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Backup Documents 09/09/2014 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT O1 • THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ade) q Ito kw-- 4. BCC Office Board of County T ‘>..< Commissioners /3/ 1L\' \1c\ 5. Minutes and Records — Please Clerk of Court's Office 1 r o.�Je c_'IeCS - C v1.c4-w..1 !S:*m l — •S'►e v41 i 1( D b 4.a i N C I e v K 1 S�q r•w 'lure O+^ PRIMARY CONTACT INFORMATION stTc e r+�en`fr Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is neede the event one of me addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Melissa Hennig/Parks and Recreation x. Phone Number 252-2957 Contact/ Department Agenda Date Item was September 9,2014 ✓ Agenda Item Number —. Approved by the BCC ••:16 Type of Document Trust Agreement and Conservation Number of Original 7 Attached Easement Documents Attached PO number or account number if document is 10 11...S. re+V et de es 4, /-1 I1SSa. — "1 rt Ai ay re Tv to be recorded 6 h p il n...I a l' Cdt INSTRUCTIONS & CHECKLIST c.�, c�dt ��K'!- Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (I ifs. ) A• licable) 1. Does the document require the chairman's original signature? ►1' /// 2. Does the document need to be sent to another agency for additional signatures? If yes, 14; N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on id and all changes made during the • meeting have been incorporated in the attached document. The County Attorney's — Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by le 711 BCC,all changes directed by the BCC have been made,and the document is ready or the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Hi Ann, 1lB Please just send everything back to me, and I'll take care of it. Thanks! Melissa Hennig Senior Environmental Specialist Collier County Conservation Collier Program 15000 Livingston Road Naples, FL 34109 Office: 239-252-2957 Cell: 239-289-2934 Fax: 239-252-6720 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Monday, October 27, 2014 9:15 AM To: HennigMelissa Subject: Item #11B 9-9-14 BCC Meeting Caracara Hi Melissa, I have all of the signed documents for Item #11B, from the Board's September 9th Meeting. 1 Agreement, conservation easement and documents to generate panther habitat credits from the Caracara Preserve to mitigate proposed impacts and budget amendments re: the Resource Recovery Endowment Fund Trust. It looks as though they have a few places to go: CREW; Florida Fish and Wildlife and also to U.S. Fish and Wildlife for signature(s) &approval. Do you want me to send these documents to the designated contacts within the organizations, or how would you prefer their delivery carried-out? Please let me know when you get a chance. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 2 11B Ann P. Jennejohn From: Hennig, Melissa Sent: Monday, October 27, 2014 10:31 AM To: Ann P.Jennejohn Subject: RE: Item #11B 9-9-14 BCC Meeting Caracara Yes. I'll make sure. Do you need to hold an original now? Melissa Hennig Senior Environmental Specialist Collier County Conservation Collier Program 15000 Livingston Road Naples, FL 34109 Office: 239-252-2957 Cell: 239-289-2934 Fax: 239-252-6720 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@ collierclerk.com] Sent: Monday, October 27, 2014 10:27 AM To: HennigMelissa Subject: RE: Item #11B 9-9-14 BCC Meeting Caracara O.K. Sounds good. I was told by the Finance Department they'll need a fully executed original copy of the Trust Agreement back to administer the fund. And we'll need one of the original Conservation Easements back to have it recorded in the County's official land records. So, how can I make sure original copies of the Conservation Easement and the Trust Agreement are returned to us? Will you take care of that? Thanks Melissa! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Hennig, Melissa Sent: Monday, October 27, 2014 9:44 AM To: Ann P. Jennejohn Subject: RE: Item #11B 9-9-14 BCC Meeting Caracara 1 118 MEMORANDUM Date: November 5, 2014 To: Melissa Hennig, Senior Environmental Specialist Conservation Collier Program/Parks & Recreation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resource Recovery Park Compensation Parcel Endowment Fund Trust Agreement between the Collier County Board of County Commissioners and the Clerk of the Circuit Court of Collier County (Trustee) Attached for further processing are three (3) original copies of the Endowment Fund Trust Agreement referenced above, (Item #11B) approved by the Board of County Commissioners on Tuesday, September 9, 2014. After the agreements are forwarded for the required signature(s) of U.S. Fish and Wildlife and have been subsequently returned, please return one of the fully executed original agreements to the Board's Minutes and Records Department. Upon our receipt of an executed original agreement we will provide a copy to the Clerk's Finance Department. I was informed the Finance Department must have an executed copy to oversee the Endowment Fund and to administer the Trust Agreement. If you have any questions, please feel free to contact me at 252-8406. Thank you Attachments (3) 11B EXECUTIVE SUMMARY Recommendation to approve an agreement, conservation easement, and all documents necessary to generate U.S. Fish and Wildlife Service panther habitat unit mitigation credits from Collier County's Caracara Prairie Preserve to mitigate for proposed impacts to panther habitat at Collier County's Resource Recovery Park and to authorize any budget amendments necessary to fund the Caracara Prairie Preserve Trust Fund in the amount of $1,582,800 for perpetual annual maintenance at Caracara Prairie Preserve. OBJECTIVE: To modify the Caracara Prairie Preserve Conservation Bank documents to provide panther habitat mitigation (2,272.7 panther habitat unit mitigation credits) for development of a substantial portion of the Resource Recovery Park at a cost savings of$346,100. CONSIDERATIONS: Since 2008, Collier County has pursued a conservation bank at Caracara Prairie Preserve that would provide panther habitat mitigation for different Collier County government projects. On February 23, 2010 (Agenda Item # 16E3) the Board approved Resolution 2010-42 creating the Caracara Prairie Preserve Trust Fund. On April 13, 2010 (Agenda Item # 16E9) the Board approved an Interlocal Agreement with Corkscrew Regional Ecosystem Watershed Land and Water Trust (a partial interest holder of the Caracara Prairie property), a Declaration of Trust for Caracara Prairie Preserve, the Caracara Prairie Preserve Bank Agreement, the Caracara Prairie Preserve Conservation Bank Conservation Easement, and the Caracara Prairie Preserve Endowment Fund Trust Agreement pending approval and signatures from U.S. Fish and Wildlife Service (USFWS), Florida Fish and Wildlife Conservation Commission (FWC), and Wildlife Foundation of Florida Mitigation Trust Funds, Inc. Those documents once approved and signed by the Board Chair and USFWS representatives, would have created a panther habitat conservation bank. On November 10, 2009, the Board approved the Conditional Use for the development of the County's Solid Waste Management Department's Resource Recovery Park under Resolution 2009-275 (Agenda Item # 7A). In 2010, discussion began regarding an evaluation of the mitigation needs of the future Resource Recovery Park project; the potential panther habitat unit mitigation credits (PHUs) that would be generated by the Caracara Prairie Preserve; and the potential benefit to the County both in cost savings and protection and preservation of its natural resources. While Conservation Collier staff, County Attorney's Office, Clerk of Courts staff and attorney, and USFWS staff and attorney ("mitigation team") worked to finalize the Conservation Bank Endowment Fund Trust Agreement and Conservation Easement for routing for signatures, permit planning commenced for the Resource Recovery Park. After it was determined that the Resource Recovery Park could utilize all 2,272.7 PHUs, creation of a Caracara Prairie Preserve Conservation Bank was no longer necessary. Accordingly, the mitigation team has worked to create a Compensation Parcel Endowment Fund Trust Agreement(Trust)which replaces the Conservation Bank Endowment Fund Trust Agreement. In addition to the Trust, a Conservation Easement from Collier County to FWC over Caracara Prairie Preserve and a Conservation Easement from Collier County to FDEP with third party enforcement rights to the Army Corp of Engineers and USFWS over the impacted preserve area of the Resource Recovery Park are required. Any additional PHUs and associated wetlands mitigation credits required for development of the Resource Recovery Park will be phased as allowed by budgeting and shall be purchased under the existing County contract from a mitigation bank; unless additional mitigation has been created through Conservation Collier's other properties. The use of Caracara Prairie Preserve for panther habitat mitigation will result in a savings of approximately $346,100 to the Solid & Hazardous Waste Management Department (Solid Waste). This 11B savings is calculated applying the current Board approved contract rates of $725 per PHU. Caracara Prairie Preserve PHUs will cost$572.71 each. Accordingly, the total credits available at Caracara Prairie Preserve (2,272.7 PHUs) would cost $1,647,700 if purchased through private mitigation banks but will cost$1,301,600 through the Caracara Prairie Preserve. The USFWS approval process also requires Conservation Collier to place $1,582,800 in trust for in- perpetuity management of the property. Staff received written confirmation from USFWS staff that the documents presented are acceptable. Additionally, the attached Caracara Prairie Preserve Conservation Easement requiring the chairman's signature is currently being routed for signatures at FWC. Staff received written confirmation from FWC that the Conservation Easement is acceptable and will be signed. FISCAL IMPACT: Funds for management of Caracara Prairie Preserve in-perpetuity ($1,582,800) are available in Conservation Collier Fund 174. The sale of the PHUs to Solid Waste for the Resource Recovery Park project will recoup $1,301,600 of these costs. Pursuant to the Environmental Resource Permit for the Resource Recovery Park issued by the Florida Department of Environmental Protection (FDEP), the Army Corp of Engineers Permit and the USFWS Biological Opinion Letter, phased mitigation for both PHUs and wetlands has been accepted. Therefore, the purchase of PHUs by Solid Waste will be phased over two fiscal years. The funds for the initial purchase of 1,044.132 PHUs in the amount of$600,000 are currently available in Fund 474 Project No. 59007. Solid Waste will purchase the remaining PHUs and pay the balance of$701,600 to Conservation Collier from Fund 474 Project No. 59007 in FY 2015. GROWTH MANAGEMENT IMPACT: This proposal supports Objective 7.3 of the Conservation and Coastal Management Element of the County Growth Management Plan, which requires the County to continue to implement programs that conserve and protect endangered and threatened wildlife species. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote—JAB. RECOMMENDATION: That the Board of County Commissioners approves the use of PHUs generated from Caracara Prairie Preserve for mitigation of a substantial portion of the proposed impacts to panther habitat at the Resource Recovery Park; authorize the Board Chair to sign all agreements and easements required by the permitting agencies, including the USFWS, once approved by the County Attorney's Office; to direct the County Manager or his designee to proceed to follow all appropriate procedures and record the aforementioned documents in the Public Records of Collier County, Florida; and to authorize any necessary budget amendments in fiscal years 2014 and 2015. Prepared By: Melissa Hennig, Senior Environmental Specialist, Conservation Collier Program, Parks & Recreation Department Attachments: 1)Conservation Easement,2)USFWS Acceptance, 3)Trust Agreement-due to the size of the Agreement,which is 14,985KB and 136 pages long, it is accessible at: http://www.colliergov.net/ftp/AgendaSept914/PubServices/9-9- 14%20BCC%20Meeting/16D 12844CaracaraTrustAgreernent.pdf 1 1 B RESOURCE RECOVERY PARK COMPENSATION _ � � 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 77/'• day of , by and between the Collier County, Florida Board of County Commissioners (the '^Grmntwr" or "Collier Coomty"), as well as its successors and assigns, and the Clerk of the Circuit Court ol Collier Counts' (the ^^1[numtee` or ^^C|crk") (collectively relrred to as the "Parties"). RECITALS /\. 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 ^^0SCO|K") after formal consultation under section 7 of the Endangered Species Act of 1973, as amended, on the 0SCO£'o 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 rory)' associated with development activities at Collier County's Resource Recovery Park. '['he 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 4l420-20|2-[PA'Ol76\Service Consultation Code 41420-2012-F-0324) is incorporated herein by reference and on flle 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 '^Pwrcc[`) located in Collier County, Florida, and more completely described in Exhibit "A" attached hereto. Collier County owns an undivided ninety-Tour point tour (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 ol' 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 LeUor, as set fbnb in the Agreement for Sale and Purchase and the interlocal Agreement between Collier County and CREW, attached hereto us Exhibit `^B`, and Exhibit"C" respectively. 1 1 B B. Pursuant to the Biolo ical 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 co(y/) (the "Covered Species") and other species that are dependent on the Parcel. The Biological ()pinion 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()ne Million Five Hundred Eighty Two Thousand Eight Hundred andNo/!O0 Dollars ($1,582,800.00) (the "Deposit" or'Principal") to the Trustee fbr 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 425.17. 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 ftoro 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 annua "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. G. Pursuant to the Biological Opinion Letter, CnUierCouotyboy 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. 11B G. Collier County has adopted and the Clerk, as Trustee hereunder, agrees to abide by an investment policy(the lnvestrnent 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 i] Person. The term '^person" includes an individual, trust, estate, partnership, association, company, corporation, or other entity. 1.2 Trustee. The terms "Trustee". ^^Tnuatcey", or '^Co-'[rugcc` shall include any successor Trustee. 1.3 Principal. The terms '`Principal`" ^`Corpum" or "Deposit" mean the principal sum or capital that constitute the body of the Trust, as distinguished from any accrued interest, earnings and income. L4 Trust Agreement. The term "Trust /\Oreccueot" includes this document and the exhibits hereto. 2. Establishm 2.1 The Trust is created solely Co 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 arid 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 ncumc. The Trustee will distribute the Trust Estate in accordance with this Trust after determining the 3 � -� ��, 1 1 B 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 1 1 B 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 (irantor'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(0(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 tisc-al 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;fransfer of 'Erust. The Clerk shall not transfer the 'frustee's responsibilities to a third-party entity without prior approval of the Service and Collier County. 5 V-3'„) 1 1 B 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, Ha. 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 Honda 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 6 113 "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. 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. 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 he 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 1 1 B 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@collierelerk.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 C on servation.0 ol lier@colliergov.net 8 118 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 he 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"frust 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 '‘,„L„/ 1 1 B 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. 6.1 5 Trustee Indemnification. (a) In the absence of the 'trustee's had 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 ot7 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 writinL, for all services rendered by it 10 11B 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 peribrmance 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. 1 1 1 1 B IN WITNESS WHEREOF. the Grantor and the Trustee have signed and executed this Trust Agreement as of the date first written above. GRANTOR: . ATTEST: �� '� `� BOARD COUNTY MlSS)0NDlS OF DWIGHT IL. , CLERK COLLIER L. * �b ` � ~ t ' lK � ) �~'/- By� �'Ilk---r\ ° led; (TOM BBNN(NG, CI- AN ' ^^m*to'Cjia, 4,,`, jot in and legaIit TRU�TEE: `` ` ` /\ / / . . ', - __�` 8y' I `— " - ' ^m�-~ . ' �~ -^--�r^v^ °~ . ______ Dmg*LFi8r . Clerk o the ./nzubCour of Col er County IV APPROVED: oy:______ [irk:: U.S. Fish and Wildlife Service Dute: __- TRUSTEE'S CERTIFICATION ate undersigned hereby acknowledges having read and understood the terms and provisions of the fbrcgoing Trust Agreement. I hereby accept this appomtnlent as Fruslee in my otheja! capacity as and on behalf oithe the Collier County Clerk of the Circuit Court. and agree to hold. administer and distribute the Trust Estate in accordance ith the provisions ol this instrument, Doicd, dxisZ 2 day of& 20115 / \^ '� - 1 / ` By: ~---� ' - Dw/gztE. 1crkof the Circuit [ouh I 17 118 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 SE( FION 30, TOWNSHIP 46 S0. PH RANGE 28 EAST, OF COLITER. COUNTY, FLORIDA. 1 3 118 Exhibit "B" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST AGREEMENT FOR SALE AND PURCHASE IN5 IR 4806418 OR 4891 err 2407 stk*ate 3/4/2013 9.0Z. ' r1 t. Or/IGHT . IWO(, CLARK Oi UK CIRCUIT COURT, COt I Lit COOVIT fOI4tU are WO.',CI 1.4”4 13,0,1 Proprod by :;0.4.7410:AT COLLIF.R 441,1rVer Belpedro,Esquire TA.X IIIIENTITICATTat injtacs 0045318024B 0c,crrlsairice4 OtlIca of 111*County Attorney 1301 East Torreemi Trail Naples,f solicits 34112 (2381 774,8400 AGREEMENT FOR SALE AND PURCIIASE THIS AGREEMENT is made and entered into by and between MARILYN H,ADKINS, AS TRUSTEE OF THE MARILYN H.ADKINS REVOCABLE TRUST UtDIT DATED JULY a, 1997, on undivided one-eight (1t8) interest, *Setae 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 threeieights(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-han (112)Interest,whose address Is 3715 McGregor Boulevard.Fort Myers, FL 33901, (hereirtafter collectively retorted to as "Settee). and COLLIER COUNTY, a poetisel subdivision of the State of Florida, its successors and assigns, (herernatter referred to as 'Cc/entre an undivided nineeefour pant fox (94 4%) percent interest, whose address is 3301 Tamiaml Trad East,Naples,FL 34112,and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non profit corporation, thereinafter referred to as 'CREW), an undivided two point six(5 6%)percent interest,whose address is 23998 Corkscrew Road,Estero,FL 33928,(hereinafter collectrrely referred to as"Purchaser). WITNESSETH WHEREAS, Seller is the owner of that certain patrol of reel property (hereinafte( referred to as"Property"),located in Collier County,Stale of Florida,and being more particularly described in Exhibit A attached hereto and (redo a part hereof by reference, WriEREA'S,Purchaser re desirous of purchasing the Property,subject to the conditions and other agreements hereinafter set fotth,rod Sager is agreeable to such sale and to such conditions and agreements. .- WHEREAS,in addition to tne conditions and other agreements herein set forth.County twit lease back the Properly to Hugh E.Starnes,(hchnafier referred to as 'Lessee') subject to the terms of a valid and triforcesela lease for cattier grazing NOW.THEREFORE.and for and Ir,consideration of the premises and the respective underlakings of the parties hereinafter set forth and the turn cf Ten Deets(510.01)1, the receipt a"d sufficiency of which is hereby acknowledged,it is agreed its follows' I ?,tql1LEJv- 0t In consideration of the purchase price art upon the terms and conceborte hereinafter set forth, Seller shall sell lo Purchaser and Purchaser shall purchase from Seller the Property,described in exnerit"A" II, PAYMENT OF PURCHASE PRIcg 2.01 The purchase price (the'Purchase Price) for the Property shall be Five Million Throe Hundred Thirty Two Thousand Dollars and No/100 Dollars (95,332,000.00),(U.S.Currency)payable at time of closing 2.02 CHEW shall deliver to County a check made payable to Collier County Board of County Commiseroners in the amount of Three Hundred Thousand Dollars and No/100 Dollars($300,000), S.Currency)on or below the time al closing III. CLOSINQ 3,01 The Property shell be conveyed in its 'as is, where is, with all faults" condition,subject only to the limited postelostng warranties hereafter stated 14 ( 11B rAra •�€`.l pc; 24d,4 C'1,.1.3S1i.,XT:aif' tOLLakft TNY, :IITT/1r7CM'I ULD'eSr.R: a'o5}aFICW■C c CC?7Gi3te 3.02 The Closing (THE 'CLOSING DATE, 'DATE OF CLOSING, UR 'CLOSING')of the trariaaCtton shall be held on or be1Oro one hundred and twenty (120) daye *allowing e*ecuhon or this Agreement by the Purchaser, untrrss ealiended by rrwluaf written agreement of the parties hereto The Closing shot be held at the Colter County Attorneys Office,Administration Suadlrg,3301 Tarnaarni Trail East, Naples, Florida, The procedure to be followed by the parries in connection with the Closing stall be as toApws, 3 021 Salter Thal convey o merltelable title frta of any son,encumbrances, excceptions,or qualifications Marketable title shall be deternined according to apptcabfe title standards adopted by the Fiends ear and in accordance with law Al the Closing.the Seler shat cause to be delivered to the Purchaser the Toms speed herein and the folb..'rn does and instruments rSuly execr:ied and acknowti ged,in ecordab:form 3.0211 Joan H.Bickel.Trustee of the JOAn tI ticker twig Trust Plated March 29.2000 the"Elickel Trusrl,shall execute and dearer a General Warranty Deed at Crnsng for the prorate snare of the Property crhned by the Bickel it 3.02122 )Mrifyn H Actions, Trustee of the Marilyn H. Adkins Revocable Treat UJfttT dated July 8., 1997 tthe 'Adkins Truss'}, shall osecuto and deaiver a General Warranty Aesd,at Casing for the prorate share of the Property cwred b1+.'tl+.e Adkins Trust' 3.0213 Hugh E.Starnes end Judy A Starnes,alkta Judy Ann Starnes. t,usband and wife!`(''StarrseS), seas execute and deliver a General Warranty Deed at Closing for the prerata%hare of the Property caned by the Starnes. 3.0214 Alt above VA iranty Deeds shat be In favor of the Purchaser conveying tide to the Property, tree and clear of all talcs and ei umbrances other than. (a)The lien for cartel tees and issessznents (b)Such Other easements,restracbons or condrt ens of record. 3 0215 Combined Purchaser-5411v t oar%statement 3,0219 A'Gap,'Tax Prorab?n, Owner's end Finn.Forsgn AI lday'it,'as required by Section 1445 tot the Internal Reir.enue Code and as restored by the hid insurance underwriter it order to unsure th°"gap"and issue the poscy contemplated by the title insurance crammtment 3.0217 A W-9 Forst "Request for Taxpayer Wen?(hcotion and Certification"as re:nand by the Internal Revenue Service. 30218 At Closing, Hugh E. Starnes shalt execute, a :now3edg* and cleaver to County, in recordable form a valid and enforceable lease for caste gracing. The terms of the executed lease shall be set froth In Exhibit'f3',attached hereto 3 022 At the Cloning,t'se Purchaser,or its assignee,snag cause to era delivered to the Serer the loltowiry. 3.0221 A negotiable instrument Couriy Warrant) in an amount equal to the Purchase Preo No funds shalt be'frsbusod to Salter wail the Title Company verifies that the stale of the title to the Property has not changed adversely since the date of the lest endorsement to the co^+antmenl, referenced +n Sector 4 011 thereto, and the Title company is Irrevocably comrsssted to pay the Purchase Price to Seller 118 oil 4tj vo 29a9 VONSSRVATICN MUIR TAX :DEVTIFICArIal NUKBEK; DC,CflUVWCA: and to issue the Owner's Rd policy to Purchaser in 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 Ill hereof, shall be subject to adjustment for potations as hereinafter set forth 3.03 Each party shalt be responsible for payment of 05 own attorney's fee,s, Seller, at its wee cast and expense,shall pay at Closing all documentary stamp taxers duo rotating to the recording of the Warranty Deed,in accordance v•-lh Chapter 201 01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's tale to the Property. The cost of the Owners Form 13 Title Policy,issued pursuant to the Commitment provided(Cr in Section 4 011 below,shall be paid by Purchaser The cost of the title commitment shall also be paid by Purchaser, 3 04 Purchaser shall pay for the cost of recording the V`tarranty Deeds, 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 van be prorated based upon such prior year's malage. REQUIREANTS AND CONDITION 4,01 Upon execution of that Agreement by all Parties or at such other time as specified within this Article,Purchaser andlor Seller as the case may be shall perform Inc following within the tenes stated,which shall be conditions precedent to the Closing: 4,011 Within fifteen(15)nays after the date hereof,Purchaser shalt obtain as evidence of title an ALTA COntriiitmerg for an Owner's Title Insurance Policy (ALTA Farm B.1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30)days, following receipt of the title insurance corrunitnient to notify Setter in writing of any objection to title other Ihen liens evidencing monetary obbgations, if any, which obtigations shall be paid at'closing If the title commitment contains exceptions that make the title unmarketable. Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4 012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner tariein 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 arty defects in order to convey good and marketable title,except for liens or monetary obligeaons which will be sairsfied at Closing. Seller,at its sole expense,shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period,Purchaser,by providing written notice to Seller within seven (7)days after expiration of said thirty(30)day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall bo deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4 013 Seller agrees to furnish any existing surveys ci the Property M Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option,at its own expense,to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shalt 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 Setter or obtained by Purchaser, as certified by a registered 16 1 1 B CONZERVATION COLLIER TAX 1,0ENTIFICATION NUMIMK; 000410E:120C E 5'30530E0VA Florida surveyor,shows: (a)an encroachment onto the property;or(b)Mat an improvement located on the Property projects onto lands of others, or(c)lack of legal access to a public roadway, the Pu rchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seiler shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway,within sixty(60) days of receipt of said written notice from Purchaser Purchaser shall have ninety(90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7)days after expiration of said sixty(60)day period, may accept the Property as it then is, waiving any objection to the encroachment. or projection,or lack of legal access,or Purchaser may terminate the Agreement. A failure by Purchaser to give wen 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 Properly for conservation purposes. Purchasers shall have fifty-free (55) days from the effective dale of this Agreement to obtain releases of such rights to surface exploration and mining orette. otherwise satisfy concerns that surface exploration and mining will not occur on Property, or to otherwise terminate this Agreement at no penalty. V. INSP Cies RI'' 5,01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection 'Period); 11,1 determine through appropriate investigation that 1. Sod tests and engineering studies indicate that the Property can be developed without any abnormai'demuckIng,soil stabilteation or foundations. 