713-FL Audubon Society Stipulation of Settlement ' ~
WI~REAS, the Florida Audubon Society, 1331 Palmetto Avenue, Winter
Park, Florida 32789, a Florida non profit corporation, hereinafter referred to as
~Audubon" and the Sanford A/rport Authority, One Red C/ev~!~nd Boulevard, Suite
200, Sanford, Florida 32773, bereinafter referred to as the "Airport", are litigants
involved ill Certain disputeS concerning the removal of the nest of a bald eagle and
the construction of an airport runway; and,
WFIEREAS, such disputes include matters raised in the following fopIres: (a)
Division of Admlnlcffafive Hear~nEg case No's. 97-3925 and 97-3926'RU (concernln~
removal by the Airport of the eagles n~st) and (b) th~ Verified Pglli~on For
Hearing filed by Audubon with the St. Johng' River Water M'a,~ement District,
dated May 29, 1998, concernin~ Permit Application NO. 4-117-0263AGM.9-F. RP, in
regard to an Environmental Resource Permit to allow construction of an airport
rimway known as 9R-27L, and (c) a Verified Comp~I-~ FIled with the State of
FlorLda: Department of Community Affairs, r~garding D.C.A. File No. MI,-697-02~.t'
concerning the "Development of Regio,al Impact" status of ah'port coro~rilCtion
~' Wt'P~-REAS, the Rarties hereto have met in effort to resolve their disputes ana-_
conflicts and have determined it to be in their mutual interests to enter into a
comprehensive settle~nent stipulation providln~ for the resolution of these matterS, -~:
THERF~ORE, in consideration of the mutual obligations herein, it is agreed~:
among the parties as follows:
1. Audubon and the Airport agree to the issuance of an uafter the fact" permit by
the Florida Game and h-esh Water Fish Commi~on for the removal of bald eagle
nest SI~ 40, which pennlt shall contain the following conditions:
(a) The Airl~Ort and/or City of Sanford, as appropriate, shall execute a perpetual
conservation easement in favor of the Florida Game and Fresh Water Fish
Commission, St. John~' River Water Mgn~ement District and Florida Audubon
Society over approximately 100 acreS of undeared, forested lands contiguous to an
~'in~ active eagles nest on "Site 10", as futfl~ described in l~hibit "A" hereto.
Said easement Sh~n be consistent with the pro '~sions of Section 704.06, Florida
Stablies, co!lcernino_ stlch ~, alld ~h~ll reqllire that the CiW, !ler~tnaftef
referred to as "City", allow the lands subject to the easaaent to r,~in undeared
and in a condition suitable for th~ nesting of bald eagles, ex~opt for such acts of God
which are beyond the Clty's control, such as fire, tornado, or hurricane. Consistent
with the provisiom of Section 704.06, Florida Statutes, the easement .~h~n allow the
City to conduct reasonable management activities to m~_~i- the area, such as
coiltrolled burnln~ and the relBoval Of exotic or nuisance v~getation. 'Die City nlay,
subject to approval by and coordination with the easement grante~, construct a