Agenda 10/08/2013 Item #16D 1 10/8/2013 16.D.1 .
EXECUTIVE SUMMARY
Recommendation to extend an Interlocal Agreement with the City of Marco Island for the
management of the Conservation Collier Otter Mound Preserve for an additional term of 5 years.
OBJECTIVE: To allow the City of Marco Island to continue to co-manage the Conservation Collier
Otter Mound Preserve for an additional term of five years.
CONSIDERATIONS: On May 9, 2006 (Agenda Item 16.A.1.) an Agreement between the City of
Marco Island and Collier County was entered into regarding Otter Mound Preserve, located at
1931 Addison Court, Marco Island. This Agreement described specific obligations for
management actions that would be taken at Otter Mound Preserve by the City of Marco Island at
no cost to Collier County. The term of the Agreement expired five years after the effective date,
on February 28, 2011; however, the City of Marco Island has continued to honor it. The
Agreement states that it may be extended upon written acknowledgement of both parties.
Accordingly, the proposed agreement extends the arrangement for an additional five years with
the parties able to further extend by written agreement.
Staff has revised the Agreement to remove obligations that have been completed and made
modifications that conform to current management practice. At its April 8, 2013 public meeting,
the Conservation Collier Land Acquisition Advisory Committee reviewed the proposed
agreement and unanimously recommended its approval.
The proposed agreement was signed by the Marco Island City Attorney, Burt Saunders and
Manager. Dr. James Rivere.
FISCAL IMPACT: The arrangement saves Conservation Collier $1,700 per year in fees to mow the
Otter Mound Preserve right of way. The estimated cost for recording the Interlocal Agreement in the
Official Records of Collier County is $27.00. Funds for this expenditure are available in the
Conservation Collier Management Trust Fund (174)budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -JAB
RECOMMENDATION: That the Board approves and authorizes the Chairwoman to sign the proposed
extended Interlocal Agreement with the City of Marco Island for shared management responsibilities at
the Conservation Collier Otter Mound Preserve.
Prepared by:Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Department
Attachment: Copy of signed extended Interlocal Agreement
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10/8/2013 16.D.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to extend an Interlocal Agreement with the City of
Marco Island for the management of the Conservation Collier Otter Mound Preserve for an
additional term of 5 years.
Meeting Date: 10/8/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys,Parks&Rec-NCRP Admin
8/26/2013 4:10:23 PM
Submitted by
Title: Environmental Specialist, Senior,Facilities Manage
Name: SuleckiAlexandra
8/26/2013 4:10:24 PM
Approved By
Name: SuleckiAlexandra
Title: Environmental Specialist, Senior,Facilities Manage
Date: 9/4/2013 3:07:44 PM
Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks &Recreation
Date: 9/12/2013 10:37:09 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/23/2013 3:34:56 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 9/24/2013 1:34:57 PM
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10/8/2013 16.D.1 .
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/25/2013 10:44:20 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/25/2013 5:01:44 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/26/2013 8:41:59 AM
Name: OchsLeo
Title: County Manager
Date: 9/26/2013 1:42:53 PM
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10/8/2013 16.D.1 .
INTERLOCAL AGREEMENT
OTTER MOUND PRESERVE
First Extension
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
day of September 2013, by and between Collier County, a political
subdivision of the State of Florida ("County"), and the City of Marco Island, a municipal
corporation ("City").
RECITALS:
WHEREAS, Collier County Ordinance No. 02-63, authorizes the County to enter into a
written mutual agreement for management arrangements and responsibilities with
municipalities, for the management and maintenance of land; and
WHEREAS, the Otter Mound Preserve ("Preserve") is located within the City on
Addison Court and owned by the County; and
WHEREAS, the Preserve contains historical and archaeological artifacts; and
WHEREAS, the Preserve will be open to the public and managed only for the
conservation, protection and enhancement of natural and historical resources; and
WHEREAS, public outdoor recreation allowed on the Preserve will be compatible with
the conservation, protection and enhancement of the Preserve and its surrounding
lands; and
WHEREAS, Preserve management duties shall be the shared responsibility of the
County and the City.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
Section 1. Obligations of the Parties
A. The City's Obligations:
1. The City shall be responsible for maintaining the right of way adjacent to
the Preserve. Maintenance shall include, but not be limited to, mowing the
grass within the right of way as deemed necessary by City Code
Enforcement personnel. Maintenance of the right of way shall not include
vegetation trimming around or restoration of the historic shell wall
terracing. The City shall not use any sort of weed whacking or mowing
device within one foot of the historic shell wall terracing or existing trees.
2. The City shall provide routine Police patrols of the Preserve.
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10/8/2013 16.D.1 .
3. The City will provide assistance and cooperation to the County when Aork
applying for future grants.
4. The City will monitor and make recommendations as needed for Wildlife
Habitat Enhancement.
B. The County's Obligations:
1. The County shall be responsible for maintaining the historic shell wail
terracing. Maintenance shall include, but not be limited to, vegetation
trimming and vegetation removal.
2. The County will create a parking area to allow for the parking of three
vehicles.
3. The County shall ensure the removal of invasive exotic vegetation from
the Preserve as defined in the County Land Development Code. The
County shall also ensure that the Preserve remains free of invasive exotic
vegetation in perpetuity.
4. The County will maintain the Preserve in a manner that will allow for public
use of the site.
5. The County will install a permanent"Otter Mound Preserve"sign.
6. The County will remove trash from the trash receptacles as necessary.
Section 2.
1. Written notice between the parties, if and when appropriate, shall be given to the
parties at the following addresses or such other person or place as each party
shall designate by similar notice.
As to Collier County: Alexandra Sulecki, or current Coordinator
Conservation Collier Program
Parks and Recreation Administration Building
15000 Livingston Road
Naples, FL 34109
As to Marco Island: Dr. James Riviere
City Manager, City of Marco Island
50 Bald Eagle Dr.
Marco Island, FL 34145
2. Each party agrees that it shall be solely responsible for its employees,
contractors or agents with regard to the rights, duties, and obligations created
hereby. However nothing herein shall constitute a waiver by either party of its
sovereign immunity and other limitations of liability, if any, set forth in Section
Ask
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10/8/2013 16.D.1 .
76828, Florida Statutes. There are no third party beneficiaries to this Interlocal
Agreement.
3. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this
Agreement. The County shall incur all costs of recording this Agreement. A
copy of the recorded document will be provided to the City within fifteen (15)
days of recordation.
4. The agreement shall be in effect for five years after the effective date and may be
extended beyond five years by written acknowledgement of both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement
the day and year first above written. This agreement becomes effective on the day that
it is executed by all parties.
ATTEST: BOARD OF COUNTY
DWIGHT E. BROCK, Clerk COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By: By:
Commissioner Georgia A. Hilier, Esq.
Chairwoman, District 2
Approved as to form
and legal4 eienG -
Jennifer White Cye..1?e c..'j ci
Chief Assistant County Attorney
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Approved as to form
and legal sufficiency: CITY OF MARCO ISLAND
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Burt L. Saunders City Manager
Marco Island City Attorney
June 10,2013
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