2, There are no abnormal drajoap or environmental requirements to the development of the Property. 3. The Property is in oompeence with all applicable State and Federal environmental laws and the Property is free from any polfutIce or contamination, 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 502 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to wane the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall De 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 one 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 hventefour (24) hours prior to said inspection of the Property. 1 1 1 B ON 891 2911 CDNSERVAT:OX COLLIER TAX Lmr:FICATIon NWARR: 00053090200 fi, E0034, VI, INSPECTION 6.01 Seiler acknowledges that the Purchaser,or it authorized agents.shalt have the right to inspect the Property at any time prior to the Closing VII. POSelaejteN 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 located at, In and under the Property (collectively, the 'Minerals"), have been previously transferred only to the extortt set forth In reservations recorded In the public records of Collier County and that to the best of SIACeS knowledge there are 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. Weems. 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 not Inconsistent with the oil, gas minerel, or other reservations as sot forth in Section 7 01, 7.03 At Closing, Seller seal execute, acknowledge and deliver to Purchaser, a valid and enforceable lease for cattle grazing. 7.04 CREW acknowledge;and agrees tha County has full authority under the terms of the lease described ie Section 3.,0218.These actions includ5,.but are not limited to negotiation ariclexecietion of the lease described in Section 3,0218 as properly executed by Seller,and to take any action reasonable and necessary as lessor of the Properly,including a renewal a the lease term. 7,05 CREW hereby treesier;and assigns to county all panther mitigation units that may be received from U.S,'Fish and Wildlife Service. CREW acknowledges and agrees that it will reasonably'cooperate with County to the extent necessary to ensure that County is eligible and able to receive the marrnum panther mitigation units allowable. VIII.PRORATIONS 8.01 Ad valorem taxes next due and payable,after closing on the Property, shall he prorated at Closing based upon the gross amount of 2006 taxes,and shall be paid by Seller. IX, T.ZMINAT1ON ei • .0 . 9.01 If Seller shall have failed to perform any of the covenants end/or agreements contained herein which are to be performed by Seller, within ten (10)days of written notification of such failure, Purchaser may, at it 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 This Agreement pursuant to any at The provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fads 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 solo remedy, Seller shall have the right to terminate and cancellers 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 18 118 4841 PG 2912 MNSVPVATION C0LL11R IMITIPICA7ION YUrPER: COOS:309170D S VO!",)C000.0e 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 diffeult to ascertain.and that said amount of liquidated 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. SELLER'S ANS)PURCHASER'S REPRESENTATIQNS ANP 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 sub,'/ect 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 exeeute, clothier, and perform its obligations under this Agreement and the Inelniments execulefi,in connection herewth, and to consummate the kandactket contemplated hereby. Alt necessary authorizations and approvals have been oetained authorizing Seller and Purchaser to execute and Consummate the transaction contemplated hereby. At Closing,certified eoplea,of such approvals shall be dewered to Purchaser and tor Seller,if necessary. 10.013 The warranties set forth in this Section 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 be full performance and discharge of every agreement and obligation on the pan of the Seller to be performed pursuant to the provisions of this Agreement, 10.014 Seller represents that II has no knowtedge of any actions,suits,claims. proceedings, litigation or investigations pending or threatened against Serer, at law,equity or in arbitration before or by any federal,state,municipal or other governmental instrumentality that relate to this agreement or any other properly that could, if continued, adversely affect Seller's ability to sea the Property to Purchaser according to the terms of this Agreement 10,015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Unlit the dale fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents,without any independent investigation,that it has no present,actual knowledge that 1. Incinerators, septic tanks or cesspools are located on the Properly; all waste,if any,ts 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 1 1 B OP 4591 PG 2913 CON3ERVATION COLLIER TAX !CERTIF:CATION NUMBERt 00G 530900C L (1405:0000E 3. The Property has been used for the production, handling, storage. transportation, manufacture or disposal of hazardous or lox:substances or wastes,as such terms are defined in applicable laws and regulatiOne, 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; 8. There Is ground water contamination on the Property, 7. Storage tanks for gasoline or any other substances are or were located on the Property; 6. Any of the Property has been used as a sanitary 9, The Property and Sellers operations concerning the Property are in violation of any epplieikee Federal,State or local statute,law or reputation; 10.Any notice from any governmental body has been served epee Seller claiming any violation of any law,ordinance,code or regulation or requiring or calling attention to the need for any week, repairs, constructien, 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 ace,,,n0 maintenance, constructioe, advertising, management, leasing ampioyment, service or other contracts affecting the Property. 10,019 Seller has no knowledge that there are any suits,actions or arbitraten, bond issuances or proposatre literate,'proposals for public improvement assessments, pay tack agreerreets pevieg agreements, road expansion or improvement agreements utility rnetatoriurnee use moratoriums,improvement moratoriums, adreinistrative or other ploceedings or governmental investigations or 'requirements, formate or infernal, existing or pending or threatened which Et-fleets the Property or which adversely affects Seller's ability to perform hereunder'nor is there any other charge or expense upon or related !o the Preperty Which eas not been if sclos-ed to Purchaser in wiling prior to the effective date of tfiliAgreernent. 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 Is existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore,Seiler agrees riot 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 {hereinafter 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 el) year. Each of the foregoing representations is made to Seller'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 lie ON 1691 Pe 7914 CONSVIIVF7:0C C*1.4,tER Tax rralc.•:FICATICI7 17.7,311g, co:I51C.90110 1.100f,)O4Cotli; 10.022 Softer agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs "lulling attorney's fees)asserted against. imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the breach of any of Seller's representations provided above. This provision and the rights of Purchaser,hereunder,shell survive Closing far a period of one(1)year. 10,023 Any to smiler damage to the Properly between the dale of this Agreement and the date of Closing shall be Seller's sole risk and expense Xl. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by feminine with automated confirmation of receipt,or by registered,or certified mail,return receipt requested,postage prepaid,addressed as follows It to Purchaser Alexandra Solecki.Coordinator Conservaton Collier Land Aoluilition Program Corker County Facilities Department 3301 Tamiami Tail East Naples,Florida 34112 If to Purchaser: Dr John Murray,Executive Directct • Corkicrew Regional Ecosystem Watershed Land &Water,Trust Inc, 23998 Corkscrew Road Estero,Fl. 13928 Telephone rtenber 239-557-2253 Fax number 239-657-8392 With a copy to Cindy tut Erb,Senior Property Acquisition Specialist Collier County Real Estate Services AdMinistralion Building 3301 Tenvarnt Tree Easi Naples,Florida 34112 Telephone number:239-774-8991 Fax number: 230-774-8676 tf to Seller Marilyn H.Adkins,Ti. 15232 Fiddlesticks Blvd_ Fort Myers,FL 33912 Telephone number: 230-768-0993 Fax number If to Seller: Joan 11.Bickel,Ti 15 VVoodcreek Lane Frisco,TX 75034 Telephone number 972-625-2279 Fax number rtif If to Seiler: Hugh E.&Judy A.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 Ihe manner provided herein For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for ell purposes, 1 1 1 B ue 4.691 PI, ;.',10 MOVERVATICV 7)t,LIta TAA zotirertrzersercir evireci. °wilesex CUP4)?4.1:011, XII. R • A • z•is RS 12 01 Any and all broattrage COmmtssions or fees shale to Me sole respomsibriity of the Seger. Seller shag indemnify Purchaser and hold Purchaser riarmless from and against any clean or babriity far commission or koala nay broker or any the person or party eta/rang to have been engaged by Seller as a real estate broker salesman or representative, in creenocton with this Agreement Seller agrees to pay any and alt cOmmisoons or fees at Msong pursvuld to the terms Of separate agreement,d any KIlL MISCE 13,01 the Agreement may be executed in any manner of counsarpars which together shall Peristeute the agreement of the parties. 13,02 This Agreement and be terms and proveziorts hereof shall be effective as ot the date this Agreement is executed by both parties and shall rratre to the benefit of and be binding upon the parses hereto and their ritspectrue heirs, executors, personal representatives; successers, successor trustee, and assignees whenever Iry context so requires or admit 5, 13,03 Any amendmatti to thes Avegmen1'hail not bind any of[ho parties hereof unless such errendnuml.Is In writing and astatutitel rind dated by Purchaser and Serer Any amendment to this Agreement shag'be birving upon Purchaser and Setter as soon as it has teen executed by both pathos 13 04 Captions and strOgart headings coelained in this Agreement are for convenience and talon:trio orify, in no way go they define, describe, extend or limit the scope or inland of sole Ageaeineel or any provisions hereof 13 05 All terms and 41/Pros used in this Agreement,regardless of the ntimeier and gender in which used,Oat be dimmed to include any other gender or number as the contest or the use thereof may requiter 13 00 No waiver of any provision of this Agreement shalt be effective vt11 $it 4 al WW1 srgned by the party against whom a is asserted, and any waiver at any provision e this Agreement shall be applicable only to the spetlfc instance to which It is related and sit not be deemed to be a coriir1i1 or tutura warver as to such provision or a waiver as to any other provision 13 01 If any dare specified ii MI Agreement falls an a Saturday, Sunday or copal holiday, then the data to which such reference is male shall be eirtended to the nest suceeedimg butrie$;day. 13 08 Seat is aware of and understands that the'offer to purchase roVesented by this Agreement is subject to acceptance and approval by The BOCIrti ot County Commissioners of Collier County.Florida, 13 00 ft the Setter holds the Property in the form of a partiseeship, hinted partnership. corporation, trust or any lorm of representative capeoty whatsoever for others,Seller stud metre a written public disclosure,according to Chapter 25.0. Florida Statutes, under oath, of the ramp and address of every person having a beneficial interest in the Property before Property held on Dirch capacity is conveyed to Collier County. If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,whose stoca is for sale to the general public, 1 Is •ieletry exempt from the provrszons of Chapter 2136,Flanda Statutes) 13.10 Thi Agreement is governed and construed In accorciarrco with the rapis Dl the Slate of Florida -)? 11B lip 4891 Ka 2916 DISZERVATICN COLLIER TAX IDENTIFICATION NUMDM OCCSO4A0200 00651040Ce& COM1',ERVA710N COLLIER 77X IDENTIFICATION wrtms: 000510002119 001153060W XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement IN WITNESS WHEREOF,the parties hereto have signed below, Dated Protect/Acquisitton Approved by 8CC: 7.Jdita;4,b12,7): /Di/ AS TO PURCHASER: ATTEST: . BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK,Clerk COLLIER COUNTY,FLORIDA „. Lart 'PO s BY: = • rift* to cuIrSAMAYelier14 • .1. • Chi an slantitai ofit AS TO_PURCH4,k,SER: DATED: WITNESSES CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER t TRUST.INCORPORATED,a Florida non profit corporation (Signature) .3-Di4OSOT (Printed Name) . BY: a Ray.Jud Cfj Inman ( gnature) CA/ez.157.7/i) S . izeZ y (Printed Name) 118 ON 001 Pc, Z91..7 C7W411VAT:nN MILLItA :tvrtlr:CAT:(44 NVVYEK OMIQUINUO GUD5MICI:C5 RECEIVED A„ To . R JUL $ 7037 DATED 7 -.57 o REAL ESTATE SERVICES WITNESSES 4 . (Signature) HUGH E STARNES ikrOler (rrreed Name) Skitnature) ' iPonted Nome) AS TO SRER: DATED 7 WITNESSES „1- 1-4S r/.-,- ..‘- 12. SY: (SKIPArure) JUDY 6 STABINES aMa JUDY ANN STARES Deli • - (Printed Nagle}, (Signature} elf 41)/)./Zr (Punied P,,larne) 24 118 OR 4891 416 2918 COnlERVATTON CQUA441 TAX u4sTI,ICATICn NUP4t* I4M)C41-0.1.-Ot' 4 t{.14`.1t)04VOOt AS TO SELLER DATED' -- WITNESSES tonature) MAR LYN 14 AKINS AS TRUSTEE OF THE MARILYN H ADKINS V, / t iq REVOCABLE TRUST Mit DATED (Platted Nam ) JULY 8, 1997 #(.freafi (skit; e) toe, , czA /7,44_ (Printed ame) 25 1 1 B OR 4841 vi 2914 cONSERVATION COWER TAX IDERTTr7cAricu uumsER1 001153080200 ; 00051nROU6 AS TO SELLER: DATED: 45 v%Ai S ■ 1.4 0.1 WITNESSES: By: (Stglibture) ..1• r4 H.BICKEL,TRUSTEE t THE JOAN H. BICKEL LIVING 5 A-t-„. TRUST DATED MARCH 29, 2000 (Printed Name) ---- — --z-_- , ---,..,, (S[gnature) Saza nett. (3-......:4, ..... ___. (Printed Name) , - Approved as to form pad legal sufficiency; - . J-4er A. e4 „.....„......4.......„,.... _ ,..... ...... . en 1pk:o Assistant County ttomey 26 ,, , , 118 ..4 OR 48.91 Pr, Z920 4*" MNStRV,NTION COLLIER TXX IaENTIFICA7ION rumml n0510113200 E. 700530FM:1S EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 00063060006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY. FLORIDA. AND PROPERTY TAX IDENT)FICKU°N NUMBER 00051050200 LEGAL DESCRIPTION: NORTHWEST QUARTER(NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 40 SOUTH,, RANGE 26 EAST, OF COLLIER COUNTY,FLORIDA. EXCEPT SELLERS RESERVE:ANY OIL,GAS,AND MINERAL, RIGHTS OWNED BY THEM AS SET FORTH IN'ANY PREVIOUSLY RECORDED DEED. 118 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 134 day of 2011, by COLLIER COUNTY. a political subdivision of the State of Florida, its successors and assigns. (hereinafter referred to as "COUNTY"), whose address is 3299 Tannami Trail East, Naples, H. 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, Florida non-profit corporation, (hereinafter referred to as-IRE:SI-), whose address is 23998 Corkscrew Road, Estero. FL 33928. WITNESSETH WHERE:AS, 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 referenee CProperty-); and WIIERFAS. the ERI1ST owns an undivided live point six (5.6°/.0 percent interest of the Property; and WI IFREAS, the COUN IN is required to manage the Property in perpetuity, as set lorth in Collier County Ordinance No 02-63, as amended. NOW, THEREFORE, for good and valuable consideration, the COUNTY and the TRl,,,'S'T hereby mutually agree: 1, That the TRUST authorizes the COI[NIX to unconditionally use us undivided live 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 TRusr authorizes the COUN FY 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 he binding upon the parties hereto and their respective executors. administrators. personal representatives, heirs, successors, and assigns. 4 1 hat CREW has no liabilit y. or responsibility fir the management of the Property 5 1 hat CREW will not benefit in any way from the Property, nor assume the responsibility for funding management of the Property. 28 118 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. B143 ,..CLERK OF COLLIER COUNTY,FLORIDA • /mill FRED W. COYLE, CHAT AN • •„ Approval fortortiii-aYar legal Sufficiency: Jerirlittr B. White Assistant County Attorney AS TO CREW: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, DATED: `g 1_151\k INCORPORATED, a Florida nonprofit corporation WITNESSES: (S try ,'e) (Printed Name 4 Add, • _AF dir EgettitA , I 't BY .ill Hammond,Chairman (Signature) (Printed e Arir St-phen A. Walker, Esq. Approved as to form and legal sufficiency: 29 118 Interlocal Agreement- EXHIBIT A PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W 1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA, AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW 1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, "FOWNSHIP 46 SOU Ill RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. 30 118 Exhibit "I)" RESOURCE RECOVERY PARK COMPENSATION PARCEL ENDOWMENT FUND TRUST CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN 3 116 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 tbr 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. 32 118 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. "Fhe 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 1970s. 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 1 1 B Project Area Applicability for Mitigation the Preserve is located within Florida Fish and Wildlife Conservation Commission (MC) 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 Sc /one (Service 20O7) (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 (8woinoouct a[ 2005). Physical The Caracara Prairie Preserve is located in the Corkscrew Regional Ecosystem Watershed (CREW). CREW is a 60,000'uon: watershed spanning Lee and Collier Counties (Figure |). CllEW's 5.000- acre marsh is the headwater for the entire watershed and is located north of the Caracara Prairie Preserve. I listorically the property was primarily pine Uu|v.00dound .freshwater marsh(Davis |907). Soils The property is composed of'seven major soi} types(Tob|el) ofxhicbo /a< uceonu-bYddo (Figure 4). 'T'he soil types indicate the historical habitat types were mesic flatwoods and wet prairie. Table I. Soil types, area, and expected habitat of the Caracara Prairie Preserve. Boil Acres K0#bitut_ Basinger Fine Sand 1.8 Byddo Flat wood Cbobcc; Winder: And (lator Soils; Depressional 41.7 Wet Prairie |rnnooku|weGuod 50.9 K{cuic }latwood Riviera Fine Sand; Limestone Substratum 50.1 Wet Prairie TuycuwiDuFinc Sand 9.1 Hammock VVabanxnSund 211.7 MeyieFlatwood Winder; Limestone` ' ` ' 2.4 Marsh Depressional / Zabioucioi2007 34 ` / /` 1 1 B 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 notation) seeded for cattle :forage. Most pastures are in fair to good condition. The pastures also contain smutgrass (Sporoboius indicus), doglennel (Eupatorium capillifolini), wax myrtle (Ityrica serif 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 (Saba/ palmetto), slash pine (Pima elliottli) and wax myrtle. Pine Flatwoods (411) — 44.98 acres. The I'latwoods areas are mainly composed of slash pine, saw palmetto (Serenoa repens), oak (Quercus spp.), wax myrtle, broomsedge bluestem (Andropogon virginicus), .lorbs, 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 (42 ) — 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 arc 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 hicustris), trompetilla (West Indian marsh grass Hymenachne amplexicaulis), torpedograss (Panicum repens), pickerelweed (Pontederia cordata) primrosewillow (Ludwigia spp.), sedges, smartweed (Polygonum spp.), and marshpennywort (Hydrocoiy/e spp.). Wright's nutrush, .frompetilla and torpedograss are invasive species 35 1 1 B 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 baked). 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 conciliar corn ) Federally-designated Endangered (FE); Audubon's crested caracara (Polyborus plancus audubonii) Federally-designated Threatened (FT): Florida sandhill crane (Gras canadensis pratensis) State-designated Threatened (ST); Big Cypress fox squirrel (Sciurns niger avicennia) ST; gopher tortoise (Gopherus polyphenius) ST; limpkin (Aramas guarana) State Species of Special Concern (SS(.): snowy egret (Egretta gado) 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 (learning 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 • 118 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 virgrinianus) and hogs (Sus scrofa) constitute 67% of the panther diet. l::xotics [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 1-75. Panthers living north of 1-75 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 (P1 Its) assigned the each habitat type on-site (Table 2). Table 2. I labitat 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 (2 11) 5.2 87.21 453.492 Woodland Pasture (21 3) 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 TOTALS 367.75 2,272.72 37 118 No habitat restoration is proposed at this time. Thus, 2,272.72 PITUs 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 (..7ounty 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 (MC) 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 13). 'MC 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 1 1 Table 3. Annual operating costs tbr the period 20|4thn /ok2O2UDartbc [aruoaruPruhc Preserve. ---- ACTIVITY FY14 FY15 FY16 FY17 FY18 FY19 FY20 Prescribed fire $5.000 $5.000 $5.000 $5.000 $5.000 $5.000 G6.000 Fire break creation $30.000 Mowing $6.000 $6,000 $6.000 $6.000 $2.500 D2.500 S2.500 Exotics $50.000 S50.000 $25.000 810.000 02.500 S2.600 S2.500 FWC CE monitoring $1.300 $1.300 $1.300 $1.300 $1.300 S1.300 $1,300 Clerk's fee $7.600 $7.600 $7.600 $7.600 $7.600 $7.600 $7.800 Monitoring $5.000 S5.000 $5.000 $90.900 $69.800 $44.900 S23.800 $23.900 $23.900 $23.900 uuoouLYencnt 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 uf$23,90U. iiis estimated that u fund value of$|.5Q2,800 will beneeded. This fund value was determined by dividing the average annual cost by a 1.519S capitalization rate, Collier County will fully fund the endowment fund. Average cost per five years Prescribed finc($5,O00/ycod $25,000 Mon/iug ($2,500/ycoc) $12,500 Exotic plant maintenance (S2.500/year) $12,500 Conservation Easement Monitoring($1,300/year) S 6,500 Clerk's fee ($7,600/year) S38,000 Moni1nzing (35`UO0/vour) $25,000 Five year total S189^500 Average cost per year S23,900 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 Ca,ocucu Prairie Preserve by way of a trail leading from the CREW Land and Water Trust Cypress Dome Trails - 8TWMD Gate 5 (Figure 7). The Cypress Dome Trails will be open from dawn to dusk, and MC staff will routinely patrol the Curocucm Prairie Preserve as part of their regular sP\YmD CREW lands patrol. Trails through the Carocora Prairie Preserve follow fire breaks and other existing disturbed areas. -Kissing gates' have been installed at points where cattle-tncing crosses the trail. 39 1 1 B 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 arc 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 easing 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 11B 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 8). Additionally, the following recreational activities are appropriate and encouraged on the Catacara Prairie Preserve per the CREW Management Area General Management Plan 2006 — 201 1 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 1 1 B 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 backeountry 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 'MC 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 ‘vill 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 42 118 horses allowed per event. Collier County will consult with the Service prior to the staging of any equestrian events. Vehicular Live No unauthorized public vehicle use including off-road vehicles will be allowed within the Caracara Prairie Preserve. Target Natural Co m mu n i ty 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://wwwileppc.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, 4th, and 5th 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 (SIAN/MD 2006). 43 1 1 B 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 (Aleleagris gallopavo) by reducing dense understory vegetation in hardwood hammocks, and invasion of woody plants in grassy fields. Mowing benefits rabbits (Sylvilagusfloridanus) 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 virgin/anus). 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 1 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.fleppe.orgi). 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 11 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 (Alehilcuca quinquenervia), Brazilian pepper (Schinus terchinthilblius), downy rose myrtle (Rhodomyrtus tomentasa), cogon grass (hnperata cylindrica). and Old World climbing fern (Lygodium microphyllun4 Of significant concern is Old World climbing fern, which persists in spite of consistent treatment since 1994. The District treats and surveys 1.:ygodium 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 1 1 B � 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 cooditiuus, 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 lire management plans on ecological research and professional experience. Fire frequency schedules for each natural community will consider recommendations provided in The Natural Communities v/ Honda (FN/\l 1990). To mimic historic lire 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 tire patterns, avoid soil disturbance, and reduce hydrologic flow disruption created by fire lines. Listed species life requirements and welfare will be elements of prescribed lire planning. Application of tire, 'With appropriately timed herbicide trou|mrn1s, will he 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 stafE-- 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 tire intervals for each natural community: Scrubby. Mcsic and Wet [labvondu These natural cn000n ki:m will be burned to maintain an open pineland structure with less than 50% canopy cover. Shrub hardwood densities, especially palmetto and gallberry (Dcz &6ro), will be targeted at less than 20% coverage to encourage species diversity in herbs and grasses. Desired tire frequency is three to five year intervals for mesic Dotn/oudo, nud three to eight years for wet |]utvvoodx to maintain targeted vegetative cover composition and avoid hazardous fuel accumulation. n Small isolated marshes are dispersed throughout the Ilu\wnndx of CREW. Marshes will he burned with flatwoods to maintain open herhaceous ponds ,'- 45 \" _ _ 11B and control woody plant found on the edge of these depressions. Tbcceuter 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 yH[/spropooed 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 Ploo, cattle rotation, mowing, and burning may be performed. Maintenance There will he 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 vvc�czn 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. M&iityring 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 lire in December 2011. As with the baseline monitoring ccpod, the time-zero monitoring report will be forwarded to Service staff'in \Tero 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 1 1 B each year. l[ at the end of five years of monitor ng' 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 reporti schedule can be found in Table 4. 