Agenda 09/09/2014 Item # 11B 9/9/2014 11.A.
EXECUTIVE SUMMARY
Recommendation to authorize advertising an ordinance creating the Platt Road Improvement
Municipal Service Taxing Unit to fund and levy not to exceed three mills of Ad Valorem Taxes per
year to reimburse the County$10,500 for emergency roadway improvements made to Platt Road.
OBJECTIVE: To obtain reimbursement of County funds expended on a private road.
CONSIDERATIONS: On September 10, 2013 during Staff and Commission General Communications,
Commissioner Nance requested the Board authorize staff to establish a program to address the emergency
repair of roads that become impassible due to heavy rains. On September 11,2013,the Fire Chief of Big
Corkscrew Island Fire Control and Rescue District sent an email to County Emergency Services Director
Dan Summers and others to express concern with the poor condition of Platt Road and other streets in the
flood prone area and to note that it was inaccessible. According to the Chief, the condition of the road
prevented timely response by fire and emergency vehicles and caused damage to one fire vehicle.
Platt Road is a private road and the County is not responsible for its repair or maintenance. Article VII,
Section 10 of the Florida Constitution requires that the expenditure of county funds must be for a public
purpose, and includes a general prohibition on the use of taxpayer dollars to repair or maintain private
roads. On September 24, 2013, the Board passed Resolution No. 2013-221 establishing a procedure
under which public funds could be used for emergency repairs to private roads to allow the passage of
emergency vehicles. Additionally, the Board passed Resolution No. 2013-222 specifically addressing
Platt Road and included the following points;
1. Directed the County Manager to take immediate action to make minimum repairs necessary to
facilitate the transport of emergency service vehicles along Platt Road.
2. Directed the County Manager to send out letters to property owners serviced by Platt Road to
request that they form a voluntary Municipal Services Taxing Unit (MSTU) for the purpose of
road maintenance and to assist them in this endeavor.
3. Should the property owners fail to form a voluntary MSTU within six months, the County
Manager will place an item on the Board agenda to establish an involuntary MSTU.
4. Initial funds generated by the MSTU shall be used to repay the County its full cost of repairing
the road. Funds in excess of that amount would be applied to future road maintenance and
repairs.
Platt Road emergency repairs were completed on September 25, 2013 at a cost of$10,500. A letter was
sent to all property owners in the area on October 22,2013. No action has been taken to form a voluntary
MSTU. However, the community has organized themselves and devised a plan for the continued
maintenance of Platt Road and other roads in the area to avoid the need for the County to expended future
funds in the area. Thus far, the community has spent $2,560 to maintain Platt Road. With this plan in
place the community felt there was no need for a voluntary MSTU for the ongoing maintenance of the
road.
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Proposed Agenda Changes
Board of County Commissioners Meeting
September 9, 2014
Add On Item#10D: Recommendation to name the pavilion at the Rover Run Dog Park, located within
Veteran's Community Park, in memory of Stephen A. Duzick. (Commissioner Hiller's request)
Continue Item #11A to the September 23, 2014 BCC Meeting: Recommendation to authorize
advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing
Unit to fund and levy not to exceed three mills of Ad Valorem Taxes per year to reimburse
the County $10,500 for emergency roadway improvements made to Platt Road.
(Commissioner Nance's request)
Continue Item#16D4 to the September 23,2014 BCC Meeting: Recommendation to award Invitation to
Bid (ITB)#14-6278RR for "Aquatic Maintenance Support Services" to Vista Pools, Inc.,to provide
preventive as well as on-call maintenance and repair support for County-owned and operated aquatic
facilities. Estimated annual fiscal impact is approximately$80,000. (Staffs request)
Continue Item#16D17 to the September 23,2014 BCC Meeting: Recommendation to approve two
Modifications to Disaster Recovery Grant Agreements for disaster relief and long term recovery or
mitigation with the Florida Department of Economic Opportunity,and approve two associated subrecipient
agreement amendments. The proposed modifications do not change the amount of the grant award. (Staffs
request)
Withdraw Item#16H1: Recommendation to appoint one member to the Pelican Bay Services Division Board.
