant Treatment Shown in Red 6.3.4. Native Plant Restoration Native plantings will be appropriately utilized should management deem vegetative restoration necessary. 26 Packet Pg. 715 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 6.3.5. Prescribed Fire N 0 Plant communities within this preserve aren't historically dependent on prescribed fire. The N recently acquired Cabrera parcel has a cleared, upland area comprised of grasses and other herbaceous plants. Prescribed fire will be considered in this area as maintaining a shrub -free, diverse grassland would be beneficial for insects and wildlife. 6.3.6. Hydrological Restoration The preserve sits on the edge of the Corkscrew Regional Ecosystem Watershed. While the bottom lands of this watershed have generally remained intact, they were historically logged and areas peripheral to the watershed were cleared and drained to promote agricultural and residential uses. Despite land alterations adjacent to and within the preserve (41 sc Ave. NW bisects the preserve), it receives substantial inundation during the wet season which continues to promote the wetland plant communities found across the preserve. Currently, no hydrological restoration projects are being considered. However, when situations arise where preserves could be part of a water management/restoration plan, Conservation Collier will support these plans if they don't negatively affect the preserve. 6.4. Partnership Opportunities Conservation Collier will continue to seek funding assistance from the FWC IPMS program. This program has been critical in conducting initial, and otherwise cost prohibitive, invasive plant removal projects over the past 20 years. SFWMD staff has indicated that they are open to the potential for expanding the CREW project boundaries around NGGE Unit 53, or portions thereof, and there may be opportunity for management assistance once a larger area of contiguous parcels is acquired. County staff has also had discussions with CREW about the possibility of CREW acquiring and conveying NGGE Unit 53 properties over to Collier County. In May 2011, the CREW Land and Water Trust conveyed two parcels to Collier County to be incorporated within the boundary layer of the NGGE Unit 53 acquisition parcels. 7. Wildlife Management 7.1. Current Wildlife Community Conditions State and federally listed imperiled species observed utilizing the preserve lands include the woodstork (Mycteria americana), little blue heron (Egretta caerulea), crested caracara (Caracara cheriway), Florida panther (Puma concolor coryi), Florida bonneted bat (Eumops floridanus), and American alligator (Alligator mississippiensis). The seasonally inundated portions of the property provide habitat for a variety of imperiled wading birds, reptiles, and amphibians. 27 Packet Pg. 716 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 M N O N ti N C Table 7.1.1. Observed Wildlife Species Table Type Common Name Species Protection Status Mammals Florida panther Puma concolor coryi Federally Endangered Bobcat Lynx rufus White-tailed deer Odocoileus virginianus Raccoon Procyon lotor Feral hog* Sus scrofa Gray squirrel Sciurus niger Florida bonneted bat Eumops floridanus Federally Endangered Birds Red -bellied woodpecker Melanerpes carolinus Blue jay Cyanocitta cristata Northern mockingbird Mimus polyglottos Woodstork Mycteria americana northern cardinal Cardinalis cardinalis European starling* Sturnus vulgaris Crested caracara Caracara cheriway Federally Threatened Great blue heron Ardea herodia Great egret Ardea alba Red -shouldered hawk Buteo lineatus Little blue heron Egretta caerulea State Threatened Wild turkey Meleagris gallipavo Reptiles American alligator Alligator mississippiensis Black and white tegu lizard Salvator merianae Amphibians brown anole* Anolis sagrei Southern leopard frog Lithobates sphenocephalus Table 7.1.2. Potential Threatened and Endangered Species Table Type Common Name Species Protection Status Mammals Big Cypress fox squirrel Sciurus niger avicennia State Threatened r: Packet Pg. 717 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Birds Everglade's snail kite Rostrhamus sociabilis Federally plumbeus Endangered Roseate spoonbill Plata/ea ajaja State Threatened Tricolored heron Egretta tricolor State Threatened 7.1.2. Wildlife Management Concerns Due to the preserve's proximity to the Golden Gate Estates, an existing network of access roads, and private inholdings within the preserve, poaching of game at the preserve is of management concern. An exotic black and white tegu has been observed on Shady Hollow Blvd. near the preserve. These exotic reptiles can grow up to 4-feet in length and display an omnivorous diet. They prey on a wide variety of items such as small birds, snakes, anurans, insects, and eggs. Tegus tend to prefer habitat where they can burrow, so the seasonal flooding of Red Maple Swamp would seem to be a hinderance to an established population. 7.2. Desired Future Conditions A preserve with the appropriate vegetative communities, resource use, and connectivity to support wildlife species native to the habitat. 7.3. Management Tools 7.3.1. Habitat Improvements Treatment and removal of invasive plant species, primarily lygodium, Brazilian pepper, Peruvian primrose willow, para grass, and signal grass, will allow desired native species to recover. As invasive plant treatments are reduced in cost and reach maintenance level across all acquired parcels, land managers will investigate and monitor encroachment of native plants such as Carolina willow (Salix caroliniana) into interior wetlands. Due to canals and excessive drainage altering the preserve's hydroperiod, the establishment of a shrubby midstory can become more likely across seasonally flooded areas. While isolated clusters of shrubs can provide important nesting and rookery habitat for birds, when left unchecked woody shrub encroachment can reduce plant diversity in the understory, especially along the margins of cypress swamps and across depressional wetlands. 7.3.2. Connectivity Land to the south and east of the preserve is zoned for residential development. Twin Eagles subdivision has already been developed to the south, while single family homes continue to be developed east of the preserve. Lands to the west and north of the preserve consist of a network of conservation lands under permanent protection. These lands along with Red Maple Swamp Preserve have a well -documented history of Florida panther (Puma concolor coryi) observations (Figure 7.3.2). Maintaining these connected lands allows for panthers to disperse north out of the Golden Gate Estates area without having to cross a multitude of highways. 29 Packet Pg. 718 26.A.10 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan Red Maple Swamp Preserve (237.43 ac) �. Florida Panther Mortality Florida Panther Telemetry Black Bear Telemetry Miles 30 M N O N ti N C 3 CON - )TI'ONCR Co ew County Packet Pg. 719 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Figure 7.3.3. — Florida Panther Telemetry Locations 7.3.4. Consumptive Wildlife Use Portions of the preserve were previously utilized for hunting and the surrounding lands are still actively hunted. There is a plethora of game species present, most notably, white-tailed deer, feral hogs, and wild turkey. The restricted size of the preserve would make hunting large game difficult. Hunting occurred on the recently acquired Cabrera parcel and the Osceola turkey (Meleagris gallipavo) is known to frequent this area of the preserve. Guided, limited entry, special opportunity turkey hunts are the most appropriate for this preserve. These hunts may provide high quality opportunities for, but not limited to, youth, new, or disabled hunters. 7.3.5. Monitoring It is presumed that several listed species, such as Florida bonneted bats, Big Cypress fox squirrels, and wood storks will be documented on the preserve. Conservation Collier staff will deploy trail cameras on the preserve to monitor wildlife utilization. 7.4. Partnership Opportunities Conservation Collier staff will continue to partner and share data and observations with wildlife management agencies such as the FWC as well as the United States Fish and Wildlife Service (USFWS) where possible. Grant funding may be available to enhance imperiled wildlife species habitat such as the USFWS Partners Grant. Staff will continue to partner with organizations such as the fStop Foundation for monitoring and outreach opportunities. Staff will seek opportunities to partner with researchers from higher education institutions to enhance conservation efforts of the wildlife species that utilize the preserve. 8. Recreation Management 8.1. Current Recreational Opportunity Conditions The preserve is currently closed to the public. As the preserve continues to become more contiguous, a seasonal trail could be installed with the trailhead strategically located near the Bird Rookery Swamp parking lot. A conceptual drawing of this trail can be seen on Figure 8.3.3. 8.2. Desired Future Conditions A preserve with the amenities required for the public to safely engage in a variety of natural resource -based recreational activities. Table 8.2.1. Compatible Recreational Activities Recreational Activity Compatible Use 31 Packet Pg. 720 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 Passive nature -based recreation (hiking, photography, wildlife viewing, environmental education, etc.) Yes Hunting Yes Fishing No Water -based Recreation (paddling, swimming, etc.) No Biking No 8.3. Management Tools 8.3.1. Access Improvements Future access to the preserve should it be opened to the public would be via Shady Hollow Blvd. and 41 sc Ave. NW. (Figure 8.3.3). Parking for the preserve and the conceptual hiking trail could be coordinated through the CREW parking lot at Bird Rookery Swamp, however a partnership and agreement would need to be discussed before this could be implemented. 8.3.2. Amenity Installation/Enhancement Once public access has been granted, a primitive hiking trail could be installed. A kiosk at the trailhead would need to be installed and the trail would be under water for most of the year, likely limiting visitor use to the dry season. Trails and amenities will be designed in such a way as to minimize disturbance to sensitive species and habitats. A conceptual drawing of the trail can be seen in Figure 8.3.3. and is subject to change based on ground truthing and the acquisition of new parcels. 32 M N 0 N ti CD c Packet Pg. 721 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 t 0 0.9 Miles Conceptual Hiking Trail Red Maple Swamp Preserve (237.43 ac) CON E ATION Co�lier County.,, Figure 8.3.3 - Conceptual Hiking Trail 33 M N O N ti N C 3 Packet Pg. 722 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 8.4. Partnership Opportunities There is an opportunity for a partnership with CREW Bird Rookery Swamp to share their parking lot for access to Conservation Collier's hiking trail, should one be installed. 9. Preserve Safety and Security Management 9.1. Current/Predicted Human Conflict Conditions Like other secluded, public properties, the preserve may attract those wishing to trespass and engage in illicit activities. There is dumping along the west end of Shady Hollow Blvd. along with an off -road trail along the western boundary of the preserve. The preserve could also be utilized by people looking to poach game. With the network of conservation lands in the immediate area, FWC Law Enforcement does provide some security at the preserve, however regular off -road access appears to occur along the western boundary of the preserve. 9.2. Desired Future Conditions A preserve free of littering, dumping, illicit activities, neighbor disturbances, unauthorized vehicles, and after-hours trespass. 9.3. Management Tools 9.3.1. Site Security Improvements Staff will monitor for signs of trespass/illegal activities. Staff will collaborate with adjacent landowners and FWC Law Enforcement to address issues as they arise. Site security may be enhanced by increasing law enforcement presence in the area. 9.3.2. Debris Removal There are remnants of a dilapidated travel trailer and hunting blind on the recently acquired Cabrera parcel that will need to be removed. Debris will continue to be removed and disposed of offsite as it is encountered. Staff will monitor the preserve boundaries for signs of illegal dumping. Staff will erect educational signage, and work collaboratively with the Collier County Sheriff's Office and FWC Law Enforcement to address repeat offenses. 9.4. Partnership Opportunities Staff will collaborate with both the Collier County Sheriff's Office and FWC Law Enforcement to both prevent and respond to any criminal site security and safety issues as they present themselves. 34 Packet Pg. 723 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 10. Additional Resource Use Management 10.1. Current Additional Resource Use Conditions Currently there are no sanctioned commercial uses on the Preserve. 10.2. Desired Future Conditions A preserve with the opportunity for additional resource use that is not only compatible with, but also facilitates vegetation, wildlife, recreation, and site security management goals. 11. Budget Table 11.1. Projected Expenditures Table Projected Operating Costs 2023 2024 2025 2026 2027 Vegetation Treatment/Removal $35,475 $30,000 $30,000 $30,000 $27,500 Trailhead Kiosk** $2,500 Debris Removal $6,000 Total Projected Costs $35,475 $36,000 1 $30,000 $30,000 $30,000 ** Pending parcel acquisition to create more contiguity — no definite timeline 12. Appendix Table 12.1. Legal Description Folio Calculated Acres Legal Description 39490040007 7.33 GOLDEN GATE EST UNIT 53 TR 1 39490080009 3.44 GOLDEN GATE EST UNIT 53 TR 2 39490120008 3.43 GOLDEN GATE EST UNIT 53 TR 3 OR 1899 PG 1291 39490160000 2.50 GOLDEN GATE EST UNIT 53 E1/2 OF TR 4 39490160107 2.51 GOLDEN GATE EST UNIT 53 W1/2 OF TR 4 39490200009 5.00 GOLDEN GATE EST UNIT 53 TR 5 OR 979 PG 1453 39490240001 4.79 GOLDEN GATE EST UNIT 53 W 150FT OF TR 6 39490280003 5.71 GOLDEN GATE EST UNIT 53 E 180FT OF TR 6 39490320002 5.66 GOLDEN GATE EST UNIT 53 W 180FT OF TR 7 OR 1899 PG 1291 39490360004 4.68 GOLDEN GATE EST UNIT 53 E 150FT OF TR 7 OR 1565 PG 2015 39490400003 1.14 GOLDEN GATE EST UNIT 53 W 75FT OF E 150FT OF TR 8 OR 585 PG 1740 39490440005 2.73 GOLDEN GATE EST UNIT 53 W 180FT OF TR 8 39490480007 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF TR 8 39490520006 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF W 180FT OF TR 9 OR 951 PG 270 35 Packet Pg. 724 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 39490560008 1.59 GOLDEN GATE EST UNIT 53 W 105FT OF TR 9 39490600007 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF TR 9 39490640009 1.14 GOLDEN GATE EST UNIT 53 W 75FT OF E 150FT OF TR 9 OR 1740 PG 1617 39490680001 1.59 GOLDEN GATE EST UNIT 53 E 105FT OF TR 10 OR 1801 PG 734 39490760002 1.14 GOLDEN GATE EST UNIT 53 W 75FT OF TR 10 39490840100 2.73 GOLDEN GATE EST UNIT 53 E1/2 OF TR 11 39490920004 5.52 GOLDEN GATE EST UNIT 53 E 180FT OF TR 12 OR 627 PG 1256 39490960006 2.73 GOLDEN GATE EST UNIT 53 E 90FT OF W 180FT OF TR 13 39491080008 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF W 180FT OF TR 14 39491100001 2.74 GOLDEN GATE EST UNIT 53 W 90FT OF TR 13 2.83AC 39491120007 1.59 GOLDEN GATE EST UNIT 53 W 105FT OF TR 14 OR 597 PG 167 39491200008 1.14 GOLDEN GATE EST UNIT 53 W 75FT OF E 150FT OF TR 15 39491240000 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF W 180FT OF TR 15 39491280002 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF TR 15 OR 492 PG 195 39491320001 1.59 GOLDEN GATE EST UNIT 53 W 105FT OF TR 15 39491360003 5.01 GOLDEN GATE EST UNIT 53 TR 16 39491440004 2.73 GOLDEN GATE EST UNIT 53 E 180FT OF TR 17 OR 396 PG 341 39491520005 4.49 GOLDEN GATE EST UNIT 53 W 150FT OF TR 18 39491680000 1.14 GOLDEN GATE EST UNIT 53 W 75FT OF E 150FT OF TR 20 OR 1453 PG 825 39491720009 2.74 GOLDEN GATE EST UNIT 53 W 180FT OF TR 20 39491800000 2.73 GOLDEN GATE EST UNIT 53 W 180FT OF TR 21 OR 630 PG 662 39491840002 2.28 GOLDEN GATE EST UNIT 53 E 150FT OF TR 21 OR 606 PG 1573 39491880004 5.01 GOLDEN GATE EST UNIT 53 TR 22 39491920003 1.14 GOLDEN GATE EST UNIT 53 W 75FT OF E 180FT OF TR 23 39491960005 2.27 GOLDEN GATE EST UNIT 53 W 150FT OF TR 23 39492000003 1.59 GOLDEN GATE EST UNIT 53 E 105FT OF TR 23 OR 651 PG 1380 39492080007 5.13 GOLDEN GATE EST UNIT 53 E 180FT OF TR 24 39492120006 5.11 GOLDEN GATE EST UNIT 53 W 180FT OF TR 25 39492160008 4.22 GOLDEN GATE EST UNIT 53 E 150FT OF TR 25 OR 299 PG 336 39492200007 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF TR 26 39492240009 1.59 GOLDEN GATE EST UNIT 53 W 105FT OF TR 26 39492280001 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF W 180FT OF TR 26 39492320000 1.14 GOLDEN GATE EST UNIT 53 W 75FT OF E150FT OF TR 26 OR 1397 PG 2231-48 39492360002 1.15 GOLDEN GATE EST UNIT 53 E 75FT OF W 180FT OF TR 27 39492400001 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF TR 27 39492520004 5.02 GOLDEN GATE EST UNIT 53 TR 28 OR 607 PG 1825 39492560006 2.73 GOLDEN GATE EST UNIT 53 E 180FT OF TR 29 39492600005 2.28 GOLDEN GATE EST UNIT 53 W 150FT OF TR 29 OR 351 PG 843 Ku Packet Pg. 725 Conservation Collier Red Maple Swamp Preserve Final Land Management Plan 26.A.10 39492640007 9.16 GOLDEN GATE EST UNIT 53 E 150FT OF TR 25 OR 299 PG 336 39492680009 4.91 GOLDEN GATE EST UNIT 53 W 180FT OF TR 31 39492720008 4.05 GOLDEN GATE EST UNIT 53 E 150FT OF TR 31 39492800009 1.59 GOLDEN GATE EST UNIT 53 W 105FT OF TR 32 39492840001 2.27 GOLDEN GATE EST UNIT 53 E150FT OF TR 32 39492920002 2.73 GOLDEN GATE EST UNIT 53 W 180FT OF TR 33 39492960004 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF TR 33 39493000002 5.01 GOLDEN GATE EST UNIT 53 TR 34 OR 1903 PG 333 39493040004 2.27 GOLDEN GATE EST UNIT 53 W 150FT OF TR 35 OR 651 PG 386 39493080006 2.73 GOLDEN GATE EST UNIT 53 E 180FT OF TR 35 39493120005 4.06 GOLDEN GATE EST UNIT 53 W 150FT OF TR 36 OR 1574 PG 8016 39493200006 2.23 GOLDEN GATE EST UNIT 53 W 180FT OF TR 37, LESS THE S 2.26 AC 39493200103 2.51 GOLDEN GATE EST UNIT 53 W 180FT OF TR 37, LESS THE N 2.5 AC 39493320009 1.58 GOLDEN GATE EST UNIT 53 W 105FT OF TR 38 39493360001 1.15 GOLDEN GATE EST UNIT 53 E 75FT OF W 180FT OF TR 38 39493400000 1.12 GOLDEN GATE EST UNIT 53 W 75FT OF E 150FT OF TR 39 39493440002 1.14 GOLDEN GATE EST UNIT 53 E 75FT OF TR 39 OR 1802 PG 1617 39493480004 1.59 GOLDEN GATE EST UNIT 53 W 105FT OF TR 39 39493520003 1.15 GOLDEN GATE EST UNIT 53 E 75FT OF W 180FT OF TR 39 OR 778 PG 947 39493560005 2.73 GOLDEN GATE EST UNIT 53 TR 41 39493600004 2.29 GOLDEN GATE EST UNIT 53 W 150FT OF TR 40 39493640006 5.00 GOLDEN GATE EST UNIT 53 TR 41 39493760009 4.61 GOLDEN GATE EST UNIT 53 E 180FT OF TR 42 OR 1319 PGS 770 -775 39493800008 4.53 GOLDEN GATE EST UNIT 53 W 180FT OF TR 43 39493840000 3.76 GOLDEN GATE EST UNIT 53 E 150FT OF TR 43 39493880002 8.67 GOLDEN GATE EST UNIT 53 TR 44 OR 1122 PG 133 39540040009 2.29 GOLDEN GATE EST UNIT 53A REPLAT E 150FT OF TR 45 39540080001 2.71 GOLDEN GATE EST UNIT 53A REPLAT W 180FT OF TR 45 OR 1551 PG 1494 39540120000 2.29 GOLDEN GATE EST UNIT 53A E 150 FT OF TR 46 39540160002 1.58 GOLDEN GATE EST UNIT 53A W 105FT OF TR 46 39540200001 1.14 GOLDEN GATE EST UNIT 53A E 75FT OF W 180FT OF TR 46 12.2. Public Meeting Comments and Staff Responses Questions, comments, and concerns from the public meeting will be addressed in this section 37 M N O N ti d c Packet Pg. 726 26.A.11 Conservation Collier Initial Criteria Screening Report Matlalatl, LLC 1 D 0.1 Miles Owner Name: Matlalatl, LLC Size: 2.83 acres Folio Number: 509400038611 50940003845, 50940003829 Staff Report Date: June 7, 2023 (Updated June 7, 2023) Total Score: 246/400 200 160 150 100 88 80 78 80 60 80 50 20 W] of] 0 1 - Ecological Value 2 - Human Value 3 - Restoration and 4 - Vulnerability Management ■Awarded Points ❑Possible Points Packet Pg. 727 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) Table of Contents Tableof Contents......................................................................................................................................... 2 1. Introduction........................................................................................................................................... 4 2. Summary of Property............................................................................................................................ 5 Figure 1 - Parcels Location Overview.......................................................................................................5 Figure2 - Parcels 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 Figure 4 - CLIP4 Priority Natural Communities........................................................................ 13 Figure 5 - Florida Cooperative Land Cover Classification System ............................................ 14 Figure 6 — Coco plum within maritime hammock in western portion ..................................... 15 Figure 7 — Mangrove swamp — disturbed by Hurricane Ian in late September 2022 .............. 15 3.1.2 Wildlife Communities............................................................................................................ 16 Table 4 — Listed Wildlife Detected........................................................................................... 16 Table 5 — Potential Listed Wildlife Species.............................................................................. 16 Figure 8 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................... 17 Figure 9 - CLIP4 Potential Habitat Richness............................................................................. 18 3.1.3 Water Resources................................................................................................................... 19 Figure 10 — Informal Wetland Determination map eastern parcel — provided by Tropical Environmental Consultants..................................................................................................... 20 Figure 11- Informal Wetland Determination map middle parcel — provided by Tropical Environmental Consultants..................................................................................................... 21 Figure 12 - Informal Wetland Determination map western parcel — provided by Tropical EnvironmentalConsultants..................................................................................................... 22 Figure 13 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones ............................ 23 2 Packet Pg. 728 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) Figure 14 - Collier County Soil Survey...................................................................................... 24 Figure 15 LIDAR Elevation Map............................................................................................... 25 3.1.4 Ecosystem Connectivity........................................................................................................ 26 Figure 16 - Conservation Lands............................................................................................... 26 M 3.2 Human Values................................................................................................................................. 27 N 0 N ti 3.2.1 Recreation............................................................................................................................. 27 c 3.2.2 Accessibility 27 3.2.3 Aesthetic/Cultural Enhancement......................................................................................... 27 3.3 Restoration and Management....................................................................................................... 27 r E E 3.3.1 Vegetation Management...................................................................................................... 27 0 U 3.3.1.1 Invasive Vegetation..................................................................................................... 27 0 3.3.1.2 Prescribed Fire............................................................................................................ 27 ->a a 3.3.2 Remediation and Site Security.............................................................................................. 27 0 3.3.3 Assistance.............................................................................................................................. 27 u 2 3.4 Vulnerability.................................................................................................................................... 27 a Q 3.4.1 Zoning and Land Use............................................................................................................. 27 Figure 17—Zonin 28 J Figure 18—Future Land Use.................................................................................................... 29 0 w 3.4.2 Development Plans 30 4. Acquisition Considerations..................................................................................................................30 5. Management Needs and Costs..............................................................................................................31 Table 6 - Estimated Costs of Site Remediation, Improvements, and Management ................ 31 cU) U 6. Potential for Matching Funds.............................................................................................................. 31 7 7. Secondary Criteria Scoring Form......................................................................................................... 32 J 8. Additional Site Photos.........................................................................................................................38 R APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions......................................40 r M 2 3 Packet Pg. 729 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 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 12th acquisition cycle 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. r U r c E t tv a 4 Packet Pg. 730 Initial Criteria Screening Report Owner Names: Matlalatl, LLC 2. Summary of Property 26.A.11 Folio Numbers: 50940003861, 50940003845, 50940003829 Date: June 7, 2023 (Updated June 7, 2023) / SHEFFIELD AVE � BA�AMAAVE n� RA/NBOVV CT pEz OR N 4oG,jyb VILLA CT j O� SAS`! MARCd RD Q casj 7 � J y n� p Z a� �� ■ i w LU Z � r U N COpE� ND DR P Y '9 0 C LU �P co Otter Mound Preserve gy UE F41LL Cf,eEK DR 0 1 2 Miles MATLALATL, LLC WISC parcel 11AA-list Conservation Collier Preserve Other Conservation Areas Figure 1 - Parcels Location Overview CON ATION (� i LLIER Co�Lfi�►- County <; ��� 5 Packet Pg. 731 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) � � •r . � -s.