'Fable 4. Monitoring and Reportino Schedule Report 1 Monitoring implemented 1 Baseline Monitoring ' Within 60 Days of Approval 1 Upon sermit a .royal "Iime-Zero Monitoring Within 60 Days of Initial Restoration 1 Upon permit approval 1 Annual Monitoring 'Year 1 ! 12 Months After`fime-Zero Monitoring Upon permit approval 1 Annual Monitoring Year 2 i 1 Year from Previous Report January 31 Annual Monitoring Year 3 1 1 Year from Previous Report January. 31 7 LAnnual Monitoring Year 4 I 1 Year from Previous Report January 31 IAnnual Monitoring Year 5 (-- • ,_ ' • - I Year nom Previous Report January 31 1 Five-Year Monitoring (Year 10) 5 Years from Previous Report January 31 1 Every 5 years thereafter 5 Years from Previous Report january 31. -1 Vegetation Monitoring: Permanent monitoring transects were established during the time zero cnonitodn&orocd 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 (UBF\)l, understory (plants<4 inches DB}l 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 L square meter plots along each monitoring transect. Panoramic photographs will be taken at the beginning of each transeet to provide physical documentation of the condition and appearance of the property as well as any changes taking place. The panoramic photographs will he included in each monitoring report. l'or 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 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 he 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 ' ' � 1 1 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 he 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 he 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, vocali ations, 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, live permanent wildlife camera trap locations will be identified within the preserve. Surveys will be conducted utilizing live 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 he 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 andior 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 Shind\cctal. 2008. 'Fbe 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. Fach camera will he 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 iulbnnmiion 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 � _ ' 11B Caracara Prairie Preserve Habitat Management Plan_.LITERATURE CITED Beier P., M. R. Vaughan, NI. 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, NI. 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. Coi.le,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.ltus/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. NI. Fleming, M. A. Huston, O. L. Bass. Jr., II. l..uh, 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):1778-1746. 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 1 1 B Gruver, B. J. 2007. Florida's endangered species. threatened species, and species of special concern. Florida Fish and Wildlife Conservation Commission, Tallahassee, FL k1np:/duykvo.uomi ed-and-Endangeredodf Harlow, R. F., and F. l{. Joncy. 1965. The white-tailed deer in Florida. Florida Game and Fresh Water Fish Commission Technical Bulletin 9, Tallahassee, FL. Janis, M.. lV., and lD. Clark. 1999. The ei! cts 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., K. Kawula, T. 1(octnr, J. Comiskey. [). ]mosoo, D. Jennings, J. Kasbohnn, F. Muzzoki' R. McBride, L. Richardson, and K. Root. 2006. How much is enough? Lou)docape'scedecouoerv4doofhrtbcF|oridupno1bcr. Biological Conservation. 130:118'133. Land, D, R. Kawula, J. Benson, M. Lotz, and D. Onorato. 2008. Florida panther habitat selection analysis of concurrent UPS and VHF Telemetry l)ata. 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. l992. Florida panther. Pages 176-189 in S.R. Humphrey (ed). Rare and endangered biota o[Florida. Volume 1: mammals. University Press of Florida. Gainesville, FL. Maar, L18, 2. D. Land, and J. [ Roof. 1991. Social ecology of Florida panthers. Notio/n c Research Exploration 7:414-431. Miller, K. E 1993. Habitat use by white-tailed deer in the Everglades: tree islands in a seasonally floode landscape. M.S. Thesis. U ot Florida, Gainesville, FL. 8himJlc, Z).B., , F.D. Land, D. (Jnoraku, M. YVnoscL P. Kubilis. 2008. Feasibility of using remote cameras to survey Florida panthers. 20O0-Z0O7. |oboumo Report Series[RK2008-003. Florida Fish and Wildlife Research institute. South Florida Water Management District [SFVV1v1D1. 2006. CREW Management Area Five- Yeoc General Management Plan (2006 — 2011l [.and Stewardship Division. South Florida Water Management District. West Palm Beach. FL Swainson, K., D. Land, K. Kautz, and R. Kawula. 2005. Use of least cost pathways to identify key highway segments br Florida panther conservation, Pages 191-200io }t.A. Beausoleil and D.A. Martorello, teds). Proceedings of the Eighth Mountain Lion Workshop, Olympia, WA. 50 116 U.S. Fish and Wildlife Service [USFWS 1. 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 corvi), 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 OF Panther Wunder lin, 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.ustiedu/ Zahina, .1., W. Park Said. R. Grein, and Ni. Duever. 2007. Pre-development vegetation communities of southern Florida. Technical Publication 1•IESM-02. South Florida Water Management District. West Palm Beach, FL. 51 11B CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN FIGURES 11B Caracara Prairie Preserve Habitat Management Plan—Figure 1. Aerial Location Map of Caracara Prairie Preserve in Collier County, Florida. , .04,,,...v.,ue^ �� # . _ CorCounty Ai g • + __________ ° ', ' I '4 ,; \ ;� ' a C b �'� �r rw af � , t_ Y?� :1i1SgS 4'. Iw :.� ,..- i.,..:0,.. it I ! _ . to, l ,«y .. • .a ° 1.y 7� r r�` -, I ,' � `-� {. , 'gal 60.'4, �1 , a , � �i� yyt q. ,^^,,',1;`,..;-;,, i-'''''' `"} Y � �}tt� �" tit',:±4' tj, ° -1,,1„A {t _ 4..r. r r '- r �� � ? i ,} • }CSCREW REG!ONAt ECOSYSTEM WATERSHF&9 ;,gCrkttNiig ., If) LI•� '�l�Yi2 S,$�r.al..w ,. wM .. Y r 4r.'F- E-7.:-----,,____-_.-A 7 ,.. ,i ,...,,,,,,.., ,,,,,:- - .,.,:,,,.: ..„,.,:.,,,,, ,,,,:.,„,,,,....:,,), , :;;;-4 • m. ' y +a L 0 +y •r 5S ar; 4A .w. C N' rl # a' . " ' Tip . : r� Y i _'' K P '• r'x : qty l,vF2 Y.SG Rau.:1'"�+kf1�r�..A?1CTt!F,,i?'i '''14...:''4'''t7 7∎. .. ` rj 33; 9R7]7] s. A'i w s r, .r._. i 3 5. ,�y •Ak 11 if d A' i,t1 .. -0 0 1 • 2 Miles N i t 1 t 1 ,,..+F Legend Data Source:2005 Aerials&Parcels-Collier County Prcperty Appraiser Caracara Prairie Preserve Conservation Lands-Fonda Natural Areas inventory Created by:CDES/Environmental Services I Cs G:\Conservation Cdper\lCSRtath Cycle amesl mad and jpy Conservation Land Date:51.08 CS 53 r�b� ..,... T: 1 1 B. Caracara Prairie Preserve Habitat Management Plan—Figure 2. Archeological sites nearby the Caracara Prairie Preserve. ? - ,,..... . — ,,.._ 44.-,a _.- .....- ....._ _ r. v v, ___,,,. , .,... ..._ .... '.1v. • ...7..... - .4 i. - .11.1. , ,1'..o... 11_41. ._,... A.. .1.... --4—t... ....•" _— ..... '.. ...hi, .4.1.... __ le'-'1\ 1 - ,44.- 44' •-•_.. ni■- -, - -.hoz- ........ - - i \ i )\) i„ 4- —' - --.4,^- - -5-- 1..••• - --• .'" -C't_ ,..- --....r.,, : -. CR00839 _„,, ....,..., , '.•-•:-_ _ ,.. .1 r . . ::..., („, 4, CR00709 . \ • 1 , ....,, , 1 ,1.• .,. ."-. .....- . "---- - . P6' , 7— • — -,..,,,,,,,,mi.,„,....., 1 i .-.1 .....4- -., 7:767,__.. / I 'IA ......... KII12 ..t j '-■••, CR1 ,., _ /. • i....., ,-,..i • ...a. I .' -- .•11 -4.•.. I : . f ...° I ...„.1. , I - .. ,e), 1' v....4- - e I , ."*" .4- • - ........ Si N -...- •- - . •*-- ..... _ . N.. II \ r ..„ ..,... _ ,.,..... t_b. lb, • 4- VJ--, • .4a.‘• .1. _ ... 'Am Leo- 4: I I\ ■.4,.. .. s.:- " .44- ' -.■"- . - ,• .•' I— --""— .• -4+ es.. _- ,,,,. •L- i - 46., ....... i.4.- _ 4. • ,., . .....r. • .\.N.-. .... A.. 42 ...I.. 20;„ _ - •.. ...v., r ....., - . ....... _ ., ..... •.. ....., ..i,. ...„....41, •..1.—. . .•S7 '.:11 _,.., -..- .A., --. ... .. VL' .• - ..... _. Se- ..— -.1% - — m - -.11 -. ..... ....:As ..• --.....1...-') L', -A.. - .."• .4.---. . ols.. •.v.: - .".-- ' -..., .... I .......--........., L- -..1: -1 - -- 5 ....710-. v .... 1. ......-• .."'..--.. AY0... . .4...— .44.. ■■•..—.. ....' i ■ -40.-— _ is r_..7— L-t--:—.—1: -te• ..... _ ,,,„: ,_---.1.A... :: • ...,... _ , - - . ; .1,. --'4' -... - a... ''' --k- 's -,..... , ....1, - \ , i At ..... -4. -- --.S.- „„,, — 1 \ -40z.- -i ....-— - '-' 1 . _ - '''-- aR. ' - -U0R- - -....$0 ' • ...., R ,..• 4.0....... : r .,, . .. ...._ , ...„ ..... i ....., ._ .... . ., _ ....... ._ ., 0 .. • . -4., tat,_.... 4...1., ._, _ Cod C4 • . - N „ ..,,. — _ -.1.- ... — Legend , 1 . ....4. .,. * F. _ r•V1 Caracara Prairie Preserve TV + ...-., - -- . . • - Ccifrer Counhj - Archaeological Sites SV. — .. r.,,, _ -,.. – • Data Source:USGS Topo map:FL Div.of Historical Resources Created by:Conservation Collier\M.Hennig GAConservatIon Collieriland Mngmt1Stames\PHU\Agreements 1Arch sites map.mxd and.jpg Date:Aug.2008 54 .. . , . 11B Caracara Prairie Preserve Habitat Management Plan—Figure 3. Panther zones and least-cost pathways in relationship to the Caracara Prairie Preserve. N 47111! cr Cr County 0 2 z U w z 2 2 a0 U o w SR 81 4- o z O W `` 0 0 45 s N c°,..4. a z 4 0 w L Y aEppFR 4,0 C.. .D I "Liiiiig O *, 77��I .%l � ANGELA RD Z Z w SANCTUARY RD ? r 4 W w 2 Y ca 0 rMMOKAL EE'RD O z 72ND AVE NE a3 a TOTN AVE NE i PLATT R0 68TH AVE NE 17, 9,• WILD TURKEY DR 66TH AVE NE H 64TH AVE NE 4 to 62ND AVE NE Cr 50T11 AVE NE 60TH AVE NE 93 58TH AVE NE WIN AVE NE 1 56TH AVE NE 54TH AVE NE w W w= `O 52ND AVE NE Satiate Med Zones and Least. r-r.r-r- CYeated5 ES EnvagrmeMal5 SOTN AVE NE va h h ».'E"' 4/TH AVE NE 47TH AVE NE 5 3 Legend Panther-least cost pathways Primary North Area Caracara Prairie Preserve Secondary Thatcher Dispersal 55 _\ _. t. 1 1 B Caracara Prairie Preserve Habitat Management Plan—Figure 4. Soil map of the Caracara Prairie Preserve. . , .—...,_ ..........„ ,,,.,-- -, ' ,n,—. . . wnw ,--. .3,., -77.--vrc,,' , 4,,itiff, - 7 .fi167.41 . *„.„1„..7.7-•. -, ',. •'t,... :•*,••„ • ' ',;,- ' ' '..`.1;;. .i: ....„ -,4'':. .10,i,:."11-4",..,..112;riitV41,44::;•01',''.' ._-4* ' r.i...flon. ".. '.. v ; I. ': : ' k‘' '1- *''',,t•''..? ' „- ,'";‘,:.,'""Ii•N ''''• ' ' ''' ?:44,1cit, 117`•,:ktVir.„,4,P..,4 -,".r.--• , ': t".: "!'''1:'"*" . ,,,,,.. .,i•' II I':' r,; "- ,,4- le • - *N-4 ' - - - ..".14, ,e4,1-A.,,,ftot-M2L--'-',-. .t..„.1., ii1" tql F.'4", * ^ •F"'"'-'44411.0,..1-4,-,•:'MI,--' 111 .T7 r ••••• "•••• :f• ' 1..,„„ er • . I ' : . • ',/, ...CkoeVoill.00 7- '44 - - i • ....--#1*(iv471-0,/ !"-,-- " - 4'... ., li 4 ., , . . :-•,J,:-... • - 0, - - • . - , , ' ''' , , ■ ... - . . . 7 • . , - 1 1 I• ' * . i 4 • •'' ••'-'* •.7,4.:,,-' , ,,, tee,""Vtletit I f","';','''44 i,"4—, r • . ..jo _ • ,... .,. ., . ''+ , 1 .......,.. .., ti ,,, ,...,.._, „ ... . ... . ---.. ,.. a: .. !;.0 lEt,-;•',. ' _.,, . . ... . . . -- 7)406v,-.. . . -, - --7 .,- toitat - • . •,, ; 2.; 4*' . J,„ 11 .' _ -, ' ' I- :,, ,,,,,,...--,..-..,. .. ,i. i• , . ,,:e.., ,,..rilAtiele • ■ -• .4),' t 4''.•• ---------, 7. ...,011. " . --_ • .. -1 " .".'5- ' ... Yl. o'44,0.. • -...-V. ...../ 04.#!'-- ' - ; .., . .4., ," .., • ' •' '.?:' ;0,7°.2'...' 7.. ..".. 44. ....0. titri;-.. ,, , ." •• 1 , ' `, . A' ■ 4' . • • :X ' ''.• '7 '' * e.,, ,,t," t '1,;.. 4 *. , 29 - ■ . ',,,,„, „,,::,:i$V. •.11.7/0111... -' „,"•'•-•' •''.' 0 , 4.*4 • t '- l. - . '...,zr.• tki ' .t9 .. ...4f.4.• ‘' '' 7 •''•''' ' "• :41;',:'-'"'e,k , .7":"J't ` ''• ,e,.oric .;":' .."' „ • ,,, • _ •..,.: ';4 ,- ..,t •,.--1-1, 4-,..1 +. n r'• ; : •' 0 260 500 . - . , 1 000 Feet 1 I ' I . . ,. . . .,,, . .41.1,„.t.'f •, ..„,,.., . ....;A, .4. ...„-i.,.....,1......!.. .- di ‘• '',' .. .. * 7; i,, ■ e - :,4',",t',' !,..•..".. ...".-.", ..._.`", ':', •,...t:ti74'7l4t'-'i"...,,S l,V',;'`'A,.••,'','. ;"" . Legend egend . -4 , ‘• ',-n,,, • ; -.',,,.•4::-,,,o74,•l'-'•7•7-"-'' ..,4 a' 1,.. Caracara Prairie i -,' f.4,-"., -:-1-....X,,* ., , :. ,,,—, ....,.!;:!,,:g': ,:';'' ,: 'i.iles • A' Preserve ' . 1 .,,,, ,,,,, "; ':s-, • - '• .s•-•'- •. tt,'"V,."•vv.t • ' t . t.' - : f 4.,.•,;,,, , f',. :, ..:,.:. 'L-'-.1147.-4 .„, 2 -,Ai', ,- •••• Non lc ',ri.,i,li`ii;:re,4,14'et,.', .-., ,..,-.)t . . .1-,,;,...i.:"—,...#„..'"•- ''. ..'-'),),:tr:„...;;f:: '.' - • '':' ,0 I..,. ' IIIIIM H Iric .4.f.-1 ,, - . . - 1 . =-. -- '-' - . • ,„ ,• . • . . .... 14.1 tlfrare:...l.X.)"'tr.)S.,.Parcela:.:9/ler• ovr ,-vr."ptrty Av..4 ..1,.. 4.1,-.-tia,:s.1,43D‘la:::;war., ...,iit., t.ill■,irr L'iir.triy r..00•10,1 0, i‘rp.,,,,ern.mrrarlai i•I'Ar011,l:. 1. ..; 'I 4RITIVatOr,Crht411:.•51tUtt,'Ne.le:1.141.t.: it4P,1 on.:1 34(1 iv) 56 0 , z. ,,...,, 11B Caracara Prairie Preserve Habitat Management Plan —Figure 5. Land Cover on the Caracara Prairie Preserve. .423 ; b' .4.• -•: '-D4, - r, 7,2 ire"+ ` °3d e e tt 'j r, +) (i., 5, r� ,. N 0..15-Ac�tr� ` \ _ ).(� /� ' fr`.i'.eF, •i i • - •4T'' •Ysr--"r �.: RY }�,la(. }) 211 '7.-- f: - -, .] .�+ �. .•f ' . x 4 ` 641 L 4 �` , -(8.97-Ac f) , R - 213 ii: �{ � e �✓ '4� � �T♦ ski .643 , , is ' -. MI • 8D A_a R 444 • . , 6t1• •. •• P� r �#wI'..- I+,2,0= C ±) Tf' F . t v e. _641.•(7 +) t.4: , - , . . ' �. ` t ♦ \. �"4 -ZY ,..{,..,..1:` - FLUCFCS 111. T'‘'-'.e.'-,'•. '1-7 f�! } tw .R CODE COMMUNITY TOTAL �, - g, 150 Industrial 1.58±Ac II `.'. . s,� t+t ti 211 Imprc ed Pastures 87.213 Ac 9I - ,, "t t'` r,2 t.et-' 213 Woodland Pastures 93.28±Ac •• 'r,; ,' �1 r •t-E �� `� 411 Pine Flatwoods 44.98±Ac ' f ' $ ^( + 7 5 423 Oak-Pin: Palm 49.29±Ac 9i Rr /" 42i 500 Water 1.01*Ac 7, , , { �l "' } ' 631 Wetland Shrub 2.00±Ac r £ A r 7.-. ,-,,'.4> 641 Freshwater Marsh 31.69±Ac a • ;w, � 15-b t 9 A 643 Wet Prairies 5.10i A Ac 13 •" f' r R e 814 Roads 210±At r :.j- Y ! > ri.s••r ) : Total 367.75tAc c—., -. t; , '` 7. °"'y71,0411r•.y,�l i R• \ : ,f•5 b.,l ,. _ WETLANDS C"•' �.76 AC._ �<,ry �� + a A•y l (1,�(1 w'.- 't) ' - - (88 30t Ac.) (Ot r+ •_. 1 .. ,-- . "61,', /://,///,X,, CTHER SURFACE a " ATE 5 . ± � t ..:ii - W R (101 AC.) (? T3 ', f1 4 r .. f 4i notes �'-'-/(y/�� .r's Q ✓`-) r'�-. %// l's "7,./'•r ,. Fi.ucres I,MES Esr�N.TED FRCS 'R):: .. `_ .• G... ' •... S y1 6I♦{ .J ` • ,. ♦ �l!•.200'EERiRt MCiOCR.MS INO . i/ j COCRT,OMf IR.ROir•!RifU t t) '(3 19 ACT , 3 • ' `�L . *'--1S.,---.. _- C FLUCFCS PER OS'S CLA uSE f, %'- A- COYER AND ucFc,(S.,ICAn9N 7 '1 ••S FV•� r y`r T -?!'- [l l s.a,EE IFLJCFCS)(SCOT 1099) g ',t..r CI UT/ �1 �' '4'� J •v -r , l)4 PROTESTS'•OUNO.RT Ws scownO �" \ I .I )� 1'.tC +„q- S "l, -'' r." 3 r FROM SSRR SR ARESt PRO![Rrr , `,` ArRAiERE R'S PARtEI lA•ER. ; • f.-. �.""•� • MAIM.PAOTOSRA0NG OER!ACAUIREC TAROuGA COLLAR.. AARASER'S OFFICE SITU r•FLOAT • OAT!Cr JANUARY,2012 Drown By Dow Boylan it I Caracara Preserve il Environmental JO bNomber sup. Consultants,Inc. 2012-6 1 =soo FLUCFCS Map with Aerial Photograph ER^bR SQ,A Covey u1..N.,-Pa.,.",<,..r Rs'-;.o.n„w'a,x;.;,.,r.-i -. Collier -------_...._-.-- CD 1 1 B Caracara Prairie Preserve Habitat Management Plan—Figure 6. Service area for Caracara Prairie Preserve. 1 .., - . ... \ , : \ , \,_ r.-- tsilet , A .-- 14's.x•,A. , ile ---- , i i i N as. ... .,,. tOst: 4: 1-. .. Caracara Prairie Preserve :- Location , f t 1 Y Collier County Florida '. Caracara Prairie Preserve _,..,.„-i `r-I;PAcY*''i ir 0 25 50 Miles I 1 I ' ..• ,...!,/ P'd Data Source 2005 Aenals 8 Parcels-Collier County Property Appraiser ..,4*... Collier County Land Covet-George Poole NRCS field survey . .,;,* Created by.Conservation Collier G\Conservation Colfier4and management 1 starnes ie Oi'cr. \PHU dacuments AseeementsZackup■Loc map.mxd 4'4', '.'2'It' -;'.': ' ../ " Date:8-24-09 ( 58 0 11B Caracara Prairie Preserve Habitat Management Plan-Figure 7. Oil drilling operations and public access on the Caracara Prairie Preserve. 4 SFWMD Gate 5 , : „; re ♦ r,w r. , ...,yam,. ♦ t', ,- 11 � w a +yT is a { ' 5 'f ,.. *. f'.4• , ) `' - iN.:, ,. ,,. yyiC4,f S Ar k.,, Legend T �' Caracara Prairie Preserve• Umerock Drilling Pad ,A 1111 Possible Tank Battery Pad 0. as .4 4• - Trails .: CREW r , pedestrian ------ limerock road o 500 1,000 Feet t 1 I r Dea Source:2009 Untie&PaeMs-Cdisr County Property MPrsKW W E Co eY County G%Consanr@Son Cot lar4naps kc jlr.d propadas%Starnas_Carecara Prairie PrasarvM2009 Mral s Date:Sept.25,2009 59 11B CARACARA PRAIRIE PRESERVE HABITAT MANAGEMENT PLAN APPENDICES 60 ✓i 11B Caracara Prairie Preserve Habitat Management Plan— Appendix A. State Historic Preservation Officer letter. • This record search is for informational purposes only and does NOT constitute a STOP np project 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 850.245-6333 for project review information. September 15,2008 Florida \la.trr Ms.Melissa Hennis Si l s l ilr Principal Environmental Specialist Conservation Collier Propam 3301 TamiamiTrail East Naples,Florida 34112 Dear Ms.Hennig: In responseto yotr inquiry of August 11,2003,the Florida Master Site File lists one previously recorded archaeological site the following parcel of Collier County: Township 46 South Range 23 East,Section30 When int erpreting the results o f our search,please consider the following information • This search area may contain wtrecorded archaeological sites,historical structures or other resources even if previously surveyed for cultural resources. • Because vandalistu and lootina are common a t Flo tida sites,we ask that you limit the distribution of location information on archaeological sites. • While many of our records document historically significant resources,the documentation ofa resource at the Florida Master Site Filedoes not necessarily mean the resource is historically significant. • Federal,State and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review.If your project falls under these laws,you should contact the Compliance and Review Section of the Division of Historical Resources at 8.50-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Kind Reeards. X141 Lindsay Hafford Historical Data Analyst Florida Master Site File lbhafford'a'dos.state.il.us 5.Q.O.Zoutb,Borlough. TL hassee Fl. 32399-02f,) • ....:' ! C' '.°` S50-2.45-6440 ph S50-245-6439 fax ; SiteF le,i dos.state.il.us 61 } 118 El oNj f I 3 0 '4 o. ti • , " ■:;■ , 62 1 1 B Caracara Prairie Preserve Habitat Management Plan — Appendix 13. 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 tt. Water Conservation District And United States Department of Agriculture Natural Resources Conservation Service 63 118 Table of Contents: I. 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 1 1. Operations and Maintenance 12. Contingency Management Plan 64 118 1. Definition: Prescribed grazing isucontmUed harvest of vegetation with grazing ondhmwsiog animals. Prescribed grazing ojU be used on lands where grazing animals are managed. Prescribed grazing will be used in co 'uootiuo 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. lfthe 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 0!'CREW VV[& which is located in Collier County. Tbcpn/pcdy is currently managed as a cow/calf operation. The project uccuiy currently using a continuous grazing system. The principal tbraQempcoics in the pastures is Bahia grass (9oopo1um 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 (AtTs). 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 oh approximately 1,000 pounds and a calf up to weaning, usually six (6) months of age, or their equivalent. To estimate animal units for Heifirs and Bulls use the fbllowing AU values. Table 1: Animal Unit Equivalent Guide Species Average Animo| N"it—- ------ -- --� ----- '- - Forage Consumed(yound0-''' ' Weight Equivalent -------- (pounds) (AtlE) day I month year Cow, dry 950 0.92 24 7)7 8,730 Cow with calf 1,000 1.00 )6 r 790 9,490 Bull, mature 1,500 1.35 Cattle, 1 year old 600 0.60 474 5,694 Cattle,2 year old 800 0,80 20.8 1 632 7,59? _Deer. White-ta i led, mature 150 0.15 1.18 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 1 1 B maintain oo optimum level ofouaiiyuf forages 10 ensure livestock health, prufikbUhv, 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 fecd 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 ]O' 4096nf the plant composition, with Bahia production 60-7096. 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 p 'cot area encompasses approximately 369 acres. The sustainable annual carrying capacity ol the project ject 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 p ject area is stocked at or above the sustainable carrying capacity. . — Noxious and invasive weeds including Brazilian Pepper-Tree (Schinus terebinthifolius), Primrose Willow Ludwigiuperuviuoa), and Tropical Soda Apple (Solanum viarum) were observed on the Starne 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. I. Rotational Grazing should be applied to maintain and improve the health and vigor ot the plant community. 66 1 1 2. Proper Grazing Use will be applied to all grazed areas to regulate the amount of herbage removed by grazing animals. During the growing growing season, the degree ol use of native vegetation will he 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 tbe grazing unit for a period 4 to 6 weeks in length during the period between February 1 and juncJ0. 5. Deferment poriodmobouldbnprovided |b||oningul| roocbaoicalond/urcbecnica\ hrusb 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 he 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 ol'60-7( % Bahia and 3O-40Y6WccJy/undcairab]e. Suggested stocking rate is 3-5 A1JM/Acre (2.4-4.5 &c/6O). 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 Bluestein 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 11B 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: Geor.e Poole FIELD Plant Community ACRES AUM AC/AU AU Field 1 Bahia 213 2.1 -..__._1. .... 37.2 Field 1 FWM 77 7 ! 11.0 Field 1 Brush 43 15 2.8 Field 1 SFF 37 I 22_......... 1. ................. 369.4 TOTAL AU 53 Definitions AUM=Animal Unit Month,the amount of forage needed to support one(I) 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 (I)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: 68 118 Collier Co. Starne Lease ---, -----t: .:. .1.x -.,w.:.46."'''''''';'. ' s r .- .— .r 1 ....1 All . • 4 P r /v Legend f. Brush Lrrproved Pasture N Mesic Flatwocds Project boundary Freshwater marsh 69 11B 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 ' ; +`r '' 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 I XO XO 0 1 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 ���� 11B 8. Plan Map-Continuous Grazing System with existing fence locations. Collier Co. Starne Lease Property LA , L .......j„.. _ _. _ _ _ __ — - _ —,-.,.... es., -- - ,..,..._:,-..,...,..,..,,-„,..•,--- . ,. ,,,.., . a r ■ 1 ■ . 1 i k 1 ,, 1 1 r '' 1 I ,,A.4-.0,4 • Legend I • '!4p'I 4111.Nb • Gates Ez.sting Fences lir QReject boundary 71 0 8a. Proposed Plan Map-3 pasture rotation system 118 , . . 4 1 ..a................,.....................,..•.....es. ?,........., .1 #• i 1 t j 1 j •I % i Field 2 I Field 1 i i I r t t r er.rer•r•r.rr .r....r• i 1 Field 3 l 1 72 118 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" Limp° grass 12" 4" Platoola 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% thy 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 Alinnnum 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 1 1 B Resting Periods Based on Forage Growth Rate _ Forage Type Forage Growth Rate Fast Moderate Dormant ' | (Juoel-Sept l) (Mar l-Junui (Nov \'Mar l) Sept ] -0nvl) Bahiagrass------- 14-28 da --- 28-35 days 6O days ormore 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 da.ys 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 m-�uabnentswilt provide u 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 he deferred as follows: Improved pasture areas 30-60 days during the growing season (Marl-Oct 1) Flatwoods 30-90 days during the growing season (Marl-Oct 1 Fresh Water Marsh and Slough 30-90 days during the growing season (Marl-Oct 1) Areas that have been disturbed and planted to native vegetation shall be deferred from . grazing for ornjoirnunooF | complete growing season fbl!ovviogy|oodogor 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 1 1 B Areas that have been mechanically treated and/or planted, will be provided provided a deferment period to allow herbaceous plants to recover. The deferment will he minimum of 90 consecutive days during the period of March i to December 1. unless univ spot control was nppljed. If herbicides used to control common weeds and invasive species the grazing management will he 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. ii. 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 he 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 he 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. 75 118 Caracara Prairie Preserve Habitat Management Plan — Appendix C. FWC Interlocal Agreement FWC Contract No.11071 COOPERATIVE AGREEMENT 1 / BETWEEN 'IRE COLLIER ( ()L NTY BOARD(11 COUNTY. COMMISSIONERS AND THE FLORIDA FISH AND 'WILDLIFE CONSERVATION COMMISSION this Agreement is entered into tut , 20A. k.tetn the COLLIER COUNTY HOARD OF COUNTY COMMISSIONERS. 3335 Tamiami Trail. East. Suite 101. Naples. Honda 34112, hereafter Laded COUNTY, THE FLORIDA FISH AND WILDL.IFL CONSERVATION COMMISSION. 620 South Meridian Street, Tallahassee. Florida 323'49- 1600, hereafter culled COMMISSION. WITNEMETH THATi WI IEREAS, the ('OUNTY is a political subdi%ision created hy the Florida Legislature and given those powers and responsibilities enumerated in Chapter 12$. Flunda Statutes to include entering 11110 contracts with public agencies, pt IN.ate corpilations or other ivrsons, nid WHEREAS. the COUNTY, its successors and assigns. hold title to an undivided ninety- four point four 0)4.4% t percent interest to 167.7 acres of land, known as the Caracara Praise Preserve. and Corkscrew Regional F,cos}stem Watershed Land and Water Trust, Incorporated (TRUST) holds title to an undo.ided Ii se point si CS.nrit percent interest to the Caracara PI3trit` PICSeiNe: and WHEREAS, the COMMISSION is the state entity responsible for protecting and managing Florida's wildlife and aquatic life; and WHEREAS, this AgrcelliCin is atuhonied by Chapter 163, Florida Statutes Whik:h allows the parties to make. the most efficient use of their governmental powers', and WHEREAS. an land managcmern acti%ttic.,. implemented tot the natural cot munnies identified at the Caracara Prairie Pres,CTVC will he the responsibility of the COUNTY, as set forth ui thIC Interloal Agrtxmcnt bctv.4:4:n the COUNTY and Ow TRUST L:■411itni "A"):and WHEREAS. the COUNTY to pro\ide recreational opportunities, including opportunities for hunting, to the public on Caracara Prairie Preserve: and WHEREAS. the COUNTY deems ii necessary. appropriate. and in the public interest to authorise the COMMISSION to incorporate the Caracara Prairie Preserse into the Cscuevc Marsh Unit of the Corkscrew Regional Ecosystem Watershed Wildlife and Environmental Area ,iCREAV WEAL in .1..vorclance with he provision. or Chaptor 6$A, Florida Administratise Code; and WHEREAS. the COMMISSION currently manage. the Corkscrey. Marsh Vim of the WEA for the purpose of recreational hunting., and 76 118 WHEREAS, the COMMISSION will publish and distribute a pamphlet, example is attached hereto as Exhibit "B", a similar pamphlet will be published regularly setting firth 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 tric'.1 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. 