(County Attorney's Office and Pelican Bay Services Division separate requests)
Note:
Item#9A title should include: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item,all participants are required to be sworn in. (County
Attorney's request)
Time Certain Items:
Items#10C and#13B to be heard immediately following Items#5D and#5E.
9/9/2014 8 37 AM
9/9/2014 11.A.
Thus far no funds have been repaid to the County for the emergency repairs of Platt Road. In keeping
with the established procedure, staff is initiating the establishment of an MSTU solely for the repayment
of$10,500 to the County.
The boundaries of the MSTU have been proposed to include only those properties that are adjacent to
Platt Road with access and must utilize Platt Road to enter and exit the respective property ( see map
attached to this summary).
Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1)Creation of the
Platt Road MSTU Fund and related Cost Center, (2) Mechanism to establish the budget based upon
certified taxable value and applied millage rate. Based upon a projected taxable value equal to
$1,678,352 the extension of taxes based upon three mils would raise approximately $5,062.06 annually
which would require a repayment schedule of a little over 2 years with no excess funds available for
future maintenance. If the Board would prefer a shorter schedule the amount of millage would have to be
increased.
The Ordinance shall automatically sunset on September 30, 2017, unless extended by Resolution of the
Board. A document titled"Community Proposal in Lieu of MSTU"is back-up to this item.
FISCAL IMPACT: Approval of this item would refund Collier County $10,500 over a two year period
for emergency repairs of Platt Road.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance
creating the Platt Road Improvement MSTU to fund and levy not to exceed three mils of ad valorem taxes
per year to reimburse the County$10,500 for emergency roadway improvements made to Platt Road.
Prepared By: Harry Sells,Project Manager,Alternative Transportation Modes Department
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9/9/2014 11 .A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
Item Summary: Recommendation to authorize advertising an ordinance creating the Platt
Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mills of
Ad Valorem Taxes per year to reimburse the County$10,500 for emergency roadway
improvements made to Platt Road.
Meeting Date: 9/9/2014
Prepared By
Name: SellsHarry
Title:VALUE MISSING
7/10/2014 2:30:34 PM
Approved By
Name: SotoCaroline
Title:Management/Budget Analyst, GMD Construction&Maintenance Admin
Date: 7/10/2014 4:21:21 PM
Name: ArnoldMichelle
Title:Director-Alt Transportation Modes,Alternative Transportation Modes
Date: 7/11/2014 12:40:36 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 7/23/2014 3:33:53 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 8/12/2014 1:29:56 PM
Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 8/14/2014 4:42:36 PM
Name: CarnellSteve
Title:Administrator-Public Services,Public Services Division
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9/9/2014 11 .A.
Date: 8/19/2014 7:53:05 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 8/20/2014 8:34:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 8:37:30 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 8/21/2014 3:45:54 PM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 8/25/2014 2:21:12 PM
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9/9/2014 11.A.
ORDINANCE NO. 2014-
AN ORDINANCE CREATING THE PLATT ROAD IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE
AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A
PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE
LEVY OF NOT TO EXCEED THREE (3) MILS OF AD VALOREM
TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES;
PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS
DESIGNEE; PROVIDING FOR SUNSET; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, that portion of Platt Road between Immokalee Road and its eastern
terminus, hereinafter referred to as "Platt Road," and a short section of Corkscrew Lane
extending crossing Platt Road are currently private roadways and not maintained by the County;
and
WHEREAS, the responsibility for the maintenance of Platt Road lies with no one entity
or individual, but rather falls to the individual property owners; and
WHEREAS, on September 11, 2013, the Fire Chief of Big Corkscrew Island Fire
Control and Rescue District petitioned the Collier County Board of County Commissioners
(BCC) to repair Platt Road which had been made impassable due to heavy rains. The condition
of the road prevented timely response by Fire and Emergency vehicles and caused damage to one
Fire Vehicle.
WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013-221
establishing a procedure under which public funds could be used for emergency repairs of
private roads to allow the passage of emergency vehicles.
