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Backup Documents 09/26/2017 Item #16D16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 6I Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to t ounty orney 0 ce 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 10 kr, 4. BCC Office Board of County - 'T Commissioners ipS!S/ tt\b\\--r� 5. Minutes and Records Clerk of Court's Office 'o PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Melissa Hennig/ att Catoe Phone Number 252-2957/2 2-8929 Contact/ Department Agenda Date Item was 9/26/2017 Agenda Item Number 16D16 Approved by the BCC Type of Document Memorandum of Agreement Number of Original 2 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? )4 t•-•• cA\ MH 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 MH 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 Q 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. (L, Some documents are time sensitive and require forwarding to Tallahassee within a certain J, time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Noic,and all changes made during the meeting have been incorporated in the attachdocument. The County Attorney's C� Office has reviewed the changes,if applicable. d 9. Initials of attorney verifying that the attached document is the version approved by the (� BCC,all changes directed by the BCC have been made,and the document is ready for 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 1 6 1 6 MEMORANDUM Date: October 6, 2017 To: Melissa Hennig, Environmental Specialist Conservation Collier Program From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission to allow youth hunts for Collier County residents at Pepper Ranch Preserve in December 2017 and February 2018 Attached, for further processing are two original copies of the memorandum referenced above, (Item #16D16) approved by the Board of County Commissioners on Tuesday, September 26, 2017. After receiving the necessary signatures, please return one of the fully executed original documents back to this office where it will be held in the Boards Official Records. If you have any questions, please feel free to call me at 252-8406. Thank you Attachment 16016 FWC Youth Hunt Agreement No. 17081 MEMORANDUM OF AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS AGREEMENT(AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"COMMISSION,"and COLUER COUNTY, whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter"LANDOWNER." NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: The term of this Agreement shall begin upon execution of this agreement and remain in effect until the last scheduled hunt, listed below,is completed and the COMMISSION no longer has access to the premises as specified in Section 5 of this agreement, entitled ACCESS. However, the COMMISSION is only leasing the Premises on the dates the COMMISSION has access to the Premises, as specified in Section 5 of this agreement. The dates of the scheduled hunt(s)are as follows: Hunt 1: Hog December 8-10, 2017 Hunt 2: Turkey February 23-25, 2018 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is appro)amately 2,500 acres in Collier County, Florida, as more particularly outlined on the attached map which is hereby incorporated (the"Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations for the use by the COMMISSION of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in the attached Youth Hunting Program of Florida Youth Hunt Announcement Form(s) ("Forms")which are hereby incorporated-to enhance, encourage and educate youth in the use of safe and practical hunting and fshing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in the attached Forms shall be for the management of wildlife and/or aquatic life as outlined in the attached Forms, including,but not limited to,the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the public. The use of the Premises for a youth hunt(s), except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined n the attached Forms. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in the attached Forms. Page 1 of 5 �� i 16 016 FWC Youth Hunt Agreement No. 17081 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises on the days of the scheduled hunt(s)for the purpose of administering youth training programs. The COMMISSION shall also have free and full access to the Premises 9 days before the scheduled hunt(s)to prepare for the hunt(s) and 7 days after the scheduled hunt(s)to clean-up. Hunting on the Premises pursuant to this Agreement shall only take place on scheduled hunting dates, listed above,and as outlined in the attached Forms. The LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further, except as approved in wriing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition,nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide the attached written notice of FS 375.251 to all person(s)volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post the attached written notice of FS 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to not receive any compensation for the activity outlined in the attached Forms above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. 