Agenda 12/10/2024 Item #16A10 (Approve and execute an extension to the Memorandum of Understanding with the Florida Wildlife Corridor Foundation (FWCF) under the Conservation Collier Land Acquisition Program that allows FWCF to contribute)12/10/2024
Item # 16.A.10
ID# 2024-1954
Executive Summary
Recommendation to approve and execute an extension to the Memorandum of Understanding with the Florida Wildlife
Corridor Foundation (FWCF) under the Conservation Collier Land Acquisition Program that allows FWCF to contribute
up to $1,283,455 towards the acquisition of Conservation Collier A-list parcels within the Panther Walk Preserve Multi-
parcel project area.
OBJECTIVE: To approve and execute an extension to the Memorandum of Understanding with the Florida Wildlife
Corridor Foundation (FWCF) under the Conservation Collier Land Acquisition Program that allows FWCF to contribute
up to $1,283,455 towards the acquisition of Conservation Collier A-list parcels within the Panther Walk Preserve Multi-
parcel project area.
CONSIDERATIONS: On April 23, 2024 (Agenda Item 16A1), the Collier County Board of County Commissioners
entered into a Memorandum of Understanding (MOU) with FWCF that allows FWCF to provide up to $1,500,000 in
matching 1:1 funds towards Conservation Collier’s Panther Walk Preserve Multi-parcel project area acquisition closings
from January 31, 2024, through December 31, 2024. To date, FWCF has contributed $102,240 towards the acquisition
of 4 parcels totaling 7.05 acres and has committed to contributing an additional $114,305 towards the acquisition of 3
parcels totaling 7.73 acres through December 31, 2024.
As stated in the MOU, successful implementation of the program will inform potential ability to extend or execute a
similar agreement for 2025 for unused FWCF funds. FWCF is seeking to extend the MOU through December 31, 2025,
in order to continue their ability to contribute matching 1:1 funds towards Panther Walk Preserve Multi-parcel project
closings through December 31, 2025.
Continued successful implementation of the MOU could lead to its extension or the execution of a similar 2026 MOU
for unused FWCF funds.
FISCAL IMPACT: The executed FWCF MOU extension would result in savings of up to $1,283,455 to Collier County
for land acquisitions within the Panther Walk Preserve Multi-parcel project area. The funds for land acquisitions within
the Panther Walk Preserve Multi-parcel project area are available in the Conservation Collier Acquisition Trust Fund
(1061). FWCF will wire transfer match funds to Conservation Collier Acquisition Trust Fund (1061) after the Board
approves each Purchase Agreement of County Commissioners and documentation is received demonstrating that of the
MOU conditions have been met.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports
Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
- SAA
RECOMMENDATIONS: To approve an extension to the Memorandum of Understanding with the FWCF under the
Conservation Collier Land Acquisition Program to allow the FWFC to contribute up to $1,283,455 towards the
acquisition of Conservation Collier A-list parcels within the Panther Walk Preserve Multi-parcel project area and
authorize the Chairman to execute the attached Memorandum of Understanding.
PREPARED BY: Melissa Hennig, Environmental Specialist I, Growth Management Community Development
Department
ATTACHMENTS:
1. FWCF MOU 04_23_2024 Item #16A 1
2. Wildlife Corridor MOU Extension
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12/10/2024
Item # 16.A.10
ID# 2024-1954
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6A 1
INSTR 6542942 OR 6357 PG 1445
RECORDED 5/ 7/2024 2:22 PM PAGES 5
Florida CLERK OF THE CIRCUIT COURT AND COMPTROLLER
0111., WILDLIFE COLLIER COUNTY FLORIDA
IOW CORRIDOR REC$44 00
Foundation
Memorandum of Understanding
This agreement is made between the Collier County Board of County Commissioners ("Collier County"), and
Florida Wildlife Corridor Foundation, Inc. ("FWCF") (referred to collectively as the "Parties"), effective April 23,
2024. This agreement is subject to the terms and conditions contained herein between the Parties and is made
part thereof.
Period of Performance
Conservation Collier, a program of Collier County, is authorized to plan for and request use of FWCF's Corridor
Critical Linkages Fund to close qualifying acquisitions starting Jan 31, 2024 through Dec 31, 2024. Successful
implementation of the program will inform potential ability to extend or execute a similar agreement for 2025 for
unused FWCF funds.