WHEREAS, on September 24, 2013, using the procedure established in Resolution No.
2013-221, the BCC also passed Resolution No. 2013-222, authorizing emergency repairs to be
made to Platt Road and funded by an MSTU created for such purpose.
WHEREAS, on September 25, 2013, emergency repairs on Platt Road were completed at
a cost of$10,500.00.
WHEREAS, in keeping with Resolution 2013-222, a Platt Road Municipal Service
Taxing Unit (MSTU) is being created for the purposed of levying taxes and repaying the County
for the repairs made to the road.
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9/9/2014 11 .A.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
Florida Statutes, and other applicable provisions of Law.
SECTION TWO. Creation of the Municipal Service Taxing Unit
There is hereby created and established the Platt Road Improvement Municipal Service
Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service
Taxing Unit and its boundaries are as described on the attached Composite Exhibit "A" that is
incorporated by reference.
SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose of providing levying taxes and repaying the County
for the repairs made to the road. The governing body of the MSTU shall be the Board of County
Commissioners of Collier County,Florida.
SECTION FOUR. Funding and Levy of Taxes
For the purpose of implementing this Ordinance, the Board of County Commissioners
shall annually until the debt is repaid, at the time required by general budgetary law, make an
itemized estimate of the amount of money required to carry out the purpose of the MSTU for the
next fiscal year, which shall be from October 1 to and including September 30 following. The
estimate shall describe the purpose for which the moneys are required and the amount necessary
to be raised by taxation within the MSTU. The revenue will be used to reimburse Collier County
for expenditures required for emergency repairs of Platt Road. At the time and place for fixing
the annual rate of taxation for County purposes, the Board of County Commissioners shall fix
and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not
to exceed three(3)mils per year.
Page 2 of 5
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•
9/9/2014 11 .A.
SECTION FIVE. Tax Assessment and Collection
Taxes herein provided for shall be assessed and collected in the same manner and form
as provided for the assessment and collection of general County taxes and subject to the same
fees for assessing and collecting as general County taxes.
SECTION SIX. Duties of the County Manager or His Designee
The duties of the County Manager or his designee shall be:
A. To aid and assist the Board of County Commissioners in carrying out the purposes of the
MSTU in accordance with established practices and policies of the Board of County
Commissioners and as set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized annual
budget of the amount of money required to carry out the business of the MSTU for the next
fiscal year.
C. To provide periodic written reports to the Board of County Commissioners of the activities
of the MSTU and its finances in accordance with established guidelines of the Board of
County Commissioners.
SECTION SEVEN. Sunset
This Ordinance shall automatically sunset on September 30, 2017, unless extended by
Resolution of the Board of County Commissioners.
SECTION EIGHT. Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in the Code of Laws and Ordinances
Page 3 of 5
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(11)
9/9/2014 11.A.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such,and the word"ordinance"may be changed to "section,""article,"
or any other appropriate word.
SECTION TEN. Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of June, 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY,FLORIDA
By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
Jennifer A. Belpedio,
Assistant County Attorney
(4 1,a--
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COMPOSITE EXHIBIT"A"
GEOGRAPHIC BOUNDARIES:
The boundaries of the PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida, and specifically described
as:
Township 47,Range 27
The North '/2 of the South %z of Section 26,Plus
The East V2 of the Southeast '/4 of the Southeast 1/4, of the Northwest 1/4 of Section 26, plus
The West 1/2 of the Northwest 1/4, of the Southwest 1/4,of the Northeast 1/4, Section 26,plus
The West%2, of the Southwest '/4, of the Southwest '/4 of the Northeast 1/4 of Section 26, plus
The North 1/2 of the North 1/2 of the Southwest 1/4,minus East 1/2 of the Northeast 1/4 of the
Northeast 1/4 of the Southwest 1/4 of Section 25, plus
The South 1/2 of the North 1/2 of the Southwest 1/4 minus, Southeast 1/4, of the Northeast 1/4 of the
Southwest 1/4 of Section 25,plus
East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25, plus
West 1/2 of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25.