'Elie COMMISSION shall provide law en tbreement patrol periodically throughout the year. 7. AUTHORIZED USES. Authorized uses ft)r, the purposes of this Agreement shall be defined as those management activities that the COMMISSION is authorized to pertorm under this Agreement and the approved Habitat Management Plan. The authorized uses shall be consistent with statutory requirements that the Caracara Prairie Preserve he 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 77 118 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 ofthe 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 Sii'ES. 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 l-labitat 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 1 1 COMMISSION and the COUNTY that no evidence of any waiver or modification shall be ofTerod 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 afresaid, 16. RELATIONSHIP OF PARTDES, 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 tlx providing Workers' Compensation Insurance and withholding services for the other party or its employees. Each of the parties stipulates that they are not aware ot any conflict of interest prohibiting them from entering into this Agreement. 17. OTHER AGREEMEN1[8, 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 114, 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 O. 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, FL341l2 Tallahassee, FL 32399-1600 Tel. 239-252-2957 Tel. 850-617-9583 melissuheoui'(�co|\ieraov.net [nikc.brookx>Jnov|\xe.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. Flowever nothing herein shall constitute a waiver by either party of sovereign immunity or statutory limitations on liability. 79 ,' 118 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 performlvork 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), FS.. 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. SEVERABtLITY 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. 80 118 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 1 FW 1 ( ontrac o 11071 1 1H IN WITNESS WHEREOF, the parties hereto have caused this Memorandum ot Agreement to he C‘CCLited through their duly aulhorired sigliatorie, on the da■ and )ear last below written. Emit party is signing this agreement on the (LAN slated !HAW* !hilt party's signature. The latest date of signing shall he inserted in the first sentence of the first page and shall he deemed the effective date of this Agreement. BOARD OF('OF NTY C,70MMISSIONERS FLORIDA FISH AND WILDLIIIi OF COLLIER COUNTY. FLORIDA CONSERVATI ' .' COMMISSION . ........ .,!..- '.. .,/4 /. -- Fred W, Cos le. CHAIRMAN ' OR IDA Fxeetztivc )' .ctor for designee IR /, i l■ i 1„fate, -'i"Lifirl. 1,' ',:'.4-121„„ _ ,--ATTNT— ,,,t,1,N%C.3 % Approved 3r. to form and legalitY: ,UW 14;14T-14-7ifftf,eft,11-,Eilli -Z6 Approved as to fbrrn and legal Commission Attorney sufficiency '''"c,s=lf's) FL ik. (3. ....3 -3 i'T t_. STATE OF FLORIDA Attachments and FAhibits in this Contract include the following: ENhihit A Interfax:al Agreement between Collier County and the Corkscrew Regional Leosystem \‘'atershed Land and Water Titht Exhibit 13 CRL‘k ',/aldlite and Env ironmental Area Brochure Pamphlet Fvhihn C Calacara Pranie Preserve Proper” Legal Description ‘hihit 11 Collier County Ordinance No 2007-65 .tri*ese; . A/TTEST D ••', C Clink C.?.,c awns I I 14 ...7. : g r...,.. A '',' ( 1-k.t. A _ 1 "nu ....1.1.3.11z. 1/41,0 Ds* Attseti* 11, CM11111. i '4+00isni 0.4 , - --.1Peed •rrr f,.. 7 82 11B ['WC lnterlocal Agreement - EXHIBIT I /V.' -- INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW REGIONAL, ECOSYSTEM WATERSHED LAND AND WATER TRUST CARACARA PRAIRIE PRESERVE l'his Agreement is entered upon this 11-3 day of , 2011, by COLLIER COUNTY, a political subdkision of the Suite of Florida, its successors and assigns, (hereinafter referred to as -COVNTr). whose address k 3-299 Tamiami Trail Fast, Naples, FL 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non-profit corporation, thereinafter referred to as "TRUST"), whose address is 23998 Corkscrew Road, Estero. FL 33928, WITNESSETH WHEREAS, the COUNTY owns an undivided ninety-lbur 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 lEREAS, the TRUST owns an undivided live point six 5 6%) percent interest of the Property; and WHEREAS, the COUN FY 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 1RUST hereby mutually agree: 1. I hat the TRUST authorizes the COUNTY to unconditionally use its undivided live point six (5.6%) percent interest of the Property for the purposes of restoration and management for the benetit of present and future generations. 2. That the TRUST authorizes the COLIN FY to enter into agreements with other governmental agencies in order to implement management activities outlined in the Caracara Prairie Preserve Ilabitat Management Plan. 3 Ihat all the terms herein contained run with the land and shall More to the benefit of and he binding upon the parties hereto and their respecti executors, administrators, personal representatives, heirs, successors, and assigns: 4. That CREW has no liability or responsibility for the management of the Property. 5. 1 That CREW will nut benefit in any way from the Property. nor assume the responsibility for funding management oldie Property. 83 1 1 B 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.BRACIC,CLERK OF COLLIER COUNTY,FLORIDA „ C y: irt175-1%."7417:" /1113vill FRED W. COYLE,CHAT AN Approval fortormLand legal Sufficiency: Jenrilar B. White Assistant County Attorney AS TO CREW: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, DA I EDA 1.A\ INCORPORATED, a Florida nonprofit corporation WITNESSES: (S nt `.) (Printed Name hAT/i EizaltA 5' k BY ill Hammond,Chairman (Signature) (Printed."; e st•phen A. Walker,Esq. Approved as to form and legal sufficiency: 84 CREW Interlocal Agreement - EXLIIBIT 1 1B PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNI`Y, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 0005 3080200 LEGAL DESCRIPTION: NORTHWEST QUARTER. (NW1/4) OF NORTHEAST QUARTER (N1 1/4) OF SECTION 30, TOWNSHIP 46 SOFFITI, RANGE. 28 LAST, OF C.OLLIIR COUNTY, FLORIDA. 85 11B F\VC Interiacal Agreement—Exhibit B r N co a t ( Q 2 :1 `"y f= \, c c ri 0 0 G 5 - yo - N t C y N N d N ; : - C ts c � � O tt/ rrtp zrr '"'�" ,,. "),x418,,: . c E CO a —y E �t1 rt. .,%, o tip `" •0 0 E r+ r, t t-1 x .2 co u. UNI n 0 .Y R o Lf to } i l'.-1.r a 5g p C C Ct (1) :Cs >, es O -, yr- `r ' > to u. 0 2 7 —t t1 T . 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 print. Area users instructions are available at county tax collector's offices, FWC offices or should familiarize themselves with all regulations.Far exact wording of the tr4yFWC.coni.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 MvFWC.cont 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 limiting 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 MxFWC.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 sears 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"too exemptions.° recreational use permits.antlerless deer permits (host)may only bring I guest hunter at a time.The lolloeving persons rue not and the Migratory Bird Hutting and Conservation Stamp (federal duck considered to be guest hunters:otter quota permit holders,non-hunters and stamp]): Florida residents who are 65 dears 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 Dishing Certificate; host must share the bag limit with the safest and the host is responsible for residents in the 11.5.Armed Forces,not stationed in Florida,while home on violations that exceed the bag limo.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 I, 1973 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 tux collector's ollicer;.Guest pernuits may be being issued a hunting license, except the Hunter Safety Meruoring 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,2I years of age or older,for one year Youth and mentor license holders:A youth hunter Hess than 16 years of age) Licenses and permits may be purchased from camty tax collectors,license must be supervised by a person at least IS years of age.A mentor license agents.at FWC comylicense or by telephone at 1-888-486-b356. A no- holder trust be supervised by a Iiornsed 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 y'ears of age or older must possess a federal duck hunt. If the supervisor is hunting during any hunt (not including special- stamp;available where limiting lictmses are sold.at most post offices or at opportunity)for which quota permits are issued,at least one person in the duckstanrtt.cons. 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 QUO'rA PERMIT INFORM ATION: hunt.A norm-hunting supervisor is allowed to accompany a youth or mentor AjSlten - 25 (Corkscrew Marsh Unit), 30 (flint Pet Strandfwestem Bird license holder during any hunt(including special-opportunity'). Rooker'Swamp Units),norrorst,quota permits(no exemptions). Muzzleloudtng_.,GG.lud - 25 (C;orkscrew Marsh 11n4 30 (Flint Pen Transfer of permits:Quota and guest permits are not transferable.Except tar Strand/western 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 Guru-25(Cork.screw Marsh Unit),30(Flint Pen Strand western Bird permit or guest permit is prohibited. Rookery Swamp Units),no-cost,quota permits(no exemptions). Spring,Turkey-5(Corkscrew Marsh 1-hnit),5(Flint Pen Strmd.'wtestcrn Bird Rookery Swamp Units),no-cost.quota permits(no exemptions)for each of 2 hunts. 86 11B GENERAL AREA REGULATIONS: HUNTERS AND CHECK STATIONS: AU 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 t-or this area.Hunting or the taking of wildlife or fish on day before the opening of a season and shall be removed by 6 pm.one this area shall be allowed only during the open seasons and in accordance with day after the end oldie season. the following regulations: 2. Hunters shall enter and exit the area at a designated entrance, except 1. Any person hunting deer or accompanying another person hunting deer hunters entering or exiting the("'orkacrew Marsh Unit shall use Gates 5 or shall wear at leant 500 square inches of daylight fluorescent-orange ti. material as an outer garment,above the waistline.These provision are 3. Hunters shall check in and out at a designated cheek station when entering not required when hunting with a bow and arrow during archery season. and exiting the area and cheek 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:nation. 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 .-mile of the western Northi'South Tram Read 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 centerfrre or rimtue 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,dnrtng period 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 mny recorded game calls or sounds,set guns,artificial light,net,imp,snare, concealed handguns. drug or poison is prohibited. Recorded calls and sounds can be used to 4. -Target practice is prohibited. hunt furirearers,wild hog and crows. 5. Hunting with a gun and light is prohibited. '. The wanton and wilItul waste of wildlife ie prohibited. 6. Muzrleloading 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 he 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 sender control while under the influence of 10. 'faking or herding wildlife front any motorized vehicle, aircraft or boat alcohol or drugs, which is under power is prohibited,until power and movement from that 9. For punting non-migratory game, only shotguns, pistols, bows, power,has ceased. crossbows,innzzleloading guns or falconry may be used.Hunting during I1. Most game may be hunted from t6 hour before sunrise until'.i 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 cur 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 m the magazine and chamber combined. any deer or nukey to the area t t. Firearms using rim tire or non-expanding,full metal jacket(military ball) 14. The planting or introduction of any not-native plant is prohibited,without aremunitimn are prohibited for raking deer. written authorization of the landowner or primary land manager. 12. Fully automatic or silencer-equipped firearms,centertire semi-automatic It 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 can 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 mottrcy les is 657-2253)or by individuals participating in the hunt. prohibited, except swamp buggies may he 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 he 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 guru and spring turkey or weft-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 hurts, 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 firelarne. 1. Deer-Flint Pen Strand I 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 21 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. 87 118 , ARCHERY SEASON: MIGRATORY 131R.0 SEASONS: August 6-14, Rail, common moorhen, mourning dove, white-winged dove, crape, duck, Permit, Stamp and License Requiresncnts - Quota permit, hunting license, geese, coot, woodcock and crow may be hunted during seasons management area permit,archery permit,deer permit(Shunting deer)and established by the Commission for these species that coincide with the migratory bird permit(if hunting migratory birds). archery,muxata oadittg gun,general gun or small game seasons. Legal to Hurst-Deer with at least one antler 5 inches or more in length,wild Permit,Stagtu and Licence 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 jteaulattwts Unique to Archers Season- In addition to these regulations,all waterfowl). General Area Regulations shall apply. local to HUM-See Migratory Bird Hunting Regulations pamphlet. I. Hunting deer is prohibited in the Corkscrew Marsh Unit. I,xn.+.iona Um a' to Mit .of ' S ,=or.- - 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 centertire shotguns are allowed fur 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. Centertire shotguns are allowed for hunting during established area pamphlet). seasons when one or more migratory birds are legal Io hunt MtZ'ZLELOADING GUN SEASON: FISHING AND FRCX,G1NG; Seats n ber 3-5. ttIlowed year round 2 home before sunrise until 2 hours alter filmset. Permit. Rainy and License Requirements - Quota permit, hunting license, Permit.Stamp and License j eatarements-Fishing license(not required when management area permit, nruzzleloading gun permit, deer permit (if frogging). hunting deer)and migratory bird permit(Shunting migratory birds). Legal to Take-See Florida Freshwater Fishing Regulations Summary. Legal to lima-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 hurtling seasons and only with the Regulations Unique to Muzzzleloading 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 INFORMAITiON: _. 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]nutting ,MvVWC.cont/ADi1,.. migreb iy 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- pam phi et). 571 1) GENERAL GUN SEASON: SOUTH FLORIDA WMD INFORMATION: November 19.27. This land was acquired under the Save Our Rivers(SOR)Program.The Permit, Stang and License Requirements - Quota permit, hunting license, purpose of SOP,is to conserve and protect unique and irreplaceable lands, management area permit,deer permit(Shunting 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. bog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote,skunk,nutria and migratory birds in season. COOPERATION REQUESTED: Regulations Unions to General Gut Season-In addition to these regulations, if yens see law isolators or suspicious activities, eonbs r your nearest Commission regiotn:rl office or call 14555-404-FWCC. You may qunllfy for a all General Area Regulations shall apply. � I Hunting deer is prohibited in the Corkscrew Mtush Unit. cash reward fivm the Wildlife Alert Reward Association. 2. Hunting with bird dogs or retrievers is allowed. The U.S.Dep rtnrent of the interior prohibits discrimination on the basis ±. Hunting with cenrerftre or rimfire rifles is prohibited. of race,color,national origin,age,sex or handicap.If you believe that wits have been discriminrss&against in or program, activity or facility as SMALL GAME SEASON: described above.. or if you desire fisrther information phase write to: The December 3 through January I, Office for Human Resources.US Fish met Wildlife Service,Department of the Permit.Stamp and License Reel :etnents-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 hided by federal dollars under the Wildlife Restoration Act waterfowl permit and federal duck stamp(if hunting waterfowl). Federal finds pay 20 percent Odle 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 groans to Small 011111e Season-In addition to these regulations, all General Area Regulations shall apply contact your nearest Commission regional office or I. Hunting with bird dogs and retrievers is allowed call 2. Hunting with centertlre and rimfirs titles is prohibited. TRAPPING:Prohibited. 1-888-404-FWCC SPRING TURKEY SEASON: j.Iareh3-6 and 7-I1. You may qualify for a cash reward from the permit. Stamp and license Reguiretnenta - Quota permit, hunting license, Wildlife Alert Reward Association. management area permit and wild turkey permit. Legal to Hunt-Bearded turkey or gobbler. j ectnlations Unique to Sortie Turkey Season-In addition to these regulations, all General Anne Regulations shall apply. I. Legal shooting hours are¶5 hour before sunrise until I p.m. 2. Hunting other animals is prohibited. 3. Hunting with ftreartns other than shotguns or using a shot she larger than#2 is prohibited. 88 118 _ fy, w � ' i _. 5 l e. ;---. 1 = i• — \ %•\ I ._ - - / ` 1: i1 •. ��•�� t■ n,�L.n.ltdy= I.• — -.. `�- T r. , /� i•• ,._.,� ,�..... 1 - = (. y I .r t y t• •!•♦!•♦ D I ' 1•••••!•!•••••••••• k J f , J r ;t-"4•••••••••••••••••• + i I T- I / _. ..+••••••!••• r:, : r •- 1 y__, _ - j ! !••• 4 or ►••••••••••••••{ •I - ' I — r, .II blA.tla�a•ala�.4 .__ ' ' r 'i r It ...... .� J • ®L _ r T ._._' - ■ r N = E -- _ - _ __.w. , _. , F A - - 1 r:' 1:). II.( s* n _ ;v.. s r •.••.4 1.x • r� 1 t v A • •t. E, I N ! PRI'I:R\'I' /.1 — _ _ _ i - A.1.); s "I m"i r J 0. III t 89 11B MC Inter local 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. ‘1/4pilEy (5 77S8298 8 1 1 B FWC Interlocal AlIrectrent— Exhibit D Kel REHM] ORDINANCE NO.2007. e 5 AN ORDINANCE AMENDING ORDINANCE NO 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM,BY REVISING SECTION SIX; CREATION OF THE CONSERVATION ((WI IER ACQUISITION FUND; SEC IION EIGHT: LAND ACQUISITION ADVISORY ... COMMITTEE; SECTION TEN: CRITERIA FOR EVALUATING LANDS FOR ACQUISITION AND MANAGEMENT; SECTION ELEVEN: ACQUISITION . • LIST; SECTION TWELVE: NOMINATION OF ' • ACQUISITION PROPOSALS AND CANDIDATE SITES: SECTION THIRTEEN: PROCEDURE FOR SELECTION OF ACQUISITION PROPOSALS FOR PLACEMENT ON THE ACTIVE ACQUISITION LIST AND SUBSEQUENT PURCHASE, PROCEDURES; SECTION FOURTEEN: MANAGEMENT PLANS AND USE OE ENVIRONMENTALLY SENSITIVE LANDS; SEC.TIO FIFTEEN: RESPONSIBILITIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; 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 Role Preners establiahrd b the Florida State rgislanue isn to Igor Slierures,Chapter 125 and has the power to(arry on gavel-mon( he eNtent not inconsistent■vith genera:law,and WHEREAS, Coll,cr County drshea to provide a rmhanistn to cqunahly deal with the tmplemenration of the Community Character Plan, the Comprehensive Growth Ntanaement Plan.which recommend acquisition of env innuncmal ly rcnsitiv,lands:and WI IERliAS.on Tuetday,November 5,2002,the elrefornte of Collie:County authoriiv,1 the County to levy a 0.25 null ad valorem property tax fur 3 period not weed III MN years. for acquisition, protection, remoration, and numaRaNnent of environmentally :sensitive lands in Collier County for the benefit of present and fiat"generations;and WHERF,AS, Collier Countv's significant natural resources. productive emuarirs and wetlands. remarkable bindiver5ity, and unique subtropical habitats harbv.Irmg many species of are and endangered flora and fauna merit the most protection any county's citizens'could offer. and WHEREAS,it is the intent of the Board of County Commisstonem of Collier County to establish Conservation Collier to implement this mandate and to support as purpnws 10 the fullest,limning all uses of,and 311 investment earnings on,such Levies to such purposes:and WHEREAS,the Collier County Bard of County Commissioners tecognires the need tor the creation of an advisory hoard w advise the County and the puhlie in the implementation of the program and the selection of project SACS for aCqUISLU011;and iriiitc.addrdl nfikodiftverbnleelcd, 91 118 WHEREAS, the Collier CoUnty Board of County Commissioners,in recognition of the fact that the proposed environmentally sensitive lands arc to be purchased in whole or in pan through 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 L'ommissioners will VISAIIC that Conservation Collier is a willing participant program and shall utilize only methods of voluntary acquisition: NOW, TIIERLEORE, BE IT ORDAINliD BY 1 HE. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION 1;Name:, This ordinance shall be known as Conservation Collier Implementation Ordinance. SECTION 2: Obiectivest Conservation Collier i3 therefore hereby established to acquire. preserve, restore, and maintain vital and significant threatened natural lands. forest, upland and wetland communities located in Collier County,for the benefit of present and future generations. SECTION:1—Findings; 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 fax 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—ru- e and Inient; I. 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 habitat': 2. 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, loca, awareness, and enhancement of the aesthetic selling of Collier County; In 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 plemi fir)water supplies and provide flood control; 4 To acquire, protect and manage environmentally sensitive lands containing the most biological value,including biodivcrsity.listed species habitat,connectivity,restoration potential, and ecological quality; 5. To protect present conservation lands by acquiring, protecting and managing adjacent properties which, if not acquired, would threaten the envinirtmcntal integrity of the existing rewurcc, or which, if acquired, would enhance and buffer the environmental integrity of the resource,and add to resource connectivity; 2 Lphisrjaisiseded,strikattwetOstieleted. . _ 1 1 B 6. Eo restore the natural functions, as necess.ary, 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 designatixi in the Plan and other natural forest resources, wetlands, endangered species hahhat, and vulnerable rare habitats; 8. to identify Collier County's hest and roost endangered cnvimmtiemal lands for acquisition, protection and management by evaluating the biological and hydrological characteristics and viability of the resource, OW vulnerability of the resource to degradation or destruction,and the feasibility of managing the resource to maintain its natural attributes: 9. fu manage acquired envirorunentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate natural resource-based reereationa3 and educational opportunities,by employing management techniques that are most appropriate for each native community so that our natural heritage may be presents]and appreciated by and for present and future generations: 10. 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 Cotany's Nuhcro pic;11 ecosy stems and natural communities, 1 I, To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Conservation Collier funds would leveinge 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 Lund, Florida Forever, and Save Our Rivers program, where the purposes rib such warms are consistent with the purposes of Conservation Collier as stated hereinabove. SECTION 5—Definitions: The following wards and phrase-s. when used in this chapter, shall have the meanings ascribed to them in this sixtion, -Acquisition proposal" shall mean (a)parcel4,s1 of land which hasihave been nominated or recommended for conservation in accordance with the procedures provided(err herein. -Acquisition project- shall mean(a) parcel(s)of?and 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"shall mean an organization as defined in section 501 of the 1Inited 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 Titter]itiudied,,strikyearoiighs-dr Iced -Buffer land" shall ntean that land which is adjacent to publicly-own 1 1 B ed envimnroental land, or privately held land permanently dedicated to conservation,or that land w hid' is an in- holding within publicly-owned environmental land, and which, if not acquired, would threaten the envinntmental integrity of the existing resource, or if acquired, would enhance the environmental integrity rind connectivity of the resovree. es, "Environmentally sensitive"land shall mean that land which contains natural upland or wetland communities, native plant<3mm-unities. rare and endangered flora and fauna, endemic species. end:inured species habitat, a diversity of species, significant water resonrces, or outstanding aesthetic or other natural features. 7, "Management" shall mean the preservation, enhancement, restoration, conservation, monitonng, 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, tt. "Target Protection Areas" shall mean !Wier areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. -Natural resource-based recreation" shall mean all forms of uses which are consistent with the goals of this program, and are compatible with the s-pecific parcel, Such uses shall include, but not he limited to, hikinu, nature photography, bird-watching, kayaking, canoeing, swimming,hunting and fishing,. SECT - ovation a the Con 'alien Co Her At: uisition 'r l ,d. Collier County shall establish the('onscnation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall icceive and disburse monies in accordance with the provisions herein. Conservation Collier Acquisition I rust 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, inundation in Fri%ate grants,donations for acquisition of environmentally sensitive lands and payments provided for mitigation activity associated with such acquisition activity. h, Such additional allocations as may he made by the B4Atid of County Commissioner l from time to time for the purposes set forth herein_ All interest generated from the soulues identified herein except where monies received have been otherwise designated or restricted. d. Supplementation from the Conservation Collier Management'Frust Fund,but only ter ith the approval ofthe Collier County Board of County Commissioners. C. Up to Eighty-five percent(1014)05%) of all ad valorem revenues collected for Conservation Collier. 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 1,,ladOire added;GisilksMAsti+Weiried 94 „„,. 1 1 13 '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 goitls of this Program. Prior to acquiring land located within a Municipality's boundaries,approval must first be obtained from the governing body or chat Municipality. The Conservation Collier Acquisition Trust Fund shalt be maintained in a separate and seeregated 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: Acquisition of properties which have been approved for purchase by cosoltition-of the Board of County Commissioners. b. Costs associated with each acquisition including, but nut limited to, appraisals, surveys. environmental reports, title eoronlitP1015:..,and insurance ',Adel soon*-svof,k, real property taxes,documentary stamps and surtax fees,and other transaction costs. e, Costs of administering Conservation Collier, including any loans from the General Fund for funding start-up costs until such time as the fund is dosed, 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 CO:liter purchasing policies prot*clitres. Administrative costs shall be limited to the greatest extent possible. 