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Resolution 2001-345 RESOLUTION NO. 2001--.ll.2. IbH4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING TO THE GREATEST EXTENT NOW OR HEREAFTER ALLOWED BY LAW, THAT DEVELOPMENT AT THE MARCO ISLAND EXECUTIVE AIRPORT SHALL NEVER OCCUR OUTSIDE OF THE GEOGRAPHIC CONFINES OF THE DEVELOPMENT FOOTPRINT NOW EXISTING IN THAT AIRPORT'S MASTER PLAN WHEREAS, A Long Range Master Plan exists for development of the Marco Island Executive Airport ("Airport"); and WHEREAS, an Airport Layout Plan ("ALP") that depicts the ultimate build-out development of the Marco Island Executive Airport is a part of that Master Plan; and WHEREAS, The Conservancy of Southwest Florida and four (4) other "conservation groups" (noted in a Memorandum of Understanding) have requested assurance from the Collier County Board of County Commissioners that all development of the Marco Island Executive Airport shall remain in perpetuity within the current "Deve]opment Areas" of the current Master Plan, except to the extent, if any, that The Conservancy of Southwest Florida, National Audubon Society, Florida Audubon Society, Environmenta] Defense Fund, IZAAK Walton League-Florida Division, or each respective entity's then successor(s) in function, may from time-to-time authorize in writing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUTNY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The "Development Areas" of Marco Island Executive Airport, as such footprint is depicted in the ALP attached hereto as Exhibit A, and by reference is incorporated herein, shall never be expanded in geographic area outside of the current footprint except to the extent, if any, that the Conservancy of Southwest F]orida, National Audubon Society, Florida Audubon Society, Environmenta] Defense Fund, IZAAK Walton League-Florida Division, or each respective entity's then successor(s) function, may from time-to-time authorize in writing. However, this Reso]ution does not limit the County's then legal obligations, if any, to install aids to navigation or other things outside of said footprint, but only to the extent that such aids or other things are then required by law to safely operate aircraft into and/or out of the Airport, and only in accordance with the Marco Island Executive Airport Memorandum of Understanding executed by the signatories to the Deltona Settlement Agreement, including the Board of County Commissioners of Collier County. With respect to the aids to navigation, such aids shall be limited to aids that are then required to aid "Aircraft" of the types and sizes allowed to land and take off at the Airport as of the effective date of this Resolution. This Resolution adopted this ~ day of September, 200], after motion, second and majority vote favoring adoption. ATTESTED: DWIGHT E. BROCK, Clerk By: ~~,4'^~ Attett . tilS:,~:*s It_.... .11. Approved as to form and legal sufficiency: ~ d~~~l~er~ Assistant County Attorney By: EXHIBIT A .. .A C> ::a ~ ClC> \.0 U..> ""l::S c;') U..> (..W .- ~ · OR: 2893 PG: 3343 16H# OR: 2893 PG: 3344 16H4 FIRST AMENDMENT TO INTERLOCAL INGRESS/EGRESS AGREEMENT The First Amendment to the Interlocal Ingress/Egress Agreement (hereinafter "Agreement") is made and entered into this oQ~ day of 0_xtau~ , 2000, by and between the COLLIER COUNTY AIRPORT AUTHORITY, COLLIER COUNTY, FLORIDA (hereinafter "The Airport Authority") and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, by and through the Department of Environmental Protection OF FLORIDA (hereinafter "DEP"). WITNESSETH: WHEREAS, DEP and Collier County entered into that certain Memorandum of Agreement dated the 22nd day of February, 1995, recorded at OR Book 2034, pages 1257 through 1260, Public Records of Collier County, Florida, which provides for DEP to enter into an agreement with the County to provide ingress and egress over and upon state-owned lands in accordance with Federal Aviation Standards, Part 77; and WHEREAS, Collier County has, by County Ordinance No. 95-67, delegated to the Airport Authority full power and authority to enter into and administer this Agreement on behalf of the County; and VirHEREAS, the DEP and Collier County Airport Authority entered into that certain Interlocal Ingress/Egress Agreement dated January 17, 1996. NOW THEREFORE, in consideration of the premises, including the above-referenced Interlocal Ingress/Egress Agreement and the covenants, terms and provisions contained herein, the DEP and the Airport Authority agree as follows: 1. Exhibit A to the Interlocal Ingress/Egress Agreement is deleted in its entirety and replace with a new Exhibit A attached hereto and made a part hereof. 2. Reference in Paragraph 2 to "11,400 feet long and 2,000 feet wide" is deleted in its entirety. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. AS TO AIRPORT AUTHORITY: ATTEST: 'x COLLIER COUNTY AIRPORT AUTHORITY Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney EXHIBIT "C" OR: 2893 PG: 3345 AS TO DEP: 16H4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WI TNE S S: / .~((..4.4 ~)m~eb~''c~' GloriaC. Nelson, Operationsand ~ _ Management Consultant Manager, Bureau Print/T'~'~e-Witne~[s of Public Land Administration, Division of State Lands, Department of Environmental Protection WITNES S: Print/Type Witness Name ~ I' ;,.~: 7 . . STATE OF FLORIDA COUNTY OF LEON /_./The foyff~ goln%l~l(~rub,me;tl~riaaS ~c N~e~Volned~e derb;[~ ~nedt~lSan~/L day of ~/-/,73U~r~' ', ' , y ' . , p ' g mentConsultant ~lQa~r, Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me ',>;~z.