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 thirty(30)days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. Page 2 of 5 161316 FWC Youth Hunt Agreement No. 17081 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Roth Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition,or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. 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. 15. 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 agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and 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. 17. 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 third party. 18. JURY TRIAL WAIVER As consideration of 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. Page 3 of 5 16O1 . FWC Youth Hunt Agreement No. 17081 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Page 4 of 5 16016 FWC Youth Hunt Agreement No. 17081 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commission Witness Diane Roth Eggeman, Director Division of Hunting and Game Management Witness LANDOWNER ATTEST: BOARD OF ' •a TY COMMISSIONERS OF DWIGHT E BROCK, CLERK COLLIER CkI , FLORIDA By: Q. TQC . A�� �� n+S Penny Tay1oie airman e Appetritgretoffirn and legality: ,,. Date: \2C..\ 1"'1 Jennifer A. V C)d \n Assistant County Attorney 9 � Page 5 of 5 1 6 D 1 6 ►1 ^ G FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ( F' Division of Hunting and Game Management—Hunter Safety Section ,4,„ gel YOUTH HUNT ANNOUNCEMENT FORM DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Dec. 8-10, 2017 850-556-0180 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County,6315 Pepper Rd., Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Melissa Hennig 3300 Santa Barbara Blvd., Naples FL 34112 YHPF Coordinator Coordinator# Assigned H►mtMaster(s) Jonathan Roberts 850-488-8984 Wayne Jenkins HuntMaster Phone jaleaqe include area codes) Home: 239-45 5-8109 Cell: 239-580-8094 Email:wayjen2500@gmail.com Hunt Information Type of Hunt(deer,varmint,turkey,etc.-be specific listing sex[if applicable]and quantities desiring to be harvested.) Hog #of youth hunters supplied by landowner #of youth hunters supplied by YHPF Total#of youth hunters 0 6 6-Collier County residents preferred Will hunters be camping? ❑Q Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Yes 0 No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help 0 Yes 0 No If yes,please describe: making food arrangements? ❑ Yes ❑• No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or 0 Yes 0 No If yes,please describe: equipment from YHPF? ❑ Yes 0 No If yes, lodge please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? ❑ Yes fJ No If yes,please describe: authorizes YHPF use? ❑ Yes 0 No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c%Florida Fish and Wildlife Conservation ❑ Yes © No If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office);(850)413-7989(fax) Email:Jonathan.Roberts@MyFWC.com 16016 i_ ' _A d FLORIDA FISH AND WILDLIFE CONSERVATION COMNIISSION F- Division of Hunting and Game Management—Hunter Safety Section i � a et YOUTH HUNT ANNOUNCEMENT FORM DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Feb. 23-25, 2018 850-556-0180 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County, 6315 Pepper Rd., Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Melissa Hennig 3300 Santa Barbara Blvd., Naples FL 34112 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Jonathan Roberts 850-488-8984 Wayne Jenkins HuntMaster Phone 6slease include area codes) Home: 239-455-8109 Cell: 239-580-8094 Email:wayjen2500@gmail.com Hunt Information Type of Hunt(deer,varmint,turkey,etc.-be specific listing sex[if applicable]and quantities desiring to be harvested.) Turkey-south of State Road 70 *only youth 15 yrs old and younger are allowed to harvest a turkey. #of youth hunters supplied by landowner #of youth hunters supplied by YHPF Total#of youth hunters 0 5 5-Collier County residents preferred Will hunters be camping? O Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Yes 0 No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help O Yes 0 No If yes,please describe: making food arrangements? 0 Yes 0 No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or 0 Yes 0 No If yes,please describe: equipment from YHPF? ❑ Yes 0 No If yes, lodge please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? 0 Yes 0 No If yes,please describe: authorizes YHPF use? ❑ Yes 0 No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c%Florida Fish and Wildlife Conservation ❑ Yes 0 No If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office);(850)413-7989(fax) Email:Jonathan.Roberts@MyFWC.com 1 6 1 6 Pepper Ranch Preserve Legal Description Proper y Tax ldentification Number. 