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Agenda 09/13/2011 Item #16E12/"� 9/13/2011 item 16.E. 12. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign, an Interlocal Agreement with the Florida Fish and Wildlife Conservation Commission and an Interlocal Agreement with Corkscrew Regional Ecosystem Watershed Land and Water Trust in order to facilitate managed public hunting at Caracara Prairie Preserve. OBJECTIVE: To execute an Interlocal Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) , and an Interlocal Agreement with Corkscrew Regional Ecosystem Watershed (CREW) Land and Water Trust in order to facilitate managed public hunting at Caracara Prairie Preserve. CONSDRERATIONS: Action Plan Item 3a within the Caracara Prairie Preserve Interim Management Plan, approved by the Board of County Commissioners on September 23, 2008 (Agenda Item 16E2), states that Collier County will "creat an agreement with [FWC] for hunting activities on the property." FWC administers and regulates public hunting within the Corkscrew Marsh Unit of the CREW Wildlife and Environmental Area (WEA) adjacent to Caracara Prairie Preserve. When executed, the attached FWC Interlocal Agreement will incorporate the 368 acre Caracara Prairie Preserve into the 7,200 acre Corkscrew Marsh Unit of the CREW WEA for the purpose of recreational hunting. FWC will then be responsible for administering and regulating hunting within the Caracara Prairie Preserve. FWC's standard template agreement was used. The term of the Agreement is for a period of five (5) years and may be extended for five (5) additional terms, with each term totaling five (5) years. Either party shall have the right to terminate upon sixty (60) days written notice. However, if such notice is given after February 15, the termination date shall be April 30 of the following calendar year. The Caracara Prairie Preserve is owned by the Collier County Board of County Commissioners and CREW Land and Water Trust. The attached Interlocal Agreement between Collier County and CREW Land and Water Trust relieves CREW Land and Water Trust of all management responsibility within the Caracara Prairie Preserve and gives Collier County the authority to incorporate CREW Land and Water Trust's 5.6% portion of the Caracara Prairie Preserve into the Corkscrew Marsh Unit of the CREW WEA. FISCAL IMPACT: There is no fiscal impact associated with this item. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -JBW GROWTH MANAGEMENT IMPACT: This item supports Goal 1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan„ which states that "the County shall continue to plan for the appropriate use of its natural resources." RECOMMENDATIQN: That the Board of County Commissioners approves, and authorizes the Chairman to sign, an Interlocal Agreement with the FWC and an Interlocal Agreement with CREW Land and Water Trust in order to facilitate managed public hunting at Caracara Prairie Preserve. Prepared By: Melissa Hennig, Principal Environmental Specialist, Department of Facilities Management Attachments: 1. FWC Interlocal Agreement 2. CREW Land and,Water Trust Interlocal Agreement Packet Page -2699- N -n 9/13/2011 Item 1,6.E.12. Corkscrew Marsh Unit of the CREvv vvch 0 1 2 Miles x W+ E Dale Source: 2009 AedWs & Parcek- Callor Caurdy PropwtyAppraiser G:tCorrservadon Colum UmpoVkcWk ed prapwontswmae _Camcara Pr" Preserve S - CREW WEA.jpg and rmrd Date: Aug. 17, 2011 Packet Page-2700- Legend --- Roads CREW WEA Popper Ranch Caracara Prairie Preserve 9/13/2011 Item 16E.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.12. Item'summary: Recommendation to approve, and authorize the Chairman to sign, an Interlocal Agreement with the Florida fish and Wildlife Conservation Commission and an Interlocal Agreement with Corkscrew Regional Ecosystem Watershed Land and Water Trust in order to facilitate managed public hunting at Caracara Prairie Preserve. Meeting Date: 9/13/2011 Prepared By Name: HennigMelissa Title: Environmental Specialist, Principal,Facilities Management 8/26/20118:10:14 AM Submitted by Title: Environmental Specialist; Principal,Facilities Management Name: HennigMelissa 8/26/2011 8:10:16 AM Approved By _ Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 8/26/2011 10:25:48 AM Name: SmithKristen Title: Administrative Secretary,Risk Management Date: 8/30/20118:13:52 AM Name: WalkerJeff Title: Director - Risk Management,Risk Management Date: 8/30/20112:54:26 P1vI Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 8/30/20114:40:26 PM Packet Page -2701- n Name: PriceLen Title: Administrator - Administrative Services, Date: 8/31/2011 12:18:28 PM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Date: 8/31/2011 1:15:56 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/1/20112:03:01 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 9/2/2011 12:23:03 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 9/2/2011 2:16:12 PM Packet Page -2702- 9/13/2011 Item 16.E.12. 9/13/2011 Item 16.E.12. FWC Contract No. 11071 COOPERATIVE INTERLOCAL AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION This Agreement is entered into on , 20_, between the Collier County Board of County Commissioners (COUNTY) and the Florida Fish and Wildlife Conservation Commission (COMMISSION). WITNESSETH THAT: WHEREAS, the COUNTY is a political subdivision created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the COUNTY, its successors and assigns, hold title to an undivided ninety - four point four (94.4 %) percent interest to 367.7 acres of land, known as the Caracara Prairie Preserve, and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated (TRUST) holds title to an undivided five point six (5.6 %) percent interest to the Caracara Prairie Preserve; and WHEREAS, the COMMISSION is the state entity responsible for protecting and managing Florida's wildlife and aquatic life; and WHEREAS, this Agreement is authorized by Chapter 163, Florida Statutes which allows the parties to make the most efficient use of their governmental powers; and WHEREAS, any land management activities implemented for the natural communities identified at the Caracara Prairie Preserve will be the responsibility of the COUNTY, as set forth in the Interlocal Agreement between the COUNTY and the TRUST (Exhibit "A "); and WHEREAS, the COUNTY desires to provide recreational opportunities, including opportunities for hunting, to the public on Caracara Prairie Preserve; and WHEREAS, the COUNTY deems it necessary, appropriate, and in the public interest to authorize the COMMISSION to incorporate the Caracara Prairie Preserve into the Corkscrew Marsh Unit of the Corkscrew Regional Ecosystem Watershed Wildlife and Environmental Area (CREW WEA), in accordance with the provisions of Chapter 68A, Florida Administrative Code; and WHEREAS, the COMMISSION currently manages the Corkscrew Marsh Unit of the CREW WEA for the purpose of recreational hunting; and Packet Page -2703- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 WHEREAS, the COMMISSION will publish and distribute a pamphlet, attached hereto as Exhibit `B ", setting forth the regulations and dates on which hunting will be allowed at the CREW WEA, as well as a map of the area; and NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the COUNTY agrees to allow the COMMISSION to manage the Caracara Prairie Preserve subject to the following terms and conditions: 1. DESCRIPTION OF PREMISES: The Caracara Prairie Preserve subject to this Agreement is situated in the County of Collier, State of Florida and is described in Exhibit "C" attached hereto. 2. TERM: The term of this Agreement shall be for a period of five (5) years from the date of execution, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for five (5) additional terms, with each term totaling five (5) years, based upon conditions outlined in Section 19 entitled "Expiration of the Term." 3. PURPOSE: The COMMISSION shall manage the Caracara Prairie Preserve only for the conservation and protection of natural and historical resources and resource based public outdoor recreation which is compatible with the conservation and protection of these public lands, as set forth in Collier County Ordinance No. 2007 -65 (Exhibit "D "), along with other authorized uses necessary for the accomplishment of this purpose as designated in the n Habitat Management Plan approved by the COUNTY. 4. QUIET ENJOYMENT AND RIGHT OF USE: The COMMISSION shall have the right of ingress and egress to, from and upon the Caracara Prairie Preserve for all purposes necessary to the full quiet enjoyment by said COMMISSION of the rights conveyed herein. 5. CONSIDERATIONS: The COMMISSION shall be responsible for all administrative and managerial duties related to public use (i.e., passage of regulation changes, annual publication of area brochure, bag limits) during the periods of allowed hunting. The COMMISSION shall provide law enforcement patrol periodically throughout the year. 6. AUTHORIZED USES: Authorized uses for the purposes of this Agreement shall be defined as those management activities that the COMMISSION is authorized to perform under this Agreement and the approved Habitat Management Plan. The authorized uses shall be consistent with statutory requirements that the Caracara Prairie Preserve be managed and maintained in an environmentally acceptable manner to restore and protect its natural state and condition, including pennitting of compatible recreational use. The authorized uses shall at minimum, always include essential site management measures including security, policing, resource protection, public access and recreational use, and habitat management. 7. UNAUTHORIZED USES: The COMMISSION shall, through their agents and employees, prevent the unauthorized use of the Caracara Prairie Preserve or any use thereof not in conformance with this Agreement. 2 Packet Page -2704- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 S. INSURANCE REQUIREMENTS: The COUNTY shall be responsible for any improvements or structures located on the Caracara Prairie Preserve. This protection shall be afforded through the purchase of a Real and Personal Property Insurance Policy or through Self Insurance, as the COUNTY deems appropriate. 9. PLACEMENT AND REMOVAL OF IMPROVEMENTS: The COMMISSION shall obtain prior written approval from the COUNTY before constructing or locating any structures on the Caracara Prairie Preserve. No structure shall be constructed or located without prior approval of the COUNTY. No trees shall be removed or major land alterations done without the prior written approval of the COUNTY. All permanent structures shall remain the sole and exclusive property of the COUNTY. Temporary structures constructed or located on the Caracara Prairie Preserve by the COMMISSION shall remain the property of the COMMISSION. Removable equipment and removable improvements placed on the Caracara Prairie Preserve by the COMMISSION which do not become a permanent part of the Caracara Prairie Preserve will remain the property of the COMMISSION, and may be removed by the COMMISIION upon termination of this Agreement. 10. ARCHAEOLOGICAL AND HISTORICAL SITES: Execution of this Agreement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on the Caracara Prairie Preserve is prohibited unless prior authorization has been obtained from the Department of the State, Division of Historical Resources. The Habitat Management Plan shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the Caracara Prairie Preserve. The COUNTY will notify the Division of Historical Resources immediately if evidence is found to suggest that any archaeological or historic resources may exist. 11. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of the COUNTY. Any easement not approved in writing by the COUNTY shall be void and without legal effect. 12. SUBLEASES: This Agreement is for the purpose specified herein and subleases of any nature are prohibited, without the prior written approval of the COUNTY. Any sublease not approved in writing by the COUNTY shall be void and without legal effect. 