Agenda 04/22/2025 Item #16A174/22/2025
Item # 16.A.17
ID# 2025-934
Executive Summary
Recommendation to approve First Amendment to Agreement for Sale and Purchase for the Cypress Cove Landkeepers,
Inc., f/k/a Cypress Cove Conservancy, Inc., a Florida not-for-profit Corporation (Cypress Cove), to extend the due
diligence period to August 12, 2025, and the closing date deadline to October 11, 2025, or within thirty days of the
Purchaser's receipt of all closing documents, whichever is later, to provide additional time for the County to complete the
environmental investigations of the Property.
OBJECTIVE: To extend the due diligence period to August 12, 2025, and the closing date deadline to October 11,
2025, or within thirty days of the Purchaser's receipt of all closing documents, whichever is later, to provide additional
time for the County to complete the environmental investigations of the property.
CONSIDERATIONS: On January 14, 2025, as Agenda Item No. 11. F (formerly Item No. 16.A.15), the Agreement for
the Sale and Purchase (Agreement), was approved by the Board of County Commissioners (Board). The Agreement
allowed the County to purchase 10 acres in North Golden Gate Estates within the Dr. Robert H. Gore Preserve project
area under the Conservation Collier Program.
Section 5.01 of the Agreement gives the County 120 days to determine through investigation that:
1. There are no abnormal drainage or environmental requirements for the developed real property.
2. The property can be utilized for its intended use and purpose in the Conservation Collier program.
3. Subject to acceptable inspection (s), including Pest / Termite, Septic, and a general structural inspection,
including the Roof, Electrical (including A/C), and general soundness of the structure(s).
A Florida Department of Environmental Protection (FDEP) Consent Order on the property requires Cypress Cove to
restore and monitor a small area of wetlands. Although the wetlands have been restored, Cypress Cove is still obligated
under the Consent Order to monitor the area until compliance is met.
The Inspection Period expires on May 14, 2025; however, the County needs additional time to coordinate with FDEP
regarding the steps necessary to ensure that Collier County will have no financial or other obligations under the existing
Consent Order after the property is acquired. The Agreement allows the parties to extend the Inspection Period upon
mutual Agreement, and accordingly, an extension to August 12, 2025, is being proposed. The Board may terminate at
any time during the mutually agreed-upon Inspection Period.
The current closing deadline is July 13, 2025, or within thirty days of the Purchaser's receipt of all closing documents,
whichever is later; however, an extended Inspection Period may require additional time to close. The Agreement allows
the parties to extend the closing deadline upon mutual Agreement. Accordingly, an extension to October 11, 2025, or
within thirty days of the Purchaser's receipt of all closing documents, whichever is later, is being proposed.
If the Board decides not to approve the proposed extension, it may terminate the Agreement for any reason without
penalty before May 14, 2025. Otherwise, closing would occur by July 13, 2025, or within thirty days of the Purchaser's
receipt of all closing documents, whichever is later.
This item is consistent with the Collier County strategic plan objectives to preserve and enhance the character of our
community and to protect our natural resources.
FISCAL IMPACT: Staff time spent on Consent Order 22-2530 inspection, property investigation, and correspondence
between Conservation Collier, FDEP, and Cypress Cove Landkeepers, Inc. (f/k/a Cypress Cove Conservancy, Inc.).
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.
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4/22/2025
Item # 16.A.17
ID# 2025-934
LEGAL CONSIDERATIONS: This item has been reviewed for form and legality and requires a majority vote for
Board action. -SAA
RECOMMENDATIONS: To approve a First Amendment to the Agreement for Sale and Purchase for the Cypress
Cove Landkeepers, Inc., f/k/a Cypress Cove Conservancy, Inc., a Florida not-for-profit Corporation, to extend the due
diligence period to August 12, 2025, and the closing date deadline to October 11, 2025, or within thirty days of the
Purchaser's receipt of all closing documents, whichever is later, to provide additional time for the County to complete
the environmental investigations of the property.
PREPARED BY: Melissa Hennig, Environmental Specialist I, Conservation Collier, Development Review Division
ATTACHMENTS:
1. First Amendment To Agreement for Sale and Purchase
2. Agreement for Sale and Purchase
3. 22-2530 - Cypress Cove Conservancy - Executed Consent Order - 400812
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FIRST AMENDMENT TO AGREEMF,,N't FOR SALE, AND PURCHASE
THIS tjIRST AMENDMENI'1'O ACREEMENT FOR SALE AND PURCIIASE is
made and enlered into this _ day of _, 2025 ("Effective Date") by and
between Cypress Cove Landkeepers Inc. f/k/a Cypress Cove Conservancy. lnc.. a Florida not-for-
profit Corporation. whosc mailing address is 4261 40th Ave SE. Naples. F'L 341l7 (hereinafter
referred to as "Seller"), and COLI-IER COUNTY. a political subdivision of the State of
Florida. its successors and assigns. whose address is 3335 Tamiami Trail East. Suite l0l .
