Agenda 09/13/2016 R Item #16A49 16.A.49
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the First Amendment to Lease Agreement with the Florida
Department of Agriculture and Consumer Services, Florida Forest Service, revoking the March 8,
2016, Notice of Termination, and extending the term of the lease for Forestry's administrative
offices and operations facility on Randall Boulevard until September 30, 2021, with the option to
terminate at any time with 180-days notice.
OBJECTIVE: To keep the Florida Forest Service offices and operations facility at their current location
on County-owned property located at the southwest corner of Randall Boulevard and 8th Street NE (701
Randall Boulevard).
CONSIDERATIONS: In September 1986, Collier County leased Tract 126, Golden Gate Estates Unit
23, to the State of Florida Department of Agriculture so that the Forest Service could establish a base of
operations for a fire protection facility for "the sole purpose of protecting the lives and property of the
Citizens of Collier County,Florida."
The initial lease term was for twenty (20) years, and provided for an unlimited number of five (5) year
automatic renewals, unless either party delivers unto the other party, 180 days prior to the next expiration
date,notice of its intent to terminate the lease at the end of the renewal term.
Since the expansion of Randall Boulevard may very well result in the need to relocate the Forest Service
operation, it was necessary to issue the required 180 day notice of intent to terminate the lease. The
County provided to the Forest Service a Notice of Termination letter dated March 8, 2016, with a
termination date effective September 30, 2016. (See the attached executive summary and copy of the
letter signed by the Board Chairman served upon the Forest Service in the manner proscribed in the
original lease.)
There is no immediate need for the Forest Service to vacate the property at this time, however, the future
expansion of Randall Boulevard requires greater flexibility in lease termination provisions than currently
exist under the original lease. The attached Amendment to Lease Agreement revokes the Notice of
Termination dated March 8, 2016, and extends the Lease until 2021, with automatic five-year renewals,
as in the original lease, however, either party may exercise the option to terminate at any time, with 180-
days notice of termination. This will allow the County to terminate the lease once the construction of the
Randall Boulevard improvements is imminent,while allowing the Forest Service enough time to relocate.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The Forest
Service pays its"rent"by providing its service to the citizens of Collier County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -ERP
RECOMMENDATION: To approve the First Amendment to Lease Agreement with the Florida
Department of Agriculture and Consumer Services, Florida Forest Service, revoking the March 8, 2016,
Notice of Termination and extending the term of the lease until September 30, 2021, with the option to
terminate at any time with 180-days notice.
Packet Pg. 1009
1 6.A.49
09/13/2016
Prepared By: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1.Deed from Slezak to Collier County (PDF)
2. Forest Service Lease Agreement(PDF)
3. Location Map for ES (PDF)
4. Pages from Randall Blvd 30%Plans (PDF)
5. 3-8-16 Lease Termination Letter Signed by Chairman (PDF)
6.Amendment Approved by Emily (PDF)
Packet Pg. 1010
1 6.A.49
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.49
Item Summary: Recommendation to approve the First Amendment to Lease Agreement with the
Florida Department of Agriculture and Consumer Services, Florida Forest Service, revoking the March 8,
2016,Notice of Termination,and extending the term of the lease for Forestry's administrative offices and
operations facility on Randall Boulevard until September 30, 2021, with the option to terminate at any
time with 180-days notice.
Meeting Date: 09/13/2016
Prepared by:
Title: Manager-Right of Way—Transportation Engineering
Name: Kevin Hendricks
07/27/2016 12:42 PM
Submitted by:
Title: Division Director-Transportation Eng—Transportation Engineering
Name: Jay Ahmad
07/27/2016 12:42 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 08/08/2016 12:55 PM
Transportation Engineering Jay Ahmad Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 1:49 PM
Growth Management Department Lisa Taylor Level 1 Sim.Reviewer 1-8 Completed 08/09/2016 9:39 AM
Growth Management Department Allison Kearns Level 1 Sim.Reviewer 1-8 Completed 08/13/2016 10:24 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/17/2016 10:36 AM
County Attorney's Office Debbie Allen Level 2 Attorney Review Skipped 08/25/2016 2:12 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2016 2:34 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/25/2016 3:06 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/29/2016 11:02 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/29/2016 1:35 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
Packet Pg. 1011
Q0955916 (985 SEP -6 PA 2; 26 0 1 1 5 4 u u 16.A.49.a
fGC• .IR COUNI:Y RECORDED ; OR BOOK PAGE
$ 12.000.0'0 consideration
$ 1 5.00 recording
$ 60,00 state.stamps
WARRANTY DEED
{ THIS WARRANTY DEED made the 29th day of August , A.D. 19 85 , by
!7 JOHN SLEZAK and IRENE C. SLEZAK,
husband and wife
hereinafter called the grantor, to
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
hereinafter called the grantee, whose post office address is:
3301 E. Tamiami Trail, Naples, Florida 33962
(Wherever used herein the term "grantor" and "grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporation.)
WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other q�
{ valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, 4
sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain d
land situate in Collier County, Florida, viz: _I
Tract 126, Golden Gate Estates, Uni0b, in accordance with andIn
subject to the plat recorded in Plat Book 7, page 9, Public Records
of Collier County, Florida.
--- _ Received $ D.� `O
1 Dx:Vmrnlaly `trmrTax
r `�` *- ,i, Ccllicr:_^L;nt •, Fl:;lida co
'"---<‘,194.1,i I. Reagan .rk r-
c)
'„` \ /
" _ V
( f°fes l (1'` r \ °; ��` \ j
tlff f H
,, `IS i m
TOGETHER with all nth to nemen ' h rediita>�et s ands ppurt enlsmces thereto belonging or U
in anywise appertainin '---"' �--'." c--''r:"s 1 ,.:,,„,,/
�
TO HAVE AND TO HOL11,�th �
p same in fee simpleever.1 /-.,, j Y
AND the grantor her`e�b3 cod�t
venants with said grraee that�.the grantor is lawfully cfl
seized of said land in `fef es'imple; that the granto�`ibae good "tight and lawful authority 2
to sell and conveysaid 1, `•
a ;°that the grantor hereb}iwll warrants the title to said
land and will defend the eine ainst the lawful claims of l"1 persons whomsoever; and in
that said land is free of a1-i.ehcumbrances, except..-tax& a.c°truing subsequent to E
December 31, 19 84 , easements,reiitri ions-alt re's4Tvat`ions of record and restrictions 2
and easements common to the subo"ivis ` CIV..._‘-',.----"' Ili
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and 0
year first above written.
