Backup Documents 05/27/2014 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEVI** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 5 In V-
4. BCC Office Board of County T` �, r
Commissioners V 7
`V l C\2-c\\\`-\
5. Minutes and Records Clerk of Court's Office `ern 514 0'4 (I :42
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Melissa He 'g/Parks and Recreation Phone Number 252-2957
Contact/ Department
Agenda Date Item was _5/27/14 Agenda Item Number _lam 11 A
Approved by the BCC
Type of Document Lease Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. ijf
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. 1
7. In most cases(some contracts are an exception),the original document and this routing slip (�
should be provided to the County Attorney Office at the time the item is input into SIRE. �c7J" N/A
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!
8. The document was approved by the BCC on 5/'.t'and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's ..c,,jej
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the (�
Chairman's signature. (�'J✓
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised .24.05;Revise 11/30/12 ti:V.
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1 10
Martha S. Vergara
From: DowlingMichael <MichaelDowling @colliergov.net>
Sent: Friday, May 30, 2014 9:39 AM
To: Martha S. Vergara
Subject: RE: Agenda Item #11D
I use CC -102
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Thursday, May 29, 2014 3:40 PM
To: DowlingMichael
Subject: Agenda Item #11D
Hi Michael,
Can you please send me the Lease Number for the Cattle Lease Agreement from the 5/27/2014 BCC Meeting.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be
used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take
any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting
the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any
onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Under Florida Law.e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request.do not send
electronic mail to this entity. Instead,contact this office by telephone or in writing
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MEMORANDUM
Date: June 2, 2014
To: Melissa Hennig, Environmental Specialist
Parks and Recreation Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Lease #CC- 102 "Cattle Lease"
Attached for your records is an original of the lease above, (Item #11D) approved
by the Board of County Commissioners Tuesday, May 27, 2014.
The Minutes and Record's Department has one of the original leases for the
Board's Official Record.
If you have any questions please call me at 252-7240.
Thank you.
Attachment
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Cattle Lease
Lease# CC — 1 0 2
LEASE AGREEMENT May THIS LEASE AGREEMENT entered into this o "I day of /" lay , 2014, between LAKE
TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership, by its undersigned General Partners,
whose address is 719 Hickory Rd., Naples, Florida 34108, hereinafter referred to as "LESSEE", and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples,
Florida 34112,hereinafter referred to as "LESSOR".
WITNESSETH
In cor ideration of the mutual covenants contained herein, and other valuable consideration, the parties agree
as follows:
ARTICLE ]. Demised Premises and Use
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two Thousand Two Hundred
ninety three (2,293) acres of property described in Exhibit "A," which is attached hereto and made a part of this Lease,
hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole
purpose of cattle grazing and incidental activities that are directly related to beef cattle production.
All animal husbandry principles and practices applicable to the property and efficient use of grazing resources
shall be followed at all times. The LESSEE shall be responsible for the establishment and implementation of sound
grazing practices based on the best management guidelines of the U.S. Department of Agriculture's National
Resources Conservation Service.
Consistent with its status as a tenant the LESSEE will have exclusive use and possession of the Demised
Premises, however,the LESSOR may, as specified below: (i) alter its boundaries and/or(ii) make use of portions of it
for hunting,public access, and other activities consistent with the Conservation Collier program, as described below in
this Article 1 and in Article 16(e) and (f). LESSOR'S use shall not, however, interfere with LESSEE'S permitted use
of the Demised Premises, nor cause LESSEE'S use, as permitted,nor expose LESSEE to liability to third parties based
on the use that LESSOR is permitted to make of the Demises Premises.
This LEASE AGREEMENT may be amended from time-to-time in order to change the size of the Demised
Premises as necessary to accomplish the goals, policies, and objectives of the Conservation Collier Implementation
Ordinance (Ordinance 02-63, as amended). LESSOR'S representative (e.g., Real Estate Services Staff) shall advise
LESSEE, in writing, of its intent to recommend that LESSOR amend this LEASE AGREEMENT. Any Such change
shall only be effective not less than ninety(90) days after it is executed by the Board of County Commissioners.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5) years, commencing on the date
LESSOR executes this Lease. LESSEE is granted the option,provided LESSEE is not in default of any of the terms of
this Lease, to renew same for two (2) additional terms of one (1) year, under the same terms and conditions, except as
to the rental amount, as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not
less than thirty (30) days prior to the expiration of the leasehold estate hereby created. LESSOR reserves the right to
deny LESSEE, in writing, of any renewal term.