►. fir,• , � • rY + "}.� 7- � x- �•. r�� r'7r' ' ���" rt � 1K. ' �T - �� sir �� MIf .� i7C•- df � - - x Y �` 4 y 1 0 0.1 Miles MATLALATL, LLC CONS# ATION LLIER cAir Ci061nty ' Figure 2 - Parcels Close-up 6 Packet Pg. 732 26.A.11 Initial Criteria Screening Report Owner Names: Matlalatl, LLC 2.1 Summary of Property Information Table 1 — Summary of Property Information Folio Numbers: 50940003861, 50940003845, 50940003829 Date: June 7, 2023 (Updated June 7, 2023) Characteristic Value Comments Name Matlalatl, LLC Matlalatl, LLC Folio Numbers 50940003861, 50940003845, 1079, 1085, and 1091 Blue Hill Creek Dr., Marco 50940003829 Island, FL 34145 Target Protection Area (Ord. 2002-63, Urban Not a Target Protection Mailing Area Section 10.3) Size 2.83 acres 3 parcels Section, Township, 522, T52, R26 Section 22, Township 52, Range 26 and Range Zoning Parcels are part of the Key Marco Planned Unit Category/TDRs/ PUD Development. One home could be constructed on Overlays each lot. AE - Special Flood Hazard Area with a 1% annual flood FEMA Flood Map Mostly AE with some X in SW risk, or a 26% chance of flooding during a 30-year Category corner of property mortgage X - Moderate- to low -risk area Existing structures None Adjoining properties Undeveloped single-family, Undeveloped single-family lots to the east and west, and their Uses conservation, roadway Blue Hill Creek Dr. to the south, and Rookery Bay NERR to the north Development Plans Submitted None Known Property None known Irregularities Other County Dept None known Interest M N O N ti a� c r U r c E t tv a Packet Pg. 733 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) Total Score: 246/400 200 160 150 100 88 80 78 80 50 20 0 1 - Ecological Value 2 - Human Value 3 - Restoration and Management ■ Awarded Points ❑ Possible Points Figure 3 - Secondary Criteria Score 80 60 4 - Vulnerability Criteria Awarded Weighted Points Possible Weighted Points Awarded/Possible Points 1- Ecological Value 88 160 55% 1.1 - Vegetative Communities 43 53 80% 1.2 - Wildlife Communities 24 27 90% 1.3 - Water Resources 8 27 30% 1.4 - Ecosystem Connectivity 13 53 25% 2 - Human Values 20 80 25% 2.1 - Recreation 6 34 17% 2.2 - Accessibility 14 34 42% 2.3 - Aesthetics/Cultural Enhancement 0 11 0% 3 - Restoration and Management 78 80 97% 3.1 - Vegetation Management 55 55 100% 3.2 - Remediation and Site Security 23 23 100% 3.3 - Assistance 0 2 0% 4 - Vulnerability 60 80 75% 4.1 - Zoning and Land Use 58 58 100% 4.2 - Development Plans 2 22 10% Total 246 400 61 Table 2 - Secondary Criteria Score Summary n. Packet Pg. 734 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 2.2 Summary of Assessed Value and Property Cost Estimates The interest being appraised is fee simple "as is" for the purchase of the site. A value of the parcels was 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 Division 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 Matlalatl, LLC property, which has an initial estimated valuation greater than $500,000; 2 independent Real Estate Appraisers will value the subject property and the two appraisal reports will be used to determine the offer made to the seller. Table 3. Assessed & Estimated Value Property owner Address Acreage Assessed EstimatedValue* Value** Matlalatl, LLC 1079, 1085, and 1091 Blue Hill Creek Dr. 2.83 $978,601 TBD * Assessed Value is obtained from the Property Appraiser's Website. The Assessed Value is based off the current use of the property. **The Estimated Value for the Matlalatl, LLC. property will be obtained from the Collier County Real Estate Services Department 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. The parcels are zoned PUD and are within the Key Marco PUD. Each of the three parcels could have 1 single-family home developed on it. a A Packet Pg. 735 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 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 Yes 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: Parcels contain mangrove swamp and maritime hammock with some characteristics of coastal scrub. 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? NO Statement for Satisfaction of Criteria 2: The parcels are within a private community. While access by the public is possible, the community charges $5 per bicycle and $10 per vehicle for access. 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 parcels contain primarily wetlands and most likely hold water during the wet season and storm events. They provide storm surge protection also. 10 Packet Pg. 736 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 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 Statement for Satisfaction of Criteria 4: The upland areas of the parcels contain gopher tortoise burrows. The mangrove and mangrove fringe areas of the parcels provide habitat for listed wading birds. 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? NO Statement for Satisfaction of Criteria 5: The parcels are adjacent to land managed by Rookery Bay National Estuarine Research Reserve. r U r c E t tv a 11 Packet Pg. 737 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 3. Initial Screening Criteria 3.1 Ecological Values 3.1.1 Vegetative Communities The property consists of primarily mangrove swamp wetlands with maritime hammock within the mangrove fringe and some coastal scrub characteristics within the western parcel. A depressional feature dominates the middle of the two eastern parcels and consists of mangrove wetland. The sparse canopy is comprised primarily of black mangrove (Avicennia germinans) with some red mangrove (Rhizophora mangle), buttonwood (Conocarpus erectus), and white mangrove (Laguncularia racemosa). Coinvine (Dalbergia ecastaphyllum) is the dominant midstory plant with no groundcover noted. It appears that high storm surge from Hurricane Ian in September 2022 impacted vegetation within the parcels. Steep slopes exist surrounding the depressional feature, and stressed vegetation is visible high up into these slopes. Dominant canopy within the maritime hammock includes cabbage palm (Saba) palmetto) with some gumbo limbo (Bursera simaruba), strangler fig (Ficus aurea), and live oak (Quercus virginiana) in the highest areas. Midstory is dominated by coco plum (Chrysobalanus icaco). Also present in the midstory is red bay (Persea borbonia), snowberry (Chiococca alba), white indigoberry (Randia aculeata), marlberry (Ardisia escallonioides), cabbage palm. Greenbriar (Smilax sp.), muscadine (Vitis rotundifolia), rouge plant (Rivina humilis), and a type of nutrush, which appears to be tall nutgrass (Scleria triglomerata) are present in the groundcover. In the higher portions of the western parcel, some hogplum (Ximenia americana) and saw palmetto (Serenoa repens) are present alongside the maritime hammock species. Very little invasive, exotic vegetation was observed on site. A few Brazilian pepper (Schinus terebinthifolia) exist along the southeastern edge and very sparse rosary pea (Abrus precatorius) was observed within the interior of the parcels. No listed plant species were observed during the site visit. r U r c E t tv a 12 Packet Pg. 738 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 1' 0 0.1 Q MATLALATL, LLC V CLIP4 Priority Natural J Communities Priority 1 (highest) Priority 2 =� r Priority 3 Priority 4 "0 U r c _ m E CON -Ei;.. ATION LLIER CA.", Coxxty � c.i Figure 4 - CLIP4 Priority Natural Communities 13 Packet Pg. 739 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 1' 0 0.09 CO*Cr County Figure 5 - Florida Cooperative Land Cover Classification System r U r c E t a 14 Packet Pg. 740 Al R P Sr� e 40 l '04 4 AN� 4�11 041" I- ux kJ n�7i. 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 3.1.2 Wildlife Communities These parcels provide some wildlife habitat on their own and provide wildlife habitat enhancement to adjacent lands. Active gopher tortoise burrows were observed within the upland portions of all three parcels. Table 4 — Listed Wildlife Detected Mode of Common Name Scientific Name State Status Federal Status Detection Active burrows Gopher tortoise Gopherus polyphemus Threatened n/A observed Table S — Potential Listed Wildlife Species Common Name Scientific Name State Status FederalStatus Little blue heron Egretta caerulea Threatened Tricolored heron Egretta tricolor Threatened Roseate spoonbill Platalea ajaja Threatened 16 M N 0 N a� c r U r c E t tv a Packet Pg. 742 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) T0 1 Figure 8 - Wildlife Spotiol Data (i.e., telemetry, roosts, etc) 17 Packet Pg. 743 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 1' 0 0.1 E_] MATLALATL, LLC VALUE �, 1 species jT�" 2-4 species 5-6 species J 7 species 8-13 species Figure 9 - CLIP4 Potential Habitat Richness CON E ATION LLIER CAT COMMty 18 M N O N ti N C 3 a Packet Pg. 744 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 3.1.3 Water Resources Acquisition of this property would offer some opportunity for protection of water resource values, including storm surge protection and protection of wetland dependent species habitat. The parcels contain primarily wetlands and would provide habitat for wetland dependent species most of the year. A primary benefit to preserving the parcels in an undeveloped state would be storm surge protection. There is a distinct decline in elevation just north of the road and along the eastern side of the western- most parcel. Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990). Mapped soils are nearly entirely "Paola fine sand, gently rolling" — a nearly level, excessively drained soil that is associated with coastal dunes on Marco Island. The northeast corner is mapped as "Canaveral — Beaches Association" — a nearly level, moderately well drained Canaveral soil found on low ridges and areas of beaches, and a small portion of the northwestern boundary is mapped as "Durbin and Wulfert Mucks, Frequently Flooded" — a level, very poorly drained soil found in tidal mangrove swamps. r U r c E t tv a 19 Packet Pg. 745 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) Upland -Wetland Determination Map approximate- subject to agency verification) 7 U r c E t tv a Figure 10 — Informal Wetland Determination map eastern parcel — provided by Tropical Environmental Consultants 20 Packet Pg. 746 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) Upland -Wetland Determination Map approximate- subject to agency verification} 7 U r c E t tv a Figure 11 - Informal Wetland Determination map middle parcel — provided by Tropical Environmental Consultants 21 Packet Pg. 747 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) Upland -Wetland Determination Map (approximate- subject to agency verification) a Figure 12 - Informal Wetland Determination map western parcel — provided by Tropical Environmental Consultants 22 Packet Pg. 748 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 1' 0 0.3 MATLALATL, LLC Wellfield Protection Zones 1-YEAR 2-YEAR 5-YEAR _ _ = 20-YEAR CLIP4 Aquifer Recharge Priority 1- HIGHEST Priority 2 Priority 3 Priority 4 Priority 5 Priority 6 Figure 13 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones COAIRATION Cow sty. 23 M N O N ti N C 3 a Packet Pg. 749 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 1' 0 0.095 MATLALATL, LLC Soil Type CANAVERAL-BEACHES ® ASSOCIATION DURBIN AND WULFERT MUCKS, FREQUENTLY FLOODED PAOLA FINE SAND, 1 TO 8 PCT SLOPES 6 - WATER r c m CON E-R ATION C LLIER c.i Co er County 'F a Figure 14 - Collier County Soil Survey 24 Packet Pg. 750 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 1' 0 0.095 MATLALATL, LLC LIDAR Value High : 104.644 Low :-4.11745 e�.��E rl U Cot[fer county Figure 15 LIDAR Elevation Mop as CON ERWATION a 25 Packet Pg. 751 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 3.1.4 Ecosystem Connectivity These parcels are adjacent to Rookery Bay National Estuarine Research Reserve. / SNEFFIELDAVE- [� RRpy8 �$'pti1P�PP�E �G Oyy1 Cr to O VILLACT Opvm SAN MARCO RD x � ��4 mI �z a� 0 w r [) N cop��Ako dR rn �o w Otter Mound Preserve SLOE N14L GREEK pR 0 1 2 MATLALATL, LLC WISC parcel 11AA-list - iconservation Collier Preserve Other Conservation Areas Figure 16 - Conservation Lands CCON ATION LLIER o[[%r County 26 Packet Pg. 752 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 3.2 Human Values 3.2.1 Recreation These parcels are primarily wetland, and their size would not lend itself to a boardwalk. The limited uplands within the parcels would be inappropriate for a trail system do to the sensitive nature of the habitat and the existence of gopher tortoise. 3.2.2 Accessibility The parcels can be accessed via Blue Hill Creek Dr. This road has a security gate that would limit public access to bicycles for a fee of $5 and to vehicles for a fee of $10. 3.2.3 Aesthetic/Cultural Enhancement The parcels are visible from Whiskey Creek Dr. 3.3 Restoration and Management 3.3.1 Vegetation Management 3.3.1.1 Invasive Vegetation Very sparse exotic vegetation exists within the parcel. A few Brazilian pepper along the southern boundary and sparse patches of rosary pea. 3.3.1.2 Prescribed Fire The parcels do not contain fire dependent communities, therefore prescribed fire would not be recommended. 3.3.2 Remediation and Site Security No site security issues appear to exist within the parcels. 3.3.3 Assistance Staff does not anticipate management assistance from other agencies. 3.4 Vulnerability 3.4.1 Zoning and Land Use The parcels are zoned PUD and, per the Deltona Settlement Agreement, are within the 142 acres of the Key Marco Development to be utilized for development purposes. Another 662 acres of the development have been retained for preservation under the Settlement Agreement. r U r c E t tv a 27 Packet Pg. 753 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) e 0 a E R cc � °� as '� '• °` � y 2 � � � r$ - J W r1 W f o E E o $ E .� �¢ C Figure 17 —Zoning a 28 Packet Pg. 754 Initial Criteria Screening Report Folio Numbers: 50940386t 50940003845, 50940003829 Owner Names: 9 kQ Q% EL Date: June % 2023 (UpdatedJune % ZOZ% L |! §■ � � §)| ■!J ƒ�|! 2 z� |I � |§ | Eli!! / Figure 18 —Future land Use 2 29 Packet Pg. 755 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 3.4.2 Development Plans The property is not currently planned for development. 4. Acquisition Considerations Staff would like to bring the following items to the attention of the Advisory Committee during the c review of this property. The following items may not have significantly affected the scoring but are `" worth noting. c The parcels, per the Deltona Settlement Agreement, are within the 142 acres of the Key Marco Development to be utilized for development purposes. The Key Marco Community Association Declaration and Bylaws outlining the use restrictions on residential lots, state that residential lots in W Key Marco are not permitted to become recreational areas and are only for residential uses. Creating a c public preserve on the lots would be a violation of the covenants and would be enforceable by the v Association. The Key Marco documents only contemplate recreational areas or native habitat parks for common areas — and not on lots. Section 5.2 of the Declaration below specifically provides that all portions of the property except common areas must be used for residential purposes. As a result, any attempt to convert lots into recreational areas or public park areas would violate the Declaration, as these uses are not residential uses. Specifically, Section 5.2 provides: 5.2 Residential Prot)". All portions/of the Property, unless designated as Common Areas including, but not limited to, Dockage Slips, or" l or�otker designated uses) in an amendment to this Declaration, shall constitute residential property;Xo retail or wholesale sales operation of any nature may be carried on in the Property, except ror (a) the'corrst' W tion, development and sale of the Lots, (b) direct accessory services to the Lots or to residero it mks such as utilities or Lot and. Home maintenance, (c) accessory amenity services to any Reere�i n/Native Habitat Park/Open Space Area, including, but not limited to, dockmaster facilities..and.,M) such other services as the Board shall by written consent them appropriate. All Improvements oe Property shall be constructed in accordance with the Site Plan.. Additionally, should Conservation Collier acquire these three parcels within the Key Marco Community, the Program would be subject to an annual Home Owner's Association (HOA fee of $6,200 per lot, or $18,600 and possibly an annual Community Development District (CDD) fee of $1,600 per lot, or $4,800. Q 30 Packet Pg. 756 Initial Criteria Screening Report Owner Names: Matlalatl, LLC 5. Management Needs and Costs 26.A.11 Folio Numbers: 50940003861, 50940003845, 50940003829 Date: June 7, 2023 (Updated June 7, 2023) Table 6 - Estimated Costs of Site Remediation, Improvements, and Management Annual Management Initial Recurring Comments Element Cost Cost Invasive Initial cost estimated at $200/acre with recurring estimated Vegetation $570 $280 at $100/acre based on minimal exotics. Removal Signage $200 n/a HOA fee $18,600 $18,600 Annual fee is $6,200 per lot Annual fee is $1,600 per lot; fee may not be required as it is CDD fee $4,800 $4,800 a tax; however, fee will then be passed on to remaining lot owners for maintenance of infrastructure TOTAL $24,170 $23,680 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. This property would not be a good candidate for FCT funding. Florida Forever Program: Although these parcels are within a Florida Forever Program boundary, because of their individual size, the State will not pursue their acquisition. Additional Funding Sources: There is potential for partnership with the CREW Land and Water Trust to facilitate acquisition. r U r c E t tv a 31 Packet Pg. 757 26.A.11 Initial Criteria Screening Report Owner Names: Matlalatl, LLC 7. Secondary Criteria Scoring Form Folio Numbers: 50940003861, 50940003845, 50940003829 Date: June 7, 2023 (Updated June 7, 2023) Property Name: Matlalatl LLC Target Protection Mailing Area: N/A Folio(s): 50940003861, 50940003845, 50940003829 Secondary Criteria Scoring Possible Points Awarded Points percentage 1 - Ecological Value 160 88 55 2 - Human Value 80 20 25 3 - Restoration and Management 80 78 97 4 - Vulnerability 80 60 1 75 TOTAL SCORE 400 246 61 111�1 - ECOLOGICAL VALUES (40% of total) Possible Awarded Comments Points Points 1.1 VEGETATIVE COMMUNITIES 11-1.1 200 160 -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 - 100 100 Maritime Coastal Berm, 1630 - Coastal Grasslands, 1640 - Coastal Strand, or Hammock 1650 - Maritime Hammock) 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 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 Maritime b. Parcel has <_ 2 CLC native plant communities 10 10 Hammock; Mangrove 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 C. Parcel has <_ 2 CLC listed plant species 10 d. Parcel has 0 CLC listed plant species 0 0 None observed 1.1.4 - Invasive Plant Infestation (Select highest score) a. 0 - 10% infestation 50 50 very low b. 10 - 25% infestation 40 32 Q Packet Pg. 758 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 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 gopher tortoise 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 Not a large amount of habitat, but adjacent to Rookery Bay c. Parcel does not enhance significant wildlife habitat 0 1.3 - WATER RESOURCES 100 30 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 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 10 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 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 33 M N O N ti a� c r U r c m E a Packet Pg. 759 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) d. Parcel does not provide floodplain management benefits 0 1.4 - ECOSYSTEM CONNECTIVITY 200 50 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 e. Parcel is < 10 acres 0 0 1.4.2 - Connectivity (Select highest score) a. Parcel is immediately contiguous with conservation lands 50 50 RBNERR 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 600 330 ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible Points*160) 160 88 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 50 2.2.1 - Seasonality (Select the highest score) a. Parcel accessible for land -based recreation year round 20 20 b. Parcel accessible for land -based recreation seasonally 10 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 b. Public access via unpaved road 30 c. Public access via private road 20 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 34 Q Packet Pg. 760 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 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 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 0 2.3.1- Aesthetic/cultural value (Choose all that apply) a. Mature/outstanding native vegetation 5 b. Scenic vistas 5 c. Frontage enhances aesthetics of public thoroughfare 10 d. Archaeological/historical structures present 15 e. Other (Please describe) 5 f. None 0 0 HUMAN VALUES TOTAL SCORE 280 70 HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 20 3 - RESTORATION AND MANAGEMENT (20%) Possible Awarded Comments Points Points 3.1 -VEGETATION MANAGEMENT 120 120 3.1.1- Invasive plant management needs (Select the highest score) a few Brazilian a. Minimal invasive/nuisance plant management necessary to peppers and restore and maintain native plant communities (<30%) 100 100 some rosary pea 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 not fire compatible with prescribed fire or parcel does not contain fire 20 20 dependant dependent plant communities 35 M N O N ti a� c a Packet Pg. 761 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) b. Parcel contains fire dependent plant communities and is 0 incompatible with prescribed fire 3.2 - REMEDIATION AND SITE SECURITY 50 50 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 50 b. Moderate site remediation or human conflict issues predicted 20 (Please describe) c. Major site remediation or human conflict issues predicted 5 (Please describe) 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 175 170 RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded 80 78 Points/Possible Points*80) 4 - VULNERABILITY (20%) Possible Awarded Comments Points Points 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 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 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 5 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 36 M N 0 N ti a� c a Packet Pg. 762 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 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 c. Parcel is >10 acres 5 d. Parcel is within 1 mile of a current or planned commercial or 5 5 multi -unit residential development VULNERABILITY TOTAL SCORE 180 135 VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible 80 60 Points*80) Q 37 Packet Pg. 763 l • +Y ,,:,cam 4�.' ON. a i 'l I� ; ,�, Y� "e 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) View of parcels along Blue Hill Creek Dr. Thick coco plum in maritime hammock area Marlberry Mangroves disturbed by Hurricane Ian 39 Packet Pg. 765 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) 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. Fieure 4 - CLIP4 Prioritv 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. Fieure 9 - Potential Habitat Richness CLIP4 Ma 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 v identify areas of overlapping vertebrate species habitat. FWC created a statewide potential habitat r 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 Q the model is 13. 40 Packet Pg. 766 26.A.11 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 (Updated June 7, 2023) Figure 13 - 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. 41 M N 0 N W a r U r c E t tv a Packet Pg. 767 26.A.12 Conservation Collier Initial Criteria Screening Report Matlalatl, LLC 1 0 0.1 Miles Owner Name: Matlalatl, LLC Size: 2.83 acres Folio Number: 50940003861, 50940003845, 50940003829 Staff Report Date: June 7, 2023 Total Score: 277/400 200 150 160 100 88 80 78 80 91 80 50 2p 0 1- Ecological Value 2 - Human Value 3 - Restoration and 4 - Vulnerability Management ■ Awarded Points ❑ Possible Points Packet Pg. 768 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 Table of Contents Tableof Contents......................................................................................................................................... 2 1. Introduction........................................................................................................................................... 4 2. Summary of Property............................................................................................................................ 5 Figure 1 - Parcels Location Overview.................................................................................................. Figure2 - Parcels Close-up.................................................................................................................. 2.1 Summary of Property Information............................................................................................... Table 1— Summary of Property Information................................................................................ Figure 3 - Secondary Criteria Score............................................................................................... Table 2 - Secondary Criteria Score Summary................................................................................ 2.2 Summary of Assessed Value and Property Cost Estimates......................................................... Table 3. Assessed & Estimated Value........................................................................................... 2.2.1 Zoning, Growth Management and Conservation Overlays ............................................... 2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10).................................................... 