SIGNED, sealed and d ivered in our presence. l - ++
gaialp,71 4 NC7l /i�s� �1 LL cc// L.S. E
it ss No. 1 �' c
C:;?
I ,1�� Agar
r_ L.S.
Witness No. 2 IRE E C. SLEZAK / Q
STATE OF GEORGIA
COUNTY OF HOUSTON
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared
JOHN SLEZAK & IRENE C. SLEZAK
to me known to be the person(s) described in and who executed the foregoing instrument:. ..
and acknowledged before me that ,they executed the same. WITNESS myrhatfcCagd ficial,-
seal in the County and State last aforesaid this 29th day4):of ..A1.1 .rl. ,. ""''•1.9'85
My Commission Expires: 6/i / r
ototaic • _.c..!../.,..'-,.,. .,"
•.- ler.' .- e
\\\\ (SEAL :'. ` :.;. .- L?
Return to preparer: -J :-s-.'t9•.•. .`'.'.. i `' :'
This instrument prepared by: P.R. Coleman, Midwest Title Guarantee Co. .gf laja, 9p,6;'No '
Tamiami Trail, Suite A, Naples, FL 33940, in conjunction with the issuance.of•.`tiele 'insure
File No. 11526 / MCM/bz '`' ' _..- RKn;d,,,cold v.rlrl
In 4tt¢iol r.n rnr:,
Mtllrr.Cr'I:t:T'rlr,...._..
WItCrPld 1.kt
CIO,of Clrcolt CoCourt
. Packet Pg. 1012
0 16.A.49.b
•
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into this 73r,1 day of Sept. , 1986,
between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES-
FORESTRY DIVISION, hereinafter referred to as "LESSEE", and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA hereinafter referred as "LESSOR", and
sets forth the terms and conditions for utilization of property located at the
corner of Randall Road and 8th Street NE by the Division of Forestry.
WITNESSETH
ARTICLE 1. Demised Premises
w
In consideration of the services provided and the performance of the 0
covenants hereinafter set forth, LESSOR hereby leases to LESSEE and LESSEE
a
hereby rents from LESSOR the property described as follows: LL
m
All of Tract 126, Unit 23, Golden Gate Estates according to
plat thereof recorded in Plat Book #7, Page 9, of the Public Records
of Collier County, Florida, (containing t 5.46 acres).
hereinafter called the "Demised Premises", (as shown in Exhibit "A", attached
hereto and made a part hereof) situated in the County of Collier and State of
c4
Florida, for the sole purpose of operating a fire protection facility. 0
d
ARTICLE 2. Term of Lease
N
To have and to hold for a term of approximately twenty (20) years,
w
L
commencing on the date of execution of this Lease Agreement by the parties i°
hereto and ending the last day bf September, 2006. Provided that this lease is E
in full force and effect at the termination date, this lease shall
auto-matically be renewed for successive five (5) year terms (renewal terms),
all without any lapse whatsoever, unless one party gives the other party notice
of termination of this lease prior to expiration of any term, which notice must
be given at least one hundred eighty (180) days prior to the expiration of the
Initial Term or any renewal term. Notice of termination shall be given in
writing by registered or certified mail.
ARTICLE 3. Minimum Rent
In lieu of rent payments, LESSEE hereby agrees that the State of Florida
Department of Agriculture and Consumer Services - Forestry Division shall
provide fire protection when such need arises, for the sole purpose of pro-
tecting the lives and property of the Citizens of Collier County. Such
1
Packet Pg.1013
• 16.A.49.b
• III 411
pro-tection will be provided by LESSEE pursuant to its powers, authority and
duties described in Section(s) 589.04, 590.02 and 590.025, Florida Statutes.
ARTICLE 4. Lessee's Default in Payment
In the event LESSEE fails to provide services as required under the
provisions of this Lease Agreement, such failure to provide services as de-
scribed shall constitute a default and LESSOR may, at its option, terminate
this Agreement after ninety (90) days written notice to LESSEE, unless the
default be cured within the notice period.
ARTICLE 5. Modification to Demised Premises
The parties agree that LESSEE may enter onto the Demised Premises as of
the commencement date, but shall not build upon or use said premises as pro-
vided in this Lease Agreement until LESSEE obtains any permits or provisional
d
use approval required under the Code of Laws and Ordinances of Collier County, 0
Florida prior to such activity, construction and use of said premises.
0
Prior to making any changes, alterations, additions or improvements to the u..
Co
Demised Premises, LESSEE will provide to LESSOR all proposals and plans for
alterations, improvements, changes or additions to the Demised Premises for
0
LESSOR'S written approval, specifying the nature and extent of the desired m
rn
alteration, improvement, change, or addition, along with contemplated starting
and completion time for such project. LESSOR or its designee will then have
0
thirty (30) days within which to approve or deny in writing said request for
0
changes, improvements, alterations or additions. LESSOR shall not unreasonably
y
withhold its consent to required or appropriate alterations, improvements,
LL
changes or additions proposed by LESSEE. If upon obtaining written consent and
s
commencing said changes, alterations, additions, or improvements, LESSEE fails
to complete its work once begun within the completion time as approved by
LESSOR, LESSOR may at its election complete said changes, improvements, alter-
ations, or additions. If any costs are incurred by LESSOR as the result of
LESSEE'S failure to begin, start or complete the proposed project and by
LESSOR'S completion of the proposed project, then upon demand and within ninety
(90) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred
by LESSOR. No election to perform by LESSOR shall constitute waiver of any
covenant or obligation of LESSEE or any future default.