13. SURRENDER OF PREMISES: Upon termination or expiration of this Agreement, the COMMISSION shall surrender the Caracara Prairie Preserve to the COUNTY. In the event no further use of the Caracara Prairie Preserve or any part thereof is needed, written notification shall be made to the COUNTY at least one (1) year prior to the release of all of any part of the Caracara Prairie Preserve. Notification shall include a legal description of the Caracara Prairie Preserve being released under this Agreement, parcel number(s), and an explanation of the release. The release shall be valid only if approved by the COUNTY through execution of a Release of Agreement instrument with the same formality as this Agreement. Upon release of all or any part of the Caracara Prairie Preserve or upon 3 Packet Page -2705- 9/13/2011 Item 16. E.12. FWC Contract No. 11071 AOOIN expiration or termination of this Agreement, all improvements, including both physical structures and modifications to the Caracara Prairie Preserve, shall become the property of the COUNTY, unless the COUNTY gives written notice to the COMMISSION to remove any or all such improvements at the expense of the COMMISSION. The decision to retain any improvements upon termination of this Agreement shall be at the COUNTY's discretion. Prior to surrender of all or any part of the Caracara Prairie Preserve, a representative of the COUNTY and the COMMISSION shall perform an on -site inspection of the Caracara Prairie Preserve and the keys to any buildings or gates shall be turned over to them. 14. PERMITS: The COUNTY shall be responsible for securing all local, State and Federal pen-nits required for management actions under this agreement. 15. TRIPLICATE ORIGINALS: The Agreement is executed in triplicate originals, each of which shall be considered an original for all purposes. 16. ASSIGNMENT: This Agreement shall not be assigned in whole or in part without the prior written approval of the COUNTY. Any assignment made either in whole or in part without the prior written consent of the COUNTY shall be void and without legal effect. 17. DEFAULT BY THE COMMISSION AND TERMINATION BY THE COUNTY: The COUNTY may terminate this Agreement if the COMMISSION proceeds in a manner that violates the terns of this Agreement. Agreement violations shall include the following: A. Construction of permanent structures or other improvements by the the COMMISSION not authorized by the COUNTY, either directly or indirectly through the approval of the Habitat Management Plan, or B. Violation of Federal, State, or local laws, rules, regulations, or ordinances by the COMMISSION, or C. COMMISSION's failure to comply with the other terms of this Agreement. If the COUNTY, in their sole opinion, find that the COMMISSION has committed a violation of the Agreement, the COUNTY will notify the COMMISSION in writing as to the nature of the violation and shall direct the COMMISSION on how it should proceed to remedy, resolve, or rectify the Agreement violation. The COMMISSION will have sixty (60) days from the receipt of the violation notification in which to perform the following: A. Proceed in a manner or provide a schedule for the prompt implementation of the COUNTY's corrective action. B. Advise the COUNTY how the COMMISSION will implement their own corrective action, including a schedule for completion, provided it will address the Agreement violation. If the COMMISSION fails to respond to the COUNTY's notification regarding an Agreement violation or fails to implement corrective action, the COMMISSION will be 0 Packet Page -2706- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 in default of this Agreement and the COUNTY may, at their sole option, terminate this Agreement and recover from the COMMISSION all damages the COUNTY may incur by reason of the default, including, but not limited to, the cost of recovering the Caracara Prairie Preserve or maintain this Agreement in full force and effect and exercise all rights and remedies herein conferred upon the COUNTY. 18. NO WAIVER DEFAULT: The failure of the COUNTY to insist in any one or more instances upon strict performance of any one or more of the terms and conditions of this Agreement shall not be construed as a waiver of such terms and conditions, but the same shall continue in full force and effect, and no waiver of the COUNTY's any one of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by the COUNTY. 19. EXPIRATION OF THE TERM: In anticipation of the Agreement's expiration, the COMMISSION will notify the COUNTY in writing, twelve (12) months in advance of expiration, of its desire to either extend the tern an additional five (5) years, or to allow it to lapse. If the COMMISSION desires to extend the term of the Agreement for an additional five (5) years, a draft scope of services for the proposed extended term shall be submitted to the COUNTY for its review and consideration of approval. The COUNTY shall notify the COMMISSION in writing of any approved Agreement extension and the new term shall commence beginning on the date of notification that the Agreement will be extended. If the COMMISSION fails to notify the COUNTY in writing, twelve (12) months in advance of expiration, of its desire to either extend the tern an additional five (5) years, or to allow it to lapse, it will be deemed that all parties have found an Agreement extension to be acceptable and the new tern shall commence on the expiration date of the current term. If the COUNTY fails to notify the COMMISSION in writing of any approved Agreement extension, it will be deemed that the COUNTY has found the approved Agreement extension to be acceptable and the new term shall commence on the expiration date of the current term. 20. TERMINATION: Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other parties. However, if such notice is given after February 15, the termination date shall be April 30 of the following calendar year. 21. CONDITIONS AND COVENANTS: All of the provisions of this Agreement shall be deemed covenants running with the Caracara Prairie Preserve, and construed to be "conditions" as well as "covenants" as through the words specifically expressing or imparting covenants were used in each separate provision. 22. HUNTING: Hunting shall be approved and regulated through the COMMISSION. No hunting shall be allowed on the Caracara Prairie Preserve prior to the effective date of this Agreement. The Caracara Prairie Preserve shall be incorporated into the existing Corkscrew Marsh Unit of the CREW WEA. All hunting regulations, monitoring, and enforcement activities associated with the Corkscrew Marsh Unit of the CREW WEA shall also apply to the Caracara Prairie Preserve. Packet Page -2707- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 /01*N 23. SIGNAGE: The COUNTY shall post appropriate signage along the fence along the Caracara Prairie Preserve boundaries and in the interior of the Caracara Prairie Preserve to mark and designate trails, parking areas, restrooms, if any, and any prohibited activities for public safety purposes. 24. LIABILITY: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However nothing herein shall constitute a waiver by either party of sovereign immunity or statutory limitations on liability. 25. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement shall be valid unless in writing and lawfully executed by all parties. It is the intention of the COMMISSION and the COUNTY that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding or litigation between and among the parties arising out of or affecting this Agreement unless such waiver or modification is in writing and executed as aforesaid. 26. RELATIONSHIP OF PARTIES: It is understood that an employer - employee relationship does not exist between the COMMISSION and the COUNTY and neither of the parties shall be responsible for providing Workers' Compensation Insurance and withholding services for the other party or its employees. Each of the parties stipulates that they are not aware of any conflict of interest prohibiting them from entering into this Agreement. 27. OTHER AGREEMENTS: This Agreement contains the complete agreement between the COMMISSION and the COUNTY. Each party acknowledges reliance on its own judgment in entering into this Agreement. The COMMISSION and the COUNTY further acknowledge that any representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in their dealings with the other party in entering into this Agreement. 28. PUBLIC RECORDS: The COMMISSION and the COUNTY shall abide by the provisions of Chapter 119, Florida Statutes, allowing public access to all documents, papers, letters, or other material as applicable. 29. BREACH OF COVENANT: In the event that either party shall fail or neglect to perform or observe any covenant contained herein, and such default shall continue for a period of thirty (30) days after receipt of written notice from the offended party to the other, then the offended party may tenninate this Agreement. 30. SEVERABILITY AND CHOICE OF VENUE: This Agreement shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, �. Florida. 31 Packet Page -2708- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 31. PERFORMANCE BY THE COMMISION: The COMMISSION'S obligation to perform under this Agreement is subject to the availability of funds and contingent upon an annual appropriation by the Legislature. 32. GOVERNING LAW: This Agreement shall be governed by and interpreted according to the laws of the State of Florida. 33. SECTION CAPTIONS: Articles, subsections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provisions thereof. 34. BINDING EFFECT: This Agreement will be binding upon and inure to the benefit of the parties hereto, and its personal representatives, successors, and assigns. 35. NOTICES: Any and all notices, requests or other communication hereunder shall be deemed to have been duly given if in writing and if transmitted by hand delivery with receipt therefore, or by registered snail posted prior to the expiration date for such notice, Zn return receipt requested and first class postage prepaid as follows: To the COUNTY: Collier County Board of County Commissioners Conservation Collier Program 3335 Tamiami Trail, East, Suite 101 Naples, FL 34112 239- 252 -2957 To the COMMISSION: Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399 -1600 36. PROHIBITION OF UNAUTHORIZED ALIENS: hi accordance with Executive Order 96 -236, the COMMISSION shall consider the employment by the COUNTY of unauthorized aliens a violation of section 274A(c) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the COUNTY knowingly employs unauthorized aliens. 37. STATE REQUIRED CLAUSES: a. Non - discrimination. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or 7 Packet Page -2709- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 perform work as a supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Public Entity Crimes. In accordance with Section 287.133(2)(a), Florida Statute, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, supplier, subcontractor, consultant or by any other manner under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. d. Legislative appropriation. For contracts whose tenn extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 38. EMPLOYMENT ELIGIBILITY VERIFICATION: The COUNTY shall enroll in and use the U.S. Department of Homeland Security's E- Verify Employment Eligibility Verification System (htip: / /w�vw.useis.(-,ov /portal /site /uscis) to verify the employment eligibility of all persons employed by the COUNTY during the term of this Agreement to perform employment duties within Florida and all persons (including subcontractors) assigned by the COUNTY to perform work. pursuant to this Contract. The COUNTY shall include this provision in all subcontracts it enters into for the performance of work under this Agreement. 110� The COUNTY further agrees to maintain records of its participation and compliance with the provisions of the E- Verify program, including participation by its subcontractors as provided above, and to make such records available to the COMMISSION or other authorized state entity consistent with the terns of the COUNTY's enrollment in the program. This includes maintaining a copy of proof of the COUNTY's and subcontractors' enrollment in the E -Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E- Verify employer's homepage). Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the COMMISSION may treat as failure to comply as a material breach of the Agreement. 39. ENTIRE AGREEMENT; AMENDMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. This Agreement may be amended by mutual written agreement of the parties. 8 Packet Page -2710- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to be executed through their duly authorized signatories on the day and year last below written. Each party is signing this agreement on the date stated below that party's signature. The latest date of signing shall be inserted in the first sentence of the first page and shall be t" n deemed the effective date of this Agreement. