Loading...
Caracara/Resource Recovery Park Trust Agreement RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST AGREEMENT This Resource Recovery Park Compensation Parcel Endowment Fund Trust Agreement (including exhibits hereto, the "Trust Agreement") is made and entered into this VA- day of t ,r-201-, by and between the Collier County, Florida Board of County Commissioners (the "Grantor" or "Collier County"), as well as its successors and assigns, and the Clerk of the Circuit Court of Collier County (the "Trustee" or "Clerk") (collectively referred to as the"Parties"). RECITALS A. The United States Fish and Wildlife Service (the "Service") issued a biological opinion letter with exhibits (the "Biological Opinion Letter"), dated February 19, 2014, to the U.S. Corps of Engineers (the "USCOE") after formal consultation under section 7 of the Endangered Species Act of 1973, as amended, on the USCOE's issuance of a Section 404 permit to Collier County, Florida, a municipal jurisdiction of the State of Florida, for impacts to the federally-listed Florida Panther (Puma concolor cory), associated with development activities at Collier County's Resource Recovery Park. The conditions of the Biological Opinion Letter provide, among other things, for the preservation of approximately Three Hundred Sixty-Seven and 7/10 (367.7) acres in Collier County, Florida of habitat suitable for the Florida Panther to compensate for impacts to approximately 344.25 acres of Florida panther habitat. The Biological Opinion Letter (Service Activity Code 41420-2012-CPA-0176\Service Consultation Code 41420-2012-F-0324) is incorporated herein by reference and on file with the Service. Collier County and Corkscrew Regional Ecosystem Watershed Land and Water Trust ("CREW") are the owners of approximately 367.7 acres of real property known as the Caracara Prairie Preserve (the "Compensation Parcel" or "Parcel") located in Collier County, Florida, and more completely described in Exhibit "A" attached hereto. Collier County owns an undivided ninety-four point four (94.4%) interest in the Parcel while CREW owns the remaining undivided five point six (5.6%)percent interest in the Parcel. CREW has agreed to subject its interest in the Parcel to the terms and conditions of the Biological Opinion Letter and to the conservation easement(the "Conservation Easement")jointly granted by Collier County and CREW to the Florida Fish and Wildlife Conservation Commission in accordance with the Biological Opinion Letter, as set forth in the Agreement for Sale and Purchase and the Interlocal Agreement between Collier County and CREW, attached hereto as Exhibit`B" and Exhibit"C" respectively. 1 B. Pursuant to the Biological Opinion Letter, the Caracara Prairie Habitat Management Plan (the "Management Plan") and Conservation Easement, Collier County agreed to and is obligated to manage and maintain the Compensation Parcel in perpetuity in order to preserve its habitat and conservation values for the federally-listed Florida panther (Puma concolor coryi) (the "Covered Species") and other species that are dependent on the Parcel. The Biological Opinion Letter further requires that the Compensation Parcel be managed in perpetuity for the control of invasive exotic vegetation. The Management Plan is attached hereto as Exhibit"D". C. The Biological Opinion Letter requires that the Grantor establish the Resource Recovery Park Compensation Parcel Endowment Fund Trust (the "Trust"), which shall be comprised of a non-wasting management fund (the "Endowment Fund") solely used to defray costs associated with the maintenance and management of the Compensation Parcel in perpetuity. The Grantor shall tender a one-time, lump sum donation in the amount of One Million Five Hundred Eighty Two Thousand Eight Hundred and No/100 Dollars ($1,582,800.00) (the "Deposit" or "Principal") to the Trustee for deposit into the Endowment Fund upon execution of this Agreement. D. The Clerk of the Circuit Court will serve as Trustee of the Trust. The position of Clerk is an entity created by Article V, Section 16, Florida Constitution, and is independent from the Board of County Commissioners of Collier County, pursuant to the Florida Constitution and Florida Statutes, including but not limited to Sections 28.12 and 125.17. The Clerk is the ex-officio clerk and accountant of Collier County as well as the auditor and custodian of all County funds. As Trustee, the Clerk will receive, hold, and manage monies, from the Endowment Fund in accordance with the Biological Opinion Letter, the Management Plan and this Trust Agreement and distribute monies after determining the legality of the expenditure. The Trustee shall have all the rights to and responsibilities for the management of the Endowment Fund and for the investment of the monies in the Endowment Fund. The accrued interest and earnings from the Endowment Fund shall be used exclusively to fund the permanent management and maintenance of the Compensation Parcel as provided in the Biological Opinion Letter and the Management Plan. The Trustee shall provide to the Service an annual "Financial Report of the Trust," as more particularly described in Section 3.1 of this Trust Agreement. The Clerk has no responsibilities or liabilities under the Biological Opinion Letter. E. Pursuant to the Biological Opinion Letter, Collier County has agreed to oversee and ensure that the Compensation Parcel is managed and maintained in accordance with the Biological Opinion Letter, the Management Plan and the Conservation Easement. F. The Trustee agrees to limit the activities of the Trust to the purposes set forth herein. 2 G. Collier County has adopted and the Clerk, as Trustee hereunder, agrees to abide by an investment policy (the "Investment Policy"), as set forth in Exhibit"E" attached hereto, as to the Principal of the Endowment Fund as well as any income and earnings generated on and from such Principal. Except as otherwise provided herein, the Clerk shall have all rights to and responsibilities for the direct investment decisions for the funds in the Trust. NOW, THEREFORE IN CONSIDERATION of the foregoing Recitals, which are incorporated into and made part of this Trust Agreement, and the covenants and obligations herein contained, the Parties do hereby establish the Trust and agree as follows: 1. Definitions 1.1 Person. The term "person" includes an individual, trust, estate, partnership, association, company, corporation, or other entity. 1.2 Trustee. The terms "Trustee", "Trustees", or "Co-Trustee" shall include any successor Trustee. 1.3 Principal. The terms "Principal," "Corpus" or "Deposit" mean the principal sum or capital that constitute the body of the Trust, as distinguished from any accrued interest, earnings and income. 1.4 Trust Agreement. The term "Trust Agreement" includes this document and the exhibits hereto. 2. Establishment of Trust 2.1 The Trust is created solely to provide the monies and funds necessary to pay the costs and expenses related to Collier County's management, maintenance, land stewardship and administrative costs associated with the Compensation Parcel. 2.2 Transfer to Trust. The Grantor hereby agrees to deliver to the Trustee the Deposit upon execution of this Agreement. 2.3 Trust Estate. The Trust Estate ("Trust Estate") shall be comprised of all financial assets of the Trust, including but not limited to, the Deposit, any and all additional monies and funds deposited into the Endowment Fund, and any income and earnings generated on the Deposit (Exhibit"F"). 3. Distribution of Trust Estate 3.1 Distributions of Income. The Trustee will distribute the Trust Estate in accordance with this Trust Agreement after determining the 3 legality of the expenditure. As provided in this Trust Agreement, Collier County is authorized to request distributions from the non- principal portion of the Trust Estate to pay any costs and expenses reasonably incurred in and related to the management of the Compensation Parcel, including but not limited to property taxes, contracts, equipment, materials, and signage. Distributions and spending for the management and maintenance activities on the Compensation Parcel will be based upon both annual operating and maintenance requirements and expenditures for long-term replacement of capital improvements. Exceptions to the projected annual expenditures for the activities can be implemented only if they are approved in writing by the Service and assist in the land stewardship goals set forth in the Biological Opinion Letter and Management Plan while protecting the financial viability of the Trust. 3.2 Benefit/Detriment. The Trust is irrevocably dedicated to the purposes set forth herein. The Trustee, after determining the legality of the expenditure, agrees to make lawful distributions from the non- principal portion of the Trust Estate so that Collier County may fulfill its obligations under the Biological Opinion Letter and Management Plan. 3.3 Transfer of Compensation Parcel. Collier County and the Trustee acknowledge that ownership of the Compensation Parcel may be transferred or conveyed to a third party ("successor") with the prior written concurrence of CREW and the written approval of the Service as well as in accordance with the Conservation Easement and to the extent authorized by Collier County's "Conservation Collier Exceptional Benefits Ordinance" (Ordinance No. 2006-58) adopted on November 28, 2006, and Florida law. A successor must agree in writing to assume all obligations set forth in the Conservation Easement, Biological Opinion Letter and Management Plan as well as assure and demonstrate to the satisfaction of the Service that the successor has the financial capacity to implement all of the measures set forth in the Biological Opinion Letter, Management Plan and Conservation Easement. Such Financial assurances, which must be approved by the Service, may be provided through, including but not limited to, a trust fund or letter of credit. 3.4 Endowment Fund. Except for investing the monies in the Trust Estate, the Trustee will not withdraw, disburse or otherwise transfer the Principal of the Endowment Fund without written approval from the Service. 4 0 3.5 Termination of Trust. It is intended that the Trust will last in perpetuity because the obligation to manage and maintain the Compensation Parcel, including the funding of the costs and expenses associated with the management and maintenance of the Compensation Parcel, are obligations that continue in perpetuity as covenants running with the land. If, however, the purposes for which the Trust was created have been accomplished or have been so frustrated that the Trust serves no purpose, any Party, after providing written notice to the other Party and upon receiving the Grantor's and Service's written concurrence, may petition a court of competent jurisdiction for the dissolution of the Trust. If it becomes necessary to terminate the Trust, the Trust Estate may be retained by Collier County to be used for a public conservation purpose approved in writing by the Service or, if authorized and consistent with Florida law, may be distributed: a) to a Service-approved conservation organization that agrees to use the Trust Estate for a public conservation purpose and is determined by the Internal Revenue Service to be tax exempt for one or more purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code, approved in writing by the Service, and who agrees to use the money for a public conservation purpose or b) to a Service selected and approved non- governmental entity that agrees to hold and disburse the Trust Estate to and/or as prescribed by the Service for a public conservation purpose. 4. Trustee 4.1 Accounting to Service. Upon the Service's request, the Trustee shall render periodic accounts of the administration of the Trust no less than once each year by no later than 180 days following the end of each County fiscal year (September 30) in the "Financial Report of Trust." The Report shall consist of copies of the Trust's monthly statements and an annual trust accounting that shall include annual reports regarding expenditures and reimbursements as well as income and contributions. The Financial Report of Trust shall also include a final letter from Collier County's external auditor attesting to the account balance. To the extent allowed by law, the Service's written approval of the Financial Report shall be a complete approval and protection of the Trustee as to all matters and transactions stated or shown by the accounting. 4.2 Non-Transfer of Trust. The Clerk shall not transfer the Trustee's responsibilities to a third-party entity without prior approval of the Service and Collier County. 5 C.) 4.3 Bond of Trustee. No bond shall be required of the Trustee unless ordered by a Florida circuit court of appropriate venue as provided by the Florida Trust Code, Fla. Stat. §§ 736.0101 - 736.1303, as may be amended, and under the circumstances set forth therein. 5. Trustee's Management Powers 5.1 Amend the Investment Policy. Upon written approval of the Service, Collier County and the Trustee may from time to time amend the Investment Policy associated with this Trust Agreement. Provided, however, that no such approval of the Service need be obtained if an amendment to the Investment Policy is required by Florida law. 5.2 Power to Act. To carry out the Investment Policy and fulfill the purposes of the Trust, the Trustee shall have the power to do the following acts, in addition to any powers now or hereafter provided by Florida law: (a) Establish the Endowment Fund authorized by this Trust Agreement. (b) Insure the Trust Estate against damage or loss and the Trustee against liability provided no such costs shall be paid from the Endowment Fund unless approved by the Service. (c) Pay compensation, except from the Principal, for professional services performed for the Trust or Trustee. (d) Upon the Grantor's and\or, in certain circumstances, the Service's request, and after determining the legality of the expenditure, make disbursements, except from the Principal, to pay the costs of undertaking activities for the perpetual management of the Compensation Parcel in accordance with this Trust Agreement. The Trustee is authorized to disburse sums from the non-Principal portion of the Trust to reimburse persons for the costs of management expenditures and to refund Collier County such amounts as Collier County requests or as the Service specifies in writing. Funds from the Endowment Fund shall not be used for general county purposes and shall only be used for the purposes set forth in the Biological Opinion Letter and Management Plan and in accordance with the terms of this Trust Agreement. (e) Pay or contest any claim, settle a claim by or against the Trust by compromise, arbitration or otherwise, and release any claim (collectively referred to as "settlement" or 6 41/1 "settlements") belonging to the Trust to the extent that the claim is uncollectible. The Trustee shall provide reasonable notice to the Service prior to the occurrence of any settlement. No settlement shall be paid from the Principal without the written approval of the Service. (f) Compromise, settle, and defend legal actions against the Trust. The Trustee shall provide the Service with reasonable notice of any such legal action. The Trustee also shall provide reasonable notice to the Service prior to the compromise or settlement of any such action. No compromise or settlement shall be paid from the Principal without the written approval of the Service. (g) Execute and deliver all instruments, which will accomplish or facilitate the exercise of the powers vested in the Trustee. (h) Act without court approval if the action is otherwise proper. (i) Employ and empower agents or advisors to act on the Trustee's behalf provided,however, that any compensation to such agents or advisors shall not be paid from the Principal. (j) Exercise any power necessary to manage and invest the Trust Estate in accordance with Florida law,the guidelines set forth herein, and the Investment Policy. 6. General Administrative Provisions The following general administrative provisions shall govern the Trust: 6.1 Governing Law. The validity and construction of any provision of this Trust Agreement shall be governed by the laws of the State of Florida. 6.2 Severability. If any provision of this Trust Agreement is determined to be invalid, unenforceable, or inconsistent with the laws of Florida, the remaining provisions hereof shall nevertheless be carried into effect. 6.3 Spendthrift. Neither the Principal, earnings nor income of this Trust shall be transferred, assigned, anticipated, encumbered or subject to claims of creditors or others or to legal process prior to its actual receipt by the beneficiary. 7 6.4 Accounting Standards. The allocation of receipts and expenses between Principal and income accounts shall be governed by applicable government accounting standards. The Trustee shall determine how to allocate receipts or expenses that are not governed by applicable government accounting standards or defined or specified in the Biological Opinion Letter, the Management Plan, and this Trust Agreement. 6.5 Entire Agreement. This Trust Agreement constitutes the entire agreement and understanding between the Parties hereto. This Trust Agreement supersedes all prior and contemporaneous agreements, representations or understandings regarding the Trust, including but not limited to the Endowment Fund and the Trust Estate, if any, whether written or oral with the exception of the provisions of the Biological Opinion Letter and Management Plan. 6.6 Notices. The individuals named below shall be the representatives (the "Representatives") of the Grantor, the Service and the Trustee for purposes of this Trust Agreement. Notices shall be made in writing and may be delivered in person, by mail, by telecopy (facsimile), or by electronic mail (email). Notices shall be effective only when received at the address of the appropriate Representative to be notified. Any change in the contact information for the Representatives shall be communicated in writing to the other Representatives and the Service within ten (10) business days of the change. If to the Trustee: Clerk of the Circuit Court of Collier County ATTN: Finance Collier County Courthouse Annex, 2nd Floor 3315 Tamiami Trail East Naples, FL 34112-5324 Facsimile: (239)252-2755 E-Mail: CollierClerk @collierclerk.com If to the Grantor: Collier County Board of County Commissioners Conservation Collier Program Attn: Senior Environmental Specialist 15000 Livingston Road Naples, FL 34109 Facsimile: (239)252-6720 ConservationCollier @colliergov.net 8 If to the Service: U.S. Fish and Wildlife Service Attention: Field Supervisor South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960-3559 Facsimile: 772-562-4288 6.7 Nondiscrimination. In the performance of obligations and responsibilities under this Trust Agreement, neither the Grantor nor the Trustee will discriminate against any person because of race, color, national origin,handicap, religion, age, or gender. 6.8 No Obligation. Nothing in this Trust Agreement may be construed to obligate the United States or the Service to any current or future expenditure of resources in advance of the availability of appropriations from Congress. 6.9 No Limit. Nothing contained in this Trust Agreement is intended to limit the authority of the Service to seek civil or criminal penalties or otherwise fulfill its enforcement responsibilities under applicable laws. This Trust Agreement is not a substitute for compliance with applicable Federal laws. 6.10 Nonexclusive Arrangement. This Trust Agreement shall not make or be deemed to make any party to the Trust Agreement an agent for or the partner of any other party. This Agreement neither creates nor should it be construed to create an exclusive arrangement between the United States and the Trustee. 6.11 Irrevocable Trust. The Trust is irrevocable unless revocation is approved in writing by the Grantor, the Trustee and the Service. 6.12 Amendment of Trust Agreement. The terms of this Trust Agreement may be amended at any time upon the written agreement of the Grantor, Trustee and the Service. 6.13 Service as Stakeholder. The Grantor and Trustee acknowledge that the Service is an interested stakeholder in the implementation and administration of this Trust Agreement and, as such, has standing to enforce this Trust Agreement by, among other things, bringing an action or actions in law or equity in a court of competent jurisdiction against the Grantor and\or Trustee. 9 GO 6.14 Counterparts. This Trust Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Trust Agreement. 6.15 Trustee Indemnification. (a) In the absence of the Trustee's bad faith and/ or failure to exercise due diligence or to exercise the legal standard of care required of fiduciaries, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Trustee, including but not limited to opinions of counsel. (b) The Trustee shall not be liable for any error of judgment made in good faith, unless it shall be proved that the Trustee was grossly negligent in ascertaining the pertinent facts or that the Trustee failed to exercise due diligence or to exercise the legal standard of care required of fiduciaries. (c) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of Collier County, as the case may be, relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee, under this Trust Agreement. (d) No provision of this Trust Agreement shall require the Trustee to expend, advance or risk its own funds. (e) The Trustee may rely upon and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, or other paper or document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties. 7. Compensation and Reimbursement. 7.1 Collier County agrees: (a) to pay to the Trustee from time to time such compensation, including, without limitation, its annual administrative fee, as shall be agreed upon in writing for all services rendered by it 10 GO hereunder, provided, however, that no such compensation shall be paid from the Principal; and (b) except as otherwise expressly provided herein, to reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any provision of this Trust Agreement (including the reasonable compensation and the expenses and disbursements of its agents and counsel), provided any such expense, disbursement or advance is not determined to be attributable solely to the Trustee's negligence or bad faith and that the reimbursement or advance shall not be paid from the Principal. 7.2 Collier County shall also pay the Trustee reasonable compensation for the reasonable attorneys' fees and expenses of Trustee's counsel when expended in furtherance of this Agreement. County shall pay such fees and expenses when due, and County shall indemnify the Trustee (and its respective successors, agents and servants) and hold the Trustee (and its respective successors, agents and servants) harmless against any liabilities, obligations, losses, damages, penalties, claims, actions, suits and costs which it may incur in the exercise and performance of its powers and duties hereunder except with respect to the Trustee's gross negligence or willful misconduct. The Trustee shall have no duty in connection with its responsibilities hereunder to expend or advance its own obligation or funds. 11 9 IN WITNESS WHEREOF,the Grantor and the Trustee have signed and executed this Trust Agreement as of the date first written above. GRANTOR: ,+f � / AWE'S 'ii�.'"-. BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. P K, CLERK COLLIER C TY 'J. ORIDA 1„......:4; 44.3„,..AL w lb C• By: Q''--- - lerk TOM HENNING, C a ., AN 'est as to CR=, 5ig[At ,,d,% and legality: � c Jennifer A. Belpedio Assistant County Attorn �� a TRU' By: /b- D ig t E. Brl , Clerk o the ircuit Court of Col 'er County APPROVED: By: Title: U.S. Fish and Wildlife Service Date: TRUSTEE'S CERTIFICATION The undersigned hereby acknowledges having read and understood the terms and provisions of the foregoing Trust Agreement. I hereby accept this appointment as Trustee in my official capacity as and on behalf of the Collier County Clerk of the Circuit Court, and agree to hold, administer and distribute the Trust Estate in accordance with the provisions of this instrument. Dated,this 2 day of,d)ei 201r lib• , By: . ./L �.i." -,e. Dwig t E. 're ck, lerk of the Circuit Court 12 0 Exhibit"A" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST PROPERTY DESCRIPTION The Resource Recovery Park Compensation Parcel consists of approximately 367.7 acres located in Collier County, Florida, as more particularly described in the legal description attached hereto. LEGAL DESCRIPTION: PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY,FLORIDA. 13 Exhibit"B" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST AGREEMENT FOR SALE AND PURCHASE IR5IR 480641B OR 4691 Pc 2407 RECORDED 3/4/2013 9:02 AR PAGES 14 DWIGHT E. BROCK, CLERK OF tHE CIRCUIT COURT. COLLIER COUNTY FLORIDA RIG 1120.50 1101 93.60 PropArRd Dr: CO;J$PRVATI COLLIER Jennifer A.Belpodlo,Esquire TAX TDENTIFI FICATICN HUMBER! OCC53080200 p OODKX5R000E Office of the County Attorney 3301 East Tarnleml Trail Naples,Ftcride 34112 (239)7748400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered Into by and between MARILYN H.ADKINS, AS TRUSTEE OF THE MARILYN H.ADKINS REVOCABLE TRUST U1DIT DATED JULY 8, 1997, an undivided one-eight (118) interest, whose address is 15232 Fiddlesticks Blvd,Ft.Myers,FL 33912,JOAN H.BICKEL,TRUSTEE OF THE JOAN H.BICKEL LIVING TRUST DATED MARCH 29,2000,an undivided three-eights(318) interest,whose address is 15 Woodcreek Lane, Frisco,TX 75034, and HUGH E. STARNES AND JUDY A.STARNES,AIKIA JUDY ANN STARNES,husband and wife, an undivided one-half (1/2)Interest,whose address is 3715 McGregor Boulevard,Fort Myers, FL 33901, (hereinafter collectively referred to as "Setter"), and COLLIER COUNTY, a political subdivision of the State of Florida,its successats and assigns, (hereinafter referred to as "County'), an undivided ninety-four point four (94.4%) percent interest. whose address is 3301 Tamiaml Trail East,Naples,FL 34112.and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non profit corporation, (hereinafter referred to as 'CREW),an undivided five point six(5.6%)percent interest,whose address is 23998 Corkscrew Road,Estero,FL 33928,(hereinafter collectively referred to as"Purchaser"). W IThia SETH WHEREAS, Seller is the ownen`of that oertaftr" aigel of real property (hereinafter referred to as"Properly),located in Collier County;Stale of Florida,and being more particularly described in Exhibit,:8.7bitsched hereto and made a part hereof by reference. WHEREAS,Purchaser 1 desirous of pu the Property,subject to the conditions and other agreements hereinafter set forth,and Se r is agreeable to such sale and to such conditions and agreements. WHEREAS,in addition to the conditions and other agreements herein set forth,County will lease back the Property to'Hugh E._Starnes,(Intrelnafter referred to as'Lessee') subject to the terms of a valid and entdreca4le(ease for cattle grazing, 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. AGBEEMEBIIT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shalt 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 Five Million Three Hundred Thirty Two Thousand Dollars and No/100 Dollars (55,332,000.00),(U.S.Currency)payable at time of dosing. 2.02 CREW shall deliver to County a check made payable to Collier County Board of County Commissioners in the amount of Three Hundred Thousand Dollars and No/100 Dollars(5300,000),(U.S.Currency)on or before the time of closing. Uf. CLOSINQ 3.01 The Property shall be conveyed in its 'as is, where is. with all faults" condition,subject only to the limited post-Closing warranties hereafter slated. 14 C;) ra till VG Riled C5NitItt. .T]Ct1 eet.Ltsa hF IOESrlftcP.1'tLN augur 00 0 5 10 1162 0c L 04453D16D75 3.02 The Crosing (THE 'CLOSING DATE, 'DATE OF CLOSING', OR "CLOSING')of the transaction shall be held on or before one hundred and twenty (120) days rollowing c ocu ien of this Agreement by the Purchaser, unless extended by rntlual written agreement of the parties hereto. The Closing shalt be held at the Colter County Attorney's Office,Adrrrnlstrabon Building,3301 Tamura Trail East, Naples, Florida- The procedure to be followed by the parties in connection with the Closing shall be as follows: 3 021 Senor shoe convey a marketable title free or any sari,encumbrances, ciceplions.or euaht'leatlons.Ma ketable tide shall be determined according to applicable tike standards adopted by the Mende 13ar and en accordance with Pm, At the Closing,the Seller!tsar cause 10 be delivered to the Purchaser the inns sperfied herein and the following documents and instruments duly executed and acknowledged,in recordable knit: 3,0211 Joan H.Bickel.Trustee of the Joist H. Bickel Living'Trust dated March 29,2900(the'Bickel Trust l,shag execute and delver a General Warranty Deed at Closing for the prorate share of the Property owned by the Bickel Trust. 3.0212 Marilyn H, Adkins, Trustee of the Marilyn H. Adkins Revocable Trust UIDlr dated July 5, 1997 {the'Adkins Trust'}, than execute and delver a General Warranty Deed at Closing for the prorate share of the Property owned by;tneAdkins Trust. 3,0213 Hugh E,Shames end Judy A Starnes, undo Judy Ann Stamen. husband and wire rSlart'ias'. shall execute and deliver a General Warraely pee"a1'Gloetikkg for A,r ate share of the Property owned by the StflS + 1 ( 1 )I 'i 1 3.0214 At above Warranty Deeds shall be In favor of the Purchaser conveying tide to the Property, free and clear of all Irons and encumbrances other than: (a)The lien for current lelfes and assessments (b)Such other easements,resblc60ns or conditions of record. 3 0215 Combined Purchaser-Seller chasing statement 3.0219 A'Gap,' Tax Proration, Osiers and Nan-Foreign AffIdavit,'as required by Section 1445 d the Internal Revenue Code and as required by the title Insurance underwriter in order 10 insure the"gap"and issue the poecy contemplated by the trite insurance commitment 3 0217 A W-9 Form. 'Request for Taxpayer Identification and Certification"as remised by the Iraernal Revenue Service. 3.0219 At Closing, Hugh E, Sfxnes shall execute, acknowledge arid delver to County.In recordable form,a valid and enforceable lease for cattle grazing. The terms 01 the executed lease shall be set forth in Exhibit'El',attached hereto 3.022 At the Closing,line Purchaser,Of cs assignee.shall caws*to be delivered to the Seller the followirer 3.0221 A negotrable Instrument(County Warrant) In an amou,i equal to the Purchase Pnee. No funds shall be disbursed to Seller well the Title Company verities that the stale of the title to the Property has not changed adversely since the date of the last endorsement to the comrntmont, referenced m Section 4 011 thereto. and the Title Company Is irrevocably committed to pay the Purchase Price to Seller 15 0 in 4891 PG 2904 CCOSSRVATICtr CJLLIER TAX IOEarTIFICATIcrr NUMBER: 00G5300020D G 000$3080004 and to issue the Owner's title policy to Purchaser to accordance with the commitment immediately after the recording of the deed. 3.0222 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 3.03 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sde 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 titre to the Property, The cost cf the Owners 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 titlo commitment shall also be paid by Purchaser. 3 04 Purchaser shall pay for the cost of recording the Warranty reds, Real Property taxes shall be prorated based on The current year's lax 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 mllage. IV. REQUIREMENTS AND CANLflQtl�rj 4.01 Upon execution of this Agreement by all 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' stated/,which shall be conditions precedent to the Closing; I e, "r 4.011 Within rftesh°(18}days il�er the date hereof:Purchaser shalt obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form t3-1070)covering the Property,together with hard copies of all exceptions shown thereon. Purchaser straM.,Ve thirty (30)days, following rece rt of the title insurance commitment, to notify Seller in writing of any objection to title other fh#tl;llensMVidencrng monetary obligations, if any, which obligations shalt be paid of 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 Sellers 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,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 goad and marketable. In the event Seller is unable to cure said objections within said lime 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 obection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written noticc of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to bite 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 10 (ten) days of the effective dale of this Agreement. Purchaser shaft 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 16 4111 GONMYAv:,TIO 4 COLLIE? TAX IcEtiTIFICATION NOr4arRt 00053000200 G 33053CBOOJd Florida surveyor,shows: (a)an encroachment onto the properly;or(b)that an improvement located on the Property projects onto lards of others, Or(c)rack 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 Properly as it then is, waiving any objection to the encroachment, or projection,or luck 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 Properly with the encroachment,projection,or lack of legal access. 4,014 Reservations of oil,gas,and mineral rights that exist in the chain of title as well as applicable leases may affect Purchaser's use of Property for conservation purposes. Purchasers shall have fifty-five (55) days from the effective date of this Agreement to obtain releases of such rights to surtaccr.*: exploration and mining.--or1}t.Q.bfh noise, satisfy concerns that surface exploration and minir4Onot Odder on P rty, or to otherwise terminate this Agreement at go pity. �'`' V. INSPECTION PERI(q 5.01 Purchaser shall have one hundred:and twenty(120) days from the dale of this Agreement, (elnspectitxt _PeJfgd , Io,determine through appropriate investigation that, 1, Soil tests and engineering studies indicate that the Properly can be developed without any abnormal deinucking,soil stabilization or foundations. 2. There are no abnormal drp)riae f�environmental requirements to the development of the Property:-.:22..-_'-:- 3. The Property is in compFiance with all applicable Slate 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 whatscever,with the results of any investigation, Purchaser shalt deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applcablo contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the'nspection Period, it shall be deemed that the Purchaser is satisfied with Via 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. 