Naples.F[,34112(hereinafterrelerrcdtoas"Purchaser").collectivelyknownas"theParties."
WITNESSITTII
WHEREAS. the Parties entered into that certain Agreement for Sale and Purchase dated
January 14, 2025 (the "Original Agreement"). regarding the sale of real properry- described in
Exhibit A of the Original Agreement (the "Property");
WHERIIAS. thc Original Agreement provided for a due diligence period during which the
Purchaser uas entitled to conduct invcstigations. inspections. and rel'iews related to the Propertl-
(the "lnspection Period"):
WHEREAS, the Original Agreenrent provides that the Inspection Period expires on May
14. 2025, and fufther provides that the Closing date is July 13, 2025, or within rhiq, da)'s of
Purchaser's receipt ofall closing docunrents. whichever is later;
WHEREAS, the Original Agreement allows for further extension of the Inspection Period
by mutual agreement ofthe Parties. and the Parties now wish to extend the lnspection Period to
provide additional time for the County to collect. anal)ze. and evaluate environmental dala
thoroughly to develop a plan ofaction based on the findings; and
WI{EREAS, Seller is amenable to an extcnsion of the Inspection Period and Closing Date
Deadline subject to certain caveats contained herein.
NOW, TTIEREFORE, for and in consideration of the mutual covenzmts and agreements contained
herein, and other good and valuable consideration. the receipt and sufficiency ofwhich are hereby
acknorvledged. the Parties agree as lollou,s:
l. Extension ofDue Diligence Period
The Inspection Period in Section V. ofthe Original Agreement shall be extended by an additional
90 days, commencing on May 14,2025. and ending on August 12,2025, unless lunher extended
by murual written agreement of the parties hereto.
2. Extension of the Closing Date Deadline
The Closing Date Deadline in Section III. of the Original Agreement shall be exrended bv an
additional 90 da1,s. commencing on Jul1, 13. 2025, and ending on October I l. 2025. or u,ithin
thirty (30) days of Purchaser's receipt ol'all closing documents. whichever is later, unless further
extended by nrutual written agreement olthe parties hereto.
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Cypres5 Cove Conservancy lnc - Firsl amendment to ASaeement for Sale and Purchase
TAX rD NU|\.,!BER 41501440005
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3. No 0ther Modillcatiorrs
Except as expressly set forth herein, all other terms. conditions, and provisions of the Original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date first
written above.
By
ATTEST:
CRYSTAL K. KINZI1I,. CI-ERK
BOARD OF COUNTY COMMISSIONERS
COLI.IER COUNTY. tJI,ORIDA
BURT L. SAUNDL,RS. CHAIRMAN
C1'press Cor,e Landkecpers Inc. f/k/a
Clpress Cove Conservancl'. Inc..
a Florida not-fbr-profi t Corporation
. Deputy Clerk lly
AS TO SELI-ER:
DA-fED
By
Print Name: Shane Duff
'Iitle:President. Di
Approved as fonn and legalitl':
Sall;" A. Ashkar. Assistant County
Attornev
p
Cypress Cove Conservancy lnc - Firtt Amendment to Agreement for Sale and Purchase
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CONSERVATION COLLIER
TAX ID NUMBER 41501440005
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Cypress Cove
Landkeepers Inc.. f/ka/ Cypress Cove Conservancy, Inc.. a Florida not-for-profit
corporation. whose address is 4261 40th Ave SE. 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:
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 Six
Hundred Forty Eight Thousand Nine Hundred Dollars and 00/100 dollars
648,900.00), (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 (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
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be held at the office of the insuring title company or by mail. 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.
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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 and electronic fee 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. If required by a Phase I report and desired by Purchaser,
Seller shall pay for a Phase II Environmental Assessment selected 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.
3.04 Upon the Closing, the existing Memorandum of Understanding (MOU) dated
December 8, 2020, between the Purchase and Seller, shall automatically
terminate. The Parties agree that the purpose of the MOU, which was to
coordinate the use of the properties surrounding the Nature Center for
conservation activities, will be fulfilled upon the County's acquisition of the Nature
Center property. Therefore, as of Closing, the MOU shall automatically terminate,
and neither Party shall have any further rights, obligations, or liabilities under the
MOU.
3.05 Upon the Closing, the property shall continue to be named the Gore Nature
Center in perpetuity.
3.06 Upon the Closing, the gate adjacent to the office will be replaced with fixed
railing by the Seller. at Seller's sole cost and expense.
3.07 At Closing, the personal property listed within Exhibit "B" shall be conveyed to
the Buyer at no additional cost or value.