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
2
PacketPg.1014
411 1 6.A.49.b
observe and comply with all present and future laws, ordinances, rules,
regulations, and requirements of the United States of America, State of
Florida, County of Collier, and any and all governmental agencies.
Except as otherwise provided 'herein, all alterations, improvements, and
additions to said Demised Premises shall be made in accordance with all
applicable laws and shall at once, when made or installed, be deemed as
attached to the freehold and to have become property of LESSOR and shall remain
for the benefit of LESSOR at the end of the terms or other expiration or
termination of this Lease in as good order and condition as they were when
installed, reasonable wear and tear excepted; provided, however, if prior to
the termination of this Lease, or within ninety (90) days thereafter LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations,
fixtures and installations which were placed in, on or upon the Demised
Premises by LESSE and which are designated in said notice. Notwithstanding
the foregoing, LESSEE shall at all times during the term of this Lease or �-
within thirty (30) days following the termination thereof, retain the right to
remove any mobile homes, modular buildings or fire tower owned by LESSEE and m
E
temporarily placed on the Demises Premises by LESSEE during the term of this 07
Lease. LESSEE shall repair any damage occasioned to the Demised Premises by 0
such removal and in default thereof, LESSOR may effect said removals and 0
repairs at LESSEE'S expense.
d
LESSEE agrees to designate the southern portion of the Demised Premises as
a "preserve", as defined by the Collier County Natural Resources Management i°
Department. The preserve shall remain undisturbed for the duration of this
Lease Agreement. This preserve may be used by either LESSEE or LESSOR for Y
educational purposes (e.g. nature trails etc.) at no charge to either party.
LESSEE also agrees, to use crushed rock or paver bricks in lieu of asphalt for
the driveway/access road leading to the proposed modular homes, as requested by
the Collier County Natural Resources Management Department. LESSEE also agrees
to, acknowledges and accepts the EAC Stipulations stated in Exhibit "B",
attached hereto and made a part hereof.
Any personal property placed by LESSEE upon the Demised Premises are to
s'
remain LESSEE'S property and may be removed from the Demised Premises at the
expiration of the lease term, except as herein provided.
3
Packet Pg.1015
16.A.49.b
Upon commencement of the term of this Lease, LESSEE shall operate a fire
protection facility as described above on the whole of the Demised Premises in
a businesslike and reputable manner.
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
other than described above.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall
have the right after reasonable notice to LESSEE, to enter into and upon the
Demised Premises or any part thereof at all reasonable hours for the purpose of
making such repairs or janitorial service provided therein, and for the
purposes of inspection for compliance with the provisions of this Lease
a
N
Agreement.
ARTICLE 7. Assignment and Subletting
y
•
LESSEE covenants and agrees not to assign this Lease or to sublet the
m
whole or any part of the Demised Premises, or to permit any other persons to
occupy same without the written consent of LESSOR. Any such assignment or
subletting, even with the consent of LESSOR, shall not relieve LESSEE from
liability for payment of rent or other sums herein provided or from the a
obligation to keep and be bound by the terms, conditions and covenants of this
Lease. The acceptance of rent from any other person or organization shall not
be deemed to be a waiver of any of the provisions of this Lease or to be a
a
consent to the assignment of this Lease or subletting of the Demised Premises. �`oy
ARTICLE 8. Indemnity and Insurance
E
LESSEE covenants and agrees that it will defend, protect, save and keep
LESSOR forever harmless and indemnified against and from any penalty, damage, Zt
injury costs, or charges imposed for any violation of any law or ordinance,
whether occasioned by the neglect of LESSEE or those holding under LESSEE, and
that LESSEE will at all times defend, protect, indemnify and save and keep
harmless LESSOR against and from all claims, loss, injury, costs, damage or
expense arising out of or from any accident or other occurrence on or about the
Demised Premises causing injury to any person or personal property whosoever •
and whatsoever, during the term of this lease or any extension hereof.
The execution of this document shall in no wise constitute a waiver of the
sovereign immunity rights of the parties under Chapter 768 of the Florida
Statutes.
4
Packet Pg.1016
• 16.A.49.b
ARTICLE 9. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises
clean at all times. If said Demised Premises are not kept clean in the opinion
of LESSOR, LESSEE'S manager will Abe so advised in writing. If corrective
action is not taken within five (5) 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 constitute additional rent
which shall be paid by LESSEE within. ten (10) days of receipt of written notice
of costs incurred by LESSOR.
ARTICLE 10. Utilities and Services
All utilities and services shall be the responsibility of the LESSEE.
LESSEE shall be responsible for the direct payment to the appropriate company
R
for all utilities and services supplied to the Demised Premises.
ARTICLE 11. Defaults by Lessee
L
Failure of LESSEE to comply with any provision or covenant of this Agree- uo
ment shall constitute a default, and except as provided for in Article 4 above,
LESSOR may, at its option, terminate this Agreement after ninety (90) days c
E
written notice to LESSEE, unless the default be cured within the notice period d
L
(or such additional time as is reasonably required to correct such default). `_
However, the occurrence of any of the following events shall constitute a 0
default by LESSEE, and this Agreement shall automatically terminate ipso facto,
d
notwithstanding the provisions of Article 11 herein:
d
L
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S °
c
operation. d
E
(b) Falsification by LESSEE or an agent of LESSEE of any report
required to be furnished to LESSOR pursuant to the terms of
this Lease.
In the event of the occurrence of any of the foregoing defaults in this
Article 11, LESSOR, besides other rights and remedies it may have, shall have
the immediate right to cancel this Lease and reenter and remove all persons and
property from the Demised Premises.