17 OR 4591 Po 2911 Cahs£RS? :or CCt.LIin TP.X IDENTIFICATION SIMMER: 00057080200 & 00053080035 VI. INSPECTION 6.01 Seller acknowledges that the Purchaser,or its authorized agents,shall have the right to inspect the Properly at any time prior to the Closing. VII. POSSE=SSION 7.01 Notwithstanding anything contained in the Agreement to the contrary, Seller has advised Purchaser that some or all of the oil,gas,minerals and hydrocarbons kited at, in and under the Property (collectively, the 'Minerals"), have been previously transferred only to the extent set forth in reservations recorded in the public records of Collier County and that to the best of SeLer's knowledge there ate no outstanding reservations, leases, or assignments of Mineral rights other than the Oil, Gas, and Mineral Lease, dated March 15, 2007, between Hugh E Starnes and wife, Judy Ann Starnes and Wesley E. Williams. In any event, Sellers reserve. for themselves and their respective heirs, beneficiaries, legal representatives, successors, and assigns, all of the Minerals not otherwise previously transferred. The Deed used to convey the Property shall contain similar reservation and the provisions hereof shall survive Closing, 7,02 Purchaser shall be entitled to full possession of the Property at Closing,but riot inconsistent vrilh the oil, gas mineral, or other reservations as set forth in Section 7.01, `11°R 7.03 At Closing, Seller sr'.)1 execute, acknowledge and deliver to Purchaser, a valid and enforceable leasefofeattle_grezing. 7.04 CREW acknowledges and agrees that County has full authority under the terms of the lease described in Section 3.0218.These actions include,but are not limited to negotiation aridexecvtion of the lease described in Section 3.0218 as properly executed by Seller, and la take arty action reasonable and necessary as lessor of the Property,.ifFluding a renewal of the lease term. 7,05 CREW hereby transfers and assigns to County all panther mitigation units that may be received from U.S. Fat'i and Wildlife Service. CREW acknowledges and agrees that it will reasonably Cooperate wit County to the extent necessary to ensure that County is eligible and able to receive the maximum panther mitigation units allowable. 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 2006 taxes,and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants andlor 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 If the Purchaser has not terminated tl".is Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terrn:natc and cancel this Agreement by giving written notice thereof to Purchaser,whereupon Ten Thousand Dollars($10,000.00)shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive 18 OR 4891 Pc 2912 cogSt WtICtt COLLIER TAX IOEfTIFICA7Tov YUr3sR! 00O53091700 & 1345J4000A6 remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01,(Real Estate Brokers),hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain In amount and difficult to ascertain,and that said amount of l'xauidatecf damages was reasonably determined by mutual agreement between the parties,and said sum was not intended to be a 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. SEL,05 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 instalments 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 suca approvals shall be delivered to Purchaser andior Seller,if necessary.; 10.013 The warranties set forth in this Suction shell 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 befell performance and discharge of every agreement'and,obligation on the part of the Seller to be performed pursuant to the pros ion _o79lis Agrfiltitent. 10.014 Seller represents that i1 has no knowledge of any actions,suits,claims. proceedings, litigation or investigations pending or threatened against Setter, at law,equity or in arbitration before or by any federal,slate,municipal or other governmental instrumentality that relate to th* 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. 10.015 Until the dale fixed for Closing, so long as this Agreement remains in force and effect, Sever shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity arty 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,without any independent investigation,that it has no present,actual knowledge that 1. Incinerators, septic tanks or cesspools are located on the Property; all waste,if any,is discharged into a public sanitary sewer system, 2. Any pollutants are or have been discharged from the Property.directly or indirectly into any body of water; 19 OP. 4591 PG 2913 CONSERVATICN COLLIER TAX ICRNTIFICA ICCr NUMBER: 00G53000200 G: ooes)orloora 3. The Property has 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; 4. Hazardous or toxic substances are currently used in connection with the operation of the Property; 5, There is any pending proceeding or Inquiry by any authority with respect thereto; B. There Is ground water contamination on the Property, 7. Storage tanks for gasoline or any other substances are or were located art the Properly; 8. Any of the Property has been used as a sanitary landfill;. 9. The Property and Seller's operations concerning the Property are in violation of any applicable Federal,State or local statute.law or regulation; 10.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. 10.018 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 aKe,oraa .maintenance, construction, advertising, management, leasing, enteoyment, servic9,or other contracts affecting the Properly. r'1 o\ 10.019 Seller haG nrr'kndMedge that there afe any suits,actions or arbitration, bored issuances or proposals ttrerefpr,,cproposals for public improvement assessments, pay-back agreement54paVfggagreements, road expansion or improvement agreements;ut ITO*csiu0s-u$e moratoriums, improvement moratoriums, administrative or other 'proceedings or governmental investigations or requirements, format or informal. existing or pending or threatened which Olds the Property or which adversely affects Seller's ability io perform hereunder;P r.is there any other charge or expense upon or related to the Property+ jlas not.bd en disclosed to Purchaser in writing prior to the effective date of tftrsAAreement. 10.020 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. 10 021 At the Closing, Seller shall deliver to Purchaser a statement thereinafter called the "Closing Representative Statement') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing for a period of one (1) year. Each of the foregoing representations is made to Selleer's actual, current knowledge but without any investigations or analysis and Purchaser is encouraged to engage such inspectors and environmental site assessors as Purchasers requires in order to independently verify the condition of the Property within the Inspection Period 20 `"? OR 4 891 Po 2914 CONSERVATION c LIM 7AX IL£117=FIC.77011 171,7 _Rc 098S3089290 & 001MOeCOOb 10.022 Seller 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 Indectly, pursuant to or in connection with the breach of any of Seller's representations provided above. This provision and the rights of Purchaser,hereunder,shalt survive Closing for a period of one(1)year. 10.023 Any loss andtor damage to the Property between the date of this Agreement and the date of Closing shall be Setter's solo 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. Alexandra Sulecki,Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiarni Trail East Naples,Florida 34112 If to Purchaser: Dr John Murray;Executive Director CorKSerew Regional EcOsirl.atent Watershed Land &Water,-Trust Inc. \ `, 23998 Corkscrew Raid Estero,Ft, 33928-77 w?ti; Tetephorie humtber. 239=657-2253 Fa x i unIber;_239.657-8392 With a copy to; Cindy M.Erb,Senior Property Acquisition Specialist Co Iler,County Real Estate Services Adniiirigtration Building 330i Tanvamf Trail East Naples,Florida 34112 Telephone number:239-774-8991 Fax number: 230-774-8876 If to Seller. Martlyn H,Adkins,Tr. 15232 Fiddlesticks Blvd. Fort Myers,FL 33912 Telephone number: 239-768-0993 Fax number, OA A if to Seller: Joan fl,Bickel,Tr. 15 Woodcreek Lane Frisco,TX 75034 Telephone number: 972-625-2279 Fax number. VP? _ If to Seller: Hugh E.&Judy k Starnes 3715 McGregor Boulevard Fort Myers,FL 33901 Telephone number 239-335-2257 Fax number, 239.335-2586 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 staled herein shall be deemed to continue in effect for all purposes. 21 0 oil 1891 Pr, 2.915 coon-Mime cctW era TAI to.RiPIGTtOtt amuse QOU910loses • QpotI SCCer XIi. REAL E aTATE BROKERS 12 01 Any and all brokerage commissions or fees 5heo be the sole responslbfttfy of the Seller. Seller shah indemnify Pivchaser and hold Purchaser harmless from and agaant any claim or Wrbility for commission or fees to nay broker or any other person or party claarxne to have been engaged by Seller as a real estate broker. enlesman or representative, in connection with iris Agreement Selr agrees to pay any and all commiss►onts 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 constitwe the agreement of the parties. 13.02 This Agreement and the terms and prowielorts hereof shalt be electric as of the date this Agreement is executed by both parties and shall inure to the bcne61 of and be binding upon the parties hereto and their respective heirs, executors, personal representatives. successors, successor trustee, and assignees whenever ihq context so requires or admits, 13.03 Any amendment to thits,A¢tliirteltt.,>) u not bind any of the parties hereof unless such amendment Is In wreing a4 executed and dated by Purchaser and Serer_ Any arnendmenl le this Agreement shallbe birrdaig upon Purchaser and Seller us soon as it has been executed by both parties, 13 04 Captions end seam heiedinger c italnod in this Agreement are for convenience and reference only; I I no Way do ihey define, describe, extend or limit the scope or intent of teie Agceernerrt or any provisions hereof. 13.05 All terms and words used in this Agr errient,regardless of the number and gender in which used, steal be deemed to include any other gender or number as the canters or the use thereof lefty regrere. 13.00 No waiver of any provision of this Agreement shad be effective unless It rs et wry signed by the party agarrst whom I is asserted. and arty waiver of any provision of this Agreement shad be applicable only to the speak Instance to which it is related and she,not be deemed to be a continuing or future waiver as to such provision or a waiver ask)any other provision, 13.07 If any date specified le this Agreement falls on a Saturday.Sunday cr ixjal holiday,then the data to which Such reference is made shall be extended to the reed succeeding bushels day, 13 Oa Serer is aware of and understands that the'offer to purchase represented by the Agreement is subject to acceptance and'reprove!by the Raard of County Commissioners of Collier County,Florida. 13.09 If the Seller holds the Property In the term of a partnership. lrmAed partnership, corparaticn, trust or any form of represcntat've cepeety whatsoever for others,Seller revel make a written public disclosure.according to Chapter 260, Florida Statutes, under oath, of the namo and address of every person having a beneficial intorost in the Property beetle Property held in such cattacity is conveyed to Collier County. (If the torporation Is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sob to the general public. A is hereby receipt (Tern the provisions of Chapter 286,Fktrida Statutes) 13.10 This Agreement is governed and construed In accordance reel the taws of the State of Florida, 22 ,\ 4H 4811 PO 2916 CONZERVATICN COLLIER TAX IDENTIFICATION NUMBER' 0005)050]00 4 04053010006 CONSERVA7ION COLLIER 77X IWEN7IFICn7ION NUMBER!: 0005300D24!M & D005308DDIG 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 berm, Dated Project/Acquisition Approved by SCC: zc.�7 itl f. k71. /D l# f'v AS TO PURCHASER: f "`f` _ '\ k ATTEST: ,/ BOAPO OP CIUNTY COMMISSIONERS DWIGHT E.BROCK,Cleric (C( 5jCQWERGUNTY,FLORIDA p i Cp.,/ { S 'PCL4S4' +' _ .. 1 ,/ ,• { ,atr, RutY r3 CO A.Chap an sionbtu0 o41• ,j1ft: [ ti!�!� '. : •.AS:TO PURCHASER: DATED 1-31-41 WITNESSES: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST,INCORPORATED,a Florida non profit Corporation (Signature) 7b11,.3141-k 3t�t�Ns T r— (Printed Name) BY:{ ca 12ay.lvctd1C. irma�+ (Signature) . /`-y (Printed Name) 23 ,�� OR 4891 PG 2917 C I IATION IE7l TAX 10QI71F1 AT/OW NUMMI O005108O200 b 0O0a108 9D45 RECEIVED AS TO$ELI.ER JUL 6 nu DATED: ? `dr' 0") HEAL ESTATE SERVICES WITIMESSES: r .' `, BY; : L- 6%7(Signature) HUGH E. STARNEg (Parted Name) Ni i (Sirpature) Name) "*.-0 / AS TO SELLER 'T i t! DATED 5 ` °`.7 WITNESSES. .._. BY. *' (S' Lure) JUDY I ST r S aAd/a JUDY ANN STARNES fir (S innlure), 7f13/ IL/A/I Printed Name) 24 25 OR 4891 PG 2918 COOMMVA71014 COLLiax TAX IDENTITICAT:00 MAIM 000534).0200 I 000$3000004 AS TO SELLER, DATED: 6— lig--- a 7 WITNESSES: 4 0 , BY: A ./, „,.,, j■ _oe,..._.... ignatunit) r . LYN ,AD KINS,AS TRUSTEE OF THE MARILYN K.AOKINS Cd_t_4_42.1. 1,4L Mt4 REVOCABLE TRUST MIT DATED (Fruited Name) JULY 8, 19g7 _,,....:-.6.1.4, (31.07: I rit) t ‘÷‘,104‘00004-44.- (Printed/Um) / t. n u .,.. A \,,,,,,,,,, . . __ N,,,,,,, Z!'li F cili.-1,.,‘::>. _______ 25 o''-) OR 4891 VG 2919 coNS8AvAtICtd COLLIER TAX 741CNTIFICATIcH NUMBER! 000530802N G 000530:30006 AS TO SELLER: DATED: 430.4 S r_ l WITNESSES: _ BY: .:;Ec r f (S ai�xre) -H. BICKEL,TRUSTEE THEJOAN H. BICKEL LIVING L Inia, Sc. F. TRUST DATED MARCH 29,2000 (Printed Name) (Signature) SaZAI rint G--71) : , ,(Printed Name) -,Jik}`R cc . l' I'M 1.--) -PI Approved as to form and �I., (.-.-l legal sufficiency: ""` ,�.° ,1 ,I JGnxi cr A. :elpi ►:a ti } Assistant County- ttorney ``-'� � - 26 CO ++* OR 4891 PG 2920 `*" CONStaVATION COLLIER TAX IDENITFICATION MUNDBRi 00053 080200 L 00053m306 306 EXHIBIT "EA„ PROPERTY TAX IDENTIFICATION NUMBER: 00053050006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY. FLORIDA, AND PROPERTY TAX IDENTIFICATION 00053000200 LEGAL DESCRIPTION: I ,, • / :,n.-•,.. ''—---ri, NORTHWEST QUARTER OF NORTHEAST QUARTER (NE lid) OF SECTION 30, T WN H P 4 LIOUN'iviRANGE 28 EAST, OF COLLIER CC]UNTYTF , .fir 1 t ` rl fir! EXCEPT SELLERS RESERVE':ANY OI1.N GA AND MINERAL, RIGHTS OWNED BY THEM AS SET FORTH it .'ANY PREVIOUSLY RECORDED DEED. 27 0 Exhibit"C" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST INTERLOCAL AGREEMENT INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST CARACARA PRAIRIE PRESERVE This Agreement is entered upon this Wt" day of " , ,•�..�r-ems , 2011, by COLLIER COUNTY, a political subdivision of the State of Flori a, its successors and assigns. (hereinafter referred to as "COUNTY"), whose address is 3299 Tamiami Trail East, Naples, FL 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non-profit corporation, (hereinafter referred to as"TRUST"), whose address is 23998 Corkscrew Road,Estero, FL 33928. WITNESSETH WHEREAS, the COUNTY owns an undivided ninety-four point four (94.4%) percent interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically described in Exhibit"A"attached hereto and incorporated herein by reference("Property");and WHEREAS, the TRUST owns an undivided five point six (5.6%) percent interest of the Property;and WHEREAS, the COUNTY is required to manage the Property in perpetuity, as set forth in Collier County Ordinance No.02-63,as amended. NOW, THEREFORE, for good and valuable consideration, the COUNTY and the TRUST hereby mutually agree: I. That the TRUST authorizes the COUNTY to unconditionally use its undivided Five point six (5.6%) percent interest of the Property for the purposes of restoration and management for the benefit of present and future generations. 2. That the TRUST authorizes the COUNTY to enter into agreements with other governmental agencies in order to implement management activities outlined in the Caracara Prairie Preserve Habitat Management Plan. 3. That all the terms herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors,administrators, personal representatives, heirs,successors, and assigns. 4. That CREW has no liability or responsibility for the management ot'the Property. 5. That CREW will not benefit in any way from the Property. nor assume the responsibility for funding management of the Property. 28 IN WITNESS WHEREOF, the COUNTY has hereunto set its unauthorized hand and seal as of this date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRAQF.,,CLERK OF COLLIER COUNTY,FLORIDA `i (A)-411113,Dill FRED W. COYLE,CHAI AN Attrit. ;4,1 • Approval foi-Titrrhi*atid legal Sufficiency: Jen r B. White Assistant County Attorney AS TO CREW: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, DATED: $ 15 ‘1 INCORPORATED, a Florida nonprofit corporation WITNESSES: (S _n It .'e) (Printed Name , MIA (M F5' . 1 BYE ��.<<.�i�-���►L :.//La. ill Hammond, Chairman (Signature) (Printed i S e S -phen A. Walker, Esq. Approved as to form and legal sufficiency: 29ii Interlocal Agreement-EXHIBIT A PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. 30 0 Exhibit "D" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN 31 0 Caracara Prairie Preserve Habitat Management Plan Introduction Collier County (County) has acquired the Caracara Prairie Preserve for conservation purposes and proposes to use the property to offset impacts to the Florida panther (Puma concolor coryi) (panther) from the construction of the Collier County Resource Recovery Park. The Caracara Prairie Preserve (Preserve) will be managed for conservation, protection, and enhancement of natural resources and for passive and compatible public outdoor recreation. Biological Goals The biological goals are to (1)protect, manage and restore (as appropriate) the native habitats on site, and (2) monitor management activities as they affect the panther, native vegetation, and wildlife, Objectives The Preserve will be managed for conservation and recreational uses by 1. maintaining upland, invasive, exotic vegetation at a manageable level; 2. maintaining pasture through cattle rotation,mowing, and burning; 3. maintaining forested land through prescribed fire regime; and 4. conducting scheduled, controlled hunts for feral hogs and turkey The value and integrity of the Preserve will be maintained by 1. marking the property boundaries with conservation land signs; 2. gating the property to reduce uncontrolled access; and 3. conducting routine law enforcement patrols. Strategy The Preserve was selected and designed to provide conservation value to the panther and other threatened and endangered species in Collier County, and provide passive recreational opportunities to local citizens. An active management plan is proposed to restore native communities where feasible and control invasive plants. Sufficient funds will be set aside to maintain these ecological improvements in perpetuity. 32 Site Description The 367.7-acre Caracara Prairie Preserve is located at 2320 Corkscrew Rd. in Immokalee, Florida (Figure 1). The northwest corner of the property is approximately 13.5 miles east of Interstate 75 on Corkscrew Rd. The property is located in Section 30, Township 46, Range 28. The bulk of this property is designated as "open space" in the Rural Lands Stewardship Area (RLSA) (Collier County 2007). A small portion, approximately 50 acres, is within the RLSA Habitat and Flow way Stewardship Areas. The property has mixed-land use designations consisting of improved pastureland, former cultivated areas,wetlands, and wooded areas. The Caracara Prairie Preserve is bordered by CREW lands to the north, east and south. These lands are designated as conservation areas and were acquired by the South Florida Water Management District (SFWMD) with funds from the Save our Rivers Program. These lands are mandated to be managed in an environmentally acceptable manner and restored to their natural state. SFWMD may make certain capital improvements, i.e. fencing, access roads/trails, and provide basic public facilities on their lands. In addition, habitat management such as control of exotic species and prescribed burning may be conducted. The legislation (373.59 F.S.) also requires SFWMD to develop appropriate public use. The Caracara Prairie Preserve is bordered by active agriculture to the west. These lands are within the Lee County boundary. Several historical sites are located nearby but no sites were identified on the Caracara Prairie Preserve (Figure 2). The Caracara Prairie Preserve is not within an area of historical and archaeological probability, and the Florida Department of State Division of Historical Resources' Master Site File lists no known historical or archaeological sites on the property (Appendix A). If evidence is found to suggest that any archaeological or historical resources exist on site, the County will notify the Division of Historical Resources immediately. Where resources are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a)and (b). Portions of the property were used historically for the cultivation of row crops. The property was undeveloped prior to the 1950's. A Phase I and II Environmental Site Assessment performed by URS Corporation in October 2007 identified five areas on-site totaling approximately 105 acres that were formerly used for agriculture (URS Job No.: 38616-724). Furrows used in row crop cultivation are still present on the property. Historical aerial photographs indicate that the cultivation was conducted between the 1950's up until the 1970's. Pesticide levels found by URS within the pasture soils were not high enough to warrant concern regarding the use of the property as a conservation area(URS Job No.: 38616-724). 33 o Project Area Applicability for Mitigation The Preserve is located within Florida Fish and Wildlife Conservation Commission (FWC) Priority 1 Habitat for Florida Panther and within the U.S. Fish and Wildlife Service (Service) Panther Focus area with about 67% of the Preserve in the Primary Zone and 33% in the Secondary Zone (Service 2007) (Figure 3). The property is surrounded on the north, east, and south sides by conservations lands, and is made up of habitat suitable for the panther. In addition, a least-cost panther dispersal pathway crosses the southern portion of the property (Swainson et al. 2005). Physical Setting The Caracara Prairie Preserve is located in the Corkscrew Regional Ecosystem Watershed (CREW). CREW is a 60,000-acre watershed spanning Lee and Collier Counties (Figure 1). CREW's 5,000- acre marsh is the headwater for the entire watershed and is located north of the Caracara Prairie Preserve. Historically the property was primarily pine flatwoods and freshwater marsh(Davis 1967). Soils The property is composed of seven major soil types (Table 1) of which most are non-hydric (Figure 4). The soil types indicate the historical habitat types were mesic flatwoods and wet prairie. Table 1. Soil types, area, and expected habitat of the Caracara Prairie Preserve. Soil Acres Habitat1 Basinger Fine Sand 1.8 Hydric Flatwood Chobee; Winder; And Gator Soils; Depressional 41.7 Wet Prairie Immokalee Sand 50.9 Mesic Flatwood Riviera Fine Sand; Limestone Substratum 50.1 Wet Prairie Tuscawilla Fine Sand 9.1 Hammock Wabasso Sand 211.7 Mesic Flatwood Winder; Riviera; Limestone Substratum; and Chobee Soils; 2.4 Marsh Depressional 1Zahina et al. 2007 0 34 �J Vegetation Seven vegetation types were identified by Boylan Environmental Consultants, Inc. staff in February 2013. The vegetation types,per Florida Land Use, Cover and Forms Classification System(FLUCFCS) (FDOT 1999), are described below(Figure 5). Plant common and scientific names follow Wunderlin and Hansen(2008). Improved Pastures (211) — 87.21 acres. These areas are dominated by bahiagrass (Paspalum notatum) seeded for cattle forage. Most pastures are in fair to good condition. The pastures also contain smutgrass (Sporobolus indicus), dogfennel (Eupatorium capillifolium), wax myrtle (Myrica cerifera), and other weedy undesirable species. Plant composition transects show an average of 60-70% bahiagrass and 30-40% weedy/undesirable species. Woodland Pastures (213) — 93.28 acres. These are forested lands that are used as pastures. The dominant canopy species within these lands include cabbage palm (Sabal palmetto), slash pine (Pinus elliottii) and wax myrtle. Pine Flatwoods (411) — 44.98 acres. The flatwoods areas are mainly composed of slash pine, saw palmetto (Serenoa repens), oak (Quercus spp.), wax myrtle, broomsedge bluestem (Andropogon virginicus), forbs, and sedges. Blue maidencane (Amphicarpum muhlenbergianum) and chalky bluestem (Andropogon virginicus var. glaucus) are desirable grasses found in this habitat, and also good indicators of site condition. Most flatwoods are in fair condition. Oak-Pine-Cabbage Palm (423)—49.29 acres. This is a mixed forest community in which no single species is consistently dominant. However, this is a predominantly hardwood forest type in which various southern pines are major associate species. Major component species of this community include oak, slash pine, and cabbage palm. This community has been fire suppressed within the Preserve for many years. Wetland Shrub (631)—2.00 acres. This community is associated with topographic depressions and poorly drained soil. Associated species include willow (Salix caroliniana), and other low scrub with no dominate species. Berms and ditches surrounding this community appear to have led to its existence. Judging by historical aerials, this area was most likely wet prairie prior to manmade hydrologic alterations that occurred in the 1960's. Freshwater Marsh (641) — 31.69 acres. These areas are dominated by wetland plants and flooded for most of the wet season. These are very important habitats for many wildlife species. Most wetlands are in fair to good condition. Plant composition includes: maidencane (Panicum hemitomon), Wright's nutrush (Scleria lacustris), trompetilla (West Indian marsh grass Hymenachne amplexicaulis), torpedograss (Panicum repens), pickerelweed (Pontederia cordata) primrosewillow (Ludwigia spp.), sedges, smartweed (Polygonum spp.), and marshpennywort (Hydrocotyle spp.). Wright's nutrush, Trompetilla and torpedograss are invasive species 35 Wet Prairies (643)—54.61 acres. These areas are composed predominately of grassy vegetation on hydric soils and are distinguished from the marshes by having less water and shorter herbage. Plant composition includes primarily maidencane and cordgrass (Spartina bakeri). Wright's nutrush and torpedograss also present in some sections of wet prairie. Biological Resources No listed plant species have been directly observed on the property (Coile and Garland 2003). Listed animals for the area are summarized by Gruver(2007) and USFWS (1999). The following listed wildlife species have been observed on the property: Florida panther(Puma concolor coryi) Federally-designated Endangered (FE); Audubon's crested caracara (Polyborus plancus audubonii) Federally-designated Threatened (FT); Florida sandhill crane (Gnus canadensis pratensis) State-designated Threatened (ST); Big Cypress fox squirrel (Sciurus niger avicennia) ST; gopher tortoise (Gopherus polyphemus) ST; limpkin (Aramus guarana) State Species of Special Concern (SSC); snowy egret (Egretta thula) SSC; American alligator (Alligator mississippiensis)FT because of similarity of appearance. The observed habitat and location supports the presence of numerous freshwater wetland dependent listed bird species including woodstork(Mycteria americana) FE. Species to be covered The Florida panther will be covered by this Habitat Management Plan. Collier County reserves the right to add the crested caracara to the covered species in the future if conditions on the Preserve property are consistent with Service policy for caracara compensation when the policy is completed. Local Habitat Requirements Florida Panther - Panthers use the mosaic of habitats available to them as resting and denning sites, hunting grounds, and travel routes. These habitats include cypress swamps, hardwood hammocks, pine flatwoods, seasonally flooded prairies, freshwater marshes, and some agricultural lands. The cover habitats in south Florida used most often by the panther include: hardwood swamps, tree islands or hammocks, and pine flatwoods with dense palmetto. These cover areas are important for denning and rearing of young. Dense understory vegetation comprised of saw palmetto provides some of the most important resting and denning cover for panthers (Maehr 1990). Panthers sometimes utilize nonforest cover types, including areas disturbed by humans (Belden et al. 1988, Maehr et al. 1991, Comiskey et al. 2002). Forest patches of all sizes appear to be important components of the landscapes inhabited by panthers, not just the larger forest patches. 36 Panther habitat selection is related to prey availability (Janis and Clark 1999, Dees et al. 2001) and, consequently, prey habitat use. White-tailed deer (Odocoileus virginianus) and hogs (Sus scrofa) constitute 67% of the panther diet. Exotics [hog and armadillo (Dasypus novemcinctus)] account for almost half of the panther diet. Hardwood hammocks and other forest cover types are important habitat for white-tailed deer and other panther prey (Harlow and Jones 1965, Belden et al. 1988, Maehr 1990, Maehr et al. 1991, Maehr 1992, Comiskey et al. 1994, Dees et al. 2001). Periodic understory brushfires (Dees et al. 2001) as well as increased amounts of edge (Miller 1993) may enhance deer use of hardwood hammocks, pine, and other forest cover types. Marshes, rangeland, and low-intensity agricultural areas support prey populations of deer and hogs (Comiskey et al. 2002, Beier et al. 2003, Comiskey et al. 2004, Beier et al. 2006). Site Habitat Available Florida Panther—The entire Caracara Prairie Preserve (367.7 ac.) is located in the Panther Focus area north of I-75. Panthers living north of I-75 weigh more,produce more kittens, and raise more young than panthers to the south(USFWS 2006). Approximately 94.3 ac. of the Caracara Prairie Preserve consists of pine flatwoods and oak-pine-cabbage palm, preferred cover habitat of the Florida panther. The 268.8 ac. of improved/woodland pasture and scattered wetlands are suitable habitat for prey populations of deer and hogs. Credits Criteria Florida Panther—Based on recent publications (Cox et al. 2006, Kautz et al. 2006, Land et al. 2008) values were assigned to the habitats. The proposed panther credit follows the panther habitat units (PHUs)assigned the each habitat type on-site(Table 2). Table 2. Habitat category, value, area, and panther habitat units (PHU)for the Caracara Prairie Preserve. Habitat(FLUCFCS) Value Acres PHU Industrial (150) 0 1.58 0 Improved Pasture (211) 5.2 87.21 453.492 Woodland Pasture (213) 5.7 93.28 531.696 Pine Flatwoods (411) 9.5 44.98 427.31 Oak-Pine-Cabbage Palm(423) 9 49.29 443.61 Other Surface Waters (500) 0 1.01 0 Wetland Shrub (631) 5.5 2.00 11.00 Freshwater Marsh(641) 4.7 31.69 148.943 Wet Prairie(643) 4.7 54.61 256.667 Roads (814) 0 2.10 0 TOTALS 367.75 2,272.72 37 No habitat restoration is proposed at this time. Thus, 2,272.72 PHUs will be released upon permit approval. The County reserves the right to request additional credit if pasture restoration is undertaken, or alternatively the County may seek outside funding to complete the pasture restoration to native conditions. In the second case no additional panther credit will be requested. Service Area The Service Area for Florida panther will be Collier County (Figure 6). Credit will only be used for County projects. Land Protection On December 17, 2007, Collier County and the CREW Land and Water Trust acquired the Caracara Prairie Preserve. The County's land acquisition program Conservation Collier spent $5,032,000 and the CREW Land and Water Trust spent $300,000 towards the purchase of the property. Collier County and CREW Land and Water Trust share title to the Caracara Prairie Preserve. The property was purchased for conservation, protection, and enhancement of natural resources and for passive and compatible public outdoor recreation. Additionally a conservation easement over the Caracara Prairie Preserve will be granted to the Florida Fish and Wildlife Conservation Commission(FWC)with the Service as a third party to the agreement. Management Collier County will be responsible for: (1)upland, invasive, exotic plant maintenance after initial removal (initial removal was completed on May 31, 2008), (2) external fencing, (3) fire break creation and maintenance, (4) burn plans and prescribed burns, (5) posting, (6) vegetation monitoring, and (7) wildlife monitoring. Collier County's cattle lessee shall maintain any necessary internal fencing required to implement the Prescribed Grazing Plan(Appendix B). FWC will be responsible for all administrative and managerial duties related to public use (i.e., passage of regulation changes, annual publication of area brochure, bag limits) during the periods of allowed hunting. The annual estimated operating costs include maintenance, management, and monitoring costs. Table 3 outlines the costs of major activities through 2018. All dollar figures are estimates and will be reviewed from time to time and increased, if necessary, to ensure that all costs of managing the Preserve will be covered. 38 411 Table 3. Annual operating costs for the period 2014 through 2020 for the Caracara Prairie Preserve. ACTIVITY FY14 FY15 FY16 FY17 FY18 FY19 FY20 Prescribed fire $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Fire break creation $30,000 Mowing $6,000 $6,000 $6,000 $6,000 $2,500 $2,500 $2,500 Exotics $50,000 $50,000 $25,000 $10,000 $2,500 $2,500 $2,500 FWC CE monitoring $1,300 $1,300 $1,300 $1,300 $1,300 $1,300 $1,300 Clerk's fee $7,600 $7,600 $7,600 $7,600 $7,600 $7,600 $7,600 Monitoring $5,000 $5,000 $5,000 $99,900 $69,900 $44,900 $29,900 $23,900 $23,900 $23,900 Management Trust Collier County will establish the Caracara Prairie Preserve Conservation Endowment Fund Trust (the "Trust") for management of the Preserve. A separate endowment fund will be utilized to manage the Caracara Prairie Preserve in perpetuity. The endowment fund will be non-wasting providing for the annual operating cost from the interest only. Based on an average annual cost of$23,900, it is estimated that a fund value of$1,582,800 will be needed. This fund value was determined by dividing the average annual cost by a 1.51% capitalization rate. Collier County will fully fund the endowment fund. Average cost per five years Prescribed fire($5,000/year) $25,000 Mowing ($2,500/year) $12,500 Exotic plant maintenance ($2,500/year) $12,500 Conservation Easement Monitoring ($1,300/year) $ 6,500 Clerk's fee ($7,600/year) $38,000 Monitoring ($5,000/year) $25,000 Five year total $119,500 Average cost per year $23,900 The Trust will be invested consistent with the Investment Policy as set forth in the Resource Recovery Park Compensation Parcel Endowment Fund Trust Agreement between Collier County and the Clerk of the Circuit Court of Collier County. Control of Public Access The public will access the northern boundary of the Caracara Prairie Preserve by way of a trail leading from the CREW Land and Water Trust Cypress Dome Trails - SFWMD Gate 5 (Figure 7). The Cypress Dome Trails will be open from dawn to dusk, and FWC staff will routinely patrol the Caracara Prairie Preserve as part of their regular SFWMD CREW lands patrol. Trails through the Caracara Prairie Preserve follow fire breaks and other existing disturbed areas. "Kissing gates" have been installed at points where cattle-fencing crosses the trail. 