3. Initial Screening Criteria......................................................................................................................12 3.1 Ecological Values........................................................................................................................... 3.1.1 Vegetative Communities..................................................................................................... Figure 4 - CLIP4 Priority Natural Communities...................................................................... Figure 5 - Florida Cooperative Land Cover Classification System .......................................... Figure 6—Coco plum within maritime hammock in western portion ................................... Figure 7 — Mangrove swamp — disturbed by Hurricane Ian in late September 2022 ............ 3.1.2 Wildlife Communities.......................................................................................................... Table 4 — Listed Wildlife Detected......................................................................................... Table 5 — Potential Listed Wildlife Species............................................................................ Figure 8 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................. Figure 9 - CLIP4 Potential Habitat Richness............................................................................ 3.1.3 Water Resources.................................................................................................................. Figure 10 — Informal Wetland Determination map eastern parcel — provided by Tropical Environmental Consultants.................................................................................................... Figure 11- Informal Wetland Determination map middle parcel — provided by Tropical Environmental Consultants.................................................................................................... Figure 12 - Informal Wetland Determination map western parcel — provided by Tropical EnvironmentalConsultants................................................................................................... Figure 13 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones .......................... 5 6 7 7 8 8 9 9 9 .. 10 12 12 13 14 15 15 16 16 16 17 18 19 20 21 22 23 2 Packet Pg. 769 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 Figure 14 - Collier County Soil Survey...................................................................................... 24 Figure 15 LIDAR Elevation Map............................................................................................... 25 3.1.4 Ecosystem Connectivity........................................................................................................ 26 Figure 16 - Conservation Lands............................................................................................... 26 3.2 Human Values................................................................................................................................. 27 3.2.1 Recreation............................................................................................................................. 27 3.2.2 Accessibility........................................................................................................................... 27 3.2.3 Aesthetic/Cultural Enhancement......................................................................................... 27 3.3 Restoration and Management....................................................................................................... 27 3.3.1 Vegetation Management...................................................................................................... 27 3.3.1.1 Invasive Vegetation..................................................................................................... 27 3.3.1.2 Prescribed Fire............................................................................................................ 27 3.3.2 Remediation and Site Security.............................................................................................. 27 3.3.3 Assistance.............................................................................................................................. 27 3.4 Vulnerability.................................................................................................................................... 27 3.4.1 Zoning and Land Use............................................................................................................. 27 Figure17—Zoning................................................................................................................... 28 Figure 18—Future Land Use.................................................................................................... 29 3.4.2 Development Plans............................................................................................................... 30 4. Acquisition Considerations..................................................................................................................30 5. Management Needs and Costs..............................................................................................................31 Table 6 - Estimated Costs of Site Remediation, Improvements, and Management ................ 31 6. Potential for Matching Funds.............................................................................................................. 31 7. Secondary Criteria Scoring Form......................................................................................................... 32 8. Additional Site Photos.........................................................................................................................38 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions......................................40 3 Packet Pg. 770 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 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 12th acquisition cycle 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. Q 4 Packet Pg. 771 Initial Criteria Screening Report Owner Names: Matlalatl, LLC 2. Summary of Property 26.A.12 Folio Numbers: 50940003861, 50940003845, 50940003829 Date: June 7, 2023 / SHEFFIELD AVE � BA�AMAAVE n� RA/NBOVV COR T pEz Ln 4oG,jyb a VILLA CT j �� SAN MA RCO RD Q _ �j 7 � J y Y1 = n� 0 Z a� �� ■ ni\ \ i w LU Z � r U N COpE�A ND DR 4 0. U '9 0 C LU �P co Otter Mound Preserve gy UE F41LL C?,E0, DR 0 1 2 Miles MATLALATL, LLC WISC parcel 11AA-list Conservation Collier Preserve Other Conservation Areas Figure 1 - Parcels Location Overview CON AT10N LLIEK Co�(� i Lfi�►- County <; ��� 5 Packet Pg. 772 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, S0940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 0.1 Figure 2 - Parcels Close-up 6 Packet Pg. 773 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 2.1 Summary of Property Information Table 1 — Summary of Property Information Characteristic Value Comments Name Matlalatl, LLC Matlalatl, LLC Folio Numbers 50940003861, 50940003845, 1079, 1085, and 1091 Blue Hill Creek Dr., Marco 50940003829 Island, FL 34145 Target Protection Area (Ord. 2002-63, Urban Not a Target Protection Mailing Area Section 10.3) Size 2.83 acres 3 parcels Section, Township, 522, T52, R26 Section 22, Township 52, Range 26 and Range Zoning Parcels are part of the Key Marco Planned Unit Category/TDRs/ PUD Development. One home could be constructed on Overlays each lot. AE - Special Flood Hazard Area with a 1% annual flood FEMA Flood Map Mostly AE with some X in SW risk, or a 26% chance of flooding during a 30-year Category corner of property mortgage X - Moderate- to low -risk area Existing structures None Adjoining properties Undeveloped single-family, Undeveloped single-family lots to the east and west, and their Uses conservation, roadway Blue Hill Creek Dr. to the south, and Rookery Bay NERR to the north Development Plans Submitted None Known Property None known Irregularities Other County Dept None known Interest Q Packet Pg. 774 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 Total Score: 277/400 200 160 150 100 88 80 78 80 50 20 0 1 - Ecological 2 - Human Value 3 - Restoration Value and Management ■ Awarded Points ❑ Possible Points Figure 3 - Secondary Criteria Score 91 80 4 - Vulnerability Criteria Awarded Weighted Points Possible Weighted Points Awarded/Possible Points 1- Ecological Value 88 160 55% 1.1- Vegetative Communities 43 53 80% 1.2 - Wildlife Communities 24 27 90% 1.3 - Water Resources 8 27 30% 1.4 - Ecosystem Connectivity 13 53 25% 2 - Human Values 20 80 25% 2.1 - Recreation 6 34 17% 2.2 - Accessibility 14 34 42% 2.3 - Aesthetics/Cultural Enhancement 0 11 0% 3 - Restoration and Management 78 80 97% 3.1- Vegetation Management 55 55 100% 3.2 - Remediation and Site Security 23 23 100% 3.3 - Assistance 0 2 0% 4 - Vulnerability 91 80 114% 4.1 - Zoning and Land Use 89 58 154% 4.2 - Development Plans 2 22 10% Total 277 400 69% Table 2 - Secondary Criteria Score Summary Packet Pg. 775 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 2.2 Summary of Assessed Value and Property Cost Estimates The interest being appraised is fee simple "as is" for the purchase of the site. A value of the parcels was 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 Division 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 Matlalatl, LLC property, which has an initial estimated valuation greater than $500,000; 2 independent Real Estate Appraisers will value the subject property and the two appraisal reports will be used to determine the offer made to the seller. Table 3. Assessed & Estimated Value Property owner Address Acreage Assessed EstimatedValue* Value** Matlalatl, LLC 1079, 1085, and 1091 Blue Hill Creek Dr. 2.83 $978,601 TBD * Assessed Value is obtained from the Property Appraiser's Website. The Assessed Value is based off the current use of the property. **The Estimated Value for the Matlalatl, LLC. property will be obtained from the Collier County Real Estate Services Department 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. The parcels are zoned PUD and are within the Key Marco PUD. Each of the three parcels could have 1 single-family home developed on it. Q 0 Packet Pg. 776 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 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 Yes 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: Parcels contain mangrove swamp and maritime hammock with some characteristics of coastal scrub. 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? NO Statement for Satisfaction of Criteria 2: The parcels are within a private community. While access by the public is possible, the community charges $5 per bicycle and $10 per vehicle for access. 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 parcels contain primarily wetlands and most likely hold water during the wet season and storm events. They provide storm surge protection also. 10 Packet Pg. 777 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, S0940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 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 Statement for Satisfaction of Criteria 4: The upland areas of the parcels contain gopher tortoise burrows. The mangrove and mangrove fringe areas of the parcels provide habitat for listed wading birds. 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? NO Statement for Satisfaction of Criteria 5: The parcels are adjacent to land managed by Rookery Bay National Estuarine Research Reserve. U w c d E t v R a 11 Packet Pg. 778 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 3. Initial Screening Criteria 3.1 Ecological Values 3.1.1 Vegetative Communities The property consists of primarily mangrove swamp wetlands with maritime hammock within the mangrove fringe and some coastal scrub characteristics within the western parcel. A depressional feature dominates the middle of the two eastern parcels and consists of mangrove wetland. The sparse canopy is comprised primarily of black mangrove (Avicennia germinans) with some red mangrove (Rhizophora mangle), buttonwood (Conocarpus erectus), and white mangrove (Laguncularia racemosa). Coinvine (Dalbergia ecastaphyllum) is the dominant midstory plant with no groundcover noted. It appears that high storm surge from Hurricane Ian in September 2022 impacted vegetation within the parcels. Steep slopes exist surrounding the depressional feature, and stressed vegetation is visible high up into these slopes. Dominant canopy within the maritime hammock includes cabbage palm (Saba) palmetto) with some gumbo limbo (Bursera simaruba), strangler fig (Ficus aurea), and live oak (Quercus virginiana) in the highest areas. Midstory is dominated by coco plum (Chrysobalanus icaco). Also present in the midstory is red bay (Persea borbonia), snowberry (Chiococca alba), white indigoberry (Randia aculeata), marlberry (Ardisia escallonioides), cabbage palm. Greenbriar (Smilax sp.), muscadine (Vitis rotundifolia), rouge plant (Rivina humilis), and a type of nutrush, which appears to be tall nutgrass (Scleria triglomerata) are present in the groundcover. In the higher portions of the western parcel, some hogplum (Ximenia americana) and saw palmetto (Serenoa repens) are present alongside the maritime hammock species. Very little invasive, exotic vegetation was observed on site. A few Brazilian pepper (Schinus terebinthifolia) exist along the southeastern edge and very sparse rosary pea (Abrus precatorius) was observed within the interior of the parcels. No listed plant species were observed during the site visit. Q 12 Packet Pg. 779 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 1' 0 0.1 Q MATLALATL, LLC CLIP4 Priority Natural Communities Priority 1 (highest) Priority 2 Priority 3 Priority 4 Figure 4 - CLIP4 Priority Natural Communities N U U J J �a .r M ' U c a� E t CON E . ATION LLIER coin c.,.ty;� 13 Packet Pg. 780 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 1' 0 0.09 MATLALATL, LLC Land Cover Estuarine Mangrove Swamp Rural Structures Scrub Transportation Figure 5 - Florida Cooperative Land Cover Classification System CON E-R ATION C LL" �F a Co Cr County 14 N U V J J Ta .r M Q Packet Pg. 781 41 yy Yd a r � a3�,,l., !a' JNAVA 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 3.1.2 Wildlife Communities These parcels provide some wildlife habitat on their own and provide wildlife habitat enhancement to adjacent lands. Active gopher tortoise burrows were observed within the upland portions of all three parcels. Table 4 — Listed Wildlife Detected Mode of Common Name Scientific Name State Status Federal Status Detection Active burrows Gopher tortoise Gopherus polyphemus Threatened n/A observed Table S — Potential Listed Wildlife Species Common Name Scientific Name State Status FederalStatus Little blue heron Egretta caerulea Threatened Tricolored heron Egretta tricolor Threatened Roseate spoonbill Platalea ajaja Threatened Q 16 Packet Pg. 783 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 T0 1 Figure 8 - Wildlife Spotiol Data (i.e., telemetry, roosts, etc) 17 Packet Pg. 784 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 1' 0 0.1 E_] MATLALATL, LLC VALUE �, 1 species jT�" 2-4 species 5-6 species J 7 species 8-13 species Figure 9 - CLIP4 Potential Habitat Richness CON E ATION LLIER Collier County a 18 N U V J J 7a .r M Q Packet Pg. 785 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 3.1.3 Water Resources Acquisition of this property would offer some opportunity for protection of water resource values, including storm surge protection and protection of wetland dependent species habitat. The parcels contain primarily wetlands and would provide habitat for wetland dependent species most of the year. A primary benefit to preserving the parcels in an undeveloped state would be storm surge protection. There is a distinct decline in elevation just north of the road and along the eastern side of the western- most parcel. Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990). Mapped soils are nearly entirely "Paola fine sand, gently rolling" — a nearly level, excessively drained soil that is associated with coastal dunes on Marco Island. The northeast corner is mapped as "Canaveral — Beaches Association" — a nearly level, moderately well drained Canaveral soil found on low ridges and areas of beaches, and a small portion of the northwestern boundary is mapped as "Durbin and Wulfert Mucks, Frequently Flooded" — a level, very poorly drained soil found in tidal mangrove swamps. Q 19 Packet Pg. 786 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 Upland -Wetland Determination Map approximate- subject to agency verification} Q Figure 10 — Informal Wetland Determination map eastern parcel — provided by Tropical Environmental Consultants 20 Packet Pg. 787 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 Upland -Wetland Determination Map approximate- subject to agency verification} Q Figure 11 - Informal Wetland Determination map middle parcel — provided by Tropical Environmental Consultants 21 Packet Pg. 788 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 Upland -Wetland Determination Map (approximate- subject to agency verification) M N O N ti N C 7 7 Q Figure 12 - Informal Wetland Determination mop western parcel — provided by Tropical Environmental Consultants 22 Packet Pg. 789 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 1' 0 0.3 MATLALATL, LLC Wellfield Protection Zones 1-YEAR 2-YEAR 5-YEAR _ = 20-YEAR CLIP4 Aquifer Recharge Priority 1- HIGHEST Priority 2 Priority 3 Priority 4 Priority 5 Priority 6 Figure 13 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones COAIRATION Cow sty. 23 N U V J J �a .r M 2 Q Packet Pg. 790 26.A.12 Initial Criteria Screening Report Folio Numbers: S0940003861, S094000384S, S0940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 1' 0 0.095 MATLALATL, LLC Soil Type CANAVERAL-BEACHES ASSOCIATION DURBIN AND WULFERT MUCKS, FREQUENTLY FLOODED PAOLA FINE SAND, 1 TO 8 PCT SLOPES - WATER Figure 14 - Collier County Soil Survey CON E-R ATION C LL" CA.", cm�cy F ' 24 W Cn U U J J M M Q Packet Pg. 791 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 1' 0 0.095 MATLALATL, LLC LIDAR Value High : 104.644 Low :-4.11745 r U c E t v CON ERIIATION C LCIER Co er County Figure 15 LIDAR Elevation Map 25 Packet Pg. 792 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 3.1.4 Ecosystem Connectivity These parcels are adjacent to Rookery Bay National Estuarine Research Reserve. / SNEFFIELDAVE- [� RRpy8 �$'pti1P�PP�E �G Oyy1 Cr to O VILLACT Opvm SAN MARCO RD x � ��4 mI �< a� 0 w r [) N cop���o DR oLU 69 �o w � � Otter Mound Preserve SLOE N14L GREEK pR t0 1 2 001 Miles MATLALATL, LLC WISC parcel 11AA-list - �'IConservation Collier Preserve Other Conservation Areas Figure 16 - Conservation Lands CCON ATION LLIER o[[%r County 26 Packet Pg. 793 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 3.2 Human Values 3.2.1 Recreation These parcels are primarily wetland, and their size would not lend itself to a boardwalk. The limited uplands within the parcels would be inappropriate for a trail system do to the sensitive nature of the habitat and the existence of gopher tortoise. 3.2.2 Accessibility The parcels can be accessed via Blue Hill Creek Dr. This road has a security gate that would limit public access to bicycles for a fee of $5 and to vehicles for a fee of $10. 3.2.3 Aesthetic/Cultural Enhancement The parcels are visible from Whiskey Creek Dr. 3.3 Restoration and Management 3.3.1 Vegetation Management 3.3.1.1 Invasive Vegetation Very sparse exotic vegetation exists within the parcel. A few Brazilian pepper along the southern boundary and sparse patches of rosary pea. 3.3.1.2 Prescribed Fire The parcels do not contain fire dependent communities, therefore prescribed fire would not be recommended. 3.3.2 Remediation and Site Security No site security issues appear to exist within the parcels. 3.3.3 Assistance Staff does not anticipate management assistance from other agencies. 3.4 Vulnerability 3.4.1 Zoning and Land Use The parcels are zoned PUD and, per the Deltona Settlement Agreement, are within the 142 acres of the Key Marco Development to be utilized for development purposes. Another 662 acres of the development have been retained for preservation under the Settlement Agreement. Q 27 Packet Pg. 794 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 MM e 0 a E R LL LL Imogene --le pill - J W r1 W V 'o � V E E c EE $ .� �' i• � U t� a vi C 5 v $ Figure 17 —Zoning a 28 Packet Pg. 795 Initial Criteria Screening Report Folio Numbers: 50940386t 50940003845, 50940003829 Owner Names: 9 kQ Q% EL Date: June % 2023 |! §! � U _j — � 2 z� k f �\I/ 2 Figure 18 —Future lord Use 29 Packet Pg. 796 2li.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 3.4.2 Development Plans The property is not currently planned for development. 4. Acquisition Considerations Staff would like to bring the following items to the attention of the Advisory Committee during the review of this property. The following items may not have significantly affected the scoring but are worth noting. The parcels, per the Deltona Settlement Agreement, are within the 142 acres of the Key Marco Development to be utilized for development purposes. The Key Marco Community Association Declaration and Bylaws outlining the use restrictions on residential lots, state that residential lots in Key Marco are not permitted to become recreational areas and are only for residential uses. Creating a public preserve on the lots would be a violation of the covenants and would be enforceable by the Association. The Key Marco documents only contemplate recreational areas or native habitat parks for common areas — and not on lots. Section 5.2 of the Declaration below specifically provides that all portions of the property except common areas must be used for residential purposes. As a result, any attempt to convert lots into recreational areas or public park areas would violate the Declaration, as these uses are not residential uses. Specifically, Section 5.2 provides: 5.2 Residential Prot". All portionslof the Property, unless designated as Common Areas including, but not limited to, Dockage Slips, or`I`oruger designated use(s) in an amendment to this Declaration, shall constitute residential property;•A�To retail or wholesale sales operation of any nature may be carried on in the Property, except ror (a) the'const' W tion, development and sale of the Lots, (b) direct accessory services to the Lots or to residero it mks such as utilities or Lot and. Home maintenance, (c) accessory amenity services to any Reere�i n/Native Habitat Park/Open Space Area, including, but not limited to, dockmaster facilities..and,M) such other services as the Board shall by written consent them appropriate. All Improvements oe Property shall be constructed in accordance with the Site Plan.. Additionally, should Conservation Collier acquire these three parcels within the Key Marco Community, the Program would be subject to an annual Home Owner's Association (HOA fee of $6,200 per lot, or $18,600 and possibly an annual Community Development District (CDD) fee of $1,600 per lot, or $4,800. Q 30 Packet Pg. 797 Initial Criteria Screening Report Owner Names: Matlalatl, LLC 5. Management Needs and Costs 26.A.12 Folio Numbers: 50940003861, 50940003845, 50940003829 Date: June 7, 2023 Table 6 - Estimated Costs of Site Remediation, Improvements, and Management Annual Management Initial Recurring Comments Element Cost Cost Invasive Initial cost estimated at $200/acre with recurring estimated Vegetation $570 $280 at $100/acre based on minimal exotics. Removal Signage $200 n/a HOA fee $18,600 $18,600 Annual fee is $6,200 per lot Annual fee is $1,600 per lot; fee may not be required as it is CDD fee $4,800 $4,800 a tax; however, fee will then be passed on to remaining lot owners for maintenance of infrastructure TOTAL $24,170 $23,680 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. This property would not be a good candidate for FCT funding. Florida Forever Program: Although these parcels are within a Florida Forever Program boundary, because of their individual size, the State will not pursue their acquisition. Additional Funding Sources: There is potential for partnership with the CREW Land and Water Trust to facilitate acquisition. Q 31 Packet Pg. 798 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 7. Secondary Criteria Scoring Form Property Name: Matlalatl LLC Target Protection Mailing Area: N/A Folio(s): 50940003861, 50940003845, 50940003829 Secondary Criteria Scoring Possible Points Awarded Points percentage 1 - Ecological Value 160 88 55 2 - Human Value 80 20 25 3 - Restoration and Management 80 78 97 4 - Vulnerability 80 91 114 TOTAL SCORE 400 277 69 111�1 - ECOLOGICAL VALUES (40% of total) Possible Awarded Comments Points Points 1.1 VEGETATIVE COMMUNITIES 11-1.1 200 160 -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 - 100 100 Maritime Coastal Berm, 1630 - Coastal Grasslands, 1640 - Coastal Strand, or Hammock 1650 - Maritime Hammock) 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 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 Maritime b. Parcel has <_ 2 CLC native plant communities 10 10 Hammock; Mangrove 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 c. Parcel has <_ 2 CLC listed plant species 10 d. Parcel has 0 CLC listed plant species 0 0 None observed 1.1.4 - Invasive Plant Infestation (Select highest score) a. 0 - 10% infestation 50 50 very low b. 10 - 25% infestation 40 32 W co U U J J r M M c m E Q Packet Pg. 799 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 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 gopher tortoise 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 Not a large amount of habitat, but adjacent to Rookery Bay c. Parcel does not enhance significant wildlife habitat 0 1.3 - WATER RESOURCES 100 30 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 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 10 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 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 33 Q Packet Pg. 800 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 d. Parcel does not provide floodplain management benefits 0 1.4 - ECOSYSTEM CONNECTIVITY 200 50 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 e. Parcel is < 10 acres 0 0 1.4.2 - Connectivity (Select highest score) a. Parcel is immediately contiguous with conservation lands 50 50 RBNERR 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 600 330 ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible Points*160) 160 88 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 50 2.2.1 - Seasonality (Select the highest score) a. Parcel accessible for land -based recreation year round 20 20 b. Parcel accessible for land -based recreation seasonally 10 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 b. Public access via unpaved road 30 c. Public access via private road 20 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 34 M N 0 N ti d c n W co U U J J c m E Q Packet Pg. 801 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 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 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 0 2.3.1- Aesthetic/cultural value (Choose all that apply) a. Mature/outstanding native vegetation 5 b. Scenic vistas 5 c. Frontage enhances aesthetics of public thoroughfare 10 d. Archaeological/historical structures present 15 e. Other (Please describe) 5 f. None 0 0 HUMAN VALUES TOTAL SCORE 280 70 HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 20 3 - RESTORATION AND MANAGEMENT (20%) Possible Awarded Comments Points Points 3.1 -VEGETATION MANAGEMENT 120 120 3.1.1- Invasive plant management needs (Select the highest score) a few Brazilian a. Minimal invasive/nuisance plant management necessary to peppers and restore and maintain native plant communities (<30%) 100 100 some rosary pea 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 not fire compatible with prescribed fire or parcel does not contain fire 20 20 dependant dependent plant communities 35 a Packet Pg. 802 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 b. Parcel contains fire dependent plant communities and is 0 incompatible with prescribed fire 3.2 - REMEDIATION AND SITE SECURITY 50 50 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 50 b. Moderate site remediation or human conflict issues predicted 20 (Please describe) C. Major site remediation or human conflict issues predicted 5 (Please describe) 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 175 170 RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded 80 78 Points/Possible Points*80) 4 - VULNERABILITY (20%) Possible Awarded Comments Points Points 4.1 - ZONING AND LAND USE 130 200 4.1.1- Zoning and land use designation (Select the highest score) a. Zoning allows for Single Family, Multifamily, industrial or commercial 100 100 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 30 100 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 5 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 36 W co U v J J Ta .r a Packet Pg. 803 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, S0940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 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 c. Parcel is >10 acres 5 d. Parcel is within 1 mile of a current or planned commercial or 5 5 multi -unit residential development VULNERABILITY TOTAL SCORE 180 205 VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible 80 91 Points*80) W co U U J J r Q 37 Packet Pg. 804 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 View of parcels along Blue Hill Creek Dr. Thick coco plum in maritime hammock area Marlberry Mangroves disturbed by Hurricane Ian Q 39 Packet Pg. 806 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 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. Fieure 4 - CLIP4 Prioritv 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 9 - Potential Habitat Richness CLIP4 Map r 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 c 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 ca was ultimately designated as SHCA for each species. The Potential Habitat Richness layer includes the a 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. 40 Packet Pg. 807 26.A.12 Initial Criteria Screening Report Folio Numbers: 50940003861, 50940003845, 50940003829 Owner Names: Matlalatl, LLC Date: June 7, 2023 Figure 13 - 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 o Staff. The public water supply wellfields, identified in section 3.06.06 and permitted by the SFWMD for N 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. Q 41 Packet Pg. 808 26.A.13 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: Within the northeast corner of North Belle Meade, south of Frangipani Ave., off 201" St SE; northern -most 40 ac. RFMUD - Neutral, remaining 110 ac. RFMUD — NBMO - Sending Property Description Owner Address and/or Folio Acreage 00301320007,00300880001,00299120005, Symphony Properties LLC 00300800007, 00299800008, 00299440002, 150 ac. 00301800006,00299480004,00299680008, 00299560005,00299920001 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Mapped as Rural Open, Hydric pine flatwoods, Mesic pine flatwoods, Palmetto Prairie, and Shrub Brushland Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property 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? Ord. 2002-63, Sec. 10 (1)(b) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Appears to be access from 201" St. SE. Property could be used for hiking, biking, horseback riding, and possibly limited hunting, depending on surrounding uses. M N O N r; aD c w Q Packet Pg. 809 26.A.13 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? Ord. 2002-63, Sec. 10 (1)(c) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): N 0 H dric soils exist on approximately 50% of the property and some areas of the property most like) hold N Y pp Y p p Y p p Y Y r; water during the wet season. The entire property contributes minimally to aquifer recharge. aD c Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): E E FWC Species Richness Maps show potential for 1-13 species to utilize the property including federally �j endangered Florida panther and Florida bonneted bat and state -threatened Florida gopher tortoise and Big o Cypress fox squirrel. Open areas could support crested caracara and sandhill crane. N 3. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): These parcels are not adjacent to any conservation land; however, undeveloped land exists between the property and a large area of private conservation easements to the southwest. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The properties satisfy 4 initial screening criteria w a Packet Pg. 810 26.A.13 Figure 1: Symphony Properties LLC Location Map f0 1 2 3 4 5 6 7 Miles SYMPHONY PROPERTIES LLC 10 A -list (Board Approved) 11AA-list (Board Approved) 11 B A -list (Board Approved) 12A Applications Conservation Collier Preserve Other Conservation Areas COiJSH, ATION LLIER co i f ia, County Q Packet Pg. 811 26.A.13 Figure 2: Symphony Properties LLC Aerial Map T 0.8 Miles [1 SYMPHONY PROPERTIES LLC M N O N ti N C 7 ` a E CON E ATION (� C LUER Ca er County ram'+ Packet Pg. 812 26.A.14 Conservation Collier Land Acquisition Program Initial Screening Criteria Form N 0 N ti Location Description: Off Old US 41 just north of the intersection of Old US 41 and US 41; in Urban area zoned as commercial planned unit development Property Description Owner Address and/or Folio Acreage DGC & B LLC 00143160001 3.69 ac. Ultimate Developments LLC 00144960006 0.92 ac. TOTAL 4.61 ac. Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Mapped as Mixed Scrub -Shrub Wetland west of ditch, but primarily melaleuca and earleaf acacia Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats ❑ 2. Does the property 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? Ord. 2002-63, Sec. 10 (1)(b) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): Accessible from Old US 41. Limited seasonal, hiking trails could be installed in the property. Packet Pg. 813 26.A.14 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? Ord. 2002-63, Sec. 10 (1)(c) N Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): c Hydric soils exist on west quarter of the property and the parcels most likely hold water during the wet season. Both parcels contribute to aquifer recharge. m Does the property offer significant biological values, including biodiversity, listed species habitat, E connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) c U Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): 0 The parcels contain a majority monoculture of melaleuca and earleaf acacia. > 3. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): These parcels are adjacent to private conservation land to the west. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? 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N v N N n O a A Q G1 N N N N N O V N N U N 0 � L co i tc i ca L m La i La La O a a a a ca a a a a d a m Lv cc a V W .•i cc � � J -o ai '•i �a � c Li Lti L Q U Q C U1 c6 d � O 14 A Ln M 0 O O O Ln in Ln O O Ln O O O Ln O I, N r-I Ln N to N to ei N N O^ N m O a ^ �r a° o a°1i c ao m 3 o o W a C } N = 4) F + J T i R z $ -0 C v_LU Z c O 0 Y v ° 0 O u 3 'o > 0 p vui W H m on -2- r j W W 7 � c � v l7 N o N L o p C Y g 3 LVu = m c N N N V N -0 (o 0 W 0 w -° 3 Vf O O ca c6 cu •� E v Q N O) 0 y C� C a+ J m c 0 0 v • v c Q Gl N G1 y GJ GJ 67 N N U N U i i U i 0 i i " O !'L a m Ll m d m d M d m d c0 a -a N (0 d f6 i d d u W -4 c0 U "° GJ -4 c0 C U 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between SILVIA M. ARIAS, an unmarried widow, whose address is 10850 SW 30th Place, Davie, FL 33328, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: rAT __.._. Il _._. ► 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED SIXTEEN THOUSAND ONE HUNDRED and 001100 DOLLARS ($116,100.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE," "DATE OF CLOSING," OR "CLOSING") of the transaction shall be held on or before one hundred and eighty o (180) days following execution of this Agreement by the Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in r connection with the Closing shall be as follows: E 3.011 Seller shall convey a marketable title free of any liens, encumbrances, w exceptions, or qualifications. Marketable title shall be determined according to a Packet Pg. 216 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3A113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, o 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, o 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 r Purchaser. The cost of the title commitment shall also be paid by Purchaser. E 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real w Property taxes shall be prorated based on the current year's tax with due a Packet Pg. 217 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's o possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a o 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 00 change to the total acreage referenced in Exhibit "A," unless the difference in r acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an w improvement located on the Property projects onto lands of others, or (c) lack a Packet Pg. 218 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the L Inspection Period, written notice of its intention to waive the applicable a contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller o in writing of its specific objections as provided herein within the Inspection Period, 0 it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In o 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 o environmental and soil testing results commissioned by Purchaser with respect to the Property. 00 r 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. w Purchaser shall, in performing such tests, use due care. Seller shall be notified by a Packet Pg. 219 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Ag reement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks o required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. o 10.012 Seller has full right, power, and authority to own and operate the 00 Property, and to execute, deliver, and perform its obligations under this r 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 w Purchaser to execute and consummate the transaction contemplated hereby. a Packet Pg. 220 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or a cesspools on the Property; all waste, if any, is discharged into a public sanitary N sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic a results, and no such hazardous or toxic substances are currently used in o connection with the operation of the Property, and there is no proceeding or 0 inquiry by any authority with respect thereto. Seller represents that they have = i (it has) no knowledge that there is ground water contamination on the Property o or potential of ground water contamination from neighboring properties. Seller W represents no storage tanks for gasoline, or any other substances are or were o 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 00 landfill. > r 10.018 Seller has no knowledge that the Property and Seller's operations E concerning the Property are in violation of any applicable Federal, State or w local statute, law or regulation, or of any notice from any governmental body a Packet Pg. 221 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement .0 (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall o survive the Closing. 00 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend r and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or w common law relating to pollution or protection of the environment which shall a Packet Pg. 222 1 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Vivian Rodriguez, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Silvia M. Arias 10850 SW 30th Place Davie, FL 33328 Telephone number: 305-965-5841 Fax number: NIA 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party o 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 00 addressee and respective address stated herein shall be deemed to continue in r effect for all purposes. E w r a Packet Pg. 223 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 0560080008 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal I.: holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 00 r 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. w r Q Packet Pg. 224 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MN RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] r a Packet Pg. 225 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 28.A.6 AS TO SELLER: DATED: r WITNESSES: g �T (Signature) SILVIA M. ARIAS A<-vc=� z (Printed Name) (Signature) (Printed Na e) Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney c m t Packet Pg. 226 28.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41560040006 LEGAL DESCRIPTION: EAST 150 FEET OF TRACT 121, UNIT. 91A, GOLDEN GATE ESTATES: ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 9. PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.16 acres AND PROPERTY IDENTIFICATION NUMBER: 41560080008 LEGAL DESCRIPTION: WEST 180 FEET OF TRACT 121, UNIT 91A, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.78 acres Q Packet Pg. 227 28.A.6 Conservation Collier Land Acquisition Program Project Design Report Berman Trust Property Date: June 2023 Property Owner: Richard Franklin Berman Trust Folios : 41508680004 Location: GOLDEN GATE EST UNIT 91 W 75FT OF E 18OFT OF TR 93 Size: 1.14 acres Purchase Price: $28,500 History of Proiect: Selected for the "A" category, #1 Selected for the "A" priority, on the Active category, #1 priority, Purchase offer Offer Accepted Acquisition List (AAL) by on AAL by BCC made to owner CCLAAC 8/3/2022 12/13/2022 5/30/2023 5/30/2023 Purpose of Project: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve project area. The Berman Trust parcel was considered due to its proximity to an existing Conservation Collier preserve. The Berman Trust project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 381h Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality 7 enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a m wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. E z a Packet Pg. 228 28.A.6 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Berman Trust parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Q Packet Pg. 229 28.A.6 M RICHARD FRANKLIN BERMAN TRUST 6A Dr. Robert Gore III Preserve Property Owner Accepted Offer T CON ATION LLIER CO v County c a� E a Packet Pg. 230 :�� � "w��.y►�AS, � � �. - } .y Fla t"" '{ .: •N: " IY ,+�yy'.+y��' `•`b ,!� I r �pV' 4� v `N I Le7241 'fg � Li AL pw 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between THE RICHARD FRANKLIN BERMAN REVOCABLE TRUST OF 2012, whose address is 611 1 st Street SW, Naples, FL 34117, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit 'A" attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A" II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be TWENTY- EIGHT THOUSAND FIVE HUNDRED and 001100 DOLLARS ($28,500), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following o execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's m receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows; w r Q Packet Pg. 232 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the' Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at o Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. o 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 r 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 r a Packet Pg. 233 28.A.6 CONSERVATION COLLIER - CYCLE t 1A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be a 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 N 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) _ days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by o Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the o exceptions to title as shown in the title commitment. m 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 r a Packet Pg. K4 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1, Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any o investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to 0 terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific m objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this E Agreement because of the right of inspection, Purchaser shall deliver to Seller copies w r Q Packet Pg. 235 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER; 41508680004 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 investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES o 10.01 Seller and Purchaser represent and warrant the following: 00 p g� > r 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 w r a Packet Pg. 236 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 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 performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools = on the Property; all waste, if any, is discharged into a public sanitary sewer (D system; Seiler represents that they have (it has) no knowledge that any pollutants o are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, o handling, storage, transportation, manufacture or disposal of hazardous or toxic m 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 r 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 r a Packet Pg. 237 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 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 order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this N Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into = any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical o 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 o contained in the foregoing representations and of any notice or proposed change m 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 r development of the property which may restrict or change any other condition of E the Property. w r Q Packet Pg. 238 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER; 41508680004 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd, Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez o Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 0 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 r a� E w r Q Packet Pg. 239 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE -- BERMAN TRUST TAX ID NUMBER: 41508680004 If to Seller: Richard Franklin Berman, Trustee of the Richard Franklin Berman Revocable Trust of 2012 611 1 st Street SW Naples, Florida 34114 Telephone number: 239-877-1631 E-mail: landbarron46@gmail.com 11.02 The addresses 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 and (D Seller. Any amendment to this Agreement shall be binding upon Purchaser and o Seller as soon as it has been executed by both parties. 0 13.04 Captions and section headings contained in this Agreement are for m 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. r E w r Q Packet Pg. 240 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41608680004 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not = included in this Agreement, or any such referenced agreements has been or is being (D relied upon by either party. No modification or amendment of this Agreement shall be o 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. o [SIGNATURE(S)APPEAR ON THE FOLLOWING PAGE] r a� E w r Q Packet Pg. 241 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE -- BERMAN TRUST TAX ID NUMBER: 41508680004 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk AS TO SELLER: DATED: K11 /�-3 WITNESSES: Appr a f rm nd leg lily: onald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick Locastro, Chairman RICHARD FRANKLIN BERMAN REVOCABLE TRUST OF 2012 By: Print Name and Title Packet Pg. 242 28.A.6 CONSERVATION COLLIER - CYCLE 11 A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 EXHIBIT "A" GOLDEN GATE EST UNIT 91 W 75FT OF E 180FT OF TR 93 OR 2023 PG 1586 Parcel; 41508680004 1.14 acres Q Packet Pg. 243 28.A.6 Conservation Collier Land Acquisition Program Project Design Report Fontela Property Date: July 2023 Property Owner: Maricel Aleu Fontela Folios : 41560720009 Location: GOLDEN GATE EST REPLAT UNIT 91-A S 75FT OF N 18OFT OF TR 130 Size: 1.17 acres Purchase Price: $25,700 History of Proiect: Selected for the "A" category, #1 Selected for the "A" priority, on the Active category, #1 priority, Purchase offer Offer Accepted Acquisition List (AAL) by on AAL by BCC made to owner CCLAAC 8/03/2022 12/13/2022 4/25/2023 6/04/2023 Purpose of Proi ect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve project area. The Fontela parcel was considered due to its proximity to an existing Conservation Collier preserve. The Fontela parcel met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality 7 enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a m wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. E z a Packet Pg. 244 28.A.6 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Fontela parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $585 $468 $468 $468 $293 Signage $200 Total $785 $468 $468 $468 $293 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Q Packet Pg. 245 28.A.6 M FONTELA, MARICEL ALEU 6A Dr. Robert Gore III Preserve Property Owner Accepted Offer T CON ATION LEIER CO v county c a� E a Packet Pg. 246 . �� 'v F. 9 LY '� '�' � 4j �� �• r hw� h **4Y.{.M1 4•j,�/�+i g kb'} 4. y ��� �_ ii' '4 °.�•, _ .1✓.k * 47 f"4. 4 a y{uY• 94'S•' r♦%� i' �4 4. +F _ ,. .Aj"'° �.. Y . ,S�- r it '�, . aR .,:. " T ti .•�. ` .+. t°, .!v `,.i -441 jV IN e �,4dd_ .il �,YY, t..;- y,•. ,i _ " _ z,. t fiy_, lYTOFrFy�y�lt.aN��,'�+ - ] N N ";y b"+ -ice r' �} F^{, "�'•4 ,4}ems,, -. � •�. y �;.��pp � ri'�'�.�: � � Fy` � �' �• �. rY�t ;-,fir .r � .'_ ,�,a �. 3 .., � � S, �p, ��{_,1 'r' .fy:]{ .,Y ��i r 'J'� T"e ~r-'1 it1y�•}, +'4 i 28.A.6 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 �G�e7C7� 1+�►�1�►)fli7#]�Zr � � �I�71�I�Z�i►��`�� THIS AGREEMENT is made and entered into by and between MARICEL ALEU FONTELA, a single woman, whose address is 8342 South 72nd East Ave., Tulsa, Oklahoma 74133 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". IIWT-\'/851zi0kgo] aall tie] :/TVy0111111,:1[y:0 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty - Five Thousand Seven Hundred Dollars and 00/100 dollars ($25,700.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR m "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 Attorney's Office, Administration a Packet Pg. 248 28.A.6 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 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. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due m at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. E s a Packet Pg. 249 28.A.6 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such 0 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 L obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller m 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 3 a Packet Pg. 250 28.A.6 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 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. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal 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. Packet Pg. 251 28.A.6 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PROBATIONS 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 current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements L 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 m Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this E Agreement. w a 5 Packet Pg. 252 28.A.6 CONSERVATION COLLIER TAX ID NUMBER 41560720009 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. L 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. m 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 E Property or any rights therein, nor enter into any agreements granting any a Packet Pg. 253 28.A.6 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. L 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement m 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 a Packet Pg. 254 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 28.A.6 threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. e Packet Pg. 255 28.A.6 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 Fax number: 239-252-8876 If to Seller: Maricel Aleu Fontela 8242 South 72"d East Ave. Tulsa, Oklahoma 74133 Telephone number: 908-391-5671 maricela leu(&..gmail. com With a copy to: 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 o 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 00 addressee and respective address stated herein shall be deemed to continue in r effect for all purposes. 