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Eric Sutton, Division Director Division of Habitat and Species Conservation. Date: Approved as to form and legality: Commission Attorney STATE OF FLORIDA COT-TNTY OF LEON ATTEST: BOARD OF COU!,.-F, Y. COMMISSIONERS OF DWIGHT E. FROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Fred W. Coyle, CHAIRMAN Approved as to form and legal sufficiency: JennlT'er B. White Assistant County Attorney 9 Packet Page -2711- 110� 9/13/2011 Item 16.E.12. FWC Contract No. 11071 'EXHIBIT "A79 INTERLOCAL AGREEMENT BETXVF�EN COLLIER COUNTVAND COI KS,CREW REICIONAL ECOSYSTEM WATERSI IED LAND ANI) WATER TRUST CAR-4CA.RA PRAIRIE PR,P'SJ,,RVE J-his Agreeni-znt is =terxd Upon ]'is -,- dtay of 2(fl 1, by COL,Lll-,',R COUNTY. a pr ol'thu State of Floride-its suemssorsaild assigns (herc-11naker re(brrt:-d w ..is -COUNTY"). whose address is 1299 "Farniami Trail East, Napl,es, 1, 1' 34[12. MMI CORKSCREM REGIONAL VXOSYSTEM WATERSHED E-tNI) eILND WATER TRUST, INCORP'GRAT ED, a Florida roan - profit corporatiun, (hcreinafter rderved #�o as -TRVST').u1vuse address is 2'948. Corkscrrm,, Road, 1--s"Urra. FL � 39-M V'1]7's ESISETH W31EIZEAS, 1tv COUNT)' owns an tindividwd poin� four (914,4%,) percent intere,s: ufCaracara Pvai,eiv Prusuvc sim-ated ira (".ol[ Ju County, Flori'dj. &ad rn.m ,�pecifil,culiv u;escribc,l M& [",N1-,.ibjt --A- attached fier--to an h,-urein by reference and MJ-1 ; ;R EAS. ihc TRUSI own,,'i ar, undivided poiril six p--rccw intcrest of:hi� Pru-pertv: and I ­ WIIETU--"A',; thic is requ,""' rid to tna-ww�., tzie P.Mperiv 10 :v-rpv1"111 v' as .s el tc,i -Ii ;r; Collier ('ount,,- Clr�-`Inamx No.0-2-61, L,,,,, gci,,,�d ai'lo, C(-')tJNTV 10�iiki I'Vt 1 , (I � Y� 1,5 1 M., "1 11,' 0' Ic ; Me UJ- 'I' 1V W'.X I L t'1`.: 13 Trzmv hcr 11,12 S of [T1.111MUCM121., 41, r �r c �n, 1� fl, o f rl �.m I �u, n 1"a T RI. 1�vlth ouw., 11t rhe `11CTS M orj'z o implL111IL-111 n4inagoawM acflvil'L: outlincd i.'n t'-]-- Cur;t�ru PTa:irlit- Pr"c-iniv, 1-1-a'amal Mn11aL'-LnntM1, Plan'. trnts tvrriri conia.inzed ral'i wilh ffic land and SIKIll MUM to th)2 b�"T`Wfit of and Fhat i1l die t behittaing upon the partW�s hcrtwto, and their mspecrive exccutors, adminjstrator,, mini rj rep.-esentati N'� S, successo rs, , M m wisi -,n � j -, S 4, Tbal Cltf:'Vv' hw,, nt) 11av-dity or for t',je tn [je p ,, L cmcnt of L J M ril-MrlY . Tix CREW vvill ncu - I L- . i in any waY 1rom 1hc n-DT 45SU32 10' t2i1i, reip mslbliit-a for I`Iindiug ref; naumc-ni, of th Fr 10 Packet Page -2712- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 IN WITNESS WHEREOF. the COUNTY has hereunto set its unauthorized hand and sea! as of this date and year first above written. ATTEST: DWIGHT E. BROCK. CLERK . DEPUTY CLERK Approval for form and legal Sufficicncy: . J - c I nnif-�-B. Assistant Count' Attornev ,%S TO CREV'N": V\' i i'Nl-t nt'-o an1 ;2 Print -- -j Namei Ste'phen A. \Valker, Esq. A,,)P-.o-,-ed as to i'Orm and legal suffiCiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA 13y: FRED W. COYLE. CHAIRMAN rl'(,)ll KSCW--AV RE'G!0NAL E C 0 S Y ST I'M W."TERSHE'D TLAND AND 1, i ld a nonpro 1 1, 11 Packet Page -2713- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 FAA-1,1401 FR.,0Pl,',RTYTA,X IDENTIFICATION NUMBER; 0-00-530000,6 LEGAL DESCRIPTIDN: WEST HALF (lsk,'1,121 OF SECTION 30, TO'%V'_'.N__qlJlJ' 46 SfAl"TH, KAN,"GF EST. OF COLLIER COU-NTY, FTORIDA ME PEWPERTY T.N.X IDENTIFICATION NUMBE",R: rA053G9()2rTi? LEG ,40, 1 ESCRIP-11ON: ITNVI�'ST QUAKTI R OF ORTIJEAST QU"ARTER CN' El 4'i OF S-F, OF COLLIER RA!l,'('F "S I A-, 12 Packet Page -2714- w V cc CD Q C O C O C W S= f6 tU EXHIBIT "B" CL to R all Q C R R E t/J C O ca 7 to Nd I.L N O N O M d C ei O N rl 9. O This brochure is designed to provide the public with information and a summary of regulations pertaining to hunting and other recreational use on the CREW Wildlife and Environmental Area. Regulations that are new or differ substantially from last year are shown in bold print. Area users should familiarize themselves with all regulations. For exact wording of the wildlife laws and regulations, see the Florida Fish and Wildlife Conservation Commission's wildlife code, on file with the Secretary of State and state libraries. This brochure, the Florida Hunting Regulations handbook and quota penuit w =ork-sheets should provide the information necessary for you to plan your hunting activities. These publications are available from any Commission office, county tax collector and at MNFWC.coin. Persons using wildlife and environmental areas are required to have appropriate licenses, permits and stamps. The following persons arc exempt from all license and permit requirements (except for quota permits when listed as "no exemptions," recreational use permits. antlerless deer permits and the Migratory Bird Hunting and Conservation Stamp [federal duck stanmp]): Florida residents mvho are 65 years of age or older; residents who possess a Florida Resident Disabled Person Hunting and Fishing Certificate: residents in the U.S. Armed Forces. not stationed in Florida. while home on leave ['or 30 days or less, upon submission of orders: and children under 16 years of age. Children under 16 Years of age are exempt from the federal duck stamp. Anyone bona on or after June 1. 1975 and 16 years of age or older rust have passed a Commission- approved hunter - safety course prior to being issued a hunting license, except the Hunter Safety Mentoring exemption allows anyone to purchase a hunting license and hunt under the supervision of a licensed hunter, 21 years of age or older, for one year. Licenses and pertnits may be purchased from county tax collectors. license agents, at MYFWC.com %license or by telephone aI 1- 888486 -8356. A no- cost Migratory Bird Permit is available when purchasing a hunting license. Any waterfowl hunter 16 years of age or older must possess a federal duck stamp; available where hunting licenses are sold, at most post offices or at duckstamp.com. QUOTA PERMIT INFORNIVrION: Archery - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand /western Bird Rookery Swamp Units), no -cost, quota pennits (no exemptions). Muzzleloadina Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird Rookery Swamp Units), no -cost, quota permits (no exemptions). General Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird Rookery Swamp Units), nc cost. quota permits (no exemptions). Wiring Turkey - 5 (Corkscrew Marsh Unit), 5 (Flint Pen Strandiwestem Bird Rookery Swamp Units). no -cost, quota permits (no exemptions) for each of 2 hunts. 13 9/13/2011 Item 16.E.12. FWC Contract No. 11071 C O v R CL v .3 U 3 a am 0 0 U Q Permit applications: Hunters must submit electronic applications for quota and special- opportunity permits through the Commission's Total Licensing System (TLS). Workshects listing hunts, application periods, deadlines and instructions are available at county tax collector's offices, FWC offices or MvFWC.com. Quota application periods occur throughout the year beginning April 1: please refer to the hunting handbook or MYFWC.corn for specific dates. Workshects will be available about 2 weeks prior to each application period. Guest hunters: For each non - transferable archery, nutzzleloading gun, general gun, wild hog, spring turkey and mobility - impaired quota permit issued through the Commission's TLS, oniv one truest permit nmv be obtained. The following persons may be a guest hunter. but are not required to obtain a guest permit: a youth under 16 years of age, a youth supervisor, a mentor license holder or a mentor license supervisor. A quota permit holder (host) may oil])- bring I guest hunter at a time. The following persons are not considered to be guest hunters: other quota permit holders. non- hunters and exempt hunters (on areas and during seasons that allow exemptions). The host must share the bag limit with the guest and the host is responsible for violations that exceed the bag limit. 'file guest and host must enter and exit the area together and must share a street -legal vehicle while hunting on the area. 'file guest may only hunt while the host is on the area. A person is only eligible for one guest pemtit per hunt. Guest permits may only be obtained from license agents or county tax collector`s offices. Guest permits may be obtained up to and during the last day of the hunt. Refer to the quota hunt worksheets for additional information. Youth and mentor license holders: A youth hunter (less than 16 years of age) must be supervised by a person at least 18 years of age. A mentor license holder must be supervised by a licensed hunter at least 21 years of age. Unless exempt. only those supervisors with proper licenses and permits may hunt. If the supervisor is hunting during any hunt (not including special - opportunity) for which quota permits are issued, at least one person in the party must be in possession of a quota permit. luring a hunt that allows exemptions, a non - exempt supervisor of a youth must have a quota permit to hunt. A non - hunting supervisor is allowed to accompany a youth or mentor license holder during any hunt (including special - opportunity). Transfer of permits: Quota and guest permits are not transferable. Except for youth under 16 years of age, a positive form of identification is required when using a non - transferable permit. 'flue sale or purchase of any quota permit or guest permit is prohibited. Packet Page -2715- C .2 V N i D E t4 C G. E O C m O ca o m U_ o O N U_ U v "iiis�pQ z Permit applications: Hunters must submit electronic applications for quota and special- opportunity permits through the Commission's Total Licensing System (TLS). Workshects listing hunts, application periods, deadlines and instructions are available at county tax collector's offices, FWC offices or MvFWC.com. Quota application periods occur throughout the year beginning April 1: please refer to the hunting handbook or MYFWC.corn for specific dates. Workshects will be available about 2 weeks prior to each application period. Guest hunters: For each non - transferable archery, nutzzleloading gun, general gun, wild hog, spring turkey and mobility - impaired quota permit issued through the Commission's TLS, oniv one truest permit nmv be obtained. The following persons may be a guest hunter. but are not required to obtain a guest permit: a youth under 16 years of age, a youth supervisor, a mentor license holder or a mentor license supervisor. A quota permit holder (host) may oil])- bring I guest hunter at a time. The following persons are not considered to be guest hunters: other quota permit holders. non- hunters and exempt hunters (on areas and during seasons that allow exemptions). The host must share the bag limit with the guest and the host is responsible for violations that exceed the bag limit. 'file guest and host must enter and exit the area together and must share a street -legal vehicle while hunting on the area. 'file guest may only hunt while the host is on the area. A person is only eligible for one guest pemtit per hunt. Guest permits may only be obtained from license agents or county tax collector`s offices. Guest permits may be obtained up to and during the last day of the hunt. Refer to the quota hunt worksheets for additional information. Youth and mentor license holders: A youth hunter (less than 16 years of age) must be supervised by a person at least 18 years of age. A mentor license holder must be supervised by a licensed hunter at least 21 years of age. Unless exempt. only those supervisors with proper licenses and permits may hunt. If the supervisor is hunting during any hunt (not including special - opportunity) for which quota permits are issued, at least one person in the party must be in possession of a quota permit. luring a hunt that allows exemptions, a non - exempt supervisor of a youth must have a quota permit to hunt. A non - hunting supervisor is allowed to accompany a youth or mentor license holder during any hunt (including special - opportunity). Transfer of permits: Quota and guest permits are not transferable. Except for youth under 16 years of age, a positive form of identification is required when using a non - transferable permit. 