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Agenda 07/07/2015 Item #16D127/7/2015 16.D.12. EXECUTIVE SUMMARY Recommendation to approve the submittal of a Five -Year Sovereignty Submerged Land Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina, authorize payment of lease processing fee of $630, and authorize the Chairman to sign the lease renewal. OBJECTIVE: To provide for public access to waterways located at the Cocohatchee River Park Marina. CONSIDERATIONS: On September 28, 2010, the Board approved a Five -Year Sovereignty Submerged Lands Lease Renewal (June 25, 2010 — June 25, 2015) for Cocohatchee River Park (Agenda Item 16133). The lease was recorded in the official County records OR Book 4681, Page 24. On June 16, 2015, Parks and Recreation received the Five -Year Sovereignty Submerged Lands Lease Renewal document and processing fee invoice (June 25, 2015 — June 25, 2020). The lease authorizes the County's use and operation of the 16 slip marina. Approval of this item will authorize the Board Chairman to sign the submerged land lease renewal and authorize payment of the invoice. FDEP has infonned staff that the County will receive a fully executed lease instrument once all fees are paid. FISCAL IMPACT: Non - taxable instrument processing fee is $630.00. Funding is available within the Parks and Recreation General Fund (001), Marina Parks Operating Cost Center (156364). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. — CMG RECOMMENDATION: That the Board of County Commissioners approves and authorizes the submittal of a fully executed Five -Year Sovereignty Submerged Land Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina, authorize payment of the lease processing fee of $630, and authorize the Chairman to sign the lease renewal. Prepared by: Nancy Olson, Region Manager, Parks and Recreation Department Attachments: Sovereignty Submerged Lands Lease renewal; Invoice Packet Page -1804- 7/7/2015 16.D.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.12. Item Summary: Recommendation to approve the submittal of a Five -Year Sovereignty Submerged Land Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina, authorize payment of lease processing fee of $630, and authorize the Chairman to sign the lease renewal. Meeting Date: 7/7/2015 Prepared By Name: AlonsoHailey Title: Operations Analyst, Public Services Department 6/19/2015 9:11:35 AM Approved By Name: WilliamsBarry Title: Division Director - Parks & Recreation, Public Services Department Date: 6/19/2015 9:24:21 AM Name: Washbumllonka Title: Manager - Park Operations, Public Services Department Date: 6/19/2015 11:38:49 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 6/19/2015 11:51:04 AM Name: OlsonNancy Title: Regional Manager - Parks & Recreation, Public Services Department Date: 6/19/2015 12:34:36 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 6/19/2015 1:19:32 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Packet Page -1805- Date: 6/20/2015 10:04:11 AM 7/7/2015 16.D.12. Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 6/22/2015 2:30:59 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 4:11:36 PM Name: FirmEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/25/2015 11:59:40 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/25/2015 1:58:09 PM Packet Page -1806- This Instrument Prepared By: Christopher Bass Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BOT FILE NO. 110343885 7/7/2015 16.D.12. THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Collier County. Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 17, Township 48 South, Range 25 East, in Cocohatchee River, Collier County, containing 22,577 square feet, more or less, as is more particularly described and shown on Attachment A, dated January 7. 2008. TO HAVE THE USE OF the hereinabove described premises from June 25 2015 the effective date of this lease renewal, through June 25, 2020 the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 16 -slip docking facility with a boat ramp and launch area to be used exclusively for mooring of recreational vessels in conjunction with an upland ublic ar without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 26 as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. [02] Packet Page -1807- 7/7/2015 16.D.12. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of $3.822.26, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice. The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18- 21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of State Lands (the "Division ") will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION /SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18- 21.003(31), Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6 %) of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18- 21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter /user/holder that if the wet slip renter /user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent (6 %) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter /user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter /user/holder. (C) The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor. 4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (12 %) per annum, calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease renewal, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease renewal including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire term of this lease renewal plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi - family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter /tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's Page 2 of 20 CA Sovereignty Submerged Lands Lease No. I If Packet Page -1808- 7/7/2015 16.D.12. leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease renewal, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18- 21.004(3xb), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE RENEWAL: This lease renewal shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INWSTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State of Florida from all claims, actions, lawsuits and demands arising out of this lease renewal. 12. NOTICES /COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above - described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Collier County Board of County Commissioners North Collier Government Center 2335 Orange Blossom Drive Naples, Florida 34109 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease renewal. 14. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 15. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. Page 3 of 20 Sovereignty Submerged Lands Lease No. 110: Packet Page -1809- 7/7/2015 16.D.12. 16. NON- DISCRDAINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased area. 17. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this lease renewal agreement at the option of the Lessor. 23. AMENDMENTS/MODIFICATIONS: This lease renewal is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease renewal must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 24. ADVERTISEMENT /SIGNS/NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVITIES/1y1INOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water - dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or Page 4 of 20 Sovereignty Submerged Lands Lease No. 110: Packet Page -1810- 7/7/2015 16.D.12. renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 26. LIVEABOARDS: The term " liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 28. SPECIAL LEASE CONDITION(S): A. Any vessel moored at the docking facility, on either a temporary or permanent basis, shall be wholly located within 10" its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and swim platforms. B. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 and 328, Florida Statutes or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. C. All vessels that moor, dock, or otherwise use the leased premises shall be maintained in a fully operational co^a;.;— Page 5 of 20 Sovereignty Submerged Lands Lease No. 1103, packet Page -1811- 7/7/2015 16.D.12. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of ' 20_, by Cheryl C. McCall. Chief. Bureau of Public Land Administration Division of State Lands. State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: 6/9/15 DEP Attorney Date Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial Page 6 of 20 Sovereignty Submerged Lands Lease No. 1103-, Packet Page -1812- 7/7/2015 16.D.12. WITNESSES: Collier County. Florida (SEAL) By its Board of County Commissioners BY: Original Signature Original Signature of Executing Authority Tim Nance Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Chairman Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by Tim Nance, as Chairman, for and on behalf of the Board of County Commissioners of Collier County, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Signature of Notary Public Notary Public, State Commission/Serial No. Printed, Typed or Stamped Name AT TEST DWIGHT E. 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PARCEL 1 DESCRIPTION: A PARCEL OF LAND LOCATED ON THE COCOHATCHEE RIVER AT CONKLIN POINT IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT 1 OF "CONKLIN POINT', A SUBDIVISION AS RECORDED IN PLAT BOOK B, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND RUN SOUTH 89'16'52" WEST ALONG THE NORTH BOUNDARY LINE OF SAID "CONKLIN POINT", A DISTANCE OF 530.00 FEET; THENCE SOUTH 00'25'18" EAST ALONG THE BOUNDARY LINE OF SAID "CONKLIN POINT ", A DISTANCE OF 49.28 FEET; THENCE SOUTH 89'16'52" WEST, A DISTANCE OF 9.09 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 05'31'19" EAST, A DISTANCE OF 70.23 FEET; THENCE NORTH 75'56'37" WEST, A DISTANCE OF 100.34 FEET; THENCE NORTH 00'25'18" WEST, A DISTANCE OF 44.39 FEET; THENCE NORTH 89'16'52" EAST, A DISTANCE OF 90.92 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 5,338 SQUARE FEET OR 0.123 ACRES OF LAND, MORE OR LESS. L CD FEB 4 UTH DISTRICT ��� SPECIFIC PURPOSE SURVEY NAP�ESTFLORIDAC3041�2 S0�7EREIGN SUBMERGED LANDS LEASE PHONE (239) 434 -0046 ENGINEERING EFAX (239) 434 -9320 DATE PROJECT „a F� NC. SCSCALE S „EE1 .B. #642 k L.B. #642 12/2007 20077099 17 -48 -25 1” . 