ART,CLE 12. 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 such additional time as is
5
Packet Pg.1017
• • 16.A.49.b
reasonably required to correct such default) after notice to LESSOR by LESSEE
properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 13. 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:
Board of County Commissioners Hank Graham, District Forester
Real Property Administration State of Florida
Building "D" Division of Forestry
3301 East Tamiami Trail Route 28, Box 258
Naples, Florida 33962 Ft. Myers, Florida 33905
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR pos-
session of the Demised Premises and any non-removed improvements to the Demised
Premises upon ninety (90) days after expiration of this Lease, or its earlier
a
termination as herein provided, broom clean and in as good condition and repair y
as the same shall be at the commencement of the term of this Lease or may have
d
been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and
m
tear and damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 15. General Provisions
d
LESSEE fully understands that the police and law enforcement security
protection provided by law enforcement agencies for the Demised Premises is `z
d
limited to that provided to any other business or agency situated in Collier J
d
County, and acknowledged that any special security measures deemed necessary
d
for additional protection of the Demised Premises shall be the sole responsi- N
d
bility and cost of LESSEE and shall involve not cost or expense to LESSOR. i`o
LESSEE agrees, at its own cost and expense, to procure and continue in m
E
force general liability insurance covering any and all claims for injuries to 0
persons occurring in, upon or about the Demised Premises. a
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 standard operations where other
operations share common facilities.
ARTICLE 16. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR
and LESSEE.
6
Packet Pg.1018
• 16.A.49.b
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
AS TO THE LESSOR:
DATED: September 23, 1986
ATTEST BOARD OF COUNTY COMMISSIONERS
JA ES^ S',:-Clerk COLLIE: CO- TY, ORIDA�
•
ai•r-inia ,•Zags By d% i
ri. .'I, A. PISTOR, Chairman
Deputy CLerk
AS TO LESSEE:
14nTt{� 9-1fl Ifo
r):1)--W p x)77 /)1 By: A .4r, r/1--
WITNESNNER, Commissioner
DEPARPMENT OF AGRICULTURE
AND CONSUMER SERVICES
Pa DIVISION OF FORESTRY R
WI NESS
Approved as to forth and
legal sufficie c Appr. e, as t. or a leg.li (1)6"
7,Ch( By: •t...1- �1� •
dviuC. Weigel Senior Attorney.
Assistant County t rney
c
m
E
a,
a,
Q
a,
N
m
a,
J
m
V
a,
N
N
m
O
LL
C
E
0
U
a
•
s'
7
Packet Pg.1019
' i , • .- 0 v( 1 •gA/vW. 0 — ,c1 16.A.49.b
/ • i EXHIBIT "A"
k
1 • ' . 4572 / 4"2 rt/e.
1 ' • f,
r"
J Z
t A..
` v.
T 7
i 1 4 Li: t7 -
-,..............
ito
to
LL
j 1 o
14
j. 1
1
a
i •
s
-..1.) i 1 \ 0
y _ a
r ,
V ?
• 1
4
k .
, ;.
; :
A .
t
•
(..,..., .
1 1
• r• si / (-Zi • , N•
I• i 'I�! Packet Pg.1020
` y _ • 16.A.49.b
EXHIBIT "8"
EAC STIPULATIONS
1. A site clearing plan shall be submitted to the Natural Resources
Management Department and the;Community Development Division for their
review and approval prior to any substantial work on the site. This plan
may be submitted in phases to coincide with the development schedule.
The site clearing plan shall clearly depict how the final site layout
incorporates retained native vegetation to the maximum extent possible
and how roads, buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal.
2. Native species shall be utilized, where available to the maximum
extent possible in the site landscaping design. A landscaping plan will
be submitted to the Natural Resources Management Department and the
Community Development Division for their review and approval. This plan
will depict the incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be the re-creation
of native vegetation and habitat characteristics lost on the site during
construction or due to past activities.
3 All exotic plants, as defined in the County code, shall be removed 7
during the phase of construction from development areas, open space area,
and preserve areas. Following site development a maintenance program
shall be implemented to prevent re-invasion of the site by such exotic 'c
species. This plan, which will describe control techniques and
inspection intervals, shall be filed with the approved by the Natural `o
Resources Management Department and the Community Development Division.
to
0
4. If, during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical site,
artifact, or other indicator is discovered, all development at that
location shall be immediately stopped and the Natural Resource Management 2
Department notified. Development will be suspended for a sufficient
length of time to enable the Natural Resources Management Department or a a
designated consultant to assess the find and determine the proper course
of action in regard to its salvageability. The Natural Resources
Management Department will respond to any such notification in a timely
. and efficient manner so as to provide only a minimal interruption to any
constructional activities. co
N
5. The modular home should be strategically located to minimize clearing
within the pine flatwoods of the parcel.
6. The South portion of the parcel shall be preserved.
7. Detailed site drainage plans shall be submitted to the county engineer
for review. No construction permits will be issued unless and until
approval of the proposed construction, in accordance with the submitted
plans, is granted by the county engineer.
8. Any O.S.D.S. must conform to 10D-6-FAC. Any establishment requiring
a CCPHU permit must submit plans for review and approval.
PacketPg.1021
Casae- Ra�sa�o� : 90L6) S3 ao�deIN
uo�;eoo� :;uauayoe�;y
O) N
4.4
N
O
co
04
ti
0.
a
t `7 i t�=5.'. ;� • t ,gyp ¢ � �,
r�, *rye=� 41, �"� � r 1
�1 x
P"
So) -, ,. i �` I-
Z �"EA '# � t �T��4 �' rye" � �' � � M+B iZ �
`"� ' x } {'' ' '"'"A':-.All.,..",:r
K , "'r° } ? , ";14. h v J L. #, ,¢ . ,,
in :,,,,,''''''''''"7'\: *"..-
3" "w'' � '�' it +.'' j +a y� W #F i , 4.
ULU ;+, � � W Wit" �
•
LU
� I
f re Y �'�3 x 4c � �� b t ;_
t a. � a
" � to
� n-4,,', r�/ �� � e; � ,.zit� • � It it ..�� .