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:
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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
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
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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. There are no abnormal drainage or environmental requirements to the
developed real property
2. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
3. Subject to acceptable Inspection(s) including: Pest / Termite. Septic. and a
general structural inspection including the Roof. Electrical (including A/C), and
general soundness of the structure(s).
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 inspection reports
including: Pest / Termite. Septic, and a general structural inspection.
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.
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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 Seller agrees to fix, repair, replace any and all deficiencies found
unsatisfactory from any inspection reports obtained within section 5.01. If Seller
fails to complete any such repairs, Purchaser may terminate this Agreement
without penalty.
9.03 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. Seller further represents
the Property is free from any and all occupants, tenants, and other persons or
entities claiming possession of the Property at the time of closing. This
provision shall survive closing.
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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 they have (it has) no knowledge that there is or
ever has been 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 that to their knowledge 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
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inquiry by any authority with respect thereto. Seller represents that they have
it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents that they have (it has) no knowledge that there is or ever has been
any storage tanks for gasoline, or any other substances are or were located on
the Property at any time during or prior to Seller's ownership thereof. Seller
represents that they have (it has) no knowledge that any part of the Property
has ever been used as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances. codes or regulation with which
Seller has not complied.
10.019 Seller has no knowledge of unrecorded leases, licenses or other
possessory interests, 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
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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.
Xl. 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: Grant Cox
Collier County Real Property Management
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CONSERVATION COLLIER
TAX ID NUMBER 41501440005
3335 Tamiami Trail East, Suite 102
Naples. Florida 34112
Telephone number: 239-252-5373
Fax number: 239-252-8876
If to Seller: Name: Cypress Cove Landkeepers, Inc.
A Florida not for profit corporation
4261 40t`''• Ave SE
Naples, FL 34117
Telephone number: 518-365-7503
Fax number: N/A
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
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
CC Agreement 06/10/2024 Page 10 of 1
5r
1
W
Page 1738 of 6355
CONSERVATION COWER
TAX ID NUMBER:41501440005
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.
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
CC Agreement 06/10/2024 Page 11 of 15
Page 1739 of 6355
CONSERVATION COLLIER
TAX ID NUMBER:41501440005
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.
XV. ACKNOWLEDGMENT OF POTENTIAL FUTURE USE
15.01 Any development rights or credits available on the Property are relinquished
by the Seller and conveyed to the Purchaser at closing as part of the sale of the
Property.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
CC Agreement 06/10/2024 Page 12 of 15
Page 1740 of 6355
CONSERVATION COLLIER
TAX ID NUMBER 41501440005
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC: ///`//Zo.Zf
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL,'Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Coutt an'• a •rnptroller COLLIER COUNTY, FLORIDA
17 By. "4.4%.,4a€6/1..4—
Deputy Clerk
Attestas . •
irrrlan'5
Burt Saunders, Chairman
sisnatuve only
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
CC Agreement 06/10/2024 Page 13 of 15 • ;
Page 1741 of 6355
CONSERVATION COWER
TAX 10 NUMBER 41501440005
AS TO SELLER:
DATED: i./f ,2 ao1
Cypress Cove Landkeepers, Inc. f/k/a Cypress Cove Conservancy, Inc..
A Florida not for profit corporation
By.
Shane Duff. President. Director
Approved as to or and t ga'ty:
Sally A Ashka sistant County Attorney
Ce ti)
CC Agreement 06/10/2024 Page 14 of 1S
CAO
Page 1742 of 6355
CONSERVATION COLLIER
TAX ID NUMBER 41501440005
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 41501440005
All of Tract 15 and Tract 18, Unit 91, GOLDEN GATE ESTATES, according to the plat
thereof, recorded in Plat Book 5, Page 30, Public Records of Collier County, Florida,
10 ACRES
CC Agreement 06/10/2024 Page 15 of 15
tGA0
Page 1743 of 6355
FLORIDA DEPARTMENT OF
Environmental Protection
South District
PO Box 2549
Fort Myers FL 33902-2549
SouthDistrict@FloridaDEP.gov
Ron DeSantis Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
March 16, 2023
Shane Duff, Title President
Cypress Cove Conservancy, Inc.
P.O. Box 110308
Naples, FL 34108
Shane@cclandkeepers.com
Re: Consent Order
OGC Case No. 22-2530
Site No. 400812 / Project No. 397453
Unnamed wetlands, Class III Waters
Parcel No. 41501440005 – 4261 40th Ave. SE, Naples, FL 34117
Collier County – SLERC/State 404 Group
Dear Mr. Duff:
Enclosed is the signed and entered Consent Order, OGC No. 22-2530, to resolve this case. This
copy is for your records. Please note that all compliance dates for the Consent Order begin on the
date of entry, which is March 16, 2023. Upon satisfactory completion of all conditions of the Order,
we will close this case and place it in our inactive file.