9 s w r Packet Pg. 256 28.A.6 CONSERVATION COLLIER TAX IQ NUMBER: 41560720009 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in = writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to 0 which it is related and shall not be deemed to be a continuing or future waiver as L to such provision or a waiver as to any other provision. r m 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. E w r a c Packet Pg. 257 CONSERVATION COLLIER TAX ID NUMBER' 41550720009 28.A.6 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 If the Seller holds the Property in the form of a partnership, limited partnership. corporation, trust, or any form of representative capacity whatsoever for others. Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA , Deputy Clerk RICK LOCASTRO, Chairman Packet Pg. 258 28.A.6 CONSERVATION COLLIER TAX ID NUMBER 41560720009 AS TO SELLER. DATED:_ WITNESSES: By. f (Sknature) r_ 40 1l !St°' CT?3,�(�f �GI Print Name: Maricel Aleu Fontela (Print VYRness lame) Approved as to form and legality Ronald T. Tornasko, Assistant County Attorney SELLER Cb��2 a Packet Pg. 259 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 28.A.6 EXHIBIT "A" TO FONTELA AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 41560720009, as set forth in OR 4880 PG 3114 of the official records of Collier County, Florida, and restated below: SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 130, UNIT 91A, GOLDEN GATES ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUTY, FLORIDA, A/K/A GOLDEN GATE ESTATES REPLAT UNIT 91-A SOUTH 75 FEET OF NORTH 180 FEET OF TRACT 130, 1.17 ACRES, OR 1140 PAGE 1295. Approved as to form and legality: , Assistant County Attorney m `] �a G:\Gutierrez Legal Description Packet Pg. 260 28.A.6 Conservation Collier Land Acquisition Program Project Design Report Trigoura Property Date: July 2023 Property Owner: Delsina Trigoura and Amy Trigoura Folios : 41507440009 Location: GOLDEN GATE EST UNIT 91 E 75FT OF W 18OFT OF TR 81 Size: 1.14 acres Purchase Price: $30,000 History of Proiect: Selected for the "A" category, #1 Selected for the "A" Purchase offer Offer priority, on the Active Acquisition category, #1 priority, on made to owners Accepted List (AAL) by CCLAAC AAL b BCC 8/3/2022 12/13/2022 5/30/2023 6/7/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve Multi -Parcel Project boundary. The Trigoura parcel was considered due to its proximity to an existing Conservation Collier preserve. The Charles project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 401h Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control a0 The parcel has many wetland dependent plant species and contains karst topography, which is a o wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 00 canal. a Packet Pg. 261 28.A.6 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Trigoura parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Q Packet Pg. 262 28.A.6 C Co er C—Ounty a Packet Pg. 263 28.A.6 TRIGOURA, DELSINA & AMY IF Dr. Robert Gore III Preserve Property Owner Accepted Offer r m CON {-R A_ ' LLIER _ C CO LiBY County m t V c0 4 a Packet Pg. 264 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX In NUMBER:41507440009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DELSINA TRIGOURA and AMY TRIGOURA, a married couple, whose address is 1431 SW 851h Ave, Pembroke Pines, FL 33025 (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be THIRTY THOUSAND and 001100 DOLLARS ($30,000), (U.S. Currency) payable at time of closing. III. CLOSING o 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", 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 Attorneys Office, Administration r r a Packet Pg. 5 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 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. 3.0112 Combined Purchaser --Seller closing statement. 3,0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. Packet Pg. 266 k1 28.A.6 CONSERVATION COLLIER -CYCLE 11A CORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 if Purchaser shall fail to advise the Seller in writing of any such = objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to 0 title, Seller shall have thirty (30) days to remedy any defects to convey good L 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 m use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said E 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 r a Packet Pg. 267 28.A.6 CONSERVATION COLLIER -- CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41607440009 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. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed L without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the m development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or E contamination. r r a Packet Pg. 268 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PROBATIONS 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 the current year's taxes, and shall be paid by Seller. L IX. TERMINATION AND REMEDIES 00 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this E Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a Packet Pg. 269 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, 0 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 0 property that could, if continued, adversely affect Seller's ability to sell the L Property to Purchaser according to the terms of this Agreement. 00 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. E 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 a Packet Pg. 270 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way = (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, 0 management, leasing, employment, service, or other contracts affecting the L Property. 00 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 E improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental r a Packet Pg. 271 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX I0 NUMBER: 41507440009 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend L and hold Purchaser harmless from any and all costs (including attorney's fees) a asserted against, imposed on or incurred by Purchaser, directly or indirectly, L pursuant to or in connection with the application of any federal, state, local or N common law relating to pollution or protection of the environment which shall a be in accordance with, but not limited to, the Comprehensive Environmental W Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the = Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and 0 the rights of Purchaser, hereunder, shall survive Closing and are not deemed L satisfied by conveyance of title. 00 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. W E r r a Packet Pg. 2 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Delsina Trigoura and Amy Trigoura 1431 SW 851h Ave Pembroke Pines, FL 33025 Telephone number: 786-858-2665 E-mail: delsinatrigoura@gmail.com 11.02 The addresses 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. XI I. REAL ESTATE BROKERS U. L 12.01 Any and all brokerage commissions or fees shall be the sole responsibility m 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 r r a Packet Pg. 273 u' 28.A.6 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. L 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 m Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, a Packet Pg. 274 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA in RICK LOCASTRO, Chairman [SIGNATURES APPEAR ON THE FOLLOWING PAGE' Packet Pg. 275 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 AS TO SELLER: DATED: WITNESSES: (Sig VI5 MODA{L-SE By: DELtINA TRIGOURA (Print Witness Name) By: (signature) AMY R MwIse �bym Doy\atc So ,n (Print Witness Name) Appr d as to form and legality: Ro ald T. Tomasko, Assistant County Attorney c m E t r 1 �1 b Packet Pg. 276 :, 28.A.6 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE, - TRIGOURA TAX ID NUMBER: 41507440009 EXHIBIT "A" The East 75 feet of the West 180 feet of Tract 81, Golden Gate Estates Unit No. 91, according to the map or plat thereof as recorded in Plat Book 5, Page 30, Public Records of Collier County, Florida. Packet Pg. 277 28.A.6 Conservation Collier Land Acquisition Program Project Design Report Weir Trust Property Date: July 2023 Property Owner: Celine Weir Trust Folios : 41510440009 Location: GOLDEN GATE EST UNIT 91 W 150FT OF TR 112 Size: 2.27 acres Appraised Value: $37,500 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/09/22 1/25/2022 6/14/2022 6/15/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve multi -parcel project boundary. The Weir Trust parcel was considered due to its proximity to an existing Conservation Collier preserve. The Weir Trust project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 40th Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control o The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel 0° provides minimal water quality enhancement beyond accommodating sheet flow into the I-75; canal. a E z a Packet Pg. 278 28.A.6 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Weir Trust parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $1,135 $908 $908 $908 $568 Signage $200 Total $1,335 $908 $908 $908 $568 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Q Packet Pg. 279 28.A.6 WEIR TRUST Property Owner Accepted Offer ©r_ Robert Gore III Preserve ■0 F. i® AVh T CONI&MATION �� LiIER Coili�av County c a� E a Packet Pg. 280 �a. 28.A.6 CONSERVATION COLLIER — CYCLE 11 B GORE PRESERVE -- WEIR Tr. TAX ID NUMBER_ 41510440009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MICHAEL F. WEIR, Trustee, under the CELINE WEIR DECLARATION OF TRUST DATED AUGUST 25, 1995, whose address is 32859 Walnut Drive, Avon, OH 44011, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be THIRTY- SEVEN THOUSAND FIVE HUNDRED and 001100 DOLLARS ($37,500), (U.S. Currency) payable at time of closing. L III. CLOSING oIi 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty r (180) days following execution of this Agreement by the Purchaser, or within thirty E (30) days of Purchaser's receipt of all closing documents, whichever is later. The a Packet Pg. 282 28.A.6 CONSERVATION COLLIER - CYCLE 118 GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail Fast, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to a the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not 0 changed adversely since the date of the last endorsement to the = commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue o the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. o r m 3.0122 Funds payable to the Seller representing the cash payment due >; at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. r a Packet Pg. 283 28.A.6 CONSERVATION COLLIER -CYCLE 11B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Packet Pg. 284 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER41510440009 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 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. o 2. There are no abnormal drainage or environmental requirements to the m development of the Property. > 3. The Property is in compliance with all applicable State and Federal r environmental laws and the Property is free from any pollution or contamination. M U f0 Q Packet Pg. 285 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PROBATIONS 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 the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES " L 0 9.01 If Seller shall have failed to perform any of the covenants and/or agreements m contained herein which are to be performed by Seller, within ten (10) days of > written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to w a Packet Pg. 286 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE -WEIR Tr. TAX ID NUMBER 41510440009 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 0 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 o Property to Purchaser according to the terms of this Agreement. L 0 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. m 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 a Packet Pg. 287 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the x Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the 0 Property. L 0 10.020 Seller has no knowledge that there are any suits, actions or arbitration, m 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 a Packet Pg. 288 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) 2- asserted against, imposed on or incurred by Purchaser, directly or indirectly, a. 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 N be in accordance with, but not limited to, the Comprehensive Environmentala. Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the 0 Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including = any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed $ satisfied by conveyance of title. L 0 10.024 Any loss and/or damage to the Property between the date of this m Agreement and the date of Closing shall be Seller's sole risk and expense. > E s Q Packet Pg. 289 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 X1. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Michael F. Weir, Trustee, under the Celine Weir Declaration of Trust Dated August 25, 1995 32859 Walnut Drive Avon, OH 44011 Telephone number: 440-308-8801 E-mail: mikew@advance-door.com 11.02 The addresses 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 L 0 12.01 Any and all brokerage commissions or fees shall be the sole responsibility Ed 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, E salesman or representative, in connection with this Agreement. Seller agrees to a Packet Pg. 290 28.A.6 CONSERVATION COLLIER -- CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. X111. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County o Commissioners of Collier County, Florida. r oli 13.09 if the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, r a Packet Pg. 291 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE -WEIR Tr. TAX ID NUMBER: 41510440009 Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA in RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] Q Packet Pg. 292 28.A.6 CONSERVATION COLLIER --CYCLE 1115 GORE PRESERVE —WEIR Tr. TAX ID NUMBER: 41510440009 AS TO SELLER: DATED- WITNESSES - (Signature) L,`j- IA- (�J`tU , I (Print Witness Name) (Signature) (Print Witness Name) Approved as to form and legality: Ronald T Tomasko, Assistant County Attorney THE CELINE WEIR DECLARATION OF TRUST DATED AUGUST 25, 1995 By: �0) J"'b -� Trzu_-S�� MICHAEL F. WEIR, Trustee r a Packet Pg. 293 28.A.6 Q Packet Pg. 294 28.A.6 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 EXHIBIT "A" GOLDEN GATE EST UNIT 91 W 150FT OF TR 112 OR 414 PG 339-40 TOGETHER WITH ALL THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING. Parcel Number: 41510440009 2.27 acres Q Packet Pg. 295 28.A.7 Conservation Collier Land Acquisition Program Project Design Report Geren Trust Property Date: July 2023 Property Owners: Michael Geren Trust Folios : 00343800006 Location: North of I-75 and east of the Collier County landfill; near the southern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 7.84 acres Purchase Price: $129,500 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 6/06/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Geren Trust parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills as program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red 00 cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the c Florida panther. This parcel contributes to an important wildlife corridor connecting species from Z the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well m as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through > wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. E a Packet Pg. 296 28.A.7 Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending. Projected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $3,100 $1,600 $1,600 $1,600 $1,200 Cabbage palm treatment $3,100 Total $6,200 $1,600 $1,600 $1,600 $1,200 2 Q Packet Pg. 297 28.A.7 0 1 2 3 Miles MICHAEL GEREN REV TRUST Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas Geren Trust Property Location Map COME ATION nj LLIER � CA County� � r N E L a Packet Pg. 298 28.A.7 0 0.2 Miles MICHAEL GEREN REV TRUST �! t.. CON ATION LLEER CO ,-.r County Geren Trust Property Aerial Map a Packet Pg. 299 CONSERVATION COLLIER TAX ID NUMBER: 00343800006 28.A.7 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Michael Geren, as Trustee of the Michael Geren Revocable Trust dated June 3, 2011, and Jonathan A. and Debbie Sue Geren, as Co -Trustees of the Trust No. 81972 dated September 12, 2022, whose address is 13384 Coronado Dr., Naples, Florida 34109 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 1.02 Seller currently has a December 1, 2014 renewable Agricultural Lease "for the purpose of raising and grazing livestock" in place on the Property which shall terminate with 185 days' notice following execution of this Agreement by Purchaser. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Twenty -Nine Thousand Five Hundred Dollars and 001100 ($129,500.00), (U.S. Currency) payable at time of closing. 1 Packet Pg. 300 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00343800006 III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. Under no circumstance will Purchaser close if cattle are present on Property or said Agricultural Lease is in effect. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to z the Seller the following: N m 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not U 2 Q Packet Pg. 301 CONSERVATION COLLIER TAX ID NUMBER: 00343800006 28.A.7 changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser, The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 3 0 Packet Pg. 302 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00343800006 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seiler 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 N possession to Purchaser within ten (10) days of the effective date of this N Agreement. Purchaser shall have the option, at its own expense, to obtain a ti 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 anyca change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an a� improvement located on the Property projects onto lands of others, or (c) lack L of legal access to a public roadway, the Purchaser shall notify the Seller in a 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 a receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure m 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 Z Property with the encroachment, or projection, or lack of legal access. N m c a� E 4 Q Packet Pg. 303 28.A.7 CONSERVATION COLLIER TAX Ill NUMBER. 00343800006 V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal 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. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION N m 7.01 Purchaser shall be entitled to full possession of the Property at Closing. > c a� E Packet Pg. 304 CONSERVATION COLLIER TAX ID NUMBER 00343800006 28.A.7 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 current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 6 Packet Pg. 305 28.A.7 CONSERVATION COLLIER TAX ID NUMBER, 00343800006 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water, Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations m 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 Z has been served upon Seller claiming any violation of any law, ordinance, code N or regulation or requiring or calling attention to the need for any work, repairs, 00 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. s 7 Q Packet Pg. 306 CONSERVATION COLLIER TAX 0 NUMBER: 00343800006 28.A.7 10.019 With the exception of the Agricultural Lease, which shall be terminated by Seller in due course, there are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investiga- tions or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall a Packet Pg. 307 CONSERVATION COLLIER TAX ID NUMBER 00343800006 28.A.7 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows. - If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 Fax number: 239-252-8876 If to Seller: Michael Geren, Trustee and Jonathan Geren, Trustee 13384 Coronado Drive Naples, Florida 34109 Telephone number: 708-935-5409 Fax number: 239-653-7688 0 Packet Pg. 308 28.A.7 CONSERVATION COLLIER TAX ID NUMBER_ C0343800006 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 and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent Of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as Z the context or the use thereof may require. N 00 10 a Packet Pg. 309 CONSERVATION COLLIER TAX ID NUMBER 00343800006 28.A.7 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. ii Packet Pg. 310 CONSERVATION GOWE.R "AX iD NUMBER 0O343800C'O6 28.A.7 IN WITNESS WHEREOF the parties hereto have signed below. Dated Project/Acquisition Approved by BCC AS YO PURCHASER. ATTEST CRYSTAL K. KINZEL. Clerk of;he Circuit Court and Comptroller Deputy Clerk AS TO SELLER: ❑ATED WITNESSES- iVloness S+gna:ure} ,Prn^t Vv7mess Narmey 'vtressSgratwe Pr. st'Mess Name. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: RICK LOCASTRO, Chairman MICHAEL GEREN REVOCABLE TRUST dated June 3, 2011 a MICHAEL GEREN Trustee SELLER Packet Pg. 311 28.A.7 CONSERVATION COLLIER TAX Ip NUMBER D0343800006 WITNESSES: THE TRUST NO. 81972 dated September 12, 2002 1-4 ;ss s a e Ld'ONATHAN A GEREN, Co -Trustee SELLER 'll tress Name. By (mmess 5 g^a:.,•e JONATHAN A. GEREN. Agent/Attorney (o/b%o DEBBIE SUE GEREN, Co -Trustee), Pursuant to a Durable Power of Attorney dated October 25, 2006 (Print Witness Name) Approved as to form and legality; Ronald T Tomasko. Assistant County Attorney SELLER N m 1 „ c E 1� ;3 � v Packet Pg. 312 28.A.7 Conservation Collier Land Acquisition Program Project Design Report Gutierrez Property Date: July 2023 Property Owners: Michael Gutierrez Folios : 00344400007 Location: North of I-75 and east of the Collier County landfill; near the southern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 4.88 acres Purchase Price: $81,100 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/26/2023 6/2/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Gutierrez parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills as program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red 00 cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the c Florida panther. This parcel contributes to an important wildlife corridor connecting species from Z the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well m as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through > wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. E a Packet Pg. 313 28.A.7 Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within a Natural Resource Protection Area. Proiected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $2,000 $1,000 $1,000 $1,000 $750 Cabbage palm treatment $2,000 Total $4,000 $1,000 $1,000 $1,000 $750 2 Q Packet Pg. 314 28.A.7 0 1 2 3 Miles 0 GUTIERREZ, MICHAELA Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas Gutierrez Property Location Map COSE N nj R Coi v County r E L a Packet Pg. 315 28.A.7 GUTIERREZ, MICHAELA Accepted Offer North Belle Meade Preserve Other Conservation Areas Gutierrez Property Aerial Map 0.2 Miles COP! ATI0' Q LLEER Z CO ,-.r County N m r C as E 4 a Packet Pg. 316 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MICHAEL A. GUTIERREZ, a married man. whose address is 19662 Sacramento Ln., Huntington Beach, CA 92646 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Eighty One Thousand One Hundred Dollars and 001100 dollars ($81,100.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the o transaction shall be held on or before one hundred and eighty (180) days following z execution of this Agreement by the Purchaser, or within thirty (30) days of m Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami r Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: r a Packet Pg. 317 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. N 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 £ s w 2 Q Packet Pg. 318 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be N deemed acceptable. Upon notification of Purchaser's objection to title, Seller a 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. In the event Seller is unable to cure said d objections within said time period, Purchaser, by providing written notice to Seller 00 within seven (7) days after expiration of said thirty (30) day period, may accept o title as it then is, waiving any objection; or Purchaser may terminate the z Agreement. A failure by Purchaser to give such written notice of termination m 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. c a� E a Packet Pg. 319 28.A.7 CONSERVATION COLLIER TAX ID NUMBER. 00344400007 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. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seiler within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that- 1 - Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its 4 Packet Pg. 320 28.A.7 CONSERVATION COLLIER TAX 10 NUMBER: 00344400007 specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall. at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests. use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection Of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other Z provisions of this Agreement provide mutually satisfactory and sufficient remedies to m each of the parties and take into account the peculiar risks and expenses of each of the parties. a� E s r a Packet Pg. 321 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the 0° written consent of Purchaser to such conveyance, encumbrance, or agreement c which consent may be withheld by Purchaser for any reason whatsoever. Z N m 10.017 Seller represents that there are no incinerators, septic tanks or cesspools >; on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants E are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, a Packet Pg. 322 28.A.7 CONSERVATION COLLIER TAX ID NUMBER, 00344400007 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 order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this c Agreement based upon Seller's representations stated above and on the Z understanding that Seller will not cause the zoning or physical condition of the m 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 r a Packet Pg. 323 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator 0° Conservation Collier Program c Collier County Parks and Recreation Division Z Public Services Department m Golden Gate Community Park 3300 Santa Barbara Blvd.; Naples, Florida 34116 a Packet Pg. 324 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 With a copy to: Attn: Deborah Goodaker, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone: 239-252-8922 If to Seller: Michael A. Gutierrez 19662 Sacramento Lane Huntington Beach, CA 92646 Telephone: 714-330-5529 MichaelAGutierrez ahoo.com With a copy to: 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, Packet Pg. 325 28.A.7 CONSERVATION COLLIER TAX IC NUMBER: 00344400007 personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which It is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the > State of Florida. r c a� E Q Packet Pg. 326 CONSERVATION COLLIER TAX ID NUMBER_ 00344400007 28.A.7 XIV. FNTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA , Deputy Clerk RICK LOCASTRO, Chairman THIS PORTION LEFT INTENTIONALLY BLANK SEE NEXT PAGE FOR SELLER SIGNATURES c m E t U Q Packet Pg. 327 28.A.7 CONSERVATION COLLIER TAX ID NUMBER 00344400007 AS TO SELLER: DATED: zo2-3 WITNESSES: (Signature) br--r e-�r- (Print Witness Name) T v (Signature) (Print Witness Name) Approved as to form and legality: Assistant County Attomey At Print Name: MICHAEL A. GUTIERREZ SELLER 4 T- ti d d .r E E 0 U 0 to a 0 .y Q c J M LO t0 I� i .r a Packet Pg. 328 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 28.A.7 EXHIBIT "A" TO GUTIERREZ AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 00344400007, as set forth in OR 5088 PG 3372 of the official records of Collier County, Florida, and restated below: THE WEST '/Z OF THE NORTH '/2 OF THE NORTH '/z OF THE SOUTHEAST '/4 LESS PURPOSES IN SECTION 33, TOWSHIP 49, FLORIDA. Approved as to form and legality: Assistant County Attorney SOUTH '/z OF THE SOUTH '/z OF THE THE WEST 35' DEDICATED FOR ROA RANGE 27 EAST, COLLIER COUNTY, G:\Gutierrez Legal Description j Packet Pg. 329 28.A.7 Conservation Collier Land Acquisition Program Project Design Report Scotti Property Date: July 2023 Property Owners: Mary Scotti Folios : 00344120002 Location: North of I-75 and east of the Collier County landfill; near the eastern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 8.74 acres Purchase Price: $128,700 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 6/06/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Scotti parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills as program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red 00 cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the c Florida panther. This parcel contributes to an important wildlife corridor connecting species from Z the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well m as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through > wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. E a Packet Pg. 330 28.A.7 Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within a Natural Resource Protection Area. Proiected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $3,500 $1,800 $1,800 $1,800 $1,300 Cabbage palm treatment $3,500 Total $7,000 $1,800 $1,800 $1,800 $1,300 2 Q Packet Pg. 331 28.A.7 Picayune Strand State Forest 0 1 2 3 Miles SCOTTI TR, MARY A Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas Scotti Property Location Map CON E ATION nj LL[ER C,O*Y County > r E t a Packet Pg. 332 28.A.7 . F 4p a a A �-, ° eP _ k � � F �' ' `t*➢ a IL tv { a �rca##a,, 's►i ���tr � y.4k 'skr �, r�: a�- f�' 4 s+ -"'. a b � or 41 1171, SCOTTI TR, MARY A North Belle Meade Preserve Other Conservation Areas 0.2 Miles CON ATION Q LITER Z CAl11BY county N m � r+ Scotti Property Aerial Map 4 a Packet Pg. 333 28.A.7 CONSERVATION COLLIER TAX ID NUMBER 06344120002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Mary A. Scotti, Trustee of the Mary A. Scotti Separate Property Trust dated May 12, 1989, as to an Undivided 33.33% Interest; Albert G. Lebano, as to an Undivided 33.34% Interest as His Sole and Separate Property; Christopher G. Lebano, as to an Undivided 16.665% Interest as His Sole and Separate Property; and Laura A. O'Brien, as to an Undivided16.665% Interest as Her Sole an Separate Property, All as Tenants in Common, whose address is P.O. Box 5731, La Quinta, CA 92248 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW. THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be L One Hundred Twenty -Eight Thousand Seven Hundred Dollars and 001100 z° ($128,700.00) (U.S. Currency) payable at time of closing. N m a Packet Pg. 334 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 28.A.7 III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", 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 Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company 2 Packet Pg. 335 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seiler in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the Packet Pg. 336 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 28.A.7 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 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. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 4 Packet Pg. 337 CONSERVATION COLLIER TAX Id NUMBER: 00344120002 28.A.7 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. 5 Packet Pg. 338 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 ►MI 101VIT, Ill.r_NIIs] Ir;ilk l 10:4ITd0101IX� 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, N 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 E, Q Packet Pg. 339 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect. Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer systemt Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seiler claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, m construction, alterations or installation on or in connection with the Property in o order to comply with any laws, ordinances, codes or regulation with which z Seller has not complied. N m 10.019 There are no unrecorded restrictions, easements, or rights of way r (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, a Packet Pg. 340 CONSERVATION COLLIER TAX ID NUMBER_ 00344120002 28.A.7 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 investiga- tions or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and a Packet Pg. 341 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 28.A.7 the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 If to Seller: Ms. Mary A. Scotti P.O. Box 5731 La Quinta, CA 92248 Telephone number: 619-992-2253 Email: scottil942@yahoo.com With a copy to: 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. a Packet Pg. 342 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. Packet Pg. 343 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 28.A.7 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 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13,10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: ITA2rol0 000.MsI;113 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA EM , Deputy Clerk RICK LOCASTRO, Chairman a Packet Pg. 344 28.A.7 CONSERVATION COLLIER TAX ID NUMBER 00344120002 AS TO SELLERM: DATED: WITNESSES' (Witness Signature) ,Print Witness Name) WITNESSES: (Witness Signature) (Print Wrtness Name) (Witness Signature) (Print Witness Name) MARY A. SCOTTI SEPARATE PROPERTY TRUST dated May 12, 1989, as to an Undivided 33.33% Interest A A. SdoTl, Trust e SELLER Bye ALBERT G. LEBANO, as to an Undivided 33.34% Interest as His Sale and Separate Property SELLER Packet Pg. 345 7/10/2023 12:24 PM FROM: Office Depot 071 P. 1 / 1 at u::btank 28.A.7 C.rrSi:iF i•!f•Ti�IJ':;(ii EIE '(;; '_. 1. '.�h}r•' :. l.,..0 •: .. AS TO SELLER(S): DATED _ �/�J:.L :. z"" WITWI~ SSES WITNESSES 'r�,la4/,cr mols5 N'r- . 7 . A �J.Jjbh 1 00cho&4,4 /-,� Geadadoe.� MARY i'k. SCOTT] SEPARATE PROPERTY 7 RUS I dated May 12 1989 as to an Undwided 33 33',':: tnteresi Hy MARY A. SCOTTI Trustee SELLER ALBERT G. LEBANO to an Undiviaeo 33 34 :% Interest as H?s Soie and Separate Prme!y z� gg7� SELLER e, 17;201 371 I'`I Packet Pg. 346 28.A.7 CONSERVATION COLLIER TAX ID NUMBER 00344120002 WITNESSES- Pr,rt 4V&iess Name: i Wr±ness Signature i A4 A !21Ja w ►�� `Zr r'j �3 iPnnt Witness N men WITNESSES 1Witness Signatures A ktf .Pest Witness Names A4a v-V JAKe- Vk.K Ze; - Approved as to form and legality Donald T Tornasko Assistant County Atlurney m C" z �, , (, . 1. � CHRISTOPHER G. LEBANO as to an Undivided 16 665% Interest as His Sole and Separate Property SELLER By_ a _ LAURA A. O'BRIEN as to an Undivideq 16 665% Interest as Her Sole and Separate Property SELLER Packet Pg. 347 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 28.A.7 EXHIBIT "A" TO SCOTTI AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No. 00344120002, as set forth in OR 3283 PG 1851 of the official records of Collier County, Florida, and restated below: EAST '/ OF THE NORTH '/2 OF THE NORTH '/z OF THE NORTH '/2 OF THE SOUTHEAST '/4 IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 27 EAST, LESS THE NORTH 35 FEET AND THE EAST 35 FEET THEREOF DEDICATED FOR THE ROAD PURPOSES, LYING AND BEING IN COLLIER COUNTY, FLORIDA Approved as to form and legality: Assistant County Attorney m G:1ScottilLegal Descriptio %� v 1 a 1 Packet Pg. 348 28.A.7 Conservation Collier Land Acquisition Program Project Design Report Sponseller Property Date: July 2023 Property Owners: Robert and Bernie Sponseller Folios : 00344200003 Location: North of I-75 and east of the Collier County landfill; adjacent to the western portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 5.00 acres Purchase Price: $90,000 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 5/31/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Sponseller parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills as program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red 00 cockaded woodpecker. Panther telemetry also indicates significant utilization by the Florida c panther. These parcels contribute to an important wildlife corridor connecting species from the Z Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as m the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through >; wildlife underpasses under I-75. These parcels also provide an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning of parcels is Agricultural; Rural Fringe Mixed a) E a Packet Pg. 349 28.A.7 Use Overlay -North Belle Meade Overlay -Sending with a portion having Natural Resource Protection Area. Zoning, Growth Management and Land Use Overlays: The three parcels east of the Corkscrew Canal are zoned Estates. The one 4.09-acre parcel west of the Corkscrew Canal is zoned Agricultural. Projected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $2,000 $1,000 $1,000 $1,000 $750 Cabbage palm treatment $2,000 Total $4,000 $1,000 $1,000 $1,000 $750 2 Q Packet Pg. 350 28.A.7 Miles 0 SPONSELLER, ROBERT C & BERNIE Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas Sponseller Property Location Map COHSE ATION nj r� LL[ER Coder County E a Packet Pg. 351 28.A.7 f0 012 Miles SPONSELLER, ROBERT C & BERNIE North Belle Meade Preserve Sponseller Property Aerial Map COHSE ATION O C LL[ER Z C-Ar County N m r C as E 4 a Packet Pg. 352 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 28.A.7 /_[eCZ+`7GJ> :rAJh71lICZl7i1.10 THIS AGREEMENT is made and entered into by and between ROBERT SPONSEI_LER and BERNIE G. SPONSELLER, husband and wife, whose address is 9857 Sandringham Gate, Naples, FL 34109-1694 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety Thousand Dollars and 00/100 dollars ($90,000.00), (U.S. Currency) payable at time of closing. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", 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 Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows- 1 Packet Pg. 353 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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 Seiler shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seiler the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Packet Pg. 354 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be y deemed acceptable. Upon notification of Purchaser's objection to title, Seller a 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller m 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 z Agreement. A failure by Purchaser to give such written notice of termination N 06 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.; a E s w -3 Q Packet Pg. 355 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that- 1 . Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal 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. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its c Packet Pg. 356 CONSERVATION COLLIER TAX Id NUMBER: 00344200003 28.A.7 specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. 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 current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. 5 Packet Pg. 357 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, 6 Packet Pg. 358 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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 order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this :E Agreement based upon Seller's representations stated above and on the Z understanding that Seller will not cause the zoning or physical condition of the C' 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 r 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 a Packet Pg. 359 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 28.A.7 condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 Packet Pg. 360 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 28.A.7 With a copy to: Attn: Deborah Goodaker, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone: 239-252-8922 If to Seller: Robert & Bernie Sponseller 9857 Sandringham Gate Naples, FL 34109-1694 Telephone: 239-290-0551 sponses2Cc�yahoo.com With a copy to: 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, 7 Packet Pg. 361 28.A.7 CONSERVATION COLLIER TAX ID NUMBER; 00344200003 personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) N 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. c a� E Packet Pg. 362 CONSERVATION COLLIER TAX IQ NUMBER: 00344200003 28.A.7 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below_ Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA la RICK LOCASTRO, Chairman THIS PORTION LEFT INTENTIONALLY BLANK SEE NEXT PAGE FOR SELLER SIGNATURES 11 tJ Packet Pg. 363 28.A.7 CONSERVATION COLLIER TAX ID NUMBER 00344200003 AS TO SELLER: DATED: Ghlk,3 (Print Witness Name) /] (Print Witness Name) qy0 �E e o1 Honda z4 H 034058 �}� 4 Approved as to form and legality: Assistant County Attomey Print Name: ROBERT C. SPONSELLER SELLER Print Name' BERNIE G_ SPONSELLER SELLER Packet Pg. 364 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 EXHIBIT "A" TO SPONSELLER AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 00344200003, as set forth in OR 3926 PG 2194 of the official records of Collier County, Florida, and restated below: THE WEST 'h OF THE NORTH '12 OF THE SOUTH '/2 OF THE NORTH '/2 OF THE SOUTH '/2 OF THE NORTHWEST '/4, LESS THE WEST 35 FEET DEDICATED FOR ROAD PURPOSES, SECTION 33, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Approved as to form and legality: V� C Assistant County Attorney V� GA5ponseller Legal Description Cl) N N_ ti N fC Q 3 N C N E N 0 L a N R t V L a w am a� L C� C MCD W 0 z c a� E ca Q Packet Pg. 365 28.A.8 Conservation Collier Land Acquisition Program Project Design Report McGinnis Property Date: July 2023 Property Owners: Patricia E. McGinnis and Stanley E. Magner Folios : 39150600004 Location: GOLDEN GATE EST UNIT 47 E 75FT OF W 150FT TR 92 Size: 1.14 acres Purchase Price: $42,800 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 8/3/2022 12/13/2022 5/30/2023 6/5/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand within the Panther Walk Preserve project area. The McGinnis parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 70th Ave NE off of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Packet Pg. 366 28.A.8 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand 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. Proiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $342 $228 $228 $228 $171 Signage $200 Total $542 $228 $228 $228 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Packet Pg. 367 28.A.8 a 1 2 Miles [] MCGINNIS, PATRICIA E Property Owner Accepted Offer Panther Walk Preserve CONWMATION �� LLIER Coil#�er Couxty Packet Pg. 368 28.A.8 1 0 0.15 ® MCGINNIS, PATRICIA E Panther Walk Preserve Miles 2 CON -Lit-VAT1ON L L" COi[ier Co..ry Packet Pg. 369 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - MCGINNIS/MAGNER TAX ID NUMBER: 39150600004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between PATRICIA E. McGINNNIS and STANLEY E. MAGNER, as tenants in common, whose address is 5512 N. Shore Dr., Leo, IN 46765 (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). W I T N E S S E T H 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: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A" II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY- TWO THOUSAND EIGHT HUNDRED and 001100 DOLLARS ($42,800), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before 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 Attorney's Office, Administration 0 Packet Pg. 370 28.A.8 CONSERVATION COLLIER — CYCLE 11A PANTHER WALK —McGINNISIMAGNER TAX ID NUMBER: 39150600004 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. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. Packet Pg. 371 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing, 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection, or Purchaser may terminate the Agreement. A failure by Purchaser to give such Packet Pg. 372 28.A.8 CONSERVATION COLLIER -M CYCLE 11A PANTHER WALK — McGINNISIMAGNER TAX ID NUMBER: 39150600004 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. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. Packet Pg. 373 28.A.8 CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - MCGINNIS/MAGNER TAX ID NUMBER: 39150600004 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to Packet Pg. 374 28.A.8 CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Packet Pg. 375 28.A.8 CONSERVATION COLLIER --CYCLE 11A PANTHER WALK - MCGINNISIMAGNER TAX 10 NUMBER: 39150600004 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property, all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental Packet Pg. 376 28.A.8 CONSERVATION COLLIER — CYCLE 11A PANTHER WALK — McGINNISIMAGNER TAX ID NUMBER: 39150600004 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Packet Pg. 377 28.A.8 CONSERVATION COLLIER -CYCLE i IA PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, FL 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Patricia E. McGinnnis 5512 N. Shore Dr. Leo, IN 46765 Telephone number: 260-409-4804 E-mail: morningdove1967@gmail.com With a copy to: Stanley E. Magner 68 N-5000 W Rd Kankakee, IL 60901 Telephone Number: (815) 216-0893 E-Mail: stanleymagner@gmail.com 11.02 The addresses 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. Packet Pg. 8 28.A.8 CONSERVATION COLLIER - CYCLE i 1A PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 if any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. Packet Pg. 379 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - McGINNIS/MAGNER TAX ID NUMBER: 39150600004 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 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA la RICK LOCASTRO, Chairman ['SIGNATURES APPEAR ON THE FOLLOWING PAGE] Packet Pg. 380 [SIGNATURES APPEAR ON THE FOLLOWING PAGE] AS TO SELLER: 28.A.8 DATED: �)—g& JtJ WITNESSES: (signature) (Print Witness Name) By: (p PATRICIA E. McGINNNIS (Signature) 0 LK/ ✓� ` w (Print Witness Name) > (Signature) (Print Witness Name) (Signature) (Print Witness Name) By: STANLEY E. MAGNER Approved as to form and legality: ssi 5 u (ojN y A Packet Pg. 381 28.A.8 CONSERVATION COLLIER — CYCLE 11A PANTHER WALK — MCGINNISIMAGNER TAX ID NUMBER: 39150600004 AS TO SELLER: DATED: i /t! / 9, gv� 'P--3 WITNESSES: (Signature) (Print Witness Name) (Signature) (Print Witness Name) (Signature) (Print Witness Name) r--�-A4-1 ( nature) (Print Witness Name) Wfo m and legality: onald T. Tomasko, Assistant County Attorney M PATRICIA E. McGINNNIS B.Ztj � p y: SrtANI_EY E.f AGNER �r ORIGINAL Packet Pg. 382 28.A.8 CONSERVATION COLLIER —CYCLE 11A PANTHER WALK — McGINNISIMAGNER TAX ID NUMBER: 39150600004 EXHIBIT "A" The East 75 feet of the West 150 feet of Tract 92 Unit 47 GOLDEN GATE ESTATES according to the plat thereof recorded in Plat Book 7 Page 32 of the Public Records of Collier County, Florida. Packet Pg. 383 28.A.8 Conservation Collier Land Acquisition Program Project Design Report Repola Braffman Property Date: June 2023 Property Owners: Andrea Repola Braffinan and Mary Hayes-Macaluso Folios : 38848960002 Location: GOLDEN GATE EST UNIT 42 W 75FT OF E 150FT OF TR 101 Size: 1.14 acres Purchase Price: $42,800 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 8/3/22 12/13/2022 5/30/2023 5/30/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand within the Panther Walk Preserve project area. The Repola Braffman parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 62" d Ave NE off of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Packet Pg. 384 28.A.8 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand 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. Proiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $342 $228 $228 $228 $171 Signage $200 Total $542 $228 $228 $228 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Packet Pg. 385 28.A.8 T a 1 2 Miles Cor county Al., s c a� E Q Packet Pg. 386 28.A.8 0 0.15 Q BRAFFMAN, ANDREA REPOLA Property Owner Accepted Offer Panther Walk Preserve Miu[zm 2 c ATION A LLIER Packet Pg. 387 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ANDREA REPOLA BRAFFMAN, a married person, whose address is 6001 N Ocean Drive, Apt. 505, Hollywood, FL 33019 and MARY HAYES-MACALUSO, a married person, whose address is 253 Tropic Drive, Lauderdale by the Sea, FL 33308, as Tenancy in Common, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"}. W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY- a TWO THOUSAND EIGHT HUNDRED and 001100 DOLLARS ($42,800), (U.S. m Currency) payable at time of closing. 111. CLOSING E 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty a (180) days following execution of this Agreement by the Purchaser, or within thirty Packet Pg. 388 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title small be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to 3: the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the a commitment, referenced in Section 4.011 thereto, and the Title Company m 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. E 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to a adjustment for prorations as hereinafter set forth. Packet Pg. 389 28.A.8 CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the a title shall be deemed acceptable. Upon notification of Purchaser's objection to m 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said a thirty (30) day period, may accept title as it then is, waiving any objection; or Packet Pg. 390 28.A.8 CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 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 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: CM ca 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or a contamination. Packet Pg. 391 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. in the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. 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 the current year's taxes, and shall be paid by Seller. a M IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements E 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 a the right to seek and enforce all rights and remedies available at law or in equity to Packet Pg. 392 1-a 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK -- REPOLA BRAFFMAN/MACALUSO TAX ID NUMBER: 38848960002 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other a property that could, if continued, adversely affect Seller's ability to sell the m 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 E acquire the Property or any portion thereof. r 10,016 Until the date fixed for Closing, so long as this Agreement remains in a force and effect, Seller shall not encumber or convey any portion of the Packet Pg. 393 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, a management, leasing, employment, service or other contracts affecting the m Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, E 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 a moratoriums, administrative or other proceedings or governmental Packet Pg. 394 28.A.8 CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) a asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall a be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and a the rights of Purchaser, hereunder, shall survive Closing and are not deemed m satisfied by conveyance of title. > 10.024 Any loss and/or damage to the Property between the date of this W Agreement and the date of Closing shall be Seller's sole risk and expense. r Q Packet Pg. 395 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK -- REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Andrea Repola Braffman 6001 N Ocean Drive, Apt. 505 Hollywood, Florida 33019 Telephone number: (954) 347-1654 E-mail: and rea.braffman@gmail, corn With a copy to: Mary Hayes-Macaluso 253 Tropic Drive Lauderdale by the Sea, Florida 33308 Telephone number: (954) 249-5096 E-mail: hayesmac@comcast.net CM 11.02 The addresses 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 r effect for all purposes. a Packet Pg. 396 28.A.8 CONSERVATION COLLIER -CYCLE 1 1A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX 10 NUMBER: 38848960002 Xll. 