~* July 25, 2001 ~o~a, ~ ~ F~,,~u~, ~. Print/Type Notary Name My Commission Expires: Approved as to form and legality: By: DEP Attorney *** OR: 2893 PG: 3346 *** ~0 O--- MEMORANDUM OF UNDERSTANDING WHEREAS, the Collier County Airport Authority (the "Authority") is charged with the management and operation of the Marco Island Executive Airport (the "Airport"); and WHEREAS, The Conservancy of Southwest Florida, The National and Florida Audubon Societies, Environmental Defense Fund, and The Florida Division of the Izaak Walton League are Environmental Intervenor Signatories (the "Signatories") to the Deltona Settlement Agreement of July 20, 1982; and WHEREAS, a meeting was held at the Airport on July 23, 1999, among the Authority and some of the Signatories. The purpose of that meeting was to try to resolve disputes regarding safe operation of the Airport and compliance with the Deltona Settlement Agreement; and WHEREAS, the participants of said meeting agreed to execute a Memorandum of Understanding (MOU) in furtherance of paragraph no. 14 of the Deltona Settlement Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The Authority, by Resolution to be presented to the Board of County Commissioners, shall urge that said Board forever delimit the Development Areas of the Airport. Said resolution identified as Exhibit A attached hereto and made a part hereof. 2. Prior to any cutting, trimming, removing or other modification of vegetation outside the Development Areas, the Authority and The Florida and National Audubon Societies shall cooperatively develop a mutually satisfactory Vegetation Management Program that is approved by the FAA and the FDOT. The Authority agrees to abide by said approved Program in perpetuity. Said "Development Areas" identified in Exhibit B attached hereto and made a part hereof. 3. The Authority shall urge the Florida Department of Environmental Protection (FDEP) to amend the Interlocal Ingress/Egress Agreement as is proposed in Exhibit C. The Authority shall through negotiations use its best efforts to acquire acquiescence thereto from FDEP. The Authority shall not commence the projects listed in numbered paragraph seven (7) until said amended Agreement is executed by FDEP and the Collier County Airport Authority. 4. Promptly after implementation of numbered paragraphs one (1) through three (3), above, the Authority shall submit to the Signatories (for their written comments thereon) each mitigation package hereafter required from the Airport by any State or Federal regulatory agency. o OR: 2893 PG: 3339 16H4 5. The Authority shall propose to the Board of County Commissioners that the properties located adjacent to the property remaining within its ownership outside the "Development Areas" designated pursuant to Exhibit B shall be encumbered by a perpetual conservation easement enforceable by any and all Signatories. This conservation easement shall prohibit all development and management activities within said properties not expressly approved in writing by all of the Signatories. The Authority shall not commence or commit resources toward commencement or implementation of the projects listed in numbered paragraph seven (7), below, until the Airport Authority and County have executed said Conservation Easement. Said Conservation Easement to be prepared by The Conservancy of Southwest Florida and delivered to the Airport Authority for execution, said delivery date no later than 30 days from execution of the MOU. 6. The Authority shall not commence or commit resources toward commencement or implementation of the projects listed in numbered paragraph seven (7), below, unless and until this MOU has been fully executed. 7. Upon the conclusion of numbered paragraphs one (1) through six (6), above, all of the Signatories that have signed this MOU thereby agree only to the following projects as further identified in Exhibit B: Parallel taxiway on the west side of the existing runway; Apron hangar area; and FAR part 77 Vegetation Management Program, as described in numbered paragraph two (2), above. 8. This MOU hereby expressly amends the Deltona Settlement Agreement. Agreed to by each,.,__ --°f the parties that have executed this Memorandum of Understanding, effective ~./~. ~hz~ [I , 200~ Each signer is an authorized representative of the entity. COLLIER COUNTY AIRPORT AUTHORITY By: :FHE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 16H# By: Dwvid-E:-~m;,q~.D,.r Pr-esident-a~mt gltnor V. Krier, Interim President THE NATIONAL AUDUBON SOCIETY and FLORIDA AUDUBON SOCIETY By: Stu , D President, Florida Audubon Society Vice President, National Audubon Society ENVIRONMENTAL DEFENSE FUND ",,, Jame~T.B. Tripp ' ~ i ~, \ IZAAK WALTON LEAGUE, FLORIDA DIVISION Juanita Greene, President FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Successor to Florida Department of Environmental Regulation) By: 16 4 16H ' SOUTH FLORIDA WATER MANAGEMENT DISTRICT (By signing this agreement, the District is not waiving any rights or authorities that the SFWMD may have under Chapter 373, Florida Statutes or the D.~el~ona Agreement) Henry Dea~ Execu i~[j~ Director South Florida Water Management District FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (Successor to Florida Department of Community and Veterans Affairs) i%homas B_eck, Di~m~tar vmsion oZ Communzt~ ~lanning THE DEL¥ONX' C~6RV-6-fi, Xff6~ By: ~, g~e~ut~i ¥ice President COLLIER COUNTY By: Collier County Board of County Commissioners Approved as to form and legal sufficiency: ThomaS- C-. Palraler' Assistant- g6unty Attorney Atteet a~ to ~