Both LESSOR and LESSEE reserve the right to terminate this lease, without cause, by providing the other party with
at least thirty(30)days written notice to the address set forth in ARTICLE 14 of this Lease.
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LESSEE and LESSOR reserve the right to terminate this Lease, with cause,upon default by the other party as
described in Article 12 and in Article 13, after any cure or grace period during the entire term of this Lease, by
providing the other party with thirty(30)days written notice to the address set forth in ARTICLE 14 of this Lease
Upon termination of this Lease by either party, LESSEE will have ninety (90) days to make arrangements to remove
the existing cattle, during which ninety(90) days the cattle must remain. LESSOR will remit to LESSEE any prepaid
and unearned rent for any period that exceeds (60) days after such 90 days. During the ninety (90) day period that
LESSEE remains in possession after termination,LESSEE shall continue to have said mowing obligations as described
in Article 3 or may pay rent prorated at the amount described in Article 12, however, LESSEE shall not be liable for
any interest thereon as described in said Article 12. Such mowing or rent obligations shall cease when LESSEE
vacates the Demised Premises.
All notices shall be effective upon placement of the notice in an official depository of the United States Post Office,
Registered or Certified Mail,Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent the annual sum of Twenty-four Thousand Two Hundred
Dollars and No Cents ($24,200.00) for grazing up to Two Hundred (200) Animal Units within the Demised Premises
plus One Hundred Twenty-one Dollars and No Cents ($121.00) for each additional Animal Unit. Annual payment to
the County shall be accompanied by a certification stating the number and age class of Animal Units being grazed on
the land parcels. Said annual rent shall be paid in full upon thirty (30) days from the date in which this Lease is
executed by the LESSOR. LESSEE will also be responsible for the payment of additional rent as provided for in
ARTICLE 5 of this Lease.
In the event LESSEE elects to renew this Lease,as provided for in ARTICLE 2,the rent set forth in ARTICLE
3 shall be increased utilizing the method outlined in ARTICLE 4.
ARTICLE 4. Renewal Term Rent
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2,the rent set forth in ARTICLE
3 shall be increased for each ensuing one (1) year renewal term by five (5) percent from the previous year,
compounded.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will
provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised
Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration,
improvement, change, or addition, along with the contemplated starting and completion time for such project.
LESSOR, or its designee, will then have sixty (60) days within which to approve or deny in writing said request for
changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or
appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has
been no response from LESSOR, or its designee, to said proposals or plans, then such silence shall be deemed as a
denial to such request to LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and
requirements of the United States of America, State of Florida, County of Collier, and any and all governmental
agencies.
All alterations, improvements and additions to the Demised Premises shall at once, when made or installed,be
deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or
any renewal term thereof, or within thirty(30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove
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the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised
Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default
thereof,LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof
to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents,representatives and employees, shall have the right to enter into and upon
the Demised Premises or any part thereof at any time, without notice to the LESSEE, for the purpose of examining the
same and making repairs, inspecting or curing a default or nuisance, or providing maintenance service therein, and for
the purposes of inspection for compliance with the provisions of this Lease Agreement. If LESSOR should need to
utilize the property for any length of time, for any purpose, the LESSOR shall advise the LESSEE of its intentions by
oral notice.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised
Premises,or to permit any other persons to occupy same.
ARTICLE 9. Indemnity
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any
and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses
(including,but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising directly from
any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A)
LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created(other than
by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C)
any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of
LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors,
employees, subtenants,licensees or invitees.
It is acknowledged that in accord with the terms of this Lease (i) certain uses may be made of the Demised
Premises by the LESSOR and (ii) LESSOR may permit third parties to make use of the Demised Premises. The
Demised Premises are unimproved agricultural pasture lands and/or naturally vegetated areas. LESSEE'S
responsibilities for maintenance in accord with Article 11, and its responsibility and liability to LESSOR under this
Article 9 are and shall be based on the standards of care required of a tenant of lands having the forgoing
characteristics and uses and an absence of business invitees. In case any action or proceeding is brought against
LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities
resulting there from and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense,by
counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by
other persons in the Demised Premises, or from the street or sub surface, or from any other place, or for any
interference caused by operations by or for a governmental authority in construction of any public or quasi public
works.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property,
occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from
any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct
of the LESSOR or its employees.