3G 4 OF ti Attachment A Page 10 of 20 Sovereignty Submerged Lands Lease No. 11I Packet Page -1817- cA _ NGRTH UNE OF THE _ S.E. / 4 OF OF 17 ARM OF Tf if MEAN WATERLINE COCOHA TC�ff RlVfR A SEAW CONCRETE SEAWALL. S89-16'52 "W RIPARIAN LINE POINT OF 9 09 a BEGINNING f OF PARCEL 1.,. \ 1 90. O { A ....... .. __.._...65.9.__....... ____._._._�.._� ,;alp D 4 ''U,OC N PARCEL 1 �. 0.123 ACRES, +!- WOODEN PIUNGS (TYPICAL) BOUNDARY LINE AT RIPARIAN LINE LOCATION RECEIVED - D.E.P_ ` FEB .1 4 21998 i SOUTH DISTOICT A/7,5. 56, WOOD 'DOS 100.34' 5cc VrKTICAL' f DETAIL "A' ON 5HEE7 10 FOR 5EAWALi. AT 71115 LOCATION I NOTE: p _�i ��� ' SEE SHEET 5 FOR DIMENSIONS OF DOCK SCALE IN FEET AND LOCATIONS LEGEND: 0 06 = SPOT ELEVATION X = CHAINLIN'K FENCE - CONCRETE 7/7/2015 16.D.12. 2350 STANFORD COURT IL*rdk 4W 412 NAPLES. FLORIDA 34112 PHONE (239) 434 -0046 ENGINEERING FAX 642 6c 454 -93 E.B.. y642 L.B. #642 7/7/2015 16.D.12. TANK cA�` � s^ -PUMP Ag CONCRETE 1L' SMUT -OFF SEAWALL WOODEN VALVE PILINGS (TYPICAL) LOCATED ON THE COCOHATCHEE RIVER AT COMLIN POINT SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE ATE PROJECT N0. FllE N0. SCALE 5NEET 12/2007 20077099 17 -48 -25 1` 30' 1 3 OF 11 Attachment Page 11 of 20 0 Sovereignty Submerged Lands Lease No. I N Packet Page -1818- L 0 BENCHMARK: PK NAIL AND DISK IN EAST FACE OF 10" PALM TREE 5' CHAIN- ELEVATION = 8.00' UNK FENCE ; da i Sa9'16'52 "W 530.00' yo � 16.4' � •ti % p• :� c _n m POINT OF N ✓ n LA "' '�� COMMENCEMENT OF PARCEL I ,yc': THE N.E. CORNER OF TRACT i �e OF CONKLIN POINT SUBDIVISION �• 4 3' LANK;; FENIIE . a ASPHALT DRIVE AND PARKING r BbAf ----MEAN HIGH WATERLINE �ti7h ELEVATION 0.25' CONCRETE BOLLARDS 7' ,(TYPICAL) TANK cA�` � s^ -PUMP Ag CONCRETE 1L' SMUT -OFF SEAWALL WOODEN VALVE PILINGS (TYPICAL) LOCATED ON THE COCOHATCHEE RIVER AT COMLIN POINT SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE ATE PROJECT N0. FllE N0. SCALE 5NEET 12/2007 20077099 17 -48 -25 1` 30' 1 3 OF 11 Attachment Page 11 of 20 0 Sovereignty Submerged Lands Lease No. I N Packet Page -1818- L 0 I C 7/7/2015 16. D.12. ' r -� I �-- 16.4' z' iQ O CD Z C-;onM POINT OF o Ln BEGINNING `'" c M °� L' OF PARCEL 1 16.4 ti N89'16'52 "E 90.92' ' X4.3 I �J 1 10 8 11 _4 } _` _ ! SCALE IN FEET 2 t w S >1 10.7 11.2' � 56'37"E � 1 w .. — 0 5 53.7 4.4' ° a 0 42.3. FUEL.TANK,• RECEIVED D. [FES 14 20c09 -SS-- �-{ DISTRICT 9.5' 8.3 7.3' 9:0' 7.1' 8.5' 7 LEGEND: X = CHAINLINK FENCE CONCRETE , M- 1i 510 � �! NAPLES, FLO DA COURT 2 PHONE (239) 434 -0046 FAX 4 ) 6 2 E N G I N E E R I N G . #2 & L.S. # LOCATED ON THE COCOHATCHtE RIVER AT CONKLIN POINT SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE lTE PROJECT N0. I FLE NO. SCAUE SKEET 12/2007 20077099 17 -48 -25 1' - 20' 5 OF it Attachment A Page 12 of 20 G Sovereignty Submerged Lands Lease No. 110 Packet Page -1819- 7/7/2015 16.D.12. TC�1: ?C�� \JC94T'rC• n i`- , 1mn ton 7.70!t6 - t:33am n ' _ h O zy �x zm t� z� y� a�Z n an >mgo >ozavNig �ocmi cN,s c m Z Z O Z O z m O m �. O z a m o .S-� m m m �ri G7 OT Q O�O� OA SD Dr51O yO Za Dgo. Q1 C~ F—i N =om C °oo pp CO O D ( D z n N 9� " 0 rNd � p '� �. T m° m z O. Ri mCSMMc �Q"o°0 n °pOmO`r" Y m OD M �-� z a� N a m y.s-� Zm z> T m -' o m z cg on N u > c)v A< D i p '� � D O m A rn N m a m v nNi n{ Z �+ Np O C�C m V) ;V 2 Y �' O ^Z u, w O o O ' C r u 0 * 0 A mg- C Z -- O Y m D Z z v p a Z 1'rt C') rn fp+1 m S S yy Y "� O Z ti W f O -Ai m D O b W A O z Mn m o >Z a N C C7 n m� ^rz�a° 'IV z= mn1Cw mr1C z o i m a Om { {/ zm n C.r C rn O: N N N f V.' rJ Gi fTi -1 y M O a it 1 C r (7 z rn 1C) r z-n 0 Mz O-0 n M � 2 Z C rn nNi- VT n p O n r r U A O p { :� G'7 D r7 = r+l A N ti+ "i D z N S Qz O> ..E.