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 .sue41-aetraisi+ion-4s 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, inludin , the acquisition of easements,life estates,kases.and leaseback arrangements. Acquisitions consistent with the Collier County Land Development land tkov:e4opmerts-enga4a4ofLs and the Growth Management Plan. 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 itame 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. AU lands jointly acquired with other local, regional, state, or federal agencies, including Municipalities, shall include, as part of the acquisition process, some mutual vvrincn agreement regarding the responsibilities of the joint owners for maintenance. i. To borrow money through the issuance of bonds fur the purposes provided herein,to provide for and secure the payment thereof,and to provide for the rights of the holders them II 5 U.144:r4ric iddcd1,4rititOot *Ivratleed • 118 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 Statute&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 lender;or mortgage loans, b. Any projW; e. Any bends of the County; Insurance may be procured in such amounts and from such insurers,including the Federal Government,as may be deemed r$531)or desirable by Collier('ounty. To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice. in 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 Mooapetutrit Trust Egad; There is hereby created the Conservation Collier Management Trust Fund thereinafter referred to as the Conservation Collier Management Trust Fund) for the preservation. enhancement, restoration,vonservation 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 monks in accordance with the provisions of this section. I. The Conservation Collier Management.frust 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, 2. The Conservation Collier Management from Fund shall receive monies from the following sources: a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed 15% of the total collected in any nine year h. All monies accepted by Collier County in the farm of federal, State, or other goverrunental grants, allocations, or appropriations, as well as foundation or private grants and donations, for management of lands acquired with the Conservation Collier Acquisition 'Frost 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 ptirposes 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. 2. 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. a t,Ift,40141g OF•iiirthfeittivAritted, 118 SECTION 8—Emil Acquisition Advisory-Committee: 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- I he 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.200 l-55. Membership of the Lund Acquisition Advisory Committee shall comprise broad and balanced representation at the interests of Collier County 4:Mutts.including, a. Environmental and conservation interests in Collier County; h. Agricultural and business interests in Collier County, . Educational interests in Collier County:and General civic and c it inn 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.rourism or environmental education. A nominee shall submit to the Board L U C o,nritynconunisstorters 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 shod he staggered between the individual interests,for balance purposes,and be set as follows: a. '1'hree(3)members shall serve three(3)years. h, Three(3)members shall serve two(2)years. C, three(3)members shall serve one(t)year. Thereafter, all appointments shall he for a term or three (3) years. The process .or appointments and terms of office shall be governed by Collier County Ordinance No.2001-55, 4. Officers, Quorum and Rules of Procedure: At its eailiest 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(1)year,with eligibility for reelection, The presence of five (5) at more members shall constitute a quorum of the Committee necessary to take action and transact business. The Committee shall, by majorit;, 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, tindings and determinations in accordance with Chapter 112. Florida Statutes. Copies of all Committee minutes, resolutions, reports, and exhibits shall he submitted to the Board of County Commissioners, Attendance and Vacancies. Committee member attendance requirements, including failure to attend meetings and member removal from Ake are governed by Collier County Ordinance No,2001-55,as amended. 7 V nclerlins WO;stfik.iNfottOs-deleted, 118 6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: "[he 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 lloard of County Coounissioners an Active Properties Acquisilion 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 Roan.% of County Commissioners proposed expenditures from the Conservation Collier ['rust Funds; additional selection or acquisition policies. procedures, and programs; and other such matters as may be necessary to titifill the purposes of Conservation Collier. However,the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum vote. a. the Land i quisition Advisory Committee shall have no power or authority to commit Collier County to any policies,Co 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 nut be binding upon the County unless approved or adopted by the Bond of County Commissioners. d. At such time as there are ifiStIttleteht uncommitted funds in the CullSerViStIOTI Collier Acquisition Trust Fund to conclude another acquisition and all acquisition prink:cis have been closed, the Land Acquisition Advisory Committee shalt repon to the County Cnmmission that its business is concluded. Alt 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 he reviewed by the Board of County Commissioners every thin years inn accordance with the provisions of Section Nine of Collier County Ordinance No. 2001,55. as amended, SECTION 9.Property Elleible fur ACQUISith01$and:Monument; I 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 Ur) the immediate availability or' 013i13gertient money. 3. Arty environmentally sensitive land not on the acquisition list which is offered fur 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 he accepted and approved for management by the Hoard of County Commissioners. SECTION 10-Criteria for EVAluaiina Lands fur Acquisition and Mannement: I The evaluation of each acquisition proposal shall he based on satisfying at least two of the initial screening criteria below Qualified sites shall then he further prioritized by secondary evaluative criteria listed below under Section 2.The initial screening criteria are: nkImud a kla‘is sitslesi;strikothestualis 1 B a Land with the most rare,unique and cndanyted habitats found in Collier Comtv, order of preference: tropical hardwood hammocks, aerie oak.scrub,coastal strand, native beach, aerie pine,riverinc oak,high=rah(saline),tidal freshwater marsh,other native habitats, h. Lando offering the best human social values, including equitable geographic distribution,appropriate iii:CCSN 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 cumnt conservation lands through function as a buffer.ecological link,or habitat corridor. Any qualified land which meets at least two of the above criteria, and has matching funds available and/or?flitch Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. . oireu - 4d &s&I not- be : - - • let'saanapitia•kaost-tioundarkaa, *lhose proposed acquisition proposals which are initially qualified under the screening criteria shall he evaluated and ranked by the staff and Land Acquisition Advisory Committee using Sceondary 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 roost thrcanened 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 port hereof the attached initial list of'l'arget 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 l.and Acquisition Advisory Committee for a re,commendation of approval to the Board of County Comm i s5ioners. In accordance with the goals, policies and procedures of this Conservation Collier Implementation Ordinance, the following list is the first Fargo 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 I and Use Map of the Collier County Growth Management Plan with predominantly native vegetative cover, All Collier County Natural Resource Protection Areas 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 Gale Estates, as shown on the future Land Use Map of the Collier County Growth Management Plan. 9 underline OdecLiarik44frowg4s-dokiksi 118 d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Plan. 4 The County Manager shall prepare and periodically update for presentation to the Board of County Commissioners,a Conservation Collier Program Miumul,developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners,shall be used as a guide for 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 proceun shall be immediate upon approval by the Board of County Cemmissioners,passage of the referendum and appointment of the Land Aequisitiun Advisory Committee, even if he manual has not been completed. SECTION 11-M.(111110i011 List: ihc 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 sot 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 iiiitially 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,pit-KA:141TO and enteria, The Active Acquisition List shall consist of criteria-qualified sites that have been selected from Target Protection Areas, as well as qualitied acquisition proposals submitted to the Land Acquisition Advisory Committee by the public, all of which ave d- rause basteppileetiensesubmitted by hem property owners. The Active AcauisitionList.Sila senarate proposals into three,Olcategories,,A(Pursue acouisitionl, l (hold for re-ranking in 'NAM cycle). and cJiNxLi i .e uirip t.. The A-crate eislirojects hift be,.furthee valcgoriati ys I illigh..PristritY)s 2(medium priority)and 3(low priority),in,Qteler to g,iye. C*Unty staff direction as to priority for acquisitioneasIsse The Active Acquisition List shall he updated periodically according to Conservation Collier procedures and crikeria. Site acquisition proposals that receive the highest evaluations pursuant to the Conser-eition Collier criteria and for which acquisition is feasible will be placed on this list,pending rectommeealatiort.approval by the land Acquisition Advisory Committee and approya4by the Board of County Commissinncri 1. Once approved by the Board of County Commissioners,the County shall actively pursue acquisition of A-catcgo projects on the Active Acquisition List. All sites shall be pursued on a soluntary -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 succeeding list, withdrawal of positive interest by the property owner,or by resolution of the Board of County Commissioners. Projects removed may still he considered at a later time. ,SECTION 12- minion or acquisition proposals and candidate silts; 1.,rt4falAt 444c4LtarikeihrolOc4ektad, 1 1 B NomMations for the Conseniation C9Die,,r,Ptoplarrt may be made Ily_Apy,persclit Or telatliZatiOA.,including C'ollicr CotiillY rcg;l03441,.. State or Federal atencies..,ts.y _cc ntaetiria program staff in'writing and priiIisting positive identification of the varcekprujey2 ihrough a map or .1.5!lio nurnberts.1. Staff will .0iindAt..in.tittirti to the owner In the. form..91;Pi interest letter advising of UK luntlittatiun and asking if the owner wisiles,to submit art application for consideration to the_co n.Wrvatif.ol,Collier Program. 2. An owner may,nminale his or her own a crt itin g an application, Countlr,will send letters of interest to proNny owners within 1 argot Proteccion iiiSrVia$ as directed by the Land ,...Nekitottion (N,slyisury Committee asking iLthe O,Wner wishes lo i4l,brItit an application for consisicalik)11t9 the Conservation ,Prograin, 4. An aPP43090,$,Ubrtlitted by the property owner ultteroptity Manazer or hi s.d3;istoce shall be evidence of a willing, ller, 5, Whik p, Spcoiliiio si t . • .ii--ifttfrVillual p. -- - .- 'Vorget Prt4 -.. , have gen. . - - to tt k44vc-o4 - .ntOitHy- •• t • 2, ----Public and landowner applications nominating properties for aequisition may he submitted at any lime, during or after the first annual public solicitation meeting (described below), applications shall t5e gatherc‘i and evaluated within the framework ,! 1'an 4cquisiOon qc1c, whis,h,iiIng frame shall be nuhliely announced. hy-any person er-o '• Cether-Coenty-,-/- All-fietbinutiens-ohnh- -• . . •_ -.-tOrwarded-to-deirnated-.4.terff-arvd-the-4..aind-Aoquidvw-sery 4, (, There will be an annual public meeting for the purpose of updating the Hoard of County Commissioners and the public and for soliciting proposals and applications. The first such meeting will take place at the end or the first year of implementation of Conservation Collier. 4. 7, 11 the-iipph treta- o - - - - -hy an fot "- ()sync,/interest shall be disclosed in appli.e.otions in the same manner as required of wiling applicants by the Collier County Land Development Code, ,341o1l not app! mentol-opplicotos. 6 lf-the-eippheant-Oces-tvet-hove 4111-- '- • took,propeo-y—e•aisitsrie4-4t-tini oppliot)tion-eri-m1--the--apptielarini-is-a „ — i.undithildresii-e-c-the-ftwitiori-as ted-in-thie-Propetiy-Approiser's reeorsis-sbail-i-be--pros, rtl-with-thie-apoatii,on, I - Pro e,uj o se.uisition a. r dacernent on t Active Acuutsition Litt and Subsequent Purchit.se Procedures; r\equisitiorsproposals Co; which applications nave beep received shall be prcs.creene,4 using the initial screening criivria, Those that satisfy_two t2f out of six ((ij of the Initial SCrcsMic1.0.Critcriikshajj he forwarded to the Land Acquisition Advisory Committee fur a pate for complete evalo4tion, t rrdertme alsjed;sitiiiibiiihruagiiiR deleted, u 11B t. vim► ty Target tar weetioni.Aiwa.'`,- .. .. - of inquiry- .. within these irtrget larotestt _ Well ... • • .• -stuff fax-prelititirta�r rs`eies+3 using the-initial sefeeninter3tctid: _- After the first-annual - , } �itlwrtr' itt$' - ► -1el+en. Deritgrtateti statf-u s}to-fernier♦-sereert ng-driteria wilI rear - V., t _..Acgttisi,tion • sals which do no s " 1y thti; jntlaal acrecninst cntcna e,r w h c1b >;ttist`v litjul screening criteria but for refuel„igasuns : -fit do may nut fulfill the purposes of Conservation Collier of-do not ,` ` - - -- Nil l be reported to the Land Acquisition Advisory Committee and shall not he evaluated turlher unless at !cast five 151 members rif the Land Acquisition Advisory Committee vote for a complete evaluation, 3:3, Proposals which satisfy the initial screening;will be furthctvbr'aluated„fmsrescntation are fefwaivied to the Land Acquisition Advisory Committee anti-sluff-for critor a review and ranking, -shalt byal r ai lode ttsite visit,which staff shill cowslip”;s itti the p-roperty owner, and which mks/ include_.t r..Advisory Committee member, review of information a lxm Byteecl{Sl available in the Counter's electronic,tialaixises arid rest-arch into any other records retained by the(golly about„tlle parcels), Using both observed and gathered data. staff sha I prepare an initial„Criteria Screening Report tIC.'tiltl %.hi.t) will itt4t trig_ tt«I along,with-ei ttlt-propssal: boundary and location maps for each site. descriptions of the biological and hydrological characteristics, inehiding initial criteria satisfied. a summary of its potential for appropriate usc,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. #hia-Ftet}t 4-V `- - `- 1n.itiaf s'riteriet bt eeoisig-Pvepart. i4. Upon completion of the In InitialCttleftilSereeffingRepoff ISCR, the Land Acquisition Advisory Committee shall hold a public heating ii+--vionsider the try for fsresentutiom of information contained,in..lht I( R,.rcgardinb each site, the applicants' and or landowners' comments.and cornmznIS from the public. A courtesy notice shall be provided to the owners of properties which arc the subject of the hearing. although failure to notify said owners shall not invalidate these proceedings, fi Mier all properties within the current acquisition cvele_h•ye been presented,tTe land Acquisition Advisory Committee shall evaluate all qualified proposals using i+le—seeondary ntnfiing criteria;as documented inthe 1CSR _atonic with, acid public coctuuents,and their nst perjcncc,-4ytori_judionents,and then ra k the paresis iieewithig edthe A,B and C ranking categories to et-&a recommended rte-to itkt>drproposals for the Active Acquisition List at tin ,tie lie hearing, $absetbttein Additional meetings may he called to complete this task. • Cotail ah°1'(--eaaesiiauttro in ti. NVilltisition--A veisory iiTiiiis!ttlki i' . - .. •-4tf{ .'ietti-e • iii_iii: . `ire Sit. " I tnioal- t i+ 1' t_nder lire oddest, i+r-denied. 118 7: t C -•efimpiektie+t-MtAtor stai• _ :. , F a -Ac ui [tat v C a, stir:nC drib -try,: uppeewe-the-Aetivir Aei}ttisitien Lit; ,Booed 6, The recommended ,etiY....,t,Liluisition List shall be f<rwAl'A4t o the Board of County Commissioners, c,.in a public meeting.shalt vote can whether to approve all or part of the proposed Active Acquisition List. prn crttes,.ittty; $ red but any additional prtl:ttie ntu4t ai, ,1tjc4tgj to the entire evaluation stOc s , 7, County Sta l c 11.p atify,pet petty tamers and the 1-itiblie of tlte final approved .Active Acquisition I•i r„, alut any.,... :. r ddit , - = - gnu tdditionm bje -to the ctttir evelaattatr m€ s- 8. After approval of the Active Acquisition 1,ict,}°tcal ld,syne Services staff will arrange for tl5,,,for(tccateaory varcels.proicets at-td who,a plaisala.Ac received make an offer ter tit4 wvvrtettws pursuttrtt to the arprtwc4.,{;t7,nx.r ataon Collier Land Acquisition rttrch e,,. Polka (Resolution No.2O03-19543 superseyied). Parcels located within the Rural Frintwe'vtfxed Use District ”Sendintt nt__ Winds N $abject to additional requireme in x r itrdit „,Tr«u,ktcr_.._ot Uc 1o011.nt.F?Sights #717RI credits, ds specified in IiLe('ottser`ittien CoIh.r Land acquisition Purehalte Pali- Resolution (Ital-le) or ussopersciled, the will Jima On an offer is accepted,,Real Lstztt4;k ryGCes staff will prepare a es3ttUr tct and reQuest die comer sign "fhis y gtt? met7jjtr;tc;t will be presented to the anti r,..,_V tsittv?tt Adva'eri Committee at a public me tine lwa!1 ide,by majority vote. whether r,i r+rg etutl a po'«al of the contract Wilk,,BQard Of Courtly Commissioners, ra,long with i11w t ojlttuact ,staff wdl Qreevide witltF -terra a Project Design Report for eaelt elepruject, including c--n51, i ai title seseafetii htstnry,card purpose of project,and rrrui;ram qualifications. ,.,rc, c\fty:t."Qbtaininu a recommendation from the I,atvd Acqui;IItjort,Advisor, Committee, the y ntr"act,Proiect,_esi n it Tort,n.4/ancl, cq,,k shit n Advisory Committee recommendation will be presented to the lanard C,uuu1y',S..91nrnissiuncrs at a public hearing t r_lhcit._teviewf' and aci ruval.. q Lim grn Reports. - __ ity�vote, whiarpoojeots are 10. the hoard of County Commissioners shall have_tjtlul.,.tipprova1 authority for AO appieval 411 -. _ = - des Latxcl Nog orotiations f :+tiratiKmtr.. 14tio- eg a+ate 4 . ,: _ .•- _, - i wt, whit ...party our s atttherieed-lay-the-440e4-ef f=tai+ttt�-{-:t'>ttutti a5iortrrs: t f L n sue . Otiattton;4- ti nt}- a4# wt}l- resen3-tc+•• t -i tr+ci mmit -ttte-propeseit-eotitruet t- - - • ,v+caw arx1 +tray- tI-wilt-f r4-hne•reconttt n€latikatns--of the-4;attel-+ e3«:fetisiiiou Advi5 'r-Corttrtait .- --Q t i,. ar4 r tt rn+.1ed-for i ta*rrt-a l"tb-r+ •-. a 1 to,r fluted: J3 ltndert AtideJ;,s€r r bout[ deirred. 11B 4- The-Boa - -... the contract terms for each proposed project and shall authorize any and all purchases. ll I. .. ()pcc a contract has been uproviaund executed by the Beard of County C;nmt>},iss., i t in accordance vijtl] c)l4lS„o ?IiciC . Beal [stale Services staff shall proceed to..nsc,on„t.11e lzl4h: Wt>.fproeny in accorduace with County policies. SECTION 14-H1anttuement Mans and use of environmentally sensitive lands_ I No later than rtty-041 nincty_ptlJ days from the dote of acqui iron, an interims management plan for any properly acquired shall be submitted by County stall` to the Land Acquisition Advisory Committee for approval Upon approval,the plan shall he submitted to the hoard of County Commissioners fur final approval and shall be implemented by the County Manager pursuant to the Board's direction_ Any such interim management plan(sl shall not be implemented for more than two(2)years after acquisition of the property.prior to the expiration of two[2J years,either a new management plan shall be implemented or,by affirmative action of the Board,the interim plan shall continue. 2. A final management plan, with required review and updating every ten years, shall he prepared,with review and input of the Land Acquisition Advisory Committee,for each property acquired by Conservation Collier which shall (a) Identify such management activities as arc necessary to preserve, enhance, restore, conserve,maintain,or monitor the resource,us appropriate;and (b) Identify such uses as are consistent with the preservation, enhancement, restoration, conservation,and maintenance of the resource;and (e)Estimate the annual costs of managing the project. 3. Annually, the ten-year management plans prepared during the preceding year shall be 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 date 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 fur approval. 4. All management plans shalt be consistent with the purposes set forth herein. All properties acquired or managed through Conservation Collier shalt 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 wider Conservation Collier that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the propertyi ts. 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 permanently extinguishes all development rights except those strictly compatible with the purposes and goals of-Conservation Collier, unless such lands Inc esshaggjeLf.ny similar lands w•ith'n as d 4ween multi-parcel projects that have been pro iouslY•recommended 4�he.c4,iservation Collier Land Acquisition rSilvtso12 Committee and approved,by the,3uluel sf County Caxnm'ss eat ,irt...,ucsorvlance with t4 Underline 40ti Hkwv sa de rled. 118 the coals and purpow„s of the Program In case of these land.-xch -es develo ight tv$10teil to those properties exchanged out of county osviirrsItip. X. Public access is an important element of management and this Program_ Examples of permitted uses, subject to compatibility with specific meek, 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 Connty's school•ag,e population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communines, SECIJON 15-KesPQnsibilitics of thc County Moniker: he County Manager shall facilitate such activittes,designate such staff.and assign such responsibilities as are necessary to fulfill the purposes of this ihilinatice,chapi .,-The-pnariogef 41417-si-e-twininiiini.- hip-foi^ 1-,---1-)esigniite staff . -•• " - 41 itt.V0 • • • •.• - - • - •tttilli pions. 2. - - Ariel-Aequisition Advi,oro-C.omeni+tee-mt negotiation r - •ifeveieti-tiegetititiint--strategic ii-for -•'•:." ^ • to MO rtiitw- •_ . • 11061.1 tiaitit'S 'ea Dtpttril - ' seni ti PC.--Ktfka-aftil spc C N Su t oldie Conserv-a ion Collier Ad V AA; I. The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless reauthorized through similar voter mierendiun approval. 7. The Management Trust Fund continues in perpetuity, as long us Conservation Collier lands remain in county hands, SECTION 17-Inclusion in the Code of',irks god Ordinancrs: Thc provisions of this Ordinance shall become and be made a part of the Code of laws and Ordinances of Collier County,Florida.. Me iicctions 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%Nord. SECTION 'S -Conflict nod Sevrrobility: 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 he deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 19—E et lye Date: this Ordinance shall take effect only upon the passage of the November 5, 2002 referendum levying up to 025 mills of ad valorem taxes for a period of ten(10)years to fund the I Undtriipe 34,*41:ssfik.s.qriseeltd-dcleteJ 1 1 B acquisition of ensironmentally sett:slow lands and its being tiled with the Florida Department of Stale PASSED AND DULY ALX)Y1 ED by ex. Board of Count). Commtstiotvis of owity.1 lorida this,,,,VIday of(,,P, Nfil BOARD OF COUNT V COMM ISSION LiS I)Wl( U F E BROCK,Clerk t OIL ll'R COIN IV,II( UDA 0.1.41A . ._(" • At I */ , reg* s JAMES COL/31-1A,Chairman Approved as to Form And Legal Suff.'s ietu.y:' Jen*or A fielpediQ, $Sistant County Attorney fbc Ca.,■70 r. WA* , ZOAi e kn Ivo tho rhes civy f NetiAlltir L'N1034tver4esciempe00.4ricttJ, ay 106 1 1 B STATE OF FLORIDA: '' tfirrY OF CCr,L1FR: :, LWICET E. PRCCK, Clerk or Cur-rr.r.s In tInd for the Twentreth Jud,:f.::..ai Clrcult, Cl.r.,11:..er Lahhry, .:,:c.1-:da, do per / cert:fy :-Tat the fategoth,1 18 ,A trtae and correct ORDINANCE 2007-65 WhictI was adopted by the nDard --,,,f ;77ourty f72 =IrsaiQhurit on the 2'..3rd day t‘J.... 0-ctoher, 20jr, '..itatihg Regh!at Sessa,,nn WtTNESS my hand and the rAticial seal or the 3rd of county Comniosiono J:.)t cull CQurity, FLOr,do, this 27,rh of OctcbOt, DW:'11rt 2]..erk. of Courtrtd :Cletk x AtIcto to 73:.:.a.4,A tr,i Cohrtty Cbmmhem: Pent )/' I. ,IlArt.';',1 ,14.::: :: : ,...e,c;—, -- 107 116 FWC Interlocal Agreement—Exhibit E Q • C rtf LL .. II 41. 90 it 1 �o ' a - f , CI m N {T LZ 4 ■ TI I clF # 44 t r w 0 r`fi t'1 t' t j y ..- •t. i y• o,�. y ;iA/t Kam . r.' _ a � �• w r- !° y i 1 i co t 2 1 ..."-,Z7E;-�. r 3` - 1___.o-"-_ j ,_...k . _ 41,.-f , + T _. k - +•+ .Si . 1 N 1 }} `j y U 6 t— st r ' i h o - , h r co c7,,,- .'N ., (U l'' 00 `4 C) tV k.� 4!, * k a :fix 9 _ V^, s :. t I d Pu "s . - �'` „4 , „ ,r, „ , , _.,„.2,,, , . ,: _,r,,f7:71 ::' '1.' � '" ? ,, Y .�, `., - .may c.1 r- f' �„ ',....,,i-..,,^4,7-. W 4`. C •7 I •' r r` f j 'd. a � , „ +si ac fp a r i ( ia w� &€ X d Of c" ; c N e r.. •„,,Ati. - - I g!,, L PI ''” '?'„, ''. - p i r'..-4, ....— -r--,..------- . � N M j 77 ;-x LLL" 108 118 ., Caraeara Prairie Preserve Habitat Management Plan— Appendix 1). Oil, Gas. and Mineral Lease Producers 88 (9/10)—Praid tip (SP 4.75) arigOgitwAu BROS A,CCiELANOr WI With Pooling Provision ■IirsissippSiAlebams•Floride OIL, GAS AND MINERAL LEASE THIS AGREEMENT made alit-- if.e4X day of /14,44 20 0,1_, between Hugh E. Starnes and wife, Judy Ann Starnes • , .._ terror (w(narther ono or mace),.120aq addfrea ta: 3 715 McGregor Blvd. , Ft. Myers, FL 3. 3901 ' Lod Wesley E. Williams, 17170 Waters Edge Cr. , N Ft. Myers, FL• , lesser, WITNESSETIL I. Lessor, in consideration of Tizn ,a.nri 00/100 of which is hereby acknowledged, end of the covenants and agreements of lessee hereinafter contained, does hereby grant, lease and let unto letter the n.sired hereby for the purpose,and with the exclusive right of exploring,drilling, mining and operating for, prodncing and awning or), gees lint tint ionic , stilphar and all other minerals (whether or not similar to those men tinned), together with the right to make surveys on said land, lay pipe estoblith and utilize facilities for surface or subsurface disposal of salt water, construct roods and bridges, dig cartels, build tanks, power stations, power liar, ifiephnne lines, employee houses and other structures on said land, necessary or useful in lessee's operations in exploring, drilling for, prOrdoctryg, try.,(■Ox, >acring end transporting minerels produced from the tend covered hereby Or any other laud ,Mincent thereto. The lond covered hereby, herein t died .