O "s `g".yt�y, I•, .t A - 1 .'S^:^* ±:.♦ 1Tr t. 4y
LL q '.ham ` .a" .#, � p,^ -: 1 j- t -,:.,*-: -. -1, : . ., - z e 4 "
d -..:,.t...,:_-,-,.;....--...
rim v t.,..�P'' l Y ° - '7jr ><+�.
U • Y �' i c ra qp d ; b,3�;Y{MatTp"M �i.Gt r ` � •t t lr"" t r' a
# �� '''*,":;...-1-.1.7"...'''. � �; g x,,,"4 t-4,4•:::,-:-.„,..
' '':''°. ?� a' �, Y � +, �,u c.+w v d , 2C, *�" y s A,
"?'''74'li.,."'''
' �,S'o `°'-
% .L ...,..-:.'-',4".1*
�wYy , ai`„ S' •-'vr# t"S�." - ♦ x...I—
• -;rn '
,_.„. ,
� r��� � ��r�' '� �t �`�L �t; z '� F�'�it#! +tl .'�w ,� } .� w,�r:,:H a0
_, ,
1 ' , MR� bad \.$ ' '--.kirS y,
i1; t ° ., Cs • . . a �a,ae° f 7 4 Y , y ✓ _ ,.._, ,,‘,.,-"1,
,.fi .�11. q
i .,57x,.. - '...:7,17,-;;;;;,,,7,,,,7,-,
...
a" "- dsz..,,''m ¢r, v -r ,, ± „^m ' x; jw'.' "". ''
"ri' "" `� ' k
i
};,. w t'TM j - r t y f
,+ y `z!,u r,,, -, taI '£ Y.' "i t; { "'� 7 aJ ! '-
, ,
t � it ,* • +t`g a e 'f i t`= 46.,_-, .t ib ,"4,,- , 3
;kt�"*'. �rr �: ,�,' s:�i to +cs_ -l',4 a - ''�"d" Sx v `.k.� "`�+� *w:f_ .a,'S :.`'."a.
faseai Aialsaaod:9QLI) sueid%0£P^I9 Ilepuea wail sabed:luawipep.yN4 -I- zI I IM= '� rnrr1- cv aN �I' 1 --YAI4 ( oWo _ a 1 o oa
W a
1\ I Id w oxN c
L,
I I)oO
` + I
N Iw OZQZ
1313
ll ) /1 -
00'L I+ZZSHIS
Ind
�y +-
s
t
CSFk t
in 1 I I a
-
"xIa6iik1O+
o
Q to
N
I OI� III Oa
, o 124fp w 11 + a, 0
✓1 o
I I a
) �j o
O11o
I I i 1 ` IR'.., of az4'
1 i
l
I w—
I �I I a
i t.,
- W m
O I a'
�' o m
I 0
_ — f Qa
o 1--- ao a
I II xU
Q
o
I
"aw
1 I I� g 41( o
2i I w
k' +' I I O O C]
kMI
1 L 6l = \3131 0
I i 1 * Q F
I 11 00'7+61.g 'VISo
I h I TA'd a o
t I V 0 III
cp.
o i iI I o'
+
i II `n ( 1 1 °oma
�I I 1 !w:o::z
'1/R
x
j o<ggg
I u owe
iu
;i
o I �g
O . � I
k I
+ _
1 co II — T I co ,
o :7-) -
I G I cl ')1h I
a I I I
11 T
I
44
W I I
I
IV I I IIv
i 'cc I
cp I 0 l I
0 I 0+
+ 1
I wn i � i I I ' I/ :'I'
I I II „ ,... ] If l Ii ISI II iI `� '. , 11 I
v (asee-I Ai;saJod:got 1..) sueid%o£PAIS Ilepuea ww
oJ}se6ed:;uayaelIV
d
a;
v
I • I I I o d i o
I I r { rnz
o
N ° w v o.w i nI in I f y
C ' 0i Ii I X IIp I N
t � II oo0I G
LL.i EL
I
I I l\ I.
IE 4 { — 1
II II I
1 1
0
° \
I \ 3'N133b1S H12 _ ' o'"QZ t'
I 1
'R '
x): ':
(I I z < _ � I OZ'QZ X3134 ?
-
e
I 1 ZL 9+LZS VIS o
— I%—
I 0
lor� . ,illo �� �
., 00+6 rnd o
ii i ",Z
.
o
Q
,,,
I,,
tioII o.,. r ----
w� G' �
oaa
I 0+ Wo
+
II CN
Ln
CD
Co V1 c a o
o
Z '
I I 11
i II I I
+
cn
(xCC
1Ymo �i
0 - F zw
N
m
o ,I t �� � w w�
w
o
iec
n imp iI rd
G Iv>
I I 11 or..., sC4 e4
piN
Lw
I) i z
I oCC
a m 0 0 q
Ga
I ) 1 I I �, 4 13 d 2
�If �..�_ j F �� W, al 0
d rx
F`"
i
� f ca
InN
cz
Li 421
IAd1
I l� 1 ��
Ii ,LII
_ wzo
1
o
11r 11
NH
II w oWBE?9
I I I II I r I aD _
—I o g
li � � 0m
1 I + 1 +—
N ;I , � a
\I I
O
1 0.
I III I
u
1 I I -
a
O z�
O ° ( 0
\ II �
I d II,r,`�.., l� 111 I I III I til Will.
1 6.A.49.e
Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning Penny Taylor Tim Nance
District 1 District 2 District 3 District 4 District 5
March 8, 2016
CS
C)
J
Mr. Hank Graham
Florida Department of Agriculture and Consumer Service -Florida Forest Service d
10941 Palm Beach Boulevard
Fort Myers, Florida 33905
ti
Re: Lease Agreement
710 Randall Boulevard,Naples, Florida
Dear Mr. Graham:
U
This letter shall serve as Collier County's notice of intent to terminate the lease of that certain
property located at the Southwest corner of the intersection of 8th Street NE and Randall a)
Boulevard, having an address of 710 Randall Boulevard, and being more particularly described N
as All of Tract 126, Golden Gate Estates Unit No. 23, according to the plat thereof, recorded in ,
the official records of Collier County, Florida, in Plat Book 7, Page 9 (Lease Agreement dated J
September 23, 1986, a copy of which is enclosed herewith).