- M r N A A D i3 A D r�lr zp n z n C) rn t �'z <, �' j A m -+ Z ° C O S D +t O a N -I C7 A CO m C) 2 '� M O Z M r -! x S A 1 w zo m o y v ni Y M o m >. u z z Ni �� � z 0- j; A � O O+ C7 O r•t � F � C i O m O O C'1 N N m -< > A> O O L..-- -.� -- M N a D z m Iii -�, a N �.�j CC x> p C I*l -i 2 ?t N CA rn ^'rn z rNi ° -4rMn °y -zyp yN O A f] x T Z '� U M U. Y 0 "ri' _�> O r Z Y C7 y n rr, v r� D A D Z -{ O O Y O z O O z r 0 a o 0 -� z m r G) -n A D Z o Ff i--i N N pwi m D D r*t Y p N r- :_4 .1 p y D_ rzn'� A CI _ D O N f�1 P C Z N 4! U - M+ 1�1 F a r Attachment A Page 13 of 20 cq0 Sovereignty Submerged Lands Lease No. 1 103 - Packet Page -1820- S00'24'31 "E. 30., \ TO CONCRETE MONUMENT NORTH -LINE OF THE 530,00' POINT OF COMMENCEMENT w OF PARCELS 1 AND 2 FOUND CONCRETE MONUMENT N1TH NO IDENTIFICATION AT .. _ .._ ..... _. _.. _ _ _ -_ - - THE N.E. CORNER OF TRACT 1 'j'j T OF CONKL IVI IN POINT SUBDSION PARCEL STATE PLANE COORDINATES FOR THE PANT OF COMMENCEMENT: N.:713342.821. E.:389970.659 SEE SHEET 3 I I I i I `' rf � ~�; a r✓ r � . I .. f f: CURVE DATA: _ ... R - 1960.08' — L - 249.66' Tan - 125.00' A - 7'17'52" Ch - S03'13'38 "W, 249.49' I RECEIVED€ 1 FEB .t 4 20C3 I PARCEL 2 SEE SHEET 6 7/7/2015 16.D.12. WMCTNS PASS ROAD I T� N.E. CORNER OF THE S.E. 1/4 OF SECTION 17 -48 -25 FOUND IRON ROD WITH NO IDENTIFICATION (a is IN m FS 1 SOLITH DISTRICT N } COCOHATCHEE RIVER I j rl I S.E. CORNER OF I _ SECTION 17 -48 -25 • FOUND RAILROAD SPIKE ^I Wl i}I NO IDENTff!CATION LEGEND. 0 75' 150' R/W = RIGHT —OF —WAY LOCATED ON ThE COCOHATCHEE RIVER 0 - FOUND IRON PIN AT CONKLIN POINT SCALE IN FEET p = FOUND CONCRETE MONUMENT SECTION 17, TOWNSHIP 48 SOUTN, RANGE 25 EAST 0. = FOUND RAILROAD SPIKE COLLIER COUNTY, FLORIDA I O 2350 STANFORD COURT SPECIFIC PURPOSE SURVEY NAPLES, FLORIDA 34112 SOti'EREIGN SUBMERGED LANDS LEASE PHONE {239) 434 -0048 EN G I N E E R I N G E.S. z'�4149- N2 z DATE PROJECT N0, FILE NO. SCALE SHEET 12/2007 20077099 1 17 -48 -25 1' - 1SD' 2 OF 11 Attachment A Page 14 of 20 Sovereignty Submerged Lands Lease No. 1 l( Packet Page -1821- 2 1 F Cry CURVE DATA: iR = 1860.08' L - 236.92' T on - 118.62' " IA - 717'52" Ch 90373738 "W, i236.76' t I ' A , o; 4 �I � I I I .w THE EAST LINE OF SECTION 17 -4B -2S I I ,o (a is IN m FS 1 SOLITH DISTRICT N } COCOHATCHEE RIVER I j rl I S.E. CORNER OF I _ SECTION 17 -48 -25 • FOUND RAILROAD SPIKE ^I Wl i}I NO IDENTff!CATION LEGEND. 0 75' 150' R/W = RIGHT —OF —WAY LOCATED ON ThE COCOHATCHEE RIVER 0 - FOUND IRON PIN AT CONKLIN POINT SCALE IN FEET p = FOUND CONCRETE MONUMENT SECTION 17, TOWNSHIP 48 SOUTN, RANGE 25 EAST 0. = FOUND RAILROAD SPIKE COLLIER COUNTY, FLORIDA I O 2350 STANFORD COURT SPECIFIC PURPOSE SURVEY NAPLES, FLORIDA 34112 SOti'EREIGN SUBMERGED LANDS LEASE PHONE {239) 434 -0048 EN G I N E E R I N G E.S. z'�4149- N2 z DATE PROJECT N0, FILE NO. SCALE SHEET 12/2007 20077099 1 17 -48 -25 1' - 1SD' 2 OF 11 Attachment A Page 14 of 20 Sovereignty Submerged Lands Lease No. 1 l( Packet Page -1821- 2 1 F Cry M J Z i., ni S -',7007 7099\ 7M.rtr M" J­ t17. 2000 330- it G EH > 0 �I�bO� rn g f* IQm A r d�U 15�1 'go A -!A Z A m 0.-0 1. > J9 11 p 0 11 11 11 11 11 UZ > z Cn C� n =tAl r > z L-9— 00 O= p UO, MO 0-� 7 0 m M --4 C :0 ;D A n tUrd rri 0 z K K: r., CO > C', z rl > > 9 ;0 M N z 5 rn M x 0 M 0 r-2 M, > —=4A M C) z LA –A.