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Agenda 06/10/2014 Item #16D4 6/10/2014 16.D.4. EXECUTIVE SUMMARY Recommendation to authorize payment of a $11,129.15 Invoice for the public's use of Sovereignty Submerged Lands at Goodland Boat Park,approve submittal of the 2013/2014 Florida Annual Wet Slip Revenue Report Form to the Florida Department of Environmental 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 July 28, 2009, the Board approved a Sovereignty Submerged Lands Lease Renewal Lease and Modifications for Goodland Boat Park(Agenda item 16D13).The lease was recorded in the official County records OR Book 4483,Page 799. Paragraph 2 of the Lease requires the County to pay an annual fee based on the entire leased area (47,753 square feet) upon notification by the FDEP of the due date. An invoice for$11,129.15 along with a 2013/2014 Wet Slip Information Form was recently received from FDEP. 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, which includes the number and type of wet slips within the leased area. (2) Gross Income Reporting form, which states the amount of income the County received directly or indirectly from the leased area. (3) Certification, which certifies that information contained within the 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. FDEP has informed staff that the County will receive a proposed renewal of the Lease no earlier than mid June of 2014. FISCAL IMPACT: Funding in the amount of$11,129.15 is provided by the General Fund(001) Parks and Recreation operating budget. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.-JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners authorize payment of a$11,129.15 invoice for the public's use of Sovereignty Submerged Lands at Goodland Boat Park, approve submittal of the 2013/2014 Wet Slip Revenue Report forms to the Florida Department of Protection and authorize the Chairman to sign the Revenue Report Certification. Prepared By: Nancy E.Olson,Regional Manager,Parks and Recreation Packet Page-1314- 6/10/2014 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to authorize payment of a $11,129.15 Invoice for the public's use of Sovereignty Submerged Lands at Goodland Boat Park, approve submittal of the 2013/2014 Florida Annual Wet Slip Revenue Report Form to the Florida Department of Environmental Protection and authorize the Chairman to sign the Revenue Report Certification. Meeting Date: 6/10/2014 Prepared By Name: BetancurNatali Title: Operations Analyst,Beach&Water 5/19/2014 9:26:13 AM Submitted by n Title: Regional Manager-Parks&Recreation,Beach&Wat Name: OlsonNancy 5/19/2014 9:26:14 AM Approved By Name: Washburnllonka Title: Manager-Park Operations, Parks &Recreation Date: 5/19/2014 2:19:20 PM Name: WardKelsey Title:Manager-Procurement, Purchasing&General Services Date: 5/20/2014 2:03:04 PM Name: WardKelsey Title: Manager-Procurement,Purchasing&General Services Date: 5/20/2014 2:19:00 PM Name: WilliamsBarry Title:Director-Parks&Recreation,Parks&Recreation Date: 5/20/2014 4:20:24 PM Packet Page-1315- 6/10/2014 16.D.4. Name: CummingsRhonda Title: Procurement Specialist,Purchasing&General Services Date: 5/20/2014 4:32:36 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 5/21/2014 8:52:35 AM Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 5/22/2014 4:08:33 PM Name: Carne11Steve Title: Administrator-Public Services,Public Services Division Date: 5/27/2014 3:30:53 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/28/2014 2:55:54 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 6/2/2014 11:00:30 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/2/2014 11:55:39 AM Packet Page-1316- 6/10/2014 16.D.4. dexilECTION r• -av`'. s I SOVEREIGNTY SUBMERGED LANDS LEASE ANNUAL WETSLIP 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 SUP 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 shaft 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: htlol/wvrw.fir Gie`s- � . - .a p:.' t FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS 3900 COMMONWEALTH BOULEVARD,MS 100 TALLAHASSEE,FLORIDA 32399-3000 (850)245-2555 Packet Page-1317- 6/10/2014 2013/2014 Wetslip Information Form Lessee: (j_01[vi tixfrr- - Instrument No: ' I 00 l' I. INFORMATION ON WETSLIPS LOCATED ON STATE-OWNED LANDS 1.Number of Temporary Slips-Saps 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. `- 2.Number of Transient Slips-Slips that are rented on a short term basis. 