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ARTICLE 10. Insurance
LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier County Risk
Management Department, for not less than an amount of One Million Dollars and No/100 Cents ($1,000,000.00)
throughout the term or any renewals thereof to this Agreement. In addition, LESSEE shall provide and maintain
Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable
state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred
Thousand Dollars and No/100 Cents ($100,000.00)each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such
insurance shall be provided to the Collier County Risk Management Department, 3335 Tamiami Trail East, Suite 101,
Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a
provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in
the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the
insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall
have thirty(30)days in which to obtain such additional insurance.
LESSOR shall maintain such liability insurance, or self funded liability reserves, as are appropriate to protect
itself and LESSEE from third party claims based on use of the Demised Premises that the LESSOR is permitted to
make, or allows third parties to make,in accord herewith.
ARTICLE 11. Maintenance
LESSEE shall be allowed to store, within the Demised Property, in a location approved in writing by the
Collier County Environmental Specialist assigned to manage Pepper Ranch Preserve, any functional maintenance
equipment and supplies required for activities directly related to beef cattle production on the Demised Property.
LESSEE, at its sole cost and expense, shall mow the six hundred sixty three (663) acres of improved pasture
within the Demised Property a minimum of one (1) time per year. LESSEE may roller chop specific areas of pasture
when needed to control exotic and woody plant growth and to upkeep areas located around cattle pens. Any off-site
mowers or other equipment must be cleaned thoroughly prior to entering the Demised Property as a means to prevent
the introduction of nuisance or exotic plant species. LESSEE shall develop the mowing schedule and include
variables such as excessive rainfall, drought or other unforeseen conditions, and provide such schedule to the Collier
County Environmental Specialist assigned to manage Pepper Ranch Preserve.
Each individual improved pasture within the Demised Property may include mineral feeders, supplemental
feed trough, and molasses feed tanks as a means to control cattle concentration areas. No outside hay may be brought
into the Demised Property to prevent introduction of nuisance or exotic plant species. Rotation of cattle shall continue
throughout the year on a scheduled basis. In the event there has been an extremely dry and cold winter or an
exceptionally wet season, the cattle will be managed by LESSEE to fit the available forage.
LESSEE may not fertilize improved pasture areas.
Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of water holes
shall be prohibited.
By the end of the second year of the initial term of the cattle lease, LESSEE, at its sole cost and expense, shall
repair and erect, if not already existing, a fence around that area of the Demised Premises which shall contain any
cattle. This fencing is crucial in retaining cattle and preventing cattle from roaming off of the Demised Premises.
LESSEE shall, at its sole cost and expense, keep the Demised Premises free from debris, litter, abandoned
equipment and vehicles, and the like, at all times. If said Demised Premises are not kept free from debris, litter,
abandoned equipment and vehicles, and the like, in the opinion of LESSOR, LESSEE'S manager will be so advised in
writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR will cause the
same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall
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constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs
incurred by LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees,agents, independent contractors,guests,invitees,licensees, and patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules,
laws and regulations, all non-naturally occurring solid, liquid, semisolid, and gaseous trash and waste (but not animal
waste) and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S
business. Such trash,waste and refuse shall be stored in closed containers approved by the LESSOR.
LESSEE shall make monthly inspections of exterior fences and gates and make repairs to the fencing as
needed.
LESSOR shall be responsible for all invasive exotic plant maintenance treatments and non-pastureland
prescribed burning within the Demised Property.
LESSEE shall be responsible for providing to the LESSOR, on an annual basis, an inspection report of the
property and its operations. At a minimum,the report must include the information identified in Exhibit"B".
LESSOR/ Preserve Manager shall visit the property at least semi-annually to evaluate the management and
grazing operation. The LESSOR/Preserve Manager and the LESSEE/Managing Partner shall meet annually to review
and, if necessary,revise any grazing and/or pasture management plans.
