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Agenda 04/22/2014 Item #16D 8 4/22/2014 16.D.8. • EXECUTIVE SUMMARY Recommendation to authorize payment of a $1,790.21 invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park, approve submittal of the 2013/2014 Florida Annual Wetslip Revenue Report to the Florida Department of Protection and authorize the Chairman to sign the Revenue Report Certification. OBJECTIVE: To provide the required Florida Department of Environmental Protection's ("FDEP") Annual Fee and Sovereignty Submerged Lands Lease Annual Wet Slip Revenue Report to the Florida Division of State Lands. CONSIDERATIONS: On April 23, 2013, Agenda Item No. 16D6, the Board approved a Sovereignty Submerged Lands Lease Renewal ("Lease"). Paragraph 2 of the Lease requires the County to pay an annual fee based on the entire leased area (10,754 square feet) upon . notification by the FDEP of the due date. An invoice for$1,790.21 along with a 2014/2015 Wet Slip Revenue Report form was recently received from FDEP. The Annual Lease Fee for 2014/2015 is based on information from 2013/2014. The 2013/2014 Wet Slip Revenue Report is comprised of three forms that were completed by staff: (1) The 2013/2014 Wet Slip Information form-includes the number and type of wet slips within the leased area. (2) Gross Income Reporting form- states that the County did not receive income directly or indirectly from the leased area. (3) Certification - certifies that information contained within the 2013/2014 Wet Slip Information form and Gross Income Reporting form is true. Approval of this item will authorize payment of the invoice and authorize the Board Chairman to sign the Certification. The term of the Lease expires on April 6, 2018. FISCAL IMPACT: Funding in the amount of$1,790.21 is provided by the General Fund (001) Parks and Recreation operating budget. LEGAL CONSIDERATIONS: The submittal deadline is April 13, 2014. Staff informed me that penalties will not be charged for a late submittal. This item has been approved for form and legality and requires a majority vote for Board action. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: Authorize payment of a $1,790.21 Invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park, approve submittal of the 2014/2015 Wetslip Revenue Report forms to the Florida Department of Protection and authorize the Chairman to sign the Revenue Report Certification. Packet Page-854- 4/22/2014 16.D.8. Prepared By: Nancy E. Olson,Region Manager,Parks and Recreation Packet Page-855- 4/22/2014 16.D.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.8. Item Summary: Recommendation to authorize payment of a $1,790.21 Invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park, approve submittal of the 2013/2014 Florida Annual Wetslip Revenue Report to the Florida Department of Protection, and authorize the Chairman to sign the Revenue Report Certification. Meeting Date: 4/22/2014 Prepared By Name: BetancurNatali Title: Operations Analyst,Beach&Water 4/1/2014 9:12:52 AM Submitted by Title: Regional Manager-Parks &Recreation, Beach&Wat Name: OlsonNancy 4/1/2014 9:12:53 AM Approved By Name: WilliamsBarry Title: Director-Parks &Recreation,Parks &Recreation Date: 4/1/2014 4:03:31 PM Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 4/2/2014 9:48:18 AM Name: WashburnIlonka Title: Manager-Park Operations,Parks &Recreation Date: 4/3/2014 10:58:37 AM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 4/3/2014 11:57:38 AM Packet Page-856- 4/22/2014 16.D.8. Name: BelpedioJennifer Title: Assistant County Attorney,CAO General Services Date: 4/4/2014 11:19:56 AM Name: CarnellSteve Title: Administrator-Public Services, Public Services Division Date: 4/8/2014 3:15:10 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/9/2014 8:50:13 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 4/14/2014 8:02:52 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/15/2014 8:24:17 AM Name: OchsLeo n Title: County