All payments required by the Consent Order should be a cashier’s check/money order or paid online
via the DEP Business Portal at http://www.fldepportal.com/go/pay/. Also, any document submittals
may be mailed to the above address or for your convenience can be sent to our email mailbox at
ftmerp_compliance@dep.state.fl.us.
If you have any questions, please contact Qiara Perez by email at Qiara.Perez@FloridaDEP.gov or
by phone at 239-344-5655. Your cooperation in resolving this case is appreciated.
Sincerely,
Jennifer L. Carpenter
Director of District Management
South District Office
Florida Department of Environmental Protection
JLC/qp
Enclosures: Consent Order (with Attachment I and Attachment II)
cc: Katharina Shoemaker, Tropical Environmental Consultants, kshoemaker@tecsfl.com
Page 1744 of 6355
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
Complainant,
vs.
CYPRESS COVE CONSERVANCY,INC.,
Respondent.
) IN THE OFFICE OF THE
)SOUTH DISTRICT
)
)
)
)
)
)OGC FILE NO. 22-2530
)
)
CONSENT ORDER
This Consent Order is entered into between the State of Florida Department of
Environmental Protection (Department), and Cypress Cove Conservancy, Inc., (Respondent) to
reach settlement of certain matters at issue between the Department and Respondent.
The Department finds and the Respondent admits the following:
1. The Department is the administrative agency of the State of Florida having the power and
duty to protect Florida’s air and water resources and to administer and enforce Chapter 373, Part
IV, and Chapter 403, Florida Statutes (Fla. Stat.), and the rules promulgated and authorized
thereunder, Title 62, Florida Administrative Code (Fla. Admin. Code). The Department has
jurisdiction over the matters addressed in this Consent Order.
2. Respondent is a person within the meaning of Section 373.019(15), Fla. Stat.
3. Respondent is a Florida Not for Profit Corporation and the owner of the property located
at 4261 40th Ave. SE, Naples, Parcel No. 41501440005, Section 33, Township 49, Range 28,
Collier County, Florida (Property).
4. On April 15, 2021, Department staff conducted an inspection of the Property and
Department staff observed 0.0145 acres (632 sq. ft.) of unauthorized discharge of dredge and fill
material in wetlands.
5. The Department finds that the Respondent violated Section 373.430, Fla. Stat., and Rules
62-330.020 and 62-331.020, Fla. Admin. Code. The Respondent discharged 0.0145 acres of
dredge and fill material in wetlands without a valid permit from the Department. These activities
were conducted on the above described Property within the landward extent of Class III waters
Page 1745 of 6355
OGC No. 22-2530
Page 2 of 9
of the State, as defined by Florida Law, and which are State-assumed waters as defined in
Section 2.0(b)47 of the State 404 Program Handbook, and in Section 373.4146(1), Fla. Stat.
Having reached a resolution of the matter Respondent and the Department mutually agree and it
is,
ORDERED:
6. Within 30 days of the effective date of this Consent Order, Respondent shall pay the
Department $500.00 in settlement of all matters addressed in this Consent Order. This amount
includes $500.00 for costs and expenses incurred by the Department during the investigation of
this matter and the preparation and tracking of this Consent Order. Respondent shall make all
payments required by this Consent Order by cashier’s check, money order or online payment.
Cashier’s check or money order shall be made payable to the Department of Environmental
Protection, mailed to Florida Department of Environmental Protection, South District Office,
P.O. Box 2549, Fort Myers, FL 33902-2549, and shall include both the OGC number assigned to
this Consent Order, which is OGC No. 22-2530, and the notation “Water Quality Assurance
Trust Fund.” Online e-check payment can be made by going to the DEP Business Portal at
http://www.fldepportal.com/go/pay/.
7. Respondent shall completely remove and restore the 0.0145 acres of wetlands by
implementing the Corrective Actions attached hereto and incorporated herein as Attachments I
and II in the manner and within the time frames specified therein.
8. With the exception of the activities described in the Corrective Actions, effective
immediately and henceforth, Respondent shall not conduct any dredging, filling, or construction
activities on or within the landward extent of waters of the state without first obtaining a valid
Department permit or written notification from the Department that the activities appear to be
exempt as proposed from Department permitting requirements.
9. Nothing in this Consent Order shall prevent the Department from filing suit to
specifically enforce any of the terms of this Consent Order.