'flue sale or purchase of any quota permit or guest permit is prohibited. Packet Page -2715- GENERAL AREA REGULATIONS: All general laws and regulations relating to wildlife and fish shall apply unless specifically exempted for this area. Hunting or the taking of wildlife or fish on this area shall be allowed only during the open seasons and in accordance with the following regulations: 1. Any person hunting deer or accompanying another person hunting deer shall wear at least 500 square inches of daylight fluorescent -orange material as an outer garment, above the waistline. These provisions are not required when hunting with a bow and arrow during archery season. 2. Taking of spotted fawn, swimming deer or roosted turkey is prohibited. Species legal to hunt are listed under each season. 3. It is illegal to hunt over bait or place any bait or other food for wildlife on this area. 4. Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited. 5. No person shall cut, damage or remove any natural, man-made or cultural resource without written authorization of the landowner or primary land manager. 6. Taking or attempting to take any game with the aid of live decoys, recorded game calls or sounds, set guns, artificial light, net trap, snare, drug or poison is prohibited. Recorded calls and sounds can be used to hunt furbearers, wild hog and crows. 7. The wanton and willful waste of wildlife is prohibited. 8. Hunting, fishing or trapping is prohibited on any portion of the area posted as closed to those activiti es. 9. People, dogs, vehicles and other recreational equipment are prohibited in areas posted as `Closed to Public Access" by FWC administrative action. 10. Taking or herding wildlife from any motorized vehicle, aircraft or boat which is under power is prohibited, until power and movement from that power, has ceased. 11. Most game may be hunted from '/ hour before sunrise until !/ hour after sunset (see exceptions under each season). 12. The release of any animal is prohibited, without written authorization of the landowner or primary land manager. 13. The head and evidence of sex may not be removed from the carcass of any deer or turkey on the area_ 14. The planting or introduction of any non -native plant is prohibited, without written authorization ofthe landowner or primary land manager. 15. Wild hog may not be transported alive. 16. Littering is prohibited. 17. Fires other than campfires at approved campsites are prohibited 18. A Fish and Wildlife Conservation Commission Law Enforcement Officer may search any camp, vehicle or boat in accordance with law. 19. Planting of trees, shrubs or other vegetation is prohibited without written authorization from the landowner or the Commission. PUBLIC ACCESS AND VEHICLES: 1. Open to public access year round from 2 hours bel[oe sunrise until 2 hoes after sunset, unless camping at a designated campsite. All persons shall enter and exit the area at a designated entrance. 3. The use of ATVs, swamp buggies, tracked vehicles, vessels (except carnoes or kayaks) or unlicensed and unregistered motorcycles is prohibited, except swamp buggies may be operated by individuals participating in the hunt 4. Vehicles may be operated only on named or numbered roads designated for vehicles. 5. During archery, muzzleloading gun, general gun and spring turkey seasons and beginning at 8 a.m. the day prior to the opening of each season, vehicles may also be operated on named or numbered trails by individuals participating in the hunt. 6. Parked vehicles may not obstruct a road, gate or frrelane. 7. No motor vehicle shall be operated on any part of any wildlife and environmental area that has been designated as closed to vehicular traffic. 8. The use or possession of horses is prohibited, except by special -use permit from the South Florida Water Management District. No horse permits will be issued during hunting seasons. 14 9/13/2011 Item 16.E.12. FWC Contract No. 11071 HUNTERS AND CHECK STATIONS: 1. Hunting equipment and dogs may be taken onto the WEA after 8 a.m. the day before the opening of a season and shall be removed by 6 p.m. one day after the end ofthe season. 2. Hunters shall enter and exit the area at a designated entrance, except hunters entering or exiting the Corkscrew Marsh Unit shall use Gates 5 or 6. 3. Hunters shall check in and out at a designated check station when entering and exiting the area and check all game taken 4. No deer or turkey shall be dismembered until checked at a check station GUNS: 1. Hunting east of or within 'l -mile of the western North/South Tram Road and south of Bonita Beach Road in the Bird Rookery Swamp Unit is prohibited. 2. Hunting with centerfire or rimfire rifles is prohibited. 3. All firearms shall be securely encased and in a vehicle, vessel, camper or tent, during periods when they are not a legal method of take. Persons in possession of a valid Concealed Weapon or Firearm License may carry concealed handguns. 4. Target practice is prohibited. 5. Hunting with a gun and light is prohibited. 6. Muzzleloading guns used for taking deer must be .40 caliber or larger, if filing a single bullet or be 20 gauge or larger if filing two or more balls. 7. Children under the age of 16 may not be in possession of a firearm unless in the presence of a supervising adult. 8. No person shall have a gun under control while under the influence of alcohol or drugs. 9. For hunting non - migratory game, only shotguns, pistols, bows, crossbows, muzzleloading guns or falconry may be used. Hunting during the spring turkey season with firearms other than shotguns or using a shotsize larger than #2 is prohibited. 10. For hunting migratory game, only shotguns, bow or falconry may be used. Shotguns shall not be larger than 10 gauge and shall be incapable of holding more than three shells in the magazine and chamber combined. 11. Firearms using rimfire or nori- expanding, full metal jacket (military ball) ammunition are prohibited for taking deer. 12. Fully automatic or silencer- equipped firearms, centerfire semi - automatic rifles having a magazine capable of holding more than five rounds, explosive or drug - injecting devices and set guns are prohibited. DOGS: I. Hmmting with dogs is prohibited, except bird dogs or retrievers may be used during general gun and small game seasons. 2. Dogs on leashes may be used for trailing wounded same. 3. For purposes other than hunting, dogs are allowed, but must be kept under physical restraint at all times. CAMPING: 1. Camping is allowed only at designated sites by persons with written authorization from the South Florida Water Management District (239- 657 -2253) or by individuals participating in the hunt. 2. Camping equipment may be taken onto the area after 8 am. the day before the opening of a season and shall be removed by 6 p.m. one day after the end of the season. 3. No persons shall bring building materials onto the area or erect permanent or semi - permanent structures. BAG AND POSSESSION LIMITS: During quota hunts, host hunter and guest must share all bag and possession limits. 1. Deer - Flint Pen Strand / western Bird Rookery Swamp Units: 1 per quota permit 2. Wild hog - No size or bag limit. 3. Turkey - 1 per spring turkey quota permit Daily limit 1, season limit 2. 4. Gray squirrel, quail and rabbit - Daily limit 12, possession limit 24 for each. 5. Raccoon, opossum, armadillo, beaver, coyote, skunk and nutria - No bag limits. 6. Bobcat and otter - Prohibited. 7. Migratory birds - See Migratory Bird Hunting Regulations pamphlet Packet Page -2716- ARCHERY SEASON: August 644. Permit Stamp and License Reouirements - Quota permit hunting license, management area permit, archery permit, deer permit (ifhunting deer) and migratory bird permit (ifhunting migratory birds). Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Regulations Unique to Archery Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with firearms or crossbows (except by disabled crossbow permit) is prohibited, except that centerfire shotguns are allowed for hunting migratory birds when one or more species are legal to hunt (see Migratory Bird section and the current Migratory Bird Hunting Regulations pamphlet). MUZZLELOADING GUN SEASON: September 3 -5. Permit. Stamp and License Requirements - Quota permit, hunting license, management area permit, muzzleloading gun permit, deer permit (if hunting deer) and migratory bird permit (if hunting migratory birds). Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Regulations Uniaue to Muzzleloading Gun Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with archery equipment or firearms, other than muzzleloading guns, is prohibited, except that centerfire shotguns are allowed for hunting migratory birds when one or more species are legal to hunt (see Migratory Bird section and the current Migratory Bird Hunting Regulations Pamphlet). GENERAL GUN SEASON: November 19 -27. Permit, Stamp and License Requirements - Quota permit, hunting license, management area permit, deer permit (ifhunting deer) and migratory bird permit (if hunting migratory birds). Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Reguations Unique to General Gun Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. Hunting with bird dogs or retrievers is allowed. 3. Hunting with centerfire or Iimfrre rifles is prohibited. SMALL GAME SEASON: December 3 throlml Jarman, i. Permit, Stamp and License Requirements - Hunting license, management area permit, migratory bird permit (if hunting migratory birds), and state waterfowl permit and federal duck stamp (if hunting waterfowl). Legal to Hunt - Gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Regulations Uniaue to Small Game Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting with bird dogs and retrievers is allowed. 2. Hunting with centerfire and rimfire rifles is prohibited TRAPPING: Prohibited. SPRING TURKEY SEASON: March 3 -6 and 7 -11. Permit, Stamp and License Requirements - Quota permit, hunting license, management area permit and wild turkey permit. Legal to Hunt - Bearded turkey or gobbler. Regulations Uniaue to Spring Turkev Season - In addition to these regulations, all General Area Regulations shall apply. 1. Legal shooting hours are ',,� hour before sunrise until 1 p.m. 2. Hunting other animals is prohibited. 3. Hunting with firearms other than shotguns or using a shot size larder than #2 is prohibited. 15 9/13/2011 Item 16.E.12. FWC Contract No. 11071 MIGRATORY BIRD SEASONS: Rail, common moorhen, mourning dove, white - winged dove, snipe, duck, geese, coot, woodcock and crow may be hunted during seasons established by the Commission for these species that coincide with the archery, muzzleloading gun, general gun or small game seasons. Permit Stamp and License Requirements - Quota permit (if hunting during a quota period), hunting license, management area permit, migratory bird permit, and state waterfowl permit and federal duck stamp (if hunting waterfowl). Legal to Hunt - See Migratory Bird Hunting Regulations pamphlet Regulations Unioue to Migratory Bird Seasons - In addition to these regulations, all General Area Regulations and Migratory Bird Regulations shall apply. I. Hunting duck, geese and coot with lead shot is prohibited. 2. Centerfire shotguns are allowed for hunting during established area seasons when one or more migratory birds are legal to hunt FISHING AND FROGGING: Allowed year round 2 hours before sunrise until 2 hours after sunset. Permit_ Stamn and License Reouirements - Fishing license (not required when frogging). Legal to Take - See Florida Freshwater Fishing Regulations Summary. Regulations Uniaue to Fishine and FroszOne - All General Area Regulations and General Freshwater Fishing Regulations shall apply. Shooting frogs is allowed only during the listed open hunting seasons and only with the legal methods of take during each particular season. GENERAL INFORMATION: 1. Information for persons with disabilities can be found at MvFWC.com /ADA. 2. If you have any questions about this material, please call the Fish and Wildlife Conservation Commission at 561- 625 -5122 (TDD 800 -955- 8771). SOUTH FLORIDA WMD INFORMATION: This land was acquired under the Save Our Rivers (SOR) Program. The purpose of SOR is to conserve and protect unique and irreplaceable lands, restore areas to their original condition as much as possible and allow controlled multiple recreational and educational uses consistent with t ds purpose. COOPERATION REQUESTED: If you see law violators or suspicious activities, contact your nearest Commission regional office or call 1 -888- 904- FR'CC. You may gualifi, for a cash reward from the Mildlife Alert RewardAssociation. The U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, sex or handicap. Ifyou believe that you hm,e been discriminated against in any program, activity or facilioJ as described above, or if you desire further information, please write to: The Of ce for Human Resources, US. Fish and N70ife Service, Departneni of the Interior, Washington, D.C. 20240. The proiect described in this publication is part of a program, funded by federal dollars under the Mildlife Restoration Act. Federal funds pay 20 percent of the cost of the program. When you spot law violators or suspicious activities, contact your nearest Commission regional office or call 1- 888 - 404 -FWCC You may qualify for a cash reward from the Wildlife Alert Reward Association. Packet Page -2717- t'004%, 9/13/2011 Item 16.E.12. FWC Contract No. 11071 FF- M CARACARA PRAIRIE PRESERVE Ew jv ON rd Colin* Line Rd rill 7— 1. ... . ....... FF- sm moo, 16 Packet Page -2718- CARACARA PRAIRIE PRESERVE sm moo, 16 Packet Page -2718- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 EXHIBIT "C" PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1 /2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1 /4) OF NORTHEAST QUARTER (NE1 /4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. 