39 At public access points, the boundary fence has been marked with signage designating the area as conservation land. Approved activities on the Preserve Oil drilling is allowed within the Caracara Prairie Preserve (Figure 7) (Appendix D). The Mack Oil Corporation constructed a 300 X 200 foot limerock pad to facilitate the drilling of an exploration well. The access road is an existing limerock road running along the northern edge of the property and a grass-covered pasture trail that was stabilized with limerock situated northeast of the well (3,502.8 feet X 10 feet). Wooden bridges were placed over two (2) swales and allowed access for the construction of the limerock pad and exploration well within an improved upland pasture. The bridges were installed over the swales to allow any surface flow to continue. No improvements were made to the existing gravel road. The Mack Oil Corporation will be responsible for consulting with the Service about impacts to caracara. The limerock pad was constructed within uplands designated as improved pasture situated half way between wetlands north and south of the location. A grass berm surrounds the limerock pad. Wetlands begin approximately 100 to 130 feet from the northern and southern perimeter berms. No wetlands were impacted during the construction of the limerock pad. If the exploration well is considered dry, the limerock pad will be restored to the adjacent grade after the well has been plugged and abandoned. The bridges will be removed from the swale crossings, unless Collier County chooses to retain the limerock pad and brdiges. If sufficient minerals are available, additional permitting will be required and a tank battery (100 feet X 100 feet) will need to be constructed in the northwest corner. Access to the production well will occur through the northwestern gate. No wetland impacts are proposed during the construction of the tank battery and access road. The following conditions are included in the State drilling permit Number 1335 for the No. 30-2 Hugh Starnes Caracara Prairie Preserve drilling site: 1. Retain one of the water supply wells for fire protection after the exploratory oil well has been plugged and abandoned. 2. Position propane tank on the limerock pad no closer than 50' from the perimeter berms. 3. Construct two 20' wide flow line crossovers between the western side of the limerock pad and the tank battery(if built) for land management equipment. a. Flow line(s) at the crossovers should be surrounded by approx. 20 feet of casing and capped with limerock. b. Brightly colored metal posts should be erected on each side of the crossover and along the route of the flow line(s). c. Paint flow line(s) a bright color to lower the chances of mowers, service vehicles, and fire equipment from hitting them. 40 0 4. Surround tank battery (if built) with an 8-foot high chain link fence topped with barbed wire. 5. Relocate approximately 40 cabbage palm trees that are currently growing inside the 300 X 200-foot area where the limerock pad is to be constructed to positions north and south of the limerock pad. a. Relocated trees should be spaced 8 to 10 feet apart and arrayed in a cluster. b. Florida Department of Environmental Protection Oil and Gas Section and CREW personnel will be present to assist the contractor with placement of the relocated trees. 6. Surround limerock pad with an 8-foot high chain link fence topped with barbed wire. 7. The limerock pad and tank battery (if built) will be restored to the same level as the surrounding property after the well has been plugged and abandoned. 8. If desirable, Collier County will decide in the future if they want to retain the limerock pad and limerock beneath the tank battery (if built) after the well has been plugged and abandoned. If built, the tank battery pad will be subject to a separate permit through the Florida Department of Environmental Protection Oil and Gas Section. A condition of the permit will be that the oil well operator will bear the future cost of remediation from any spills or contamination that may result from its operations and that the oil well operator will maintain, keep in force and effect, and provide an ongoing Spill Prevention Control and Countermeasures Program or protocol and will comply with all applicable laws and regulations governing its operations. Cattle grazing will be an approved activity on the Preserve (Appendix E). The cattle lessee will graze his cattle in accordance with the Prescribed Grazing Plan(Appendix B). Additionally, the following recreational activities are appropriate and encouraged on the Caracara Prairie Preserve per the CREW Management Area General Management Plan 2006 — 2011 South Florida Water Management District, Land Stewardship Division: Nature Appreciation Nature appreciation includes wildlife viewing, nature photography, natural history study, and plant and wildflower identification. Environmental Education Environmental education is similar to nature appreciation, but involves a structured learning process with facilitators and students. The CREW Land and Water Trust has developed an extensive program in cooperation with the Lee and Collier County School Boards. Students in 41 the Lee and Collier County School Systems and other groups participate in these programs. Guided hikes are also provided to the general public on a regular basis. Hiking Hiking trails have been established that link the Caracara Prairie Preserve to the CREW Land and Water Trust Cypress Dome Trails hiking trail system. These trails provide access to a variety of habitats including hammocks, marshes, and flatwoods. The CREW area is remote, and provides abundant backcountry opportunities. Visitors must be self-reliant. Supervision and visitor services are not provided, and users are advised of these facts at access points. Users are required to pack out their trash. Primitive Camping Primitive camping is currently allowed in other areas of CREW by special use permit, at designated sites. Primitive camping via special use permit would be an allowable activity within the Caracara Prairie Preserve. Hunting Recreational hunting has been a primary use of CREW lands. The Caracara Prairie Preserve has been incorporated into the FWC Corkscrew Marsh Unit Wildlife and Environmental Area (WEA) via an interlocal agreement (Appendix C), and is managed under the same regulations currently in place on the WEA. Recommendations for the next five years include: • Manage the current hunting program as established by FWC rules and regulations. • Employ management hunts as necessary to address specific needs. Management hunts will be scheduled during nonpeak periods when conducted in areas where other types of recreation are the primary activity. • Restrict or halt hunting if panther prey species surveys indicate a decline in panther prey base. • Prohibit the use of vehicles for hunting within the preserve boundaries. • Follow guidelines and regulations established for hunting and other recreational use on the FWC CREW WEA for hunts conducted on the preserve. There will be no exemptions to the permit requirement. Equestrian Use There will be opportunity for special equestrian events during dry periods in coordination with CREW Land and Water Trust. Staging these events will be evaluated individually, as conditions permit. A maximum of two equestrian events will be held per year with a maximum of five 42 0 horses allowed per event. Collier County will consult with the Service prior to the staging of any equestrian events. Vehicular Use No unauthorized public vehicle use including off-road vehicles will be allowed within the Caracara Prairie Preserve. Target Natural Community The pine flatwoods and freshwater marshes within the Caracara Prairie Preserve will be enhanced for wildlife. Under this Habitat Management Plan, the pasture land within the Caracara Prairie Preserve will remain pasture, and will be managed in accordance with the Prescribed Grazing Plan (Appendix B). Any future restoration of the pasture land will be considered separate from this Habitat Management Plan and any PHUs recovered from the Caracara Prairie Preserve. Restoration All management activities occurring within the Caracara Prairie Preserve will be done in accordance with the CREW Management Area Five-Year General Management Plan (SFWMD 2006). Vegetation Initial Invasive Species Removal Collier County will be responsible for invasive, exotic plant maintenance in perpetuity after initial removal (initial removal was completed on May 31, 2008). A Collier County contractor will target Category I and II nonnative plant species as identified on the Exotic Pest Plant Council's biennially updated list of Florida's Most Invasive Species (http://www.fleppc.org/), with the exception of torpedograss. Treatments (basal and/or foliar) will be quarterly for the first 2 years after initial treatment, and twice a year for the 3`d, 4`h, and 51n year after initial treatment. After the first 5 years of maintenance treatments, invasive plants, with the exception of torpedograss,will be basal or foliar treated annually and will not be allowed to make up more than 1 percent cover. Because the pasture land is actively grazed and torpedograss is a good food source for the cattle, torpedograss will only be treated if its coverage expands past its current extent. Time zero monitoring will assess the baseline overall percent cover by torpedo grass in each marsh within the preserve. All pesticide treatments will be consistent with Service-approved pesticide treatments (Appendix F). Initial restoration vegetation management will include the following measures taken from the CREW Management Area Five-Year General Management Plan(SFWMD 2006). 43 5.2.1 Mowing for Wildlife Benefits In CREW, openings may be mowed every two to three years to maintain their structural integrity. Mowing is considered an alternative to prescribed burns when weather conditions or other constraints prohibit fire application. It will be avoided during the spring to protect ground-nesting birds. Mowing can provide similar benefits as grazing and fire by suppressing woody plant growth, and by encouraging grasses and low-growing herbs to produce new growth. Mowing improves brood habitat conditions for wild turkeys (Meleagris gallopavo) by reducing dense understory vegetation in hardwood hammocks, and invasion of woody plants in grassy fields. Mowing benefits rabbits (Sylvilagus floridanus) by providing a supply of growing forage. Smooth cuts are not required when mowing to improve wildlife habitat conditions. Mowing height is also generally not important, although a higher cut in early spring may leave important nesting cover for bobwhite quail (Colinus virginianus). 5.2.2 Exotic/Invasive Plants South Florida's subtropical climate provides an excellent growth environment for the rapid spread of exotic plants that can cause extensive alterations to natural ecosystems. Environmental changes caused by extensive hydroperiod alterations have been an important factor in exotic plant invasion. Exotic plant invasion can result in partial or total displacement of native plants, loss of wildlife habitat, and the degradation of public use areas. Collier County targets Category I and II non-native plant species as identified on the Exotic Pest Plant Council's biennially updated list of Florida's Most Invasive Species (http://www.fleppc.org/). Category I species include non-native plants that invade and disrupt Florida native plant communities. Category II plants have the potential to invade and disrupt natural successional processes. Both Category I and II exotics are considered invasive and a threat to the function and ecological stability of Florida's natural communities. Control efforts were initiated by SFWMD staff, volunteers from Corkscrew Swamp Sanctuary, and the CREW Land and Water Trust from 1990 through 1992 on lands adjoining Caracara Prairie Preserve. Work was concentrated in the flatwoods of Corkscrew Marsh where access was available via public roads. Control work in Flint Pen Strand began in 1994 using contractors. Since 1994, contract work teams spent an average of six months per year in Bird Rookery Swamp, Corkscrew Marsh and Flint Pen Strand. The prominent problem species were melaleuca(Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus tomentosa), cogon grass (Imperata cylindrica), and Old World climbing fern (Lygodium microphyllum). Of significant concern is Old World climbing fern, which persists in spite of consistent treatment since 1994. The District treats and surveys Lygodium infested areas several times a year to control established infestations and locate new ones in the CREW Management Area (MA). Invasive exotic plant control measures at Caracara Prairie Preserve will include a combination of herbicide application, prescribed fire, and physical removal. Selection of control measures will be dependent upon species type, environmental 44 d� factors, and natural communities impacted. Private contractors will conduct exotic plant control activities in cooperation with Collier County. After 5 years of intense maintenance, treatments at Caracara Prairie Preserve will be scheduled so that the entire preserve is covered annually. Areas of treatment will be scheduled based on groundwater conditions, time since last treatment, severity of infestation, public use, and consistency with other management operations. All treatments will follow herbicide Best Management Practices (BMPs) and use the best available science 5.3.2 Prescribed Fire Planning A fire management plan will be developed for each management area within the preserve. Each plan will include a description of location and natural community types, fire history, fire management objectives and constraints, and a burn prescription. Collier County will base all fire management plans on ecological research and professional experience. Fire frequency schedules for each natural community will consider recommendations provided in The Natural Communities of Florida (FNAI 1990). To mimic historic fire conditions, Collier County will emphasize growing or lightning season burns (April-August) where possible,though weather conditions and smoke sensitive areas may make the timing difficult.Natural firebreaks will be utilized where possible to promote historic fire patterns, avoid soil disturbance, and reduce hydrologic flow disruption created by fire lines. Listed species life requirements and welfare will be elements of prescribed fire planning. Application of fire, with appropriately timed herbicide treatments, will be used as a tool for control of invasive plants. To mimic historical fire patterns, Collier County will endeavor to burn during the growing season. Burns will be executed using proven safety measures as defined by the Prescribed Burning Act of 1990, 590.026 Florida Statute. This legislation and associated administrative rules outlines accepted forestry burn practices and is administered through DOF. Collier County will utilize its own employees and will utilize other cooperating agency staff— SFWMD, DOF, Lee County, the CREW Land and Water Trust, and FWC to conduct burns at the preserve. All county staff will complete the state certified burn course to ensure fire safety and burning efficiency. Prescribed fire will be applied within the preserve at appropriate fire intervals for each natural community: Scrubby, Mesic and Wet Flatwoods These natural communities will be burned to maintain an open pineland structure with less than 50% canopy cover. Shrub hardwood densities, especially palmetto and gallberry (Ilex glabra), will be targeted at less than 20% coverage to encourage species diversity in herbs and grasses. Desired fire frequency is three to five year intervals for mesic flatwoods, and three to eight years for wet flatwoods to maintain targeted vegetative cover composition and avoid hazardous fuel accumulation. Depression Marsh Small isolated marshes are dispersed throughout the flatwoods of CREW. Marshes will be burned with flatwoods to maintain open herbaceous ponds 45 ovJ and control woody plants found on the edge of these depressions. The center of depression marshes may require drier conditions to carry fire, and a separate burn. Prescribed fire and mowing will be used to maintain the property in the appropriate successional state for wildlife. Hydrology The County may seek to restore the hydrology at a later date. No changes to drainage will be made to further restore the natural communities. The prairie areas within the site will remain in pasture grasses under this Plan. Any restoration to the prairie that might include changes in hydrology will be considered at a future date and any additional PHUs proposed then. Enhancement No vegetation planting is planned under this Habitat Management Plan. Should unforeseen or changed circumstances occur such as devastating wildfire or flood,vegetation enhancement will be employed to restore the Caracara Prairie Preserve to the appropriate successional state for wildlife, as will be established through vegetation monitoring and habitat type. Success Criteria Restoration and enhancement success will be measured through monitoring — see "Monitoring" section below. If monitoring of the Flatwoods and Freshwater Marsh reveals a vegetation composition inconsistent with the FNAI description, fire,woody vegetation removal, exotic plant removal, or planting (if necessary after possible wildfire) will be enacted. If monitoring of the prairie areas reveals a vegetation composition inconsistent with recommended composition in the attached Prescribed Grazing Plan, cattle rotation,mowing, and burning may be performed. Maintenance There will be no on-site equipment stored on the Caracara Prairie Preserve. If the test oil well is a producer, a tank battery pad will be installed along the western boundary of the preserve. Oil and brine water will be stored on top of a limerock pad inside a bermed area. The tank battery pad will be maintained by the oil company using best management practices. Monitoring Baseline monitoring was completed by a consultant and will be forwarded to Service staff in Vero Beach. Time-zero monitoring was completed within 60 days of the completion of a prescribed fire in December 2011. As with the baseline monitoring report, the time-zero monitoring report will be forwarded to Service staff in Vero Beach. Annual monitoring began 12 months following the time-zero monitoring event and will continue for a total of five years. Annual monitoring reports will be forwarded to Service staff in Vero Beach prior to January 31 46 each year. If, at the end of five years of monitoring, the Preserve has reached success criteria, monitoring will be conducted once every five years to insure that success criteria are met in perpetuity. If success criteria are not met, then annual monitoring will continue until met. A summary of the reporting schedule can be found in Table 4. Table 4. Monitoring and Reporting Schedule Report Monitoring Implemented Delivery Baseline Monitoring Within 60 Days of Approval Upon permit approval Time-Zero Monitoring Within 60 Days of Initial Restoration Upon permit approval Annual Monitoring Year 1 12 Months After Time-Zero Monitoring Upon permit approval Annual Monitoring Year 2 1 Year from Previous Report January 31 Annual Monitoring Year 3 1 Year from Previous Report January 31 Annual Monitoring Year 4 1 Year from Previous Report January 31 Annual Monitoring Year 5 1 Year from Previous Report January 31 Five-Year Monitoring(Year 10) 5 Years from Previous Report January 31 Every 5 years thereafter 5 Years from Previous Report January 31 Vegetation Monitoring: Permanent monitoring transects were established during the time zero monitoring event and are located throughout the site to include a thorough representation of the various habitats onsite. During monitoring events,three vegetative strata will be sampled along each transect and will be representative of habitat types throughout the site. These strata are: overstory [plants>4 inches diameter breast height(DBH)], understory (plants<4 inches DBH and greater than 3 feet in height), and ground cover(all non-woody plants and woody plants less than 3 feet in height). The overstory and understory vegetation will be sampled in 10 square meter plots and the ground cover vegetation sampled in 1 square meter plots along each monitoring transect. Panoramic photographs will be taken at the beginning of each transect to provide physical documentation of the condition and appearance of the property as well as any changes taking place. The panoramic photographs will be included in each monitoring report. For the overstory and understory stratums,the relative canopy closure for each species will be recorded. Average shrub height will be recorded for all species identified in the understory stratum. Percent coverage and average height for all saw palmetto will be recorded for plots located within habitats with saw palmetto. The percent cover of groundcover species and bare ground will be estimated for the herbaceous study plots along the transects. Exotic and nuisance vegetation coverage within the plots will be recorded. Survival rate evaluations will occur throughout the site to include a thorough representation of the various habitats onsite. There will be a maximum of six transects with a total of 23 sample plots (approximately 5 per each transect). Exotic and Nuisance Species Monitoring: In addition to the permanent monitoring transects, existing disturbed areas, such as fence lines, fire breaks, and primitive roads / trails, will be surveyed annually, using the FWC protocol, by vehicle and meandering pedestrian transects to assess the site for the presence and percent 47 S coverage of exotic vegetation species. Following the annual exotic vegetation surveys, an exotic vegetation map will be prepared illustrating the locations of exotic and nuisance vegetation in need of corrective action. The map will be provided to a County exotic plant contractor and SFWMD annually to ensure timely and effective treatment. Wildlife Utilization: Regular and periodic observations of wildlife will be made during all monitoring events and other site visits by qualified ecologists. These will consist of recording evidence and signs of wildlife (i.e., direct sightings, vocalizations, burrows, nests, tracks, droppings, etc.). The number of white tailed deer, feral hog, and panther observations at the site will be recorded during each monitoring event and included in the annual reports. In addition, five permanent wildlife camera trap locations will be identified within the preserve. Surveys will be conducted utilizing five infrared-triggered camera traps that will be sampled bi-annually for 28 days in both June and December. Observations of wildlife documented during monitoring events will be recorded and included in monitoring reports. The primary objective of the camera trap surveys is to document the utilization of the Bank by panther prey species. In addition, the surveys may also provide photographic evidence of large mammals (i.e., panther and/or Florida black bear (Ursus americanus)) utilizing the Bank. The initial survey will document baseline photographic capture rates of panther prey and the subsequent annual monitoring will provide comparative documentation. The sighting methodology is similar to the methods described in Shindle et al. 2008. The cameras will be programmed to operate 24 hours a day with a minimum 20 second delay between photographs. The camera units will be securely fastened to trees with the infrared beam aimed perpendicular to the trail or edge. Each camera will be set 45 to 50 centimeters high at the camera's maximum detection width. Each photograph will document the current date and time. If the camera location results in insufficient data or re-occurring problems, the camera will be relocated to an alternate location. Results will be submitted to the USFWS in conjunction with the vegetation monitoring in the monitoring report. Updated panther radio telemetry data (when available) within a 2-mile radius of the site will be included in the monitoring report to document radio-collared panther activity in the Preserve vicinity over the course of the monitoring period. There will be a maximum of 5 wildlife transects to be monitored for a 5-day period. In addition to the information outlined above, the monitoring report will also include a general overview of the land management activities (i.e. prescribed burns, exotic vegetation maintenance, pasture restoration activities, etc.) conducted since the previous monitoring report and planned maintenance and management activities during the next period. 48 OVJ Caracara Prairie Preserve Habitat Management Plan—LITERATURE CITED Beier P., M. R. Vaughan, M. J. Conroy, and H. Quigley. 2003. An analysis of scientific literature related to the Florida panther. Final report, Project NG01-105, Florida Fish and Wildlife Conservation Commission, Tallahassee,FL. Beier P., M. R. Vaughan, M. J. Conroy, and H. Quigley. 2006. Evaluating scientific inferences about the Florida panther. Journal of Wildlife Management 70(1):236-245. Belden, R. C., W. B. Frankenberger, R. T. McBride, and S. T. Schwikert. 1988. Panther habitat use in southern Florida. Journal of Wildlife Management 52:660-663. Coile,N. C. and M. A. Garland. 2003.Notes on Florida's Endangered and Threatened Plants. Florida Department of Agriculture and Consumer Services,Division of Plant Industry, Gainesville, FL. http://www.doacs.state.fl.us/pi/enpp/botany/images/Notes2003.pdf Collier County. 2007. Collier County Growth Management Plan Future Land Use Element Adopted October, 1997. Collier County Planning Services Department Comprehensive Planning Section,Naples, FL. Comiskey, E. J., L. J. Gross, D. M. Fleming, M. A. Huston, O. L. Bass, Jr.,H. Luh, and Y. Wu. 1994. A spatially-explicit individual-based simulation model for Florida panther and white-tailed deer in the Everglades and Big Cypress landscapes. Pages 494-503 in D. Jordan(ed). Proceedings of the Florida Panther Conference. U.S. Fish and Wildlife Service, Gainesville, FL. Comiskey, E. J., O. L. Bass, Jr., L. J. Gross,R. T. McBride, and R. Salinas. 2002. Panthers and forests in south Florida: an ecological perspective. Conservation Ecology 6:18. Comiskey, E.J., Eller, J.A.C., and D.W. Perkins. 2004. Evaluating Impacts to Florida Panther Habitat: How Porous is the Umbrella? Southeastern Naturalist. 3:51-74. Cox,J., D. Maehr, and J. Larkin. 2006. Florida panther habitat use: A new approach to an old problem. The Journal of Wildlife Management. 70(6):1778-1786. Davis, J. H. 1967. General map of the natural vegetation of Florida. Circular S-178, Institute of Food Agricultural Sciences,Agricultural Experimental Station,University of Florida, Gainesville,FL. Dees, C. S., J. D. Clark, and F. T. Van Manen. 2001. Florida panther habitat use in response to prescribed fire. Journal of Wildlife Management 65:141-147. Florida Natural Areas Inventory and Florida Department of Natural Resources. 1990. Guide to the Natural Communities of Florida. Florida Natural Areas Inventory, Tallahassee, FL., Tallahassee, FL. 49 Gruver, B. J. 2007. Florida's endangered species,threatened species, and species of special concern. Florida Fish and Wildlife Conservation Commission, Tallahassee, FL. http://myfwc.com/imperiledspecies/pdf/Threatened-and-Endangered-Species-2007.pdf Harlow, R. F., and F. K. Jones. 1965. The white-tailed deer in Florida. Florida Game and Fresh Water Fish Commission Technical Bulletin 9, Tallahassee, FL. Janis, M. W., and J. D. Clark. 1999. The effects of recreational deer and hog hunting on the behavior of Florida panthers. Final report to Big Cypress National Preserve,National Park Service, Ochopee,FL. Kautz, R.,R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, and K. Root. 2006. How much is enough? Landscape-scale conservation for the Florida panther. Biological Conservation. 130:118-133. Land, D., R. Kawula, J. Benson, M. Lotz, and D. Onorato. 2008. Florida panther habitat selection analysis of concurrent GPS and VHF Telemetry Data. The Journal of Wildlife Management. 72(3):633-639. Maehr,D. S. 1990. Florida panther movements, social organization, and habitat utilization. Final Performance Report 7502. Florida Game and Fresh Water Fish Commission, Tallahassee, FL. Maehr, D. S. 1992. Florida panther. Pages 176-189 in S.R. Humphrey(ed). Rare and endangered biota of Florida. Volume I: mammals. University Press of Florida, Gainesville,FL. Maehr,D. S., E. D. Land, and J. C. Roof. 1991. Social ecology of Florida panthers.National Geographic Research& Exploration 7:414-431. Miller, K. E. 1993. Habitat use by white-tailed deer in the Everglades: tree islands in a seasonally flooded landscape. M.S. Thesis. University of Florida, Gainesville, FL. Shindle, D.B., , E.D. Land, D. Onorato,M. Wessel, P. Kubilis. 2008. Feasibility of using remote cameras to survey Florida panthers. 2000-2007. Inhouse Report Series IHR 2008-003. Florida Fish and Wildlife Research Institute. South Florida Water Management District [SFWMD]. 2006. CREW Management Area Five- Year General Management Plan(2006—2011). Land Stewardship Division. South Florida Water Management District. West Palm Beach, FL Swainson, K., D. Land, R. Kautz, and R. Kawula. 2005. Use of least cost pathways to identify key highway segments for Florida panther conservation. Pages 191-200 in R.A. Beausoleil and D.A. Martorello, (eds). Proceedings of the Eighth Mountain Lion Workshop, Olympia, WA. 50 U.S. Fish and Wildlife Service [USFWS]. 1999. South Florida Multi-species Recovery Plan. U.S. Fish and Wildlife Service, Regional Office, Atlanta, GA. U.S. Fish and Wildlife Service [USFWS]. 2006. Technical/Agency Draft, Florida Panther Recovery Plan(Puma concolor coryi), Third Revision. U.S.Fish and Wildlife Service.Atlanta, GA. U.S. Fish and Wildlife Service [USFWS]. 2007. Letter to the Army Corps of Engineers on the revised Panther Key. February 2, 2007. South Florida Ecological Services Office, Vero Beach, FL. http://www.fws.gov/verobeach/images/pdflibrary/20070219_Letter_SFESO%20to%20C OE_Panther_Key.pdf Wunderlin, R. P., and B. F. Hansen. 2008. Atlas of Florida Vascular Plants. Institute for Systematic Botany, University of South Florida, Tampa,FL. http://www.plantatlas.usf.edu/ Zahina, J., W. Park Said,R. Grein, and M. Duever. 2007. Pre-development vegetation communities of southern Florida. Technical Publication HESM-02. South Florida Water Management District. West Palm Beach, FL. 51 CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN FIGURES 52 ovj Caracara Prairie Preserve Habitat Management Plan—Figure 1. Aerial Location Map of Caracara Prairie Preserve in Collier County, Florida. {. s t I r 1, ,_ • _... s' i _r�4 .r .Y 7, a' 1 ,--0 .erCounty 1 + t �� Ir i'1llu� lilt ' a ;fi 1.1..`1„17,4a44 , .qr I r I ', 1� r , 1 41*- Cp- 1..:'� a t t t,'1 . '1 it,,,,v--- = C++� _9 t k y ,A, i 1 I 4' ` 10, I- ,.,„' c r 1_ r 1 , t --. t� 1 Iii:I t . O ` , -1 Q r L I "'� -441%'';-, is Ir � Qom" ' i I! I '�C'7 �{� 1 �''1r yid �I r} i11W .r y ,, ,66 (g�' u.,.,ei! ,Ir „ Il �1�1 1 ' .-..'1 I 1 r -ti k I ! +4 ` 110t '�' 'i. , -P ,Iti 4. 6 , - k mo. 1111111'x)1 li i i. 5 91F, i r ..!;-.1411,-,,�i 1,JY .d m 1 ,A.�,''.. th _ I r '� 1 t1 p0 >iik9"+�k �' 1 iI” '1:- 1. 'a' ."--' r� L a '0 �q .gD� 11' {n 'gat 9N lf' ' .+ r t �a ' IIyy HNPA t', �h tt l�wl.e fil�f�jjt �t, l w t, q TF r_d ` t,q a Y l 161 �7 I.. , .. . t�1 I k ..A, , CORKSCREW REGIONAL ECOSYSTEM WATERSHED - , -cq ,1;ii t (' ltiljo.i., litevri., ,,r,„,.._. .„._ _ 1.. . ... „„.„?4,, ...0..4..... ,,...., .. ,,,..,..„. . .` g iy�ygl�r �plhyp ,.,'�' .µ: ^=e'� *F ,'3.x-04 I I �{. '^..,.....„:„...,.. 1. .5,..., Irr _... ii ... , ... ..,....,J.,7,,I 1eIs11"11 �r1, s { �Cir nc "� : �' a _ ,, I,,;t-.12,_._,s _ �{ ��. `r%':' 'cs�.F Li a ,�,4 .J t' y , 0 1 , 1.11 ' ,, 4r . 1 ; �; 0 0.i ,... J _;.,_. -a 1 . L'.' a ' ,-. v`d -'., , Lam. .. x i'�t +' ;*`k.�'yc ��r^r���t ,W 1 �. .. `:r� ra .. �, S 1�+' y .%.elf i 1 CORKSCREW SWAMP SANCTUARY 2 ` G ':, - $ :1 '':.1:,,.f. .<:,-:,.- .-. - 1 4,-,. c g 1� !F.::•;;',-;':,,,..:4 i.' ) I cr ry c - i 4 0 Frl1 i�1�1 d d `r1 y14 {'i' ,T 9 e�eJ 1l 'f I 'W - — 0 1 , 2 Miles N I I t I Legend ,+F Data Source:2005 Aerials&Parcels-Collier County Property Appraiser s Caracara Prairie Preserve Conservation Lands-Florida Natural Areas Inventory Created by:CDES/Environmental Services!CS G:\Conservatlon Cdlier\ICSRI4th CycletStamest.mod and jpg Conservation Land Date:5-1-08 CS 53 �. Caracara Prairie Preserve Habitat Management Plan-Figure 2. Archeological sites nearby the Caracara Prairie Preserve. )....,.,. -,- ..._-- .,„,_- — — -L.._ -A, -,a- . - ,,., --.- - 4.... - .., :14 -Ai.- AL_I, -- ,th..-- WI- _- -, ___ I t"-• ', 1 -JAL,. mL. ., .. • - '1:Z — - ...L. 4., -4L-i ...L. \ ...V.- - 4, .L.111.- Ai-L- - ^ _,L ., - - • -41: AL.- - a Ia..- - - , - 01,. ----1., ' ...I.-. •••••• al.- - _4- • •••.... - -.-_- • Alt- ...-- -.... - , ) 4,,,_...„. itz____ it iTh ..-.1 .- '1? / . .. . - -,-..".!.......0...... ,—,..:_. -* ...-I ■ ...1 ,. 1 t' ..A.: •••'' - -- .1,._ v ., -L- r.,L:- - -.. I ' 2,k.' ' • ' ' 'j'-'''' . ---•-‘. . ',I:4'''- .--17 •-. -Vif . ' - ... i ? ,,, ,.,u.. .., • 1,------- 1 ...... .—. •_,- -.......... ..._._,., , . . . awn .. • / .,... t--,„ / -1 r.,..• ..1.... AL. ..- , i . , ...,.. , • .,.. I _= p. ..r ? ., 1 ..I „.• „( '."." _ 1 ....,:.! 9 , i"i '•,-..c____..._, _i ,..._ -4,- •. 'L. I 1 Al. " tiE AP. •4,- e.,. , 2- -4.... -, i _A--...........f■--t- ••••• , L. '..t.... -. — 1. I \,..... '. ". -<_._ - 411.- ,r_ ., .1 . , - - -- - --"'"'''-fr.- - '•-• ..1r- ,"•*".... _ ,..amr• . L__ _ _4. _./...- -4.4... --- i li-__ „ -..' k, r ......11- • --uu_. _ ..,.. . . ....L.L.. A J. !... j3 .6, •-- , , .--..\-:\•--- I.flo .ao.. -=. -t- ‘-.:::,..., ....4.. ....u:,— .-...k, Ad...-. .1 -. -.km- . '. .11.... ...„, -41'...' - ,1 _d ,.., - .....,.!. 7.1 'II: - :_ 4,, _ .0' -.Se-. — ....14- . - • ‘,.. -.1 4114-- 4.- . • ....0.- - .--.. ....I Tr Liu. -0......... _41... _.i.... ..-- ...1 L,. .1.- ,-- I • 4.- — -41' ..e=- ...A.- Si 412.. .-.. ., /. ....., .....- -t4d, ...,,,,, y,_-"--.', • ...a.a.- .; _.... • \ .,. ....' ."-: ..,,_ ,41.-_ .._.t.-- - .. ,,:-. ::—" ---4'16—..."--.:L.-.4"'- ..e.,.._ --. - -41E- -- _ _ I.... • ., — ...t.i...L.... ,,,,,„_ •••••• -.3.1.- a: _ a.... - ..1.,- ..V.-. -4.4 _ . I 1 .....d.. '. ---- .7 I.,.. _ -.Li. ...4..... ....... ..,. .,... ,.,,, i I ...... .• I i. A r• -4". — ..,....6- .....k.,. - ,.... - V• - -.41L-- .4...... . _ ...?_, ---,, -..,,,,. -,1 _...de.. ____- •-. -__---. 6.■•-- ; -..' - ...: '..... .ILL- -••• =- 1-. 4 -.) ., . ''' J 41,..- ,........-- t .. . _.4, -. — _ -.,h- .1-4..- ---&.- "°•' --', ..- _thie• P.2 - • .. ---- _4,2 ........._. _ .31 • ___ -41 -.14re -"'yyli: .'"-• . b - ---'4 •.. ., .. x .41.- ....... _ ._, '.11 '- ' c?-••'-'• - .111 _..,.._ _ 1 . ,,, ,.., ,. ,• I , Ai-- -.11A- -- ,......--..k .,±._ _ _ -•' 0 ........• •, - , 1 "--. , ...a.......... •y _,.. j• ...., .......- ,...‘- CD .... ... - - LI.161- C•I'd 1:4 _ N .„. 4...., -1,-.- '.• - 7.,.::g" ,,, -'-t: Legend , ... ,.... 1 -,- . CA _ ...It. ., .....- • - -••. W F •• ..:■ 14 , tle ._.__ Caracara Prairie Preserve -1 ., --- - -: r - . Cdffrer County - Archaeological Sites S _ . — Data Source:USGS Topo map;FL Div.of Historical Resources Created by:Conservation Collier\M.Hennig G:\Conseivation Collier\Land Mngnt\Stames\PHUIAgreements \Arch sites map.mxd and.jpg Date:Aug.2008 54 Caracara Prairie Preserve Habitat Management Plan—Figure 3. Panther zones and least-cost pathways in relationship to the Caracara Prairie Preserve. Cher County o cc U O J O g Gt 0 1 21.1 le, . x4- 2 co I I I 40 w irk p ., �R R0 ; , I n is z z ANGELA RD - >SANCTUARY RD 3 ct z a z 0 ii. O IMMOKALEE RD O O 72ND AVE NE � � 70TH AVE NE z PLATT RD 68TH AVE NE 1,- lift - WILD TURKEY DR 66TH AVE NE F ri. 64TH AVE NE r, 62ND AVE NE rr 60TH AVE NE 60TH AVE NE Gtr illik58TH AVE NE 58TH AVE NE 90 56TH AVE NE 54TH AVE NE w w w w p 52ND AVE NE z z z z Data Source:Panther Zones and least C.