-J-. 'n cooled in the County of Collier Florida State of •iiii. t iilet,,,Ot41 An riWOWS: TOWNSHIP 46 SOUTH, RANGE 28 EAST — Section 30: ALL letn: 4039327 OR: 4250 PG: 1445 RIC III 18.50 V131,11 I RILLIAMS RICORDID in the 0/11ICIAL RICORDS of COLLIER COM, IL DOC-,70 ,70 11110 IATIIS IDG1 ell 00/27/2001 at 02;1411 DRIGH/ 0. BROCK, CLIRI It F? I1II3 /L 33411 3121 WHt:nEVER THE FRACTION 1 /8th APPEARS IN PARAGRAPH THREE BELOW, IT IS HERE'lY EXPRESSLY, AMENDED AND INCREASED TO READ. 1 /5th. .,,,,,„.._„._...........,...„.__., This Instrument prepared by, -0,,- 1,-- 4,„ ()e - '.., Wesley E. Williams 17170 Waters Edge Circlet( N, -\ -„, - North Ft. Myers, FL 33917- 828 , , 1\ 1 „.,----,, ,,.., ,,,„.„ ,..... —,.....,,,,c_......? c,„ ,, ---,, ,, ...„,:ii 'flit !tare also coven cod izcludco• in lladiticni to 41t 03014is41,ct. . 14 nl..,,,,ii.in_con oat or itdacent to or adjoining the land above described and .ir, retf (et ownen or ctaimed by lessor by linntation,lpres ptIons, postau '7.' ery otsI,ot,, ,,l d tesswument or t(n) ea to which lessor has a prefetture Aght of acau;drab on a Lessor II Vet"! to taefitglf any suppietnesepsi isoressys4csat '‘agyastagi ytuess for a ors pionsplet*or accurate description of said land. For the Puri ,,i''''t ,„.., „.., pore of determining the amount of any bonus os.oth_pk pisymenl heinunsiar,Hid—tuna sliaLFAtrerlsetilisektp contain 640 Arre4, ,...1,-C^.^, ,„,t:1,11ily container-es more on NM and tlitieboxe recital of acreage in any enact shall lins dectopesd-tp be the true acreage thertroOl. LASMOrl accept, tto trOOlil as rump t,tm contideration for this 11111.311 and r:istla.' and options hereunder. 4,1 , / -‘ i rs Ublers sooner terminated or longer kept'isa 1:4s under other provisions 1, -, ,leapt tit plantar, in force (on a term 01.5:14Ye roars from rho ta,or Ooic her,icit, hererne(ter called "primary term”, se,4,,,sa nog thereafter SJ opera tioatu,;-ete>her ^e,ftee ed,are conducted upon laid (add o o collation fox —7"r., -, ,. r''',. -.....,, Or,,, e him mnoy Odd) fi012116CUthrit days. A> mystry, lesin• covenants and epees. ta) .,, . de,)(es to the credit,of lessor,iitS4 i.4i,pa.,:fine to.which lessee may connect its wells, the einal one.. • \''Irit'' '11 cazhth (art of all oil produced and saved by lessee frts$1.,41111. do or from UT*to.tor.4it.,41,-•Option of les!ne,to pay factor the*Nance posted market pure of rat tit oncieigl)th port of such oil at the Weal Ili WU,..sly,ft,P1 ruin tO the teaWritOtia If petiiiiel tankt, iell1Or 3 interellt, in wither case, to brat ouortIghth ot the rant 01 trtatpug oil to roujet It marketable pipe lin'as-Oiir (b)."Tts-PstY—listsor-ob‘gakrut, ,dxasinaliead gas prnducell from said land (It ntlea sold by lessee, cre-eitthili of the ornonnt realised by lessee, computed at thexmoptbrotthe wed4,ifet.2)Veartiet used by lessee off said hand or a ft. 0141,as:rare of g.isoliae or srro'r orr,:to.tr, the market value, at the mouth of the well, or:ono-rig I'1,4ssi Uras'lnad.casinabead 1‘.1t It) To pay lessor on all ot!..r rtimerals mined and atai,red Of or a,' by lessee from raid land,ooe-tenth either in kindivii_yalue,,g,L,21te/Well or mina at lessees election, except that on sulphur mined and rear., lc,/ lire rofalrY, di ho one dollar (31i1(0) Per bog too, If, at the erptruebu of the primary term or at any time or times thereaf(er, there is :int,' well on anal t.,,,,1 or oar loot), with which said land or any portion thereof hat been pooled,capable of oroslucing gas or any other mineral covered hereby. noel all ,,,gta, a,,..rant,,,i., thin Iiii,irit ‘1.all ninv.rrholo,.. .4,,,,,,.ii, a,, ci,,, .. .... i,...,...,. ........,:,. , - t.• . . 11B uue1al cuvercu uereny, Anti an rues Baia are slrnt•in, this lease shall, nevertheless, continue in force'as though operations'were being conducted on said land for to long as said wells are shut-us, and thereafter this lease may be continued in force as if no shut-in had occurred. Lessee covenants and agrees to use reasonable diligence to produce, utilize, or rnarkci the inlnerala capable of being produced from said wells, hut in the exercise of such diligence, lessee shall not be obligated to install or furnish facili- nes other thou well facittics 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 ttnus unaccr:(stable to lasses,. If, at any time or times after the expiration of the primary term, all such wells are shut-in for a period of ninety eon• tcs..tirc days, and dunttg such time there are no operations on said land, then at or before the erpiretion of said ninety day period, lessee shall pay or tender, by check or draft of lessee, as royalty, a rum equal to one dollar (:1.00) for each acre of Land then covered hereby. Lessee shall make like payments or tr,,len ut or before the end of each anniversary of the expiration of said ninety day period if upon such anniversary this lease is being continued in force solch. by reason of the provisions of this sub-paragraph. Each such payment or tender shall be road* to the parties who at the time of paymeot would be en- rirli• 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 ....� Bank at or its successors, which shall continue as the depositories own- er-0.p of changes in the own- erup of slurp n royalty. If at any time that lessee pays or tenders shut-in royalty, two or more parties are, or claim to be, entitled to receive same, lessee may in lieu of any other method of pa ent 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 ownershipps thereof, as lessee may elect. Any payment bereundet rosy be made by check or draft of lessee deposited In the snail 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. Noticing herein shell impair lasses 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. i. Lessee is hereby panted the rigbt, 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 rhrrertuder, with other lands, lease or leases, or portion or portions thereof, ar mineral or horizon thereunder, so as to establish units containing not more than 80 surface acres plus 10% 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, U unitized only as to gas or only as to gas and liquid hvtlrooarbons (condensate) which are not a liquid in the subsurface rascrsurr, If !urger snits era 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 sue required by such ovenunentel order or rule. Louse 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 avid land or on the portion of said land included in the unit or on other land unitized therewith and any such unit may usciude any well to be drilled, being drilled or already completed, A unit established hereunder small he valid and effective for all purposes of this :rase esyn 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• w:ctt'd on any port of tuck unitized land shell be considered, for all purposes except the payment of royalty, opsretioas conducted under this lease. Then ilia': he nlio<.rtrd to the broil covered by this lease included is any such unit that proportion of the total production of unitized minerals from wells in the nrrsr Li:ducnng any used in lease or unit operations, which the number of surface acres in the land covered by this lease included in the unit bears to the total number of surface acres in the unit. The production to allocated shall be considered for all purposes, including the payment or delivery of roya+ty, over- riding 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 int lit:led in such unit in the same manner as though produced from said land under the tercets of this lease, The owner of the reversionary estate of any term at airy or m aeral estate agrees that the accusal of royalties pursuant to this paragraph or of shut-in royalties from a well on the unit shell satisfy any limiration of term requiring production of oil or gas, Ti. formation of such unit shall not Lave the effect of chauginit the ownership of any shut-in productsou royalty .hid may hecomv 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 nor so release as to lands within • unit while there are operations thereon for unitized minerals unless all pooled leases are released ss to ands ivitlue the unit. Lessee may dissolve any unit established hereunder by filing for record in the public office when this lease is recorded a dectara000 to that elicct, if at that time no operations are being conducted thereon for unitized minerals. Subject to the provisions of this paragraph 4, a unit out• established hereunder shall remain fn force so long as any lease subject thereto shall ramain in force. A unit may be so established, modified or dissolved dur- ing the Jr t of this lease. • 5. Lessee may at any time and from time to time treat-rite and deliver to lessor or file for record a release or releases of this lease as to any part or al of said land or of any mineral or horizon thereunder, and thereby be relieved of all obligations as to the released acreage or interest, ti. 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 tern. Whenever used In this teats the word operations' shall mean opera- cross for and any of the following: drilling, testing completing, reworkingy, recompleting, deepening, plugging back or repairing of a well in search for or in an endeavor to obtain production of oil, gas, tulpbur or other minerals, excavating a mine, production of oil, gas, sulphur or other mineral, whether or not >A paying quantities. 7. Lessee shall have the use, free from royalty, of water, other than from lessor's water wells end 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 pieced.on said land, including the right to draw and remove cuing. No well shall be drilled Dearer then 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 crop and timber on said land, 110 • 118 8. The rights and estate of any party hereto may be assigned from time to time in whale or to part and as to any mineral or horizoo. All of the covenants, ,ligation, and considerations of this lease shall extend to and be binding upon the parties hereto, their heirs successors, assigns, and successive uncial. No .ange or division in the ownership of said land, royalties, or other moneys or any part thereof, howsoever affected shall increase the obligations or diminish e nghts of lessee, including, but not limited to, the location and drilling of wells and the measurement of production, Notwithstanding any other actual or instructive knowledge or notice thereof of or to lessee, its successors or assigns, o chants 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 amigos, nodes of such change or vision, supported by either originals or duly certified copies of the instruments which have been properly filed for record sand which�d�arsoh change such divisiont.y and of such court records and proceedings, transcripts, or other documents as shall be necessary is the opinions erderhsuuch royaldes�o«other moseys, If the credit of ownership decedent in reason eipository bank provided for above. may, wwrthsiw, pay or 9. In the event lessor considers that lessee has not complied with all its obligations hereunder, both a tees and implied, lessor shall lessee in wiit- 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 no is 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 (80) days after service of such notice on lessee. Neither e service of said node,nor the doing of any acts by lessee aimed to meet all or any of the alleged breach.' shall be deemed an admiss1oo or ;assumption at lessee has failed to perform all Its obligations hereunder. Should it he asserted in any notice given to the leases under the provisions of this paragraph tat 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 wed f insaall diesel ascertainment that such failure exists and lessee has then been afforded a reasonable time to prevent cancellation by complying with largurg its obligations as to which lessee has been judicially determined to be in default. If this lease is cancelled for any cause, it *ball nevertheless remain force and effect as to (1) sufficient acreage around each well as to which there are operations to constitute a drilling or maximum allowable unit sunder ,pi,cable governmental regulations, (but in no event less than forty acres), such acreage to be designated by lessee as nearly as practicable in the form of square centered at the well or us such shape as then existing spacing rules require; and (2) any part of said land included in a pooled unit on which .ere ire 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 chanted primarily With any mortgages, taxes or other liens, or interest andaother surge tedaid the ribut lesser rbe agrees that tbluse anditoadedthe ght at any time to pay or reduce same for lessor, either before or after maturity, 4 rn the nounts so paid from royalties or other payments payable or which may become payable to lessor and/or assigns under this lease. Lessee is hereby gt ght to acquire for its own benefit deeds, leases, or assignments covering an interest or claim in said land which lessee or any other party contend, ,s out• andtng and not covered hereby and even though such outstanding interest or claim be invalid or adverse to lessor. U 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 specif ed or of∎ r'r no interest therein, then the royalties. and other moneys accruing from any part as to which this tease coven less than such fall interest i!'.x'.: het uu only to the proportion which the fusterest therein, if any, covered by this lease, bean to the whole and undivided fee simple estate therein All toy s'.ry iterest covered by this lease (whether or not owned by lessor) shell be paid out of the royalty herein provided. This lease shall be binding upon rich pans iho executes it without regard to whether it is executed by ill those named herein as lessor. 11. If, while this lease is in force. at or after the expiration of the primary term hereof, it is not b(e�ing continued in force by reason of the shut-in tell provisions ds ermined to be invalid)ora(2) is any other eause,gwhoperations he miles o said dissimilar,s(except financial)isbeyondrthedreasonableacont:olwofrtlessen he primary term hereof shall be extended until the first annlvenary date hereof occurring ninety (98) or more days following the removal of such delay- ag cause, and this lease may be extended thereafter by operations as if such delay had not occurred. I3. Within thirty (301 days prior to the expiration of the primary term of this lease, or if operations are being conducted on raid 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 dt'. hole culling from such operations, lessee may extend the primary term of this lease 55 to All or any part of acreage then covered hereby. for an additional fist. 5) sears beyond the initial primary term, by written notification of action taken and by making payment to lessor or to lessor's successor in Interest as re- cocci hs 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 isr ,ins amendatory instrument in the sum of 4.._. for each net acre as to which the lease is to extended, It tilt option rrrcr'ed ha lessee, the lease ss extended will thereafter he treated as if the original primary term had been five (51 years longer. 11. 1 118 ,,,,, ,i,,,,103, (:0„,, ,...., , A..f J , / ,....„:„,..,�µ t^- l , ,ff _ i .. l.`i WITNESS WHEREOF, this instrument Si esecyted ,� e dt* t*Low--+[ tf ( t i i d S (���� Jf j E i ) ,$ vT ''>,-�Cy' ':1� /r 1'U�.LJl .r� 'wwtF i _...._-_..._.___.... .F.AL• A%iGR• SSA t nviev I aGri HUs. IE. Starnes ''>'e IsEAL: t f ,./tYa:3 -r.;... SE A t. ;... ,.J .y An Starnes �� e' i / w+J JOI T S... NG='E„`PHAMOWFLEDGaENT ��— — STATE OF `a r'j COUNTY OF qtr I hereby certify. that on this day, before me, a this' authorised in the state and county aforesaid to take acknowledgment'. personally appeared --filigi E. Starnes and ._— Judy__ nn Starnes _ __ :o me known to be the :Annul described in and who executed the foregoing instrument and r be elf.—- tie wtkdged before me that,being Informed of the contents of the:ame,--- be Y Voluntarily signed and delivered the worm sod !� (rein meatloaed. i.i P: x d MT t s i /" day of !hare_Ft . , A.D.io C.? ._ Giu�en under a MT �,�, (Atilt Seal) ' it a:f EXP .S.Srpfafnba 15'2007' c�S, / t /J ,f!,?J,'?; BmdadlMaiscrsf P(ttle tsideatsa• .,,) �,,Ll.^Y•a..^.',. <-4., �YtM l (Title of Official) /TIr� t3. C.- b� 9- /' -6 7 Ler county, . F1pr,1- Ny commission expire* ... .........�.^ in and tot �..,....._ .__....-_ W__ WITNESS ACYNOWLEDGMIhNI' (MISSISSIPPI-ALABAMA-FLORIDA) STATE OF . __ --°- COUNTY OF .. ......._._ .__.. I, a ._.in and for the aforesaid jurisdiction, hereby certify that ._ a ■vbscribing wirneax to the foregoing instrument, known to me, appeared before me on this day, and being sworn, stated that th e,anta¢rttl. having been informal of the contents thereof.voluntarily executed and delivered the same in hi, pretence, end in the presence of the other saltness a Srs unmet',his the day the• a sane,•tea hLte date: aee. attested the same to the presence of the graotor(e),and of the ath.e witoese. and that tuch other {Subscribing Witness) of _ .. -20 ..,.._._._. Given wade: my /sand and Official wal, thin day o ._'�—'". t Affix Seal) -""....�� (Title of Official) in and for .County, —._-....— _.__._.._... V. :ommwion denim ._. 112 1 1 B Caracara Prairie Preserve Habitat Management Plan—Appendix 17.. Cattle Lease Agreement EA SE AC RUM LSI MIS 1 rA5.1„ AiiiREFNEENT ottertal into tt3v at' S.„1i.4 , ZOO httiw ten HI CU E STAFtNit$, tvkow4 addreas ts 37 5 ..;.,i-etitalzot Fio:3itfe;;fd, Fr Mr tkirtak 1 P10.1*. herratiatkr teleree.i to 3.4 1.1;;SSEL" and COIL 1.1ER COUNTY.a pot Eat t'al 4,1the State A.11144* 01311r g Addrti$ “. POI t-..mt Tatutattni Trati, N4tpkta fla4itto .34 t tierrotalki et rental to Az "LVSSOk' WCINFSSE 44.1131ad*rem,and ottaef towittaktraliati ete parte, aKaa-a:AA f‘,11,:,,K5' AR riCi 4.1/441,4i,fst.PIEWPM, SSi,ik ttefetta leaa4% to r t art3 LIFE befekt,- test %,0111 1.1SNOR Lc er itintigro ‘%%attt- scv,, urea of properly iSeic.ribe4 rl I'Vhf.o A h>cii Aitt4tizti httro,s Aroi oriljs:3 pan iii thM..14'41,t hccmfl IIcd he Ptoittno', nvJ tti the totAiry oi I.olliet tnif the state nt rt,tattt ft cc putpott,,,r,;,111 It frtlitng rho, LLASE mr NI IA14i fi attoettairti nom nitw 1 lore' in ordet 1m iLtlnte mnn t tie it the Oeriited lie,33' mce-m.r to 1,44ttortpleal,Otte goata,polictrc,wad cbart.ttaea of tIc con.4,-,tmet,4t eirkitteattatten OrtimAilet iOntiiitatne 01464, al titrieridttiL LESSOR'S' orpte-t.vstatttt te 4. kcal L vItit ',101)0*-441;41,vA.I FCSIT,irt aatttir,g, 1 ii ettera to recaartro,oti Pot I ESSOR 1 F't.SF AGREFAITNT 2. Tent tlE t4Atit: LSSFF,0%tall time tool 11014 the Dcrm itd Pietinuti roof A in of 111M4 scii ..ottnitintori$ttn liait LESSOR extetties LESSEI:t-%granted ittercitots,tataAt&d L LSS1. nm no( dreauta cii arr..cry fIn LettrA it tSii.Icon,ii ittiit. ocic ft tmmv fL Ao.10,10.Vit4 tcrili A opt cmci cicicim,01%4,1 yht amid etw,tipt ci to the' rental Aniourit, Fro,W4ril NO•tsfi.., b 41*,,mg 4.111.-.111 rcinulc et L ESL! internntin lv do is to tfte 1 t.SSOR con kas than ifomim ,$0i Nc mot to.Pie etptroon if tse ta4 rk++,cncimmm- d ES Mitt reserark she ngIei%0 data I SSU, mm ift,r1;,of tiny rciliestAt tont 5mmI tititte tnt,eirtn.lite wv,tit pttniernent AL'the notice in mini tifleen31,kpi,tators if ciii. LiRcimi States Offt. .,Peps-tried mm ce-ttrted Malt,Postage t`,t4tatal Ate!IL P. 1 ff11-hcimcbmi 0.P.V114"13 as diVIV$mimi past 1,3 rent 1St the Fkirrisco Premix.c the iwn if Ltirtellunitired and Si xi)eig,St r),Ittir,and No CcraL I11f 8.00 mimir Said Ar111•4141 INV.1 ih4 4.1 imi m 1 mm 101upolt Ito mm tom 44y I, cmi mM dim e which iii iii ii tAtctlita...1 k,1,10 I I 5Sf 1k FS.CFF cm I tIc hi restititwiLite ty the nett tit adifttiintl feitt as provided to at mR flU I S oldimmi Leaie 41 the raved USSLE ekeis In minim ilmfni 1..4,ive, for ART1(LE the rest mint forth an ART 3',hall lie rarri'AWal Inguhi method outlined m AR R IL 4 1-1•1‘411R'nets eit In'.right Li, ruae thas Lcinisc inch tem 14'111..;;,Ut cam,mmc, hi cirmuci LES"iLL. with thaly I day, wittier,caber to th.,' tii3ttteK,t cmnc loth to -434T14.1 I 11 of ittti t 4 iw cffNti%c mepoem p cimmimnimciml ni the mmcc E4 4■41 ettica1 depanittni 4,t the rt%ted State,l',at ke4,%aered CL-11 led Matt,I ctnifemic Pniptint TIO4 mi Fkmaa at.I a-7ra Pelt ti Sc ea oil r III F tium to renew Pm IVAAC,ALI fc.,S in AR I CII 7,111v mot nm I,uh n AKIRA E I chub Inc,rictc.cd for cA,h cliA,JiAkt ern •I yews tootze,at tern tta povetit(tom the;wet tout cm*,0.4r 11.,K.tideit Mal tC,L14 i lEet EtNEEK1141,412_,`441/IC4 LESSEE, 41,11.1 pm-mm 411 mimi.41.. -..;i4A14-41 with the mc ciccimnicimnici ri tho i.)014144:d 11ELM,5,t,s And Arly trt.,1 cii iii It k megis if arciftitHc 1 1 3 l ' s OventAftiKeiniss, elior tut 4104flis OA,k,t444.0Ser,4tfer4(44414,141klibefit,Of teeprOverlikerf%10 the Oefitit4ed P4e10 444s,I USSII- m provide.VI ESSOR propintais oat Ong fo altetalions, timpeootonerito,shangto ste astimotto to the (kern toed Pierottet t a n I R S waken titenlying ris wetting the nativist old*Otte vt the tivattrti alieration.improvement change.or add loco along with the contereptaled sinning anti tanneistionitme isti oust) proyeo.LESSOR,t/11$designee will then Moe sixty(60,slats within*cinch to affirm e dam% in*tiling:sant redsissi fair 41144$V1., irtipro+cfnerm,.. Auras.ons or additions. LESSOR shall rv.4 untrasollab4) withhold its hinsent Lu riNuirett ott itrt,hrtn,rittle atteritt,Ati, imprOn,tinernA„.eluotwAts or AtidICEMS prOle144,d o SS1 9 1 after toots 00)slat is titers kaa baVti oo roes ntlid horn LESSOR of ill Or"SOCk, %Aid peç* I t 0,01,,Ott/ wen silfriCe Offtft t Ii I 'SEE- LESSEE chwertion%Aod tiVeCA conntation atilt any inaufarmazies.,typist/work,creottet,s 0111,1111,. u*. tinprovernent,Sddl Or raterraierrt niervy authorized modifientions,htlittioni or inaction smogs to the Demised Premises<to obserse and hi:amply with ell then and future appilleatik taus,ordinances raks, rag-ulaitorts, And requirements of the United States of Amer .State of Flozida.Cooney of Collier,arid any 3M all govern:tonal agencies. All alterations, stopossigratento and Alebtiony to the Ourritsof Premises 1.16411 ee otme, when made or installerd, be leented t ltaiehed 1i the totelntld and to Itriree lasouse propetty of I ESSE* Nor to the krestasaticin of this telfir sny removal term thereof, or wain thirty ttill days thereafter, if. LLSSOR rect . LESSEE shall promptly ramose the additions. improotenrantas alterations, fixtures and installatkors gressrh were placed m,on,or upon the Derniseti Pm-mist:a by LESSEE.Artd repair oo damage roceastoned to the Demised Pre miles b stab lemoval;anti in dtaaetil thereof,I ENSOR.triV:, Complete said ffITCIN 2A,and repairs at I ESSEIt's expense. ESS1E eusintemis and overt not to Ave. ,%Vs,upy, salter re porre4 urn/ Derro4e4 Prervor.4-4 or ;ply 44ft theitent to he ooed, on htrzopest fie any parthinic esintrato to lass to the flies or rettiliVieett If ally pathlis ATAI hot tt:■,, T 1(1.1i 7 Sedans 1..t perttind Preentities I ESSe 44„its stuit.arithored agents.rerri,entaffiN,es anal tortotooi-W,aba I mae the itshl to entet Into Anti upon the thin hog Eternises it it eat theriessf at stio ismo within/1 mines to the LESSEE,for the riatt0a0 ul e catta inn);the Altri*anti making repairs, trioporing or coring a&Etna of nuisance,of pros 44I maintenance ere co thereta,anal(et the purputel v trapteetten for hortpliarke tooth the peon i 0. 14 of 11.:1 I cave Agreement If LESSOR should need to utilize the property for any length of unr.for ant polaris-,the LESSOR shalt ads oe the LESSEE Ur it$insenetrio try mai rtoftet ART1C1 F It A.tit:omm.u.infil bkilda4 I fAthlh,,,tmettothlt alat att,tata'a mot to ro.ziKe.irie.I Cele Or br 44f bat the whole ter eritt part of the Itemised insoistoco,or or perrit any other parsons to ov„ispo came without the r nen sinker-it id I VSSIOR Arty rush assiignment or ostikaning, even with the estrosteit of LESSOR, shall ina Teliel,e 1 t'SSI.1 from liability lot Fayment of rent Or other mnria haticen pros idol rr from he obligation to keep and be boned lts the tonna. efitrok Mono and soots-tams of this LeAsit The adopintke of rent born any itii percion shalt not he sitteorud in be a uatvar of any of the piers'Itiona 0E016 Least or to be a consent to lie assignment Of Om Lease 44 subletting of me Ohm tool Ph:mites Att IKE!: lettkolfttf* LESSEE. in ertessAtration of lee Dolton. (S10 DO), the receipt and sulkier:co whieh is hereby acknowledged.shall trisionnify,defend and IiOtJ I-Armless LESSOR,as autflus and empLoyees from and against Atlt. awl all liability i stout-re, or otherwise t.ttamaget.eliunih arøt. dernandl.1ud,aceLa,Ono', ittleteld and tkPcnvill Oflolading, brat ma Iunited to,atataracya' felt And dishasonoris both at tria ter.i appakie Itinrl r414414, ifirekdiv 0 e4.1frool,,, than in .iltion to, or death sh any prr4441 14 ;34:10o10 0 damage to ptorierb oe411:41414 nut 44e*ova) leielef to f.r,I he.I oi the Dentoted Mehl tte 1,4 It)Aria 04 Ettaaei aahaEata/aat tUalv.ot Wa sorrilitton coined +,4140 than dry I.ESSOR,cii tiT poaees .114S14«on C.,.'111r46;flntS rb. or ion behalf of t ESSFE in or about the botterwd Preoutes,IC)any soesihrun or the Elm toot Inert ken date lit of idintitigic from any tkfault by I ESSEE or 'he performance of LES'SII h onligatteeso under this Lease,or ito set, orthooion no IsevligtThat of ELSSht, or ill agrtts, cvnEtscc", crriployccr., VabitIWILT, ln,,enaeea or or.'flee', III 4,:tiv. ,u 6.tor or pittecteding r.horriught against LESSOR to tinti Of arty ark no nu,ra,thetrof 1)SSt I, yttl$11 pay 3,I Alltirno,r,"too, hoptitges and liazientet 1V-14.111411A the IV Runt Atha Mall Mott.i.ok it piss-sating ti II'OA* &11,41 no eN.est .t I t SSEF'S eoposse, hit sourgel teroitrialtls whislinotiet in LE sst 11 4 1 1 B Thc LESSOR shall net be liable for any injury or damage to person or proper),;aloud by the elements or by miter Isamun.in the Remised Premises,or from the street or sub-surface,or from any otter place,or for any alterfcren:c caused by operations by er (w a governmental authority in vonoruc tion of Arty public te quasi-public works the LESSOR shall rust be for any damages to or hiss of, includirra IOS due ha perry 'heft, property,occurring ori the Demised Premises or Any part thereof,and the LESSEE agrees to hoist the LESSOR harmless from any Claims fur tfarnasca.escept where such damage or injury is the result of the grnsa negligence or willfL1 misconduct of the LESSOR or ti entpkiyees. ARTICLE 10 Insurance LESSEE shall presulc and maintain a farm liability policy Which shall he appresed b the County Risk Aiartagement Department,for not less then en amount of One Million Rollins and No.'100 Cols ($1.00,(t00 00)throustiaut the term er any renewals thereof 10 Chic As/nemesis In aditItion, 1 provide and mainta,n Worker's Compensation Insurance covering all mph:secs meeting Statutory 1,runs ,s cempliance with the applicatste state and federal laws. The coverage shall inelude Employees Liability with 3 minimum limit of One Hundred 1 houuand Dollars and tine I PO Cents t S1)0,000((0)each arectet IL Such insurance policyttea)shall list Collier County as an additional insured thateon, Es ideace of so.th insurance shall be provded LO the Collier County Risk Management Depaatment, 3301 rest I amunni Administration Building, Naples, Florida, 341E2, for eppnsval prior in the commencement ol this Lease AgreemeM:and shall include a provision requiring ten (10)days pia: written notice to Collier County cci County Risk 1'utenagernent Department in the event of euneellatksn or changett in policy(lest ceseruge,I FSSOR teserves the right to reasonably amend the insurance repi-cments hc istrance f notice in vv?eurqs to LEssj.r, whereupon receipt of such notice LESSEE shall have tinny 1301 days II ohn.h tO obtam such additional trsuintive Attila E 11 Maintenance LESSEE,,at its sole east and CNprItte,shall erect, lent already existing,and maintain A fence acceptable to LESSOR aruitisi that area of the Demised Prernises which shall contain any 011GC 'TN.