00052360002 A pare of :and lying in the East Half EH of the East Half ot the Soutrit.i.,Eit Quarter SW of the Southeast Quarter SE4 of Section 22. Towcisnio 48 Range 28 East Collier County Florida heing more particularly describer', as follows Commence at the Southeast corner of Section 22 Township 4f3 South Range 28 East. Goiter County Florida. thence run S 8857.47 A. along the south line of the Southeast Quarter SE -..i of said Section 22 for a listance of 1320 38 feet to the Point of Beginning of the parcei f and herein described thence continue S 38 57 4T A along the south iine of the Southeast a-7-'‘-` ISE . ) of saia Section 22 for a distance of 331) 09 feet thence run 31 18 W for a distance of 1342 feet thencr, run N 88 5831' E f(2' i distance of 330.12 feet thence run SOC 31 14 E. for a distance of '342 44 feet to the Point of Beginning containing 10 17 acres more or ess AND Property Tax Identification Nurnoer 0005244000.3 A reiarcel of iand lying ir the Southeast Quarter SE. of the Southwest Quarter 1SW' and me ,Piest of tte Southwest Quarter SW1 of he Southeast Quarter SE':-.1of Section 22. Township 46 South Range 28 East Collier County Fonda. being !rare particulany cesonbed as folio:vs Commence at the Southeast corner of Section 22 Township 46 South Range 28 East Collier County. Fionca. thence run S 88 57 47' W. along the south rifle of the Southeast Quarter SE'-'4l of said Section 22 for a distance of 1980 56 to the Point of Beginning of the uarcel f iand rereir described thence continue S 8857 47' W. a'ong the south line of the Southeast Quarter of said Section 22 for a distance of 660 19 feet to the South Quarter corner of said Section 22 thence run S 88 5T47 A along the south iinc Of the southwest quarter of said Section 22 for a distance of 1321 80 feet tierce rur N 3038 44 W for a d,stance of 342 51 feet, thence ri.)^ N 88-59.17. E fora distance of 1324.53 feet thence run N 885931' E for a aistance of 660.24 feet thence run S 00 31'22 E for a distance of 1342.58 feet to the Point of Beginning containing 51 13 acres more or less 16 0 1 6 AND Property Tax identification Number 00052680009 The Southeast Quarter ISE'', of the Southwes' Quarter ;SW".; f Section 26 T_,wnsnip 46 South. Range 28 East Coiner County Florida containing 10 38 acres more or less AND Property Tax identification Number 00053000002 Alf of Section 28 Township 46 South Range 26 East C^il er County. Florida- b. containing 645 47 acres more or ess AND Property Tax Identification Number- 0005392000. The Northwest Quarter tNU`Y" i of the Northeast Quarter tNE..:; of the Northwest Quarter NVV"-. of Section 35 Township 46 South, Range 28 East County Florida. containing 10.09 acres more or iess AND Property Tax identification Numoer: 00052640007 A parcel ..f land located in a oortion of Section 26. Township 46 South Rare 28 East ;r>Il,er Criunty Florida. being more particularly descr bed as follows The west Half ,°,', of Section 26 Township 46 South Range 28 East. Collier County Florida. less the North 1452 35 feet thereof and less the Southeast Quarter ;SE -<i of the Southwest Quarter SW''r of said Sectior 26. and less that parcel of land, as described and recorded ,n Offic,a; Records Book 2585 at Paoe 2735 through 2737 owned t y South Florida Water Management Dtstr. t with Tax Folic Number 00652540007 containing 185 91 acres, more or less AND Property Tax ldentificat or Number 00052.60001 Ali of Section 27 Township 46 South. Range 28 East Collier County- Fionda. dnntainino 643 59 acres inure or !ebb. 16 0 1 6 AND Property Tax Identification Number 000532(30006 Ali of Section 33. Township 46 South. Range 28 East Co;ler Court?. Florida• containing 706,33 acres more or (t.SS AND Property Tax identification Nurrhers. 00053540000 & 0005404000' The East. Half (E'iv) of the East Half E'.•() of the Northwest Quaner . and the Northeast Quarter (NE'-,i less the East 30 feet and the Northerly 3C. teer ruublio roac ngrit(ic,(f-way per dedic-ation thereof recorded in Plat Book 12. Parer. i:- (known 3E, Pepper Road!, Section 35 -ownshio 46 South Range 28 East PuPlid Records of Collier Count,( Florida less 2.29 acres in the Northeast Quarter (NE' described ir Deed recorded in Of-fic al Records Book 1834 Page 216 also less the rea property describer in Quit Ciaim Deed recorded in Officiai Records Book 49 Pace 4, and in Official Records Book 280 Page 480: and in Official Records Book 282 Page 283 and ;n Official Records Book. 289 Page 910 all of the Public, Records of Co,:lie.r Coen ", Florida AND The Southwest Quarter ISViTio of the Northwest Quarter iN1tii"-, and the West Half (W':, of the Southeast Quarter (SE.. ; of the Northwest Quarter (NW : ant the Southwest Quarter of the Northeast Quarter (NE'.,4 of the Northwest Quarter (NW' •<. : and the South Half of the Northwest Quarter (Wry...) of the. Northwest 00,7 and the Nortowest Quarter {NWof the Northwest Quarter lNW41of the Northwest Quarter N'Ai and the West Half (1/11..',1 of the Northeast Quarter NE oi the Northwest Quarter (NW', of the Northwest Quarter (NVV' of Seetiori 35 Township 46 Spurr Range 28 East Collier County Florida. containing 208 33 acres More or less. The aforementioned parcels equates to 2.511.90 acres. more or less. t. g li � { W g iirt 4 a) -a : _ } , 4. `" '` : CD C v Imosalb a� 16016 (Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuous place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION sponsored Youth Hunting Program of Florida youth hunt.) CITICE READ THIS NOTICE COMPLETELY AND CAREFULLY. BY PARTICIPATING IN THIS ACTIVITY ON THIS PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO RECOVER FROM THE LANDOWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOU AND/OR YOUR CHILD AND/OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF PARTICIPATING IN THIS ACTIVITY. FOR MORE INFORMATION READ THE FOLLOWING. Florida Statute 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.