- = r- t-1- Created by CDES 1 Environmental Serv'.;" 50TH AVE NE Co Cl)co m G.Von • CdtaUCSRkrth Cycle ',F.,Au:r;E =o=_ 47TH AVE NE 47TH AVE NE I-z 1-~ Legend - Panther-least cost pathways Primary North Area Caracara Prairie Preserve Secondary I Thatcher .:.;W:;,--4x4 Dispersal 55 v Caracara Prairie Preserve Habitat Management Plan—Figure 4. Soil map of the Caracara Prairie Preserve. ,i line' ii i.i LI i i'` 1 1 . 1.4 • d` 't „R�_ 7,1 • 3T q2 . :;: "r .4, `: - :ire:. ¢ ...4, 0 250 600 f.000 Feet 1 I 1..._ 1 r �, r :-'` Legend 1 , . 2? y Caracara Prairie .`1.- .. Preserve Non-hydric d .,4, - Hyriric Data tienrce:314;,`i Atria s..Pa rts154 dter couriy vrop erty kti. •.er 5NWIRC,'tE8D%la SFWMD „ � L {''ir7 C't}Jtlrt CrpMMd try;C(:Fr J smkanrrial�l SgrAc I C9 {,F y 4.1-C;snswaton CcbetUCZ.INVlf1 C}xls' es3r'soOSt mKd aid in if Caracara Prairie Preserve Habitat Management Plan—Figure 5. Land Cover on the Caracara Prairie Preserve. r i 7il 't 423 500;',. ::', r-' ;. * ' sL. 10 � _ .213 - 5&'A 'd,00:Act)-(0 G5 '' '' :4A(g3 ;. 0 A • 4Z.At.±) (5 3 .;r ,) N , �— M (0.11 Ac.±) 211 . ; ..t .,,� .i 211 6 (4.96 Ac. ,•. 641 (9"77 AC -) --, (14 27 AC ±) E i b! AC: '� 643 213 �( 641 58 AC' ) (4.72 AC.± 0.23 AC. ) 42 ,,�,.. boo 641 :9.6° Ac +i - --- b43 ,.-(8 97 AC ±).'. '"215 643 �,{1.89 AC.±) 64. � • �'� (8 ,.3 ^c (1.00 Ac.±) 643 631 + 211 ,814' 200 AC.+) (5.92 AC...±.) 425 ■,� - 1 • • 2 8C Ac ? Wit• I 641 -e ( .( (2.04 AC +-) t �- 641 It t I.2i AC._1��,' 643 .t 3*F ,i-j' a 5e Ac '_ ..�`'7(. 82 Ac.±) R i (1.24 Ac.+ .,f r EF° \64f \ (0.48 :=': t) 2 b49 (2 15 Ac ' -- 1 AC'_ J/ 713, (924 Ai: + _• - G43'. (27 29 Ac. ±` FLUCFCS 211 - fQ.7.T AC. ) CODE COMMUNITY TOTAL 2 (41.48 Ac ±) I - • . / . 150 Industrial 1.58±Ac - , -_ 211 Improved Pastures 87.21*Ac { / 1 / 213 Woodland Pastures 93.28*Ac ' 641 l!` , f 411 Pine Flatwoods 44.98*Ac (f 35 A�;.+) i- ,� 1 423 Oak-Pine-Cabbage Palm 49.29*Ac 423" r R` ,v 500 Water 1.01±Ac ''...,_..2.. 7 ±R,----- r > +' 631 Wetland Shrub 2.00*Ac ;-"1 . 641 Freshwater Marsh 31.69*Ac ti : _/�- \ + 643 Wet Prairies 54.61*Ac• 8 r 1 6 3 X17, _ 135.29 Ac _) 814 Roads 2.10*Ac i ' • , ('+.H e rte'- / $ t -. r Total 367.751 AD 41 50G AC {f. . / III; ,� (0 0$�: ') - \*, , -2 643 ' - ---- ( • (6 ?I AL k) Iv 641 ab +Ac ) 641 • WETLANDS (3.76 / �� ,. • (I.?.0 Ac ±) (88.301 Ac.) �l _ 643 / OTHER SURFACE �: ^�� 641 -- 1 ` (,2 0' AC i) j// WATERS(I.Olt Ac.) III 11 (2 73 Ac +) ,. 641 1 ` - t ; - • NOTES 39 AC. FLUCFCS LINES ESTIMATED FROM `tt om 7: 1.Y } 1'.200'AERIAL PHOTOGRAPHS AND 'q t i a` �"V'� ` +'• r (3.19 6 I LOCATIONS APPROXIMATED.• f ( _ !R 4Ay 1 t. •' � Ar :i - FLUCFCS PER FLORIDA LAND USE, ry ! ' \ ,r HY T• 4i 4 AI�'. r , COVER AND FORMS CLASSIFICATION•ggy •" 4i1 v -� r- \ SYSTEM(FLUCFCS)(FDOT 1999). 5 'SC '��,., ::.-10:-:-.-..-..A.1„;,,-- "; _ A 643 C ` (9 69 AC•k L° d • i 2 / ^. 2, PROPERTY BOUNDARY WAS ACQUIRED FROM COLLIER COUNTY PROPERTY - I !�T +) APRAISSER'3 PARCEL LAYER. i , \ V � y AERIAL PHOTOGRAPHS WERE ACQUIRED 1l,, \(? 641 THROUGH COLLIER COUNTY PROPERTY ,(V6J AC t) ' 1!. I.(- 4{"±) DATE AFLIGHT DATE OF JANUARY,2012. Drawn By Date: III Boylan Caracara Preserve Environmental Job Number Consultants,Inc. 2012-6 •" FLUCFCS Map with Aerial Photograph EXhibit Holes('A V WWI,Fumy,EeYnmaWF®ny. S!T/R County Iw wAnaw•iw au IIIXXI M.EO Parkway,Sun I,FI.Myu,,FL 33966(239)41B-0671 -- Collier ✓/ 1. ti...; 'F Caracara Prairie Preserve Habitat Management Plan—Figure 6. Service area for Caracara Prairie Preserve. \\\J t'S;,.'ft / ..:(tt,„=,/-*\,, / \ \ ii 1 ''''''...!'7-' N, . ..______7 .,., Nc vt""<1-111 -F A s '-' .1 74.1.1"..... ...- -,.. ,: i r i Caracara Prairie Preserve C Location Collier County L (r;li Florida 1 Y� * Caracara Prairie Preserve r }.-i iq 0 25 50 Miles C ° 3 I I I Data Source:2005 Aerials&Parcels-Collier County Property Appraiser .. -� C f r County Land Cover-George Poole NRCS field survey �. Created by:Conservation Collier •e.\ yy�.. +6 ` `'z� G:\Conservation Collier\land managemenristarnes i d° `2 'r�`' . .. - \PIiU documents\Agreements\Backup\Loc.map.mod ,, i \,`' Date:&24-09 h 58 0 Caracara Prairie Preserve Habitat Management Plan—Figure 7. Oil drilling operations and public access on the Caracara Prairie Preserve. iI 1• ■ SFWMD Gate 1-1..„'r, _ ';•; ; � '1 r'.''-'',C ■ ■ J -, ' iy, ,-4::;:s— i r * 3 s>-c.. f. , ,4 x . S • �',, a, ,Y 4 'i v t •z, Js ^m� G hL 4 i .Y I 4 a�dys ,•y '•1t f-,-;,...‘ ' ii tLg:• ;' :;,:.'i.;,1,-;", -,• 9 5 P.1.'�'�!\ ;;' t•Ay �'i. to a a ra+'_ ,_... ! i• !» 0a 4 §A r r ° ,t,....,'411, R4 t •• t ,f"1 .tt'r• s a i .., fr k'. egen ci" . "' Caracara Prairie Preserve ? r ) Limerock Drilling Pad �a1 ,,,,,,;';',1' j :j -'aa °a' i '''-',1,,'P II 'ill#ligf 1I t}1,111 ;/,': .. u IV' 10, Possible Tank Battery Pad �� Trails Possible r J�' f .A�.. '•';,ILa 1 t It ar k=x^£ r.s. ,, CREW i T pedestrian s ,. limerock road is 0 500 1,000 Feet I I I N ! W f0_E Data Source:2009Aeriels&Parcein-Cdlier County Property Appraiser KW I e� �V�- �� G:1Conservatlon CollierinmpstAequired properties\Sternas Caracara Prime Pre 'red Aerial s Date:Sept.25,2009 59 CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN APPENDICES 60 ; Caracara Prairie Preserve Habitat Management Plan— Appendix A. State Historic Preservation Officer letter. i This record search is for informational purposes only and does NOT constitute a STOPproject review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 350.245-0333 for project review information. September 15,2008 Florida Master Ms.MelissaHennie, Site ZIA Principal Environmental Specialist File Conservation Collier Program 3301 Tamiami Trail East Naples,Florida 34112 DearMs.Hennig: In responseto y our inquiry of August 11,2008,the Florida Master Site File lists one previously recorded archaeological site the following arcel o f Collier County: Township 46 South,Range 28 East,Section30 When interpreting the results of our search,please consider the following information: • This search area may contain unrecorded archaeological sites,historical structures or other resources even if previously surveyed for cultural resources. • Because vandalism and looting are common at Flo rida sites,we a skthatyou limit the distribution of to cation information on archaeologic al sites. • While many of our records document historically significant resources,the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant. • Federal,State and local laws require formal environmental review for most projects. This searchDOES NOT constitute such a review.If your project falls under these laws,you should contact the Compliance and Review Section of the Division offistoricalResources a t 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Kind Regards, Lindsay Hafford Historical Data Analyst Florida Master Site File lbhafford`ado s.state.fl.us ::00..Soxth Eranau€h ' Tallahassee,FL 32399-0250 • - ti Q&;3.:3 S50-245-6440 ph 550-245-6439 fax I SiteFile idos.state.fl.us 61 ON H Y U y O H N C4 w N{�.� r�, V• r O W 61 N 11 • 4 N Al N AµN V U U 0m ryl.1 m [I 9 O•'a N W•• C4 m 1 N m H •.O N V O w UN O M P o o " W " 111 ...Ia • m H v� MM U F+ G ~1 h H °1 63 ..a 62 ,, Caracara Prairie Preserve Habitat Management Plan— Appendix B. Prescribed Grazing Plan Prescribed Grazing Plan Prepared for Collier County Starne Lease Property In Collier County, Florida In cooperation with South Florida Water Management District, Collier Soil& Water Conservation District And United States Department of Agriculture Natural Resources Conservation Service 63 Table of Contents: 1. Definition 2. Purpose 3. General Description 4. Objectives 5. Livestock Forage Inventory 6. Livestock Forage Inventory Map 7. Annual Grazing Schedule 8. Plan Map/Proposed plan map 9. Recommended Grazing Heights 10. Recommendations For Grazing Buffer Areas 11. Operations and Maintenance 12. Contingency Management Plan 64 1. Definition: Prescribed grazing is a controlled harvest of vegetation with grazing and browsing animals. Prescribed grazing will be used on lands where grazing animals are managed. Prescribed grazing will be used in conjunction with Nutrient Management, Pest Management, and/or other practices needed to meet the resource concerns and the landowner's objectives. 2. Purpose: This practice will be applied as part of a conservation management system to accomplish the following objectives: • Maintain a stable and desired plant community, improve or maintain the health and vigor of selected plants. • Maintain or improve animal health and productivity. • Maintain or improve water quality. Note: This plan will be reviewed yearly by the owner/operator. If the number of livestock (10%or more)or the forage condition changes the plan may need to be revised. 3. General Description: The project area is located within the boundaries of CREW WEA which is located in Collier County. The property is currently managed as a cow/calf operation. The project area is currently using a continuous grazing system. The principal forage species in the pastures is Bahia grass (Paspalum notatum),which have been planted for improved pasture. Other plant communities include South Florida Flatwoods, Brush areas and Freshwater Marshes. The pasture areas are currently managed as a cow/calf operation. The pastures in their current condition and capable of producing enough forage to support 53 animal units (AUs). The system in its present condition can support an average of 49 cows,with an average weight of 1000 lbs., and 3 bulls, with an average weight of 1350 lbs with a suggested 20:1 Cow/Bull ratio. One animal unit(AU) is one mature cow of approximately 1,000 pounds and a calf up to weaning, usually six(6)months of age, or their equivalent. To estimate animal units for Heifers and Bulls use the following AU values. Table 1: Animal Unit Equivalent Guide Species Average Animal Unit ----Forage Consumed(pounds)---- Weight Equivalent (pounds) (AUE) day month year Cow,dry 950 0.92 24 727 8,730 Cow with calf 1,000 1.00 26 790 9,490 Bull,mature 1,500 1.35 35 1,067 12,811 Cattle, 1 year old 600 0.60 15.6 474 5,694 Cattle,2 year old 800 0.80 20.8 632 7,592_ Deer,white-tailed,mature 150 0.15 3.9 118 1,423 4. Objectives: The landowner's objectives are to operate a productive cow/calf operation and minimize impacts to the resources. The objectives of a prescribed grazing plan are to improve or 65 maintain an optimum level of quality of forages to ensure livestock health,profitability, and protect the resources. 5. Livestock Forage Inventory: Livestock Forage Inventories are estimates of available forage in each pasture. These estimates are then used to project stocking rates and feed requirements annually. The following Livestock Forage Inventory was evaluated at the time of the development of this plan. Forage availability will vary due to climatic conditions and management of grazing system. The forage inventory should be evaluated on a regular basis to ensure proper forage requirements of the livestock are met. The main forage is Bahia grass. Smut grass and other undesirable species cover at least 30- 40% of the plant composition, with Bahia production 60-70 %. The Rangeland areas were not studied in detail. Some of the Rangelands plants are listed in section 9. These plants are good indicators to help you manage the grazing periods. The inventory of the project area identified the following conditions or concerns: — The project area encompasses approximately 369 acres. — The sustainable annual carrying capacity of the project area is estimated at approximately 53 Animal Units (AU) in the existing conditions. The carrying capacity of the site is expected to change with the implementation of the land management practices such as brush management. These changes may significantly increase or decrease the amount of forage produced. — Overall vegetative conditions and plant species indicate that the project area is stocked at or above the sustainable carrying capacity. . — Noxious and invasive weeds including Brazilian Pepper-Tree(Schinus terebinthifolius), Primrose Willow(Ludwigia peruviana), and Tropical Soda Apple (Solanum viarum) were observed on the Starve Lease Property. An aggressive weed control program is needed to maintain wildlife habitat values. — Shrub densities on upland areas are above levels expected for the site. Shrub density is expected to increase and reduce habitat values unless changes to the prescribed burning and brush management plan are implemented. — The increased shrub density is reducing habitat values for several ground nesting birds on several Flatwoods and Freshwater Marsh sites. — Livestock nutritional supplements are not well distributed. This reduces the potential for livestock to be well dispersed across the landscape. Consequently,remote areas of the grazing units will receive little or no grazing pressure until areas in close proximity to the supplement feeders have been heavily grazed. The Prescribed Grazing Plan contains 10 items which should be implemented annually in order to achieve the desired results. 1. Rotational Grazing should be applied to maintain and improve the health and vigor of the plant community. 66 2. Proper Grazing Use will be applied to all grazed areas to regulate the amount of herbage removed by grazing animals. During the growing season,the degree of use of native vegetation will be limited to 50%(by weight) of the current year's growth. 3. Stubble heights will be used to guide grazing management decisions. 4. Nesting Period—The rotational grazing system should be managed to provide an undisturbed nesting period for ground nesting species at least once every 4 years. Livestock should be removed from the grazing unit for a period 4 to 6 weeks in length during the period between February 1 and June 30. 5. Deferment periods should be provided following all mechanical and/or chemical brush management activities. This will allow desirable plants to recover from the stress or damage caused by the treatment. The length of the deferment periods will be at least 90 consecutive days during the period of June 1 through October 1. 6. Supplemental feed will be provided to livestock during periods when forage quality and quantity is low. 7. Weed prevention and control-All planting material,hay and other supplemental feed will be free of noxious or invasive weed seed. An aggressive pest management plan has already been implemented to combat encroachment of invasive-exotic species. 8. Feeding Area Management-All hay and supplemental feed provided to domestic livestock will be fed on upland areas at least 100 feet away from wetlands, streams, ditches, and ponds. Supplement feeders will be well dispersed across the landscape. Supplemental feeding locations will be moved at least once every 30 days. 9. Portable feeders will be used to provide protein, mineral, and other supplements to livestock. These feeders will be moved as needed to improve livestock distribution and prevent undesirable effects on the landscape. 10. Plan Review—Annual reviews should be scheduled with the local Natural Resources Conservation Service (NRCS) office, South Florida Water Management District- Crew WEA and Collier County Environmental department to ensure the plan meets the goals and objectives of the property and those of the livestock owner. Plant Communities Descriptions Pasture—Main forage is Bahia Grass. Most pastures are in fair to good condition. Bahia pastures contain Smut Grass, Dog fennel, Wax Myrtle and other weedy undesirable species. Plant composition transects shows an average of 60-70 % Bahia and 30-40%Weedy/undesirable. Suggested stocking rate is 3-5 AUM/Acre (2.4-4.5 Ac/AU). South Florida Flatwoods—These are areas mainly composed of Saw Palmetto, Pine, Runner Oak Wax Myrtle, Broomsedge Bluestem, Chalky Bluestem, Forbs, Sedges and Little Blue Maidencane and Chalky Bluestem are desired and also good indicators of site condition( See section 9). Most flatwoods on the ranch are in fair condition. Brush control and prescribed burning are tools that will help improve 67 these flatwoods. Suggested stocking rate is 14-25 Ac./AU. Freshwater Marsh/ Slough—Wet areas with mainly wetland plants. Flooded for most of the Wet Season and are considered very important habitat for many wildlife species. Most wetlands on the ranch are in fair to good condition. Plant compostion includes, Maidencane, West Indian Marsh grass, Torpedo grass, Pickerel weed, Primrose Willow, Sedges, Smart Weed,hydrocotile and Others. The suggested stocking rate is 3-13 Ac./AU Forage Inventory DATE: 8/2008 Technician: George Poole FIELD Plant Community ACRES AUM AC/AU AU Field 1 Bahia 213 2.1 37.2 Field 1 FWM 77 7 11.0 Field 1 Brush 43 15 2.8 Field 1 SFF 37 22 1.7 369.4 TOTAL AU 53 Definitions AUM=Animal Unit Month,the amount of forage needed to support one(1)animal unit for one(1) month. By definition an AUM is equivalent to 780 lbs. of forage. Ac/AU=Acres per Animal Unit,an abbreviation used to describe the number of acres needed to support one(1)Animal Unit(AU)for 12 months. AU=Animal Unit=One(1)animal unit(AU) is equivalent to one(1)mature cow of approximately 1,000 pounds and a calf up to weaning,usually six(6)months of age, or their equivalent.To estimate animal units for various kinds and classes of animals refer Table 1 6. Livestock Forage Inventory Map: 68 Collier Co. Starne Lease • y . -v' f t yw ��*� X 3 4�� w X1 7'`5tt' ' '',.'..'"-",°' 'X r Ii, 1 s !L: r 1 La. . Legend Brush Improved Pasture �`� ;ti Mesic Flatwoods Project boundary Freshwater marsh 69 7. Annual Grazing Schedule: Annual Grazing Schedules are designed to account for variations in the amount and growth of forage due to changes in climatic conditions. The following schedule should be used as a guide only. . Suggested Annual Grazing Schedule Cooperator: Collier County Technician George Poole Date: Field Acres AU Jan Feb Mar I Apr I May Jun Jul Aug Sep Oct Nov Dec 1 369 53 53 53 53 53 53 53 53 53 53 53 53 53 Total AU 53 Supplements: XO XO XO I 0 I I I XO I XO I XO X= Protein 0 = Mineral Suggested Breeding Season Use as a guide only Important: base grazing periods on the forage plants required on the required stubble heights as shown in Section 9. Environmental conditions such as soil moisture. temperature. foraae aualitv. ect. will be considered by the manaaer when 70 41) 8. Plan Map-Continuous Grazing System with existing fence locations. Collier Co. Starne Lease Property y__ } _ .._• 1. - ._. __ t - l__ may l' .. Y -/'� •! t ■ 7- -± i, a. }.ice-,x . , ` .xr' , -■ !:{ . ,• ;� '? vim° 9i$-;1--'.'".� - 1......-.•• 1 , b ; ¢. ai1 ` ,., = x, ,. t ' 'tit I�.:, r I•Y w "^a r• !i i . r`� 1 F I! ..5 ` pn �c" „ c } 4 Legend N • 1,1wIi c rvS • Gates Existing Fences Project boundary 71 r'Z'0 8a. Proposed Plan Map- 3 pasture rotation system u......._ A -- -- i ,._.y —a—•...,,ti - t . t f r. 1 1 ?rJ,LriV-bttc rA ly_i'r i i i j 1 ; i i I Field 2 Field 1 i 1 t i ) ,i . i i ��e 1 i —..._.___ t t 8 r". i j la t 1 Field 3 l a. 72 liii 9. Recommended Grazing Heights and Length of Grazing Periods: Grazing animals can rapidly and substantially alter the productivity and amount of forage in each pasture because of grazing preferences and animal distribution. Overgrazing adversely affects wildlife habitat,plant growth,water, soil conservation, and plant persistence. Animals prefer improved pasture forages like the one listed below and avoid plants that are coarse and hard to digest. During the late spring, summer and early fall cattle tend graze upland areas and avoid grazing in wetlands such as sloughs and marshes if adequate forage is available. However, limited availability of forage plants on upland areas may induce more grazing of the wetland plants in some seasons, and could result in overgrazing. Under-grazing results in forage waste, reduced quality, and reduced tiller development. Therefore, the number of animals on a specific area must be balanced with available forage to achieve the goals and objectives for this site. This will require monitoring of the forage availability on a regular basis and adjusting the stock density as needed to maintain a unique balance of desirable forage and important wetland vegetation. The following table lists common forages found in South Florida along with recommended heights to maintain healthy stands of forage: FORAGE TYPE Min.Ht. To Begin Grazing Min. Grazing Ht. Bahia grass 6" 2" Limpo grass 12" 4" Pangola Digitgrass 8" 6" Maidencane (FWM) 12" 6-8" Chalky bluestem(Rangeland) 12" 6-8" Grazing heights for native forage plants is dependent upon the species and the time of year the plant is grazed. For Native Grasses, remove no more that 50% (by weight) of the plant in any grazing event This will provide proper use of the forage while maintaining sufficient plant material to,provide wildlife habitat,protect the soil resource, and maintain the health of the plant community. Grazing periods should be kept relatively short to prevent the plants from being grazed before they have the opportunity to recover from the last grazing event. This will depend on the size of the herd and the area to be grazed. Use the forage heights shown in the previous table to determine the length of the grazing periods. Rest Periods should be provided between grazing events to all the plants to recovery from the effects of grazing. The recovery periods should be long enough to allow the forages to reach the Minimum Height to Begin Grazing. Because the rest periods are based on the growth rate of the plants the length of the rest period will vary. The recommended recovery periods are shown in the following table: 73 c p Resting Periods Based on Forage Growth Rate Forage Type Forage Growth Rate Fast Moderate Dormant (June l-Sept 1) (Mar 1-June 1 (Nov 1- Mar 1) Sept 1 —Nov 1) Bahiagrass 14-28 days 28-35 days 35-60 days or more Limpograss 14-21 days 28-35 days 35-60 days or more Pangolagrass 7-21 days 21-28 days 28-60 days or more Maidencane 28-35 days 35-45 days 45-60 days or more Chalky bluestem 28-35 days 35-45 days 45-60 days or more 10. Adjustments to the Grazing System: Adjustments in the grazing management system will be necessary during and after management activities, such as planting,prescribed burning or pest management. The adjustments will provide a suitable period for the vegetation to recover from the management activity or as dictated by pesticide label restrictions. A deferment from grazing means the complete removal of all domestic animals for the duration of the deferment. If buffer areas are developed around specific wetlands or other areas within the Ranch during the restoration process, livestock grazing may be permitted during dry periods of the year. This will help to utilize available forages within the buffer and control woody vegetation. Stocking rates should be adjusted to assure that grazing is complete within one week. The minimum grazing heights listed in Section 9 for corresponding grasses shall not be exceeded. When prescribed burning is applied, grazing shall be deferred as follows: Improved pasture areas 30-60 days during the growing season(Marl-Octl) Flatwoods 30-90 days during the growing season(Marl-Octl) Fresh Water Marsh and Slough 30-90 days during the growing season(Marl-Octl) Areas that have been disturbed and planted to native vegetation shall be deferred from grazing for a minimum of 1 complete growing season following planting or until the grass is well established and produces seed. Native grass plantings generally require 2 complete growing seasons to become well established. The deferment shall continue until a NRCS Rangeland or Grazing Land Specialist has provided approval. Temporary fences may be used to protect small areas during the deferment period. 74 �,P Areas that have been mechanically treated and/or planted,will be provided a deferment period to allow herbaceous plants to recover. The deferment will be minimum of 90 consecutive days during the period of March 1 to December 1,unless only spot control was applied. If herbicides used to control common weeds and invasive species the grazing management will be adjusted to meet the requirements (if any) listed on the herbicide label. Cattle will not be allowed to re-enter the area for the duration shown on the herbicide label. 11. Operation and Maintenance: The location of mineral and supplement feeders will be moved routinely to evenly distribute grazing animals throughout the pasture. The herd will be rotated to a fresh pasture when the average stubble height falls below the recommended minimum grazing height(See Section 9). When possible,the grazing period should be 14 days or less and the pastures allowed a recovery period of 21 days or until the forage reaches the recommended height to begin grazing(See Section 9). 12. Contingency Management Plan: Forage supplies will be evaluated weekly to determine if forage supplies and quality are adequate to meet livestock demand. When the forage is not adequate,the grazing system will be adjusted or supplemental feed will be supplied. When prolonged periods of adverse climatic condition effect the supply of forage,the grazing system and/or stocking rates will be adjusted or additional supplemental feed will be provided. 75 ,,o Caracara Prairie Preserve Habitat Management Plan— Appendix C. FWC Interlocal Agreement FWC Contract No,1 1071 COOPERATIVE AGREENIENV7' 1 1 11 BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION This Agreement is entered into on 14 tt_ 1 , 20/4, between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, 3335 Tamiami Trail, East, Suite 101, Naples, Florida 34112, hereafter called COUNTY, THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, 620 South Meridian Street. 'Tallahassee, Florida 32399- 1600.hereafter called COMMISSION. WITNESSETH THAT: WHEREAS, the COUNTY is a political subdivision created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes to include entering into contracts with public agencies,private corporations or other persons; and WHEREAS, the COUNTY, its successors and assigns. hold title to an undivided ninety- four point four (94.4%) percent interest to 367.7 acres of land, known as the Caracara Prairie Preserve, and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated (TRUST) holds title to an undivided five point six (5.6%) percent interest to the Carucara Prairie Preserve;and WHEREAS, the COMMISSION is the state entity responsible for protecting and managing Florida's wildlife and aquatic life;and WHEREAS. this Agreement is authorized by Chapter 163, Florida Statutes which allows the parties to make the most efficient use of their governmental powers;and WHEREAS, any land management activities implemented for the natural communities identified at the Caracara Prairie Preserve will be the responsibility of the COUNTY, as set forth in the Interlocal Agreement between the COUNTY and the TRUST(Exhibit"A");and WHEREAS. the COUNTY desires to provide recreational opportunities, including opportunities for hunting,to the public on Caracara Prairie Preserve;and WHEREAS, the COUNTY deems it necessary, appropriate, and in the public interest to authorize the COMMISSION to incorporate the Cascara Prairie Preserve into the Corkscrew Marsh Unit of the Corkscrew Regional Ecosystem Watershed Wildlife and Environmental Area (CREW WEA). in accordance with the provisions of Chapter 68A, Florida Administrative Code; and WHEREAS. the COMMISSION currently manages the Corkscrew Marsh Unit of the CREW WEA for the purpose of recreational hunting;and 76 WHEREAS, the COMMISSION will publish and distribute a pamphlet, example is attached hereto as Exhibit `B", a similar pamphlet will be published regularly setting forth the regulations and dates on which hunting will be allowed at the CREW WEA, as well as a map of the area; and NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the COUNTY agrees to allow the COMMISSION to manage the Caracara Prairie Preserve subject to the following terms and conditions: 1. DESCRIPTION OF PREMISES. The Caracara Prairie Preserve subject to this Agreement is situated in the County of Collier, State of Florida and is described in Exhibit "C" attached hereto. 2. TERM OF THE AGREEMENT. It is understood and agreed that the relation established by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be effective on the date of execution by both parties and shall remain in effect unless otherwise terminated by either party. 3. TERMINATION. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least sixty (60) days prior to the termination date specified in the notice. However, if such notice is given after February 15,the termination date shall be April 30 of the following calendar year. 4. PURPOSE. The COMMISSION shall manage the Caracara Prairie Preserve only for the conservation and protection of natural and historical resources and resource based public outdoor recreation which is compatible with the conservation and protection of these public lands, as set forth in Collier County Ordinance No. 2007-65 (Exhibit "D"), along with other authorized uses necessary for the accomplishment of this purpose as designated in the Habitat Management Plan approved by the COUNTY. 5. QUIET ENJOYMENT AND RIGHT OF USE. The COMMISSION shall have the right of ingress and egress to, from and upon the Caracara Prairie Preserve for all purposes necessary to the full quiet enjoyment by said COMMISSION of the rights conveyed herein. 6. CONSIDERATIONS. The COMMISSION shall be responsible for all administrative and managerial duties related to public use (i.e., passage of regulation changes, annual publication of area brochure, bag limits) during the periods of allowed hunting. The COMMISSION shall provide law enforcement patrol periodically throughout the year. 7. AUTHORIZED USES. Authorized uses for the purposes of this Agreement shall be defined as those management activities that the COMMISSION is authorized to perform under this Agreement and the approved Habitat Management Plan. The authorized uses shall be consistent with statutory requirements that the Caracara Prairie Preserve be managed and maintained in an environmentally acceptable manner to restore and protect its natural state and condition, including permitting of compatible recreational use. The authorized uses shall at 1 minimum, always include essential site management measures including security, policing, resource protection,public access and recreational use, and habitat management. 8. UNAUTHORIZED USES. The COMMISSION shall, through their agents and employees, prevent the unauthorized use of the Caracara Prairie Preserve or any use thereof not in conformance with this Agreement. 9. INSURANCE REQUIREMENTS. The COUNTY shall be responsible for any improvements or structures located on the Caracara Prairie Preserve. This protection shall be afforded through the purchase of a Real and Personal Property Insurance Policy or through Self Insurance, as the COUNTY deems appropriate. 10. PLACEMENT AND REMOVAL OF IMPROVEMENTS. The COMMISSION shall obtain prior written approval from the COUNTY before constructing or locating any structures on the Caracara Prairie Preserve. No trees shall be removed or major land alterations done without the prior written approval of the COUNTY. All permanent structures shall remain the sole and exclusive property of the COUNTY. Temporary structures constructed or located on the Caracara Prairie Preserve by the COMMISSION shall remain the property of the COMMISSION. 11. ARCHAEOLOGICAL AND HISTORICAL SITES. Execution of this Agreement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on the Caracara Prairie Preserve is prohibited unless prior authorization has been obtained from the Department of the State, Division of Historical Resources. The Habitat Management Plan shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the Caracara Prairie Preserve. The COUNTY will notify the Division of Historical Resources immediately if evidence is found to suggest that any archaeological or historic resources may exist. 12. PERMITS. The COUNTY shall be responsible for securing all local, State and Federal permits required for management actions under this agreement. 13. HUNTING. Hunting shall be approved and regulated through the COMMISSION. No hunting shall be allowed on the Caracara Prairie Preserve prior to the effective date of this Agreement. The Caracara Prairie Preserve shall be incorporated into the existing Corkscrew Marsh Unit of the CREW WEA. All hunting regulations, monitoring, and enforcement activities associated with the Corkscrew Marsh Unit of the CREW WEA shall also apply to the Caracara Prairie Preserve. 14. SIGNAGE. The COMMISSION shall legally post appropriate signage along the perimeter of the Caracara Prairie Preserve. 15. MODIFICATION OF AGREEMENT. No waiver or modification of this Agreement shall be valid unless in writing and lawfully executed by all parties. It is the intention of the 78 C.�� COMMISSION and the COUNTY that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding or litigation between and among the parties arising out of or affecting this Agreement unless such waiver or modification is in writing and executed as aforesaid. 16. RELATIONSHIP OF PARTIES. It is understood that an employer-employee relationship does not exist between the COMMISSION and the COUNTY and neither of the parties shall be responsible for providing Workers' Compensation Insurance and withholding services for the other party or its employees. Each of the parties stipulates that they are not aware of any conflict of interest prohibiting them from entering into this Agreement. 17. OTHER AGREEMENTS. This Agreement contains the complete agreement between the COMMISSION and the COUNTY. Each party acknowledges reliance on its own judgment in entering into this Agreement. The COMMISSION and the COUNTY further acknowledge that any representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in their dealings with the other party in entering into this Agreement. 18. PUBLIC RECORDS. The COMMISSION and the COUNTY shall abide by the provisions of Chapter 119, Florida Statutes, allowing public access to all documents, papers, letters, or other material as applicable. 19. NOTICES. Any and all notices shall be delivered to the parties at the following addresses (or such changed address or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: FOR THE COUNTY: FOR THE COMMISSION: Melissa Hennig Mike Brooks Collier County Board of County Commissioners Florida Fish and Wildlife Conservation Conservation Collier Program Commission 3335 Tamiami Trail, East, Suite 101 620 South Meridian Street Naples,FL 34112 Tallahassee, FL 32399-1600 Tel. 239-252-2957 Tel. 850-617-9583 melissahennig @colliergov.net mike.brooksamyfwc.com 20. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public records in accordance with the laws applicable to the parties. 21. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However nothing herein shall constitute a waiver by either party of sovereign immunity or statutory limitations on liability. 79 22. STATE REQUIRED CLAUSES. a. Non-discrimination. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a supplier, sub or consultant under a contract with any public entity; and may not transact business with any public entity. c. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, supplier, sub, consultant or by any other manner under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. d. Legislative appropriation. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 23. NON-ASSIGNMENT. This Agreement and may not be assigned in whole or in part without the written approval of all parties. Any such assignment or attempted assignment shall be null and void. 24. SEVERABILITY AND CHOICE OF VENUE. This Agreement shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 25. NO THIRD PARTY RIGHTS. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. 80 ��° 26. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement; including but not limited to any claim of quantum meruit. 27. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order 96-236, the Commission shall consider the employment by the County of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the County knowingly employs unauthorized aliens. 28. ENTIRE AGREEMENT; AMENDMENT. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. This Agreement may be amended by mutual written agreement of the parties. The remainder of this page intentionally left blank 81 C��� FWC Contract No.11071 1 H IN WITNESS WHEREOF,the parties hereto have caused this Memorandum of Agreement to be executed through their duly authorized signatories on the day and year last below written. Each party is signing this agreement on the date stated below that party's signature. The latest date of signing shall be inserted in the first sentence of the first page and shall he deemed the effective date of this Agreement. BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE OF COLLIER COUNTY.FLORIDA CON'SERVATI•• COMMISSION Ai /lr fr ft Fred W. Coyle.CHAIRMAN Crest.REDA Executiv ctor for designee) Date: /t L Date: /[44114a4ipey j C49/2.-- _-- EST w`lv� C-"CX Approved as to form and legality: Approved as to form and legal Commission Attorney sufficiency " "r.t JJ M FE. 3, Wei ti-L. STATE Or FLORIDA Attachments and Exhibits in this Contract include the following: Exhibit A Intcrlocal Agreement between Collier County and the Corkscrew Regional Ecosystem Watershed Land and Water Trust Exhibit B CREW Wildlife and Environmental Area Brochure Pamphlet Exhibit C Caracara Prairie Preserve Property Legal Description Exhibit D Collier County Ordinance No. 2007-65 A 'Ti_ST! S� t `ati• ` D go Clink mils I I 14 ti 4 tia. /y�ic#d9 1 t]�1! �ItX�i1M ,$ sI aaw ' Pried 7 82 FWC Interlocal Agreement - EXHIBIT I \ - INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST CARACARA PRAIRIE PRESERVE This Agreement is entered upon this 134" day of t�1� 201h by COLLIER COUNTY, a political subdivision of the State of Flori a, its successors and assigns. (hereinafter referred to as "COUNTY"), whose address is 3299 Tamiami Trail East, Naples, FL 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non-profit corporation, (hereinafter referred to as"TRUST"), whose address is 23998 Corkscrew Road, Estero, FL 33928. WITNESSETH WHEREAS, the COUNTY owns an undivided ninety-four point four (94.4%) percent interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically described in Exhibit "A"attached hereto and incorporated herein by reference("Property"); and WHEREAS, the TRUST owns an undivided five point six (5.6%) percent interest of the Property;and WHEREAS, the COUNTY is required to manage the Property in perpetuity, as set forth in Collier County Ordinance No.02-63,as amended. NOW, THEREFORE, for good and valuable consideration, the COUNTY and the TRUST hereby mutually agree: 1. That the TRUST authorizes the COUNTY to unconditionally use its undivided five point six (5.6%) percent interest of the Property for the purposes of restoration and management for the benefit of present and future generations. 2. That the TRUST authorizes the COUNTY to enter into agreements with other governmental agencies in order to implement management activities outlined in the Caracara Prairie Preserve Habitat Management Plan. 3. That all the terms herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs,successors,and assigns. 4. That CREW has no liability or responsibility for the management of the Property. 5, That CREW will not benefit in any way from the Property, nor assume the responsibility for funding management of the Property. 83 IN WITNESS WHEREOF,the COUNTY has hereunto set its unauthorized hand and seal as of this date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BRQc15.,CLERK OF COLLIER COUNTY,FLORIDA ec. y: R`fell • +e ; FRED W. COYLE,CHAI AN Atiiit Approval for`t►irhld�legal Sufficiency: Jennifer B. White Assistant County Attorney AS TO CREW: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, DATED: ' 1511 INCORPORATED, a Florida nonprofit corporation WITNESSES:(S _n`t 4e) (Printed Name ,fit/ gftial\ �� : s BYE / __.�_ _s.�����,. ill Hammond,Chairman (Signature) (Printed e _. S -phen A. Walker,Esq. Approved as to form and legal sufficiency: 84 CREW Interlocal Agreement-EXHIBIT A PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. 85 �, FWC Interlocal Agreement—Exhibit B CV o.) a co "1 1 cat -c ' f6 c O � v Q yri `i o o N N = N o c k l � w �, _ ! y _ ' O �y 3 �_ d N N E O C M .,s +-' O E f6 \ a j ++ O 0 R 7 N $'"fir: rYp°p Py +'l C i - w .O O E 7 ,� - N E W „ J rll4 St 1 LL p c°i CO W U) O �� r 22 ate+ -o N CO ■ ci Cr O - \ . to 4 C� W \ l` pJfE WSS� K =. = 1 , ; b z° u Cii) = a) 0 U CC a -', 1!b0 •COMSE, This brochure is designed to provide the public with information and a Permit applications: Hunters must submit electronic applications for quota summary of regulations pertaining to hunting and other recreational use on and special-opportunity permits through the Commission's Total Licensing the CREW Wildlife and Environmental Area.Regulations that are new or System(TLS).Worksheets listing hunts,application periods,deadlines and differ substantially from last year are shown in bold prink Area users instructions are available at county tax collector's offices, FWC offices or should familiarize themselves with all regulations.For exact wording of the MvFWC.com.Quota application periods occur throughout the year beginning wildlife laws and regulations,see the Florida Fish and Wildlife Conservation April 1;please refer to the hunting handbook or MyFWC.com for specific Commission's wildlife code,on file with the Secretary of State and state dates.Worksheets will be available about 2 weeks prior to each application libraries.This brochure,the Florida Hunting Regulations handbook and quota period. permit worksheets should provide the information necessary for you to plan your hunting activities. These publications are available from any Guest hunters: For each non-transferable archery, muzzleloading gun, Commission office,county tax collector and at MyFWC.com. general gun, wild hog, spring turkey and mobility-impaired quota permit issued through the Commission's TLS, only one guest permit may be Persons using wildlife and environmental areas are required to have obtained.The following persons may be a guest hunter,but are not required appropriate licenses,permits and stamps.The following persons are exempt to obtain a guest permit:a youth under 16 years of age,a youth supervisor,a from all license and permit requirements (except for quota permits when mentor license holder or a mentor license supervisor.A quota permit holder listed as"no exemptions,"recreational use permits,antlerless deer permits (host)may only bring 1 guest hunter at a time.The following persons are not and the Migratory Bird Hunting and Conservation Stamp [federal duck considered to be guest hunters:other quota permit holders,non-hunters and stamp]): Florida residents who are 65 years of age or older,residents who exempt hunters(on areas and during seasons that allow exemptions). The possess a Florida Resident Disabled Person Hunting and Fishing Certificate; host must share the bag limit with the guest and the host is responsible for residents in the U.S.Armed Forces,not stationed in Florida,while home on violations that exceed the bag limit.The guest and host must enter and exit leave for 30 days or less,upon submission of orders;and children under 16 the area together and must share a street-legal vehicle while hunting on the years of age.Children under 16 years of age are exempt from the federal area.The guest may only hunt while the host is on the area.A person is only duck stamp.Anyone born on or after June 1, 1975 and 16 years of age or eligible for one guest permit per hunt.Guest permits may only be obtained older must have passed a Commission-approved hunter-safety course prior to from license agents or county tax collector's offices.Guest permits may be being issued a hunting license, except the Hunter Safety Mentoring obtained up to and during the last day of the hunt.Refer to the quota hunt exemption allows anyone to purchase a hunting license and hunt under the worksheets for additional information. supervision of a licensed hunter,21 years of age or older,for one year. Youth and mentor license holders:A youth hunter(less than 16 years of age) Licenses and permits may be purchased from county tax collectors,license must be supervised by a person at least 18 years of age.A mentor license agents, at MyFWC.com/license or by telephone at 1-888-486-8356.A no- holder must be supervised by a licensed hunter at least 21 years of age. cost Migratory Bird Permit is available when purchasing a hunting license. Unless exempt,only those supervisors with proper licenses and permits may Any waterfowl hunter 16 years of age or older must possess a federal duck hunt. If the supervisor is hunting during any hunt(not including special- stamp;available where hunting licenses are sold,at most post offices or at opportunity)for which quota permits are issued,at least one person in the duckstamp.com. party must be in possession of a quota permit. During a hunt that allows exemptions,a non-exempt supervisor of a youth must have a quota permit to QUOTA PERMIT INFORMATION: hunt.A non-hunting supervisor is allowed to accompany a youth or mentor Archery- 25 (Corkscrew Marsh Unit),30 (Flint Pen Strand/westem Bird license holder during any hunt(including special-opportunity). Rookery Swamp Units),no-cost,quota permits(no exemptions). Muzzleloadinn Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Transfer of permits:Quota and guest permits are not transferable.Except for Strand/westem Bird Rookery Swamp Units), no-cost, quota permits (no youth under 16 years of age, a positive form of identification is required exemptions). when using a non-transferable permit. The sale or purchase of any quota General Gun-25(Corkscrew Marsh Unit),30(Flint Pen Strand/westem Bird permit or guest permit is prohibited. Rookery Swamp Units),no-cost,quota permits(no exemptions). Spring Turkey-5(Corkscrew Marsh Unit),5(Flint Pen Strand/western Bird Rookery Swamp Units),no-cost,quota permits(no exemptions)for each of 2 hunts. 86 ',..:�: GENERAL AREA REGULATIONS: HUNTERS AND CHECK STATIONS: All general laws and regulations relating to wildlife and fish shall apply unless 1. Hunting equipment and dogs may be taken onto the WEA after 8 a.m.the specifically exempted for this area.Hunting or the taking of wildlife or fish on day before the opening of a season and shall be removed by 6 p.m.one this area shall be allowed only during the open seasons and in accordance with day after the end of the season. the following regulations: 2. Hunters shall enter and exit the area at a designated entrance, except I. Any person hunting deer or accompanying another person hunting deer hunters entering or exiting the Corkscrew Marsh Unit shall use Gates 5 or shall wear at least 500 square inches of daylight fluorescent-orange 6. material as an outer garment,above the waistline.These provisions are 3. Hunters shall check in and out at a designated check station when entering not required when hunting with a bow and arrow during archery season. and exiting the area and check all game taken. 2. Taking of spotted fawn,swimming deer or roosted turkey is prohibited. 4. No deer or turkey shall be dismembered until checked at a check station. Species legal to hunt are listed under each season. 3. It is illegal to hunt over bait or place any bait or other food for wildlife on GUNS: this area. 1. Hunting east of or within'h-mile of the western North/South Tram Road 4. Driving a metal object into any tree,or hunting from a tree into which a and south of Bonita Beach Road in the Bird Rookery Swamp Unit is metal object has been driven,is prohibited. prohibited. 5. No person shall cut,damage or remove any natural,man-made or cultural 2. Hunting with centerfire or rimfire rifles is prohibited. resource without written authorization of the landowner or primary land 3. All firearms shall be securely encased and in a vehicle,vessel,camper or manager. tent,during periods when they are not a legal method of take.Persons in 6. Taking or attempting to take any game with the aid of live decoys, possession of a valid Concealed Weapon or Firearm License may carry recorded game calls or sounds,set guns,artificial light,net,trap,snare, concealed handguns. drug or poison is prohibited. Recorded calls and sounds can be used to 4. Target practice is prohibited. hunt forbearers,wild hog and crows. 5. Hunting with a gun and light is prohibited. 7. The wanton and willful waste of wildlife is prohibited. 6. Muzzleloading guns used for taking deer must be.40 caliber or larger,if 8. Hunting, fishing or trapping is prohibited on any portion of the area firing a single bullet,or be 20 gauge or larger if firing two or more balls. posted as closed to those activities. 7. Children under the age of 16 may not be in possession of a firearm unless 9. People,dogs,vehicles and other recreational equipment are prohibited in in the presence of a supervising adult. areas posted as"Closed to Public Access"by FWC administrative action. 8. No person shall have a gun under control while under the influence of 10. Taking or herding wildlife from any motorized vehicle,aircraft or boat alcohol or drugs. which is under power is prohibited,until power and movement from that 9. For hunting non-migratory game, only shotguns, pistols, bows, power,has ceased. crossbows,muzzleloading guns or falconry may be used.Hunting during 11. Most game may be hunted from'/hour before sunrise until 1/2 hour after the spring turkey season with firearms other than shotguns or using a sunset(see exceptions under each season). shotsize larger than#2 is prohibited. 12. The release of any animal is prohibited,without written authorization of 10. For hunting migratory game,only shotguns,bow or falconry may be used. the landowner or primary land manager. Shotguns shall not be larger than 10 gauge and shall be incapable of 13. The head and evidence of sex may not be removed from the carcass of holding more than three shells in the magazine and chamber combined. any deer or turkey on the area. 11. Firearms using rimfire or non-expanding,full metal jacket(military ball) 14. The planting or introduction of any non-native plant is prohibited,without ammunition are prohibited for taking deer. written authorization of the landowner or primary land manager. 12. Fully automatic or silencer-equipped firearms,centerfire semi-automatic 15. Wild hog may not be transported alive. rifles having a magazine capable of holding more than five rounds, 16. Littering is prohibited. explosive or drug-injecting devices and set guns are prohibited. 17. Fires other than campfires at approved campsites are prohibited 18. A Fish and Wildlife Conservation Commission Law Enforcement Officer DOGS: may search any camp,vehicle or boat,in accordance with law. 1. Hunting with dogs is prohibited,except bird dogs or retrievers may be 19. Planting of trees,shrubs or other vegetation is prohibited without written used during general gun and small game seasons. authorization from the landowner or the Commission. 2. Dogs on leashes may be used for trailing wounded game. 3. For purposes other than hunting,dogs are allowed,but must be kept under PUBLIC ACCESS AND VEHICLES: physical restraint at all times. 1. Open to public access year round from 2 hours before sunrise until 2 hours after sunset,unless camping at a designated campsite. CAMPING: 2. All persons shall enter and exit the area at a designated entrance. 1. Camping is allowed only at designated sites by persons with written 3. The use of ATVs, swamp buggies, tracked vehicles, vessels (except authorization from the South Florida Water Management District(239- canoes or kayaks) or unlicensed and unregistered motorcycles is 657-2253)or by individuals participating in the hunt. prohibited, except swamp buggies may be operated by individuals 2. Camping equipment may be taken onto the area after 8 a.m. the day participating in the hunt before the opening of a season and shall be removed by 6 p.m. one day 4. Vehicles may be operated only on named or numbered roads designated after the end of the season. for vehicles. 3. No persons shall bring building materials onto the area or erect permanent 5. During archery, muzzleloading gun, general gun and spring turkey or semi-permanent structures. seasons and beginning at 8 a.m. the day prior to the opening of each season,vehicles may also be operated on named or numbered trails by BAG AND POSSESSION LIMITS: During quota hunts,host hunter and individuals participating in the hunt. guest must share all bag and possession limits. 6. Parked vehicles may not obstruct a road,gate or firelane. 1. Deer-Flint Pen Strand/western Bird Rookery Swamp Units: 1 per quota 7. No motor vehicle shall be operated on any part of any wildlife and permit environmental area that has been designated as closed to vehicular traffic. 2. Wild hog-No size or bag limit. 8. The use or possession of horses is prohibited,except by special-use permit 3. Turkey-1 per spring turkey quota permit Daily limit 1,season limit 2. from the South Florida Water Management District.No horse permits will 4. Gray squirrel,quail and rabbit-Daily limit 12,possession limit 24 for be issued during hunting seasons. each. 5. Raccoon,opossum,armadillo,beaver,coyote,skunk and nutria-No bag limits. 6. Bobcat and otter-Prohibited. 7. Migratory birds-See Migratory Bird Hunting Regulations pamphlet. 87 r ARCHERY SEASON: MIGRATORY BIRD SEASONS: August 6-14. Rail, common moorhen, mourning dove, white-winged dove, snipe, duck, Permit, Stamp and License Requirements - Quota permit, hunting license, geese, coot, woodcock and crow may be hunted during seasons management area permit,archery permit,deer permit(if hunting deer)and established by the Commission for these species that coincide with the migratory bird permit(if hunting migratory birds). archery,muzzleloading gun,general gun or small game seasons. Legal to Hunt-Deer with at least one antler 5 inches or more in length,wild Permit.Stamp and License Requirements-Quota permit(if hunting during a hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, quota period),hunting license,management area permit,migratory bird coyote,skunk,nutria and migratory birds in season. permit, and state waterfowl permit and federal duck stamp (if hunting Regulations Unique to Archery Season-In addition to these regulations,all waterfowl). General Area Regulations shall apply. Legal to Hunt-See Migratory Bird Hunting Regulations pamphlet 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. Regulations Unique to Migratory Bird Seasons - In addition to these 2. Hunting with firearms or crossbows(except by disabled crossbow permit) regulations,all General Area Regulations and Migratory Bird Regulations is prohibited, except that centerfire shotguns are allowed for hunting shall apply. migratory birds when one or more species are legal to hunt(see Migratory I. Hunting duck,geese and coot with lead shot is prohibited. Bird section and the current Migratory Bird Hunting Regulations 2. Centerfire shotguns are allowed for hunting during established area pamphlet). seasons when one or more migratory birds are legal to hunt MUZZLELOADING GUN SEASON: FISHING AND FROGGING: September 3-5. Allowed year round 2 hours before sunrise until 2 hours after sunset. Permit. Stamp and License Requirements - Quota permit, hunting license, Permit.Stamp and License Requirements-Fishing license(not required when management area permit, muzzleloading gun permit, deer permit (if frogging). hunting deer)and migratory bird permit(if hunting migratory birds). Legal to Take-See Florida Freshwater Fishing Regulations Summary. Legal to Hunt-Deer with at least one antler 5 inches or more in length,wild Regulations Unique to Fishing and Frogging-All General Area Regulations hog, gray squirrel, quail, rabbit, raccoon,opossum, armadillo, beaver, and General Freshwater Fishing Regulations shall apply.Shooting frogs is coyote,skunk,nutria and migratory birds in season. allowed only during the listed open hunting seasons and only with the Regulations Unique to Muzzleloadintz Gun Season - In addition to these legal methods of take during each particular season. regulations,all General Area Regulations shall apply. 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. GENERAL INFORMATION: 2. Hunting with archery equipment or firearms,other than muzzleloading 1. Information for persons with disabilities can be found at guns,is prohibited,except that centerfire shotguns are allowed for hunting MyFWC.com/ADA. migratory birds when one or more species are legal to hunt(see Migratory 2. If you have any questions about this material,please call the Fish and Bird section and the current Migratory Bird Hunting Regulations Wildlife Conservation Commission at 561-625-5122 (TDD 800-955- pamphlet). 8771). GENERAL GUN SEASON: SOUTH FLORIDA WMD INFORMATION: November 19-27. This land was acquired under the Save Our Rivers(SOR)Program.The Permit. Stamp and License Requirements - Quota permit, hunting license, purpose of SOR is to conserve and protect unique and irreplaceable lands, management area permit,deer permit(if hunting deer)and migratory bird restore areas to their original condition as much as possible and allow permit(if hunting migratory birds). controlled multiple recreational and educational uses consistent with this Legal to Hunt-Deer with at least one antler 5 inches or more in length,wild purpose. hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote,skunk,nutria and migratory birds in season. COOPERATION REQUESTED: Regulations Unique to General Gun Season-In addition to these regulations, If you see law violators or suspicious activities, contact your nearest all General Area Regulations shall apply. Commission regional office or call 1-888-404-FWCC. You may qua!fy for a 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. cash reward from the Wildlife Alert Reward Association. 2. Hunting with bird dogs or retrievers is allowed. The U.S.Department of the Interior prohibits discrimination on the basis 3. Hunting with centerfire or rim fire rifles is prohibited. of race, color,national origin,age,sex or handicap.If you believe that you have been discriminated against in any program, activity or facility as SMALL GAME SEASON: described above, or if you desire further information,please write to: The December 3 through January 1. Office for Human Resources,U.S Fish and Wildlife Service,Department of the Permit,Stamp and License Requirements-Hunting license,management area Interior, Washington,D.C.20240.The project described in this publication is permit, migratory bird permit (if hunting migratory birds), and state part of a program funded by federal dollars under the Wildlife Restoration Act waterfowl permit and federal duck stamp(if hunting waterfowl). Federal frmrds pay 20 percent of the cost of the program. Legal to Hunt - Gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,coyote,skunk nutria and migratory birds in season. When you spot law violators or suspicious activities, Regulations Unique to Small Game Season-In addition to these regulations, all General Area Regulations shall apply. contact your nearest Commission regional office or 1. Hunting with bird dogs and retrievers is allowed. call 2. Hunting with centerfire and rimfire rifles is prohibited. TRAPPING:Prohibited. 1-888-404-F!'!'`_' CC SPRING TURKEY SEASON: You may qualify for a cash reward from the March 3-6 and 7-11. Permit, Stamu and License Requirements - Quota permit, hunting license, Wildlife Alert Reward Association. management area permit and wild turkey permit. Legal to Hunt-Bearded turkey or gobbler. Regulations Unique to Spring Turkey Season-In addition to these regulations, all General Area Regulations shall apply. 1. Legal shooting hours are'4 hour before sunrise until 1 p.m. 2. Hunting other animals is prohibited. 3. Hunting with firearms other than shotguns or using a shot size larger than#2 is prohibited. 88 , i t rTi t co 1 I. , • I = _ - I .g.. d-7 AD --=-- z cn • tl-t \ -• -- -• \ ea -• tl RI ....._ , - ._,, ...... \ v, I , __,.... ts..) \ 1 > L..) \ 1 8- - 0 ,....., -. I ON I fl) 1 I I co i ) I 2 •. A I r) I MIN'AININI ..'"' 1 =. . —11 , --- ... ....11■11., r 2.1.:INNI --, ',I - I 0 0 ns.... rumw.. / _ ea IF' ■Ii■ol— , "11111111111111111 -I p n P2,ornun'.Pas, '" Z M (% r P ■ -,,atmmor-- AD. I 71 7-"'- lilieri/r ' ‘-'4' or 4i, CAM*Lin.:12 1 I= - rir ------------- , = 0 ■ -., .. 1r, :,-, Ei... 1 6, ci. te, ri., r) ...e•krt,\ .. t—..4.• "" ,,, z •--.,-.. 1 0 (-1 0 ,0 z imi, ,„ .410 •4 ,., P — *. _ a; < or■ — 7 1,T,' •V t 1 t ■ it i X -1. ' 5:1 r" ---** ,-, . , F 0 .:.. ,..,.,I. 2 a z , z . >, - 4 ■ ,...c) Ca cil = = = el CT 00 g 4 Ts t• ., .-. VI .., ....10L .1■I'"' "C.2 0 =t Zi. *,--e C.) cn fa ea cei :„.7.] •-.4 rl Z • AL AL .4 1 '01.' ,....A1., 1 ---..-1 1 _ ! —I 1 c.) — X Cri $.A.■ - 1- - _ ..., - 1 I = . nFi = ng E5 , 7- Ni 4. (1"4 r n ....... - .4 -. •u. i r:—" - — --1 0, El( E..t a , ... g V. Dr .-• . 2 rr i a X X • 0 i a r 1 ■■-"' -- ,1 EA C I CO 1 SN V • s.: / _4. CARACARA ■ 4•44 Sirtt‘ R , it ON - • ' . A•* ** ‘ I PRAIRIE .... 91 I 1 - i X , -- PRESERVE •1 ,t,.- t, Bn ° Y5-13' W 5 Y. 9 __,.. 3 s z.. \* ......„, _..., .) 0 77 / C'd• • / 9- ea / L511 / 89 C ,....,;< FWC Interlocal Agreement—Exhibit C PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. WPBDOCS 7788298 8 13456 ,a FWC Interlocal Agreement—Exhibit D 10' 71:07 44 fC a l ORDINANCE NO.2007- 65 rZ2LZOV AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH FSTAHLISIIED THE CONSERVATION COLLIER PROGRAM,BY REVISING SECTION SIX: CREATION OF THE CONSERVATION COWER ACQUISITION FUND; SECTION EIGHT: LAND ACQUISITION ADVISORY _ COMMITTEE; SECTION TEN: CRITERIA FOR EVALUATING LANDS FOR ACQUISITION AND i •. , , MANAGFMFNT; SECTION ELEVEN: ACQUISITION LIST; SECTION TWELVE: NOMINATION OF V.! . ;- ACQUISITION PROPOSALS AND CANDIDATE SITES; = SECTION THIRTEEN: PROCEDURE FOR SELECTION r OF ACQUISITION PROPOSALS FOR PLACEMENT ON r:..'; THE ACTIVE ACQUISITION LIST AND SUBSEQUENT —• PURCHASE PROCEDURES; SECTION FOURTEEN: -'`.; MANAGEMENT PLANS AND USE OF ENVIRONMENTALLY SENSITIVE LANDS; SECTION FIFTEEN: RESPONSIBILITIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERAAILITY;PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has studied various methods for the acquisition of environmentally sensitive land for conservation,preservation and urban green space;and WHEREAS, Collier County has Home Rule Powers established by the Florida State Legislature pursuant to Florida Srarures,Chapter 125 and has the power to carry on government to the extent not inconsistent with general law;and WHEREAS,Collier County desires to provide a mechanism to equitably deal with the implementation of the Community Character Plan, the Comprehensive Growth Management Plan,which recommend acquisition of environmentally sensitive lands;and lb':IERl AS,on Tuesday,14ovember 5,2002,the electorate of Collier County authorized the County to levy a 0.25 mill ad valorem property tax for a period not to exceed 10(ten)years, for acquisition, protection, restoration, and management of environmentally sensitive lands in Collier County for the benefit of present and future generations;and WHEREAS, Collier County's significant natural resources, productive estuaries and wetlands, remarkable hiodiversity,and unique subtropical habitats harboring many species of rare and endangered flare and fauna merit the mast protection any county's citizens'could offer; and WHEREAS,it is the intent of the Board of County Commissioners of Collier County to establish Conservation Collier to implement this mandate and to support its purposes to the fullest,limiting all uses of,and all investment earnings on,such levies to such purposes:and WHEREAS,the Collier County Board of County Commissioners recognizes the need far the creation of an advisory board to advise the County and the public in the implementation of the program and the selection of project sites for acquisition;and t.nderline added.striliilire,r400 kitailcd, 91 140 WHEREAS,the Collier County Board of County Convnissioners,in recognition of the fact that the proposed environmentally sensitive lands arc to he purchased in whole or in part throuith a special ad valorem assessment, hereby recognize the rights of our citizens to have reasonable public access and for all our citizens to partake and enjoy various outdoor activities in a reasonable and environmentally friendly manner on lands purchased with these funds;and WHEREAS.the Board of County Conunissioners will ensure that Conservation Collier is a willing participant program and shall utilize nnly methods of voluntary acquisition; NOW, 111ERLFORE, HE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA.that SEC LION I:Name: This ordinance shall be known as Conservation Collier Implementation Ordinance. SECTION 2: Objectives: Conservation Collier is therefore hereby established to acquire, preserve, restore, and maintain vital and significant threatened natural lands, tress, upland and wetland communities located in Collier County,for the benefit of present and future generations. SECTION 3—}'indino: I. The foregoing recitals are true and correct and incorporated herein by reference. 2, All ad valorem funds generated hereby shall he collected by the Collier County Tax Collector. 3, The County Manager,or his or her designee,shall administer this program in accordance with the procedures and criteria provided for herein. SECTION 4—Portrvst,and Intent: 1. To acquire, protect and manage environmentally sensitive lands that contain natural upland or wetland communities,native plant communities,rare and endangered flora and fauna, endemic species,endangered species habitat, a diversity of species, signiticant water resources, or outstanding aesthetic or other natural features, maximizing protection of Collier County's rarest,most unique and endangered habitats; ?. To acquire,protect and manage environmentally sensitive lands that offer the best human social value, including equitable geographic distribution.natural resource based recreation, and protection of water resources, local ecological awareness, and enhancement of the aesthetic selling of Collier County; 3. 'lb acquire,protect and manage environmentally sensitive lands that serve to recharge the County's aquifers and protect its wetlands and surface water resources to ensure the delivery of clean and plcntitiil water supplies and provide flood control; 1. To acquire, protect and manage environmentally sensitive lands containing the most biological value, including hiodiversity,listed species habitat,connectivity,restoration potential, and ecological quality; j. To protect present conservation lands by acquiring, protecting and managing adjacent properties which, if not acquired, would threaten the environmental integrity of the existing resource, or which, if acquired, would enhance and hutTcr the environmental integrity of the resource,and add to resource connectivity; l ,sr_linc added;svikaitreugt+sdcltted. 6. To restore the natural functions,as necessary, to any impacted and vulnerable habitats which would then contribute significantly to fulfilling this program's goals; 7. To help implement the objectives and policies of the Collier County Growth Management Plan which have been promulgated to preserve and protect environmental protection areas designated in the Plan and other natural forest resources,wetlands,endangered species habitat, and vulnerable rare habitats; 8. To identify Collier County's best and most endangered environmental lands for acquisition, protection and management by evaluating the biological and hydrological characteristics and viability of the resource, the vulnerability of the resource to degradation or destruction,and the feasibility of managing the resource to maintain its natural attributes; 9. To manage acquired environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate natural resource-based recreational and educational opportunities,by employing management techniques that are most appropriate for each native community so that our natural heritage may be presen ed and appreciated by and for present and future generations; €0. To have the acquired sites available,with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities; l l. To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Conservation Collier funds would leverage significant other matching sources of funding for other agency acquisition projects that would not be available without such a local match,or which would result in considerably higher funding rank in another program, however, Collier County shall exclude Municipalities within the County from any requirement to provide matching funds;and, 12. To cooperate actively with other acquisition, conservation, and resource management programs, including,but not limited to,such programs as the State of Florida Conservation and Recreation Lands program, the Land Acquisition Trust Fund, Florida Forever, and Save Our Rivers program, where the purposes of such programs arc consistent with the purposes of Conservation Collier as stated hereinabove. SECTION a-Definitions: The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: 1_ "Acquisition proposal" shall mean (a)Parcel(s)of land which has/have been nominated or recommended for conservation in accordance with the procedures provided for herein. 2. "Acquisition project"shall mean(a)parcel(s)of land approved by the Board of County Commissioners for conservation by the county in accordance with procedures provided for herein. 3- "Authorized Purpose"means expenditures authorized herein. 4. "Non-profit organization"shalt mean an organization as defined in Section 501 of the 1'nited States Internal Revenue Code,operating in Collier County,which includes among its primary goals the conservation of natural resources and the protection of the environment- 3 UstalisjikledzstriloginvulAs-deteto:I. 5. "Buffer land" shall mean that land which is adjacent to publicly-owned envimnmental land.or privately held land permanently dedicated to conservation,or that land which is an in- holding within publicly-owned environmental land,and which, it'not acquired, would threaten the environmental integrity of the existing resource, or if acquired, would enhance the environmental integrity and connectivity of the resource, G. "Environmentally sensitive"land shall mean that land which contains natural upland or wetland COMA-tunnies, native plant communities,rare and endangered flora and fauna,endemic species. endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features. 