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Agenda 03/10/2026 Item #16B 1 (Amendment to the Access License Coupled with an Interest between Collier County and the South Florida Water Management District)3/10/2026 Item # 16.13.1 ID# 2026-162 Executive Summary Recommendation to approve an Amendment to the Access License Coupled with an Interest between Collier County and the South Florida Water Management District to extend the term of an existing license and authorize public access improvements within the licensed area. OBJECTIVE: Approval of the amendment allows continued authorized use of the County -owned property by the South Florida Water Management District and provides flexibility for the installation of approved public use improvements consistent with the original purpose of the license. CONSIDERATIONS: As background, in 1995, the County acquired land for Livingston Road mitigation and conveyed 436.69 acres to the South Florida Water Management District ("District"), retaining approximately 43.234 acres. The District later developed the site as a passive public park and uses approximately 3.65 acres of adjacent County -owned land for parking and pedestrian access. The original license was granted by the Board of County Commissioners on May 27, 2007, Item No, 16132, for a twenty-year term and included an exhibit depicting the licensed area. The Bird Rookery Swamp Trail offers 12 miles of hiking and biking trails, including a 1500-ft. boardwalk with wheelchair accessibility. A 1/4-mile crushed shell path leads to a 1500-ft. boardwalk, then the trails become ground level, sandy/grassy, relatively flat berms with swamp on both sides. The District has requested an amendment to the license to extend the term by an additional twenty-five years and to clarify and expand the types of public -use improvements that may be installed within the licensed area. These improvements include parking area upgrades, information kiosks, pavilions, restroom facilities, and other public -use facilities, subject to County approval, with the County's written consent documented by the signature of the County Manager or designee. The license amendment also extends the expiration date to March 27, 2052. All other terms and conditions of the original license agreement remain unchanged. This item is consistent with the Collier County strategic plan objective to address quality of place and County infrastructure. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: This item is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - SAA RECOMMENDATION(S): To approve the Amendment to Access License and authorize the Chair to execute the document. PREPARED BY: Jennifer A. Belpedio, Esq., Manager, Transportation Management Services Department ATTACHMENTS: Bird Rookery Swamp Access License Agreement SFWMD AGREEMENT NO. 4600005302 AMENDMENT TO ACCESS LICENSE COUPLED WITH AN INTEREST COLLIER COUNTY TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT This Amendment to Access License Coupled with an Interest ("Amended License Agreement") is entered into as of the date of , 2025, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA on behalf of COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to the "County" or as "Licensor") whose mailing address is c/o Real Property Management, 2685 Horseshoe Drive, S., Naples, Florida 34104, and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a water management district created under Section 373.069, Florida Statutes, whose mailing address is 3301 Gun Club Road, West Patin Beach, Florida 33406, (hereinafter referred to as "District" or as "Licensee"). WITNESSETH: WHEREAS, on March 27, 2007, the County granted to the South Florida Water Management District a license over County -owned property pursuant to that certain Access License Coupled with an Interest (the "License Agreement",), attached hereto, and incorporated by reference, for a term of twenty (20) years, which includes an Exhibit A depicting the licensed area (the "Licensed Area"); WHEREAS, the parties now desire to amend the License .Agreement to extend its term for an additional twenty-five (25) years, such that the License Agreement shall now expire on March 27, 2052 and allow the District to install certain improvements within the Licensed Area. THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The above -referenced Recitals are true and correct and incorporated herein by this reference. 2. Paragraph 5 of the License Agreement is amended as follows: "This License does not authorize any excavation, relocation and/or the taking away of any materials, nor to install any utility facility, or any other permanent of scmi- permanent improvements on, over or Under any area with the exception of parking area improvements, an Information kiosk and portable toilet facility. This License does not authorize any excavation, relocation and/or the taking away of any materials, other than as needed for the construction of approved public Use facilities. The District may construct and maintain parking area improvements, information kiosks, pavilions, permanent restroom facilities, and any other public use facility agreed to. in writing. by both parties, with Licensor's written consent documented by the signature of the County Manager or designee. The term of the license Agreement is hereby extended for an additional twenty -live (25) years, such that the License Agreement shall now expire on March 27, 2052. 