—, > O M z M -4 V) n To 0 CO rN U -Xti -11 F r- > 0 Z L 4 > pi -n > Z, Ul ;D o z 0 OM > Cl -A: L. J Z i., ni 7/7/2015 16.D.12. ft FA > z (fi it G EH f* IQm A r d�U 15�1 'go A -!A Z A m 1. > Cn C� n Z r > z L-9— 7 0 A n tUrd CO > C', T 7/7/2015 16.D.12. ft FA > z (fi 3.9 .1 "d t74 rM -,q Attachment A (I�q Page 15 of 20 :0 ) Sovereignty Submerged Lands Lease No. 110 Packet Page -1822- 12F 02 f* IQm A r d�U 15�1 'go A -!A Z A Con CD-9 3.9 .1 "d t74 rM -,q Attachment A (I�q Page 15 of 20 :0 ) Sovereignty Submerged Lands Lease No. 110 Packet Page -1822- M a o O 0 7/7/2015 16.D.12. M: — — 00 MZZO W r m rn Z rn OX I ... -- 14.5' --' M Cl+ rr- m Z �t rn N rrl +, H (r Z 0) • C� IV - --- -- - _-- - - m '0 WRZto -- MATCt'1 -UNE -- M Cn m ^' ^N 1 C m m r-upoM C r-> ,tom ill D 11 w n Cp Cl. , M N W N °a N O 8 � v �P Ct� �C OD 0 N �M t7 Ln o � C � y M l+l t m N O C/) n D z M „80,C -V.00N Z, m N I� .Z'9Z- - --------- . o , �1. 18.5, _ 9' ll - -j OD N to • ' y �} Attachment A Page 16 of 20 Sovereignty Submerged Lands Lease No. 110' Packet Page -1823- t CA 00 MZZO W r m rn rn OX I ... -- 14.5' --' Cl+ rr- m Z �t b•£s N rrl +, (r 0) • IV - --- -- - _-- - - -t- -- MATCt'1 -UNE -- 5EE SHEET 9 Attachment A Page 16 of 20 Sovereignty Submerged Lands Lease No. 110' Packet Page -1823- t CA > 0 M ;0 M rn M P LW 44. 4t. CA 1,7( IIT()PC d.V ---MATCH--UNE---- 0 5EE 5HEET 6 L *�— T 00 U) C� Ln �2z z M M onrn > M N) W 0 CO 0 M C: C I IV & r 'N 000,00 SnA PC) L4 x I L— 14.2' M 0 M M to - ,z 't, t IJ 77;�* . . ............. 7/7/2015 16.D.12. ---------- ---MATCH--UNE---- 0 5EE 5HEET 6 0 z U) Z M (D �2z z M M onrn > M OD W 0 CO 0 M C: C I IV & r 'N 000,00 SnA PC) r4 rn -L > Z'q 0 rn 7/7/2015 16.D.12. K > z M — ---------- ---MATCH--UNE---- 5EE 5HEET 6 metro MA >ZZO 0 M �2z z M M onrn Z --I Z M Cn CO 0 aj C I IV & r 'N 000,00 SnA PC) r4 rn -L Z'q pj L Ul q > 4 M M > -n --i > > > rri Z > m C: Z --q > Z ;VO) Z C) C) M -r M G) MX 0 < z K > z M — Attachment A Page 17 of 20 Sovereignty Submerged Lands Lease No. 1103,"- Packet Page -1824- 3.9 metro �2z z onrn Cn 0 aj C I IV & r 'N 000,00 SnA PC) M W Z'q Attachment A Page 17 of 20 Sovereignty Submerged Lands Lease No. 1103,"- Packet Page -1824- 3.9 0 7/7/2015 16.D.12. Attachment A Page 18 of 20 Sovereignty Submerged Lands Lease No. 11034 Packet Page -1825- i k' c9 S no'7CQ ;' 7fj: ?rpn�..,... 1 2:W8 CD I 0 —! < F- F- > M 0 0 < y z C� o o > z C/) M' I ;;U �.. II D D N M z CONCRETE SEAWALL c� d V D M 9.1 ' c� rn > Z C II C) z o N _ Wno2w na X m OS N (n Np 1T 1 ' 1 N v w r A cn Q M II M A :Z) O A Aw o —..! R ' 'Y1 ! 1 m I < wo,o Aaw M a�/� a N N W V/ Fri v Q li Fl o N o C � Ell ;d 0. ' °_0 9 °5 �' 4.0' CID Cn D t7l C-) D r I> � MW I I MV lam/ V Attachment A Page 18 of 20 Sovereignty Submerged Lands Lease No. 11034 Packet Page -1825- i k' c9 np rJR 0 116.18 5 7 .10 SO HAR 13 M-1 2.-.4 INT RECORDED !ND_ COLLIER. COUNTY IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA Laws•of ricrid•, 1971@ Chapter 2BO93 Section 702.02(4), Florida Statutes 1971 CASE NO. B5- 1557- CA -o1 -kX • r 200M CORP. Plaintiff vs TW_s+ ml De en an CZRTirXCATE Or TITLE The undersigned, JAMES C. GXLES. Clerk of the Circuit Court, certified that'he GXGCUted and filed a Certificate of Sale in this action an the at day of - March 11990 , foe the prop rt described herein, and -that! no *bj na he sale have beayn filed within the time allowed for fi .,in L � objections. The following prDpgriy. in Collier County; Floridas co 0 CD G7 c.rt CD CD State of Florida 7/7/2015 16.D.12. JAMES C a 4g, >. CD i PETtediol, Clerk.