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Backup Documents 12/10-11/2013 Item #16D 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1603 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original. documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si¢nature_ draw a line thmu¢h rnutinQ lines 91 through #4. comnlete the check -list_ and forward to Tan Mitchell (line #6). Route to Addressee(s) List in routing order Office Initials Date 1. Melissa Hennig Conservation Collier Initial Applicable) 2. Jennifer A. Belpedio County Attorney's Office Agenda Item Number 12/12/13 3. Minutes and Records Clerk of Court's Office Type of Document PRIMARY CONTACT INFORMATION V3 (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Melissa Hennig Phone Number 252-2957 Contact a ro riate. Initial Applicable) Agenda Date Item was December 10, 2013 Agenda Item Number 16D3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Memorandum of Agreement Number of Original 4 c� Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 2 INSTRUCTIONS & CHECKLIST An No. 13098 + tjo l3 099 J e 'tv r- v► / D ,r 4-z M e ))'ss a I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6-15-2011 GSKecMeri So S A C e)7 aY �pr (Aj a V- 41e /-Y)11 Ci 4, OVI - Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. Is the Chairman's original signature required? JAB 3. All handwritten strike-throughs and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board. 4. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date, whichever is applicable. 5. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 6. In most cases (some contracts are an exception), the original document and this routing slip JAB should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 7. The document was approved by the BCC on date as stated above and all changesAB made during the meeting have been incorporated in the attached document. The ( I County Attorney's Office has reviewed the changes, if applicable. e 'tv r- v► / D ,r 4-z M e ))'ss a I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6-15-2011 GSKecMeri So S A C e)7 aY �pr (Aj a V- 41e /-Y)11 Ci 4, OVI - 1603 MEMORANDUM Date: December 16, 2013 To: Melissa Hennig, Environmental Specialist Facilities Management Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Memorandum of Agreement w/Florida Fish and Wildlife Conservation Commission Youth Hunt Agreements: #13098 and #13099 Attached for your records is one (1) original of each document referenced above, (Item #16D3) approved by the Board of County Commissioners on December 10, 2013. The Minutes & Records Department has retained an original of each to be kept in the Board's Official Records. If you have any questions please call me at 252-8411. Thank you. Attachments FWC Youth Hunt Agreement No. /3o 9 f 1 b p 3 MEMORANDUM OF AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o1b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and Collier County whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter "LANDOWNER." NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: This Agreement shall begin January 10, 2014, and shall remain in effect for three days as outlined in Exhibit A — Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined on the map provided in Exhibit B attached hereto (the "Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations upon the establishment of and the uses of the lands listed above for the express purpose of providing a Commission -sponsored activity as described in Exhibit A — Youth Hunting Program of Florida Youth Hunt Announcement Form — by the COMMISSION to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission -sponsored youth hunting activity as described in Exhibit A shall be for the management of wildlife and/or aquatic life as outlined in Exhibit A, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non -consumptive uses of wildlife by the public. The use of the Premises for a youth hunt, except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre -determined youth hunters as outlined in Exhibit A. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in Exhibit A. 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises during the term for the purpose of administering youth training programs, and the LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. Page 1 of 4 FWC Youth Hunt Agreement No.12" 16 D3 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission -sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide a written notice of FS 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. (Exhibit C) LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit A above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 Page 2 of 4 FWC Youth Hunt Agreement 1603 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Page 3 of 4 FWC Youth Hunt Agreement No.1geV IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Witness Witness ATTkSk, DW 