LESSEE shall report any violation observed pertaining to rules and regulations promulgated by Collier County
or the Florida Fish and Wildlife Conservation Commission. LESSEE shall immediately report any incidence of the
following:
• Fire
• Vandalism
• Theft
• Poaching
• Trespassing
• Any hazard, condition or situation that may become a liability to the County or may be damaging to the
property or improvements on the property.
LESSEE has no affirmative duty to actively monitor conditions for discovery of such activities.
Any expense related to utilities used solely by the LESSEE shall be paid for by the LESSEE.
ARTICLE 12. Default by LESSEE
Failure of LESSEE to comply for thirty (30) days with any material provision or covenant of this Lease shall
constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE,
unless the default be cured within the notice period (or such additional time as is reasonably required to correct such
default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease
may be immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR
pursuant to the terms of this Lease.
(c) Filing of insolvency,reorganization,plan or arrangement or bankruptcy.
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(d) Adjudication as bankrupt.
(e) Making of a general assignment for the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in addition to any
other rights and remedies it may have, shall have the immediate right to re enter and remove all persons and property
from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost
of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed
guilty of trespass, or being liable for any loss or damage which may be occasioned thereby.
LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing
if a lien is filed against the property or the leasehold interest of the LESSEE, and not removed within thirty (30) days
by LESSEE,pursuant to the Florida Mechanics Lien Law.
If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as specified in this
Lease, and if said amounts remain unpaid for more than ten (10) days past the due date, the LESSEE shall pay
LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts
not paid promptly when due shall also accrue compounded interest of two (2)percent per month or the highest interest
rate then allowed by Florida law,whichever is higher,which interest shall be paid by LESSEE to LESSOR.
ARTICLE 13. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder
unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or at LESSOR'S sole
discretion, such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE
properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14.Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the
other party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners Mr. Thomas Taylor, General Partner
c/o Real Property Management Lake Trafford Ranch,LLLP
3335 Tamiami Trail East, Suite 101 719 Hickory Rd.
Naples, Florida 34112 Naples,Florida 34108
cc: Office of the County Attorney Mr. Christopher Allen, General Partner
3299 Tamiami Trail East, Suite 800 Lake Trafford Ranch,LLLP
Naples, Florida 34112 555 Hickory Road
Naples,Florida 34108
Conservation Collier Coordinator
North Collier Regional Park
15000 Livingston Rd.
Naples,Florida 34109
ARTICLE 15. Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall
deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon
expiration of this Lease, or its earlier termination as herein provided, in as good condition and repair as the same shall
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be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the
continuance thereof,ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16. General Provisions
LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming off of the
Demised Premises.
LESSEE shall give oral notice to the Collier County Environmental Specialist assigned to manage Pepper
Ranch Preserve at least three (3) days prior to any planned cattle round-up or additional cattle release, to allow
Environmental Specialist the option to observe the cattle round-up or release.
LESSEE shall maintain no less than Fifty (50) and no more than Two Hundred (200) Animal Units at the
Demised Premises without written authorization from LESSOR. Increases to the maximum stocking rate shall be
subject to acceptable range conditions as outlined within the prescribed grazing plan and as determined by the Collier
County Environmental Specialist assigned to manage Pepper Ranch Preserve. Animal Units will be established based
on the following table:
Table 1: Animal Unit Equivalent Guide
Species Average Animal Unit
Weight Equivalent
(pounds) (AUE)
Cow,dry 950 0.92
Cow with calf 1,000 1.00
Bull,mature 1,500 1.35
Cattle, 1 year old 600 0.60
Cattle,2 year old 800 0.80
LESSEE shall have the right to camp overnight on the Demised Premises, at LESSEE'S own risk, and shall be
required to obtain any necessary permits,if required, for this use.
If LESSEE should elect to destroy sick cattle, any use of firearms shall be permitted by LESSOR so as long as
LESSEE is legally permitted to possess such firearm in the County of Collier and / or the State of Florida, as
applicable.
LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE or his
invitees upon the Demised Premises except as specifically allowed under this Lease.
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies for the above referenced Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and acknowledges that any special security measures deemed necessary for
additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no
cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns,to refrain from any use of the Demised Premises
which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where
other operations share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law.
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(c) If applicable, LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the
creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said
leasehold interest in the Demised Premises.