E
Sincerely, CD
1;&
-J
41142400CO
CO
Chairman Donna Fiala
District One Commissioner
Board of County Commissioners of Collier County, Florida.
ea
3\q,\tom
3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 Packet Pg. 1025
I6.A.49.f
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") entered into this 13th
day of September, 2016, by and between the State of Florida, Department of Agriculture and Consumer
Services — Florida Forest Service, hereinafter referred to as "Lessee," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as"Lessor."
RECITALS:
WHEREAS, the parties entered into a Lease Agreement dated September 23, 1986 (hereinafter
referred to as the"Lease"), a copy of which is attached; and
WHEREAS, by letter dated March 8, 2016, Lessor gave due notice that it was terminating the
Lease, which termination would have been effective September 30, 2016; and
a)
WHEREAS, the parties wish to extend the term of the Lease on the terms and conditions set
forth below.
LL.
WITNESSETH:
ti
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the
Lease is hereby amended as follows:
a)
1. Lessor hereby revokes the March 8, 2016 Notice of Termination. o
2
Q
2. ARTICLE 2 of the Lease is hereby amended so that the term of the Lease will expire
September 30, 2021, with the Lease automatically renewing for successive five year terms thereafter.
Either party shall have the right to terminate the Lease at anytime by giving the other party Notice of -0
Termination at least 180 days in advance.
3. Except as expressly provided herein, the Lease Agreement remains in full force and
effect according to the terms and conditions contained therein. If there is a conflict between the terms of
this Amendment and the Lease Agreement dated September 23, 1986, the terms of this Amendment
shall prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 1 of 2
Packet Pg. 1026
16.A.49.f
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSOR:
DATED: September 13, 2016 BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
By :
DONNA FIALA, Chairman
By:
Deputy Clerk
N
C)
L
Q
L
AS TO THE LESSEE: DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
FLORIDA FOREST SERVICE
DATED: E
w
By:
Witness (signature) o
L
Q
(Print Name and Title) c.
(print name)
E
C)
E
Witness (signature)
(print name)
Approved as to fo and legality:
AP
- frey A. K1,4 ow, County Attorney
Page 2 of 2
Packet Pg. 1027
• 16.A.49.f
•
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into this zd day of Sept. , 1986,
between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES-
FORESTRY DIVISION, hereinafter referred to as "LESSEE", and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA hereinafter referred as "LESSOR", and
sets forth the terms and conditions for utilization of property located at the
corner of Randall Road and 8th Street NE by the Division of Forestry.
WITNESSETH
a,
N
tSf
u)
J
ARTICLE 1. Demised Premises
U)
In consideration of the services provided and the performance of the 2
O
covenants hereinafter set forth, LESSOR hereby leases to LESSEE and LESSEE u'
UD
hereby rents from LESSOR the property described as follows: c
ti
y-
All of Tract 126, Unit 23, Golden Gate Estates according to
plat thereof recorded in Plat Book #7, Page 9, of the Public Records
of Collier County, Florida, (containing t 5.46 acres). E
W
hereinafter called the "Demised Premises", (as shown in Exhibit "A", attached11
hereto and made a part hereof) situated in the County of Collier and State of
O
Florida, for the sole purpose of operating a fire protection facility. Q
c_
ARTICLE 2. Term of Lease
G
To have and to hold for a term of approximately twenty (20) years.
73
commencing on the date of execution of this Lease Agreement by the parties
hereto and ending the last day of September, 2006. Provided that this lease is
in full force and effect at the termination date, this lease shall
auto-matically be renewed for successive five (5) year terms (renewal terms),
c)
. all without any lapse whatsoever, unless one party gives the other party notice
of termination of this lease prior to expiration of any term, which notice must
be given at least one hundred eighty (180) days prior to the expiration of the
Initial Term or any renewal term. Notice of termination shall be given in
writing by registered or certified mail.
ARTICLE 3. Minimum Rent
In lieu of rent payments, LESSEE hereby agrees that the State of Florida
Department of Agriculture and Consumer Services - Forestry Division shall
provide fire protection when such need arises, for the sole purpose of pro-
tecting the lives and property of the Citizens of Collier County. Such
1
Packet Pg. 1028
. 16.A.49.f
pro-tection will be provided by LESSEE pursuant to its powers, authority and
duties described in Section(s) 589.04, 590.02 and 590.025, Florida Statutes.
ARTICLE 4. Lessee's Default in Payment
In the event LESSEE fails to provide services as required under the
provisions of this Lease Agreement, such failure to provide services as de-
scribed shall constitute a default and LESSOR may, at its option, terminate
this Agreement after ninety (90) days written notice to LESSEE, unless the
default be cured within the notice period.
ARTICLE 5. Modification to Demised Premises
The parties agree that LESSEE may enter onto the Demised Premises as of
N
the commencement date, but shall not build upon or use said premises as pro-
vided in this Lease Agreement until LESSEE obtains any permits or provisional �+
use approval required under the Code of Laws and Ordinances of Collier County,
0
Florida prior to such activity, construction and use of said premises. u"
c0
Prior to making any changes, alterations, additions or improvements to the o
ti
Demised Premises, LESSEE will provide to LESSOR all proposals and plans for
alterations, improvements, changes or additions to the Demised Premises for E
LU
LESSOR'S written approval, specifying the nature and extent of the desired
alteration, improvement, change, or addition, along with contemplated starting >
0
and completion time for such project. LESSOR or its designee will then have
thirty (30) days within which to approve or deny in writing said request for `C
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 upon obtaining written consent and Q
commencing said changes, alterations, additions, or improvements, LESSEE fails
to complete its work once begun within the completion time as approved by
LESSOR, LESSOR may at its election complete said changes, improvements, alter-
ations, or additions. If any costs are incurred by LESSOR as the result of
LESSEE'S failure to begin, start or complete the proposed project and by
LESSOR'S completion of the proposed project, then upon demand and within ninety
(90) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred
by LESSOR: No election to perform by LESSOR shall constitute waiver of any
covenant or obligation of LESSEE or any future default.