Manager, County Managers Office Date: 4/15/2014 10:00:56 AM Packet Page-857- 4/22/2014 16.D.8.1 ValliEMESSIMMINV .A SOVEREIGNTY SUBMERGED LANDS LEASE ANNUAL WETSUP REVENUE REPORT As a submerged lands lessee,you are required to report annually to the Division of State Lands all income derived directly or indirectly from the lease area,to report the number and type of wet slips and to certify that all information provided is correct. This includes reporting any income collected by you or someone else. The three attached forms must be completed and returned by all lessees. Directions for completing forms WET SLIP INFORMATION FORM-This form is for reporting the number and type of wet slips. Please enter the correct number of each type of wet slip at the lease facility and total. GROSS INCOME REPORTING FORM-This form is for reporting direct and indirect income that has been generated within the lease boundary during the timeframe specified. This is required under the terms of your lease and under subsection 18-21.011(1)(a)2. Florida Administrative Code. Please enter the amount of both direct and indirect income generated by month within the lease ^,boundary. The definition of income can be found at the bottom of the form. CERTIFICATION FORM-This form is the lessee's confirmation that all information provided is true and correct. This form must be notarized. General Lease Fee Information Income is defined in Rule 18-21.003,Florida Administrative Code,as the gross revenue derived directly or indirectly from the use of state-owned submerged lands such as slip rental,lease or sublease fees,dock or pier admission fees,club membership, stock ownership or equity interest in activities where increased revenue is attributable to the use of the submerged land. However,gross revenue shall not include pass-through fees for utility services,sale of the facility or sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for the transfer of the interest in a slip originally obtained from the Board's lessee,including transfer of slip rights by slip sublessee,slip"sellers",slip interest transfers, new club memberships,and other similar transactions. If you are required to pay 6%of the income generated on the lease area,you will receive a supplemental invoice which will include State and County Tax on any additional fees owed. To view Chapter 18-21 Florida Administrative Code,on Sovereignty Submerged Lands Management in its entirety go to: http://www.flrules.org/gateway/ChapterHome.asp?Chapter=18-21 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS 3900 COMMONWEALTH BOULEVARD,MS 100 TALLAHASSEE,FLORIDA 32399-3000 (850)245-2720 es Packet Pare-858- 4/22/2014 16.D.8. 2013/2014 Wetslip information Form Lessee:(61110- (eUn- y Instrument No: ( 1 og '4ZI 5 I. INFORMATION ON WETSLIPS LOCATED ON STATE-OWNED LANDS 1.Number of Temporary Slips-Slips that are not rented and are used as fuel docking,launching or removing boats,restaurants,or store purchases. These slips should be Non revenue generating slips. Z- 2.Number of Transient Slips-Slips that are rented on a short term basis. O 3.Number of Public Slips-open to the public on a"first come,first served"basis.-Rental term shall be no longer than one year and with no automatic renewal rights or conditions. 4. Number of Slips Not Usable-Slips that are silted in or are in low water. 5. Number of Slips Sold,Subleased,Licensed,Assigned,etc. -Attach a [copy of the document which represents the sale, sublease, license or assignment. The document should include the sublessee's name, unit number, the slip number, and the amount of the transaction. • 6. Number of Private Slips,not rented to the public-Slips used for personal mooring, Association common area,etc. Total Number of Slips on State-Owned Lands,Add lines 1 through 6 0 Is your facility a Pier with Admission Fees? YES NO Ciro ne Boating has a tremendous economic impact on the State of Florida each year. In an effort to learn if boaters have an adequate number of slips around the state,we are requesting information on wetslips that are not within a state-owned submerged land lease. No Income generated from these slips is to be reported. II. INFORMATION ON WETSLIPS LOCATED ON PRIVATELY-OWNED LAND 1. Number of Slips Sold,Subleased, Licensed,Assigned,etc: 2. Number of Public Slips -open to the public on a"first come,first D served"basis. 