10. If any event, excluding administrative or judicial challenges by third parties unrelated to
the Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying
with the requirements of this Consent Order, Respondent shall have the burden of proving the
delay was or will be caused by circumstances beyond the reasonable control of the Respondent
and could not have been or cannot be overcome by Respondent’s due diligence. Economic
Page 1746 of 6355
OGC No. 22-2530
Page 3 of 9
circumstances shall not be considered circumstances beyond the control of the Respondent, nor
shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred
to as ‘contractor’) to whom responsibility for performance is delegated to meet contractually
imposed deadlines be a cause beyond the control of the Respondent, unless the cause of the
contractor’s late performance was also beyond the contractor’s control. Upon occurrence of an
event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify
the Department orally within 24 hours or by the next working day and shall, within seven
calendar days of oral notification to the Department, notify the Department in writing of the
anticipated length and cause of the delay, the measures taken or to be taken to prevent or
minimize the delay and the timetable by which the Respondent intend to implement these
measures. If the parties can agree that the delay or anticipated delay has been or will be caused
by circumstances beyond the reasonable control of the Respondent, the time for performance
hereunder shall be extended for a period equal to the agreed delay resulting from such
circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or
minimize delay. Failure of the Respondent to comply with the notice requirements of this
paragraph in a timely manner shall constitute a waiver of Respondent’s rights to request an
extension of time for compliance with the requirements of this Consent Order.
11. Respondent shall allow all authorized representatives of the Department access to the
Property at reasonable times for the purpose of determining compliance with the terms of this
Consent Order and the rules and statutes of the Department.
12. Entry of this Consent Order does not relieve the Respondent of the need to comply with
applicable federal, state or local laws, regulations or ordinances.
13. The terms and conditions set forth in this Consent Order may be enforced in a court of
competent jurisdiction pursuant to Sections 120.69, 373.129, Florida Statutes. Failure to comply
with the terms of this Consent Order shall constitute a violation of Section 373.430. Florida
Statutes.
14. Respondent is fully aware that a violation of the terms of this Consent Order may subject
Respondent to judicial imposition of damages, civil penalties of up to $15,000 per day per
violation and criminal penalties.
15. Persons who are not parties to this Consent Order but whose substantial interests are
affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida
Page 1747 of 6355
OGC No. 22-2530
Page 4 of 9
Statutes, to petition for an administrative hearing on it. The Petition must contain the information
set forth below and must be filed (received) at the Department’s Office of General Counsel, 3900
Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt
of this Notice. A copy of the Petition must also be mailed at the time of filing to the District
Office named about at the address indicated. Failure to file a petition within the 21 days
constitutes a waiver of any right such person has to an administrative hearing pursuant to
Sections 120.569 and 120.57, Florida Statutes.
The petition shall contain the following information:
(a)The Department’s Consent Order identification number and the county in which the
subject matter or activity is located;
(b) The name, address and telephone number of each petitioner; the name, address, and
telephone number of the petitioner’s representative, if any, which shall be the address for
service purposes during the course of the proceeding;
(c)An explanation of how the petitioner’s substantial interests will be affected by the
Consent Order;
(d) A statement of when and how the petitioner received notice of the Consent Order;
(e) A statement of all material facts disputed by petitioner, if any;
(f) A statement of the specific facts the petitioner contends warrant reversal or modification
of the Consent Order;
(g) A statement of which rules or statutes the petitioner contends require reversal or
modification of the Consent Order; and
(h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate
agency action. Accordingly, the Department’s final action may be different from the position
taken by it in this Notice. Persons whose substantial interests will be affected by any decision of
the Department with regard to the subject Consent Order have the right to petition to become a
party to the proceeding. The petition must conform to the requirements specified above and be
filed (received) within 21 days of receipt of this Notice in the Office of General Counsel at the
above address of the Department. Failure to petition within the allowed time frame constitutes a
waiver of any right such person has to request a hearing under Sections 120.569 and 120.57,
Page 1748 of 6355
OGC No. 22-2530
Page 5 of 9
Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention
will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-
106.205, Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a timely
petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or
may choose to pursue mediation as an alternative remedy under Section 120.573, Florida
Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect
the right to a hearing if mediation does not result in a settlement. The procedures for pursuing
mediation are set forth below.
Mediation may only take place if the Department and all the parties to the proceeding
agree that mediation is appropriate. A person may pursue mediation by reaching a mediation
agreement with all parties to the proceeding (which include the Respondent, the Department, and
any person who has filed a timely and sufficient petition for a hearing) and by showing how the
substantial interests of each mediating party are affected by the Consent Order. The agreement
must be filed in (received by) the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10 days
after the deadline as set forth above for the filing of a petition.
The agreement to mediate must include the following:
(a) The names, addresses and telephone numbers of any persons who may attend the
mediation;
(b) The name, address and telephone number of the mediator selected by the parties, or a
provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents
introduced during mediation;
(e) The date, time and place of the first mediation session, or a deadline for holding the first
session, if no mediator has yet been chosen;
(f)The name of each party’s representative who shall have authority to settle or recommend
settlement; and
(g) Either an explanation of how the substantial interests of each mediating party will be
affected by the action or proposed action addressed in this notice of intent or a statement
Page 1749 of 6355
OGC No. 22-2530
Page 6 of 9
clearly identifying the petition for hearing that each party has already filed, and
incorporating it by reference.