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
2 J
Packet Pg. 1029
16.A.49.f
observe and comply with all present and future laws, ordinances, rules,
regulations, and requirements of the United States of America, State of
Florida, County of Collier, and any and all governmental agencies.
Except as otherwise provided 'herein, all alterations, improvements, and
additions to said Demised Premises shall be made in accordance with all
applicable laws and shall at once, when made or installed, be deemed as
attached to the freehold and to have become property of LESSOR and shall remain
for the benefit of LESSOR at the end of the terms or other expiration or
termination of this Lease in as good order and condition as they were when
installed, reasonable wear and tear excepted; provided, however, if prior to
the termination of this Lease, or within ninety (90) days thereafter LESSOR so
-J
directs, LESSEE shall promptly remove the additions, improvements, alterations, L
fixtures and installations which were placed in, on or upon the Demised 2
0
Premises by LESSE$ and which are designated in said notice. Notwithstanding u-
OD
the foregoing, LESSEE shall at all times during the term of this Lease or
within thirty (30) days following the termination thereof, retain the right to
remove any mobile homes, modular buildings or fire tower owned by LESSEE and E
temporarily placed on the Demises Premises by LESSEE during the term of this
Lease. LESSEE shall repair any damage occasioned to the Demised Premises by
O
such removal and in default thereof, LESSOR may effect said removals and
repairs at LESSEE'S expense. Q
LESSEE agrees to designate the southern portion of the Demised Premises as
a "preserve", as defined by the Collier County Natural Resources Management
Department. The preserve shall remain undisturbed for the duration of this Ct
Lease Agreement. This preserve may be used by either LESSEE or LESSOR for
educational purposes (e.g. nature trails etc.) at no charge to either party.
U
• LESSEE also agrees, to use crushed rock or paver bricks in lieu of asphalt for 6
Q
the driveway/access road leading to the proposed modular homes, as requested by
•
the Collier County Natural Resources Management Department. LESSEE also agrees
to, acknowledges and accepts the EAC Stipulations stated in Exhibit "B",
attached hereto and made a part hereof.
,,Any personal property placed by LESSEE upon the Demised Premises are to a,
remain LESSEE'S property and may be removed from the Demised Premises at the
expiration of the lease term, except as herein provided.
3
Packet Pg. 1030
-111
•. . • 16.A.49.f
Upon commencement of the term of this Lease, LESSEE shall operate a fire
protection facility as described above on the whole of the Demised Premises in
a businesslike and reputable manner.
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
other than described above.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall
have the right after reasonable notice to LESSEE, to enter into and upon the
Demised Premises or any part thereof at all reasonable hours for the purpose of
1
making such repairs or janitorial service provided therein, and for the
J
purposes of inspection for compliance with the provisions of this Lease
rt..
Agreement. 01
O
ARTICLE 7. Assignment and Subletting{ u-
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 without the written consent of LESSOR. Any such assignment or
W
subletting, even with the consent of LESSOR, shall not relieve LESSEE from Q
liability for payment of rent or other sums herein provided or from the ami
obligation to keep and be bound by the terms, conditions and covenants of this O
O.
tZ
Lease. The acceptance of rent from any other person or organization shall not et
be deemed to be a waiver of any of the provisions of this Lease or to be a 0
73
consent to the assignment of this Lease or subletting of the Demised Premises.
O
ARTICLE 8. Indemnity and Insurance - Q
LESSEE covenants and agrees that it will defend, protect, save and keep
w
LESSOR forever harmless and indemnified against and from any penalty, damage,
U
injury costs, or charges imposed for any violation of any law or ordinance,
•
whether occasioned by the neglect of LESSEE or those holding under LESSEE, and
that LESSEE will at all times defend, protect, indemnify and save and keep
harmless LESSOR against and from all claims, loss„ injury, costs, damage or
expense arising out of or from any accident or other occurrence on or about the
Demised Premises causing injury to any person or personal property whosoever �.
and whatsoever, during the t&rm of this lease or any extension hereof.
The execution of this document shall in no wise constitute a waiver of the
sovereign immunity rights of the parties under Chapter 768 of the Florida
Statutes.
4
Packet Pg. 1031
•
16.A.49.f
ARTICLE 9. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises
clean at all times. If said Demised Premises are not kept clean in the opinion
of LESSOR, LESSEE'S manager will Abe so advised in writing. If corrective
action is not taken within five (5) 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 constitute additional rent
which shall be paid by LESSEE within- ten (10) days of receipt of written notice
of costs incurred by LESSOR.
ARTICLE 10. Utilities and Services
All utilities and services shall be the responsibility of the LESSEE.
J
LESSEE shall be responsible for the direct payment to the appropriate company `
for all utilities and services supplied to the Demised Premises.
O
ARTICLE 11. Defaults by Lessee u-
Failure of LESSEE to comply with any provision or covenant of this Agree- o
• r
ment shall constitute a default, and except as provided for in Article 4 above,
LESSOR may, at its option, terminate this Agreement after ninety (90) days E
Ui
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).
O
However, the occurrence of any of the following events shall constitute a Q
cL
default by LESSEE, and this Agreement shall automatically terminate ipso facto, Q
.r
c
notwithstanding the provisions of Article 11 herein:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S
operation. Q
(b) Falsification by LESSEE or an agent of LESSEE of any report
required to be furnished to LESSOR pursuant to the terms of
- U
this Lease. Y
In the event of the occurrence of any of the foregoing defaults in this
Article 11, LESSOR, besides other rights and remedies it may have, shall have
the immediate right to cancel this Lease and reenter and remove all persons and
property from the Demised Premises.