3. Number of Private Slips, not rented to the public-Slips used for personal mooring,Association common area, etc. Total Number of Slips on Privately-Owned Lands,Add lines 1 through 3 Packet Page-859- 01 4/22/2014 16.D.8•1 2013/2014 GROSS INCOME REPORTING FORM Lessee: jt ('�� Instrument#: ( ! D5 .31-4 2.l 5 Direct Income Indirect Income All income received directly by Lessee from All income received by someone other than transactions within the lease boundary.* the Lessee for transactions involving the use of state-owned submerged land within the Lessee's lease boundary. April 2013 May 2013 $ 0 $ 0 June 2013 5 0 $ O July 2013 August 2013 5 O $ 0 September 2013 5 0 $ October 2013 $ 0 $ 0 November 2013 $ 0 December 2013 $ 0 $ January 2014 $ 0 $ 0 February 2014 $ 0 $ C March 2014 $ $ `TOTALS Every month must be filled out even if income for the month is zero. "Enter Zero if slips are non-revenue generating or generated$0.00" Income is defined in chapter 18-21.003,Florida Administrative Code,as the gross revenue derived directly or indirectly from the use of state-owned submerged lands such as slip rental,lease or sublease fees,dock or pier admission fees,club membership,stock ownership or equity Interest in activities where increased revenue is attributable to the use of the submerged land.However,gross revenue shall not include pass-through fees such as fees for utility services,sale of the facility or sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for the transfer of the interest in a slip originally obtained from the Board's lessee,including transfer of slip rights by slip sublessee's.clip"sellers".din interest transfers.new club memberships.and other similar transactions. PLEASE ATTACH A LIST OF ANY SLIP TRANSFERS AS DEFINED ABOVE INCLUDING THE SLIP NUMBER, AMOUNT OF INCOME RECEIVED,SUBLESSEE'S NAME AND UNIT NUMBER,IF APPLICABLE. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS 3900 COMMONWEALTH BOULEVARD, MS 11100 TALLAHASSEE,FLORIDA 32399-3000 (850)245-2720 Packet Page-860- 4/22/2014 16.D.8.. CERTIFICATION Instrument No. ' t OS 34 2 l Lessee Name: c D I l: eir 6064 Billing Address Les000 LiV( l ( R . City/State/Zip 1\10 7 FL a"h O i Telephone: (Z.?j ) 5 50 4 el, tZ S (Please provide area code) Facility Address: 6109, C.Q I t t e (,Z(-I--raw/County/Zip: t � " . ..:� is t‘A 34149 1, being first duly sworn,hereby certify under penalty of perjury that the following statements are true: (1)To the best of my knowledge and belief,the information contained on the Wetslip Information Form and the Gross income Reporting Form is true and correct; (2)I have read and understand the terms and conditions of the sovereignty submerged lands lease,and the facility is in full compliance with all the terms and conditions of the sovereignty submerged lands lease; (3)I am authorized to execute this certification on behalf of the lessee; and (4) I am aware that any intentional false statement herein will be grounds for cancellation of the sovereignty submerged lands lease. Signature of Lessee 1 Orr LgJN .I`1 (� Printed Name of Signature Title Date STATE OF COUNTY OF Sworn to,or affirmed and subscribed before me the day of ,20 , by • Personally Known (SEAL) OR Produced identification Type of identificalton produced Notary Signature Commission Expires ATTEST: A4ppay.r.laa w farms auai 1..5a1at, DWIGHT E. BROCKa Clerk 3`\\'� By: Assistant County Attorney 3 Packet Page-861- � 4 4/22/2014 16.D.8. 