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all
Parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida
Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the
parties, the mediation must be concluded within sixty days of the execution of the agreement. If
mediation results in settlement of the administrative dispute, the Department must enter a final
order incorporating the agreement of the parties. Persons whose substantial interests will be
affected by such a modified final decision of the Department have a right to petition for a hearing
only in accordance with the requirements for such petitions set forth above, and must therefore
file their petitions within 21 days of receipt of this Notice. If mediation terminates without
settlement of the dispute, the Department shall notify all parties in writing that the administrative
hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for
disposition of the dispute, and the Notice will specify the deadlines that then will apply for
challenging the agency action and electing remedies under those two statutes.
16. The Department hereby expressly reserves the right to initiate appropriate legal action to
prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that
are not specifically addressed by the terms of this Consent Order.
17. The Department, for and in consideration of the complete and timely performance by the
Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek
judicial imposition of damages or civil penalties for alleged violations addressed in this Consent
Order.
18. Respondent acknowledges and waives their right to an administrative hearing pursuant to
Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent
acknowledge their right to appeal the terms of this Consent Order pursuant to Section 120.68,
Florida Statutes, and waive that right upon signing this Consent Order.
19.Electronic signatures or other versions of the parties’ signatures, such as .pdf or facsimile,
shall be valid and have the same force and effect as originals. No modifications of the terms of
this Consent Order shall be effective until reduced to writing and executed by both the
Respondent and the Department.
Page 1750 of 6355
OGC No. 22-2530
Page 7 of 9
20. All submittals and payments required by this Consent Order to be submitted to the
Department shall be sent to the Florida Department of Environmental Protection, South District
Office, P.O. Box 2549, Fort Myers, FL 33902-2549. Online e-check payment can be made by
going to the DEP Business Portal at http://www.fldepportal.com/go/pay/.
21. In the event of a sale or conveyance of the Property, if all of the requirements of this
Consent Order have not been fully satisfied, the Respondent shall, at least 30 days prior to the
sale or conveyance of the Property, (1) notify the Department of such sale or conveyance and (2)
provide a copy of this Consent Order with all attachments to the new owner. The sale or
conveyance of the Property shall not relieve the Respondent of the obligations imposed in this
Consent Order.
22. This Consent Order is a settlement of the Department’s civil and administrative authority
arising under Florida law to resolve the matters addressed herein. This Consent Order is not a
settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of
any violation which may be prosecuted criminally or civilly under federal law.
23. The terms of this Consent Order may be amended by the mutual written consent of the
Department and the Respondent.
24. Nothing in this Consent Order shall prohibit the Respondent from applying for permits in
the future to conduct regulated activities on their Property.
25. This Consent Order is a final order of the Department pursuant to Section 120.52(7),
Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department
unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida
Statutes. Upon the timely filing of a petition, this Consent Order will not be effective until
further order of the Department.
26. The undersigned certifies that as a corporate officer/member of Respondent Cypress
Cove Conservancy, Inc., he/she is authorized and empowered to negotiate, enter into and execute,
in the name and on behalf of the Respondent, Cypress Cove Conservancy, Inc., any agreements,
documents, instruments, certificates, including and without limitation, this Consent Order entered
into between the Respondent and the State of Florida Department of Environmental Protection.
Page 1751 of 6355
OGC No. 22-2530
Page 8 of 9
FOR THE RESPONDENT:
CYPRESS COVE CONSERVANCY, INC.
__________________________ ________________________
DATE Shane Duff, Title President
THIS SECTION INTENTIONALLY LEFT BLANK.
Page 1752 of 6355
OGC No. 22-2530
Page 9 of 9
Please do not write below this line. For DEP use only.
DONE AND ORDERED this day of , 2023, in Lee County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
____________________________________
Jennifer L. Carpenter
Acting District Director
South District Office
P.O. Box 2549
Fort Myers, Florida 33902-2549
Telephone: (239) 344-5600
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
__________________________________ _______________________
CLERK DATE
cc: Lea Crandall, Agency Clerk (Mail Station 35)
16th March
March 16, 2023
Page 1753 of 6355
ATTACHMENT I
OGC Case No. 22-2530
CORRECTIVE ACTIONS
WETLAND RESTORATION CONDITIONS
1. Within 90 days of the effective date of this Consent Order, Respondent shall complete all the
restoration work on the Property in accordance with the plans and specifications detailed in the
attached Attachment II.
2. Should the terms in the attached Attachment II conflict with any terms of the Consent Order and
Attachment I, the terms within the Consent Order and Attachment I shall prevail.