7, "Management" shall mean the preservation, enhancement, restoration, conservation, monitoring, or maintenance of the natural resource values of environmentally sensitive lands which have been acquired or approved for management under Conservation Collier. including provision of appropriate public access. 3. "Target Protection Areas" shall mean larger areas of environmentally sensitive land within which arc located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. ). "Natural resource-based recreation" shall mean all firms of uses which arc consistent with the goals of this program, and are compatible with the specific parcel. Such uses shall include, but not he limited to, hiking. nature photography, hind-watching, kayaking, canoeing, swimming,hunting and fishing. SF_CTION 6 Creation of the Conservation Collier Acquisition Trust Fund. Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accordance with the provisions herein. 1. The Conservation Collier Acquisition trust Fund shall receive monies from the following sources: a. All monies accepted by Collier County in the form of federal, State, or other governmental grants, reimbursements, allocations, or appropriations, foundation of private grants, donations for acquisition of environmentally sensitive lands and payments provided for mitigation activity associated with such acquisition activity. b_ Such additional allocations as may be made by the Board of County Commissioners from time to time for the purposes set forth herein. c. All interest generated from the sources identified herein except where monies received have been otherwise designated or restricted. d. Supplementation from the Conservation Collier Management Trust Fund,but only with the approval of the Collier County Board of County Commissioners. e. Up to Eighty-the percent(R5'Y4)(75%`0) of all ad valorem revenues collected fur Conservation Collier. C. The proceeds of any property acquired with funds from the Conservation Collier Acquisition Trust Fund that is leased or sold by the County,said proceeds,as determined by the Board of County Commissioners,to he committed either to the Conservation Collier Acquisition 4 t erf idle added;r.i;Fiket4,14409-UZ1Gei_ 94 Trust Fund or to the Conservation Collier Management Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in accordance with the goals of this Program. g. Prior to acquiring land located within a Municipality's boundaries,approval must first be obtained from the governing body of that Municipality. 2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only for the following authorized purposes: a. Acquisition of properties which have been approved fur purchase by resolution rf the Board of County Commissioners, b. Coasts associated with each acquisition including, but not limited to, appraisals, sun'eys, envifontn ntai reports. title commitments anti insurance policies meth-wok, real property taxes.documentary stamps and surtax fees,and other transaction costs. c. Costs of administering Conservation Collier, including any loans from the General Fund for funding start-up costs until such time as the fund is closed. Administration of the program may be conducted by County staff or by contract with a private or not for profit entity subject to meeting all County and Conservation Collie( purchasing policies procedures. Administrative costs shall be limited to the greatest extent possible. d. To undertake and carry out studies and analyses of county conservation land needs and ways of meeting those needs,limited to no more than S150,000.00 e. To acquire and dispose of real and personal property or any interest therein when such-aegt Lion-is necessary or appropriate to protect the natural environment,provide public access or public recreational facilities, preserve wildlife habitat areas or provide access to management of acquired lands;to acquire interests in land by means of land exchanges;and to enter into alternatives to the acquisition of fee interests in land, including, the acquisition of easements,life estates,leases,and leaseback arrangements, f, Acquisitions consistent with j Collier County Land Devclotot nt Ctxk lend development regulations and the Cirossih Management Plan. g. To cooperate with other local, regional, state,or federal public land acquisition programs. In such cases, the County may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs in Collier County. h. All lands acquired and titled solely in the name of Collier County shall be managed by Collier County,wherever located,unless by mutual written agreement management arrangements and responsibilities are undertaken with other local, regional, state, or federal agencies. All lands jointly acquired with other local, regional, state, or federal agencies, including Municipalities,shall include,as part of the acquisition process, some mutual written agreement regarding the responsibilities of the joint owners for maintenance. i. To borrow money through the issuance of bonds for the purposes provided herein,to provide for and secure the payment thereof,and to provide for the rights of the holders thereof. 3 i,l,+tdcrllne r,lded;r1ritt•ghuouahirdeleted. j. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under Florida Statures,Section 215.47 as amended. k. To insure and procure insurance against any loss in connection with any of the trust's operations,including without limitation: a. The repayment of any loans to mortgage lenders or mortgage loans; b. Any project; c. Any bonds of the County; Insurance may be procured in such amounts and from such insurers,including the Federal Government,as may be deemed necessary or desirable by Collier County. I. To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice. m. To identify parcels of land that would be appropriate acquisitions. n. To do any and all things necessary or convenient to carry out the purposes of,and exercise the powers given and granted herein to the full extent of the law. SECTION 7-Creation of the Conservation Collier Manaacment Trust Fitnd; There is hereby created the Conservation Collier Management Trust Fund (hereinafter referred to as the Conservation Collier Management Trust Fund) for the preservation. enhancement,restoration,conservation and maintenance of environmentally sensitive lands that either have been purchased with monies from the Environmentally Sensitive Lands Acquisition 'Trust Fund,or have otherwise been approved for management. The Finance Director is hereby authorized to establish the Conservation Collier Management Trust Fund and to receive and disburse monies in accordance with the provisions of this section. I. The Conservation Collier Management Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. ?. The Conservation Collier Management l'rust Fund shall receive monies from the following sources: a. Ad-valorem taxes collected for Conservation Collier in an ammont not to exceed 15% of the total collected in any one year. b. All monies accepted by Collier County in the form of federal, State. or other governmental grants, allocations,or appropriations, as well as foundation or private grants and donations, for management of lands acquired with the Conservation Collier Acquisition Trust Fund or otherwise approved for management. c. Additional allocations as may be made by the Board of County Commissioners as necessary from time to time for purposes strictly consistent with the goals and purposes of Conservation Collier. d. All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. 3. Disbursements from the Conservation Collier Management Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth herein 6 Vpdttlanr added:e1:��eleted. • SECTION 8—Land Acauisitien Advisory Committee: I. Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to assist the Board of County Commissioners in establishing an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier. 2. Appointment and Composition: The Land Acquisition Advisory Committee shall be composed of nine(9)members who are appointed by and will serve at the pleasure of the Board of County Commissioners in accordance with Ordinance No.2001-55. Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced representation of the interests of Collier County citizens,including: a. Environmental and conservation interests in Collier County; b. Agricultural and business interests in Collier County; c. Educational interests in Collier County;and d. General civic and citizen interests from throughout the county. Individual members of the Land Acquisition Advisory Committee shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. A nominee shall submit to the Board of County Commissioners written evidence of his or her expertise, knowledge or interest in any of the above. The members of this committee should include representatives from different areas of Collier County. 3. Terms of Office: The initial terms of office of the members shall be staggered between the individual interests,for balance purposes,and be set as follows: a_ Three(3)members shall serve three(3)years. b. Three(3)members shall serve two(2)years. c. Three(3)members shall serve one(1)year. Thereafter, all appointments shall be for a term of three (3) years. The process for appointments and terms of office shall be governed by Collier County Ordinance No.2001.55. 4. Officers, Quorum and Rules of Procedure: At its earliest opportunity,the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers'terms shall be for a period of one(I)year,with eligibility for reelection. The presence of five(5) or more members shall constitute a quorum of the Committee necessary to take action and transact business. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with Chapter 112, Florida Statures. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 5. Attendance and Vacancies: Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Collier County Ordinance No.2001-55,as amended. 7 Underline tided;EOrilie44- dtleted. tq 6. Functions,Powers and Duties of the Land Acquisition Advisory Committee: The Land Acquisition Advisory Committee shall have the following duties and responsibilities: a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to the board of County Commissioners an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier and pursuant to the policies outlined herein below, b. The Land Acquisition Advisory Committee may,from time to time,recommend to the board of County Commissioners proposed expenditures from the Conservation Collier Trust Funds; additional selection or acquisition policies, procedures, and programs; and other such matters as may be necessary to fulfill the purposes of Conservation Collier. However,the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum vote. c. The Land Acquisition Advisory Committee shall have no power or authority to commit Collier County to any policies,to incur any financial obligations or to create any liability on the part of the County.The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by the Board of County Commissioners. d. At such time as there are insufficient uncommitted funds in the Conservation Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have been closed,the Land Acquisition Advisory Committee shall report to the County Commission that its business is concluded. All remaining Conservation Collier Acquisition Trust Fund monies shall then be transferred to the Conservation Collier Management Trust Fund. 7. Review of the Land Acquisition Advisory Committee: The Land Acquisition Advisory Committee shall be reviewed by the Board of County Commissioners every four years in accordance with the provisions of Section Nine of Collier County Ordinance No. 2001-55, as amended, SECTION 9-PrQtlefyv Elleible for Acquisition and:Management: 1, Properties eligible to be considered for acquisition and management under Conservation Collier shall be only environmentally sensitive lands available from willing and voluntary participants. 2. Acquisition of property shall not be constrained based on the immediate availability of management money. 3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance or donation to Collier County and is proposed for management by Conservation Collier shall be evaluated as provided for herein below and may only be accepted and approved for management by the Board of County Commissioners. SECTION 10=Criteria for Evaluati g Lands for Acquisition and Manaeement: 1, The evaluation of each acquisition proposal shall be based on satisfying at least two of the initial screening criteria below.Qualified sites shall then be further prioritized by secondary evaluative criteria listed below under Section 2,The initial screening criteria are: Underline added;w:icahreoshaslelcted, a. Land with the most rare,unique and endangered habitats found in Collier Coutnty, order of preference: tropical hardwood hammocks.xeric oak scrub,coastal strand,native beach, xeric pine,riverine oak,high marsh(saline),tidal freshwater marsh,other native habitats. b. Lands offering the best human social values, including equitable geographic distribution,appropriate access for natural resource.based recreation, and enhancement of the aesthetic setting of Collier County. c. Land which protects the most water resource values, including aquifer recharge, water quality,wetland dependant species habitat,and flood control. d. Land containing the most biological value,including biodiversity, listed species habitat,connectivity,restoration potential,and ecological quality. e. Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer,ecological link,or habitat corridor. f 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. Without :;uch f•nding ‘'- _ - , '.: _-.. 1—clot—la—eyed/ 2. Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation,and based on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management(to prefer most manageable parcels). 3. The Board of County Commissioners hereby shall approve and make a part hereof the attached initial list of Target Protection Areas within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier, Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff and the Land Acquisition Advisory Committee for a recommendation of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of this Conservation Collier implementation Ordinance, the following list is the first Target Protection Areas adopted for consideration by the Land Acquisition Advisory Committee, County Staff and the Board of County Commissioners. All designated Urban lands on the Future Land Use Map of the Collier County Growth Management Plan with predominantly native vegetative cover. b. All Collier County Natural Resource Protection Arras and Sending Lands,as shown on the Future Land Use Map of the Collier County Growth Management Plan. c. All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of die Collier County Growth Management Plan. Gnderlme added;c rik*th yg dcictoi. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Nan. 4. The County Manager shall prepare and periodically update for presentation to the Board of County Commissioners,a Conservation Collier Program Manual,developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners,shall be used as a guide fur implementing the provisions of this ordinance,and shall also include the initial and secondary criteria listed herein above for evaluating Conservation Collier Acquisition Proposals. Commencement of the acquisition and management program shall be immediate upon approval by the Board of Cuunty Commissioners,passage of the referendum and appointment of the Land Acquisition Advisory Committee, even if the manual has not been completed. SECTION 11—Aeaulsition List: The overall Conservation Collier Acquisition List shall consist of two specific lists, the Target Protection Areas List and the Active Acquisition List. The Land Acquisition Advisory Committee and Board of County Commissioners shall approve both in accordance with the procedures set forth below: The Target Protection Areas List shall consist of lands representing the highest natural resource values(such as Natural Resource Protection Areas),but generally not specific parcels, and is initially approved by the Board of County Commissioners and updated periodically by the Board of County Commissioners and Land Acquisition Advisory Committee, It is established and updated in accordance with Conservation Collier goals,procedures and criteria. 2. The Active Acquisition List shall consist of criteria-qualified sites that have been selected from Target Protection Areas, as well as qualified acquisition proposals submitted to the Land Acquisition Advisory Committee by the public, all of which have bad applications submitted by from property owners. The Active,ptcgltisitian List shall separate proposals into throe (3) categories, A (pursue acquisition), B (hold for re-rankine in the next cycle), and (no irllerest in acquiring;)_ The A-category parcelsfprojects shall be further cafe zizcd a, i(high priority).2(medium priority)and 3(low priority),in order to gjye County staff direction as to priority for p&gpisition tasks, The Active Acquisition List shall be updated periodically according to Conservation Collier procedures and criteria. Site acquisition proposals that receive the highest evaluations pursuant to the Conservation Collier criteria and for which acquisition is feasible will be placed on this list,pending recommendation approval by the Land Acquisition Advisory Committee and approval by the Board of County Commissioners. 3. Once approved by the Board of County Commissioners,the County shall actively pursue acquisition of A-category,projects on the Active Acquisition List. All sites shall be pursued on a voluntary "willing participant" basis only, without the use of the County's eminent domain powers. 4, Projects will only be removed from the Active Acquisition List by successful purchase of the site, approval of the next s cceeding list, withdrawal of positive interest by the property owner,or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later time. SECTION 12—Nomination of acquisition proposals and candidate sites: to Qndcrline added:strilwNveugln-deleted. ], Nominations for the Conservation Collier Pro tam may be made by any person or organization, including Collier County, regicdnal,,_State or Federal agencies,. by contlaelin; program staff in writing amid providing.pvis inye identification of the parecV,rproaect tIlrouuh a man or l 'lio number{st. Staff will send an inttuiry' to the owner in the form of aft interest letter advising of the nomination and asking if the owner wishes to submit an application to consideration to the cOf$ervaliun Collier Program. ?. An ovoicr may nominate his or her own property by an application. 3. Count staff will send letters of interest to protx;rty owners within Target Protection : .ryas as directed by the [.and Acquisition .\dvisun Committee asking ir..the owner 5vishes to submit art application for consideration to the Conservation Collier Prnrattt, 4. An application submitted by the property owner to ZhC Count R1;uta per is ir,his.dcses nci shall be evidence of a wilting,seller. 5. Whiter' 1. Spcitilte site 4. • - - • - • • s . add,al pn> l-argel Prot 7 - .. - have goner - . :.nse to a-letter f aequisittort-i county-dlesignat -contact. ublic and landowner applications nominating properties for acquisition may be submitted at any time, during or after the first annual publie solicitation meeting (described below), applications shall be gathereftand.evaluated within the framework of an acquisition osit.yilLTO lime frame shall be nuhlicly announced,by any person - -, ' .. Collier Cattoty.-re 7 - - 3. All nom-Minim .: icatiort-with t e County Mai igO -Iris deign . hi:h wil the.. b._-forward - - "- - =-hrarkl Acqui AJv r-R C'ummittee for review, —•- 4 b, There will be an annual public meeting for the purpose of updating the Board of County Commissioners and the public and for soliciting proposals and applications. The first such meeting will take place at the end of the first year of implementation of Conservation Collier. . 7. if the • - - . - tit in-Lett by an tipplizoiiotn for Owner interest shall be disclosed in itpplieations in the same manner as required of toning applicants by the Collier County Land Development Code. 44••s—shall treat leans: the . pli-ant .,_es t.ltave ten real i1}fplioal .a goy' to and-uddre s of the-ow-tier-as lisle,, 'in Property App . . ill SECTION 13 - Procedure for •lection of ac uisitian ro o Is for laccment on the ActiVe Acquisition List and Subsequent Purchase Procedures: 1. Acouisitiun ro �.. s for which applications have been received shall bS °Trammell using the initial screening criteria, Those that satisfy two 421 out of sir (6) of the Initial Screening Criteria shall be forwarded to the Land Acquisition Advisory Committee for a vote for :a complete evaluation. i t:ode-lme added;strilt,atteruutgids deleted. Zvi 1. Upott rip. . -- - ..• , ,, y.- :Forget lirateetiefr Areas ' ---• -.- of inquiry within these Target ltrotout wili- -staff forte review,using i 2. After the riot ant .; s; - ltnr and - _.. :,. .. .. ing of iemirs—loiter;. Designated is-will review oil rc..pon_cs-- __Acquisition proposals which do not catisJ 'the initial screening criteria or which satisfy initial screening criteria hut tot other towns _ a do may not fulfill the purposes of Conservation Collier oe-met-aati•ff••t'he m lial criteria will be reported to the Land Acquisition Advisory Committee and shall not be evaluated further unless at least live 151 members of the Land Acquisition Advisory Committee vote for a complete evaluation. 4). Proposals which satisfy the initial screening will be further evaluated for presentation are ferwatded to the Land Acquisition Advisory Committee anti-staff for s l review and ranking. Sttfskall Evaluation shall include a site visit.which staff shall mores inatQ,with the prottetty ova and which v inclu a one Advisory Committee n-1-mbcr, rex ie-. of information about the°arcelts}av;ilablee in the County's cl_ectrgpic databases and research into any other records retained by the County about the nrellia. Motet?both observed and.Bthered data, staff shall prepare an initial Criteria Screening Report tlCSRO which will,include send along—wide-- sal: boundary and location maps for each site, descriptions of the biological and hydrological characteristics, including initial criteria satisfied, a summary of its potential for appropriate use,development potential of the site and adjacent Land,an assessment of the management needs and costs, the assessed and estimated value, and any potentially available matching funds. T ' •• _ _:_ - --: - - +:ial-Criteria See »Re 3-t. Upon completion of the InitialCiiteiieSereeningliepaft ISCR, the Land Acquisition Advisory Committee shall hold a public hearing 4o of suer-t 2 presentation of information contained in the ICSR regarding each site, the applicants' and/or landowners' comments,and comments from the public. A courtesy notice shall be provided to the owners of properties which are the subject of the hearing, although failure to notify said owners shalt riot invalidate these proceedings. 5. Alter all pruperties within the current acquisition t ycic itave been presented,tThe Land Acquisition Advisory Committee shall evaluate all qualified proposals using the-.adendery ranking criteria;as documented in the ICSR _aloe►: with and public comments,and their awn experience and judgments,anti then rank the pareclt t cuLdi to the A,B and C ranking rankinfLategglieLtosreple a recommended proposeposals-for the Active Acquisition List at this a public hearing. Subsequent Additional meetings may be called to complete this task. 8 ie initial site visits with Land Acquisitions y to Sit Finiiiel ite vni t} t_rderl:ne mkto:l;s4r-ikelareugtt9-deleted. �.,� coo 7. Upon--cimpletiatt-o4 the stat - •. .• - _ - Lot t dvt>t C ene a..publig t.canng . ."elttttet aappcuve-t,.» iv Acgui3ttie+rt list Bovril-o tiers. Coordination will be d .t .il kitatthing t tff45-efiti 7 1,+ 6. The recommended Active Acquisition List shall be f,3ncarded to the Board of County Commissioners,who,in a public meeting.shall vote on whether to approve all or part of the proposed Active Acquisition I.ist. Properties may be added but any additional properties must be subjected to the enure evaluation process, ?. County Staff shall notify property owners and the public oj.,.the final approved Active Acquisition I.j.s t. &ad -• -• " -any- . - • -• • rlddit., c �.,,,0iiy additional - - _ - .. - - ., the enttr ... 1. After approval of the Active Acquisition List,Real Estate Services staff will arrange for ap ; _CO„rrA_category parcels/projects and when appraisals are received make art offer to the owr spursuant to the approved Conservation Collier Land Acquisition l'ttrchasc.Policy (Resolution No.2(X 3-195,or as superseded). Parcels located within the Rural Fringe Mixed Use District "Sending” lands ftr<. subject to additional requirements re .arding_ fr,msfer of 1),e elopmcnt Fiats (TI)RI credits. as specified in the Conservation Collier Land Acquisition Purchase Pulley, Resolution 21103-1.95.atuu jukaigded.the . - - will diroet Once an otter is accepted, Real Estate Sen•ices staff will prepare a cQnt>:tct and reauesc the owner sign, l'his s gned contract will be presented to the Land AequisitjQnV ldvisorY Committee at a public meetingtq.-decide,by majority vote. whether to recommend of the contract 10 it .Board of County Commissioners_issioners_ Along with the contract, staff will provide v4140--prepare a Project Design Report for each parcel/project, including cost, fippriiiials, title tom;history,and purpose of project,and program qualifications. ')_.. Allier obtaining a recommendation from the Land Acgytj.tjon Advisors' Committee, the contract,Project I)esi n Report and Land Acquisition Advisory Committee recommendation,will he presented to the Hoard,of County Cj?nwissiuners at a public hcarinit for their review and approval. 9. -Upon - - . _ `- 'fin Reports, . • told a Se& -- : _ , • itv Miele,wititth-proje. t; axe recommended to proceed to negotiations, 10_ I-h4 Boatel of County Commissioners shall have_ljp.tl approval authority for alef approval of tlt. A - h.. ..L: ..I..-1 tho L.aixl Ax _ - .. adatitvrta #far eiiali yt4. will in_;truct County staff to tteg 1ia4e fire ,. • _ • • i+tit, nifty aptieRCI4-1+Fre-et--41-tilifil party t 4 • . . 19 County Con sire+ r sue egoti • , -, • -. • ptesent-t-H.-the-6fti Acqui;it sn rk, i , ... - - . - . - tract tertn iart-timl ret4 lenedatiorki.---Qount, ttcontrue t ' i .w. t;,a equiaitiott .a ,t. , h- n. -a of C. CoiuiC It `€dets-`et2t?t#n#3era+l+itl-k!E t 3ro.al it+i t�It►f e -- - 1 Us WV:4141 44: '3 I andcrlinc addttioirdethLOUnci.delerrd 430 4-2r The Boa - - .. the contract terms for each proposed project and shall authorize any and all purchases. 1.1. Once a contract has heal,approve and executed by the Board of County Commissioners in accordance with County policies,,Real Estate Services staff shall proceed to el)sc on the pureh;tsc ofprot rly in accordance with County policies. SECTION 14-Management plans and use of environmentally sensitive lands: . No later than ' }&#j ninety [90] days from the date of acquisition, an interim management plan for any property acquired shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval,the plan shall he submitted to the Board of County Commissioners for final approval and shall be implemented by the County Manager pursuant to the Board's direction_ Any such interim management plans) shall not be implemented for more than two(2)years after acquisition of the property,prior to the expiration of two[2]years,either a new management plan shall he implemented or,by affirmative action of the Board,the interim plan shall continue. ?. A final management plan, with required review and updating every ten years. shall be prepared,with review and input oldie Land Acquisition Advisory Committee, for each property acquired by Conservation Collier which shall: (a) Identity such management activities as are necessary to preserve, enhance, restore, conserve,maintain,or monitor the resource,as appropriate;and (b) Identify such uses as are consistent with the preservation, enhancement, restoration, conservation,and maintenance of the resource;and (c)Estimate the annual costs of managing the project. 3. Annually, the ten-year management plans prepared during the preceding year shall he submitted to the Hoard of County Commissioners for its approval, Each ten-year management plan shall be updated at least every live(5) years from the last dale of Board approval,and may be amended as often as required. Management plan updates and amendments shall be reviewed by the Land Acquisition Advisory Committee for their input and recommendations and then submitted to the Board of County Commissioners for approval. 4_ All management plans shall be consistent with the purposes set forth herein. All properties acquired or managed through Conservation Collier shall he managed in accordance with the approved management plan for that property. 5. No use, infrastructure, or improvement shall be permitted on any property acquired or managed under Conservation Collier that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the property. 6. The County will seek cooperative management arrangements with other agencies and entities,in keeping with the approved management plans and goals of Conservation Collier. 7. Purchasing land using Conservation Collier program funds permartently extinguishes all development rights except those strictly compatible With the purposes and goals of Conservation Collier, unless such lands are exchanged fur similar lands within and between multi-parcel projects that have been previously recommended hy_tbe Conscrvatton Collier Land Acquisition tjrlviso Y Committee and approved by the Board of County Commissioners_in accordance with Underline it$Jeed,5rr letNNtwu5,u%deleted. the goals and yaumoscs of the Program In case of these tar(dd cxchsnes,development r t stole to those pro perties exchanged ou f( tY ownership 8. Public access is an important element of management and this Program_ Examples of permitted uses. subject to compatibility with specific parcels, include: hiking, nature photography,bird watching, kayaking,canoeing. swimming„ hunting and fishing.The program will also make the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities. SECTION 1S-Resnonsibilities of the County Manager. The County Manager shall facilitate such activities,designate such staff,and assign such responsibilities as are necessary to fulfill the purposes of this Qvgnance,chapter, The manage_ dohe�a -1. i)esignatc sta in eriteeia-and-preparti-and-implemeni-ppojeet-nionagetnent-pleinse ns:• 2. M_M; - --_.••.•-- - : -. •: :;,. , Advisocy-Committee ittre , acquisition-propasals 3. Designate a•ttegotietion- . ,- , _ - . . to-monit =- = -- , =--= - = ' • :. •Mating all-ev,tivities Frew a ,, .Tice oes-a-,. • , . , - - _-•rant;.tha--lam;--ate fleereatiorr SECTION 16--Sunset of the Conservation Collier Ad Valorem Tax: t. The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless reauthorized through similar voter referendum approval. 2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands remain in county hands. SECTION 17-Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance:shall become and be made a part of the Code of Laws and Ordinances of Collier County,Florida- The sections of the Ordinance may be renumbered or re-lettered to accomplish such,and the word "ordinance"may be changed to"section," "article," or any other appropriate word. SECTION 15 -Conflict and Severability: In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction.such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 19--Effective Date: This Ordinance shall take effect only upon the passage of the November 5, 2002 referendum levying up to 0.25 mills of ad valorem taxes for a period of ten(10)years to fund the is Un1crtine added:hail rouefi9-deleted. CA() acquisition of environmentally sensitive lands and its being tiled with the Florida Department of state PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this 25Yday of 2007_ Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK.Cleric COLLIER COUNTY,FLORIDA '3y.. Q( • By: � s'>>+= �-�; At [ S m s JA s`.C OLLTTA.Chatrman Approved as to Form and Legal Sufficiency: !elm r A.Belpedi sistant County Mtorncy t!4S ordinance filed *.oh the S ya tOrY Of t:tt'I Office r'he clay of ... and acknow'wgrnvnt of that lh ot �tlHt_ ..d6y Li slett:ne added.strain nsw ikleted. MI received Y o.a• ■c 106 STATE OF FLOR I'A} COUNTY of COLLIER} I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of; ORDIlIRIZCS 2007-65 Which was adopted by the Board of County Commissioners on the 23rd day of October, 2007, during Regular Seeslon. WIT ''ISS my hand and the official seal of the Board of county Commissioners of Collier County, Florida, this 25th day of October. 2007. DWIGHT E. BROCK Clerk of Courte.rAd Ide+ c 8x-officio to Board, of . County Commisaioiera . 40 '%g---- By: Martha Verge Deputy Clerk 107 0 FWC Interlocal Agreement—Exhibit E O'C zD u m Z ` r; J (u, r T r` 2 N -- 2 C i fiP Cl) v 0 O c d v CJ ns G d J J ,— iv c u U G '� Y Q nil i .,_ 4.. . 4 .; , ri .o..r..ew.j� W 0 .__. _ - 4 � ;.. r, N ,,4%.1 Y`r rte. , Z'Alle. e r, ,0 0 ' .( .4 1 Gt , M ,., _ -A a, � r-; - (0 r- .,- a.- • `-- V CV t 'CJ CV :71 3 ■ al , R {+ p411,...._ x M ' 4 . ` - cis '�' '".r.. r 00 s (� °'et' 1 U7 'y (1) M 14-i Z LLl rte.,_.t. _ 4 _ > _ -r 1 ' . . R._.__ N ,- (c ce i , tr� - - C M `7 .may � t'�'1 � r# 1 — _ N , .* cv Cd ` t 1 v U I „yy II— Vie :' - r r'. c,1 (.) ua !i D 3) a ' yra.. I ” u co ,4. . r, (i tt— i •t` h ,y . _ � ..t .. ... 6 : 1 • • ... �a .;t? <� r , �� ---- 11f lit. -f t I It) ..zr %). ,` cat t. I , 108 `tii) Caracara Prairie Preserve Habitat Management Plan— Appendix D. Oil, Gas, and Mineral Lease Producers 88 (9/70)—Paid Up (SP 4.75) MEDERMAti BROS.RIDGELAND M5 With Pooling Provision a litsissippi•Alahama•Florida OIL, GAS AND MINERAL LEASE 1 ;(4 1741 4 4 THIS AGREEMENT made this day of 20©/ , between Hugh E. Starnes and wife, Judy Ann Starnes • v . lessor (whether one or more),whose address L: 3 71 5 McGregor Blvd. , Ft. Myers, FL 33901 and Wesley E. Williams, 17170 Waters Edge Cr. , N Ft. Myers, FL. 1eUee, WITNESSETTi, 1. Lessor, in consideration of Ten_ and 00/100 Doii.,rs, re•e,pa of which is hereby acknowledged, and of the covenants and agreements of lessee hereinafter contained, does hereby grant, lease and let unto lessee the land corrred hereby for the purposes and with the exclusive right of exploring, drilling, mining and operating for, producing and owning oil, gas (including carbon dioxides, sulphur and all other minerals (whether or not similar to those mentioned), together with the right to make surveys on said land, lay pipe Ines, establish and utilize facilities for surface or subsurface disposal of snit water, construct roads and bridges, dig canals, build tanks, power stations, power hires. Ielephnne lines, employee houses and other structures on said land, necessary or useful in lessee's operations in exploring, drilling for, producing, tre.rhng. .loring and transporting minerals produced from the land covered hereby or any other land adjacent thereto. The land covered hereby, herein called "..rnl land", is located in the County of Collier , State of Florida and .s described as follows: • TOWNSHIP 46 SOUTH, RANGE 28 EAST Section 30: ALL leis; 4039327 OR: 4250 PG: 1445 RIC III 1830 WISLII I WILLIAMS RECORDED in the OFFICIAL RECORDS of COLLIER COMITY, FL DOC-.10 .70 17170 WATERS EDGE CIR 06/21/2001 at 02:14PK DWIGHT I. BROCK, CURL E IT MRS PL 33917 3828 WHt11E'1ER THE FRACTION 1 /8th APPEARS IN PARAGRAPH. THREE BELOW, IT IS HEREnY EXPRESSLY. AMENDED AND INCREASED TO READ 1 /5th. This Instrument prepared by• OSEJ-1- (7()t4v Wesley E. Williams 17170 Waters Edge Circle/'(Q /` North Ft. Myers, FL 339'(7-.828 This lease also covers and includes. in additi� to t..t •• a _ • a olif Ai r djacent to or adjoinin`the land above described and (a) owned or claimed by lessor by limitation,;pies ti••, ens r ev nr salt or (b) u to which lessor has • preference right of acquisition. Lessor agrees to execute any suptlemmee i . t (egyatedd y$ use pl a or accurate description of said land. For the pur- 1 of determining the amount of any bonus o `otliek�ptyoefit he �•J! , ss , she pt t rnnt,(n 640 acres, wh,thcr actually containing morn or Nu, and t b a recital of acreage in any tract shall lee t be the true acreage thereof. Lessor accepts the boons as lump sum consideration for this lease and si and options hereunder. 