17 Packet Page -2719- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 4 100� 'k '�ON EXHIBIT "T" (ti° r, ORDINANCE Y0.2007. —4-- �019A AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH ESTARIASTIED THE CONSERVATION COLLIER PROGRAK BY MVINUNG SECTION SIX, CREATION OF TILE CONSERVATION COLLIER ACQU[SIT7FON FUND; SECTION EIGHT! LAND ACQUISITION ADVI-SORY COMNIIME; SECTION TEN: CRITERIA FOR 7: "ALUATIN'G LANDS FOR ACQUISITION AND MANAGENIFN7; SECTION ELENrCN: ACQUISITION LIST; SECTION TWELVE. NOMINATION OF ACQUISITION PROPOSALS AND CANDIDATE SITES, SECTION I'IUR*rvF-N,: PROCEDURE FOR StLECTIONi OF ACQUISITION PROPOSALS FOR MACEMENT ON THP A(M%,'E ACQUISITION LIST AND SUBSYQUENT PURCIIASK PROCEDURE-S; SECTION FOURTEEN: MANAGEMENT PLANS AND USE OF ENW-TRONMENTALLV SENSITIVE LANDS; SECTION F[FT'LLN: RESPONSIBILITIES OF THE COUNn MANAGER; PROVIDING FOR CONFLICT AND SEVERAL ILITY; PROVII)INC FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EPFECTINM DATE. Itk'HEREAS, Colli:= Courtly has studied w6ous nicthodc for ihc acquZ,,%i.,jL%n 4,,v j' env jimijentatlysengitivc land for con s.'ation, prcsmation and urbwt, green sWc, and WHERFAS, Cother County haws Home Rule Primvrs- cstablish-ci by Itir Florida titaic t'rPislatunc P41SILMI to 1, Yorlda -50awres, Chapter 125 and has dwm)-ATj to cawry or paw min 10 fila cxl--Inl not imxiF imeril wi ib i—mcrall law:, -anj %VHE tl--AS, Cull'ur County dt:AiFV-N to ' viuviJe a mcz}.xilsrn to -.qunaI713 dml ibe itnplernej)u�tion o' the commijillity Character P]an, '111v cornpm ejlsivt Gnjwth Nim-u—ct1wril Kurt. ~which %canullund it uislucan 4)l*c rte -j'L),':Ir;Lntull'! '.ns[E,ve and W11FIll'Ali. can luedn%,, No,;crnb-r ifi4 vlt�;:writc cjfUoIIk;- Ccun,,v m2EIwfiry j Courty w lzvy a 0l 21 mill ad valorrin p,,.qjjty tax fu: z pci-04 atilt w exzz2ed In (Tc-n) ymirs. ak�,qujsiticjll, wend manamnem, lands i4-i Co:litr County far the 4.lfPrC5CW. and fluwm` and WHEM,7AS, Collh--r C-Minty-", KJplificznt natural rt:-wurz,.�;, producti%v -.-Auarics and vvr'Jand&, r,;mxkabJc biodiv,.tsity, and imique subliuni.;:al habitils t-w-jb:)rjr.j,, T-any sNcies of rare and endangmed flora and f4ana mrnt the maxi prmectivn any county's olffi.m and WfIMF-A& it is the nucrt!, of the Bead of Count--, Commissicmem (.if CoHicr County 10 establish Consmadon CG]Iicr to implement tiffs mandate and to supporl its purposes ;o Lj-t! Nll�l, imit ng all uscs of, and all jrAvIsUrtew =mkvs on, such levics to such pur—prks—es. and WHEkLAS, the Collier County Board O Coumy Commissioners rrvogai=s the need for tkw ration of an ud%risory bamTd W advise the County and the public in the implementation of the prograin and the selection or project sites for acquisttjo,; and I 18 Packet Page -2720- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 'WIIERLAS, the Cotlier Cooky Buard of County Conunissjaners, in recognjtion of the fact that the proposed crAironmentally scasiti vc lands arc to be purchased in whole or in part through a special ad valorem assessment, hereby recognize the rights of our citib:ng to have reasonable public acc.cgs and for All Our citizens to FwWkc and t:rtj*y variows outdoor activities in a reasonabl.- and cnvironmentally friendly manner on lands purchased with these funds; and WHEREAS. the Board of County Commissioners will ensure that Conservation Collier is a willing participant program and shalt utilize only methods of vuluntary acquisition, NOW, UIEREFORE, FIF M ORDAINED BY THE BOARD OF COUNTY COMMISStONJ�RS OF COLLIER COUN1'Y, FLORIDA, that: SEC161 ON I - Xxroe: This ordinance shall. be known as Conscrvati4m Collier Implementation Ordinancc, ACTION 2: Objectives- Consm,ation Collier is therefore hereby established to acquire, p=scnrc, restore, and maintain vital and significant threatened natural lands, forest, upland and wetland communilics- located in Collier County, for the benefit of present and future gcncrations. SECTION 3 - FindinLs- L The foregoing recitals are true and correct and incorNraTed herein by rcFcT0m-e, 2. All ad valorem funds generated hereby shah ltc collected by the Collier County Txv CUILCXIUT_ The Countv NUnagcr, or his or her designee. shall at this program in accordance with the procedures and criteria pro6ded for herrin- SECTI () N 4 - Pu ryosr and Intent: I. To acquire, protect and manage rnvimnimcnialiv scrisitivc lands that comain natural upland ex %4 eLland cornmunitics, native plant cammunitics, rare and endungerml frora and fatina, enderni.- qmic5, endangered habitat, a div-:r-sity of specirs, significant maici rcsouices, or tiuLstandinr, acslhelj,- or other natural features, maNimiizing, prttcclion Of COOiCT Courtly's -ArmsE, rti,,ist unique un,3 endangered hobiv-,ts: 2, 7o azquirc, pra= and, manage environmentally sensitive lands that offer the first human racial value, including tquiLalalt Fcnrraphic di.qrNi6om nntural rcsourcc hascd reerczniun, and proiccclon of wat,--r rtscuic-cs, oca) ecologic'J awareness, Md cilhanix"nient of he ac-sairtic sating (if Collier Counly; I To acquire, prOLVIA an,� Manage enVironMerital1v sensifivc land, I - - C 3. s tha seme to re: th County's aquifeT% and protect its vL-,tLan-1s and surfaix -water r--,sL.-urcL-- to the delivery of clean and plentiful waver supplies and provide flood Contrul-, 4. To acquire, protect and manage tniviyannntntally sensitive [ands cuntaining the most biolagical, value, including hiodivcrsity. Listed species hahim, wanettivity, rcstaraflon potential. and mological quality. 5. To pTntcct present conservation lands by acquiring, protecting and managing ad,*ew propertics which, if not acquired, would threaten the ronvironmental integrity of the existing rc-5ourcc, or which., if acquirvj, would enhance and buffer the environmental integrity of the resource, and add to re-sourcc, canocc-fivily; -*0—N 2 L�JljVs -added- wuikwP�v�ttcd. 19 Packet Page -2721- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 6, TO tts't"Tc the natural functions, as necessary, to any impacted and vulnerable habitats 1*01 which would then contribute significantly to fulfilling this program,s goals; 7. To help iMP]emcnt the Objectives and policies of the Collier County Growth NLMaFcMC11t Plan which have been promutgutrd to preserve and protect environnarnmt protection areas designated in the Plart and other natural forest resources, wetlands, endangered species hahitat, and vulnerable rare habitats; S, TO identify Collier County's best and most endangered envirortmenud lands for acquisition, pratecuon and management by evaluating the biological and hydrojo&al charactcrimics and viabUny of the resource, the vulnerability of the resource to degradation or destruction, and the fewsibility of managing the resource to mwntain its natural attributes: 9. To manage acquired en-vironniemafly sensitive lanes with the primary objectives of maintaining and pr=7ving their natural rmurce values, and providing appropriatc natural resource-based recreational and cduc"ottal upportunitics, by eniplolving manageawnt techniques tract are most aPlirupriatc for each native community so that our natural heritage may tar. pTcscTvcJ and appreciated by and for present and feature pric-rations, 10. To have the acquired Sites available, with minimal risk to the enkironnumul integrity of The site, to cdu-.= Collier County's scbool-age populAtion and the genmw public ab, a ut jhc uniqueness and importance of Collier CountY's subtropical ecosv'stcrns and natural communities; 11, To protect natural resources which lie within the boundancs of other conservation Land acquisilion programs, U,-h,.Tc Conservation Collier fitnds, would Izverage significant other maiching sources of funding for other agency acquisition putiecls that would not be avaiLublv without such a local match, or wluich would result in cons-idembt hither funding, rank in t , y ane 1wr progran'), howeve-, CollicT Counn, shall txcludc Municitlalhj- within ilic County [rom any TcqujTcnu:,nt to pn)-6dc mat.c.11ing fuoj ; and, I '-) . To coopermv activ,cly with other azjuis-ilior, const-matictu, and rcsourcc managenitnt progranis, inf,-ludiag, hint not jjmit�d W, such prnf.,rs:ms IS the SULC of Flori&4 Consurvalion and Rccrcatir,ft Lwtds prog.mm, the Lmdl AcquiFition Trust Fund, Florida FoTevur, and Sa%•c our RjWrS -oragurn, whcrc Elie --nupest's M sm'j) prop-M-s arc consi�irnl with true p,,rpu ste_s L f CLFP1,':T'.Uti On CoAit� a:-; suted K rciijabovo. SUCTION �- Definirikyns: Tl t tiolaw in, I u wurds wid wlicti uses in lfjis chapter, shall have the rn--'anings UsCrihed to them in this action; t. '*Acquisition propasal" shall m-.an (0 P&r",160 of Land Vyllic]" hLs-'havc Ncen nominated or rreammended for consm'atiun in accordance with the pmcedurcs pruvidrd for herein, 2. "Acquisition PNject" shall M= (a) parcel(s) of land approved by the Board of County C(1mmi-r,siQnCTS for vanservallan by the county in accordance with pmcedixcs provided for herein. 3. "Authorized Purpuse" means expenditures authorized her in. 4. "N'Oo-PrOf'lt 007ganhtation- shall mean an organization as defined in section 501 of the t "muted States Internal Reycrluc Code, Op=- iing in Collier County, which itactu4cs among its Mmazy goals the conservation of =Urdt MsauTceS Arld the pratection of the rnvironment- 20 Packet Page -2722- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 "1111fier land" shall ==- that land 'hiliI ch is adja=t to publicly-owned environmental land. or privately held land pennanently dedicalcd to conservation, or that land -Afkb is an in- holding within publicly-owned cnvirournenial land, and which, if not acquired, would thrcaicn the environmental integrity of the existing rcsnurcc, or if acquired, would enhance the environmental integrity and connoc-thity at the resource, 6, "Environtnenudly sensitive* land shall mcun that land which contains naturat upland or %vcdand cornmuniLics, native plant communities, rue and endangered flora and fauna, endemic species, endane=d species habitat, a diversity of species, signifivant water resources, or outstanding aembetic or othcr natural features, 7. "Management" shall mean the preservation. enhanccmcnt. restoration, cons:nratinn, monitoring, or maLateruince of The natural resource values of environmentally sensitive lands which have been acquired or approved for management candor Conservation Collier. including provision of appropriate public access, R. "Target Protection Arcas" shall mcan larg or=,; of cn,6ronrncnWly sensitivt land -within which arc located specific sites which generally satisfy lbe initial screening criteria and meet the goals of Conservation Collier. 9, -Natural resource -based rccreaiiort" shall mm all forms of uses which are consistent with the goals of this progTarn, and are compatible with the specific parcel. Such uses, shall inch.u3c, but not he limited to, hikirtu2, nature photography, bird - watching, kayaking, canocitig, swirruning, hunting and fislfing. %FfTJQN 6 - Creation of the (143—nsrrvatior Collier Acguisition Trust Fund, Collier County shall establish the Conservation Colb-cT Acquisition Trust Fund for use in acquiring environmentally scrisiflvc )ands in Collier County. This fund s,11411 receive and jisbune mumcs in azcPTdancc with the pn)% isioms herein. I . "llne Culhur.Azquisifion Trust rune shall rcctive monies from the fo!lo% sing sc,Laer!ti' a 102 murti=i accepted by Collin Couw,) in the fare: o' federal, State, or o0bur gTIMLSI, reiMburscn-1211u, or UPProp-ni ate fns, "'nundation Or privak wants; donations, frii acquisition of znviror.m.