6+j4T-E:,B>'t� K, CLERK Attest is t Ct�alnnan s* Deputy Clerk Sign g �i%d as ;forw and legally slzfFfit*aei . Jenni r elpedio Assistant County Attorney Florida Fish and Wildlife Conservation Commission Diane Roth Eggeman, Direct Division of Hunting and Game Management Date:0 x� LANDOWNER BOAflE F 01 ;TY COMMISSIONERS OF COL O LORIDA By: �J rgia A. iller, Esq., CHAIRWOMAN Date: { a 10 / Page 4 of 4 Item # L�7;0 AgendaI t, Date �',. „�. Date Redd 13 t Depuj CWk 16D3 EXHIBIT 16D3 Qo) Y76 G FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION F YOUTH HUNT ANNOUNCEMENT FORM (Attachment A) DETAILS OF YOUTH HUNT Name of Ranch/Hunting Club: Date of Youth Hunt: Emergency Phone # During Youth Hunt: Collier County Pepper Ranch Preserve January 10-12, 2014 239-289-2934 Location of Youth Hunt (Nearby City/Town and County): Immokalee / Collier County Landowner Contact Information (Name, Address, Street) State Zip Melissa Hennig, 15000 Livingston Rd. FL 34109 Huntmaster(s): Wayne Jenkins Huntmaster Phone (please include area codes) 239-455-8109 Evening 239-455-8109 cell 239-580-8094 Hunt Information Type of Hunt (deer, varmint, hogs, turkey, etc.) Hog Number of youth hunters: 8 - *Participation is limited to full-time and part-time residents of Collier County unless hunt is not full* Number of youth hunters landowner will supply: Will hunters be camping? 8 - *COLLIER COUNTY YOUTH ONLY* Yes Will you need equipment and/or supplies from Are there cooking facilities available? 0 Yes ❑ No Tallahassee office? ❑ Yes 0 No If yes, please describe: Oven and stove inside lodge If yes, please describe: Will you need food or help making food Additional comments: arrangements? ❑ Yes N No County owned property -volunteers provided by County Huntmaster is responsible for all food Contact: Melissa H. mel issahenniq cD-colliergov.net arrangements. 239-252-2957 *per Collier County's request Youth Hunting Program of Florida c/o Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399-1600 (850) 413-0084 (850) 413-7989 (fax) MyFWC.com s:Imvdocumentslworkfi'lelformv'�vhpf Rev. /0/05/05 03 GQ 16D3 16D3 Pepper Ranch Preserve Legal Description Property Tax Identification Number 00052360002 A parcel of land lying in the East Half (E/.-) of the East Half E',') of thcr Southwest Quarter (SW o` the Southeast Quarter (SE'1s) of Section 22, Townshs) 46 South. Range 28 East Collier County, Florida. being more particularly described as follo:rs Commence at the Southeast comer of Section 22. Township 46 South, Range 28 East. Collier County, Florida; thence run S 88`57'47 V`J, along the south line of the Southeast Quarter (SES/4) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described: thence continue S 8857'47" W. along the south, Ione of the Southeast Quarter (SE/4) of said Section 22, for a distance of 330.09 feet: thence run N 00-31'18" W for a distance of 1342.51 feet: thence run N 8858'31' E for a distance of 330.12 feet: thence run S 00°31'14' E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres, more or less AND Property Tax Identification Number: 00052440003 A parcel of land lying in the Southeast Quarter (SE'./4) of the Southwest Quarter (SW/4) and the West Half (W'/z) of the Southwest Quarter (SW'f4) of the Southeast Quarter (SE'/4) of Section 22. Township 46 South, Range 28 East, Collier County. Florida. being more particularly described as follows: Commence at the Southeast comer of Section 22, Township 46 South, Range 28 East, Collier County. Florida; thence run S 88°57'47" W. along the south line of the Southeast Quarter (SE'j) of said Section 22 for a distance of 1980.56 to the Point of Beginning of the parcel of land herein described, thence continue S 88°57'47" W, along the south line of the Southeast Quarter (SE/4) of said Section 22, for a distance of 660.19 feet to the South Quarter corner of said Section 22: thence run S 88'57'47' W along the south line of the southwest quarter of said Section 22, for a distance of 1321.80 feet: thence run N 0038'44" W for a distance of 1342.51 feet; thence run N 88°59'17'' E, for a distance of 1324.63 feet. thence run N 88-59'31" E. for a distance of 660,24 feet; thence run S 00`31'22 E for a distance of 1342.58 feet to the Point of Beginning. containing 61.13 acres, more or less. AND Property Tax Identification Number 00052680009 The Southeast Quarter (SEI/4) of the Southwest Quarter (SW /<) of Section 26 Township 46 South_ Range 28 East, Collier County. Florida: containing 1-0.38 acres more or less. AND Property Tax Identification Number: 00053000002 All of Section 28, Township 46 South, Range 28 East, Collier County. Florida. containing 645.47 acres more or less. /_T:T17 Property Tax Identification Number: 00053920001 The Northwest Quarter (NW /4) of the Northeast Quarter (NE'/) of the Northwest Quarter (NW'/4) of Section 35. Township 46 South, Range 28 East, Collier County, Florida; containing 10.09 acres more or less. r_ML I Property