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 Seiler as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any a provision of this Agreement shall be applicable only to the specific instance to m which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. a Packet Pg. 397 28.A.8 CONSERVATION COLLIER - CYCLE 11A PANTHER WALK -- REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 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 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA in , Deputy Clerk RICK LOCASTRO, Chairman [SIGNATURE(S)APPEAR ON THE FOLLOWING PAGE] Al., E r a Packet Pg. 398 28.A.8 CONSERVATION COLLIER —CYCLE 11A PANTHER WALK— REPOLA BRAFFMAN/MACALUSO TAX ID NUMBER! 38848960002 AS TO SELLER: DATE D.A 'AI\G` _\ 6'-' WITNESSES: ,tea (Signature) Nk k`v-2��y i (Print Witness �nnName) i 4� ca4� (Signature) JJ (Print Witness Name) (Signature) (Print Witness Name) (Signature) (Print Witness Name) Appro as to form and legality: Ronald T. Tomasko, Assistant C my Attorney By: ANDREA REPOLA BRAFFMAN MARY HAYES-MACALUSO Q e aD.�Oo Packet Pg. 399 28.A.8 X CONSERVATION COLLIER — CYCLE 11A PANTHER WALK — REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 AS TO SELLER: DATED: WITNESSES: (Signature) (Print Witness Name) (Signature) (Print Witness Name) ignature Approy#as to form and legality: opt �.. �'�^ Ronald T. Tomasko, Assistant County Attorney ANDREA REPOLA BRAFFMAN By: w MARY Y S-M CALUSO a 1a� Packet Pg. 400 28.A.8 CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 EXHIBIT "A" The West 75 feet of the East 150 feet of Tract 101, Golden Gate Estates Unit 42, according to the plat thereof, recorded in Plat Book 7, Page 27, of the Public Records of Collier County. Parcel ID Number: 38848960002 1.14 acres Packet Pg. 401 28.A.8 Conservation Collier Land Acquisition Program Project Design Report Scalley Property Date: July 2023 Property Owners: William and Martha Scalley Folios : 38846640007 Location: GOLDEN GATE EST UNIT 42 E 75FT OF W 150FT OF TR 79 Size: 1.14 acres Purchase Price: $42,800 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 8/3/2022 12/13/2022 5/24/2023 5/26/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand within the Panther Walk Preserve project area. The Scalley parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 58th Ave NE off of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Packet Pg. 402 28.A.8 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand 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. Proiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $342 $228 $228 $228 $171 Signage $200 Total $542 $228 $228 $228 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Packet Pg. 403 28.A.8 T o 1 2 Miles SCALLEY JR, WILLIAM J=& MARTHA Property Owner Accepted Offer Panther Walk Preserve Cic �� Collier County Packet Pg. 404 28.A.8 0 0.15 ® SCALLEY JR, WILLIAM J & MARTHA Panther Walk Preserve Miles 4 GON�-(-RVAT! O N C LLIER �olliet� CrJ�-ze7t:y�*1 Packet Pg. 405 28.A.8 CONSERVATION COLLIER --CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.! 38846640007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM JOSEPH SCALLEY, Jr. and MARTHA L. SCALLEY, husband and wife, whose address is 6603 Wind Ridge Road, Mt. Airy, MD 21771, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY- TWO THOUSAND EIGHT HUNDRED and 001100 DOLLARS ($42,800), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before 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 Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Packet Pg. 406 28.A.8 CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. Packet Pg. 407 28.A.8 CONSERVATION COLLIER —CYCLE 11 PANTHER WALK- 5CALLEY PARCEL No.: 38846640007 3.03 Purchaser shall pay for the cost of recording the Warranty Deed, Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 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 Packet Pg. 408 y 28.A.8 CONSERVATION COLLIER -CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: n846640007 acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. Packet Pg. 409 28.A.8 CONSERVATION COLLIER —CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 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 investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. Packet Pg. 410 28.A.8 CONSERVATION COLLIER -- CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were Packet Pg. 411 .� 28.A.8 CONSERVATION COLLIER —CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the Packet Pg. 412 28.A.8 CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: William Joseph Scalley, Jr. and Martha L. Scalley 6603 Wind Ridge Road Mt. Airy, Maryland 21771 Telephone number: 301-829-8980 Email: bscalleyjr@gmaii.com Packet Pg. 413 28.A.8 CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 11.02 The addresses 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 and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. Packet Pg. 414 28.A.8 CONSERVATION COLLIER —CYCLE 19 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 if the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN RICK LOCASTRO, Chairman [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Packet Pg. 415 f 28.A.8 CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 DATED: WITNEWES: Y � (Signature) (Print Witness (Signature) t q L v-' L p (Print Witness Name) (Print Witness Name) (Signatur A. , WILLIAM i ' PH S ',ALL Jr. qi MARTHA L. SCALLEY d�Mf e-a1 lC L N (Print Witness Name) Appr v as to rrn and legality: Ronald T. Tomasko, Assistant County Attorney M N O N a� aW E 0 0 N Q 0 .y .3 V Q c to J Q Packet Pg. l6 28.A.8 EXHIBIT "A" The East 75' of the West 150' of Tract 79, Unit 42 Golden Gate Estates according to the plat thereof recorded in Plat Book 7, Page 27 of the Public Records of Collier County, Florida. Parcel No. 38846640007 1.4 acres Packet Pg. 417 28.A.9 Conservation Collier Land Acquisition Program Project Design Report Perona Property Date: July 2023 Property Owner(s): Barbara Perona Folio: 39957360000 Location: GOLDEN GATE EST UNIT 65 E 105FT OF TR 61 Size: 1.59 acres Purchase Price: $39,800 History of Proiect: Selected for the "A" category, AAL most recently Letter sent to Offer #1 priority, on the Active approved by BCC Winchester Accepted Acquisition List (AAL) by Head owners CCLAAC 12/15/04 12/13/2022 9/20/22 6/07/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Perona parcel is within the Winchester Head multi -parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, m 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 E Management Plan. At this time, Conservation Collier owns 99.02 acres out of a total of 158.67 acres, or 62% of the project area. Q Packet Pg. 418 28.A.9 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, 391h, and 41st Streets NE) provide paved access to the project area but the only parking is the road right-of-way. At present, a visitor parking area is not available but could be constructed in the future. An educational kiosk can be placed along one of the roads through the project containing information on wetlands and on the preservation of the area. Signs can be placed at boundaries along the roadways. Estimated Management Costs: Management Element 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. r Q 2 Packet Pg. 419 28.A.9 Miles PERONA, MICHAEL & BARBARA E Property Owner Accepted Offer Winchester Head Preserve r CO N 5f-R VAT I O N \C LLIER Co Lier County u w Packet Pg. 420 28.A.9 CONSERVATION COLLIER TAX ID NUMBER 39957360000 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BARBARA E. PERONA, Individually and as Surviving Joint Tenant with Full Rights of Survivorship, whose address is 739 Jaques Ave., Rahway, New Jersey 07065-3831 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty - Nine Thousand Eight Hundred Dollars and 00/ 100 ($39,800.00), (U.S. Currency) payable at time of closing. III. CLOSING m 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days E following execution of this Agreement by the Purchaser, or within thirty (30) days of U Purchaser's receipt of all closing documents, whichever is later. The Closing shall a 1 Packet Pg. 422 28.A.9 CONSERVATION COLLIER TAX ID NUMBER, 39957360000 be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal 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 Identification and Certification" as required by the Internal Revenue Service. 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment oIi immediately after the recording of the deed. r c 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. a 2 Packet Pg. 423 28.A.9 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1870) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the 3 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 oIi 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. In the event Seller E 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 a thirty (30) day period, may accept title as it then is, waiving any objection; or 3 Packet Pg. 424 28.A.9 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 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 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seiler shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be m 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. a 4 Packet Pg. 425 28.A.9 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. 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 Seiler acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES m 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have a 5 Packet Pg. 426 28.A.9 CONSERVATION COLLIER TAX ID NUMBER 39957360000 the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the m Property to Purchaser according to the terms of this Agreement. r c 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. a 6 Packet Pg. 427 28.A.9 CONSERVATION COLLIER TAX ID NUMBER_ 39957360000 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 Seiler represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way = (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, m management, leasing, employment, service, or other contracts affecting the Property. E 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement a assessments, pay -back agreements, paving agreements, road expansion or 7 Packet Pg. 428 28.A.9 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investiga- tions or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Packet Pg. 429 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 28.A.9 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 Fax number: 239-252-8876 If to Seller: Barbara E. Perona 739 Jaques Avenue Rahway, NJ 07065-3831 Telephone number: 609-442-5646 Domingo041092CaD-gmail.com With a copy to: 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. 9 Packet Pg. 430 CONSERVATION COLLIER TAX IQ NUMBER: 39957360000 28.A.9 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 10 Packet Pg. 431 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 28.A.9 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 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC. - AS TO PURCHASER, - ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA , Deputy Clerk EM 11 RICK LOCASTRO, Chairman Packet Pg. 432 CONSERVATION COLLIER TAX 0 NUMBER 39957360000 28.A.9 AS TO SELLER: �J DATED: �aZ� WITNESSES: 44k2�s (Witness Signature) & (�_ KVJ6 � (Print Witness Name) (Witness Signature) I Asa, vff-�.C' Q (Print Witness Name) MQNi.CA-L WOLLMANN Notary kubr1jc,Stdteof New Jersey Ircor,�mlgstyn Expires - Marff,-2025 1 � Approved as to form and legality: Ronald T. Tomasko. Assistant County Attorney 1.2 By: +d",u � . �.sc a••.c� BARBARA E PERONA, Individually and as Surviving Joint Tenant With Full Rights of Survivorship SELLER M T_ to N Q Packet Pg. 433 28.A.10 Conservation Collier Initial Criteria Screening Report Symphony Properties LLC T 0.8 Miles Owner(s): Symphony Properties LLC Size: 150 acres Folios: 00301320007, 00300880001, 00299120005, 00300800007, 00299800008, 00299440002, 00301800006, 00299480004,00299680008,00299560005,00299920001 Staff Report Date: July 14, 2023 Total Score: 276/400 200 160 150 113 100 80 78 80 80 54 50 It] 31 0 1 - Ecological 2 - Human Value 3 - Restoration 4 - Vulnerability Value and Management 0 Awarded Points 0 Possible Points 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple Table of Contents Tableof Contents......................................................................................................................................... 2 1. Introduction........................................................................................................................................... 4 2. Summary of Property............................................................................................................................ 5 Figure 1 - Parcel Location Overview...........................................................................................5 N Figure 2 - Parcel Close-up 6 0 N 2.1 Summary of Property Information....................................................................................................7 Table 1— Summary of Property Information.....................................................................................7 a� d E Figure 3 - Secondary Criteria Score....................................................................................................8 E Table 2 - SecondaryCriteria Score Summary 8 Y..................................................................................... v i>_, 2.2 Summary of Assessed Value and Property Cost Estimates..............................................................9 N Table 3. Assessed & Estimated Value................................................................................................9 Q 2.2.1 Zoning, Growth Management and Conservation Overlays....................................................9 c 2.3 Summary of Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10)................................. 10 N 3. Initial Screening Criteria......................................................................................................................12 a Q 3.1 Ecological Values............................................................................................................................. 12 coo J 3.1.1 Vegetative Communities....................................................................................................... 12 LO Figure 4 - CLIP4 Priority Natural Communities........................................................................ 13 N Figure 5 - Florida Cooperative Land Cover Classification System ............................................ 14 Figure6— Pine flatwoods........................................................................................................ 15 v Figure 7 — Improved pasture and shrub/brushland................................................................. 15 N 3.1.2 Wildlife Communities............................................................................................................ 16 m 0 L Table 4 — Listed Wildlife Detected........................................................................................... 16 a. >, Figure 8 — Gopher Tortoise burrow in west............................................................................ 16 a Figure 9 — Gopher tortoise in northeast.................................................................................. 16 >, U) Figure 10 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................. 17 d Figure 11 - CLIP4 Potential Habitat Richness........................................................................... 18 > 3.1.3 Water Resources................................................................................................................... 19 r m E Figure 12 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones ............................ 20 Figure 13 - Collier County Soil Survey...................................................................................... 21 .r Q Figure 14 LIDAR Elevation Map............................................................................................... 22 3.1.4 Ecosystem Connectivity........................................................................................................ 23 Figure 15 - Conservation Lands............................................................................................... 24 2 Packet Pg. 435 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 3.2 Human Values................................................................................................................................. 25 3.2.1 Recreation............................................................................................................................. 25 3.2.2 Accessibility........................................................................................................................... 25 3.2.3 Aesthetic/Cultural Enhancement......................................................................................... 25 Figure16 —Pine flatwoods...................................................................................................... 25 N 3.3 Restoration and Management....................................................................................................... 25 0 3.3.1 Vegetation Management...................................................................................................... 25 ti 3.3.1.1 Invasive Vegetation..................................................................................................... 25 a� r 3.3.1.2 Prescribed Fire............................................................................................................ 26 E 3.3.2 Remediation and Site Security 26 0 v 3.3.3 Assistance.............................................................................................................................. 26 r0n 3.4 Vulnerability 26 3.4.1 Zoning and Land Use............................................................................................................. 26 Figure17 - Zoning.................................................................................................................... 28 Figure18 - Zoning Overlays..................................................................................................... 29 a Q Figure 19 — Future Land Use................................................................................................... 30 ca 3.4.2 Development Plans............................................................................................................... 31 M 4. Acquisition Considerations..................................................................................................................31 0 N Figure 20 - Storage Building south of pond............................................................................. 31 Figure 21 - Residence west of cabins...................................................................................... 32 v Figure 22 - Three cabins and chickee but west of pond.......................................................... 32 N Figure 23 - 2nd chickee but east of pond................................................................................ 32 m 0 L Figure 24 - 3 shooting range shelters with shooting range berm in background east of 2'd a, chickeehut.............................................................................................................................. 33 0 Figure 25 - 2nd shooting range berm in middle of property ..................................................... 33 a E Figure 26 - Dilapidated barn.................................................................................................... 33 5. Management Needs and Costs..............................................................................................................34 Q Table 5 - Estimated Costs of Site Remediation, Improvements, and Management ................ 34 6. Potential for Matching Funds..............................................................................................................34 m 7. Secondary Criteria Scoring Form.........................................................................................................35 0 a 8. Additional Site Photos.........................................................................................................................41 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions......................................43 3 Packet Pg. 436 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 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 12th acquisition cycle 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. a 4 Packet Pg. 437 28.A.10 Initial Criteria Screening Report — Symphony Properties Owner Name(S): Symphony Properties LLC 2. Summary of Property Date: 7/14/2023 Folio Ws: multiple 0 1 2 3 Miles W SYMPHONY PROPERTIES LLC Other Conservation Areas Figure 1 - Parcel Location Overview 1' N1111 ATION C LLIER ��y Coil'fer Cox"ty d E a Packet Pg. 438 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple T 0 0.8 Miles ®SYMPHONY PROPERTIES LLC Figure 2 - Parcel Close-up a E CON ATION C) t Packet Pg. 439 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 2.1 Summary of Property Information Table 1 — Summary of Property Information Characteristic Value Comments Symphony Name Properties LLC 00301320007,00300880001,00299120005, Folio Number Multiple 00300800007,00299800008,00299440002, 00301800006, 00299480004, 00299680008, 00299560005,00299920001 Target Protection Area RFMUD - Sending Northern -most 40 ac. RFMUD - Neutral, remaining 110 ac. RFMUD — NBMO - Sending Size 150 acres 11 parcels Section, Township, and Range 513, Twn 49, R27 A-RFMUD-Sending- Agricultural base zoning in Rural Fringe Mixed Use Zoning Category/TDRs NBMO with District. Northern -most 40 ac. are Neutral; remaining northern 40 ac. 110 ac. are Sending with a North Belle Meade Overlay; a Neutral total of 18 dwelling units could be built on the property 6 buildings; 5 Metal residential building; Metal storage building; 3 covered open small wooden cabins; 2 chickee huts; 3 covered shooting Existing structures areas; 3 shooting range shelters; 2 large shooting range berms; internal berms; fencing and cattle fencing and gates; dilapidated barn gates Undeveloped; Adjacent parcels are primarily wooded; undeveloped Adjoining properties Improved pasture; lots. The 115 acre northwest adjacent, undeveloped lot and their Uses single-family and the 35 acre northeast adjacent, undeveloped lot are homes owned by the Collier County School Board Development Plans Submitted None Known Property Shooting berms 2 large shooting range berms; dilapidated barn Irregularities Other County Dept None known Interest d E a Packet Pg. 440 28.A.10 Initial Criteria Screening Report — Symphony Properties Owner Name(S): Symphony Properties LLC 180 160 140 120 100 80 60 40 20 0 Total Score: 276/400 0ON Date: 7/14/2023 Folio #'s: multiple 80 78 80 80 f 31 1 0 1 - Ecological Value 2 - Human Value 3 - Restoration and 4 - Vulnerability Management ■ Awarded Points ❑ Possible Points Figure 3 - Secondary Criteria Score Table 2 - Secondary Criteria Score Summary Criteria Awarded Weighted Points Possible Weighted Points Awarded/Possible Points 1 - Ecological Value 113 160 71% 1.1 - Vegetative Communities 35 53 65% 1.2 - Wildlife Communities 27 27 100% 1.3 - Water Resources 19 27 70% 1.4 - Ecosystem Connectivity 33 53 63% 2 - Human Values 54 80 68/ 2.1 - Recreation 23 34 67% 2.2 - Accessibility 26 34 75% 2.3 - Aesthetics/Cultural Enhancement 6 11 50% 3 - Restoration and Management 78 80 97% 3.1 - Vegetation Management 55 55 100% 3.2 - Remediation and Site Security 23 23 100% 3.3 - Assistance 0 2 0% 4 - Vulnerability 31 80 39% 4.1 - Zoning and Land Use 24 58 42% 4.2 - Development Plans 7 22 30% Total 276 400 69% E-11 .r a Packet Pg. 441 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 2.2 Summary of Assessed Value and Property Cost Estimates The interest being appraised is fee simple "as is" for the purchase of the site. A value of the parcel was 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 relied 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 choose to acquire this property, two appraisals by two independent Real Estate Appraisers will be obtained at that time. Pursuant to the Conservation Collier Purchase Policy, two appraisals are required for the Symphony Properties LLC parcels, which have an initial estimated valuation more than $500,000; 2 independent Real Estate Appraisers will value the subject property and the average of those 2 appraisal reports will be used to determine the offer made to the seller. Table 3. Assessed & Estimated Value Property owner Address Acreage Assessed EstimatedValue* Value** Symphony Properties LLC No address 150 $2,368,614 $ * Assessed Value is obtained from the Property Appraiser's Website. The Assessed Value is based off N the current use of the property. **The Estimated Value for the parcels will be obtained from the Collier County Real Estate Services N Department prior to CCLAAC ranking. 2 m a 0 2.2.1 Zoning, Growth Management and Conservation Overlays a Zoning, growth management and conservation overlays will affect the value of a parcel. These parcels o are all zoned agricultural within the Rural Fringe Mixed Use District. The southern -most 110 acres are a Sending with a North Belle Meade Overlay. The Northern -most 40 ac. are Neutral. d E a E Packet Pg. 442 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 2.3 Summary of 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: Parcels contain Hydric pine flatwoods, Mesic pine flatwoods, Palmetto Prairie, and Shrub Brushland. 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: The parcels are accessible from 20th St. SE. Property could be used for hiking, biking, horseback riding, and possibly limited hunting, depending on surrounding uses. 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: Hydric soils exist on approximately 50% of the property and some areas of the property hold water during the wet season. The entire property contributes minimally to aquifer recharge. 