Containing therein 250 acres, more or less.
Page 5 of 5
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9/9/2014 11.A.
COMMUNITY PROPOSAL IN LIEU OF MSTU
The Corkscrew Island community would like to propose self-maintenance of the private roads in the
Corkscrew Island/Platt Road area in lieu of a mandatory or voluntary MSTU.
The Corkscrew Island community has organized itself under the leadership of the Corkscrew Island
Neighborhood Association(CINA)to provide an alternative proposal to manage and maintain private
roads in the Corkscrew Island area. Over the last several months the residents have organized
themselves, evaluated needs,and assumed the maintenance of the roads through in-kind donations,
sweat equity,and cash contributions provided by residents and property owners.
Attached is a proposal for Road Maintenance Coordination outlined by the Corkscrew Island
Neighborhood Association,along with a record of recent maintenance contributions, expenses, and
activities, a record of in-kind contributions, and a map indicating the work accomplished within the
neighborhood to date.This effort has been organized by the Corkscrew Island Community to address
the necessary repairs and maintenance of the private roads in this area on an ongoing and continual
basis.
Given this effort and the efforts of the community over the past several months,the Corkscrew
Island/Platt Road Community would like to request that the BCC forgive the$10,500 expended by the
County,in return for a commitment of the Corkscrew Island Community through assistance of the
Corkscrew Island Neighborhood Association to continue to use best efforts to maintain the roads in
good condition and to provide information and oversight of private road maintenance. Corkscrew Island
Neighborhood Association will advise the Collier County staff annually as to the progress and status of
road maintenance.
A presentation on this proposal will be made by:
Maureen Bonness, Ph.D., Corkscrew Island Neighborhood Association or
Doug Wilson Secretary,Corkscrew Island Neighborhood Association
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9/9/2014 11.B.
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.
t"'■ 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
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9/9/2014 11.B.
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/ffp/AgendaSept914/PubServices/9-9-
14%20BCC%20Meeting/16D l 2844CaracaraTrustAgreement.pdf
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9/9/2014 11.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.B.
Item 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.
Meeting Date: 9/9/2014
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach&Water
8/12/2014 8:45:03 AM
Submitted by
Title:Environmental Specialist, Senior,Conservation Collier
Name: HermigMelissa
8/12/2014 8:45:04 AM
Approved By
Name: McPhersonJeanine
Title:Assistant Director-Parks&Recreation,Parks&Recreation
Date: 8/14/2014 5:36:19 PM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 8/15/2014 6:39:40 AM
Name: RodriguezDan
Title:Director-Solid Waste, Solid&Hazardous Waste Management
Date: 8/15/2014 4:43:09 PM
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9/9/2014 11.B.
Name: Dayne Atkinson
Title: Project Manager, Solid&Hazardous Waste Management
Date: 8/15/2014 5:06:22 PM
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Division
Date: 8/19/2014 9:50:36 AM
Name: ZimmermanSue
Title: Property Acquisition Specialist, Senior,Facilities Management
Date: 8/19/2014 2:06:19 PM
Name: BetancurNatali
Title: Operations Analyst,Beach&Water
Date: 8/20/2014 1:12:35 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 8/21/2014 9:59:44 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 8/21/2014 12:18:27 PM
Name: Carnel!Steve
Title:Administrator-Public Services,Public Services Division
Date: 8/22/2014 8:26:24 AM
Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 8/25/2014 9:30:47 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 8/28/2014 1:59:48 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 8/28/2014 4:05:45 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/29/2014 8:40:18 AM
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9/9/2014 11.B.
Name: Ochs Leo
Title: County Manager, County Managers Office
Date: 8/29/2014 2:09:19 PM
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9/9/2014 11 .B.
CARACARA PRAIRIE PRESERVE
CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this 470' day of by COLLIER COUNTY,a political subdivision of the State
of Florida, (herei er referred 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- R 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-
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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;
e
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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;
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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 Hugh 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.
