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Agenda 09/11/2012 Item #16A22Ile- Y Recommendation to allow Barefoot Beach Club', Condominium Owners Association, Inc. and the Conservancy of Southwest Florida, Inc. to enter upon County property to begin exotic removal, data collection and monitoring of the mangrove forest on County -owned property in the vicinity of Lely Barefoot Beach. OBJECTIVE: To allow Barefoot Beach Club Condominium Owners Association, Inc. ( "Barefoot ") and the Conservancy of Southwest Florida, Inc. (the "Conservancy ") to enter upon County property to begin exotic removal, data collection and monitoring of the mangrove forest on County -owned property in the vicinity of Lely Barefoot Beach. CONSIDERATIONS: On June 14, 2011, the Boar of County Commissioners directed staff to work with the Conservancy and Barefoot to work out an agreement for the trimming of the mangrove forest on County— owned property. The parties are working out the details of an agreement, which is expected to go to the Board of County Commissioners for approval in October or November. In the meantime, both the Conservancy and Barefoot have requested that the County approve a Right of Entry to each the Conservancy and Barefoot, which would allow Barefoot to enter the County property to perform exotic removal and the Conservancy to enter the County property to perform data collection and monitoring of the man grove forest. Any data collected by the Conservancy will be used as a baseline for future data collection and monitoring. Section 3.05.07.H.l.g.vi of the Land Development ode (LDC) excludes the requirement for a Vegetation Removal Permit (VRP) for vegetation removal required to implement preserve management plans. Since the right of entry provides for appropriate standards to remove vegetation from this preserve, staff recommends tha the approval of the right of entry together with the attached standards meet the intent of the LD . and no VRP will be required. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A majority vote of the Board is needed for Board approval. [HFAC] RECOMMENDATION: That the Board of County Commissioners approve the proposed Rights of Entry to the Conservancy and to Barefoot. Prepared by: William D. Lorenz Jr., P.E., Director, Natural Resources Department I Attachments: 1) Right of Entry for Barefoot, 2) Right of Entry for Conservancy, 3) E -mail from the Conservancy Packet Page -2446- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22. Item Summary: Recommendation to allow Barefoot Beach Club Condominium Owners Association, Inc. and the Conservancy of Southwest Florida, Inc. to enter upon County property to begin exotic removal, data collection and monitoring of the mangrove forest on County -owned property in the vicinity of Lely Barefoot Beach. Meeting Date: 9/11/2012 Prepared By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive 8/22/2012 9:28:34 AM Approved By Name: PuigJudy Title: Operations Analyst. GMD P &R Date: 8/22/2012 10:50:40 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/22/2012 3:30:37 PM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 8/28/2012 9:41:46 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/28/2012 4:47:17 PM Name: KlatzkowJeff Title: County Attorney Date: 8/29/2012 4:09:04 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Packet Page -2447- Date: 8/31/2012 11:34:22 AM Packet Page -2448- 0!' 1 /2012, Item "Y" RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a political subdivision of the State of Florida, whose post off-ice address is 3299 Tamiarni Trail East. Naples, Florida 34112. hereinafter known as "Grantor "', for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid. does hereby grant unto the BAREFOOT BEACH C1X;B CONDOMINIUM OWNERS ASSOCIATION, INC., whose post office address is 259 Barefoot Beach Blvd., Naples, Florida 314134, hereinafter known as "Grantee", the temporary license and right to enter upon the lands of the Grantor. as described in Exhibit "A", attached hereto (the "County property"), which is made a part hereof, to conduct exotic and invasive species removal within the mangrove forest on the County property. For purposes of this right of entry. exotic and invasive species shall include. but are not limited to. excessive vine gro'"41) and all non-native and exotic vegetation (defined as species g listed in the Collier County Land Development Code Section 3.05.08 and Florida Exotic Pest Council Categories I and 11). Non-native. exotic and nuisance plants shall be killed in a manner consistent with current exotic vegetation treatment practices while reducim-, darriaoc to non-target species. to the maximum extent practicable. Exotic and invasive plant species removal shall be by hand clearim, and "kill in place­ methods only. Large individual non-native trees (greater than 4"clbli) ma% be. poisoned in place. Cut stumps xvill be treated with an approved herbicide containing a Visual tracer dye. All use ol -herbicides shall be applied by a licensed herhicidc applicator in Compliance with all labc1i.no requirements. THIS right of entry shall mllornaiicahN expire sixi", (60) days after its execution. AI)DITI ON ALL)", the rights and interest granted hereunder are conditioned upon tile reasonabic, exercise thereof bv Grantee. Grantee further aurees that it shall. at the Grantee's cost, repair any surface daniage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By:._ Deputy Clerk FRED W. COYLE, Chairman Packet Page -2449- Approved as to forn-i and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — County Property C11'.IO- ENS - 00432140 Packet Page -2450- AOW AOMK Ec(po of Aftnpro ve Aroa Aroporty B")dary Liv Exhibit A Packet Page -2451- ci — RIGHT OF ENTRY KNOW ALL MEN BY T14F.,SE PRESENTS that COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East'. Naples.. Florida ' )4112, hereinafter known as -Grantor", for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the CONSERVANCY OF SOUTHWEST FLORIDA, INC., whose post office address is 1450 Merrihue Drive, Naples, Florida 34102, hereinafter known as "Grantee-, the temporary license and right to enter upon the lands of the Grantor, as described in Exhibit "A", attached hereto (the "County property"), which is made a part hereof, to perform data collection and monitoring of the mangrove forest on the County property. THIS right of entry shall automatically expire sixty (60) days after its execution. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee further agrees that it shall, at the Grantee's cost, repair any surface damage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this _ day of .201-1. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA MM , Deputy Clerk Approved as to fonn and Legal sufficiency: 1'0`.A �-- Heidi Ashton-Cicko Manaainc, Assistant County Attorney Attachment: Exhibit A — County Property Cll d O-ENS-00412'-35 Packet Page -2452- FRED W. COYLE, Chain-nan N W- T ML- O Exhibit A ZI '7 Packet Page -2453- !tars, AshtonHeil& Subject: FW: Right of Entry From: Rachael Loukonen [mailto:RLoukonen @ gfpac.com] Sent: Tuesday, August 21, 2012 4 :17 PM To: AshtonHeidi; Tom Mullin; LorenzWilliam Cc: LenbergerSteve Subject: RE: Right of Entry Heidi, This email confirms that the Conservancy accepts and is agreeable to the County issuing a right of entry to Barefoot for Barefoot to perform exotic removal. The Conservancy also accepts and is agreeable to the executive summary and right of entry for the Conservancy to perform monitoring and data collection. Rachael S. Loukonen I Board Certified Business Litigation Attorney (237) 514 -1000 GRANT 'rantFrldkInFearson,P .._.,. FRIDKIN rz. J5::1 Rioae {.wooc Dn. _. Suite 5fi i rlapt 1ilu PEAR §6 E'+l TO t22u+ 51 10 00 I Fax ;239! 5 C 7.'1:' rIou,konenn _ofpac. corn f p i .curt! The preceding email message may have information that is confidential. may be protected by the attorney/client or other applicable privileges, and may constitute nonpublic information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, forwarding, or copying of this communication is prohibited. If you have received this communication in error, please notity the sender immediately by email or by calling (239) 514 -1000 and delete the original message. Thank you. 1 Packet Page -2454-