4( g 2 cotes, sooner terminated or longer kept 'f under other provisions he Ri •'"leapre'e� • 'remain in force for• term 0(544 7�years from the date hereof, hereinafter called "primary term", nog thereafter u operations •• her eftdr ed,are conducted upon said I d tl(no cessation for mare than ninety (JO) consecutive days. .\ *t�� J. As royalty, lessee covenants and agrees: (a) 'l de er to the credit of lessor,in _>iqe a to which lessee may connect its wells, the equal nor eighth part of all oil produced and saved by leases�f �-s) d, or from limo to tim'�ee,y(ft a qp/lion of lassos, to pay lessor the average posted market pees of such one-cigbth part of such oil at the wells as of`i?fe,,day. is run to the pipg.nnospr tofage tanks, lessor's interest, in either case, to bear one-eighth of the cost of treating oil to render it marketable pipe liii o)'- ( '1o'..pu�lessar-dun staa'k*.�waismx resinghsad gas produced from said land (1) when sold by lessee, one-eighth of the amount realized lay lessee, computed at t x,mostfthio}y e b n used by lessee off said land or in the manufacture of gasoline or other products, the market value, at the mouth of the well, of`etie o su d'casinghead gm: (c) To pay lessor on all other minerals mined and marketed or utilized by lessee from said land,one-tenth either in tcad-or vlslu a ell or mine at lessee's election, except that on sulphur mined and mar- keted the royalty shall ho one dollar ($1.00) per long ton. U, at the esppiiiihon of the primary term or at any time or times thereafter, there is any well on said Lund or on lands with which said land or any portion thereof has been pooled,capable of producing gas or any other mineral covered hereby, nod all such wells .are du,r.in This I.n.e ill.II ,..,..,th.la.. ,•...,N,,... ,. r..... .. ........>, .........•:.._....___ _-_.._-- .- - -- 109 0 - - .---- -- -'— - ",._..... ... .........-..y ,,.., ... MU, vu■c, uuuc,a, cuveress uercoy, anu alt sucn wells are shut-in, this lease shall, nevertheless, continue in force as though operations were being conducted on said land for so long as said wells are shut-in, sad thereafter this lease may be continued in force as if no shut-in had occurred. Lessee covenants and agree. to use reasonable diligence to produce, utilize, or market the minerals capable of being produced from said wells, hut in the exercise of such diligence, lessee shall not be obligated to install or furnish facili- ties other thau well facilities and ordinary lease facilities of flow lines, separator, and lease tank, and shall not be required to settle labor trouble or to market gas upon terms unacceptable to lessee. If, at any time or times after the expiration of the primary term, all such wells are shut-in for a period of ninety con- se L tisc days. and during such time there are no operations on said land, then at or before the expiration of said ninety clay period. lessee shall pay or tender, by check ur draft of lessee, as royalty, • sum equal to one dollar ($1.00) for each acre of land then covered hereby. Lessee shall make like payments or tc,nlers art or before the end of each anniversary of the expiration of said ninety day period if upon such anniversary this lease is bring continued in force solely by reason of the provisions of this sub-paragraph. Each such payment or tender shall be made to the parties who at the time of payment would be en- titled to receive the royalties which would be paid under this lease if the wells were producing, or may be deposited to such parties credit in the - Rank as or its successors, which shall continue as the depositories, egardless of changes in the own- ership of shut-in royalty. If at any time that lessee pays or tenders iers shut-in royalty, two or more parties are, or claim to he, entitled to receive same, lessee may, in lieu of any other method of payment herein provided, pay or tender such shut-in royalty, in the manner above specified, either jointly to such parties or separately to each in accordance with their respective ownerships thereof, as lessee may elect. Any payment hereunder may be made by check or draft of lessee deposited in the mall or delivered to the party entitled to receive payment or to a depository bank provided for above on or before the last date for payment. Nothing herein shall impair lessee's right to release as provided in paragraph 5 hereof. In the event of assignment of this lease in whole or in part, liability for payment hereunder shall rest exclusively on the then owner or owners of this lease, severally as to acreage owned by each. 1. Lessee is hereby panted the right, at its option, to pool or unitize all or any part of said land and of this lease as to any or all minerals or horizons thereunder, with other lands, lease or leases, or portion or portions thereof, or mineral or horizon thereunder, so as to establish units containing not more than 80 surface acres plus 1096 acreage tolerance; provided, however, a unit may be established or an existing unit may be enlarged to contain not more than 640 acres plus 10% acreage tolerance, if unitized only as to gar or only as to gas and liquid hydrocarbons (condensate) which are not • liquid in the subsurface reservoir. If larger [nits are required, under any governmental rule or order, for the drilling or operation of a well at a regular location, or for obtaining maximum allowable, from any well to be drilled, drilling, or already drilled, any such unit may be established or enlarged, to conform to the size required by such govenunental order or rule. Lessee shall exercise said option as to each desired unit by executing an instrument identifying such unit and filing it for record in the public office in which this lease Is recorded. Each of said options may be exercised by lessee from time to time, and whether before or after production has been established either on crud land or on the portion of said land included in the unit or on other land unitized therewith and any such unit may include any well to be drilled, being drilled or already completed.. A unit established hereunder shall he valid and effective for all purposes of this lease even though there may be land or mineral, royalty or leasehold interests in land within the unit which are not pooled or unitized. Any operations con- ducred on any part of such unitized land shall be considered, for all purposes except the payment of royalty operations conducted under this lease. There shalt he allocated to the Innd covered by this lease included in any such unit that proportion of the total production of unitized minerals from wells in the unit, after doslucting any used In lease or unit operations, which the number of surface acres in the land covered by this lease included in the unit bean to the total number of surface acres In the unit. Tb• production so allocated shall be considered for all purposes, including the payment or delivery of royal0, over- r,ding royalty, and any other payments out of production, to be the entire production of unitized minerals from the portion of said land covered hereby and included in such unit in the same manner as though produced from said land under the terms of this leas.. The owner of the reversionary estate of any term royalty or mineral estate agrees that the accrual of royalties pursuant to this paragraph or of shut-in royalties from a well on the unit shall satisfy any limitation of term requiring production of oil or gas. The formation of such unit shall not have the effect of changing the ownership of any shut-in production royalty .which may become payable under this lease. Neither shall It impair the right of.lessee to release from this lease all or any portion of said land, except that lessee may not so release as to lands within • unit while there are operations thereon for unitized minerals unless all pooled leases are released as to lands within the unit. Lessee may dissolve any unit established hereunder by filing for record in the public office where this lease is recorded • declaration to that effect, if at that time no operations are being conducted thereon for unitized minerals. Subject to the provisions of this paragraph 4, a unit once established hereunder shall remain in force so long as any lease subject thereto shall remain in force. A unit may be so established, modified or dissolved dur- ing the Life of this lease. • 5. Lessee may at any time and from time to time execute and deliver to lessor or file for record a release or releases of this lease as to any part or all of said land or of any mineral or horizon thereunder, and thereby be relieved of all obligations as to the released acreage or interest. 6. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated except as otherwise provided herein, to commence or continue any operations during the primary term. Whenever used in this tease the word "operations" shall mean opera- tions for and any of the following: drilling, testing completing, eworking, recompleting, deepening, Plugging back or repairing of a well in search for or In an endeavor to obtain production of oil, gas, rss pbur or oer minerals, excavating a mine, production of oil, gas, sulphur or other mineral, whether or not in paying quantities. 7. Lessee shall have the use, free from royalty, of water, other than from lessor's water wells and of oil and gas produced from said land in all operations hereunder. Lessee shall have the right at any time to remove all machinery and fixtures placed on said land, including the right to drew and remove casing. No well shall be drilled nearer than 200 feet to the house or barn now on said land without the consent of the lessor. Lessee shall pay for damages caused by its operations to growing crops and timber on said land. 110 8. The rights and estate of any party hereto may be assigned horn time to dine in whole or in part and as to any mineral or horizon. AU of the covenants, .ligation, and considerations of this lease shall extend to and be binding upon the parties hereto, their heir successors, assigns, and successive assign No range or division in the ownership of said land, royalties, or other moneys or any part thereof, howsoever effected, shall increase the obligations or diminish e rights of lessee, including, but not limited to, the location and drilling of wells and the measurement of production. Notwithstanding any other actual or .nstructtve knowledge or notice thereof of or to lessee, its successors or assigns no change or division in the ownership of said land or of the royalties, or her moneys, or the right to receive the same, howsoever effected, shall be binding upon the then record owner of this lease until thirty (30) days after there is been furnished to such record owner at his or its principal place of business by lessor or lessor's heirs, successors, or assigns, notice of such change or vision, supported by either originals or duly certified copies of the instruments which have been properly filed for record and which evidence such change • division, and of such court records and proceedings, transcripts, or other documents as shall be necessary in the opinion of such record owner to establish to validity of such change or division. If any such change in ownership occurs by reason of the death of the owner, lessee may, nevertheless, pay or under such royalties, or other moneys, or part thereof, to the credit of the decedent in a depository bank provided for above. 9. In the event lessor considers that lessee has not complied with aU its obligations hereunder, both express and Implied, lessor shall notify lessee in writ- g, setting out specifically in what respects lessee has breached this contract. Lessee shall then have sixty (80) days after receipt of said notice within which meet or commence to meet all or any part of the breaches alleged by lessor. The service of said notice shall be precedent to the bringing of any action r lessor on said lease for any cause, and no such action shall be brought until the lapse of sixty (60) days after service of such notice on lessee. Neither to service of said notice nor the doing of any acts by lessee aimed to meet all or any of the alleged breaches shall be deemed an admission or presumption at lessee has failed to perform all its obligations hereunder. Should it be asserted in any notice given to the lessee under the provisions of this paragraph at lessee has failed to comply with any implied obligation or covenant hereof, this lease shall not be subject to cancellation for any such cause except after final dicial ascertainment that such failure exists and lessee has then been afforded a reasonable time to prevent cancellation by complying with and dis- sarging its obligations as to which lessee has been judicially determined to be in default. If this lease is cancelled for any cause, it shall nevertheless remain force and effect as to (I) sufficient acreage around each well as to which there are operations to constitute a drilling or maximum allowable unit under spucable governmental regulations, (but in no event less than forty acres), such acreage to be designated by lessee as nearly as practicable sn the form of square centered at the well or in such shape as then existing spacing rules require; and (2) any part of said land included in a pooled unit on which sere are operations. Lessee shall also have such easements on said land as are necessary to operations on the acreage so retained. 10. Lessor hereby warrants and agrees to defend title to said land against the claims of all persons whomsoever. Lessor's rights and interests hereunder all be charged primarily with any mortgages, taxes or other liens, or interest and other charges on said land, but lessor agrees that lessee :his!: have the uzit ght at any time to pay or reduce same for lessor, either before or after maturity, and be subrogated to the rights of the holder thereof and to g ded the 'founts so paid from royalties or other payments payable or which may become payable to lessor and/or assigns under this lease. Lessee is hereby � en ght to acquire for its own benefit deeds, leases, or assignments covering any interest or claim in said land which lessee or any other party contends rs out. anding and not covered hereby and even though such outstanding interest or claim be invalid or adverse to lessor. If this lease covers a less interest in the oil. as, sulphur, or other minerals in all or any part of said land than the entire and undivided fee simple estate (whether lessor's interest is herein specified or ot!. nr no interest therein, then the royalties, and other moneys accusing from any part as to which this lease covers less than such full interest shall he ua only in the proportion which the interest therein, if any, covered by this lease, bears to the whole and undivided fee simple estate therein. All ro):airy uterest covered by this lease (whether or not owned by lessor) shall be paid out of the royalty herein provided. This lease shall be binding upon each party 'ho executes it without regard to whether It is executed by all those named herein as lessor. 11. If. while this lease is In force, at or after the expiration of the primary term hereof, it (s not being continued in force by reason of the shut-in ,ell provisions of paragraph 3 hereof, and lessee is not conducting operations on said land by reason of (1) any law, order, rule or regulation, (whether or of subsequently determined to be invalid) or (2) any other cause, whether similar or dissimilar, (except financial) beyond the reasonable control of lessee. he primary term hereof shall be extended until the first anniversary date hereof occurring ninety (90) or more days following the removal of such delay- ing cause, and this lease may be extended thereafter by operations as if such delay had not occurred. 13. Within thirty (30) days prior to the expiration of the primary term of this lease, or if operations are being conducted on said lease or land pooled herewith at the expiration of the primary term in such manner as to maintain this lease in force, within thirty (30) days after the completion of a dry hole esu lting from such operations, lessee may extend the primary term of this lease as to all or any part of acreage then covered hereby, for an additions! (lie Si )ears beyond the initial primary term, by written notification of action taken and by milking payment to lessor or to lessor's successor in interest as re. jested by notice to lessee pursuant to Paragraph 8 hereof, or to the credit of lessor or such successor in interest in any depository hank named herein or s an. amendatory instrument in the sum of S— —_ for each net acre as to which the lease is so extended. If this option 1, •sernsed by lessee, the lease AS extended will thereafter he treated as if the ont,inal primary term had been five (5) years longer. 111 )0 7y.L4 WITNESS WHEREOF, this instrument is eseclt s '" t. (--1-16".") '� ar, �1/.,,.... __..SE SL) " L.�4�si� - *swam, • , lei. A 4 E. Starnes (SEALI I // _ f "'. ��ffel,1 Ll1 ,P' (SEA[1 �J A An Starnes _ JOINT . Y NG s.S WLEDCMENT Jf IMISSISSI•• BAMA-FLORIDA) STATE OF ,j ri n4 COUNTY OF L ee I hereby certify, that on this day, before me, • Hu h E. Starnes and duly authorized in the aforesaid H state and county aforesaid to take ackaowledgments, personally appeared g Judy Ann Starnes ' to me known to be the persons described in and who executed the foregoing instrument and r be Of acknowledged before me that,being Informed of the contents of the same..— t be y voluntarily signed and delivered the within and f rein mentioned. P. k • AIIT � ,_J day of n'IQ re-h . A.D..200 7 Given under km, a (Affix Seal) 11.7.:„':. EXPIRES:Septeniber15,20)7 -e-5.,;. BaddNNU flan KM Utdre lnt ' 1-0)/'" . L Ail-,-,1,c(4, /VCJer d, Cr,,n(p!t (Title of Official) !`!y commission expire( /' IS -67 in and for f Ler County. f rti- ' WITNESS ACKNOWLEDGMENT (MISSISSIPPI-ALABAMA-FLORIDA) STATE OF COUNTY OF I, • in and for the aforesaid jurisdiction. hereby certify that a subscribing witness to the foregoing instrument, known to me, appeared before me on this day, and being sworn,stated that the grantor(s), having been informed of the contents thereof, voluntarily executed and delivered the same in his presence, and in the presence of the other subscribmt witness,on the day the same bees date; that be attested the same in the presence of the grantor(s), and of the other wine s,and that such other wnmess subscribed his name as a witness in his presence. (Subscribing Witness) Given under my hand and Official seal, thin day of 20 (Affix Seal) (Title of Official) My commission expires In and for County. 112 CO Caracara Prairie Preserve Habitat Management Plan—Appendix E. Cattle Lease Agreement LEASE AMS THIS LEASE AGREEMENT entered into this ow• day of Jc'- 2007.between HUGH E. STARNES whose mailing address is 37i McGregor tioukvard,'Fat Myers. Florida 33901. heranafkr refereed to as"LESSEE".and COLLIER COUNTY,a political subdivision of the State of Florida. whose mailing address is 3301 Fast Tamiami Trail, Naples. Florida 34112. hereinafter referred to as "LESSOR". WITNESSETH In cnasuleration of the mutual covenants contained herein, and other valuable consideration.the partiei rinse as follows. ARTICLE I. Pemistd Plpasises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Tlwcc Hundred Slaty- seven point seven(367.7)acres of eavperty described in Gcbibit"A'which is attached hereto and made a part of this Lease.hereinafter called the"Demised Premises'.situated in the County of Collier and the Slate of Florida,for the sole purpose of cattle`razing This LEASE AGREEMENT may be amended from time to time in order to change the size of the Demised Premises as necessary-to accomplish the goals.policies,and objectives of the Conservation Collier Implementation Ordinance (Ordinance 02-63. as amended). LESSOR'S representatrse (e.g.. Real Estate Services Stan)shall advise LESST.E,in writing.of its intent to recommend that I FSSOR amend this!.EASE AGREE.MENT. ARTICLZ 2. Terns of LOS LESSEE shall have and bold the Demised Prceiscs for a term of three(3)years.commencing un the date LESSOR executes this Lease LESSEE is granted the cstiora,provided LESSEE is not in default of any of the terms of this Leone,to renew same for lay(2)additional terms of one(I)year each.under the same terms and condition., except as to the rental amount. as provided Inertia,by giving written notice of LESSFI% intention to do so to the LESSOR not less than thirty(30)days prior to the expiration of the leasehold estate hereby created. LESSOR reserves the right to deny LESSEE,In writing,of any renewal Ikon Said itotu c shall be effective upon placement of the notice in an official depository of the United States Post Office,Registered or Certified Mail.Postage Prepaid. ARTICLE 3. &al LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the awn of Three Hundred and Sixty-eight Dollars and No Cents(33611.00)per year Said annual rent shall be paid in full upon shitty(30) days from the date in which this Lease is executed by the LESSOR LESSEE will also he resporetlbk for the payment of additional rent as provided for in ARTICLES of this Lease. In the event LESSEE elects to renew this Lease,as provided for in ARTICLE 2.the rent set forth in ARTICLE 3 shall be rncreau'd utilizing the nsethod outlined in ARTICLE 4. LESSOR resenet the right to t -rninatc this Lease.with or without cause,by providing LESSEE with thirty(30)days written notice to the address set forth in ARTICLE 11 of this I ease Said notice(hall be effective upon plowmen;of the notice in an official depository of the Called States Post Office.Registered or Certified Mail,Postage Prepaid. ARTICLE S. Ramie]Term R4nl In the event I F.SSFF elects to renew this Lease.as provided for in ARTICLE 2,the rent set forth in ARTICLE 3 shall be increased for each ensuing one(i)year rcncaal term by five(5)percent from the previous year,compounded. ARTICLE 5. t)1 her Edsoenss3.spd Chances LESSEE shall pay all costs associated with the maintenance of the Demised Premises and any and all utility charges,if applicable. 113 ARTICLE fA Modifications to> Pranige Prior to mahine lay chanps,alterations,additions or irwprsratseets to the Demised Promises.LESSEE +ell provide to LESSOR all pmporall and pans for aherwiwns, 'atomsemcnts,channel or additions to the Damned itemises for LESSORS written appirnhl specifying in resin, the nature and trident t of the desired alterntion,improvement,change,or addition.;Able with the contemplated starting and o*npktias time fur such pealed LESSOR or its designee will then haw sixty(60)days within which lo approve cr dons in writing said request for changes, improvements, aheratiru co- additions. LESSOR shall not unreasonably withhold its x,nsent m required or appropriate alterations, improvements,chanter or additions proposed by LESSEE. If alter sixty(60)dark dare has been no response Irmo LESSOR or in designee to said proposals or plans.then such silence shall be deemed as a denial to such request to L I SSE LESSEE covenants arid agrees in conrresl'un M ith any maintenance.repair pork,creasers,rumtructlon. improvement,addition or alteration of any authorized modifications,additions or imprasemeats to the Demised Pre>ises,to obscr a and comply with ail them and future applicable laws.ordinances,rules, rem:te ions, and requirements of the United States of Ame'ciea,State of Fkreids,County of Collier,and any and all governmental agencies. All ulcerations, improsecnenta and nIdnti!xis to the Demises/ Premises shall et once. when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this team at any renewal term t erecir, or within thirty (30)days thereafter, if LESSOR so directs, L[5SEE shall promptly remove the additions. imprp•> alterations, fixtures and installations which were placed in,on.or upon the Demised Premises by LESSEE.and repair any datstageoccasioned to the Demised Premises by suds removal:and m default thereof.LESSOR may complete said reesnsak and repairs at LFSSh1'S cxpe ace, LESSEE cosecants and agrees'ml to mac.‘P.Yaupy, sulTcr or permit said Demised prvwsues or any pat thereof to he used at occupied for arty queens contrary to law or the rules or regulations of any public authority. ARTICLE 7. A:esm to Qcrosscd F'rrrrtim LESSOR.its duly authorized agents,representatives and rsnpioie'c1,shall have the right to enter into and up et the Demised Premises or any pert thereof at any time,without notice to the LESSEE.for the purpose of eusnining the sane and making repairs, inspecting or curing a default or nuisance,Of Feo.•drng matntenence sets ice therein,and for the purposes of inspection fur comp linnet with the provisions of that Lease Agreement. If LESSOR should seed to utilize the property for any length of'Mt_for any purpose,the LESSOR ahnli edv be the LESSEE of its intentions by oral notice ARTICLE Ile ismiumcnld ahicuitg LESSEE cos-emits and agrees not to assign this Lease or to sublet the whole or catty part of the LDetnised Premises,or to permit any other persons to occupy some without the written consent of LESSOR.. Any such assignment or subletting. even with the concern of LESSOR, shall not relieve L.ESSEL from liability foe proem of rent or abet sums herein pro.ided at from the obligation to keep and be loud by the terms, conditions and covcruarrs of this Lease.The acceptance tance of rent from any other person shall not be deemed to be a.salver of any of die provisions of this Lease or to be a consent to the assignment of this Lease at sublettiisg of the Demised Premises. ARTICLE 9, Indannity LESSEE, in caasidendion of Ten Dollars (510.00), the receipt and sell/Limey of wfikh is hereby acknowledged,shall indemnify,defend and hold harmless LESSOR,its agents and employees from and against any and all liability(summory or othensist),damages,claims,suits,demands,judgments,costs, interest and expenses (Including, but not muted to,attorneys' foes end disbursements both st test and appellate, levels) arising,directly or indirectly, from any assay to, or death of, any person tar aerwrms at damage to property (including buss of are thereof)related to(A)LESSEE'S use of the Denoted Premise~.Oil ars work or Mktg whatsoever done,or any cotodlutin created(vows than by LESSOR,its employers.agents or contractors)by or on behalf of LESSEE a at about the Demised Premises,(C)any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under Mrs Lease,or(D) any act, omission or negligence of LESSEE or its agents,contractors, employees, subtenants, licensees or invitees, in cox say a;tion or proceeding is brought ught ugainst LESSOR by reason of arty one nr more thereof. LESSER shall pay all;seats,attorneys'fern.raperises and liabilities resulting therefrom and shall defend suck artists or proceeding of LESSOR shall so request, it I.ESSF espewae.by counsel reassutab!y austoclury to LESSOR. 114 The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by nther persons in the Demised Premises,or from the street or sub-surface,or from any other place,or for any interference caused by operations by or for governmental authority in constructing of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft,any property,occurring on the Demised Premises cc any part thereof,and the LESSEE agrees to hold the LESSOR harmless from any claims for damages,except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 10.(nterance LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier County Risk Management Department,for not less than an amount of One Million Dollars and Noit00 Cents ($1,000,000.00)throughout the term or any renewals thereof to this agreement. In addition,LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and ta1100 Cents(5100,990.00)each accident. Such insurance policy(ies)shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tarniami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten(10)days prior written notice to Collier County efo County Risk Management Department in the event of cancellation or changes in policy-0es)coverage.LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty(30)days in which to obtain such additional insurance. ARTICLE 1I.Mlaintenance LESSEE at its sole cost and expense,shall erect,if not already existing,and maintain a fence acceptable to LESSOR around that area of the Demised Premises which shall contain any cattle. This fencing is crucial in retaining cattle and preventing cattle from reaming offof the Demised Premises. LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at nll times. If said Demised Premises are net kept clan in the opinion of LESSOR. LESSEE'S manager will be so advised in writing. If corrective action is not taken within twenty(20)days of the receipt of such notice,I.ESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten(10)days of receipt of written notice of costs incurred by LESSOR. The LESSEE,at its sate cost,shall repair all damage to the Demised Premises caused by LESSEE,its employees,agents,independent contractors,guests,invitees,licensees,and patrons. The LESSEE,at its sole cuss,shall remove from the Demised Premises in accordance with all applicable rules,laws and regulations,all solid,liquid,semisolid,and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S business.Such trash,waste and refuse shall be stored in clascd containers approved by the LESSOR. ARTICLE 12.Default by LESSEE Failure of LESSEE to comply for thirty(39)days with any material provision or covenant of this Lease shall constitute a default.LESSOR may,at its option,terminate this Lease after thirty(30)days written notice to LESSEE, unless the default be cured within the notice period(or suet) additional time as is reasonably required to correct such default). However,the occurrence of any of the following events shall constitute a default by LESSEE,and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation, (b) Falsification of LESSEE or an agent of LESSEE of any report rcqu ired to be furni.th d to LESSOR pursuant to the teats of this Lease, (c) Filing of insolvency,reurs aniration,plan or arrangement or bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment fur the benefit of creditors, (I) If LESSEE suffers this Lease to be taken under any writ of execution. 3 115 CA° In the cram of the occwcence of any of tae femora&defaults m this ARTICLE,LESSOR.in addit ion tau any other rights and remedies it may Me,shall lire the immediate right to re-eater aid remove all persons and property horn the Demised Premises.Such property may be removed and sliced in a public warehouse or elsewhere ar the scot of and for the meant of LESSEE.a0 withpvt service of melee or retotl to kful proms% anal without being deemed rt'ri ty of',evils I,ar being liable for any bsa or damage which may he.wI:waisted thereby. IN LESSOR may at its option semitone this Lase tiler resxtpt by UiSSEE of*say(30)days nonce In writing Fla lien is filed aghast the property a the leasehold interest of the LESSEE.aid nd removed widen thirty(3D)days by LESSEE.pursuant as the Florida Meclrmies Lien Law, If(LESSEE lilt to pry the rental arrnouot or any additional chat es when due to LESSOR M specified la this Lease,and if said amounts remain unpaid f o r more than ten(14)days part the dye date,the LESSEE shall pay LESSOR a Tate payment charge equal to foe(5) percent of HO)payment not paid peompdy when due, Any amounts not paid promptly when due shall also accrue compounded nstcreN anon(21 pe+cerlt pet month or the highest mil esat ran then alkmctl by Florida Ia*,whichever Is higher.which imere t shall he paid by LESSEE to LESSOR, ARTICLE 13. default by.L# 111 LESSOR shalt in no event be charged with default it die performance of any of its obligations herentsdcr unless and until LESSOR shell have failed to perform such ohligarinm within thirty flit)days for tt I f SSDft'S sole discretion,such additional time as is reas.rubly motored to sunect sues default)alter notice to LESSOR by LESSEE properly specifyirn3 wherein LESSOR SSOR has faded to perform any such obligations. >,ltTlt'I I. I4,dglim Any notice which LESSOR or LESSEE may be required to govt to the other party shall be in writing to the other party at 1114 rollaway anldrenet! LESSOR: LESSEE Board of County Commissioners Mr.Hogs E.Starnes cho Real hupery Mgprl I)cM 3715 McGregor Boulevard 3301 Tamiami Trail bast Fort Myers,Florida 33901 Administration Striding Naples,Florida 34112 cc: Office of the County Attorney,7301 Tamiami Trail Fist,Napes,Admtnratratioa Building,Naples.Florida 3411I Cas 'satloe Collier Coordinator.3301'familial Trail Easily Naples,Ceder County Fictlities Malone neml Dept_Naples.Florida 3-1111 ARTICLE IS.Starrender of?Meths* 1* LESSEE shall remote any improvements completed by LESSEE prior to the expiration of this Lease ad shall ddrvet up and torrential'to 1-FSSOR poraeatlon of the (emitted Memises and any improvements not removed upon espiratbwt of this Lease,or Its atelier to n laation as herein provision.in at good condition and repair as the same shall he at the commencement of the term of this Lease or may have been pea by LESSOR or LESSEE during the continuance thereof,ordnury wear and tear and damage by fire or the elements beyond LESSEE'S cantn,f excepted. ARTICLE 16.t,aetae{7I Penxjilott) LESSEE agrees Maintain cork within the Demised Premises ad prevent earls fnms rosining oft of the Derniaed Premises. LESSEE shall be allowed to maintain no more turn one hundred 1't001 herd of cattle at the Demised Premises LESSEE shall have the right to camp overnight as the Ik+nrsed Preemies.at LESSEE'S own risk„and dull be required to obtain any necessary puosits.If required,for dos use, LESSEE declares that he is lionised to operate a 22 caliper rifle and LESSEE acknowledges use of that rifle only when deemed necessary es to destroy sick Celli, LESSEE.asknowledgs that there shall be no game hunting or any dispensaboa of firearms by I.E SE.E or his invitees upon the Demised Preerites_ 116 ',ESSElG fully araletstaods that the pollee mid law enforcement security protection molded by law ciifacaentatt aspersties for the ebtwrrrefreenued Demised Premises is limited is dun provided to are eta Noisiest or agency reused n Collier Count', and acknowledges that any special tec+anty meautcx domed necessary fur additions!prutcetiun of the Demised Premises shall be the cle nre7wnr bil it}°aitrd wart,,I I_i•S-SEE and shall involve no emote expense to LI.SSOR_ LESSEE expressly Agnes fat astir, ita successor and assigns, to retain from any use of the Demme! penman.bk i week! interfere with or adversely affect the operation or maintenance of I,I SORS ctarvdard opeatrons where odser operations share common faeifitic,. (a) Rights net specifically rinsed the LESSEE by tins Lease aru hereby reserved to the LESSOR, lb? LESSER egrets to pay all r.ks tai' imposed on the rental of the flrnntrd Prrmirea whets Ap rli abk arida law, (C) LFSSEF aotef 10 pay all lntang bk pertunul property loxes that may be impeaud dint to 11w creation.by dw I eaac, if a kusw1Nokl mien-0 in the Demised Rrtmhei or U SSEI:'S pouesston of said leasehold ]stns idle )rreix►t Prcnisei. id! LESSEE dial] rot perform any environmental property management ham, such■M, but not I,.nuird to. Dormant/fumes,]!ot 4Cgetation,unless prior approval hi granted by LESSOR (et LESSEE adlaoarlixless that LESSOR may allow limited mammal Iittntinpt under 11w super.iliac of Ow Florida Wildlife sad CosservatktnCommission upon the Minkel I'rernitt' (f) LESS may entgngte a Range Conaervslloniat to develop ii loth-range management plan for the Dewitad Pwu has. LESSEE . Arruerlcdges that lie wall cooperate with LESSOR and any plan"nun may develop for the ntnviw.