— (1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas. (2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area. (Continued on Next Page) 16016 (b) Notwithstanding the inclusion of the term `public" in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area. (c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. (3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state's use of the area under the terms of the agreement subject to the limitations and conditions specified in s. owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement. (b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers. (c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012. (4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person. (5) As used in this section, the term: (a) "Area" includes land, water, and park areas. (b) "Outdoor recreational purposes" includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites. History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203. 16D16 Fit EU #43, FWC Youth Hunt Agreement No. 17081 2111 OCT { 9 - , MEMORANDUM OF AGREEMENT BETWEEN BOARD OF'c . 011NT COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 4 THIS AGREEMENT(AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"COMMISSION," and COLLIER COUNTY, whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter"LANDOWNER." NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: The term of this Agreement shall begin upon execution of this agreement and remain in effect until the last scheduled hunt, listed below, is completed and the COMMISSION no longer has access to the premises as specified in Section 5 of this agreement, entitled ACCESS. However, the COMMISSION is only leasing the Premises on the dates the COMMISSION has access to the Premises, as specified in Section 5 of this agreement. The dates of the scheduled hunt(s) are as follows: Hunt 1: Hog December 8-10, 2017 Hunt 2: Turkey February 23-25, 2018 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 2,500 acres in Collier County, Florida, as more particularly outlined on the attached map which is hereby incorporated (the"Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations for the use by the COMMISSION of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in the attached Youth Hunting Program of Florida Youth Hunt Announcement Form(s) ("Forms")which are hereby incorporated-to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in the attached Forms shall be for the management of wildlife and/or aquatic life as outlined in the attached Forms, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the public. The use of the Premises for a youth hunt(s), except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined in the attached Forms. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in the attached Forms. Page 1 of 5 16016 FWC Youth Hunt Agreement No. 17081 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises on the days of the scheduled hunt(s) for the purpose of administering youth training programs. The COMMISSION shall also have free and full access to the Premises 9 days before the scheduled hunt(s) to prepare for the hunt(s) and 7 days after the scheduled hunt(s) to clean-up. Hunting on the Premises pursuant to this Agreement shall only take place on scheduled hunting dates, listed above, and as outlined in the attached Forms. The LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide the attached written notice of FS 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post the attached written notice of FS 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to not receive any compensation for the activity outlined in the attached Forms above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. 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 thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. Page 2 of 5 16016 FWC Youth Hunt Agreement No. 17081 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Roth Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition,or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. 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. 15. 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 agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and 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. 17. 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 third party. 18. JURY TRIAL WAIVER: As consideration of 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. Page 3 of 5 FWC Youth Hunt Agreement No. 17081 16 D 1 6 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Page 4 of 5 36016 FWC Youth Hunt Agreement No. 17081 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commission -71etarki Witness iane Roth Eggeman, irk Division of Hunting an Game Management Witn-.s III LANDOWNER ATTEST. BOARD OF C0 _' TY COMMISSIONERS OF DWIGHT E. BROCK,'c1RK COLLIER C• I T , FLORIDA By: tL ,lr.l ',Q /T ' .