10 Packet Pg. 443 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 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 Statement for Satisfaction of Criteria 4: A gopher tortoise was observed in the northeast parcel and gopher tortoise burrows were observed in the southern parcels. FWC Species Richness Maps show potential for 1-13 species to utilize the property including federally endangered Florida panther and Florida bonneted bat and state -threatened Big Cypress fox squirrel. Open areas could support crested caracara and sandhill crane. 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? NO Is this property within the boundary of another agency's acquisition project? NO Statement for Satisfaction of Criteria 5: These parcels are not adjacent to any conservation land; however, undeveloped land exists between the property and a large area of private conservation easements to the southwest. a 11 Packet Pg. 444 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 3. Initial Screening Criteria 3.1 Ecological Values 3.1.1 Vegetative Communities The Symphony Properties property contains a variety of vegetative communities including pine flatwoods, mesic pine flatwoods, hydric pine flatwoods, palmetto prairie, and shrub/brushland. All communities are relatively open, as they are maintained by grazing cattle. Although 115 acres of the property are mapped as Rural Open, only approximately 45 acres of the property consist of Rural Open — cleared land with occasional cabbage palm (Saba) palmetto) and Brazilian pepper (Schinus terebinthifolia) with primarily bahiagrass (Paspalum notatum) groundcover. The major plant communities present are hydric flatwoods (CLIP Priority II Natural Community), mesic flatwoods (CLIP Priority II Natural Community), and pine flatwoods. All three communities contain primarily slash pine (Pinus elliotti) in the canopy with cabbage palm and myrsine (Myrsine cubana) in the midstory. The mesic flatwoods groundcover is dominated by saw palmetto (Serenoa repens), muscadine grape (Vitis rotundifolia), grasses and herbaceous plants. Hydric flatwoods midstory also contains wax myrtle (Myrica cerifera). Ground cover in the hydric flatwoods is composed of scattered saw palmetto and small wax myrtle, along with grasses, sedges, and herbaceous plants. The pine flatwoods plant community contains winged sumac (Rhus copallinum) and American beautyberry (Callicarpa americana) in the midstory with bracken fern (Pteridium aquilinum) and muscadine grape in the groundcover. Palmetto Prairie contains saw palmetto with occasional rusty lyonia (Lyonia ferruginea) in the midstory. The shrub/brushland community is succeeding from improved pasture and includes cabbage palm, saw palmetto, wax myrtle, and slash pine seedlings. Very few invasive plants were observed and included one patch of cogon grass (Imperata cylindrica), occasional Caesar weed (Urena lobata), Brazilian pepper, lantana (Lantana strigocamara), and shrubby false buttonwood (Spermacoce verticillata). Brazilian pepper was primarily present in the northern- most 40 acres and the central 10 acres containing the dilapidated barn. d E a 12 Packet Pg. 445 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 0 0.8 Miles SYMPHONY PROPERTIES LLC 0 CLIP4 Priority Natural Communities Q Priority 1 (highest) Priority 2 co Priority 3 d Priority 4 E CONYE .. ATION V C LLIER ram+ Collier County' Q Figure 4 - CLIP4 Priority Natural Communities 13 Packet Pg. 446 28.A.10 Initial Criteria Screening Report - Symphony Properties Owner Name(S): Symphony Properties LLC Date: 7/14/2023 Folio Ws: multiple T0 Miles 0.$ SYMPHONY PROPERTIES LLC Land Cover Cabbage Palm Canal Citrus Cypress/Pine/Cabbage Palm Fallow Cropland Fallow Orchards Hydric Pine Flatwoods 1 Improved Pasture Mesic Flatwoods Mixed Scrub -Shrub Wetland Mixed Wetland Hardwoods Ornamentals Palmetto Prairie Residential, Low Density Rural Open Rural Structures Shrub and Brushland Transportation Wet Prairie Figure 5 - Florida Cooperative Land Cover Classification System CON ATION veers 14 Packet Pg. 447 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple Figure 6 — Pine flatwoods Figure 7— Improved pasture and shrub/brushland d E a 15 Packet Pg. 448 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 3.1.2 Wildlife Communities The size of the property allows for it to support a wide range of species including deer, bobcat, and Florida black bear. A gopher tortoise and several gopher tortoise burrows were observed during the site visit. CLIP4 Species Richness Maps show potential for 1-13 focal species to utilize the properties including federally endangered Florida panther, red -cockaded woodpecker, Florida bonneted bat, and state - threatened Big Cypress fox squirrel. The property could become nesting/foraging habitat for endangered red -cockaded woodpeckers in the future if existing clusters to the south expand north. Open areas within the property could support crested caracara and sandhill crane. Table 4 — Listed Wildlife Detected Federal Common Name Scientific Name State Status Mode of Detection Status Gopher Tortoise Gopherus polyphemus Threatened N/A Observed on site visit Figure 8 — Gopher Tortoise burrow in west Figure 9 — Gopher tortoise in northeast U_ N N d Q 0 L a. 0 Q E co r d E a 16 Packet Pg. 449 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 0 1 Miles L SYMPHONY PROPERTIES LLC L Florida Panther Mortality L Florida Panther Telemetry ® Black Bear Telemetry Figure 10 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) a E CON ATION LLIER GO Ci CoxnLy _ u 17 Packet Pg. 450 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 0 0.8 Miles ® SYMPHONY PROPERTIES LLC VALUE 1 species 2-4 species 5-6 species 7 species F 8-13 species Figure 11 - CLIP4 Potential Habitat Richness ■ sm CON ATION C Lli Eft GO BY CiOl1H�' 4nr� Packet Pg. 451 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 3.1.3 Water Resources The mesic flatwoods and hydric flatwoods hold shallow surface water during the wet season. These wet areas provide seasonal habitat for wetland dependent species. These parcels do not provide significant aquifer recharge capacity, but the southern areas protect the 20-year wellfield protection zone. Approximately half the property is mapped as having hydric soils, which include: "Holopaw Fine Sand, Limestone Substratum"; "Riviera Fine Sand, Limestone Substratum"; and "Hallandale and Boca Fine Sands" - all three of which are nearly level, poorly drained soils associated with sloughs and broad, poorly defined drainageways. d E a 19 Packet Pg. 452 28.A.10 Initial Criteria Screening Report —Symphony Properties Owner Name(S): Symphony Properties LLC Date:7/14/2023 Folio Ws: multiple 7. _______________ ------------------ ---------------------------- ---------------------------------------- - - -- ---------------------------- --------------------------------------------- ---------------------------- ------------------------------ --- ------------------------- --------------- --- --- --- -------------------- - - ---- -- --- --- -- -I__II -------------------------------------- - -- - -- ---- ---- ------------------ -------- - - - - ------------ - - - - ---------- - - - - -- - -- - - -- ------------------- --------------------------------------- - -- - -- - - -- ---- ------------------ ------------------------------------------- ---- ---- ------------------- --___--__--__--__--_=_�___==_�____--__--------__-_-_-_-_-_--_-__-_- _--_-_-_-_-_-_-_-_-_-_-_- --------- - ----- -- ------------------ ------------------------------------------------------ ------------------ --------------------------------------------------------------------------- --------------------------------------------------------------------------- --------------------------------------------------------------------------- '� a 0.8 Miles SYMPHONY PROPERTIES LLC Priority 6 Wellfield Protection Zones 1-YEAR 2-YEAR ° 5-YEAR 20-YEAR CLIP4 Aquifer Recharge Priority 1- HIGHEST Priority 2 Priority 3 CON ATION urea Priority 4 Priority 5 Figure 12 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones 20 a Packet Pg. 453 28.A.10 Initial Criteria Screening Report — Symphony Properties Owner Name(S): Symphony Properties LLC 1, Date: 7/14/2023 Folio #'s: multiple 0 0.8 Miles SYMPHONY PROPERTIES LLC COMPNAME BOCA FINE SAND CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL HALLANDALE AND BOCA FINE SANDS HOLOPAW FINE SAND, LIMESTONE SUBSTRATUM OLDSMAR FINE SAND PINEDA FINE SAND, LIMESTONE SUBSTRATUM RIVIERA FINE SAND, LIMESTONE SUBSTRATUM Figure 13 - Collier County Soil Survey CON A710N LLIER C..O 2T C.Ol1H�' 21 W Cn v rn d m a 0 a 0 CL E U) d a� E M Q Packet Pg. 454 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 0 0.8 Miles SYMPHONY PROPERTIES LLC LI DAR Valu - nigh : 104.644 Low.- -4.11745 Figure 14 LIDAR Elevation Mop COM ATIOIJ LLIER 9p CC---U 22 W Cn v rn d m a 0 a 0 CL E U) d c m E M Q Packet Pg. 455 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 3.1.4 Ecosystem Connectivity These parcels do not directly connect to conservation land; however, undeveloped land and improved pasture lies between the property and a large block of private conservation easements to the southwest. These conservation easements are connected to the Picayune Strand State Forest via wildlife underpasses to the south, and to the remaining undeveloped portions of the Golden Gate Estates to the west. d E a 23 Packet Pg. 456 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 0 1 2 3 4 5 6 7 8 9 10 11 12 Miles SYMPHONY PROPERTIES LLC Conservation Collier Preserve Other Conservation Areas Figure 15 - Conservation Lands CONYE ATION V C LLIER C;, County } a 24 Packet Pg. 457 28.A.10 Initial Criteria Screening Report — Symphony Properties Owner Name(S): Symphony Properties LLC 3.2 Human Values Date: 7/14/2023 Folio Ws: multiple 3.2.1 Recreation These parcels could provide year-round access for a wide variety of recreational activities including but not limited to hunting, fishing, equestrian, cycling, hiking. The open landscape provides excellent opportunities for wildlife watching. There is an established trail network on site with minimal alteration could provide miles of hiking trails. 3.2.2 Accessibility The property is accessible via 20th St. SE, an unimproved public roadway. 3.2.3 Aesthetic/Cultural Enhancement These parcels provide an excellent example of pine flatwoods communities. The property is adjacent to two properties owned by the Collier County School Board - a 115-acre undeveloped lot to the northwest and a 35-acre undeveloped to the northeast. The proximity to these school sites could afford opportunities for natural resource -based recreation and educational opportunities for students in the future. M0 Figure 16 — Pine flotwoods 3.3 Restoration and Management a 3.3.1 Vegetation Management c a� 3.3.1.1 Invasive Vegetation E Very few invasive plants were observed and included one patch of cogon grass (Imperata cylindrica), r w occasional Caesar weed (Urena lobata), Brazilian pepper, lantana (Lantana strigocamara), and shrubby Q false buttonwood (Spermacoce verticillata). Brazilian pepper was primarily present in the northern- most 40 acres and the central 10 acres containing the dilapidated barn. 25 Packet Pg. 458 28.A.10 Initial Criteria Screening Report — Symphony Properties Owner Name(S): Symphony Properties LLC 3.3.1.2 Prescribed Fire Date: 7/14/2023 Folio #'s: multiple These parcels would benefit from regular prescribed burning. The entire boundary of the property contains trails that could be enhanced to create serviceable firebreaks. Existing internal trails may be utilized as fire breaks. Although native, the high density of cabbage palms in some areas of the property creates an obstacle to restoration by overcrowding more desirable species and creating fuel loads that other species cannot tolerate when burned. When occurring at sufficient density, cabbage palms burn at high temperatures that kill the overstory trees. This reduction in canopy cover creates desirable conditions for cabbage palm recruitment which in turn increases intensity of subsequent fires. Where necessary, cabbage palms will have to be chemically or mechanically thinned and then burned on a short return interval to maintain the slash pine canopy. 3.3.2 Remediation and Site Security There are some off -road vehicle trails crossing the parcels primarily around the perimeter and leading to adjacent properties; however, the remoteness of the parcels and existing perimeter barbwire fencing limits trespass. Most off -road traffic within the parcels is suspected to be done by those accessing adjacent private properties. 3.3.3 Assistance Assistance is not predicted. 3.4 Vulnerability 3.4.1 Zoning and Land Use These parcels are within Rural Fringe Mixed Use Overlay (RFMUO). The northern 40 acres are Neutral, while the remaining 110 acres are Sending Lands within the North Belle Meade Overlay (NBMO). One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral Lands, while one dwelling unit per 40 acres (or one dwelling unit per lot or parcel) is the maximum density permitted in RFMU Sending Lands. Therefore, a total of 18 dwelling units could be built on the property. LDC section 2.03.08.A provides the description of Neutral Lands: Neutral lands have been identified for limited semi -rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. LDC section 2.03.08.A provides the description of Sending Lands: RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 D.4.c. 26 U_ N N as a 0 a 0 a E co d c as E 0 a Packet Pg. 459 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple LDC section 2.03.08.0 provides the description of the N13M0: The North Belle Meade Overlay (NBMO) is unique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. a 27 Packet Pg. 460 28.A.10 Initial Criteria Screening Report — Symphony Properties Owner Name(S): Symphony Properties LLC Date: 7/14/2023 Folio Ws: multiple 0 0.8 Miles SYMPHONY PROPERTIES LLC Zoning General A lE Figure 17 - Zoning CON ATION veers Co er Coxnty a Packet Pg. 461 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 0 0.8 Miles SYMPHONY PROPERTIES LLC Zoning Overlay RFMUO-NBMO-NEUTRAL RFMUO-NBMO-SENDING RFM U O-N RPA-N B MO-S EN D I N G Figure 18 - Zoning Overlays a a� •� E CON A710N � LLIER Q C..O 2T C.Ol1H�' 29 Packet Pg. 462 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple T 0 0.8 Miles SYMPHONY PROPERTIES LLC Future Land Use Agricultural / Rural Designation Estates Desingation r RF-Neutral F RF-Sending GO BY CiOl1H�' Figure 19 — Future Land Use 30 Packet Pg. 463 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 3.4.2 Development Plans None known. Several buildings currently exist within the northern -most 40 acres. 4. Acquisition Considerations Staff would like to bring the following items to the attention of the Advisory Committee during the review of this property. The following does not affect the scoring. The following are items that will be addressed in the Executive Summary to the Board of County Commissioners if this property moves forward for ranking. The property is adjacent to 2 undeveloped parcels owned by the Collier County School Board. If acquired, this property could provide natural resource -based recreation and educational opportunities for students in the future. A metal residential building, a metal storage building, three small wooden cabins, 2 chickee huts, 3 covered shooting range shelters, 2 large shooting range berms, and a dilapidated barn exist on the property. Staff recommends exploring the option of utilizing the metal residential building and cabins as satellite offices and the metal storage building for storage of equipment. The chickee huts, shooting range shelters, dilapidated barn, and possibly the cabins should be removed prior to acquisition. Staff recommends a Phase 1 Environmental Assessment to determine whether remediation of the shooting range berms is required prior to acquisition. Cattle currently graze the property. Cattle should be removed if acquired. Figure 20 - Storage Building south of pond d r E M r w a 31 Packet Pg. 464 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple Figure 21 - Residence west of cabins Figure 22 - Three cabins and chickee but west of pond �k g, Figure 23 - 2nd chickee but east of pond G d E Q 32 Packet Pg. 465 28.A.10 Initial Criteria Screening Report — Symphony Properties Owner Name(S): Symphony Properties LLC Date: 7/14/2023 Folio Ws: multiple Mi Figure 24 - 3 shooting range shelters with shooting range berm in background east of 2 d chickee but Figure 25 - 2 d shooting range berm in middle of property Figure 26 - Dilapidated barn a 33 Packet Pg. 466 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple 5. Management Needs and Costs Table 5 - Estimated Costs of Site Remediation, Improvements, and Management Management Initial Annual Comments Element Cost Recurring Cost Invasive Vegetation $45,000 $22,500 $300/acre initial, $150/acre recurring. 150-acres Removal Cabbage Palm $60,000 N/A $400/acre.150-acres Treatment Trail/Firebreak Installation and $2,500 $2,500 Connecting established trails and installing firebreaks Maintenance along property boundaries Interpretive Signage $1,000 N/A Total $108,500 $25,000 6. Potential for Matching Funds There are no known matching funds or partnership opportunities for acquisition in this area. a 34 Packet Pg. 467 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 7. Secondary Criteria Scoring Form Property Name: Symphony Properties LLC Target Protection Mailing Area: RFMUD - Sending Folio(s): 00301320007, 00300880001, 00299120005, 00300800007, 00299800008,00299440002,00301800006,00299480004, 00299680008,00299560005,00299920001 Secondary Criteria Scoring Possible Points Awarded Points percentage 1 - Ecological Value 160 113 71 2 - Human Value 80 54 68 3 - Restoration and Management 80 78 97 4 - Vulnerability 80 31 39 TOTAL SCORE 400 276 69 1 - ECOLOGICAL VALUES (40% of total) Possible Awarded Comments Points Points 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, 100 1630 - Coastal Grasslands, 1640 - Coastal Strand, or 1650 - Maritime Hammock) b. Parcel contains CLIP4 Priority 2 communities (22211 - Hydric Pine Wet and Flatwoods, 2221 - Wet Flatwoods, or 1311 - Mesic Flatwoods) 60 60 Mesic flatwoods c. Parcel contains CLIP4 Priority 3 communities (5250 - Mangrove Swamp, or 5240 - Salt Marsh) 50 d. Parcel contains CLIP4 Priority 4 communities (5250 - Mangrove Swamp) 25 Wet flatwoods, 1.1.2 - Plant community diversity (Select the highest score) mesic flatwoods, palmetto prairie 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 35 a Packet Pg. 468 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple b. Parcel has 3-4 CLC listed plant species 20 c. Parcel has <_ 2 CLC listed plant species 10 d. Parcel has 0 CLC listed plant species 0 0 none observed 1.1.4 - Invasive Plant Infestation (Select highest score) a. 0 - 10% infestation 50 50 very few exotics b. 10 - 25% infestation 40 c. 25 - 50% infestation 30 d. 50 - 75% infestation 20 e. >_75% infestation 10 1.2 - WILDLIFE COMMUNITIES 100 100 1.2.1- Listed wildlife species (Select the highest score) a. Listed wildlife species documented on the parcel 80 80 gopher tortoise 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) large amount of high quality a. Parcel protects significant wildlife habitat (Please describe) 20 20 pine flatwoods and palmetto b. Parcel enhances adjacent to significant wildlife habitat (Please describe) 10 c. Parcel does not enhance significant wildlife habitat 0 1.3 - WATER RESOURCES 100 70 1.3.1- Aquifer recharge (Select the highest score) a. Parcel is located within a wellfield protection zone or within a CLIP4 20 yr Aquifer Recharge Priority 1 area wellfield 40 40 prot zone 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 b. Parcel is contiguous with and provides buffering for a creek, river, lake, canal or other surface water body 20 36 a Packet Pg. 469 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple c. Parcel is contiguous with and provides buffering for an identified flowway 15 d. Wetlands exist on site 10 10 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 d. Parcel does not provide floodplain management benefits 0 1.4 - ECOSYSTEM CONNECTIVITY 200 125 1.4.1- Acreage (Select Highest Score) a. Parcel is >_ 300 acres 150 b. Parcel is >_ 100 acres 100 100 150 b. Parcel is >_ 50 acres 75 c. Parcel is >_ 25 acres 25 d. Parcel is >_ 10 acres 15 e. Parcel is < 10 acres 0 1.4.2 - Connectivity (Select highest score) a. Parcel is immediately contiguous with conservation lands 50 b. Parcel is not immediately contiguous, but parcels between it and nearby conservation lands are undeveloped 25 25 c. Parcel is isolated from conservation land 0 ECOLOGICAL VALUES TOTAL POINTS 600 425 ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible Points*160) 160 113 2 - HUMAN VALUES (20%) Possible Points Awarded Points Comments 2.1- RECREATION 120 80 2.1.1- Compatible recreation activities (Select all that apply) a. Hunting 20 20 b. Fishing 20 c. Water -based recreation (paddling, swimming, etc) 20 d. Biking 20 20 e. Equestrian 20 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 90 2.2.1- Seasonality (Select the highest score) a. Parcel accessible for land -based recreation year round 20 20 37 a Packet Pg. 470 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple b. Parcel accessible for land -based recreation seasonally 10 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 b. Public access via unpaved road 30 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 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 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 20 2.3.1- Aesthetic/cultural value (Choose all that apply) a. Mature/outstanding native vegetation 5 5 b. Scenic vistas 5 5 c. Frontage enhances aesthetics of public thoroughfare 10 10 d. Archaeological/historical structures present 15 e. Other (Please describe) 5 f. None 0 HUMAN VALUES TOTAL SCORE 280 190 HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 54 3 - RESTORATION AND MANAGEMENT (20%) Possible Awarded Comments Points Points 3.1 - VEGETATION MANAGEMENT 120 120 3.1.1- Invasive plant management needs (Select the highest score) a. Minimal invasive/nuisance plant management necessary to restore and maintain native plant communities (<30%) 100 100 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 a Packet Pg. 471 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 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 20 20 communities b. Parcel contains fire dependent plant communities and is 0 incompatible with prescribed fire 3.2 - REMEDIATION AND SITE SECURITY 50 50 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 50 b. Moderate site remediation or human conflict issues predicted 20 (Please describe) c. Major site remediation or human conflict issues predicted (Please 5 describe) 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 175 170 RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded 80 78 Points/Possible Points*80) 4 - VULNERABILITY (20%) Possible Points Awarded Points Comments 4.1 - ZONING AND LAND USE 130 55 4.1.1- Zoning and land use designation (Select the highest score) a. Zoning allows for Single Family, Multifamily, industrial or commercial 100 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 50 d. Zoning favors stewardship or conservation 0 4.1.2 - Future Land Use Type (Select the highest score) a. Parcel designated Urban 30 b. Parcel designated Estates, Rural Fringe Receiving and Neutral, Agriculture 25 c. Parcel designated Rural Fringe Sending, Rural Lands Stewardship Area 5 5 d. Parcel is designated Conservation 0 4.2 - DEVELOPMENT PLANS 50 15 4.2.1- Development plans (Select the highest score) a. Parcel has been approved for development 20 39 a Packet Pg. 472 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 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 10 b. Parcel is along a major roadway 10 c. Parcel is >10 acres S S d. Parcel is within 1 mile of a current or planned commercial or multi- S unit residential development VULNERABILITY TOTAL SCORE 180 70 VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 31 d E a IN Packet Pg. 473 #1� v r ?; { An SAthf r. 40 11 41 It 77, �.. i � •i `V � � R �'^� try � ,�, �`..y �a"� 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple Mesic pine flatwoods Grazed depressional area Improved pasture/Rural open d E a 42 Packet Pg. 475 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio #'s: multiple 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. Fieure 4 - CLIP4 Prioritv Natural Communities Consists of 12 priority natural community types: upland glades, pine rocklands, seepage slopes, scrub, r sandhill, sandhill upland lakes, rockland hammock, coastal uplands, imperiled coastal lakes, dry prairie, T) upland pine, pine flatwoods, upland hardwood forest, or coastal wetlands. These natural communities a 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. LO Priority 2 includes G1-G3 Medium and G4 Very High/High. Priority 3 includes G4 Medium and G5 Very N 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 a Cooperative Land Cover (CLC) data layer, which is a compilation of best -available land cover data for as a the entire state. The CLC is based on both remote -sensed (from aerial photography, primarily from ° a water management district FLUCCS data) and ground-truthed (from field surveys on many > conservation lands) data. n E Figure 11. Potential Habitat Richness CLIP4 Map U) r This CLIP version 4.0 data layer is unchanged from CLIP v3.0. FWC Potential Habitat Richness. Because Q SHCAs do not address species richness, FWC also developed the potential habitat richness layer to r 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 Q 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. 43 Packet Pg. 476 28.A.10 Initial Criteria Screening Report — Symphony Properties Date: 7/14/2023 Owner Name(S): Symphony Properties LLC Folio Ws: multiple Figure 12: 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. d E a 44 Packet Pg. 477 -b�-� aa};iwWOO fdOSInpV uoi;isinbod puel : £569Z) }sll 6ui)queN OVV-133 VZ� 91DA3 -8-n :;uGwt438};d L � a U c oa) a Q -00 d co c a) U a) U � U cn c x ccU m o ° _ Co y O ` U O U U U 3 o c uth P P A o m to co 3� w •�' o 0 0 °' � � a a c c c c �, -• 0 o o -o a Uj � �' Q � E U ce U cd U ca ai U U U U U a) b cs"tl U - N cue ai .^, N .N a) � 7. 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