4. All other terms and conditions of the License Agreement remain unchanged. IN WITNESS WHEREOF, the parties have caused this Amended License Agreement to be executed by their duly authorized representatives as of the date set forth above. AS TO LICENSOR: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attor ey t� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Chairman THIS AMENDMENT IS ACCEPTED BY TI IE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA PURSUANT TO AGENDA DATED: ITEM No. SIGNATURE OF LICENSEE APPEARS ON THE FOLLOWING PAGE 2 ACCEPTANCE BY LICENSEE: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a water management district created under Sectioi 73.069, Florida Statut s Vt By: Print Name: � J" �Aea ew- Title: Div�3e� 1rj\\r2 c „ NS�(aJove_ ScrV\cam$ Form approved by: S1 AJ South Florida Water Management District Office of Counsel ExL11BOTA.- Pageof .__q__ ACCESS LICENSE COUPLED WITH AN INTEREST COLLIER COUNTY TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT This Access License Coupled with an Interest (the "License") is dated � a 7, 2007. By this License, the Board of County Commissioners of Collier County, Florida, on behalf of Collier County, a political subdivision of the State of Florida, ("Licensor") whose mailing address is 3301 East Tamiami Trail, Naples, Florida, 34112, hereby conveys the License to the South Florida Water Management District, a water management district created under Section 373.069, Florida Statutes, whose mailing address is South Florida Water Management District, PO Box 24680, West Palm Beach, Florida 33416-4680 (Licensee"). Licensor, for and in consideration of the sum of one dollar ($1.00) and other valuable consideration received from Licensee to Licensor, receipt of which is hereby unconditionally and irrevocably acknowledged, hereby conveys unto the Licensee, its successors and assigns, a non-exclusive road and maintenance access license coupled with an interest, to wit: See Exhibit "A" attached hereto. This property is in Section 8, Township 48 South, Range 27 East, Collier County, Florida (the "Licensed Area"). The purpose of the License is to facilitate vehicular and pedestrian access by Licensee, its officers, employees, agents and contractors, and the general public to and from a parcel of property owned by Licensee, consisting of 285.7 acres, which parcel is shown on the attached Exhibit "B" (the "Benefited Property"). This License does not authorize any excavation, relocation and/or the taking away of any materials, nor to install any utility facility, or any other permanent or semi -permanent improvements on, over or under any area with the exception of parking area improvements, an information kiosk and portable toilet facility. The duration of this License is twenty (20) years. This License is to accommodate Licensee, but this License shall not ever unreasonably impede use of the underlying land or any other property owned by Licensor. Therefore, this License can be terminated by Licensor if its Board of County Commission formally determines that the existence of this License and/or the licensed use has then become and continues to be a significant impediment to the then existing use(s) of the Licensor's underlying property, including use of such access road by a third party in the event that the Licensor transfers title (or grants use) of the underlying property to a third party. In the event of termination by Licensor, the Licensor shall attempt in good faith to give as least 180 days advanced notice of such intent (to terminate) to the Licensee and/or to the then existing beneficiaries of this License. Licensee, for itself, and its successors or assigns of the Licensed Area, agrees to maintain any improvements made upon the Licensed Area installed by Licensee, including the access road to facilitate its full use as an access road (to and from the Benefited Property), without any cost to Licensor. Licensee, for itself and its successors and assigns of the Licensed Area, takes the Licensed Area and all of the other Licensee's property "as is" with all defects, if any, now existing or may hereafter exist for the entire duration of this License. Notwithstanding the foregoing, the amount expended by Licensee under this License for each applicable fiscal year of this License is subject to Licensee's Governing Board budgetary appropriation for such expenditures. If Benefited Property is sold or otherwise transferred by Licensee to a third party, or is leased to a third party, or use thereof is otherwise granted by Licensee to a third party, this License shall remain and continue to benefit the same, but shall remain subject to Licensee's reservation of its right to terminate this License, as stated above. Licensor may, at some time during the duration of this License, wish to share Licensee's parking area and boardwalk contained within the Licensed Area, for the good of the general public to access Licensee's proposed nature walk to be located upon Licensor's adjacent property. If Licensor shall require joint use of the Licensed Area, Licensor shall notify Licensee of its desire to share the parking area and boardwalk, whereupon the parties hereto shall use their best efforts to reach an agreement outlining, in writing, each parry's responsibilities for the shared use of Licensee's parking area and boardwalk located within the Licensed Area, such as, but not limited to, primary use of Licensed Area, hours of operation, maintenance and repair of the parking area and boardwalk. AS TO LICENSOR: .s 7, ya d ATTEST: , - ,,:, DWIGtrP E: 6RM- K, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: - Depufy Clerk thy: - - JAME OLETTA , Chairman ACCEPTANCE BY LICENSEE: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, A water management district created under Section 373.069, Florida Statutes. ATTF,ST: TWO WITNESSES BY: c/- 7_ PRINT NAME: tyqh.L- < TITLE: — - -- &PTW ITNF.. — Type rint Name EXHI B I T'`'�r .. SECOND SWITN S Page.2__._.of ■q 4 Type/Print Name Approved as to forth and le kal sufficiency: _3-✓j- a -7 By:uho—•---'� Thomas '. Palmer, Assistant County Attorney Form approved by: South Florida Water Management District Office of Counsel EXHIBIT-4. page 30f 4- Exhibit A Nof.:.OAmo SW36'26f 2302,44' ,T L�:-$EoON - 8 21 cn - ------- 7t CA 1.pZ zl �O-d',�!