(d) LESSEE shall not perform any environmental property management activities, such as, but not limited to,
burning or removal of vegetation,unless prior approval is granted by LESSOR.
(e) LESSEE acknowledges that LESSOR will allow limited seasonal hunting on the Demised Premises. LESSOR
is responsible for developing and implementing rules, protocols, and for the supervision of any hunters and
members of the public generally to guard against accidents, injury to LESSEE'S cattle, and interference with
LESSEE'S permitted use. LESSEE agrees to mow limited areas and/or shooting lanes prior to hunting
weekends upon LESSOR's request.
(f) LESSOR will engage a Range Conservationist to develop a prescribed grazing plan for the Demised Premises.
LESSEE acknowledges that he will cooperate with LESSOR and any plans that may develop for the Demised
Premises as a result of future planning. Implementation of any such plan shall require sixty (60) days written
notice to LESSEE.
ARTICLE 18. Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR
in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for
improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of
the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in
compliance with Section 713.10,Florida Statutes.
ARTICLE 19. Quiet Enjoyment
Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on paying the rental
amount and performing the covenants,terms and conditions required of LESSEE contained herein, shall peaceably and
quietly have,hold and enjoy the Demised Premises and the leasehold estate granted to LESSEE by virtue of this Lease
Agreement.
ARTICLE 20. Waiver
No failure of LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver.
ARTICLE 21. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 22. Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
ARTICLE 23. Assignment
LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by LESSEE. LESSOR
must be advised of any such assignment in writing.
8
110 vii,
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED: .
ATTEST: __ `.- .,`-` BOARD OF COUNTY COMMISSIONERS
DWIGHT E:-BRQCK-Clerk'.''' COLLIER CO TY,FL'i'IDA
- -"e I., A ' - ' /I —4--- / ,
leputy Clerk`: '. "!":- ` Tom Henning, AIRMAN
signatre
AS TO LESSEE:
DATED:
WITNESSES:
_ i LAKE TRAFFORD RANCH,LLLP,
(S/nature) a Florida limited liability limited partnership
(Print Name)
—
BY: �
THOMAS M. TAYLOR, as General Partner
/
ignature)
`"F .. L z,,3,Le,
(Print Name)
Ki7 M
LAKE TRAFFORD RANCH,LLLP,
(Signatur a Florida limited liability limited partnership
(Print ame) ► A% �40,
! CHRISTOPHER L.1:LL N, as General Partner
ature)
Aaht. Iitiol , cc,
(Print Name)
Approved as to form and legality:
Jenni er A. Belpedio
Assistant County Attorney
9
1111 ' 4
Exhibit "A"
(Legal Description of Demised Property)
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half(E'/z) of the East Half(E1/2) of the Southwest Quarter (SW1/2) of the Southeast
Quarter (SE'/) 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" W, along the south line of the Southeast Quarter (SE1/4) 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 88°57'47"W, along the south line of the Southeast Quarter(SPA) 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°58'31" 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: 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: 00052960004
All of Section 27,Township 46 South, Range 28 East,Collier County,Florida; containing 643.59 acres more or less.
AND
Property 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 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'/z) of Section 26, Township 46 South, Range 28 East, Collier County, Florida, less the North
1452.35 feet thereof and less the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) 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.
10
1 in
AND
Property Tax Identification Number: 00052680009
The Southeast Quarter (SE'/4) of the Southwest Quarter (SW'/) of Section 26, Township 46 South, Range 28 East,
Collier County, Florida; containing 40.38 acres more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the East Half(E'/2) of the East Half(E/2) 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:
Continence at the Southeast corner 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'/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 88°57'47" W, along the south
line of the Southeast Quarter(SE1/4) 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°58'31" 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.
END Legal Description
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110
Exhibit "B"
(Required Information for Annual Cattle Operation Report)
For each field:
1) Date animals are moved from one pasture to the next.
2) Name of herd.
3) Number of animals in the herd.
4) Field the animals were moved from.
5) Field the animals are moved to.
6) Notes on forage conditions when animals are moved into and out of each field(i.e. forage height,forage
quality,weeds,insects,etc.).
7) Body condition score of animals when they are moved.
8) Notes on management activities that have been conducted, such as when supplement feeders were moved,and
when weeds were sprayed.
13