-orally` sciriifive lands end PJYM,-r'.IN 1"m Vizi:;d f6j i I I � miOgAticn aci vizr assoc:zicd with such ,"ui si, io- w liv i t%., b- Such addalonal allocations- us may be made by the Boa;J of County Commissioners ftom brne to time for the purposo forth 1wrein- C, All interest generated frorn the sources identifitcd herein VXCepl where meanies rccci%,cd have been otherwise designatcd or restricted, d. Supplementation from the Conscrvation Collier Managemcm Trust Fund, but only with the approval of the Collier County Board of County Commissioners, el Up to Eighiy-five p=cnt of all ad YaJorem revenues collected for Conservation Collier- 11" proceeds of any property acquired with funds from The Conservation Collier Acquisition Trust Fund that is leased or sold by the County, said proceeds, as determincd by the Board of County Con urdssiortrrs, to biz cornntitwd either to the Conservation Ciollicr Acquisitian 4 21 Packet Page -2723- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 Trost Fund or to the Constryation Collier M=gemt= Trust Fund ibr the purposes provided for herein. Any such sate or lease &iWl only be in aucordmwc with the goals of this Program. 91 Prior to acquiring land located within a Municipality's boundmies, approval must first be obtained from the goycrriing body of that Municipality. 2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and scl,repied must fund of the County to be used solely for the authorized purposm set forth herein,. 3. Dishumc-mcrits from the Conscrvation Collie; Acquisition Trust Fund shall be made only for the following autitoriecd purposes: a. Acquisition of properties which have been approved for purchaw by fttk4w4en-a the Anard of County Commissiormis, b. Costs s�wciatcd with e=h acquisition including, but not limited to, appraisals, sLrrvr.N-- criviMOMI—IdLnum—fts nuc coma -ramous real propcn), taxes, docurnrnL-iry sumps and surtax fors, and othcr cmitsuciion costs. el Costs of administering Conservation Collier, including any loans from the, General Fund for lunding S=-up costs until such time as the fund is closed. Administra6on of the program may be ounducwd by County stuff or by contract with a private or not for profit ertlitv Subject to meeting all County and OunscryatiMS. ha ng s FPO _Q[JJgr purc si rulit-in eedwe Adraini=tivc costs shall be limited to the grcatcsl extent passible. dl� To undeftAx and carry oLa studies and analyses of county conservation land needs and ways of meeting those needs. lurtiu-d to no more than St 50,00(),00 Co To squire and dispose of real and personal property or afty interest therein when s r i*Fh aequisiii s neunisaTy or appropriatc to pTotect the natural environmrnt, PTCMIC PUNiC ace at public nN-rcaiianat fazi[ities, prescrve wildlife habiwt micas or provide access to management of acquim iatlds; W WAIULM i-It-27CSIS in Land by means of land rxch nue.,�: 1 Lt. - al d to CDLCr into Ml1CMZ1JVL:'., ZO tl1C =-,qlii�Jtion of !'I-- inter-:�,;� in lsn4e irl;jUdiniz, tl�r. acqui-.utwn af ea&Lr--cntS. N'fc csmws' leasts. andL'-LsCha:1; arrang:;nwn',S. lartd rand. the Oro�,kih Mam:g-cmunt Plan. Tu, cuoptmttv- with oth-- kneal, VLJonal, estate. or, fcdcral, puJillic land acquisition progTams. it; such cases, the Cnunt»` may craten into vontrictual tar athcT ;tgiccmems to ac4ui7z laadsjoint)y or for eventual resale to w1wr public land acquisition pTogratns: in Cullicr Ciaunty h. All lairds wAuired and d'Icd Kilcly its the name of Collier County' shall be managed by Collier Cuunly, wbffrevict located, unless by mutual varticrii agreemuni managcrnmi a.rangcmetits =-J responsibilities are undenaLcn with other local, reounal, state, or fedcrA agrncics, All lands, Jointly acquired with other local, regional, slate, or federal agcncim inclujing Municipalities, shall include, as Part Of the acquisition Ptiocrss, Some mutual written Agreetri--rit regarding d responsibilities of the joint owners for maiTitznanct. i, To borrow money Lhmugh the issuance nt'bonds for the purposes TyTovided hervin, to provide for and secure the r*ymenr lhureofl and to provide for tk rights of The holders thereof. IWV--Iia �xddvd 22 Packet Page -2724- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 i To invest any funds held in reser,,,Ls or sinking funds, or any funds not required far immediate disbursement, in such investments as array be authorized for trust funds under Florida kanaes, Sc.-tion, 215.47 as amended- k, To insure and procure insurance against any loss in connection with any of The trust's operations, including without limitation: a. The repayment of any loans to mortpVc lenders or mortgage loans, b. Any project, e. Any bonds of the County; Insurance may be procured in such amounts and from such insumm, including the Federal Government. as may be deemed ncocssary or desirable by Collier County. I, To engage the services of prir-.ttc consultants *n a contract basis for rundering profmsionat and technical assistance and advice, M. To identify purcels of Land that %,6vuld be appropriate acquisitions. n, To do any and all things necessary or convenient to carry out the purposes on and exercise d)e powers given and granted herein to the full extent of the law. SECTION 7 - Creatian of the Conservation Cullirr Manneement Trust Fy nd: There is hereby crealeA the Conservation Collier Manag=cnt Trust Fund (hereinafter referred to as the Conservation Cullicr Mmapcmcnt Trust Fund) for the preservation, enhancement restoration, conservation and rnaintcriance of environmentally scasifive lands that either have been purchased wilt monies from the Environmentally Scrtsitive Lands Acquisition Trust Fund- tar hair oth--rwL-,c brcn approved for nuutagement. The Finance Director is bcrchy authorized to establish the Conservation Collier Management Trust Fund and to receive and dkbUTSe monics in accordance wiib the provisions of this wtitin. I , The Cbm-Tvafion Collicr rvlarmperncnt TTLLM Fund ,hall i* maintairmd in a separate and se,grevated trust fund of time Counry io uwd saldy for tho authuniz--d pu.-pns::,, "- forth her in, 2. 1-he Co crvwilxi Colii--r la miage.,wmi 1'rus! [-'und --hall rcccivc =,ril-n frogn Lh-, ,,zlllcv-ving scwces- 3, Ad-valomrn uixo coll-,otJ for CurtStrVX.i�=, Ctlfli.-r in ar amount not ki exceed I "UV of the tui,:d L:oli--ctrd in any onc year b. All moru---s a--ccplcd tvy CotlieT County in ffit: form cf ledcral, State, ar otiier gover=cnial grants, allocations, or appropriations. as w-,[[ as fbundalion oi prtivatc grunis and donalions, for nuuiagemcnt of lands acquiTcd mith the Conservaiion Collier Acqukhion Trust Fund or otherwise appruvcd for rnanapc=,ni, C. Add4innal allow -moons as may be made by the Board of County Cummissiourrs as neoessary from time to time for purpuses strictly consistent vdTh thc goals and puiTosts of C"nsen-ation Cotlicr, d. All interest generated from the soured identified Ir-rcin. except -AhcTc niordes reccivcd have been othemise designated or res=wd. 3- DiSbUT-4meftts frum the Conservation Collier Management Trust Fund shall be tnwJc by the Cvuatv NlamgeT or his or- her dcsignce only in acevr1mcc for the authorized purposes forth herein. 10"1.1 co Lr*-flme weer 23 Packet Page -2725- 9/13/2011 Item 16. E.12. FWC Contract No. 11071 SECDON 8 -Land Acquisition Advisery Committee: 1. Creation and Putposc.- The Land Acquisition Advisory Committee is hereby established to assist the Board of County Comm ssioncys in establishing an Active Prnpertics Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier- 2. Appointment and Cumposition: The 1,4nd Acquisition Advisory Committee shall be composed of nine (9) members who arc appointed by and will senr at the pleasure of the Bourd Of County Commissioners in U=TdanCe with Ordinance No. 200145. Membership of the Land Acquisition Advisory Committee shall compTisr broad W balanced repreSenuLtion Of the interests of Collier County citizens, including: a. Envi ronmental and consenation interests in Collier Counly; 11, Agricuhutal and business interests in collier County, Z Educzvtionai interests in CoRicy County, and d. General crAc and c-ifi7en interests from thwaghuut the county. Individual rnembcrs of the Iand Acquisition Advisory Comminee shill have expertise, kna,wledge or interest in ecology, conservation of natural resources, real rs4atc or land acquisition, larvJ appraisal, land manag-emcni, eco-toun-sm, or tnvironmenuil education. A tiontirtec shall submit to the Hoard aU�kAtq written evidcact of Itis or her expertise, knowledge or inicrest in any of the above. The members of this committee should include mpre-sentailves fforn difr-emntaTeaF, ofCoRim County, I. Terms of Office: The initial terms of office of the members shA be %UggcrcJ bctween t#—Isl the individual interests, for balance purposes, and be s,--t as follows, a_ TKrcc t 1 atemibers shall serve 2hrec, () )macanq. b. Three (3) mcmhug shall serve mo t21 yews, C. Three 1 nicn)Fxrs shdi serve one (1) ycax. Thereafter, all appointnitnts, shall he for a term or tzec I) yeLrs. -!'he prorem fo- 711(q 4: app'lintricras and u-mlsofofficv, Shall be ---ovcrn.-,d by (A.11i.r,-Cauntly OR13 �N -, 4. OE-Icc:-s' Quan-rn Mnd RuIcs of [-rklccdutc�- Al its t2lli;fisl oppwtunity, Llir nxznb,-T-!;hIP of thc Corrinline'e- shrill Cleo a cfuu-,%-r:;on and vicc chairp-crson fYvrn wriong tht rnzartbcrs- Of"Ificer-4' itmns hull he f�-La of one 1 1) Nca,,, "Ith cligibiJily fist rVV!UuLiIn. Thc prr-stnze of five 1`5) or morc mejrjL)cri shall consLjjtg.e a quD3-UM Of the Commitlec n--sary to tail: action -ttd ITUIISUct business. The Ccrnmit—= shall, by majority vole of the entire membership, adapt rules of procccluTc J;)r the tranwtion of business. 'fibc 1=4 AuqUiSiLiun Advisory Comminec shall comply, with the applicable requirenicnu of the Florida Sioishinc Law, and 4al keep a w-hUcri rword of meetings. resultnions." findings and dctcTminations in azc.uTd,-nct: With Chapter 132, Rarodd Staiwes. Copies of all Committee minutes, resohnions, rcParts, and exhibits shall be submitted to the Board of Cmwty Commission-crs. Attendanec and Vacancies: Committee member ancndance requirem-MU, including failure, to attend meetings and member Trmoval front office are govemeA by Collier County ordinance No, 2001-55, as zunrnded. 7 24 Packet Page -2726- 9/13/2011 Item 16. E.12. FWC Contract No. 11071 6. Functions, Powtn and Duties of the Land Acquisition Advisory Committee: Tlac Land Acquisition Advisory Committee shall have the following duties and responsibilities: a. The Land Acquisition Advisor, Corrunittec's primary responsibility is, to recommend to the Board of County Commissiomrs an Active Properties Acquisition List with qualified purchase rccomniendatittns consistent with the goals of Conscrvation Collier and pursuant to the policies outlined herein below. b. The Land Acquisition Advisory Committee may, from time to time, recommend to the floard cif County Commissioners proposed expenditures from the Conservation Collier Trust, Funds; addiflorW selection or acquisition policies, procedures, and programs; and other such matters as may be necessary to fulfill the purposes of Consrrvatian Collier. Howrvccr, the petals and primary criteria of Conservation Collier may not be modified except by cauntywidc i-cfer-cridurn vote, C. IU Land Acquisition Advisory Committee shall have no pow= or authority to commit Collier County to any poficius, to incur any financ:W oblitmions or to create any liabifi, gy on the part of the Count%,.. The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not b.- binding upon the County unicss approved or adopted b�, the Board of County Commissionen. d. At sir --h time as them are insufficient uncommiacd funds in the Conservation Collier Acquisition Trust Fund to conclude another acquisition and all acquisition Projects have been closed, the Land Acquisition Advisoty Committee shall reNrt to the County Cnramission that its business is concluded. All remaining Con-wTvation Collicr Acquisition Trust Fund rnorfl,zs shall ti be transfem-d to the Comrvwion Collier Management Trust Fund- 7. Review of the. Lend Acquisition Advisory Crmmin=: Th,- Land Acquisition .Advisor;' Ccnnmillr-, shall be review,-d by the l4uard of Coun-.Y Cammissionen cvcTy low vcan in a-z-virdamcc Nviffi the p-tivisions Ur Nlirc of colhcr ("nuraN. Ordinan:c No- 20"'JI -'155� �s arucndcd SFCTION 9 - Propivrry Fli2ihk for Ac(Iuikition and Matiagetne"t., I POpzllies eligible lo be vorlsideTed fist isvquisilicll and niamigtnle3l' Under CVnWn-LAiVn ?Utdlic,r -Nhall he only cnvir•nmcntatiy SNISLOVC [ands availablIc from willing and -toluman� participants. 