%fencing it crucial in retaining cattle and presenting cattle frstrn ressiningolTof the Darnisad?remises. LESSEE. shult, et its sole coal 4,14.1 espcnse. heep the Demised Premises clean at all times If said Demised Premises are no kept ctuari in the optram of LESSOR, If Ss;EE'S manager synl Ee so ads iscd ii writing. If tory:salve action is not taken within twenty(20)ths.1,4,:,1 lhc receipt cit such uoi,cc, LESSOR cause the sane to be cleaned and corrected 11114 LESSEE,shall anautnc and pay all necassar) alarming eats and such costs shall constItuta additional rant whies shall he paid by LESSEE within ten il(1)days of receipt cit Written notice of costs incurred by l.r,ssolt The LLSSI-L, at h tutu cntt,5.'1411 repair all damage to the Demised Preen isci O.WSCCI by I,CSSEE. as employees,agents.independent etirmactors,guests, nets,licensees,and'tattoos the LESSEE,at its sok cost,shall ttlt1LANC(torn On`Darn iscd VA:mese:3,n accmdanve with all 31151u:elle mks, laws and regulations, all solid.Iszoid,semisolid,and gaseous trash and waste and refute of any i‘iture.- whatsoever which might accumulate and arise from the operation of the LESSEES business Such trash,waist and refuse shall he stored ii chased zontainers approved by the LESS(141. AKER,I h,12.DirfastAiri.LE5SEE Eat ROC of LESSEE to lt.1111-4 ft>7 thirty 130)days with any material plevisien or cescnant thts14.114 .h411 cnnittinc a default.LESSOR may,at its option,terrnmate this Lease after thirty(.101 days written notice to mssif, unless the default he cured within the not;:c period(or such adddional time as is reasonably required to correct such default) Ilossavv, bc cocerretce ef any of the follossing esonts shall eninsutute ci default by LESsEv, end this Lease fray lu tihmt,diairly terminated by LESSOR, Altandonmen1 of Demised Premises or d in-orittnuation of LESSEE'S operation it>) Ealailithat ion of LESSEE cii an agent of LESSEE of any repent required to be finnishesi to LESSOR pursuant to the terrtg or&is I ease. (c) Filing 011lisoiscncte,remanization,plan or arrangement or bankruptey, (di Adiudieat ion as bankrupt (e) bilking n,ia general assignmon fin the benefit Of 1:rvait,o5, (fi It LESSEE suffers this Lease its be taken under any writ of cuteUtion, 1 1 5 1 1 B any<A tias lri tal defaults eit this AK I It 11,;r1sSIth.,ti*Mosso to any otter rights anJ tamistitm it may hass shalt ruse th murtcsilate reght to A-surer and estross al persons arat property front the rit-1ntt4IJ Prtaratc*, St4th PrCiXtly matt her astraossiti and shed at a;MINK klrell0L354' Cr ‘twoa,civ at the t.t4 wad fat ths wintaint of 1 I S11tt,WI%Otani Pen at a a0,11tt w itacql 14/441 rt-rtttt WIIta4444 Nag assents'muly S tstspass,et isstng liahtv for My," Iath oi 444€414V IVAN I44 Wt.444010C1 thettb:v ”tt Mt:550k way itt ts otiit warrunsts ht tt reisittp1 by I ISM.l' 34 rsirty(10 4„tivr,tril:rvr ii 11!It'll it f1repi stfAtent Iht 4,10941"ty 044 tepachstd introrw it this LFSSiL,apt poi Asso%int toms thirty A^))M ti 1.ESSEt pursuant us:he Florists Mstehrestes Litt Law. It 1 1-,ssLL!aril ro pay an terttaa amuse se Ali)wititiOnai Cturgel%sites this 10 1,I SSOR,att,t,prktrtrvi Ii dais Lome,and it rani amounts tempts unpaid fee mots than ten 1 days past ths duo 444r,ihr I t SAFE shall 1,5,54/14. IM:t j7aY1110111ChUge M44110 th g.,5 i perstou of an pas mem TPA;Iasi pn'i' ptiy WIWI J1.1* via rtocittras Pot fatal tritn8p11) Sztr;due tht;)Ake;itr,4 caw rompoirmisal tastatesi of too)17';pchtr111 ra IT"41111 highest,tatittSt tale then itIIoinJ b I La Ida lap.Nalsistwsta is 13%),0-,o.hi‘h ,tait he paisr roa I I Sstit to LESSOR AKIRA 1 1k1 I) 4...5SOR II 5541R shall In no.cs tvr.atiatged Auk default Ps thr perfstmaises.3f A141)134 Pt LaMigatisms Perms...1st lit IC**tax/Willi I ti'SSOlt khalt haws fatted tin rk.rfoitt warts obligors us*Natal Intfly I 14/d(IY%(Ca itt I I S.151* s sale Mulct ion,wilt wittitswal mats as is ittasestably mew sal tit saels Jp haul!)Arlo noires It+1,1,A54 hs ESSEE mope/11, ipselyong scItatin liSNA has(ruled to petletrn any isteh obtgatuttsts AR 11111 NetalCn Any malts%shish LESSOR or LESSEE may he requircti to mar to the other patty shall hs n Amiss;to the oriel paws pi Ms 1InI g within/Ater LESSOR Hour',of CoAntY -mu sworittrs Sir Hugh F.Slams's. Rost;Poi...sty Alvan fh.-pr htcratsgsit Orp'als‘tott 1101 Itmitartn 1 tatl Mast ort Sits,Floods 134101 Stirstmoration r*Isill .1*4. Offies niJ the tpunry Arens".330i rantwni Trail Vasa;Naples. Adirinsatralma honklIrig,lsagiss.Elsepla ;PI 1:1 t*nytI*IIIS*V1 C*,tatf< ..tatilltAlka, I I Ian Ann ialal I MIL '*P-444 I niutc,I 4,,'tor* g rriAtrit flps4.Naples,clot ida 341 1. AR I Nat TV,,kr ot rriMira LESSEE, tsail rerntiAs any improsemssts completed by I I INSEE prio to the sacaration ATM;I essmr and snail &tsar up owl ii'*t'ta4r Its I 1.5SOR pospesstrin t 11W tatrolasal Vismosies and trtly&IVr;1414A POI tourAtist;won VArnr:nion tit that Lame,es its touts itaralnIIM 11 6tr4,111 Ita*Idatt at 4*it*aal 6n*itia5*It Val repair as the stuns shall las at the sernmstiteement et the tarot 41(614 I,4:11144:."4 ta lane kern pat hy LIS54.1-14 or I EssF,r 4ionn the ordinary wow and tsar awl&macs IA firs tw nhe ciersints hesosal Is'1P.S amistil masstitot AR I iCLE tn 1.,;misstal Pres tnissn I SS Ft apses ti sttn4141*441/4:v411110;;;the thltiartaisi thernaws aiNil gravers earth Wish heath tit g 141 Pt ow [Wrist-se-4 Prerrusts SSEL Nnall be ainmsstl ci hairitom no onus than our hatrunssl I'<PA head of earls at 11to PrInttoti 'ten mCI I i.**;SFE that!Thaw ttw tight to musts ow-sight ow tine 17pArta.3cti Pfrtnness.at I ISLE 5 msti rink Pod Arm tat rags lint to II 1.4111 4114 fle-r.(1,,,,Irt IVO 11111,If tomormi,for ass sots I ESSI:ti lc,Mors that hr is beams:11 tin tipstuts it:7 oaths,:rttle attd I FS1/444 nov,Itvtgrt;use<'I Mot nnflr t wry stInt ttestrissi timpospos as sr tiepins, AA itUIt 5 aka0V4Isslites Anal stets shall he no game bunting .in any et 1,4711*/14,*44 Iattani by I 15511 or hit ;A,,Ittvt,;,vivvv,the Ottrseti Premises 1 1 6 118 1..1.S.SEL tanderstakris Oki the p011ev Awl taw orrorretverd s4.q.mit) protechkri pask tried Ids less ertforeeratrit torn ers for the atrose-reitterseed Moused l'remises is Henkel.] to that park Wed us rats other botekrtres oe whey rt haver/ as Collier('ounty, arat re,:kmawletiges that art spozral secant) trwOurek dc-rt,r44 becressery rsyr atishlthretri portechorr or the.Derrtidol INT1116103 Shall he th Pak 11:33X313kbil a) And Cr1 11•"Li °SSE t smA 0.41) kc rss oead cApertse u U SSA)14_ LESSI,f eitorvesk egfieVt &Wit It A4XCC554.1f rord kisttors, i, ref-fair, (tor .r,f1) 0.,,e of avc Dr-rn,m4 uhar.rt vox,.141 rttierfm wall or adversely Affoet the op,eratinn u tlail441114MC[11 1 1,-.S.Sti4t'S staredird orerstarrls where other orserzions share rnfl fa,; ' Krg,hts ^I worth-Ilk grar tea the by rho;lc are herehs resertorsr to the I'I'Slscirt Jo ASS!'I alksts to 41t. ImAi lf1030.1 00 the ten the Eltrn,,eit hcmowi Nem ireri `.41%.4 111 1C I *8C1 Itg,tVrt to rkt, t`hltitttliti iarlittry take.r that 11141). urrpoved J314 1.,/11w Cfreii31 13* ,tP3 I!33r, 4 4 temebsolti retytest n th DCAtItseti PrtitlISCA LI'Sql.''S p0AAttotIoll :CAA.ChiAi wittIA,41 ft the 1)e1ra tied PfcitttUt ',41) I t,N4,1A, hi Vtaufflt any corrrookurrital properly roarbipment iskarrk. t.:40:11 N.trNitir,Cl rernerrat or segetaboo,tratless VrIelrAppttlAni Is married by I ESSrrit let Si eiArrekrbedrers that t'S:St1K alio otiose Itelite,1 reasroral ba' rr th kipers kroas rise Wrbih(e Attki Catvalttv 411,11 Contra 1,1A041 ih Pc111 itCd Is 1) I tS.:SOft fttA)vapor t itatttor 'imsets4iiI11.41 10 kle4C1(13 a tory,moo.otarkes-rtettl Otto I oi the Derek:4rd Prearthca tESSEL wkaskstedttel that Ire ss',11,..noperAte svalir I ESNOtt And ail!, inapt 01.4.1 tor rhe Ottirtkarsi Pheorrark at A 111114/1.Of inhere planning I I SI'I Ikti, ik.w.ltvrt th.44 1,1 SS014 eng% CP:0 to ItVogiC*K.V.4141,414'4 140.00 for otaiphori parrowes Aft;Ii t I I 1:441,mAttestilJ,:qtr.,crLi 1E8,41 fvfougift,, w errata% rad moves to ridere1itt6, reonbtirse, defend 314fl hold harmless i,IsSOK, Ir1 ittid Wortint 4=1 4.,&441 (1.v.h■d1 iti attontyl kin) aiwnol .qtAnts„% uniNnw'd 1114.'131rd ts 1 I rifaft4401 to Or la '41Am-sr:4iIrin with the 4/111kialeal $11"31ty (0,1CI,11, owomeet Loa* gt rit., 6041 I iIc CON inintilew Alt 1 KI,L L$91 Aii tvtusItt, thelt. itrtirfiR miry eilttle alt ;Kit WW1 rattier 1,1 rut thAt 4k 041crett Ow tSSOrt tr. the Iderhaserd Prvrrsea shdli aot b bfeet u Itecid (or irtlaysere,eros esa.de I 1 FcsAl" LSLI aru piIic1il prohltpord [tom Ati.s,,I,Ottg bt33-trilti 3 Intl Vtt, 113C 1133.PC,3 A 333 tFettkred lirvanisak ot part or either POI ocar‘e leisers post-kar to i Artti 4ri a,.4-4Tipz4twc, ti.c.,;tiott 71).;13, I kit hid Shooks IhdOltr tointr 01 b.SSedit ehroeve arof terms or coluttoris brut hII h teents.lio ht-A n=t4ii.cr AR Ilk 1 r trbestl,1 ,Imte fl I C313 3N$11 l3tLOISISItft.031V3 3pon estriron by both I 0',iSOlt and I ES`SI,I, ARIn 1 2:: cravd.„,,nstelipA.. I I cito,IttiAttve ttipvcfnle-ti mut whilived nt ICt1IlI4LIh t IIIi IlIc rhe%rode r Ii 117 118 I W 11,,LSS 0.I it ti,t i),., lf 1,1113',4...mitt ILA,:hLr,x-..,.h'-:,,,tr C1111614 3tisi fit gl, A''.■ in lW:1,2-,S4)14 0,4 1 i ij_2/.0'44 o I. \ t1 • 1,1 i'lit 0,IV<1;•01,,IINV \I its 1,M K.3....C ,...,„) col 1 A R,:,,0 741400, k fl211),,, ./.°#/' ,. 7"sli-soe- r AtteSiks,411.to9 t141:1"114111 I ,k*, ,..1)I f Sti,it, i *0-0-,..,t.,4,,,,,V1.,•- ..7.17.11„,,, ..t j,,.1 —,),....)/ , 11,1 • C; h. ' — 111 oil f j 11. W<I ''Ue. ".• ."- '0, giVi I It,r I Matz:1 P.. it9/12/..4-4/44..3 ■A€ i'.1,,,a•0,,,e11$.1up.. --f' . s '*eint.15 .1_11,1'64-144,-) rrmt tf iffr.I .,,pr,,,,i Ii.itl r0.II{.■.1....t 4.1.px.”....11400,0 ji:O1);:r 'I Ph`7,:it I ","'",t4.tif Cetifirf Ant,r(,!. PROPERTY TAX IDENTIFICATION NUMBER 00053080806 LEGAL DESCRIPTION WEST HALF (W112) OF SECTION 3o, TOWNSHIP 46 SOUTH, RANGE 28 EAST,OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 60053080200 LEGAL DESCRIPTION NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER •INE114', OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST,OF COLLIER COUNTY, FLORIDA. EXCEPT SELLERS RESERVE ANY OIL. GAS AND MINERAL, RIGHTS OWNED BY THEM AS SET FORTH IN ANY PREVIOUSLY RECORDED DEED 1 1 8 FIRST Amtraltvremr ro LEnsc AGREEMENT 1 14- l'EllS FIRST AMENDMENT TO LEASE ,I,C;REF.Aitr.hT catered mile thin _ ---- day of IVO Vtiaikelif , 2010 a Naples, Collier Causty, bonds by and botsiovn IIV011 E. STARW-.5, whose m*ilieks sachfiels i$ 171i MaCregar Osnialevrud, Curt Ntytri, l'tcrICa 33941, Perrino:ter referred to as "LES,if,E." 414 COLLIER COUNTY, a potties/ 3461141SiD11 01 the Slats of FlOcd11,. eeho s: mailing ail is 3,i0 I East lanaiomi'Trail.Napleo,Florida 34112, hatirtnter refarcol to as"1 ESSOR " WITNESS ETU WIIERi2.A.S. Huth E Sur-nes and Collicr Comity, have previously mitred into a t sate Aretrrere dated July 24,21/07.azd WHEREAS,the IFSSOR AM LESSEE arc desirous of sunossiirg the Lease AgreCt:leal.nr4 WI IEREr1S.If SS term extensions prolided by the L.case Agreement ore utilized, he term of the tease Agitement will tentriatet:11.July 21,2012,sod WHEREAS, thigh P. Stamen and Collier County desire to co.ka .1 :hc tam of Etc LAIN (0 Dervrnher 11,2014 with possible extentiosts io lac netrAisted,n the taunt. NOW ltit,REfORE, .n eoroidustion of the covenant, and mamma% provided *Alban ;ail Lease Avec tient datei MY 4.2D07.and Tea Dolsrs(SI e(K11 and rtrher valuable loissideination, c).k1 Leate Agreement ii hereby urreediest 34 l'ollowr Words ittaglaisil arc.s.ttled With ireehli-sesesegl ale tieleled. I Article 2 or the Ltrisc Agreement ii amenried as follows! LEisrF Hiatt have and told the Derstixd Premises wail Dectinthst 11.24,1i, le*-tritinini-l1iel1 of-this--146,81-41)--eeteow-odino*-44,-; : . , . , ': .1 ,. . - .;• . , '. :. ' *, ' :on 4iw4e-iabtertie•-‘644€44-riet how-than 414Fty-4441+41. -oye-poio.o-44.4.164amping441,0-+Filts-itoroo+,014otatoff.hor.ebr emposeck--6,1i.88014-moseropo tiob,eigia-4.--tiorf-41,68Caarag-v.ritingrva4- h4oaHlookatt+fitiresa4 2 Artirte 31.11the 1,eace Aims-stem is ars esdad 113 follow,: 1,E.SSEC hcriidny oanti silo agates to pay as rent to the ilimised Pt1.411tSt3 he sum cf three liunensl aka !ixty-elihi betas aid No C1113($36COI Del y`Zzu Said annual rent shall ho paid in full *p°8 the thlt?'()al en)s Pon:hc 1,:ant in which thi I rise n execuoi ty LESS()R. I.-ESSE( 4,1 ill obt) lx mrsonsiehlt far the ;is:stmt.* or Idditonal rent eqs13 43 provAisid rot in ARTICLE 3 ur 013 Itait.. 1 7. '' -:PI I of- • , • t w , il jusLatioaruLtsliolc Ctilt Irlit,SAZAt 4.5 Va94112:1AS I. ..0,2 CX111 a : W1 4".,2,-kits a --,..., iin lire ail . LE:StitiE %ram.rtraja the 3wei of f)n D11 iii N)Cehi, ,Q0 a 4 Alit-let)ar'llsetelae dkereerient,v$rnendetil as(iditoftos. Prier lo making any aitiii8cd,4ilialtiOn21, idlitiOtS Or iinproo•crnerth, nicliAllianiliirnotenarreslI 104,. 'a.. 4t N't,...r, !it , ' i• ago Snrricclann illthrtimm_to the tlemicod Promise*, LISSEE, will prosotIc tO LESSOR ill pri)posak owl plans fat altereeions, irnprovernsoxs, ckatigcs in aidditOnd to the(1.emisei4 Preis.,jar, fort FiC5OR'S *Ir • o npprovst„specirying in wining ztic it.tlyrt and axles of'he desired siterntinn.irnproNcliscnt..4:range, kc talCitkm, Awls with the zustemplated starting an1 cocIrIcrioo titre for rush ?rojo.t, I.E.55OR or lt3 dcsIgnee will than have Sixty i6C1) Jays within IQ ,Ippivvc 11 deny In Amin .Said regain rat diattgcs. Impri)vanentt illersSir.ht ,w. additioria, 119 1 1 B IOU LESSOR Waft not unreasonably with/told its amount to rewired or appropriate alarnstions. improvetneets, changes or additions proposed by LESSEE. If Act sixty (601 days there has been no response from LESSOIR or its designs*to said proposals or plots,then such silence shall be deemed as a denial to surd avast to LESSEE LESSEE covenants sad erect in comwetinn with anY rittnnierthoce, repair wort TreCiiOn, eAnstruction improvement. addition or lactation of any authorirol nnodirtottiona additions or improvements to the Demised Premises.to observe and(amply with all then and future spplicable laws, ordinan(es, rules, regulation and restairements of the United Stales of Arnscca, State of Florida County 4r-other,and any and ad govensnitinal agent ics. All afternoon improvements and additions to and Demised Prost mei shall at linCe,when made or metaled. be deemoi ma attached to the f'reetiold and to have home proper of t ESSOR Prior to the terminator'of this Lease or may renewal term thereof,or within chary 110)days thereafter.if LESSOR so sects. LESSEE shalt prompify remove the additions, unprovements, Aittniti-OnS, 111tVMS Ind 4noal1ationi which were placed in. on, or upon the Demised Premises by LESSEE, and cerAit any damage occasioned to the Vernocil Ihrwses by such remo , 11/14 In Jefault thereof, LESSOR may complete laid removals and repairs at LPssErs expense LESSEE covenants and agrees not to use,occupy,suffer or permit said Donned Premises or any pan thereof to be used or occupied fin any parpose contrary to law or the rues or regoistions of any public authority 6 Ankle It of th*Lease Vocas ist!n amended as follows, 1ESsFE than remove any improvements completed by LESSEE,a Log,prier to tht es pindion ot nits(cane uld shall deliver isp and iurrender to LESSOR assassins of the Demised Premises and any improvements not removed open notation of this lease,or is earlier termination as herein prov Wed, its as good cundultin and repair as tic same that be at the osnrnencorient of the tam of trite Lease or may have been pot by LESSOR or LESSEE during the continuant* thereof. ordinary wear and tem and damage by fire or the elements beyond 1 ESSEES control ficemed Eseept as espresady provided herein. the Lease Agreement heroes/1 Hogg E Starnes and Collier County, for the utilization of the Demised Premises described in said Leese Agreement dared July 24,,b7i07,renewed to ftill(brat and effect according to the terms and conditions contained theren, and said terms sad conditions are applicable hereto except sr es peaty ermined otherwise herein rN IA IT-KESS ViffEREOF, the LESSOR and LESSEE have hereto eseeurod tin" iPtil Amendment to Lease Agreement the day and year Aral above women NS to rifE LESSEE IfL011 E,ST ILNES pi , • . , WitannitS. "Fr ir .,. , ,. _ ........ i_...... .4. '4,antes iSignature ,) .7 Ct', t P2,001A. ., , „,..„.... „.„.....„_,_ ......„,_ (Print Narnel AS 10 flIE LESSOR 120 1 1 B 100 Nine' it OQ.... 41444s/414 4*(uuvrf LoMMismosuct 114 cc:I:sal, irl 0*Ito A te4 Katt a istiocr.4,44 c. i.., ''11--140- L1/4) ( . t.,, ..1 ......„ woo - . 'foist viol,,, .ii,,8:1* Issist.sst' --le 1111116111 f ,e , s I 4444syssil IN tis Cone sae trot ssarrcssfs4 tisss../ '.. ' lastwarsi s rs. Am,4;4'44-414' rtisitsi A Corot...ft Posit*hewn*regikillt Mbp ' ar . i : . do , , , 1 i ....„_,....., . cair..4 ...... .„.„. .- ,..„ 1 , ...„_..„.......... . ....,___ ... 121 1 1 B 16 E 3 t ease taCC 10 1 SECOND AlvIENMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT entered IMO Oki 2 47 day of ;ti 2012 at Napkn, Collier Counry, Florida by and between HUGH F STARNES. whose mailing address is &nests( Boulevard, Fort Myers, Florida 31901, hereinafter referred to as "LESSEE,- and COLLIER COUNTY, a political subdivision or the State of Florsda, whose mailing address is 3299 Tarniami Trail Fast, Napier*, Florida 14112, hereinafter referred to as"LESSOR" W1TNESSETH WHEREAS. Hugh E St/17101*nd Collier County,have previously tittered into a Lease Agreement dated hay 24, 2007 and a First Amendment to Lease Agreement dated November 9,2010,and WHEREAS.the LESSOR and LESSEE are desirous of:unending the tram Agreement,and WHEREAS, rf all term extensions presided by the Lease Agreement and First Amendment arc uuhred,the tam of the Lease Agreement will terminate on December 31,2014.and WHEREAS, llugh E Starnes and Collier County drum to extend the term of the Lease us December 31, 2017, with possible extensions to he negotiated in the Ilium NOW THEREFORE, m consideration of the covenaits and agreements provided within said Lea,* Ageanent dated July 14, 2007, and Ten Dollars I$10 00)and oilier salvable consideration, said Lease Agreement is hereby amended as follows Words mainlined are added Words striteli through are deleted Attack 2 of the Lease Agreement is amended as tbilows LESSEE shall have and hold the Demised Premises until December 31,2917 244i-4 122 118 16 E 3 Except as mprcady presided es the First Amendment to Lease Agreement dated November 4 ))O and harm,the I ease Arpeemeat between Hu F Starnes and C OiNtr Cowuy,for the esshistson of the()emoted Pretrutcsi cloaked tn said Least Agreement dated Fay 24, 2007, etteunts in ;All force and rifest axxording to the wrists and rondesons relearned therm and stud terms and condmions 41r.appkaNe hereto except as expressly prosided otherwise herun IN WETNESS WHEREOF, the 11-.SSOR and LESSEE hsse hereto executed this Second Amendment to Le Agreement the day and year fine above written AS TO TH E I ESSE': 1)ATEI) 7/LJL2z B y 11 ALit HUGH E. TARNES it ss I Sogrustur (4_, L. 61 //--.C• .4'7 Print Name) (* + 0,4 N Wltncs%(Sagnaturc) (Print Name) AS TO IltE LESSOR ALL21 2011 BOARD Of COIN l'Y COMMISSIONERS 123 ( ) 118 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 t,,v,y,z.yzcnbtiook,ntt or_lutp;iw vw.cduns.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: 2,41)Amine, 2.4D Amine 4.Weedar 64. y 'eednraster.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 [uic ■sultbron] 3. Arsenal [i-mazapyr] (Only I application on a specific site per year) 4. Assure 11 [quizalofop p-ethyl] 3. Banvel [dicamba] 6. Basagran [bentazon] 7. Beacon [primisultirrorr-methyl] S. Blazer.Ultra Blazer [acifluorfen] 9. Callisto [mesotrione] 10. Clarity [dicamba] 11. Classic [chlorimmon ethyl] 12. Command.Command 3M.Command 3ME [clomazone] 13. Dual.Dual SE,Dual Magnum,Dual II V:iagnum [nrctolachlor] 1-I. Escort [rnetsulfiiron-methyl] 15. Exceed [prinnsulfuron-methyl] 16. First Rate [clorausulam-methyl] 17. Frontier [dimethenamid] 18. Frontrow [cloransulam-methyl] 19. Fusilade DX,Fusilade II [fluazifop-p-butyl] 20. (-jailor'3A [triclopvr, amine salt] 21. Gallon 4 [triclopyr,butoxyethyl ester] (only on basal spray,hack-and-squirt,or cut stump applications:not cleared to use as foliage spray) SFESO 2;05'03 124 11B 22. Habitat [iutazapyr] (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 NP. Harmony Extra GT NP [thifensulfiaron-methyl] 24. Liberty [glufosinate-ammonium] (Listed as an alternative chemical to Atrazine) 25. Lightning [imazethapyr] (Listed as an alternative chemical to Atrazine) 26 Peak [prosultiuron] (Only I application on a specific site per year) 27. Plateau [unazapic, ammonium salt] 28. Feast. Poast Plus [sethoxydiut] 29. Rodeo, Pondnsaster, etc. [glyphosate] 30. Roundup, Glypro, Touchdown, etc. [glyphosate] (L.isted as an alternative chemical to Atrazine). 31. Sceptot DG [iniazaquin] 32. Select. Select 2EC [clethodint] 33, Sencor 4. Sencor DF [tuetribuzin] (Only 1 application on a specific site per year) 34. Stain 4E. Siam M4 [propanil] 35, Storm [bentazon acifluorfen] 36. Transline [clopvralid] 37. Velpar, Velpar L [hexazinone] Adjuvants: °1liese 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. Atni-Dex (surfactant - made by Helena) Gelva 2333 (sticker) 1. 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 lire ants Bti -- Dipel 10G. Dipel ES.Vectobac CU. Vectobac 1_2AS, Vectobac G. etc. 3. Tracer [spinosad] 4 Bt Corn tAs directed in the new CiMO guidance document that will be finalized in the future.) 3. Treated Lumber(Wood): Wood treated with copper chromate('arsenic (CCA) is no longer being labeled by EPA for residential uses, including decks and boardwalks. The metals leached front 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 C'CA. Creosote-treated wood also has environmental effects and like CCA, it is a cause of human health concerns. Treated wood can SEES() 2;05208 125 L. 1 1 B 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 (CA. 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 CAL 1 1 B 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: | Maximize return and preserve purchasing power as measured by a noted market index such as the Consumer Price index; and Z. 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 (tinder circumstances then prevailing) which persons of prudence, discretion and intelligence exercise in the management of their own atThirs. 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 he 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 securitys 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 he related to the performance of the portfolio. Employees 1 27 ' - ` 118 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 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-I"; 10. Tax-Exempt Obligations - Rated "AA" 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: I Be issued only by US Federal Agencies or US Federal Instrumentalities; 2. Pass the Federal Financial Investment Examination Council (FF1EC) 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. 128 118 Specifically prohibited investments include, but are not limited to: { Interest only strips ol mortgage hacked 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. 2114 TURITY AND LIQUIDITY REOUIREVENTS' 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: ) SBA ' l<ostated final maturity; 2. Certificates of Deposit - I 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 maturitx of one year: and 7. Mortgage Securities - lave an average lif of seven (7) years or less anti have an absolute final maturity of no more than Ii ftcen (15) years at zero PSA. Utilization of Mortgage Securities: 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 ƒhuds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule; and ] Mortgage securities should he used to prudently enhance the return on tite portfolio. Exception 6»r Refunding Bond Escrows - US Government Securities and Federal Agencies deposited into an escrow in connection with the rcboodiugoyx [ounty 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 p9 -' 1 1 B after the date of the purchase of the security, this policy does not force the sale of the security prior to maturity. Ifaxim11117 Investment Type N.Q1Poiljblio I • 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% 1 0. 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 hank: • 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 o 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: audited financial statements; 2. certification that no material adverse events have occurred since the issue of their most recent financial statements: 1 3 0 1 El 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 hid process can be conducted with a single dealer. 7MRD-PARTY CUSTODIAL AGREEMENTS All security transactions, including collateral for repurchase agreements, entered into by the Clerk shall be conducted on a delivery-versus-payment (Mil>) 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 1 1 B MASTER REPURCHASE AGREEMENTS I 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: Ulm,*of U'S Governmenr US Federal Agencies Hortgage 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 REOUIREMENT The Clerk shall utilize the competitive hid 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 he contacted to ask for offerings of securities that tit 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, l'or 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 1 1 the cost of safekeeping, one business day repurchase agreements less than S1/00.000, and the overnight sweep repurchase agreemen associated with the Now Account will not he hid. 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: l. transfers of all funds (purchases, sales, etc.): Z separation of functions including transaction authority from accounting and record- keeping; 3. custodial safekeeping; 4. avoidance of'delivery of bearer-fbi-rn or non-wircable securities; 5. delegation ol authority to subordinate staf 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.£D%/C4TyON 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 fur 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 he obtained if an amendment to the Investment Policy is required by Florida law. \]3 1 1 13 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 Fight Hundred and No1100 Dollars ($1,582,800.00) (the Endowment Fund Principal) that the Grantor will tender to the Trustee tbr 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. 134 118 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 live (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 he 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 l e 4. Collier County will �rovidc Trustee and Service an annua accounting of the disbursement and expenditure ol funds made in accordance with the approved management plan and budget. Other I. The Trust will be audited on an annual basis by the Trustee's external independent auditor. 2. Afl investment of the Trust's funds shall he made in accordance with the Investment Policy. 