+d f renal]].as a result of future Weaning. LESSEE also ackiwwlodger that LM OR may elect to fades the cvalaate4 urge f'r tnitiption porpoises rtlttac-Lr 17 ifkINIVIV,111,KillNalt1 LESSEE repesent•, warrant, and Agree% to indemnify,reimburse, defend and bold harmless LLS.[)R. Rolm and mama all cwt.. Cleeluding attorneys furs) awned a1lainst, Imposed on or incurred by I SiOft directly or ague ply pursuant to or in connection with the application of any federal. Maw, Inca" -a too mum law inlatIng be pollatiion nr pnc ceuon of the env immoaant. ARTICLE IS liamagaillla All persons as whom there presents may come are put upon notice of the fan that Ow lace]]ti of the LESSOR iA the Demur.'Prcanises shall not he subject to Bens for Improvements made by the I ESSF.E,sad lams for iimpoep.effkon%mark by Ow LESS I are specifically prohibited 1 iwi stuchiug to ur Memos g a lien on the Mawr*of the LESSOR in the Wooed Premnisus or any part of either. This nutke is Riven purser*in Ow provisions of And in aarnpiancc with Section 713.10,Florida Statutes ARTICLE It!arm NO hewn of LESSOR to enforce any terms on conditions herein shall he deemed to be a waiver. ARTttrf.S 20.gaMita. This Leave shall become effective upon execution by hatlt LESSOR and LESSEE. AR1101-1.21_ " ,a I iii]_east hull be uo►c-rrt1 and construed m ocrardattcc with the tows of the Spit of floats 117 4:1 IN WITNESS WIIEREOJ'. portic9 hzn:ra hau hetettnder sea forth rh'ir nn ni mJ.r.,ls AS TO TFBF LESSOR: ,+ y DATED /"" 0 f ATTf yl '+41. BOAR')OF CUR'S TY Ca i"Itcti:, NI-RS U r' ftRtit.7,,L:' J. COWER COU; QRM.. �i.� � pefa Cleric JAMkS,y„ -'" -. Attest,, l-°1141 s / AS TO LESSEE. DATED:__ x-11/6'? h'E'y'Tftl .LINF_SS(sior — IIIIGII E IARN IES _ Ab i Tiler imam) 2 firae A- V.IfNF• rune) f G'ifl'I_ �" fYl LtyrC>r{ iprinl� �} grrrnvsl as 6)& tea lepall wf(ici.ncy: �� f C IL a...-a Je r: t�tdiu. 9UM C.'awr1T Atwr PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST,OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (EAST,OF COLLIER COUNTY, OUTH, RANGE ?8 FLORIDA.LORIDA. EXCEPT SELLERS RESERVE ANY OIL, GAS, AND MINERAL, RIGHTS OWNED BY THEM AS SET FORTH IN ANY PREVIOUSLY RECORDED DEED. 1 1g FIRST AMLN MENT TO LEASE AGREEMENT 1•111S FIRST AMENDI,IENT TO LEASE AC.CEEMENT catered into this thy of 201b et htsples, Collier Crusty, Florida by and between HUGH' E. STAILIMS, whose nulling Wrest Is 371$ MtCrcgor i3asilevarcl. Fort Myra, Flexita 334(11, lterclkie:1a referred to as "LESSEE."sod COLLIER COUNTY, a points! aabdt•isinn of the Susie of Fktrida, whose mailing address is 3301 East Tartsi:mu'frail.Naples,Flaride 34112,hereinafter referred to as"t.FSSOR.'• WIFNESSETFl W1IEREAS. ltudh E Slurries and Collier County, have previously entered into a I ease Agreemern dated July 24, N.107:aid WHEREAS,the I.FSSOR.me LESSEE are desirous of erne:144 6 chc Lea1Se Asrt tricot:and WIIEA,Er1S, It err term rxtensier s voided by the Lense Agreement ate utilized, tie scan n(t)e Lase Agreement will terminate or Ialy 24,2012; and WHEREAS. Flush R :Starnes and Cattier County detzrc to GR*mt :he lam tat etc Lease to December 31.1014 with pc rubto 174 unsion3 to be ncs;rtatcd:it*;he tau r, M.1W I1jEREFORE, in col-tide/aim at the envenoms and agreements pritn ided 'vithin coil Leese Notentent dated July 24.20U7.arts Fes Dnitars(51006)and ether oalu.bte,h4 Biderntioa, sail Lexie Averment is hereby arseeded es foI!aw= Wards itiglating1 ore aided. WCre)a sash-UEsodgrs,k a deleted. 1, Article 2 of the Lease Averment is amended u fnllo+vs: LFJSEE shall have and told the Usrnieed Prorsi3cs with Dec jibtat 31. 7') j. -ra--tom t smell ameowtr - - ion+a .-onie-tl.of not into 414 -Its mpiwtion-«semi►+-Frasolni 3 fi&Of(-teieeriri t1!i rioter4.--dt+rri- ,FrES -tr•-writhe - ,: ... :: ,; placate+ nosi ee i .. _ - -• .. i"-+hrtifie+f hlelorliEwalteftelpsit- 2. Article 3 of the Loses Agreement is amended ea fallow, LESSEE hereby co vaunts and agrees to pny in rent for the Demised Premises the sure((three hundred and 31xty°-eh;hi Dolan end lie CMS 436$,00)per yeti. Said annual rent dull be paid is full trrpoa the shirts()0)air fro Iho t3illc in which this I.tase is element by LESSOR. LESSEE will Also be respoaai lk for the payment of:i4dirionai moo egt1f as provaied for in ARTICLE 3 of this Lease. LESSEE stall off-tea rant bx aswwiort 1 ec anCg. 4wr t its$!h�t4lt alhp{sac„.-•• s clwnn tkt tSG t]SII lsxl Exhi1►It tee if rne�in,,} ctin at lessunc slue pet ziu. LESSEE wi pew rant is the vrn..gf 0oo POW end;Yo unit 1}j P ,artery, 4. Adiele6 ref the Lease Agreement is Amended ss foibwa: Prior td making any ctttutgcs,Amnions, minim or innpttsvetnients, igratidmillAniptolgmais made wd_the 'i.tn�tal I sit_ lt�nsery?tioei Se rk F2n a IEIi Pmorerrt to the Demised Premises. LESSEE will provide Ia LESSOR all proposals sod plans for altenticmt, Impravemc,nes amps or Additions tattle Demised Premise, for I,ESS431i'4 w.i 5n spprovai,specifying in wilting she rents and xtera of the detired eltcrntitn4 irnprol.anranI.ctsnge, or rtldttbsi, along With the CO*tanptited Starting and to+Rtptction time for aut:h profit, LESSOR or Its datgaoe will then hove suety (60) days within which so approve ur• deny in writing said request for change&Inicroreeranls. thermions rr additions. 119 •\ 10D LESSOR snail not unreasonably withhold itis co seeI to required or appropri a all rarwns, Improvements, change" or additlom proposal by LESSEE If after slaty 601 days there has been no response from LESSOR or its designee to said propoutia or plants.then such alone shall be,teemed as a denial to such request to LESSEE. LESSEE. covenants and agrees in connection with arty maintenance, repair wane. erection, aosgtwOoo. improvement. addition or alteration of any authorized modifications, additions at improvements to the Demised Prtreiscs,to obsene and comply with all then and future applicable laws, ohllrnuucs. rule, regulaniuns, and requirements of the United Shpts of America, State of Florida. Country ofCollier,and any and all governmental ageneles. All alterations. improserrienu and additions to raid Demised Premises shall at once,when made or mulled.he darned as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal lerm thereof,or wnitin thirty(31))days thereafter.if LESSOR so directs, LESSEE shall promptly ;esno.e the a,lditpens, improvements, Mentions, Rasurea and intaalIa rons which were placed irt, on, or upon the Demised Premises by LESSEE, and Eclair any darrtale LVCALsioned to the Demised Maniacs by such removal; and in default thereof, LESSOR may cw-►pieic said removals and repairs at LESSEE'S enpenit. LESSEE covenants and agrees not to use,occupy,suffer or permit said Demised Premises or any pan thereof to be used or occupied for any purpose contrary to law or the rules or rcgularicns of any public authority 6 ,Amick IS of the Lease Agreement Is nmtrtded as follows: LESSEE shalt remove any improverneras completed by LESSEE,u,spegilicd in Aptigl.6 of the Leas,prior to the expiration of this Lute said shall deliver up and surrender to LESSOR possession of the Demised Premises and say unproveme is not remaml upon expiration of this Least.w us eviler terminatioe as Aerein provided, in as good condition and repair as the same shell be at the commencement of the term of ten, lease or stay hue been put by LESSOR or LESSEE during the continuance thtraof, ordinary wear and tear and damage by Ere or the elements beyond LESSEES control excepted Except as cxpress!y pro.ided herein. the Lease Atreenerd kik-aims (Hugh E Sumes and Collier County, for die utilisation of the Demised Premises described in said Lease Agreement deed duly 24, 2007,ranee"in flsel force and effect according to the terms and condinises contained therein, and acid pons sad conditions are applicable hereto except as expressly provided other wise herein IN WITNESS WHEREOF, the LESSOR urd LESSEE have hereto executed this Tint Amendment'came Agreement the dry and year first above winless AS TO CUEL4L5//o..ESSSEE: , j'' DATED: ,... f3Y: HUGH E. ST RNFS et r I Witre'"IS• i Pnnr Nome) AAA.. 54 i tneaa(Signature) __act•, c i , E•01- (Print Varney AS TO THE LESSOR; 120 ion DAMN /19//0 i!OARDOf COUNTY O l Tii)1C_,ts.•ATTEIT- ..' coLLliit COUNTY.iixiiumil mix&E it.dais, �r _ t .ii!�`a` i it FRED 1i' COYLE,[mars 11014111n ' PPOVrld al b Pam sod kid rufTcux?• is+rsdfer iti Jtasiani Cc+esr?A rdstera A. ...4 Cmsssrs!mirq rrssrrr&s Paws aim I am iii, tir-L.ji . M 1 T f i . , ,, ......9,,, _..., . ,.. _ cassis _.._. . w...., . ♦ cam►-W._l..w...1 . ' tteKd t ti ---__ 121 16E3 -a.se K'ti' I I?I SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this � day of , :ri I at Naples, Collier County, Florida by and between HUGH E STAINES, whose mauling address is IS . cCrreenr Boulevard, Fort Myers, Florida 13901, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1249 Tamiami Trail East, Naples, Florida 14112, hcreinallet referred to as"LESSOR" WITNESSETH WHEREAS, (Hugh E. Starnes and Collier County,have previously entered into a Lease Agreement dated July 24, 2007 and a First Amendment to Lease Agreement dated No4ember 9,2010,and WHEREAS,the LESSOR and LESSEE are desirous of amending the Lease Agreement,and WHEREAS, tf all term extensions provided by the Lease Agreerneat and First Amendment are utilized,the term of the Lase Agreement will terminate on December 31,2014.,and WHEREAS, Hugh E Starnes and Collier County desire to extend the term of the Lease to December 31,2017, with possible extensions to be negotiated in the Ileum NOW 'I'HLREFORIi, m c owl dcrauon of the covenants and agreements provided within said Lease Agreement dated Juty 24, 2007, and Ten Dollars tS I0.00)and of her v-ahrable consideration, said Lease Agreement is hereby amended as follow. Words underlined are added Words steek throuttli arc deleted 1. Article 2 of the Lease Agreement is intended is Icillow v LESSEE shall have and hold the Demised Premises untd December 31,20I 7 2444 122 i r 16E3 Except as expressly provided in the First Amendment to Lease Agreement deed November 4, 2010, and heresn, the I ease Agroanent between Ilugh F Starnes and Collw County,for the uttltrntion of the Demised Premises dcscrilred in said Lease AIo ernent dated l'uly 24, 2007, remains in (till force and ctText according to the terns and conditions contained therein.and said terms and conditions are appFicable hereto mere as expressly provided otherwise herein IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second Amendment to lease Agreement the day and year first above written AS TO THE LESSEE: DATED: 7/1 a/L} BY: HUGH E. TARNES ( 11 ess(Signattrt:) e -e7Porn Name) V at tQ 11,13. Witness(Signature) V1 ,1e te. Sowtis (Print Name) AS TO THE LESSOR: D 'iED' HOARD OF COUNTY COMMISSIONERS, 123 0 Caracara Prairie Preserve Habitat Management Plan— Appendix F. Service-approved Pesticide List Service-approved Pesticide List South Florida The following list of pesticides has been approved by the U.S.Fish and Wildlife Service (Service)for ground application without further review. Aerial application may require further Service review and approval. Ground application means any chemical application method that is used to apply chemicals from the ground and/or water level by other means than fixed-wing airplane and/or helicopter. Aerial application means any chemical application method that is used to apply chemicals properties from the air by fixed-winged airplane and/or helicopter. Use www.greenbooknet or http://www.cdms.net to find the most recent chemical labels and MSDS sheets. Listed by trade name for information. Endorsement of particular products is not intended. [Common or chemical name is in brackets.] Herbicides: 1. 2,4D Amine,2,4D Amine 4,Weedar 64,Weedmaster,and all other trade names with the same formulation). [2,4-D,amine salt] Applications of 2,4-D to water must be reviewed and approved by the Service. 2. Accent [nicosulfuron] 3. Arsenal [imazapyr] (Only 1 application on a specific site per year) 4. Assure II [quizalofop p-ethyl] 5. Banvel [dicamba] 6. Basagran [bentazon] 7. Beacon [primisulfuron-methyl] 8. Blazer,Ultra Blazer [acifluorfen] 9. Callisto [mesotrione] 10. Clarity [dicamba] 11. Classic [chlorimuron ethyl] 12. Command,Command 3M,Command 3ME [clomazone] 13. Dual,Dual 8E,Dual Magnum,Dual II Magnum [metolachlor] 14. Escort [metsulfuron-methyl] 15. Exceed [prim isulfuron-methyl] 16. First Rate [cloransulam-methyl] 17. Frontier [dimethenamid] 18. Frontrow [cloransulam-methyl] 19. Fusilade DX,Fusilade II [fluazifop-p-butyl] 20. Garlon 3A [triclopyr,amine salt] 21. Garlon 4 [triclopyr,butoxyethyl ester] (only on basal spray,hack-and-squirt,or cut stump applications;not cleared to use as foliage spray) SFESO 2/05/08 124 0 22. Habitat [nnazapyr] (Only 1 application on a specific site per year) Applications of Habitat to water must be reviewed and approved by the Service. 23. Harmony Extra XP.Harmony Extra GT XP [thifensuifuron-methyl] 24. Liberty [glufosinate-anunonium] (Listed as an alternative chemical to Atrazine) 25. Lightning [imazethapyr] (Listed as an alternative chemical to Atrazine) 26 Peak [prosulfuron] (Only 1 application on a specific site per year) 27. Plateau [imazapic,ammonium salt] 28. Poast,Poast Plus [sethoxydim] 29. Rodeo,Pondmaster,etc. [glyphosate] 30. RoundUp,Glypro,Touchdown,etc. [glyphosate] (Listed as an alternative chemical to Atrazine). 31. Sceptor DG [imazaquin] 32. Select, Select 2EC [clethodnn] 33. Sencor 4, Sencor DF [metribuzin] (Only 1 application on a specific site per year) 34. Stam 4E, Stain M4 [propanil] 35. Storm [bentazon+acifluorfen] 36. Transline [clopyralid] 37. Velpar,Velpar L [hexazinone] Adjuvants: These are listed because of their low toxicity to aquatic life. This is usually only important for use on or near water, like when a surfactant is added to Rodeo. 1. AG 6202 (surfactant,not often used in agriculture) 2. Agri-Dex (surfactant—made by Helena) 3. Gelva 2333 (sticker) 4. Li-700 (surfactant—made by Loveland) 5. Quest (water softener,pH buffer,contains ammonia to enhance herbicide uptake) Insecticides: 1. Amdro,Amdro Pro [hydramethylnon] for fire ants 2. Bti—Dipel 10G,Dipel ES,Vectobac CG,Vectobac 12AS,Vectobac G,etc. 3. Tracer [spinosad] 4. Bt Corn(As directed in the new GMO guidance document that will be finalized in the future.) 5. Treated Lumber(Wood): Wood treated with copper chromated arsenic(CCA)is no longer being labeled by EPA for residential uses,including decks and boardwalks. The metals leached from treated wood are associated with effects to organisms growing on the wood and in adjacent sediments. Of the metals commonly used in treating wood,copper(Cu)is most likely to leach and is most toxic. Cu is used in the two most common alternatives to CCA. So,there currently appears to be no sound ecological basis for recommending Cu- containing alternatives over CCA. Creosote-treated wood also has environmental effects and like CCA,it is a cause of human health concerns. Treated wood can SFESO 2/05/08 125 be coated or sheathed with plastic to prevent some of these problems. Also, woods like cedar and redwood are resistant to attacks by microbes and insects without being treated. Wood substitutes, such as metal and recycled plastic boards, may be used. There is currently no adequate basis for estimating aquatic risk from treated wood. Environmental effects information was taken from EPA's preliminary risk assessment for CCA. Note: Many of the above chemicals warn of possible leaching into ground and surface water. Only a few of the chemicals listed actually specify a distinct buffer width on the EPA label. Applicants will abide by all EPA label requirements for all chemicals. 126 CA Exhibit "E" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST INVESTMENT POLICY SCOPE The Collier County Board of County Commissioners' Investment Policy shall apply to the "Trust Estate,"as that term is defined in Section 2.3 of the Trust Agreement. INVESTMENT OBJECTIVES Primary Objectives: 1. Preservation of capital and protection of investment principal; 2. Maintain sufficient liquidity to meet reasonably anticipated operating and capital requirements; and 3. Match assets to liabilities,to the extent possible. Secondary Objectives: 1. Maximize return and preserve purchasing power as measured by a noted market index such as the Consumer Price Index; and 2. Control risks and diversify investments through appropriate oversight and regular reporting. PERFORMANCE MEASURES Objective is to exceed the annual yield of the Florida Local Government Surplus Trust Fund(SBA). PRUDENCE AND ETHICAL STANDARDS: Investments shall be made with judgment and care (under circumstances then prevailing) which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the Chief Financial Officer any material financial interests in financial institutions that conduct business within this jurisdiction and they shall further disclose any material personal financial/investment positions that could be related to the performance of the portfolio. Employees 127 and officers shall subordinate their personal investment transactions to those transactions made in the portfolio, particularly with regard to the time of purchase and sales. Employees shall also disclose any gifts or entertainment received as a result of their employment in regard to the investments of the Clerk. Bond swaps are appropriate when undertaken in conformity with the prudent person test and overall portfolio objectives in order to (a) increase yield to maturity without affecting the asset liability match; (b) reduce maturity while maintaining or increasing the yield to maturity or (c) increase portfolio quality without affecting the asset liability match while maintaining or increasing the yield to maturity. The Clerk should not, however, have a policy against selling securities at a loss if undertaken in connection with prudent portfolio management. AUTHORIZED INVESTMENTS 1. Florida Local Government Surplus Trust Fund(SBA); 2. US Government Securities -Direct Obligations; 3. US Federal Agencies- Backed by Full Faith and Credit of US Government; 4. US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; 5. Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; 6. Repurchase Agreements (As defined herein); 7. Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; 8. Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based; 9. Prime Commercial Paper- Rated "A-1" and "P-1"; 10. Tax-Exempt Obligations - Rated "AN' or higher and issued by state or local governments; and 11. Now Account- Fully collateralized in accordance with Chapter 280 Florida Statutes, limited to Depository Bank/Concentration Bank. Limitation on Variable Rate Securities - Acceptable only if the rate is a straight floating rate that is set in a direct as opposed to inverse,relationship to a single index. Limitations on Mortgage Securities (CMOs) Mortgage Securities must: 1. Be issued only by US Federal Agencies or US Federal Instrumentalities; 2. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase; and 3. Have an average life or seven(7) years or less and have an absolute final maturity or no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the slated final maturity assuming no prepayments. 128 Specifically prohibited investments include, but are not limited to: 1. Interest only strips of mortgage backed securities; 2. Leveraged bonds; 3. Structured notes or financings other than mortgage securities that meet the provisions of this investment policy(permit callable and step up coupons); 4. Variable rate securities that set a rate based on an inverse relationship to an index; and 5. Variable rate debt that sets a rate based on more than a single index. MATURITY AND LIQUIDITY REQUIREMENTS The objective will be to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements(i.e.,match assets to liabilities)to the extent possible. Investment of funds shall have final maturities of not more than five(5) years,except for: 1. SBA-No stated final maturity; 2. Certificates of Deposit- 1 Year; 3. Repurchase Agreement- 90 Days; 4. Bankers Acceptance - 180 Days; 5. Prime Commercial Paper- 180 Days; 6. Fixed Income Mutual Funds - No stated final maturity. However, underlying US Government Securities and Federal Agencies have average maturity of one year; and 7. Mortgage Securities - Have an average life of seven (7) years or less and have an absolute final maturity of no more than fifteen(15)years at zero PSA. Utilization of Mortgage Securities: 1. Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date; 2. Mortgage securities should only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule; and 3. Mortgage securities should be used to prudently enhance the return on the portfolio. Exception for Refunding Bond Escrows - US Government Securities and Federal Agencies deposited into an escrow in connection with the refunding of a County bond issue can have a final maturity of more than five years. PORTFOLIO COMPOSITION This policy recognizes that the portfolio operates in a dynamic environment. Therefore, in the event the maximum allowable percentages are exceeded due to cash flow demands within the portfolio 129 1119 after the date of the purchase of the security, this policy does not force the sale of the security prior to maturity. Maximum Investment Type %of Portfolio 1. Florida Local Government Surplus Trust Fund(SBA)* 50% 2. US Government Securities 100% 3. US Federal Agencies** 100% 4. US Federal Instrumentalities** 100% 5. Certificates of Deposit 30% 6. Repurchase Agreements 20% 7. Fixed Income Mutual Funds 10% 8. Domestic Bankers Acceptance 10% 9. Prime Commercial Paper 10% 10. Tax-Exempt Obligations 10% * Does not include bond proceeds invested in construction funds established under a bond resolution. Funds in the NOW ACCOUNT will not be considered a part of the portfolio for purposes of this section. RISK AND DIVERSIFICATION The Clerk will diversify its investments by security type, specific maturity, dealer or bank through which financial instruments are bought or sold. Subject to the limitations under Portfolio Composition,the following are the limits on individual issuers or dealer or bank: • No limitations on SBA,Now Account, US Government Securities, US Federal Agencies or US Federal Instrumentalities; and • Limitations on other investments are 10% of total portfolio. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The Clerk will maintain a list of the financial institutions authorized to provide investment services. These shall include "primary" dealers and regional dealers that: (1) qualify under Securities & Exchange Commission Rule 15C3 (Uniform Net Capital Rule), (2) have capital of at least $50,000,000 and (3) have an institutional sales office and an institutional sales professional domiciled in Florida. No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Clerk with the following: 1. audited financial statements; 2. certification that no material adverse events have occurred since the issue of their most recent financial statements; 130 yO 3. proof of National Association of Securities Dealers, the registration (where applicable) or other securities registration; 4. proof of state registration, when required; 5. certification of having read and agreeing to abide by the Investment Policy and depository contracts in place in Collier County; and 6. a copy of the firm's established internal oversight and review guidelines controlling business with governmental entities. Each financial institution and broker/dealer must also agree to notify the Clerk in the event of material adverse events affecting their capital adequacy. Each institution and broker/dealer shall provide their written mark up schedule and guidelines to the Clerk. Each institution and broker/dealer shall disclose to the Clerk any proposed trade that would exceed the guidelines prior to executing the trade. The Clerk shall do a background check on each broker with whom they do business which shall, at a minimum, consist of contacting the State or NASD for regulatory & disciplinary dates which are maintained on brokers. An annual review of the financial condition and registration of qualified bidders will be conducted by the Clerk. A current audited financial statement is required to be on file for each financial institution and broker/dealer authorized to provide investment services. Criteria for addition to or deletion from the lists will be based on the following: (1) state law, Board of County Commissioners Ordinance Code, or Investment Policy requirements where applicable, (2)perceived financial difficulties, (3) consistent lack of competitiveness, (4) lack or experience or familiarity of the account representative in providing service to large institutional accounts, (5) request of the institution or broker/dealer, and (6) when deemed in the best interest of the Board of County Commissioners. If there are at least 10 trades executed in a single year through other than a competitive bid process, no more than 30% of the total dollar amount of sales and trades executed through other than a competitive bid process can be conducted with a single dealer. THIRD-PARTY CUSTODIAL AGREEMENTS All security transactions, including collateral for repurchase agreements, entered into by the Clerk shall be conducted on a delivery-versus-payment(DVP)basis. All securities shall be properly designated as an asset of the Clerk. Securities will be held by a third party custodian authorized by the Clerk and evidenced by safekeeping receipts or advice of the transaction. The third party custodian shall be a third party custodian bank or other third party custodial institution with certified fiduciary powers, chartered by the United States Government or the State of Florida and have combined capital and surplus of at least $100,000,000. The Clerk will execute third party custodial agreements with the banks and depository institutions. Such agreement will include letters of authority from the Clerk with details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of each party. 131 c.c� MASTER REPURCHASE AGREEMENTS 1. Each firm involved in a repurchase agreement must execute the Clerk's Master Repurchase Agreement which will be based on the Public Securities Association (PSA) Master Repurchase Agreement. 2. A third party custodian shall hold collateral for all repurchase agreements with a term of more than one business day. 3. Collateral requirements will be based on economic and financial conditions existing at the time of execution, as well as the credit risk of the institution which enters into the repurchase agreement with the Clerk. The market value of the collateral shall not be less than the following: Maturity of US Government US Federal Agencies Mortgage Backed Securities Securities and Instrumentalities* Securities Under 1 Year 101% 102% 103% 1 to 5 Years 102% 103% 104% Over 5 Years 103% 104% 105% *Excluding mortgage backed securities. 4. Collateral shall be marked to market at least weekly. 5. Substitution of collateral is permitted. BID REQUIREMENT The Clerk shall utilize the competitive bid process to sell and purchase securities, subject only to the exceptions noted in the Investment Policy. After the Clerk has determined the approximate maturity date based on cash flow needs and market conditions and has analyzed and selected one or more optimal types of investment, a minimum of three (3)banks or dealers must be contacted to ask for offerings of securities that fit the investment criteria. Documentation must be collected to insure that the securities meet Investment Policy guidelines and that price levels executed are consistent with market levels at the time. When selling securities, a minimum of three (3) dealer bids will be sought. Documentation of all transactions must be maintained. Examples of when the competitively bid process can be passed, include: 1. When time constraints due to unusual circumstances preclude the use of the competitive bidding process; 2. When no active market exists for the issue being traded due to the age or depth of the issue, (On a"work-out" basis); 3. When a security is unique to a single dealer, for example a private placement; and 4. When the transaction involved new issues or issues on the "when issued" market. If the maturing investment is a certificate of deposit, one of the contacts made shall be the present holder of the funds subject to portfolio diversification requirements in the Investment Policy. Due to 132 ;-T the cost of safekeeping, one business day repurchase agreements less than $1,000,000, and the overnight sweep repurchase agreement associated with the Now Account will not be bid. The Depository Bank/Concentration Bank shall be selected through a competitive process on a periodic basis that takes into account the quality and scope of service. INTERNAL CONTROLS The Clerk shall establish and monitor a set of written internal controls designed to protect the Trust's financial assets and ensure proper accounting and reporting of the transactions. The Clerk shall establish an annual process of independent review by an external auditor which will serve as an internal control by assuring compliance with policies and procedures. Internal controls will encompass at a minimum the following issues: 1. transfers of all funds (purchases, sales, etc.); 2. separation of functions including transaction authority from accounting and record- keeping; 3. custodial safekeeping; 4. avoidance of delivery of bearer-form or non-wireable securities; 5. delegation of authority to subordinate staff members; 6. written confirmation of telephone transactions; 7. supervisory control of employee actions; 8. identification and minimization of authorized investment officials; 9. documentation of decisions and transactions; and 10. documentation of complete description of mortgage securities purchased and yield tables at purchase date. CONTINUING EDUCATION Each individual responsible for making investment decisions including the Clerk, shall annually complete eight hours of continuing education in subjects or courses of study related to investment practices and products. Evidence of such education will be maintained by each individual and available for inspection. CHANGES TO THE INVESTMENT POLICY Changes to the Investment Policy may be changed with approval from the Service. Provided, however, that no such approval of the Service need be obtained if an amendment to the Investment Policy is required by Florida law. 133 c Exhibit"F" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST TRUST ESTATE The Trust Estate will be comprised of the lump sum amount of One Million Five Hundred Eighty Two Thousand Eight Hundred and No/100 Dollars ($1,582,800.00) (the Endowment Fund Principal) that the Grantor will tender to the Trustee for deposit into the Endowment Fund as well as any and all additional monies and funds deposited into the Fund and any income and earnings generated on the Endowment Fund Principal. 134 Exhibit "G" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST PROCEDURES AND REPORTING REQUIREMENTS Control of Funds 1. All deposits into the Endowment Fund shall be made via check or direct wire deposit and copies of deposit receipts shall be issued by Trustee to Grantor (with respect only to the Lump Sum Payment or "Deposit," as defined in the Trust Agreement) and the Service within thirty(30) days. The Trustee is authorized to establish a non-wasting, interest-bearing account for the Endowment Fund, and to hold this account for the exclusive benefit of the Trust. 2. Trustee shall maintain an accurate accounting of funds in the Endowment Fund including at minimum an annual balance sheet and income statement. Such accounting shall be separate from all other accounting of funds held by or managed by the Trustee. Funds in the Endowment Fund may be pooled with other funds held by or managed by the Trustee for investment purposes. 3. Trustee shall prepare, or cause to be prepared, an annual Financial Report for the Trust and submit it to the Service and or, upon written authorization from the Service, to any Service- approved Successor within one hundred eighty (180) days after the end of each County fiscal year(September 30). Such Financial Report shall satisfy and be in accordance with the reporting requirements under section 4.1 of the Trust Agreement. 4. Interest earned on all Trust funds shall be accumulated in the Trust. Disbursements 1. A five (5) year budget shall be prepared by Collier County for the operation and maintenance of the Property (Exhibit "A"). This budget shall be reviewed and approved by the Service, shall be in accordance with the Management Plan, and shall be in sufficient detail as to the specific type of expenditure to allow Trustee to fund annual disbursement requests from Collier County. 2. The budget shall be re-evaluated and re-approved by Collier County and Service every two (2) years for the first ten (10) years unless an interim budget change is requested by Collier County. Collier County may request an interim budget change at any time, but any such change must be approved in writing by the Service. After the first ten(10)years, the interval of re-evaluation and re-approval may be reconsidered with the approval of the Collier County, Trustee and Service. 3. The Trustee shall issue checks within five (5)business days after the receipt of any annual draw request submittal conforming to the requirements of this Agreement and Florida law. 135 C1 9£I •Aatiod 0141.u1tm aauuproaan ui apetu aq !lugs spun) s jsnJZ aq o luatulsanu! IIV •Z •.tolipne}uapuadapui 11unixa s‘aalsnii alp Act sisug Fiume ue uo paltpne aq !pm lsnii at' •I aau1p •1a4ng pug uuld luauloOpugui pano.Jdde aq4 to4m aaunpJo3ZY ui apruz spun] jo ainiipuadxa pui Tuauzaszngsip alp jo &ugunoaan !mum tin aainJas pue aalsnis, apino.Jd!pm icluno3 Jaillo3 },