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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. Oblinations 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 (1)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
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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
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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
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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
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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 Perpetual Riebts. 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 WITNESS WHEREOF, Gr tors have hereunto set their authorized hands this /
day of „Gee-go-46r'- ,201/It
GRANTOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
BY:
,Deputy Clerk Tom Henning, Chairman
Approved for form and legality:
Jennifer A. Belpedio Q�
Assistant County Attorney O-' 4,\',
The foregoing instrument was acknowledged before me this day of
201_by Tom Henning, as Chairman of the Collier County
Board of County Commissioners,on behalf thereof. He is personally known to me.
Notary Public,State of Florida
Print Name:
My Commission Expires:
11 .
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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
n 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:
■ •••■
t�J
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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:
_ n
II
li
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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.
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HennigMelissa
From: Cassler, Constance jconstance_cassler@fws.govl
Sent: Thursday, June 05, 2014 9:37 AM
To: HennigMelissa
Subject: Fwd: Panther habitat mitigation for ACOE permit#SAJ-2011-00626(SP-KDS)
Hi Melissa,
I hope I already responded to you about this, and I apologize if I haven't. The attached documents are
acceptable. Sorry for any inconvenience the delay may have caused. I know you worked really hard on this.
Connie
Constance L. Cassler,Ph.D.
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
1339 20th Street
Vero Beach, Florida 32960
office: 772-469-4243
fax: 772-562-4288
email: constance casslerra;fws.gov
Forwarded message
From: Foster,Victoria<victoria fosterta#ws.gov>
Date: Wed, Jun 4, 2014 at 5:26 PM
Subject: Re: Panther habitat mitigation for ACOE permit# SAJ-2011-00626(SP-KDS)
To: "Cassler, Constance" <constance casslerr&fws.gov>
Hi Connie,
I'm just now looking at this e-mail. If you haven't already, could you please verify for Melissa per her request
that these are appropriate?
Thanks you so much!!
Tori
U.S. Fish and Wildlife Service
1339 20th Street, Vero Beach, FL 32960
Ph: 772-469-4269 Fax: 772-562-4288
E-mail: Victoria Fosterfws.gov
Follow us on Twitter @ USFWSVERO
•
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On Thu,May 8, 2014 at 2:03 PM, Cassler, Constance<constance cassleri fws.gov>wrote:
'"Tori,
These are the documents that Vicki and I worked on and approved.
Connie
Constance L. Cassler,Ph.D.
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
1339 20th Street
Vero Beach, Florida 32960
office: 772-469-4243
fax: 772-562-4288
email: constance casslerafws.gov
On Thu,May 8, 2014 at 8:57 AM,HennigMelissa<MelissaHennigncolliergov.net>wrote:
Hello Victoria,
Both Connie Cassler and Vicki Mott, USFWS solicitor in Atlanta, have been working closely
with Collier County to draft acceptable PHU documents for Caracara Prairie Preserve. All the
PHUs generated from Caracara Prairie Preserve will be used to mitigate work done at the
Collier County Resource Recovery Park. I believe you inherited this project from Allen Webb
when he retired??
Now that the permit for the Resource Recovery Park has been issued, we are going to take the
Caracara Prairie Preserve documents to our County Board Commissioners for final execution.
The documents include a Conservation Easement and a Trust Agreement, both of which have
been previously reviewed and found acceptable by Connie and Vicki. Once executed, I plan on
sending these documents to you for USFWS final acceptance; however, our County Attorney
has recommended that I seek an e-mail from the USFWS representative that's been working
with the County stating your intent to recommend that your agency sign, or that your agency
will sign, the 2 documents so that I can include the e-mail as back-up when I bring them to our
Board for signature.
2
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Would it be possible for either you or Connie to send me an e-mail to me indicating that the
attached documents will be accepted by USFWS upon execution?
Thank you,
Melissa
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
Under Fienda Law tiersai adtiressery OFT, reieorde yos dc,nut vireitS your reeiniai!eidoireiss reieased is response to a pub!ic records reque.st,de ryal send
&actress':rria:i tii$entity cssitirad.iiiiontacI:niter office by teieunese:er iiossrei
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