Tax Identification Number: 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East. Collier County, Florida, being more particularly described as follows: The West Half (W'/1) of Section 26. Township 46 South, Range 28 East. Collier County, Florida. less the North 1452.35 feet thereof and less the Southeast Quarter (SE' /4) of the Southwest Quarter (SW'/.) of said Section 26, and less that parcel of land, as described and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 00052640007 containing 185.91 acres. more or less. AND Property Tax Identification Number 00052960004 All of Section 27. Township 46 South, Range 28 East, Collier County. Fiorida; containing 643.59 acres more or less. 16D3 16D3 Propery Tax Identification Number: 00053200006 All of Section 33, Township 46 South, Range 28 East. Collier County. Florida; containing 706.33 acres more or less. AND Property Tax Identification Numbers: 00053840000 & 00054040003 The East Half (E;'Z) of the East Half (E'/2) of the Northwest Quarter (NW',`a), and the Northeast Quarter (NE'/4), less the East 30 feet and the Northerly 30 feet for public road right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35. Township 46 South, Range 28 East. Public Records of Collier County. Florida, less 2.29 acres in the Northeast Quarter (NE'/4) described ir Deed recorded in Official Records Book 1834, Page 216: alsc less the real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in Official Records Book 280, Page 480: and in Official Records Book 282, Page 283; and in Official Records Book 289, Page 910: all of the Public Records of Collier County, Florida, AND The Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/<): and the West Half (W'�,�) of the Southeast Quarter (SE/,) of the Northwest Quarter (NW:A); and the Southwest Quarter (SW'/4) of the Northeast Quarter (NE/4) of the Northwest Quarter (NW'/4): and the South Half (S'/�) of the Northwest Quarter (NW%<) of the Northwest Quarter (NW'.i4); and the Northwest Quarter (NW 4) of the Northwest Quarter (NW'/,) of the Northwest Quarter (NW /; j; and the West Half (W'/1) of the Northeast Quarter (NE'./4 j of the Northwest Quarter (NW/4) of the Northwest Quarter (NWS) of Section 35, Township 46 South, Range 28 East. Collier County. Florida; containing 208.83 acres, more or less, The aforementioned parcels equates to 2,511.90 acres, more or less. 03 16D3 EXHIBIT C (Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuou1 6 D 3 place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION sponsored Youth Hunting Program of Florida youth hunt.) N OTI Ic E READ THIS NOTICE COMPLETELY AND CAREFULLY. BY PARTICIPATING IN THIS ACTIVITY ON THIS PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO RECOVER FROM THE LANDOWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOU AND/OR YOUR CHILD AND/OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF PARTICIPATING IN THIS ACTIVITY. FOR MORE INFORMATION READ THE FOLLOWING. Florida Statute 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.— (1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas. (2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area. (Continued on Next Page) 16D3 (b) Notwithstanding the inclusion of the term "public" in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area. (c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. (3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state's use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement. (b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers. (c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012. (4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person. (5) As used in this section, the term: (a) "'Area" includes land, water, and park areas. (b) "Outdoor recreational purposes" includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites. History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203. FWC Youth Hunt Agreement No./2-0Y% 16D3 MEMORANDUM OF AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and Collier County whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter "LANDOWNER." NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: This Agreement shall begin February 21, 2014, and shall remain in effect for three days as outlined in Exhibit A – Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined on the map provided in Exhibit B attached hereto (the "Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations upon the establishment of and the uses of the lands listed above for the express purpose of providing a Commission -sponsored activity as described in Exhibit A – Youth Hunting Program of Florida Youth Hunt Announcement Form – by the COMMISSION to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission -sponsored youth hunting activity as described in Exhibit A shall be for the management of wildlife and/or aquatic life as outlined in Exhibit A, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non -consumptive uses of wildlife by the public. The use of the Premises for a youth hunt, except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre -determined youth hunters as outlined in Exhibit A. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in Exhibit A. 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises during the term for the purpose of administering youth training programs, and the LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. Page 1 of 4 FWC Youth Hunt Agreement No.zJ-6j) % 16D3 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission -sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other taw providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide a written notice of FS 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. (Exhibit C) LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit A above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 Page 2 of 4 FWC Youth Hunt Agreement No./3 0 / % 16 0 3 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Page 3 of 4 FWC Youth Hunt Agreement No./�o 9 / IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Witness Witness Florida Fish and Wildlife Conservation Commission &Irl"c 447 � �A'- Diane Roth Eggeman, Direct Division of Hunting and Game Management Date: LANDOWNER ATTES` ' '• ui BOARD OF b T C DWI • T E. BROCk' OLERK COLLIER COU�T ARIL Ca�� By: Igpzit Clerk Approv'ed,as to forj;arid legal I C71 f� ri n.+dw� ff Jenm r Belpedio Assistant County Attorney Georgia , CHAIRWOMAN Date: I o I 10 / 3 Page 4 of 4 Item #.�� J Agenda Date Date k.„3 t3 Redd 16D3 1603 EXHIBIT G FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 1F �, YOUTH HUNT ANNOUNCEMENT FORM (Attachment A) DETAILS OF YOUTH HUNT Name of Ranch/Hunting Club: Date of Youth Hunt: Emergency Phone # During Youth Hunt: Collier County Pepper Ranch Preserve February 21 - 23, 2014 239-289-2934 Location of Youth Hunt (Nearby City/Town and County): Immokalee / Collier County Landowner Contact Information (Name, Address, Street) State Zip Melissa Hennig, 15000 Livingston Rd FL 34109 Huntmaster(s): Wayne Jenkins Huntmaster Phone (please include area codes) 239-455-8109 Evening 239-455-8109 Cell 239-580-8094 Hunt Information Type of Hunt (deer, varmint, hogs, turkey, etc.) Turkey Number of youth hunters: 5 - *Participation is limited to full-time and part-time residents of Collier County unless hunt is not full* Number of youth hunters landowner will supply: Will hunter7becamping? 5 - *COLLIER COUNTY YOUTH ONLY* Yes Will you need equipment and/or supplies from __ Are there cooking facilities available? 0 Yes ❑ No Tallahassee office? ❑ Yes 0 No If yes, please describe: Oven and stove inside lodge If yes, please describe: Will you need food or help making food Additional comments: arrangements? ❑ Yes 0 No County owned property -volunteers provided by County Huntmaster is responsible for all food Contact: Melissa H. melissahennig(a-colliergov.net arrangements. 239-252-2957 *per Collier County's request Youth Hunting Program of Florida c/o Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399-1600 (850) 413-0084 (850) 413-7989 (fax) MyFWC.com s:Imvdocumentrlti-orkfilelformr_vhpf Rev. 10/05/05 03 EXHIBIT B 16D3 Pepper Ranch Preserve Legal Description Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half (E'r1) of the East Half E'.-) of the Southwest Quarter (SW'/') of the Southeast Quarter (SE'./4) of Section 22. Township 46 South, Range 28 East. Collier County. Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East. Collier County. Florida, thence run S 88`57 47 rW, along the south line of the Southeast Quarter (SE <) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described: thence continue S 88°57'47" W, along the south line of the Southeast Quarter (SE;/4) of said Section 22, for a distance of 330.09 feet, thence run N 00`31'18" W for a distance of 1342.51 feet: thence run N 88°5831' E for a distance of 330.12 feet: thence run S 00'31'14" E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres, more or less. AND Property Tax Identification Number: 00052440003 A parcel of land lying in the Southeast Quarter (SEI/4) of the Southwest Quarter (SW /4) and the West Half (W,,1) of the Southwest Quarter (SW'/) of the Southeast Quarter (SE'/4) of Section 22, Township 46 South, Range 28 East, Collier County. Florida. being more particularly described as follows: Commence at the Southeast comer of Section 22, Township 46 South. Range 28 East, Collier County, Florida: thence run S 8857'47" W. along the south line of the Southeast Quarter (SE'/) of said Section 22 for a distance of 1980.56 to the Point of Beginning of the parcel of land herein described, thence continue S 88°57'47" W, along the south line of the Southeast Quarter (SE%4) of said Section 22, for a distance of 660.19 feet to the South Quarter corner of said Section 22; thence run S 88"57'47" W along the south line of the southwest quarter of said Section 22. for a distance of 1321.80 feet: thence run N 00'38'44" W for a distance of 1342.51 feet; thence run N 88`59'17'' E, for a distance of 1324.63 feet: thence run N 88'59'31" E. for a distance of 660.24 feet: thence run S 00`31'22 E for a distance of 1342.58 feet to the Point of Beginning: containing 61.13 acres. more or less. 1603 AND Property Tax Identification Number 00052680009 The Southeast Quarter (SE'/.) of the Southwest Quarter (SW'/4) of Section 26 Township 46 South, Range 28 East, Collier County, Florida. containing 40.38 acres more or less. AND Property Tax Identification Number. 