ARTICLE 12. 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 such additional time as is
5
Packet Pg. 1032
16.A.49.f
i
reasonably required to correct such default) after notice to LESSOR by LESSEE
properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 13. 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:
Board of County Commissioners Hank Graham, District Forester
Real Property Administration State of Florida
Building "D" Division of Forestry
3301 East Tamiami Trail Route 28, Box 258
Naples, Florida 33962 Ft. Myers, Florida 33905
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR pos-
session
of the Demised Premises and any non-removed improvements to the Demised
Premises upon ninety (90) days after expiration of this Lease, or its earlier
6-
termination
termination as herein provided, broom clean and in as good condition and repair ai
O
as the same shall be at the commencement of the term of this Lease or may have u-
been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and o
tear and damage by fire or the elements beyond LESSEE'S control excepted.
9,
ARTICLE 15. General Provisions
W
LESSEE fully understands that the police and law enforcement security
protection provided by law enforcement agencies for the Demised Premises is 0
O
limited to that provided to any other business or agency situated in Collier
cL
County, and acknowledged that any special security measures deemed necessary Q
for additional protection of the Demised Premises shall be the sole responsi- 41
bility and cost of LESSEE and shall involve not cost or expense to LESSOR. c
0
LESSEE agrees, at its own cost and expense, to procure and continue in Q
force general liability insurance covering any and all claims for injuries to
persons occurring in, upon or about the Demised Premises.
U
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 standard operations where other
operations share common facilities.
ARTICLE 16. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR
and LESSEE.
6
Packet Pg. 1033
16.A.49.f
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
AS TO THE LESSOR:
DATED: September 23, 1986
ATTEST:,_.- BOARD OF COUNTY COMMISSIONERS
_:J$AMESJ LES,:-Clerk COLLI • COI
TY, ORIDA��/ By: =� / . ,r
VXreinia Ma.c-i •I.1' A. PISTOR, Chairman
Deputy Clerk- .
;A3' TO LESSEE: - -----
-7..
dLb L pGff A//yL By 4tM►i� ' �� m
WI ES / 7 NNER, Commissioner m
DEPART OF AGRICULTURE J
G /� AND CONSUMER SERVICES 2,
,'P(7X(� /Q• % DIVISION OF FORESTRY w
WIS • 41
L
0
Approved as to for and U
legal sufficie j:. co
e• as t• or al leg.Ii) co
hs
IIId C. Weigel Senior Attorney
Assistant County t rney �_'
. E
W
>,
Z
I. >
0
L
a
a
Q
•
. 0)
E
C
a)
.. E
Q
i,
0
E
• 0
• a
. r-,
•• Q
N.
7
Packet Pg. 1034
_-
• . - . . 16.A.49.f
-
l' . > • .1.
EXHIBIT "A"
L
•
. .k: el"- :c • 49Z fr,'"•• "df
......,1
i-..1.:- ...
• 1. . ... (
. /awc
• .
.
•
. . r • 1
. .
• ' 4
C LA •
. ,
r . .
H:i s
IL.... ......... ..
, ..0--- .• • ......
7 ) f. ..... ,............
//
1
4' a). • u)
\ ..._. •
. a)
• ,
• , ..7 -
. '
i.
1
Li r r-
-....... >,
) • .
.0
' 1:3
i C1)
--....._ Q.
r•-. . :c- sa.
; t M
; rz..-.: ' Z. L:4.1 , • \ a)
(...
1 0 :
i ..
. . 1
1 <
a)
I r f\ E
$
CO
• ; \4
,\iii\\41 •
''.‹.
'•4 I ..
1 C
1 I
. \\
4. • \
I I t C:'•t
.
•
.t. 4
. . L /.... 7................7..............- % ‘
i
, )
....
1 :
i -A . • c
I . i
1 ,
. -,••
1• • .•
1 . . -....
1 .11
, ..
:
;... 1
I .
1 Packet Pg. 1035
A
• 16.A.4 9.f
0
EXHIBIT "8"
EAC STIPULATIONS
1. A site clearing plan shall be submitted to the Natural Resources
Management Department and the;Community Development Division for their
review and approval prior to any substantial work on the site. This plan
may be submitted in phases to coincide with the development schedule.
The site clearing plan shall clearly depict how the final site layout
incorporates retained native vegetation to the maximum extent possible
and how roads, buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal.
2. Native species shall be utilized, where available to the maximum
extent possible in the site landscaping design. A landscaping plan will
be submitted to the Natural Resources Management Department and the
Community Development Division for their review and approval. This plan
will depict the incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be the re-creation ^y
of native vegetation and habitat characteristics lost on the site during
construction or due to past activities.
-J
3 All exotic plants, as defined in the County code, shall be removed
during the phase of construction from development areas, open space area,
and preserve areas. Following site development a maintenance program
shall be implemented to prevent re-invasion of the site by such exotic 0
U.
species. This plan, which will describe control techniques and
inspection intervals, shall be filed with the approved by the Natural co
cD
Resources Management Department and the Community Development Division.
4. If, during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical site, W
artifact, or other indicator is discovered, all development at that
location shall be immediately stopped and the Natural Resource Management J2
Department notified. Development will be suspended for a sufficient -t7
length of time to enable the Natural Resources Management Department or a
designated consultant to assess the find and determine the proper course O
of action in regard to its salvageability. The Natural Resources
Management Department will respond to any such notification in a timely
. and efficient manner so as to provide only a minimal interruption to any
constructional activities. t:
5. The modular home should be strategically located to minimize clearing -p
within the pine flatwoods of the parcel.
2
6. The South portion of the parcel shall be preserved. �[
7. Detailed site drainage plans shall be submitted to the county engineer
for review. No construction permits will be issued unless and until E
approval of the proposed construction, in accordance with the submitted
plans, is granted by the county engineer. U
8. Any O.S.D.S. must conform to 10D-6-FAC. Any establishment requiring
a CCPHU permit must submit plans for review and approval.
o-.
Packet Pg. 1036