MONITORING & SUCCESS CRITERIA
3. Respondent shall submit a "Time-Zero" Monitoring Report within thirty (30) days of the date of
completion of all required regrading and planting on the Property in accordance with the plans and
specifications detailed in the attached Attachment II and shall include the following:
a. The “OGC Case No. 22-2530” and name of Respondent exactly as it appears on the first page
of this Consent Order;
b. Date(s) of all work completed;
c. Color photographs to provide an accurate representation of the Restoration Area (indicated as
“Restoration Area 0.0145 ac (632 sq ft)” on Page 5 of Attachment II). The photographs shall
be taken from fixed reference points and directions; and
d. A table depicting numbers, spacing, and sizes (including tree height) of each species planted
and nursery receipts.
4. Respondent shall conduct annual monitoring inspections and exotic/nuisance vegetation
treatment events, starting after the date of the initial regrading and planting of the Restoration
Area, for three (3) years or until the success criteria are achieved as described in Paragraph 6
below. The purpose of the monitoring shall be to determine the success of the Restoration Area.
During each inspection, Respondent shall remove all exotic and nuisance vegetation without disturbing
the other existing vegetation in the Restoration Area. Exotic and nuisance vegetation shall include
vegetation is listed in the most recent published list of invasive species by the Florida Exotic Pest Plant
Council (FLEPPC). Internet website for FLEPPC is http://www.fleppc.org/list/list.htm. Exotic and
nuisance vegetation shall include, but not be limited to, vines, Brazilian Pepper (Schinus
terebinthifolius), Punk tree (Melaleuca quinquenervia), and Australian pine (Casuarina equisetifolia).
5. Within thirty (30) days after the completion of each annual monitoring inspection, Respondent
shall complete a monitoring report and submit it to the Department. The monitoring reports shall
include the following information:
a. The “OGC Case No. 22-2530” and name of Respondent exactly as it appears on the first page
of this Consent Order;
b. Date of inspection;
c. Color photographs to provide an accurate representation of the Restoration Area. The
photographs shall be taken from the same fixed reference points and directions used for the
“Time-Zero” Monitoring Report;
d. Plant species composition with estimates of the contribution of each species to percent cover;
and
e. Plan view depicting the locations of any specimens replanted (indicate numbers of each
species replanted and nursery receipts)
Page 1754 of 6355
Attachment I
OGC Case No. 22-2530
Page 2 of 3
6. Restoration of the Restoration Area shall be deemed successful when the following criteria has been
continuously met for a period of at least three (3) years:
a. Planted species and/or naturally recruited wetland vegetation have achieved a minimum 80%
survival;
b. Total contribution to percent cover by exotic, non-native wetland species, and species not
listed in 62-340, F.A.C. shall be maintained below 5%;
c. The planted species are exhibiting natural, vigorous growth consistent with the species and
target plant community; and
d. The Restoration Area have been inspected by the Department and the Department has
informed the Respondent in writing that the Restoration Area has achieved the described
success criteria.
7. If it is determined by the Department, based on visual inspection and/or review of the monitoring
reports, that the Restoration Area is not meeting the success criteria (described in paragraph 6 above),
Respondent shall submit an alternative Restoration Plan to the Department for review and approval,
which shall meet the following requirements:
a. Respondent shall submit the plan within 30 days of notification by the Department of failure to
meet the performance criteria;
b. The Revised Restoration Plan shall include a plan, including time schedule for planting the
Restoration Area with enough plants representative of the naturally occurring habitat approved
by the Department in advance to meet the success criteria. The revised plan shall also include
maintenance and monitoring schedule to ensure that the reseeding is successful.
The Respondent shall implement the revised restoration plan, including any changes required by the
Department, no later than 90 days after receiving Department approval.
GENERAL CONDITIONS
8. This Consent Order or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications shall be kept at the work site of the ordered activity. The complete Consent Order shall
be available for review at the work site upon request by the Department staff. The Respondent shall
require the contractor to review the complete Consent Order prior to commencement of the activity
authorized by this Consent Order.
9. Activities approved by this Consent Order shall be conducted in a manner, which does not cause
violations of state water quality standards. The Respondent shall implement best management
practices for erosion and pollution control to prevent violations of state water quality standards.
Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring
suspended solids into the receiving waterbody exists due to the ordered work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are stabilized and vegetation
has been established. All practices shall be in accordance with the guidelines and specifications
described in the State of Florida Erosion and Sedimentation Control Inspectors Manual, FDEP (2008),
available on the Department’s website at
http://www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf unless a
project-specific erosion and sediment control plan is approved as part of this Consent Order.
Thereafter the Respondent shall be responsible for the removal of the barriers. The Respondent shall
correct any erosion or shoaling that causes adverse impacts to the water resources.