- c\ 4/ Deputy CISt.,a;,.-, Penny Taylor .firmanI stChan's w c....,- A ��ea as t� fornian I legality: signature I. Date: �\�'�\k—t Jennifer A. Belp to Assistant County Attorney 0, .1 kg Page 5 of 5 sm 6 YPITioAito � FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FDivision of Hunting and Game Management—Hunter Safety Section \ o a ® 1 YOUTH HUNT ANNOUNCEMENT FORM •cp, co- DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Dec. 8-10, 2017 850-556-0180 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County, 6315 Pepper Rd., Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Melissa Hennig 3300 Santa Barbara Blvd., Naples FL 34112 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Jonathan Roberts 850-488-8984 Wayne Jenkins ome:HuntMaster Phone(9-455-81codes) 239-580-8094 wayjen2500@gmail.com Home: 239 Cell: Email: Hunt Information Type of Hunt(deer,varmint,turkey,etc.-be specific listing sex[if applicable]and quantities desiring to be harvested.) Hog #of youth hunters supplied by landowner #of youth hunters supplied by YHPF Total#of youth hunters 0 6 6-Collier County residents preferred Will hunters be camping? Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Yes [] No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help D Yes ❑ No If yes,please describe: making food arrangements? ❑ Yes [] No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or O Yes ❑ No If yes,please describe: equipment from YHPF? ❑ Yes 1=1 No If yes, lodge please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? ❑ Yes 0 No If yes,please describe: authorizes YHPF use? ❑ Yes J No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c/o Florida Fish and Wildlife Conservation ❑ Yes 0 No If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office); (850)413-7989(fax) Email: Jonathan.Roberts@MyFWC.com 16016 Y#MHllt" G FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Division of Hunting and Game Management—Hunter Safety Section YOUTH HUNT ANNOUNCEMENT FORM ,�,oN DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Feb. 23-25, 2018 850-556-0180 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County, 6315 Pepper Rd., Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Melissa Hennig 3300 Santa Barbara Blvd., Naples FL 34112 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Jonathan Roberts 850-488-8984 Wayne Jenkins HuntM aster Phonelease include area codes) Home: 239--455-8109 Cell 239-580-8094 Email:wayjen2500@gmail.com Hunt Information Type of Hunt(deer,varmint,turkey,etc.-be specific listing sex[if applicable]and quantifies desiring to be harvested.) Turkey-south of State Road 70 *only youth 15 yrs old and younger are allowed to harvest a turkey. #of youth hunters supplied by landowner #of youth hunters supplied by YHPF Total#of youth hunters 0 5 5-Collier County residents preferred Will hunters be camping? W Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Yes No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help • Yes ❑ No If yes,please describe: making food arrangements? ❑ Yes 0 No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or O Yes ❑ No If yes,please describe: equipment from YHPF? ❑ Yes ] No If yes, lodge please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? ❑ Yes 0 No If yes,please describe: authorizes YHPF use? ❑ Yes [J No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c/o Florida Fish and Wildlife Conservation ❑ Yes ] No If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office); (850)413-7989(fax) Email: Jonathan.Roberts@MyFWC.com 16016 Pepper Ranch Preserve Legal Description Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half (EI/2) of the East Half (E1/4) of the Southwest Quarter (S,W'%) of the Southeast Quarter (SEA) of Section 22. Township 46 South. Range 28 East, Collier County, Florida. being more particularly described as follows: Commence at the Southeast corner of Section 22. Township 46 South. Range 28 East. Collier County, Florida; thence run S 88°57'47" W, along the south line of the Southeast Quarter (SEA) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described: thence continue S 88''57'47" W. along the south line of the Southeast Quarter (SEA) of said Section 22, for a distance of 330.09 feet: thence run N 00°31'18" W for a distance of 1342.51 feet; thence run N 88°58'31° E for a distance of 330.12 feet: thence run S 00°31'14" E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres, more or less. AND Property Tax Identification Number: 00052440003 A parcel of land lying in the Southeast Quarter (SE%) of the Southwest Quarter (SW/) and the West Half (Wiz) of the Southwest Quarter (SW%) of the Southeast Quarter (SE'/)of Section 22, Township 46 South. Range 28 East, Collier County. Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida: thence run S 88`57'47" W, along the south line of the Southeast Quarter (SEA) of said Section 22 for a distance of 1980 56 to the Point of Beginning of the parcel of land herein described: thence continue S 8857'47" W, along the south line of the Southeast Quarter (SEA) of said Section 22, for a distance of 660.19 feet to the South Quarter corner of said Section 22: thence run S 88'57'47'° W along the south line of the southwest quarter of said Section 22 for a distance of 1321.80 feet: thence run N 00°38'44" W for a distance of 1342.51 feet: thence run N 88°59'17" E, for a distance of 1324.63 feet. thence run N 88°59'31" E. for a distance of 660.24 feet: thence run S 00°31'22" E for a distance of 1342.58 feet to the Point of Beginning: containing 61.13 acres, more or less. 16016 AND Property Tax Identification Number: 00052680009 The Southeast Quarter (SE's) of the Southwest Quarter (SW'%) of Section 26, Township 46 South, Range 28 East, Collier County. Florida: containing 40.38 acres more or less. AND Property Tax Identification Number: 000530100002 AU of Section 28. Township 46 South, Range 28 East, Collier County. Florida; containing 645.47 acres more or less. AND Property Tax Identification Number: 00053920001 The Northwest Quarter (NWY4) of the Northeast Quarter (NEY) of the Northwest Quarter (NW%) of Section 35, Township 46 South, Range 28 East. Collier County, Florida; containing 10.09 acres more or less. AND Property Tax Identification Number: 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: The West Half (WI/2) of Section 26. Township 46 South, Range 28 East, Collier County, Florida. less the North 1452.35 feet thereof and less the Southeast Quarter(SE'%4)of the Southwest Quarter(SW 4)of said Section 26. and less that parcel of land, as described and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 00052640007: containing 185.91 acres. more or less. AND Property Tax Identification Number: 00052960004 All of Section 27. Township 46 South, Range 28 East, Collier County, Florida; containing 643.59 acres more or less. 16016 AND Property Tax Identification Number: 00053200006 All of Section 33, Township 46 South, Range 28 East, Collier County, Florida:: containing 706.33 acres more or less. AND Property Tax Identification Numbers: 00053840000 &00054040003 The East Half (E/2) of the East Half (E1/2) of the Northwest Quarter (NW'/); and the Northeast Quarter(NE'/.), less the East 30 feet and the Northerly 30 feet for public road right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35, Township 46 South. Range 28 East. Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE%) described in Deed recorded in Official Records Book 1834, Page 216; also less the real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4: and in Official Records Book 280, Page 480: and in Official Records Book 282. Page 283; and in Official Records Book 289, Page 910: all of the Public Records of Collier County. Florida; AND The Southwest Quarter (SW%) of the Northwest Quarter (NW%): and the West Half (W'/2) of the Southeast Quarter (SE'%) of the Northwest Quarter (NW'✓,); and the Southwest Quarter (SW%) of the Northeast Quarter (NE'!) of the Northwest Quarter (NW1/4): and the South Half (S"/z) of the Northwest Quarter (NW%%) of the Northwest Quarter (NW%); and the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of the Northwest Quarter(NW'1): and the West Half(W/) of the Northeast Quarter(NE%) of the Northwest Quarter (NW%) of the Northwest Quarter (NW1/4) of Section 35, Township 46 South, Range 28 East, Collier County. Florida; containing 208.83 acres. more or less. The aforementioned parcels equates to 2,511.90 acres, more or less. 16016 j ' g /pw 1 to G o Ite Ki o 1 T 0 cn2 g VI - t m s as a , W 4 .; V D t? A G 16 3 w r n 0 3 "D 73 x ro sa CD '7F� , � '3 X a) 0 s . ' o Tot , R7 tD i ri -10 10 OD CV 40.- 7 , lic - .:,.,,,,,if..- , 1 I:4st ° - i .„1 ., A ��s qq��.. e `pe.y, � k 16016 (Exhibit C — To be supplied to each participant by COMMISSION and posted in a conspicuous place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION sponsored Youth Hunting Program of Florida youth hunt.) OTICE READ THIS NOTICE COMPLETELY AND CAREFULLY. BY PARTICIPATING IN THIS ACTIVITY ON THIS PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO RECOVER FROM THE LANDOWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOU AND/OR YOUR CHILD AND/OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF PARTICIPATING IN THIS ACTIVITY. FOR MORE INFORMATION READ THE FOLLOWING . Florida Statute 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.— (1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas. (2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area. (Continued on Next Page) 16016 (b) Notwithstanding the inclusion of the term `public" in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area. (c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. (3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state's use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement. (b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers. (c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012. (4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person. (5) As used in this section, the term: (a) "Area" includes land, water, and park areas. (b) "Outdoor recreational purposes" includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites. History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203.