2. Acqui.,66ort of propct , shall nort tit corL-araincd bawd un the iinrrn:t&atc availabilky of marta emetll tnonty I Any environmentally scmulive [and no! on the uquisiflon list which is offered for cort,Tyancc or donation to Collies County and is proposed for n�unogcrncnt by Gonscrvation Collier shall lbe evaluated as prnviocd for herein below and may only be acc-epiod and approved for management by the 1�oard of County Cornmissicirwrs. S17CTIONIO Criteria for Evaluating Lands for Acguisition and Marut-gemem E The evaluation of each acquisition proposal ,,halt he based on wislying at least two of the iratial sozrccning criteria below. Qualified sites shall then he fin-thcr prinritizcd by secondary evaluative criteria listed below under motion 2• The initial scrwnin# criteria art: 25 Packet Page -2727- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 3. Land with the, most raze:, unique and endang=d habitats toured in Co it Couatv, 1*0*N order of prcf=nce: tropical hzadwood hammocks, xeric oak scrub, coastal .strand, native ksch, xeric Pine, riverine o* high tuarsh (saline), tidal freshwater marsh, other native habitats, b. Lands offefinge the best hurnan social values, including equimhlc tic get -TO V_ distribution, appropriate actess foT naturat rr%aurcc-based mcreation, and enhancement of the aesthetic setting; of Collier County. C. Lznd which protects the reeds -t water resource values, including aquifer recharge, water quality, wetland dependant species habitat. and flood control. d. Land containing the most biological value, including biodiv--tsity, lisped species habitat, connectivity, restoration pcft=tjaL and ecological quality. C. Land which enhances and/or protects the envimamcrital value of current conservation lands ftough function as a buffer, ecological link. or habitat corridor. f. Any qualiflod land which mects at [cast two of the above criteria, mid has matching funds avaiLabic andfor which Conservation Collier funds availability would leverage a significantly higher funding rank in arvichcr acquisition program. Aziuhoui such �;UA49 f4r.,..., COFLNeR;Miffj r aa' fi —A- fi-wA-bo-o iAu;b;v fff pFojee�s within the the., egffle� 2. Thasc proposed wAuisitiun proposals which are initially quaiificd under the scretming cntans shall be evaluated and ranked by the staff and Land Aequisition Advisory Commitlec using Secondary Ranking Criteria teased on site visit information which confirms or refutes the initial SCrCenin� criteria cvaluatinn, and based on compamdve size (to prefer larger of Similar parcclsX vulncninaity, in dcsutiction (to prcfcr most threatened of qualifiers parcels), twerall resource ecological quality (to Proftr highest quality of similar p3rcc[s) and ibc csiimatcd Imsibilli), and costs of manacent-ont SIto prefer must rnanz>4cablr pzrcclal. 3, The BOW-d tff County herchy shall napi)mvc and inake to pan hereof thx al,iazhwd initial B1 of Tar-cer Pro ecjdcn 'Iieus vothin whixil = luzalcJ --pe-Jific siw:i whizh - 'iy . gzmcmll. satisfy the initial scr=-ning, cri-,rzria and nl,.-.-I the poah (ir Cnn.screa,iort Collicr, Inclusion on this list is not a guaranlc�z spcciiic perm chase' :-%ll Sp-eciffic rrcmo •als'wili be e.V JMIaled and ;rul=ed by siaff and the Land Acquisition Advisrn- C.onitnittcc C, :jr a Of a,-:proval to Llit BqLrd of ("-junty Conimissi,,=,rs. in accordance bvith -,he gnals, policics and procejuics of this Con---rVan-on. Collier implem-e-iltation Ordinance. di.- ULo%�-iny, list is the '.IrSt Target PTOCCtIOND, AfCaS Jd0j7ted for consideration by the Land Acquisition Advisor - Committee. County Staff wid th,:, Board of County Commissioners, -4- All designated Urban lands on the I'LaLue lAnd Usic Map of file Collier Counly Crvwlh NIzinegement Plan with predominantly native vcgoativc covcr, b. All Collier County Natural Rcsourcc Protection Arcws and Scndirtg, Lands, as Shown on The Fulux Land Use Map of the C-oljier Cuunly Gruwth Management Plan.. e. undeveloped lands with predominately native veg -ve cover in, the Northern (joldcn Gate Estates. as shown on the Future Land Uw, Njap ol'the Collier CoLinly Orowth Management Plan. 26 Packet Page -2728- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 d. Tl= Flo• -way and Habitat Stewardship was as deli on the Futurc Land Use Map of the Collier County Growth Marraverrient Plan. 4, The County Manager shall prepare and periodically update for presentation to the %ard of County Commissioneys. a Conservati un Collier Program Martual, developed by sWT and the Land Acquisition AdNisary Committee, which, upon approval by the Board of County Commissioners, shall be used as a guide fur implementing the provisiorus. of this ordinance, and shall also include the initial and secondary criteria listed herein above for evaluating Conservation Collier Acquisition Proposals. Commencement orthc acquisition and trianagement pTognim shall be immediate upon approvW by the Board of County Cammission.-rs, passage of the referendum and appointment of the Land Acquisition Advisory Commiticc, even if the mantled has not been completed, SECTION 11 — AgaWsition List., The overall Conservation Collier Acquisition List shall consist of vh-o specific lists: the Target Protection , Areas List and the Active Acquisition List. The Land Acquisition Advisory Committee and Board of County Commissioners shall approve both in acuordancr with the procedums set forth belmv: L The Tatgz-i Protocdun :Areas. List shall consist of lands representing tire higbes! natumt resource valum such as Nawral Resource Protection Areas), but uencrally not spt—,ific parcels, and is initially uppruvcd by the Board of Cnunty Commissionci-s and updated periodically by the Board of County Commissioners and Land Acquisition Advisory Cummift=. It is established and updated in accurdan= with Comen-ation Collier goals, procedures and criteria, 2, The Active Acquisition List shall consist of criteria - qualified sites that have been selcuted. from Target Protection Areas, as well as cliialified ai�qui!Jtiun propusais submiti-ed EO the Land Acquisitiun Adviyxy Cornmincc by tlic public, all of which have rtxv� ii— --11 ... I—. h,W submititj by f-a p:-tTcr1N1 tvwmc7s. Tbe Active Aca PL51110n, Last. sfiill se-oaratle into thrci�l,(,-'?Ic.atcgci,-i,e.,.,,.A frursuc accuisitivns. B fhold far r2-mnkinr in thQjjp,,t Lxr- IC 1. 211.1 611ILT M art L11,--.FUiTj3 L, c, ry rare sprro j cc t; --e 1"). The A-cnl-- lll i1 be fuilther car tirrl ,_J,j I (higil, riortrv), 2 fmcdium r1rinav".1 and R10%-V pT;QTM j) stuff directign as tai Erinrry f11T 2cami-,i(ion tasks Tht Aclivv ,wquisitiort List siadl be updotcd Peritv-jically azzording 1,�) curISUVA11011 CURitr pocedurcs and cnicria. Siitt acquisiziort proposals that receive -tht highest evaluations pursuant to the Conscr.-anon Collje-r criwria and fur which acquisition is fcasible will he place; on iris list, prendinE 81VI-oval by the Ixid Acquisition Advisury Committee and the Board of County CommisSiftnerls- 3. Once approve J by the Board of County Commissioners, t1w. County shall actively pursue UCqUiSitiDT1 of A-cazcgoa pi-(rj=-ts on Elie Active, Acquisition List- All siw-.,shaEl be pursued on a voluntary -wiffing partitip=7 basis ordy, without the L= or the County's eminent domain FKM,Crs� 4. Projects will only be rcmovcd from the ,Xclivt Acquisition List by successful purchase of the site, approval of the rL--xt succeeding list, withdTa%jl of positive interest 1%v the property whncr, or bye resolution of the Board of County Commissioners, Projem set oved may still be ociasidered at a latcr time, SECTION 12 — Nomination of nequisihan 2rinp2sid- and "rididair sites- L1qd-q1j" _add g± 27 Packet Page -2729- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 1. minations for the. ConsrrvatignLgj 11 Lft.. am miay be made by AP-N-D-Cl WA .—Or MW t,ion. including Cnlli--r Counly, r 4 yai,�Staw or Federal avcnciSc�n�lacfin , mimm staff in %Tifing and pro-vi&g. Mitive identification of the rmarccell ukj Ehrour-h a man ijjo numbgrf-0. StEUT wit) %pL@gjpqu'L tj -_to the own--T in the f ,T interest utter er _aMLQC advising of lk-nomirLation and asking if the cmmar A*.;l to +ubrnil an apnlication for consideration to the jQQnp jOMjjgfl_CoLhcr Program. 2. An myncr D)jp ,3Ui_* , mitialit his or her own Iggperty hr- �dMi 0 an application. I Count 6M.M dirrutc-d by the Land Aeguisitio onarnittzc a_-;king ir w owner wishes to , , 1L&Li_SwnC lqbro( -Uri application AMRMgdM - to-the Cunservation Collier pr(wMp. 4. An #D shall be evidence of a -wiffinvINjim S. Wktil p i. Speai rt"iifs PaIRW'dUffilion WiN be given to "jeh lie wAift.' ;�Wg'4-p 11 --ion Apaw 6m "squisilkM .. RmiF"v SeR4 445-- the Ge"fy' -00unly"100-ignaled gamtse� and Jan&jwncr applications n4mnina-ting prapcnk-s for acquisition may b,-. submitted at any ILme, during or after the fast annual public soficitafiun muming (&-scrihcd txdow'), applications, shall he ZRjjW'U;,? %"" U p bx,rp, , n -evalwaled within the - �rll (In l frme shall be Publicly unnQmnceo. tNy- y-perso i 'It S931P OF Fw_d__-F8A ateftie5� ^• Ail flolytiflm fv'­ I I I­ - _j­ b};' 411"g aft Mpf4"6@*-wi . is do SI&W ttftd 4.. -tkd,,At Aeb. I 4, 6. 'fliere vvitl be un annual public rnwing for the puT�jse of updating tnc Roarcl of Cuunty Czrnm:ssianCTS and the puhik- and fur sudicitinp 'J propasals an I opplictttio ts. The f:rm "Uch MCC'Ling awill zzakx place at the cnd of ffic fl", vew of implementaLion cif Con%cn:jtj,,jn Cad i t�r. 7 " -flit. i4.:"�nttte3t shall L-tdisclmncd in -app�j4: 0 1tS in L carne manner as requijed Of Zunin.,, lapplicant.s In, the (_'Qjliej CoUjilv Land Develop mcnt Codc, 0;1 -M f ierut iippWSM d0e5 4wvo,,uu owamWp . . . . . . . . . . _H#Eqje_y, Ille W WRj_WA4Fd6_, _r .h e"j- 4&ted in toe PfftpeffyAppFui---'-- W44k�t%j WiL� tho- af P. We SECTION 13 - Procedurr-f—or selection of Mui&iflon-prop2sals for rtincement on the Active Alguixifion,List and Subsequent Purchase Procedures: I - Ij.n tmingr ibe_Jkdl -'A-- Those that szfisf�" two 12) out of sie Xtuf the Initial `crccnirie Critcri 5 9d#,A_AJ I be farwardvj to the Land Acquisii itm Advi '�Jw , COMMirlee for a i �i CuMnIcte evalu4- ,Ion 28 Packet Page -2730- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 Upon Op. vol FYC 11M w�ffefjdwn and qktbsequel! v. SOMFA� S6fi9%4. Wfld jehef&-ofinq ... Y to 9 pfa N.Fi�, kv f—,0feWr"ff g iftitill! SGFOeRillg ef4ffl[V 2. Afiff lhe—ffffitr�tW Of "eminemefts; dowvaef and POW*- FMFRiF.&4Od PFSJ "'B40- ERWft lafig kf: jk H jk4 u6i" dhe iRiial its wwtH t84 POSitiVe FespFRAes; ion vrowsajs which do not saljjfr the pjljal sorcening criteria or which saiisfy ailial.-SCTUenine -criteria bug rot qAet:easons Nominated pf;opeFfift 4bta do rtl j v _, not fulfill the purposes of Cimservation Collicr et 6&" the inii'a4 efil %Nril] be tepailed to the Land Acquisition Advisory Corrunim-e and shall not be evaluated further unless at Icast five 151 membm of the Land Acquisition Advisory Corrunint= Vote for a complcic evaluation. 4-3. Proposals which satisfy the initial screening will he further -syplu; -_J:� 0 for presentation ere €frd to the Land Acquisi6ort Adhi-;trry CommItIcc ffA-&Wf tat sevond� review visit, which staff shall .cJ i iiMlf.. th _11- pq ,,2veriv owner. and which may &;Lpd'� me Advisory cammitt"m infaTmation about jq_plircel(sl available in the Cou-n-v's clectrnnic d iatNses and research inh) artv other records rcLamcd by the Qnunly qbqqU Sim: a1h -the J�� igg-etfs' U b obsened and S�n data. gaff shall prqpqre Ott itial Criteria Screening, Renon c ICSR) which will c id -_svW J9 Wong-voi pr"esial: bouMary and location maps for each site, des-criptions of the bialogit:zd and hydrological characteristics, including initial criteria satisfies, a summary of its poWntial for appropriate use, development patential offfic site and ikI.Jaccni Land, an a--,scF-,imcnt of the ranat, cn- nc needs an d costs. the aseNsW and e!rjtnated value, an }' - potentially av:iil,,b1c ma doing fund s. i4 i-qui-ition propusal - Criteria tea. -Otnpletiorl of Lh- 144EX:F�te-*aSer-et �, - a J Acquisi6ou .14 UpOft C� 3 ,RepFf4 05CR, the Un Aklvi�,ory Curnmnee shat) hold a pubtic lwzxj.�p "or can'--uned cuch site, the applicants' zmI'or Lmdo•ncr-,' cnnimmis, :std coninienas !Iraryl the public. A courtcsy- notice shall be providt-J to the awncrs of properties which ary the subj=t of the hearing, ilzbo�ogh failure to notify suiJ owners shall not invalidate th--sr procccdIngs" within th-: CUITgnt accui.