-o' .41�<._ . rou U-Covit, rn BY: PUV C i11;b .7 A LM 7/7/2015 16. D.12. ent B of 20 ;my Submerged Lands Lease No. 110. Packet Page -1827- ;� .. A parcel of laud lying in Seetiork 17, Township 46 South, Range 25 East.,;C01lier county, Florida, described;as follows.: , From the northeast corner of Conklin Point, as recorded in Plat Booka Page 16, public records of Collier County,- Florida, being the. point of. beginning, 'run 5 00°26'00" k along the easterly line of said Conklin Point for 126.73•feet to a point of curvature; thence southerly along -the arc curve of .a to the right of radius 1860.08 feet (delta angle 07 017'52 ", chord distance .236.76 feet, chord bearing S 03012'56" W) for 236.92 feet to. &;.point of tangency; ' thence. run S 06051'52 W along said easterly line for 150.00 feat to a point of curvature J thence, =i utherly' along easterly said l e- of a curve to the -�. � 'feet,' C — (delta angl ° 2,,.chor ce � CO c.n 249.49 fe t rd bearing S 03 3 "W) o — g` .. for 249. t to a point of tan nc '`� thence n 11 al sai easterl l e. 39. 9 fe t to th mouths ste I c rn f Point's .th th mouths ly i e -o a n 0 or 285.00 692 99 fe 7 th c 926 0 . W 016 195 OD nce:run N 00 026' " W or .2 07rOQ. to the northly 136en, ent B of 20 ;my Submerged Lands Lease No. 110. Packet Page -1827- DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315 -3070 Bill To: COLLIER COUNTY, FLORIDA 15000 LIVINGSTON ROAD NAPLES, FL 34109 7/7/2015 16. D.12. a��,QROtECiION � ICI' D INVOICE ** INVOICE / INSTRUMENT INFORMATION ** Invoice #: 83866 Instrument #: 11 0343885 Invoice Date: 06/15/2015 Expiration Date: 06/25/2020 Due Date: 07/15/2015 Extended Term Fee: NO Rate: BASE RATE Location: COCOHATCHEE RIVER PARK ** IMPORTANT REMINDERS'`* If paying by mail, please return invoice with your payment to the above address. Online payment by check, credit card or debit card is available at http://www.fidepportal.com/go/pay-invoices . Late payments are subject to a 12% Interest fee pursuant to FAC 18- 21.011(1)(b)11. ANNUAL LEASE FEE FORMULA = BASE FEE* - DISCOUNT + EXTENDED TERM FEE "BASE FEE = Base Rate x Net Square Feet OR 'BASE FEE = Minimum Rate DISCOUNT = Base Fee x Discount Percentage EXTENDED TERM FEE = Base Fee x Extended Term Fee Percentage For any questions concerning this invoice, please call the Division of State Lands at (850) 245 - 2555. . Packet Page -1828- iittp:/ /appprod.dep.state.fl.us /suprs /invoices /sub invoice rasp ?invoice_id = 83866[6/17/2015 2:03:09 PM] INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Net Squar Rate Discount Extended Term Fee *Amount Feet SUBMERGED LAND RENEWAL 001018 22,577 0 N/A N $630.00 FEE Subtotal $630.00 Sales Tax (0.0 %) $0.00 County Tax (0 %) $0.00 Total $630.00 Note: AGENT: C. BASS. SSR Invoice $630.00 Balance Due Instrument /Lease Balance Due $630.00 ANNUAL LEASE FEE FORMULA = BASE FEE* - DISCOUNT + EXTENDED TERM FEE "BASE FEE = Base Rate x Net Square Feet OR 'BASE FEE = Minimum Rate DISCOUNT = Base Fee x Discount Percentage EXTENDED TERM FEE = Base Fee x Extended Term Fee Percentage For any questions concerning this invoice, please call the Division of State Lands at (850) 245 - 2555. . Packet Page -1828- iittp:/ /appprod.dep.state.fl.us /suprs /invoices /sub invoice rasp ?invoice_id = 83866[6/17/2015 2:03:09 PM]