0Eo {, FLORIDA DEPARTMENT OF i `ji ENVIRONMENTAL PROTECTION flC)Rt A �, MARJORY STONEMAN DOUGLAS Bt11LDING t. % R`t r,, 3900 COMMONWEALTH BOULEVARD TALLAHASSEE,FLORIDA 32399-3000 ti: < :HI ' 'f',:`f,A tj J ' March 14,2014 Subject: 2014/2015 Sovereignty Submerged Lands Annual Lease Fee and Wet Slip Revenue Reporting Dear Sir or Madam: m Enclosed you will find your 2014/2015 annual lease fee invoice and wet slip revenue reporting package for your sovereignty submerged lands lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. As Lessee, you are required to submit your annual lease fee and provide wet slip rental and income information annually based on the previous year's income to the Department of Environmental Protection's Division of State Lands, as agent for the Lessor. Any reporting forms due from previous years are also included and need to be completed. You will receive a supplemental invoice if any additional fees are due based on the wet slip rental information you submit. Please complete the enclosed forms,providing accurate and legible information, and return them along with your annual payment within 30 days of the invoice date to the following address: Florida Department of Environmental Protection Division of State Lands,Bureau of Public Land Administration Post Office Box 3070 Tallahassee, FL 32315-3070 All fees must be received in full within 30 days of the invoice date or a twelve percent (12%) late fee will be assessed pursuant to section 4 of your lease agreement. Any partial payment received will be returned unless previously approved. If you have any questions regarding invoice payments, please contact Mary Upchui or Alicia Ruffin. and for questions regarding the enclosed wet slip revenue reporting package, please contact Dana Marcum or Starla Wagner at (850) 245-2720. Bureau of Public Land Administration Division of State Lands Enclosures Packet Page-862- 1 4/22/2014 16.D.8. DEPARTMENT OF ENVIRONMENTAL PROTECTION lIN RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315-3070 Bill To: IftigrectleinizigazW COLLIER COUNTY, FLORIDA C/O RAYMOND CARTER INVOICE 3300 SANTA BARBARA BLVD. NAPLES, FL 34116 ** INVOICE/INSTRUMENT INFORMATION** Invoice#: 76356 Instrument#: 110534215 Invoice Date: 03/14/2014 Expiration Date: 04/06/2018 Due Date: 04/13/2014 Extended Term Fee: NO Rate: BASE RATE Location: CAXAMBAS 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/goipay-invoicest. Late payments are subject to a 12% Interest fee pursuant to FAC 18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Term Fee Feet Net Square Rate Discount Extended *Amount ANNUAL LEASE FEE 021017 10.754 0.166469 N/A Y $1,790.21 2014/2015 Subtotal $1,790.21 Sales Tax(0.0%) $0.00 County Tax(0%) $0.00 Note: PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS Total $1,790.21 AND RETURN WITH YOUR REMITTANCE Invoice Balance Due $1,790.21 instrument/Lease 1 $1,790.21 Balance Due 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)245-2720. Packet Page-863- • 4/22/2014 16.D.8. DEPARTMENT OF ENVIRONMENTAL PROTECTION 400411101KIKIV RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315-3070 t \ Bill To: 'MagaMeW COLLIER COUNTY, FLORIDA C/O RAYMOND CARTER INVOICE 3300 SANTA BARBARA BLVD. NAPLES, FL 34116 ** INVOICE/INSTRUMENT INFORMATION** Invoice#: 76356 Instrument#: 110534215 Invoice Date: 03/14/2014 Expiration Date: 04/06/2018 Due Date: 04/13/2014 Extended Term Fee: NO Rate: BASE RATE Location: CAXAMBAS PARK ** IMPORTANT REMINDERS** If paying by maiI, 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/oo/pay-invoices/. Late payments are subject to a 12% Interest fee pursuant to FAC 18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA ,Extended Description Memo Object Net Square Rate Discount Feet *Amount Term Fee ANNUAL LEASE FEE 021017 10,754 0.166469 N/A Y $1.790.21 2014/2015 Subtotal $1,790.21 Sales Tax(0.0%) $000 County Tax(0%) $0.00 Note: PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS Total $1,790.21 AND RETURN WITH YOUR REMITTANCE Invoice $1,790.21 I Balance Due Instrument/Lease $1.790.21 Balance Due 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) 245-2720. Packet Page -864-