00053000002 All of Section 28, Township 46 South, Range 28 East, Collier County. Florida: containing 645.47 acres more or less. AND Property Tax Identification Number: 00053920001 The Northwest Quarter (NW/4) of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW/4) of Section 35, Township 46 South, Range 28 East, Collier County, Florida; containing 10.09 acres more or less. AND Property Tax Identification Number: 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East. Collier County, Florida, being more particularly described as follows: The West Half (W'.!1) of Section 26. Township 46 South, Range 28 East. Collier County, Florida. less the North 1452.35 feet thereof and less the Southeast Quarter (SE'/) of the Southwest Quarter (SW'r) of said Section 26, and less that parcel of land, as described and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 00052640007 containing 185.91 acres, more or less. =I+j Property Tax Identification Number: 00052960004 All of Section 27, Township 46 South, Range 28 East, Collier County. Florida; containing 643.59 acres more or less. 16D3 AND Propery Tax Identification Number: 00053200006 M of Section 33, Township 46 South, Range 28 East. Collier Courty Florida: contairing 706.33 acres more or less. AND Property Tax Identification Numbers: 00053840000 & 00054040003 The East Half (E'.'i) of the East Half (E'./1) of the Northwest Quarter (NW',a), and the Northeast Quarter (NE''/4), less the East 30 feet and the Northerly 30 feet for public road right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road). Section 35, Township 46 South. Range 28 East. Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE' /4) descnbed it Deed recorded in Official Records Book 1834, Page 216: alsc less the real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4: and in Official Records Book 280, Page 480: and in Official Records Book 282. Page 283: and in Official Records Book 289, Page 910: all of the Public Records of Collier County Florida: AND The Southwest Quarter (SW'/4) of the Northwest Quarter (NW'i4): and the West Half (W'/2) of the Southeast Quarter (SE/4) of the Northwest Quarter (NW/,): and the Southwest Quarter (SW'/4) of the Northeast Quarter (NE%) of the Northwest Quarter (NW'/4): and the South Half (SI/2) of the Northwest Quarter (NW' /4) of the Northwest Quarter (NW/4); and the Northwest Quarter (NW/4) of the Northwest Quarter (NW%a) of the Northwest Quarter (NWI/4); and the West Half (1N'/1) of the Northeast Quarter (NE'.%) of the Northwest Quarter (NW'/4) of the Northwest Quarter (NW" -'A) of Section 35, Township 46 South, Range 28 East, Collier County, Florida; containing 208.83 acres, more or less. The aforementioned parcels equates to 2,511.90 acres, more or less. ? > 03 V D D L) D 0 D 16D3 EXHIBIT C 1603 (Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuous place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION sponsored Youth Hunting Program of Florida youth hunt.) 1][18111 (*1 READ THIS NOTICE COMPLETELY AND CAREFULLY. BY PARTICIPATING IN THIS ACTIVITY ON THIS PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO RECOVER FROM THE LANDOWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOU AND/OR YOUR CHILD AND/OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF PARTICIPATING IN THIS ACTIVITY. FOR MORE INFORMATION READ THE FOLLOWING. Florida Statute 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.— (1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas. (2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area. (Continued on Next Page) 16D3 (b) Notwithstanding the inclusion of the term "public" in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area. (c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. (3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state's use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement. (b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers. (c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012. (4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person. (5) As used in this section, the term: (a) "'*Area" includes land, water, and park areas. (b) "Outdoor recreational purposes" includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites. History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203.