Page 1755 of 6355
Attachment I
OGC Case No. 22-2530
Page 3 of 3
10. Should any other regulatory agency require changes to the herein authorized act, the Respondent shall
notify the Department in writing of the changes prior to implementation so that a determination can be
made whether a Consent Order modification is required.
11. This Consent Order does not eliminate the necessity to obtain any required federal, state, local and
special district authorizations prior to the start of any activity approved by this Consent Order. This
Consent Order does not convey to the Respondent or create in the Respondent any property right or
any interest in real property, nor does it authorize any entrance upon or activities on property, which is
not owned or controlled by the Respondent, or convey any rights or privileges other than those
specified in the Consent Order and Chapter 62-330, F.A.C.
12. If historical or archaeological artifacts are discovered at any time on the project site, the Respondent
shall immediately notify the Department’s South District Office, P.O. Box 2549, Fort Myers, FL
33902-2549.
13. The Respondent shall immediately notify the Department in writing of any previously submitted
information that is later discovered to be inaccurate.
14. The project shall comply with applicable State Water Quality Standards, namely:
a. Rule 62-302.500, F.A.C. - Surface Waters: Minimum Criteria, General Criteria; and
b. Rule 62-302.530, F.A.C. – Table: Surface Water Quality Criteria – Class III Waters.
Page 1756 of 6355
Tropical Environmental Consultants
Plan for Restoration of Natural Habitat
Plan for Restoration of Natural Habitat
6LWH1R3URMHFW1R
Prepared by:
Tropical Environmental Consultants
Molly HunteU
3900 Mannix Drive Suite 118
Naples, Florida 34114
Tel (239) 455-6232
mhunter@tecsfl.com
Prepared for:
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Attachment II
OGC Case No. 22-2530
Page1of5
Page 1757 of 6355
Tropical Environmental Consultants
Plan for Restoration of Natural Habitat
LIST OF EXHIBITS
Restoration $UHD Exhibit A
Remove exotic debris(mulch/soil/tree debris)ILOODQGWKHXQDXWKRUL]HGVHSWLFV\VWHP
achieving natural grade elevation withinthe restoration areas detailed in ([KLELW$.
As a result of clearing and vegetation removal actions described above, the applicantshall
replant vegetation within the appropriate stratum(s) within the restoration area(s).Plant
species, quantity, and sizes are provided below and shall be installedwithin the
corresponding area. All planting material shall EHQDWLYH to WKHVSHFLILFHQYLURQPHQW
VXUURXQGLQJWKHLPSDFWHGDUHD, specifically “Plant materials used to meet therequirements
of thissection shall meet the standards for Florida No. 1 or better, as set outin Grades and
Standards for Nursery Plants, part I and part II, Department ofAgricultural, State of
Florida (as amended). Root ball sizes on all transplanted plantmaterials shall also meet
state standards.” Any supports or material used in theinstallation process shall be
removed after 12 months, including, but not limited to treestakes and irrigation
implements.
Purpose
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Description of Impact Area and Adjacent
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Restoration Plan
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Attachment II
OGC Case No. 22-2530
Page2of5
Page 1758 of 6355
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Attachment II
OGC Case No. 22-2530
Page3of5
Page 1759 of 6355
Tropical Environmental Consultants
Plan for Restoration of Natural Habitat
vegetation left in place within the upland portions. Prohibited exotic plants species shall
include any plant species listed in ([KLELW%
2.Replanted vegetation: A survival rate of 80% of all vegetation will be maintained for a
period of no less than years. Should any plants be replaced, native plant species will
meet initial size, species, and class standards.
Formal Monitoring Program
1) None proposed.
Maintenance and Monitoring Schedule-
Action Event Date
Completion of Restoration /Maintenance efforts
“7LPH=HUR” report- submitted to 'HSDUWPHQWRI(QYLURQPHQWDO3URWHFWLRQ
DQGCollier County documenting installation and restoration actions.
Replanting/Maintenance Efforts - (as needed to meet required 80% mortality of
installed vegetation, 0% prohibited exotics.)
Quarterly for first year.
First Annual Report
Restoration /Maintenance Efforts-(as needed to meet required 80% mortality of
installed vegetation, 0% prohibited exotics.)
Annually, in-perpetuity
Second Annual Report
Restoration /Maintenance Efforts-(as needed to meet required 80% mortality of
installed vegetation, 0% prohibited exotics.)
Annually, in-perpetuity
7KLUG Annual Report
Restoration /Maintenance Efforts-(as needed to meet required 80% mortality of
installed vegetation, 0% prohibited exotics.)
Annually, in-perpetuity
Attachment II
OGC Case No. 22-2530
Page4of5
Page 1760 of 6355
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OGC Case No. 22-2530
Page5of5
Page 1761 of 6355