-iijon t-:lac Land Azquisition Advisory Cnmminec shall evaluate all quaiificd proposals using t4e—,ett"idary tan4iift arileTia'- as d2c4n= t;q.'i 4 jhe JCSR 4664 Cfi �a SEfeemnE Re •o_ aj�onavkjth, at+J public comments. and th--ir amm cxn 'gn -rits, and then rank- thcVL%qb-.A;,4jt - M _�g,yj_id ilidjurn, w the A. 3 and C r--nkinp cattgorics jq tit a rccorngrmdrdd pffTt9w tFT tha Active Acquisition List at ti" a p&i; ng. Subsequem ;Additional meeting,,; may br, howi, called to complete this task, 6- Gowii) stag SheAl 4A.;44 'A4±6 r6mid '4tisilui skion--'Soff Gefaffli0ft ki-i *-_Lpemej 65dewfie5 8 ed prefla"W" +he* pmposed W Ehe A Lndg-hre 29 Packet Page -2731- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 L4:�efi Samplelie jw-,MIP§ 41ilifil site vi-s"R AOOQ%� genVene -b.pUblie WeEiLgo j,8"4i8f1S to, -a. I Fuve the Ae+ive f4- .mbmi4a! w e--- I . RW'Z -jftO"#M Waik wilb RR!��,Idng- fmds. efai�ei, Es. neeesswy, IST 61 The rccDmmcndcd_& tau board of Counly Commissioners, L%�iti a public meeting. shall vDW on wheUter to approve all or P.'M of the pr►poscd Active Acquisition List. Prauarticsa )@y Ile_ &ddcd but any additional Dr-Q22= MILM tZkbjSAtIO Ly the entire cvalu&tj-.MQpq& Z, County Staff shall n V pm-yerty owtter., and the puWjE fimd a IM To cd fleet ....... Ap ition L' 1 fM& QnY-6"kivas LW may be added ixg k-,-Miii .-quisition 1, "1 "ditional -PFUPVA:e- 6etf4k,-t After approval of the Active Acauisition List, �L Uetvicrs staff will arrange far ipD3.j;als-&-At gie �gory agrcrl&� Tf��cctq and �w- ',VpXa1sgtjaTejm-gived make an �qffcr u) �b !puerile) pursuant to the armroved *,pq vation Collier L -qui%iti[!n _,,5cr- and Ap U4s _ o liv L e (Resolution Sin- 2of Use Dis;Lrict "g-r-nding" isn+9 ate cmViet-t ki_ uddifion.,d Transfer of sti GUjpighi-s (TDR) c3rdits, as h1jecaftd in iLiq p nc n • P!O-0,hase Pulicy, Resolution 2W3495, S"4s tt wLvd' the" R U� GBUER)' (�4 I_ -- wiP-dirm4 Once an otter is W Services staff wiLi 12M.are a __—L st regLest the ownez sign. This sigRc -Acd to the Land _4 niTact yJ11. beprese Cornmill—g. at jq jtuidr-, b y majority vote. to MjT ='1 4 ;'ppE2+LLl (,if the cnntract tai the §qa ki of Coutiv, CWn hiss ioner's- Along with th:;, , ngam., staff will ortividg- wilac -pr--jqa4 a Proiccl Dcsign Report lor e;xh nugcA,prL� zt, inclujing Ie, F- blMly,MA purpose of prcjuut', and pTupram quUtif ic;Ltions. u rctcc, m.-ndation from the Land AcQui.igj th-.� con trace -"JpDi cct Dcsirn Rcmmt and I and , -4 Ovisur,- CornmineL r-:!cnrnrnenJ.,jjon will A,.jqj1,ji-iurj Ad tc, the uL a ruHir bea.-iril; f6r and op"'ova-L It— I --J A, '11)Q float- of County Comrnirsioncrs authunty for a4af Ae�i� tiory, -@14' li-, wgmiali*4, oehuse for- Opti(OF184 USe Fefil 30 Packet Page -2732- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 am 4 Gaeffw, G-ElwMiRii-ORelf, Shall arrFave the contract terms for each proposed project and shall authorize any and all purchases. H. Once a rrmjM;j hag, hccDjppA)y wand executed.. _by the Board of County Commissioners in BccnTdance vtLqb C. ,pr tvp i 5, Real EsMe Services staff shall lgocced 12 cloy li the SEC" C`ION 14 - Management p1mis and use of evvironmrnial1v sensitive land&: 1, No later than 16DJ ajaM_M days from the date of acquisition, an interim martavement plan i5or any properly acquired shall be submitted by County stag' to the Land Acquisition Advisory COMMiUCC for approval. Upon approval, the plan shall be submitted to the Board of County Co=iissioncrs for final approval and shall be implemented by tkw County MarLaGcr PUTsImnt to the Board's directiun. Any such interim management plan(s) shall not be implemented for murc than two (2) ycars after acquisition of the property, prior to the expiration of two P2] years, either a new nimiagcnient plan shall be implemented or. by affirmative action of the Board, the interim plan shall continue. 2. A final mamgcment plan, with re uiTed review und updating every ten years, shall be prepared, with review and input of the Land Acquisition Ad--IsM, Committee, for each property acquired by Conscrvation Collier which sball: (a) Mcmify such management activifies as am nectssar), to preserve, enhance, restore, ODRSUVC, Mbitilain'. Or m(mitur the resource, as appropriate; and (b) Identify such uses, as ure curtsistent with the preseTvatim enhancement, restoration, conserva6un. and maintenance of the rcsourcc; and (c) i.stimatc the amival cost-, of managing the project. I C I Annually, the ten -rear mankrcnicnt plam, prepared during the preceding, gear shall be SLbInMtL� 10 cane 8aard of County Uornmissicincia for it,. jppioval, Each ten-year mzmagomeni F-1-in shall b: up—Lilcd al lens, c'.v�,v Jive (ij yews fi-Orn the [wi-1 Jaie of Board approvat, and may Lic tnnirznded Lie aften as rcuuirvd. Miarnauernent plLan updatc% und arncnnnicim shali be re%i-2-kv-,J by the Land Acqui&inon Advkrory Conimilt�; ff�i 04--,ir inpul and rvk-orninendu6cins and then I to the Board of, C',3un*,-v Corturtissionurs fur uppmv.id. 4, AR rnanar=cnt plans shalt ky, consisttnt mith the pwpost:a sot forth heroin. AH prapertics a:quired or ni =-apd through Consrrvalion Collier shall he managcd its accordance xvith the approved ma-rmucrory plan for that 5. No use, infrastructure, of itnprovcninit shall b--ram° permitted on arty property acquired cir ramped and Consc-vatiDn Collier that is imonsistent with the purposes of the program or that is not pTovided by wt apprvN,-.d manuvcmom plan for the pro trey. 6. The Courny arill , wck cooperalive martagrnient arrangements a.%ith nthcr agmeics and 0 urtifics, in kc--ping with t1w. approved management plans and b- axis of Cvn,s m-ation Coltir,. 7, Purchasing land using Consmation CotHer pru�ram funds permanently eminguisEws all if--vc1opment rigbts except thusc strictly compatib[c with the purposes and goals Of Conservation Collier, unless Nuch landq are _cIgharteed Fm similar lands within anal moi—ezts that have b.-cin prcyiousiv recommended Iry the (owscrvation Collier Land Aca Ltisiijon J—njap;q—ordartco with 14 400low,&Wel 31 Packet Page -2733- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 grarn In cast of thcK [anAS&g� Vu tan , devcjo n-�,Zh1Larj St }o 13sosr,pruverties exchanSed oadsmy vy r, vnershiti. 0% 8, Public access is an important element of managcment and this Program. Examples of permitted uses, subject to compatibility with specific Parcels, include- hiking, nature pholography, bird watching, kayaking, ca ocing. swimming, hunting and fishing. The prograrn will also make th-, acquired sites av"able, with minima: risk to the environmental inirl Hty of The trite. to rducatc. Collier County's school-age ptipulafion and the general public about the uniqueness and imponance of Collier Co=3"s subtropical ccomysicnis and natural commm tics, SFC`•10S 15 - -Responsibilities of the County Manager. The Couniy Mariager shall facilitutr such axti%itics, dcsignate such slAtT, and assign such responsibilities as me. necessary to fulfill the purposes of this Qwjmck: 0 mith 4te appRwe4 ewer""J- Emd implimm,:K. tie isi! o"& �amittee aft ie deveiep ftelte4ioti appmved 0eq,oist6ol, ff*B�00�5 F—i Effid W not ing-" 464-41-4im Fdtliitifl-t le gfoeRneals and elosings, rds needod-47he4heg~batten ReFoBe ae Gommit+ee 5wi iiloiuAe Me --eflE ihe SON Rvftvo ... -- --'R 111- 4-'E-Ri", 41*sffley' SECTION I fi - Surmel of the Consen-ation Collier Ad Va Inrem I'a%-, 1. The Cansor.-,wtion Collin sp"ial tax rnzn= AU simsct alter 10 U111css rca,.ahorizcd through similar vu,cr roleTendurn approval. I•I'Ve Nttnapmenl Trust 1•und contin=s i1i perp,I.Ljtv. v, [onj: as C(irisci-N•ation 1:016 M111ain M r-0;111tV 1141rdS 4FCTION' I" , - Inclusion in the Cmnde-tiMiaws finti Ordingnce,,; The provisicjis of ibis Ordinazzic-c whull bccornc and be mat a pwi of the Cudo of " La�vvs anJ "Drdinances of Culliur Count),, Florida. The sce6omi of (Ile OrdivanLr may he remurthcrvdd, or rc-]tutted ki accomnlish.suzlt. and the ix-oid "ordi,nartoe" ffijv b, chmn-ped to " -section," "anicle,' OT rimy V111CI apprupriatc %wird. SECTION is - C-unfliet and S"urabil-Ov, In the event this Ordinance cunflicts with any athcr QTdinzuice ofCollitT County or other 4PPlicuble Low, the more, rcstniclive shall applv. If any phrase or portion of the Ordinance is held invalid or unconstitutinnat by any court,,,f cjympetcntjur-Miction, such paition shaU bc- deemed a se separate, distinct and independent provision and such b(Adbij, shall nut aff—,cl the x-alidily of the remaining porlim SECTION 19 1)zte.- 1-his Drdinanoc shall take efficcl only upon the Passage of the No%.-cmbcr 5. 2002 referendum It v- ying up to 0.25 irn [is ot'ad valorem taxes for a period of 1,--n (10) years to fund the t3 I-Inc# rlirn ad6c4l: cshros faeted. 32 Packet Page -2734- 9/13/2011 Item 16.E.12. FWC Contract No.] 1071 acquisition of environmentally srnsitiw ian& and its icing filed wffli the Florida Departmcut of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this Xrci kv of 1, 2007. AtIcit: DWIGHT E. BROCK, Clcrk- At Approved as io Form and Legal Sufficiency: BOARD OF COUNTY COMMISISIONERS COLLIER COUNTY, FLORIDA J cnnifcr A. RCJpCd3 mistmt County AILDTncv clpcd� r'T-JF'nnnCt- filed wi-k 4w 1' S'°Itt's C"fizo the C`f 4kk,—, IAA— und al thc+ Wing rBCeived this -5—*" duy 1) Lp**I-Ldded, 33 Packet Page -2735- e#*MN 9/13/2011 Item 16.E.12. FWC Contract No. 11071 STATE OF FLORID& COUXTY OF CCILIET, 1, DWIC14T E. BROCK, of Courts in and for the TwtntieQ Judicial Circuity Collier County, Florida, do hereip certify that the f0r*9009 is a true and orrect copy of: ORDINWRCE 2007-65 NhiuH was a&Pted by the Board of couqty COMmw=ionera on the 23rd day of October, 2M, during Rugolar Seas;qn, "-*N WITNESS my hand and ne official seal f the 3ward ci County Comm"S''" Qf C011VIT QOunty, Ficrida, this MAR daY of 0000ber, 2DO? C 7;,d, C" f �91 %pnoy Clerk 34 Packet Page -2736- 9/13/2011 Item 16.E.12. FWC Contract No. 11071 EXHIBIT "E" 35 Packet Page -2737- 9/13/2011 Item 16.E.12. INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST CARACARA PRAIRIE PRESERVE This Agreement is entered upon this day of — 1 2011, by COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as "COUNTY"), whose address is 3299 Tarniami Trail East, Naples, FL 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non - profit corporation, (hereinafter referred to as "TRUST-), whose address is 23998 Corkscrew Road, Estero, FL 33928. WITNESSETH WHEREAS, the COUNTY owns an undivided ninety-four point four (94.4%) percent interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference ("Property­): and WNTIEREAS, the TRUST owns an undivided five point six (5.6%) percent interest of the Property; and WHEREAS. the COUNTY is required to manage the Property in perpetuity, as set forth in Collier County Ordinance No.02-63. as amended. NOW, THEREFORE. for good and valuable consideration. the COUNTY and the TRUST herebN1 mutually avxrec: 1. That the TRUST authorises the COUNTY to unconditionally use its undix,ided fn,c point six (5,6(,Io) Percent interest of the Propert% f'or the purposes of restoration and mana2errient for the benefit ofpreserit and future t,onerations, 2. That the TRtITST' authorises the COUNTY to enter into a-rcerrients N,,,Ith other ,)o%,,ernmentaJ agencies in or 1 :71 Z�l der to implernent managernent activities outlined in the Caracara Prairie Preserve Habitat Managernent Plan. 3. That all the terms herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators. personal representatives. heirs, successors, and assigns. 4. That CREW has no liability or responsibility for the management of the Property. S. That CREW vrill not benefit in any way from the Property, nor assume the responsibility for funding management of the Property, Packet Page -2738- 9/13/2011 Item 16.E.12. IN WITNESS WITEREOF. the CO QTY has hereunto set its tinauthori7ed hand and seal as of this date and year first above �Mnen. ATTEIST: DNA IGHT E. BROCK. CLERK. . DEP1-7T1' CLERK Approval or forin and legal Sufficil-MV1, Jennfl�P'13, While 1t 4i�t<il,l (1'-'0Uj11y rpro� s to fomi w J 4%!al su' BOARD OF COUNTY COMMISSIONERS OF CC)I-Lli,--'R COUNTY. FLORIDA liv: FRED W. COYLE. CHAIJ�MAN V P, F 6 10 NA I - !-"COSYS-TEN-1 Al TI P � i i 1) I.AND 1) INV,A 'I'l I lZ S1 Packet Page -2739- rl, 1-1 U-1 �o 9/13/2011 Item 16.E.12. EXHIBIT A PROPERTY'rAx IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (WI/2) OF SECTION 30, TOWNSHIP 46 SOUTH. RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AN D PROPERTY TAX IDENTIFICATION NUMBER: 000530802100 LEGAL DESCRIPTION: NORTHWEST QUARTER (NWI14) OF NORTHEAST QUARTER (NIEI/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. Packet Page -2740-