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 -, c 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 an Stati-O We dtends Add lines 1,through.8• • Zel Is your facility a Pier with Admission Fees? YES (Ni) Circle One 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. H. INFORMATION ON WETSLIPS LOCATED ON PRIVATELY-OWNED LAND 1.Number of Slips Sold,Subleased,Licensed,Assigned,etc: u 2. Number of Public Slips-open to the public on a"first come,first served"basis. D 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 lilies 1 through 3 C� Packet Pa a-1318- 6/10/2014 16.D.4.1 2013/2014 GROSS INCOME REPORTING FORM Lessee: (o I l t/. .y' rr✓G(2.n-Hi. Instrument#: I L c: °. ;; �--, T Direct Income indirect income , All income received directly by Lessee from All income received by someone transactions within the lease boundary.' other than the Lessee for transactions involving the use of state-owned submerged land May 2013 $ e G i `- June 2013 $ 4-- S July 2013 $ "'' " '"�- 4-...5-7.-...,r---"1. -, f August 2013 $ j G G $ e(,),=-, D c September 2013 S 4 w--j-.<C .O 5 '�z= I= . - i October 2013 "` " ,'� November 2013 $ - $ r , z:-.1.--. 1 December 2013 $ • C .''jai $ ___ ::%=r January 2014 S -7 ,. $ 4 ' . u February 2014 $ 3Q. - $ Z. March 2014 $ ' - 1 9 $ '; "e°` 4 April 2014 $ c? 4 $ __ .. TOTALS 7 `" 1 ;3 2 Every.month` ustrbef it ed:Ot t even vifief, t e_mo i.i sze ? "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,dub 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 indude 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,slip"sellers",slip interest transfers,new club 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#100 TALLAHASSEE,FLORIDA 32399-3000 (850)245-2555 Packet Pte-1319- 0 6/10/2014 16.D.4. CERTIFICATION Instrument No. I I CO Z v 1. . C� Lessee Name: ( r 11( ( G(J 114-r( 1:171 GV t { r Billing Address I r�f)O C� L-t ti t r 4 11 RG� City/State2ip �'1 a f is 1 'i" (i G► Telephone: (Z3d1 Z`T o 0 (Please provide area code) Facility Address: - t S 0 47G1 t ft P+-. D y i VG Cl y/County/Zip: (1G,I)G►i lat1 ct 'L-. 34. I,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 Wetsiip Information Form and the Gross income Reporting Form is true and correct;(2)I have read and understand the tonne 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 n Printed Name of Signature Title Date STATE OF COUNTY OF Sworn to or affirmed and subscribed before me the day of .20 , by Personalty Known urc rrooucea+oenturcatron (SEAL) Type of identificalton produced Notary Signature Commission Expires U Packet Pa a-1320- 6/10/2014 16.0.4. DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315-3070 Bill To VISMISManalr COLLIER COUNTY, FLORIDA 15000 LIVINGSTONE ROAD INVOICE NAPLES, FL 34109 ** INVOICE/INSTRUMENT INFORMATION ** Invoice#: 76702 Instrument#: 110028165 Invoice Date: 04/15/2014 Expiration Date: 05/05/2015 Due Date: 05/1512014 Extended Term Fee: NO Rate: AQUATIC PRESERVE RATE Location: GOODLAND BOATING PARK, RAMP AND DOCKING ** 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.fldepportalcom/go/pav-invoicest. Late payments are subject to a 12% Interest fee pursuant to PAC 18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA Net Extended Description Memo Object Square Rate Discount Amount Term Fee Feet ANNUAL LEASE BOAT SLIP RENTAL 021017 47,753 0 332938 30% $11,129.15 FEE 2014/2015 DISCOUNT APPLIED Subtotal $11,129.15 Sales Tax(0.0%) $000 County Tax(0%) $0.00 Note:PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS Total $11,129.15 AND RETURN WITH YOUR REMITTANCE invoice $11129.15 Balance Due instrument/Lease 129 15 Balance Due 1. * ANNUAL LEASE FEE FORMULA= BASE FEE* - DISCOUNT+ EXTENDED TERM FEE 'BASE FEE=Base Rate x Net Square Feet OR *BASE FEE x Minimum Rate DISCOUNT=Bade Pee Dtscourn Perdentege .f.--;XTENDED TERM FEE= Ease Pee x Extended Term Fee Percentage For any questions concerning this invoice,please call the Division of State Lands at(850)245-2555. Packet Page-1321-