136 11B MEMORANDUM Date: November 5, 2014 To: Melissa Hennig, Senior Environmental Specialist Conservation Collier Program/Parks & Recreation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Caracara Prairie Preserve Conservation Easement granted by Collier County and Corkscrew Regional Ecosystem Watershed Land and Water Trust Incorporated (CREW) to the Florida Fish and Wildlife Conservation Commission Attached for further processing are four (4) original copies of the Conservation Easement referenced above, (Item #11B) approved by the Board of County Commissioners on Tuesday, September 9, 2014. After you have obtained the necessary signatures and upon subsequent return of original copies, please forward one of the original Conservation Easements to the Board's Minutes and Records Department so we can arrange for the required recording and the document is available for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachments (4) C a LD 11B CARACARA PRAIRIE PRESERVE CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this'7/1` day of 201',,by COLLIER COUNTY,a political subdivision of the State of Florida, (hereinaerred to as"County"), whose mailing 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 "CREW"), whose mailing address is 23998 Corkscrew Road, Estero, FL 33928, (hereinafter collectively referred to as the "Grantors" and individually as the "Grantor"),to the Florida Fish and Wildlife Conservation Commission, an agency of the State of Florida ("Grantee"), whose mailing address is 620 South Meridian Street, Tallahassee, FL 32399-1600 (collectively referred to as the "Parties"). As used herein, the term "Grantors" shall include any and all heirs,successors or assigns of the County and of CREW and all subsequent owners of the "Property"(as hereinafter defined). The term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS,the County and CREW are owners in fee simple of certain lands situated in Collier County, Florida ("Property"), as more specifically described in Exhibit "A" attached hereto and incorporated herein, with the County holding an undivided ninety-four point four (94.4%) percent interest in the Property and CREW holding an undivided five point six (5.6%) percent interest in said Property;and WHEREAS,the United States Fish and Wildlife Service("Service"), an agency of the United States Department of Interior, has jurisdiction over the conservation, protection, restoration,enhancement,and management of fish,wildlife,native plants,and habitat pursuant to various federal laws, including the Endangered Species Act, 16 U.S.C. Section 1531, et seq. ("ESA"), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, the Fish and Wildlife Act of 1956, 16 U.S.C.Section 742(f)et seq.,and other provisions of Federal law;and WHEREAS, the Service maintains that the Property possesses or is capable of possessing ecological and habitat values that benefit endangered, threatened, or other species including the federally-listed Florida Panther(Puma concolor coryi) (collectively "Conservation Values")of great importance to the people of the State of Florida and the United States;and WHEREAS, the Service issue a biological opinion letter with exhibits(the"Biological Opinion Letter"), dated r. g o the U.S. Army Corps of Engineers (the "USACOE") after formal consultation under ection 7 of the Endangered Species Act of 1973,as amended,on the USACOE's issuance of a Section 404 permit to the County for impacts to the federally-listed Florida Panther. The impacts will result from development of the Collier County Resource Recovery Park. The conditions of the Biological Opinion Letter provide,among other things,for the preservation of approximately 367.7 acres of habitat suitable for the Florida Panther and located at latitude 26°26'40.2"N, longitude 81°33'30.35" W in the County (the"Compensation Parcel" or "Property") to compensate for impacts to approximately 344.25 acres of Florida panther habitat. The conditions further provide for the placement of a conservation easement on the Compensation Parcel, and for the easement to be held by the Florida Fish and Wildlife Conservation Commission. The Biological Opinion Letter (Service Activity Code 41420-2012- 118 CPA-0176\Service Consultation Code 41420-2012-F-0324)and the associated Management Plan (the"Management Plan")are incorporated herein by reference and on file with the Service; and WHEREAS,the Conservation Values of the Property are documented in the Biological Opinion Letter and the Management Plan;and WHEREAS, the County and CREW acknowledge that one of the conditions of the Biological Opinion Letter is the recording of a Conservation Easement on the Property in accordance with Section 704.06, Florida Statutes,which Conservation Easement shall burden the Property in perpetuity for the conservation and protection of the Florida panther and its habitat in accordance with the Biological Opinion Letter and the provisions herein;and WHEREAS, CREW is not a party to the Biological Opinion Letter, but has agreed to grant this Conservation Easement as to its five point six(5.6%)percent undivided interest in the Property thereby subjecting its interest in the Property to the terms and conditions of the Biological Opinion Letter and this Conservation Easement. CREW has further agreed to transfer and assign to the County exclusive rights to all panther habitat units, created on the Property as described in the"Agreement for Sale and Purchase,"between Marilyn H.Adkins,Joan H. Bickel, Hugh E. and Judy A. Starnes, and the Grantors, effective July 5, 2007, and recorded in the Official Records of Collier County on March 4,2013,OR Book:4891 Page:2907;and WHEREAS, the Grantee is authorized to hold a conservation easement pursuant to Section 704.06,Florida Statutes NOW,THEREFORE, in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantors hereby grant, create and establish a perpetual conservation easement upon the Property for and in favor of the Grantee, which conservation easement shall run with the land and be binding upon the Grantors and remain in full force and effect forever. The scope,nature and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made part of this Conservation Easement. 2. Purpose. The purpose of this Conservation Easement is to ensure that the Property shall be protected forever and used as a conservation area,consistent with the Biological Opinion Letter. The Parties intend that this Conservation Easement shall confine the use of the Property to such uses as are consistent with the purpose of this Conservation Easement and the Biological Opinion Letter. 3. Grantee and the Service's Rights. To carry out the purpose of this Conservation Easement,the Grantors convey the following rights to Grantee and the Service: a. To enter upon the Property at any time after giving twenty-four(24) hours prior notice to the County, in order to monitor Grantors' compliance with this Conservation Easement and the Biological Opinion Letter, to monitor and survey the Property for use by the Florida panther and to otherwise enforce the terms of this Conservation Easement and the Biological Opinion Letter; 118 b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and the Biological Opinion Letter,to require restoration of such areas or features of the Property that may be damaged by any act, failure to act or any use or activity that is inconsistent with the purpose of this Conservation Easement and to preserve the Conservation Values of the Property: c. To preserve, protect and sustain the biological resources and Conservation Values of the Property;and d. To enforce the terms,provisions and restrictions of this Conservation Easement. 4. Prohibited Use. Except as otherwise provided herein, the following activities are prohibited on the Property: a. Construction, reconstruction or placement of any road, billboard or other advertising,utilities or any other building or structure on, above, or below the ground, except for maintenance roads, trails, directional/educational signage, informational kiosks, benches, picnic tables and pedestrian gates through cattle fences within the Property or as otherwise approved by the Service and the Grantee; b. Dumping or placing of soil or other substance or material as landfill, or dumping of trash,waste,biosolids or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation except as necessary for maintenance roads, trails, directional/educational signage, informational kiosks, benches, picnic tables and pedestrian gates through cattle fences within the Property or as otherwise approved by the Service and the Grantee; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; e. Mineral exploration, except to the extent authorized by the "Oil, Gas, and Mineral Lease" dated March 15, 2007 (appended to the Management Plan as Appendix D), and recorded in the Official Records of Collier County at OR Book: 4250 PG: 1445, excavation, draining or dredging; f. Surface use except for purposes that permit the land or water areas to remain in their existing natural conditions; g. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing, except installation, repair or replacement of fencing necessary for securing the Property or proper management of grazing cattle; h. Acts or uses detrimental to such aforementioned retention of land or water areas in their existing natural condition; i. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties on the Property having historical, architectural, archaeological, or cultural significance; 118 j. Alteration of the general topography of the Property or any portion thereof; k. Planting,introduction or dispersal of exotic plant or animal species; 1. Commercial or industrial uses;and m. Manipulation, impoundment or alteration of any natural watercourse, body of water or water circulation on the Property. 5. Grantors' Reserved Rights. Grantors reserve unto themselves, their successors and assigns,and all successor owners of the Property or any portion thereof: a. All rights accruing from the County and CREW's ownership interests in the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are neither expressly prohibited herein, inconsistent with the purpose of this Conservation Easement and the Biological Opinion Letter nor likely to negatively impact the Conservation Values and quality of the Property as habitat for the Florida panther; b. The right to conduct activities on the Property, including, but not limited to, maintenance and monitoring activities,as set forth in the Biological Opinion Letter; c. The right to maintain historical drainage on the Property in accordance with the Biological Opinion Letter; d. Subject to subparagraph "a" of this section, the right to hunt, fish, hike, and engage in wildlife viewing, nature photography, natural history study, plant and wildflower identification,environmental education,primitive camping,and equestrian use upon the Property in accordance with the Biological Opinion Letter and Management Plan;and e. The right to graze cattle upon the Property to the extent allowed in the Cattle Lease Agreement of July 24, 2007, between the County and 1 iugh E. Starnes (appended to Management Plan as Appendix E) and thereafter in accordance with any subsequent cattle lease agreements provided the rights and extent of such future lease agreements do not exceed those of the existing lease agreement of July 24, 2007, and are not inconsistent with the purpose of the Biological Opinion Letter and the Conservation Easement nor likely to negatively impact the Conservation Values and quality of the Property as habitat for the Florida panther. 6. Grantee and the Service's Duties. Neither Grantee nor the Service shall unreasonably interfere with Grantors or their invitees, guests, and agents' use and quiet enjoyment of the Property. Grantee and the Service agree that neither Grantors nor any affiliate, subsidiary or other related party of Grantors shall be liable for or obligated for any liability, penalty,cost, loss, damage, expense, cause of action, claim, demand, or judgment arising from or in any way connected with Grantee's or Service's conduct and/or negligence on or about the Property. 7. Grantors' Duties. Grantors shall undertake all reasonable actions to prevent the unlawful entry and trespass upon the Property by persons whose activities may degrade or harm the Conservation Values of the Property. The Grantors also shall be responsible for control of public access to the Property through measures including, but not limited to, the gating and locking of access points and the marking of entry points with signs explaining approved and prohibited access and activities on the Property. o. 116 8. No Dedication. No right of access, ingress, or egress by the general public to any portion of the Property is conveyed by this Conservation Easement. 9. Oblisations of Ownership. Subject to paragraph 22, below, Grantors retain all responsibilities and all obligations related to the ownership, operation, upkeep, and maintenance of the Property. Grantors shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantors. Grantors shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority, and shall furnish Grantee and the Service with satisfactory evidence of payment upon written request. Grantors remain solely responsible for obtaining any applicable permits and approvals required for any activity or use permitted on the Property by this Conservation Easement, and any such activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency laws, statutes, ordinances,rules,regulations,orders and requirements. 10. Enforcement. Grantee and/or the Service have the right to enforce the terms,provisions and restrictions of this Conservation Easement. Any forbearance on behalf of Grantee and/or the Service to exercise its right of enforcement hereunder shall not be deemed or construed to be a waiver of either of their rights hereunder. 11. Remedies for Violation and Corrective Action. If Grantee, Grantors or the Service determines there is a violation of the terms of this Conservation Easement or that a violation is threatened,written notice of such violation and a demand for corrective action sufficient to cure the violation shall be given to the putative violator as well as to the Service. In any such instance, measures to cure the violation shall be reviewed and approved by the Service. If a violation is not cured within thirty (30) days after receipt of written notice and demand, or where the cure reasonably requires more than thirty(30)days to complete and there is failure to initiate action to cure the violation within the 30-day period or to diligently engage in actions to cure the violation, Grantee, Grantors and/or the Service may bring an action at law or in equity in a court of competent jurisdiction (I)to enforce compliance with the terms of this Conservation Easement; (2) to recover any damages to which Grantee, Grantors and/or the Service may be entitled for violation of the terms of this Conservation Easement or for any damage to the Conservation Values of the Property; or (3) for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to the violation or damage. Without limiting the violator's liability, any damages recovered may be applied to the cost of undertaking any corrective action on the Property. 12. Acts Beyond Grantors' Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee or the Service to bring any action against a Grantor for any injury to or change in the Property resulting from natural causes beyond the Grantor's control, including, without limitation, fire, flood, storm and earth movement or from any necessary action taken by a Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 13. Hold Harmless. Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, Grantors shall indemnify, defend and hold harmless Grantee and the Service as well as their members, directors, officers, employees, agents and contractors and the heirs, personal representatives, successors, and assigns (collectively "Indemnified Parties") from and against any actions, claims or damages, including reasonable attorney's fees, arising from a Grantors' negligence in connection with this Conservation Easement,and Grantee shall indemnify, defend and hold harmless Grantors against any actions, claims, or damages J 11B arising out of Grantee's negligence in connection with this Conservation Easement. The foregoing indemnifications shall not constitute a waiver of the County's or the Grantee's sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by the Parties to indemnify the other for such other Parties' negligent,willful or intentional acts or omissions. 14. No Hazardous Materials Liability. Each Grantor represents and warrants that it has no knowledge of any release or threatened release of hazardous materials or products that could be deemed hazardous materials in, on, under, about or affecting the Property. Without limiting the obligations of Grantors as otherwise provided in this Conservation Easement, Grantors agree to indemnify, protect and hold harmless the Indemnified Parties, as defined in Paragraph 13, above, against any and all claims arising from or connected with any hazardous materials present, released in, on, from, or about the Property at any time, or with any substance now or hereafter defined,listed,or otherwise classified pursuant to any federal,state,or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. 15. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes and for the purpose set forth in Paragraph 2 of this Conservation Easement. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state and federal laws and that is committed to hold this Conservation Easement exclusively for the purposes set forth herein. Grantee may not assign this Conservation Easement without the written consent of Grantors and the Service. 16. Subsequent Property Transfer. Either Grantor may transfer or convey its interest(s) in the Property with the prior written concurrence of the other Grantor and the written approval of the Service and to the extent authorized by the County's "Conservation Collier Exceptional Benefits Ordinance" (Ordinance No. 2006-58) adopted on November 28, 2006 as it may be amended. Grantor agrees, however,to provide the other Grantor and the Service written notice of its intent to transfer or convey its interest at least thirty (30) days prior to the date of such transfer or conveyance. Each successor in interest 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. Each Grantor further agrees to either refer to this Conservation Easement or, alternatively, incorporate and insert the terms and restrictions of this Conservation Easement in any deed or other legal instrument by which the Grantor divests itself of any interest in all or a portion of the Property,including,without limitation,a leasehold interest. Grantee and/or the Service shall have the right to prevent any transfer in which the prospective subsequent claimants or transferees are not given notice of the terms, covenants, conditions and restrictions of this Conservation Easement. Grantee and/or the Service also shall have the right to prevent any such transfer whenever the transfer would result in a merger of the Conservation Easement and the Property in a single Property owner (thereby extinguishing the Conservation Easement) where there is no method or mechanism deemed adequate by law to preserve, protect and sustain the Property in perpetuity. The failure of a Grantor to perform any act required by this paragraph shall not impair 11R the validity of this Conservation Easement or limit its enforcement in any way. 17. Subdivision. There shall be no subdivision of the Property. 18. Condemnation. If the Conservation Easement is taken, in whole or in part, by exercise of the power of eminent domain,Grantee shall be entitled to compensation in accordance with applicable law. 19. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remaining provisions of this Conservation Easement shall not be invalidated or affected thereby as long as the purpose of the Conservation Easement is preserved. 20. Recordation. The County shall record this Conservation Easement in the Official Records of Collier County, Florida. within five (5) days of the signing of this Conservation Easement by the signatories below and shall re-record this Conservation Easement at any time the Grantee or the Service may require to preserve their respective rights. The County shall pay all costs, including but not limited to recording costs and taxes necessary to record this Conservation Easement in the public records. Grantors will hold Grantee harmless from any such costs necessary to record this Conservation Easement in the public records. 21. Modifications. This Conservation Easement may be amended, altered,released or revoked only by the written agreement of the Parties hereto or their heirs, assigns or successors-in-interest and with the written approval of the Service. Any such amendment or alteration ("modification") shall be consistent with the purpose of this Conservation Easement and the Biological Opinion Letter and shall not affect the perpetual duration of this Conservation Easement. The County shall promptly record any written modification in the public records of Collier County, Florida and thereafter promptly provide a conformed copy of the recorded modification to CREW,Grantee and the Service. 22. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and delivered personally or sent by facsimile or by a recognized overnight delivery service. Notice by either of the previous methods shall be deemed given upon delivery. Notice also may be sent by United States mail, certified, return receipt requested and postage prepaid. Such notice shall be deemed given five (5) days after deposit in the United States mail. Notice shall be addressed as follows or to such other address as either Party or the Service may from time to time specify in writing: To Grantor: Collier County Board of County Commissioners 3299 Tamiami Trail East Naples,Florida 34112 Telephone number: (239)252-2961 Facsimile number: (239)252-6713 To Grantor: Corkscrew Regional Ecosystem Watershed Land &Water Trust,Inc. 23998 Corkscrew Road Estero, FL 33928 Telephone number: (239)657-2253 Facsimile number: (239)867-3259 11B To Grantee: Florida Fish and Wildlife Conservation Commission Habitat and Species Conservation Division Director 620 South Meridian Street Tallahassee,FL 32399-1600 Telephone number: (850)488-3831 Facsimile number: (850)921-7793 To the Service: Field Supervisor United States Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach,Florida 32960-3559 Facsimile number: (772)562-4288 23. Subordination of Liens. Each Grantor hereby covenants with said Grantee and the Service that Grantor is lawfully seized of its undivided interest in said Property in fee simple; that its undivided interest in the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; that all mortgages and liens on its undivided interest in the Property have been subordinated to this Conservation Easement; that Grantor has good right and lawful authority to convey this Conservation Easement; and that Grantor hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. 24. Funding. Funding for the management, maintenance, and monitoring activities required to occur on the Property pursuant to this Conservation Easement and the Biological Opinion Letter shall come from the Caracara Prairie Preserve Parcel Endowment Fund Trust, a perpetual trust created in accordance with the Biological Opinion Letter, and by any other means specified in the Biological Opinion Letter. 25. No Merger or Release. This Conservation Easement provides specific and substantial rights to the Service as provided herein and in accordance with the Biological Opinion Letter. These rights, among other things, prohibit the release or assignment of the rights, obligations and encumbrances established by this Conservation Easement in any fashion,except upon written approval of the Service. It is the intent of the Grantors,the Grantee and the Service that this Conservation Easement shall be a covenant running with title to the Property and that this Conservation Easement shall be binding upon subsequent owners of the Property. The Parties covenant and agree that this Conservation Easement may not be assigned, terminated or released in any manner without the consent and written agreement of the Service. Subject to paragraph 16,above, in the event that either Grantor or any subsequent owner of an interest in the Property shall convey fee title to the Property to the Grantee or to any successor of the Grantee, the Parties expressly covenant and agree that this Conservation Easement shall not be terminated or extinguished by operation of law pursuant to the doctrine of merger or any similar or dissimilar doctrine or rule of law. 26. Management. Grantors hereby covenant that the management of the Property shall be undertaken in accordance with the Biological Opinion Letter, Management Plan and this Conservation Easement. Such management may be undertaken by the County directly or, with the written consent of the Service, by another party, including CREW. When management is undertaken by an entity other than the County, prior to any such undertaking, the County must obtain the entity's written consent and agreement to undertake such management and to do so in accordance with the Biological Opinion Letter, Management Plan and this Conservation 11B Easement.The County further agrees to provide funding for such management in accordance with the Caracara Prairie Preserve Parcel Endowment Trust Agreement and from the Endowment Fund created thereunder. 27. Preserving Peraetual Rights. In accordance with Chapter 712 of the Florida Annotated Statutes or the laws then in effect,the County agrees to record a notice,as provided in Fla. Stat. 712.06, of this Conservation Easement once during the 30-year period beginning from the date this easement is first recorded and, thereafter, during each 30-year period of the Conservation Easement. The County further agrees to provide a copy of each such recorded notice to the Grantee and the Service between the 28th and 29th year of each 30-year period. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions, and purpose imposed with this Conservation Easement shall be binding upon each Grantor and shall continue as a servitude running in perpetuity with the Property. IN WIMESS WHEREOF,Gr tors have hereunto set their authorized hands this-_--•— day of ,g err ,201 Lt GRANTOR: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA • ....---/ / hest as ; I lie-puty Clerk Tom Henning,Chairman signature only. i Approved for form and legality: Jennifer A.Belpedio Q� , ` Assistant County Atto �O-' SA-clOcc..cg -V\ovy&Q 4. The foregoing instrument was acknowledged before me this \2A' day of 5 c.x+-k7c_y' . 201Aby Tom Henning, as Chairman of the Collier County Board of County Commissioners,on behalf thereof. He is personally known to me. _...... C-,- � e> e>�/ No .. Public,State of Flori r �, ,,P.,,, VIRGINIA.A.NEST 1 Pri a Name:\f\.Y- : g Notary Public State of Florida My Commission Expires: _VM :, , My Comm.Expires Jun 23.2017 er Commission N FF 11938 Bondea Tnroupn National Notary Assn 0 »y- 11B GRANTOR: DATED: WITNESSES: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED,a Florida non- profit corporation (Signature) (Printed Name) BY: Ben Nelson,Chairman (Signature) (Printed Name) STATE OF FLORIDA COUNTY OF COLLIER STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 201_ by , as Chairman of the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated, a Florida non-profit corporation on behalf thereof. He is personally known to me. Notary Public,State of Florida Print Name: My Commission Expires: __ 11B . GRANTEE'S ACCEPTANCE The Florida Fish and Wildlife Conservation Commission hereby accepts and agrees to the conditions of the foregoing Conservation Easement. The Florida Fish and Wildlife Conservation Commission By: Title: Date: Approved: The U.S. Fish and Wildlife Service By: Print Name: Title: 1 1 B EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY 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.