Scope of Work
Collier County agrees to:
a. Offer landowners 100% of appraised value, as determined by most recent market studies, for all
acquisitions in Target Area where FWCF funds will also be used.
b. Work to accelerate the pace of conservation in the acquisition target area by using FWCF funds as a match
to existing Conservation Collier program budget. Collier County will make a good faith effort to achieve a
near 1:1 match until their Panther Walk designated funds are expended.
c. Provide and utilize existing program resources for management and execution of landowner outreach and
acquisitions including offer letters, due diligence, and transaction support.
d. Provide written quarterly progress reports highlighting acquisitions to date funded by each party and
pipeline or outlook for next quarter, on or before March 31,June 30, and Sept 30, 2024.
Florida Wildlife Corridor Foundation agrees to:
a. Contribute one half of the contract price for each acquired parcel within the Target Area,up to$1.5 million
Total authorized Corridor Critical Linkages Funds), during the Period of Performance to match and
accelerate the pace of conservation in the target acquisition area.
b. Wire required funds for each transaction to designated closing account after each Purchase Agreement is
approved by the Board of County Commissioners, after documentation is received demonstrating that all
MOU conditions have been met in preparation for closing, and after wiring instructions have been
provided.
c. Fully yield implementation for acquisition process to Conservation Collier and not influence decision-
making or management of the effort, so long as FWCF fund use is consistent with the terms in this MOU.
Page 4150 of 10663
16A1.
Qualifying Acquisitions
Qualifying acquisitions are defined as fee simple purchases of lots in the target acquisition area for 100%of
appraised value as determined by most-recent market studies.
Target Area
The acquisition target area shall consist of all parcels north of 60'Ave. NE within the Conservation Collier
Panther Walk Preserve Multi-parcel project area, as depicted here:
IMMOKALEE RD
72ND AVE NE J
70TH AVE NE
68TH AVE NE
z
66TH AVE NE r
cn
m
64TH AVE NE I
w
62ND AVE NE
60TH AVE NE I III I -
TI0 1 2
Miles
Panther Walk Preserve Multi-Parcel Project Area
Panther Walk Preserve t7FWCFTargetAreaParcels
1
1031.
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CON ATION
LLIER
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Co County \,
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16AI.
Indemnification
To the extent provided by law, each party shall indemnify, defend,save, and hold harmless the other party and
all of the other party officers, agents or employees from all suits, actions, claims, demands, or liability of any
nature whatsoever arising out of, because of, by any negligent act, or by any occurrence of commission of the
acts, by the other party officers, agents, or employees. Neither party officers, agents, or employees will
be liable under this section for damages arising out of injury or damage or persons or property directly
caused or resulting from the negligence of the other party or any of the other party officers, agents, or
employees. This indemnification shall not be deemed a waiver of any limitation of liability to which the County
may be entitled under Florida Statutes, including but not limited to Section 768.28, Florida Statutes.
Governing Law, Jurisdiction, and Venue
This Agreement and all related documents including all schedules attached hereto and all matters arising out of
or relating to this Agreement, and the Services provided hereunder,whether sounding in contract,tort, or
statute for all purposes shall be governed by, and construed in accordance with,the laws of the State of Florida,
without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction other
than those of the State of Florida to apply. Any action or proceeding by either of the Parties to enforce this
Agreement shall be brought only in any state or federal court located in the State of Florida, County of Collier.
The Parties hereby irrevocably submit to the non-exclusive jurisdiction of these courts and waive the defense of
inconvenient forum to the maintenance of any action or proceeding in such venue.
IN WITNESS WHEREOF,the parties hereto have caused this MOU to be effective as of the day, month and year
first written above.
23-IsNS-007-16/1826 53 7/11
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1 6 A 1
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by
the undersigned officials, as duly authorized.
FLORIDA WILDLIFE CORRIDOR
FOUNDATION, INC.
By'
Print: RO47 L. b.n4o1P71/—
Title: Coo
TTEST: BOARD OF COUNTY COMMISSIONERS
C stal K. Kinzel, Clerk of Courts OF COLLIER COUNTY, FLORIDA
C ptroller
By:
By: Rick LoCastro, Chairman
De ty Clerk
l yi
Approved as to form and
legality
Sally A. Ashkar L2
Assistant County Attorney ` /
Gp,O
Page 4153 of 10663
16A1
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be
executed by the undersigned officials, as duly authorized.
FLORIDA WILDLIFE CORRIDOR
FOUNDATION, INC.
By:
Print:
Title:
ATTEST: BOARD OF CO NTY COMMISSIONERS
Crystal,.K. Kinzel, Clerk of Courts OF COLLIER U TY, FL IDA
Comptroller
By:
Chris Hall, Chairman
Depu Clerk Attest as to s
signature only
Approv as o form and
legality
a ly kar
Assistant County Attorney
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