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Agenda 09/09/2014 Item #16D 5 9/9/2014 16.D.5. EXECUTIVE SUMMARY Recommendation to authorize payment of a $5,592.91 Invoice for the public's use of Sovereignty Submerged Lands at Cocohatchee River 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 September 28, 2010, the Board approved a Sovereignty Submerged Lands Lease Renewal Lease for Cocohatchee River Park(Agenda item 16D13). The lease was recorded in the official County records OR Book 4681,Page 24. Paragraph 2 of the Lease requires the County to pay an annual fee based on the entire leased area(22,577 square feet)upon notification by the FDEP of the due date. An invoice for$5,592.91 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) 2013/2014 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 September of 2014. FISCAL IMPACT: Funding in the amount of$5,592.91 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 a majority vote for Board action-JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners authorizes payment of a $5,592.91 invoice for the public's use of Sovereignty Submerged Lands at Cocohatchee River Park, approves submittal of the 2013/2014 Wet Slip Revenue Report forms to the Florida Department of Protection, authorizes the Chairman to sign the Revenue Report Certification. Prepared By: Nancy E.Olson,Regional Manager,Parks and Recreation Packet Page-1772- 9/9/2014 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.5. Item Summary: Recommendation to authorize payment of a $3,758.37 Invoice for the public's use of Sovereignty Submerged Lands at Cocohatchee River 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: 9/9/2014 Prepared By Name: BetancurNatali Title: Operations Analyst,Beach&Water 7/28/2014 3:39:33 PM Submitted by Title: Regional Manager-Parks&Recreation,Beach&Water Name: OlsonNancy 7/28/2014 3:39:34 PM Approved By Name: WashburnIlonka Title: Manager-Park Operations,Parks&Recreation Date: 7/28/2014 4:09:29 PM Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 7/28/2014 4:49:00 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 7/29/2014 9:58:18 AM Name: WilliamsBarry Title: Director-Parks&Recreation,Parks&Recreation Date: 7/29/2014 10:22:27 AM Packet Page-1773- 9/9/2014 16.D.5. Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 7/29/2014 5:43:44 PM Name: CarneliSteve Title: Administrator-Public Services,Public Services Division Date: 7/30/2014 10:28:25 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 8/14/2014 4:42:15 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/15/2014 10:24:29 AM Name: FinnEd Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/15/2014 5:06:40 PM Name: OchsLeo Title:County Manager, County Managers Office Date: 8/25/2014 1:50:54 PM • Packet Page-1774- 9/9/2014 16.D.5. ,9AtECDWV visaimmormasmiar 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 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)245-2555 Packet Page -1775- 9/9/2014 16.D.5. 2013/2014 Wetslip Information Form Lessee: , •, .04 A Instrument No: ( ( a ;85 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. 0 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 ! a 5 utomatic renewal rights or conditions. ` 4. Number of Slips Not Usable-Slips that are silted in or are in low water. 0 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. 0 Is your facility a Pier with Admission Fees? YES Q•' 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. II. INFORMATION ON WETSLIPS LOCATED ON PRIVATELY-OWNED LAND 1. Number of Slips Sold, Subleased, Licensed,Assigned,etc: 0 2. Number of Public Slips-open to the public on a "first come,first served" basis. 0 3. Number of Private Slips, not rented to the public- Slips used for O personal mooring,Association common area, etc. Via;. j++-.s'7 a .�.. ,.r., n ui ,; .t Packet Page -1776- 9/9/2014 16.D.5. 2013/2014 GROSS INCOME REPORTING FORM Lessee: ( (tI $' Cpun Instrument #: (I 034 3 $g5 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 June 2013 $ ?j r $ clif3.&g July 2013 $ Si.le $ 14105, 51 August 2013 $ 7-3-3. 11 $ 5911 5- September 2013 $ I52.71c, $ 3i6,(6)(0.2,11' October 2013 $ .� $ 1O{ ►57 November 2013 $ '' 59.Iv5 $ 231I (731. December 2013 $ 7-76, ' $ (aj (015. 34 January 2014 $ 3 far• -f 1 $ 1 I (39• February 2014 $ 33 I. "7t) $ gI I Q4.6 March 2014 $ 2,4-1. 448 $ 6 1 4f 31, 2•41 April 2014 $ 24410 (j q $ 9144•LiLf May 2014 $ �'j.� (71 $ Z5. 93 TOTALS $ j �� .14 $ tic al "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,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 C,y Packet Page -1777- 9/9/2014 16.D.5. CERTIFICATION Instrument No. I ( 0 3 O E 5 Lessee Name: rO i ( i e r Ceun-k -=l G Ic'dcr Billing Address IS 000 L(VIgh c,-61 Road City/State/Zip I v q pL's ( 'FL. 3-1-109 Telephone: 031 ) 052- 4-000 (Please provide area code) Facility Address: 13. J I Uanrd'bt e !-1 Dry v City/County/Zip: �S t -t'tr . ��-� o"I- 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 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 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 urt rroaucea ioenuricauon (SEAL) Type of identificaiton produced Notary Signature Commission Expires Approved as to form and legality ATTEST: DWIGHT E. BROCK, Clerk ti 2 8Y: Assistant County Attc Packet Page -1778- IIIIIMINI■111111■••••••■ , , 9/9/2014 16.D.5. ..................., f Et'F'II V r•-‘ ' , 1 { DEPARTMENT'OPENVIRON mENTAL.-Olio -' Aug 0,1 Ilia ., . RECEIPTS SECTION POST OFFICE BOX 3070_ ._._ •• •=.4 - -.:, ,. TALLAHASSEE,.FL 3231S-3070 . . Parks Recreation • . . tareaszentisear. Bill To: . . :. . .. COLLIER.COUNTY FLORIDA 15000 LIVINGSTON ROAD , , .: INVOICE NAPLES, FL 34109 i• . .. ... ...... . so INVOICE I INSTRLIIillENVINFOR1W. " , . , • . taViaraff.: 79117: i ,inalrunlant in ,'110343885: - invoice Date: 0401-4 i ExpitSait Data 06125(2010: Due Date: ogiiitittit. .' Extended Tern'Fee: NO . •. .. --, , • Rate tiA.* *tt.'. Loose ri: ' .0 RIVER PARK 1'2' -ANT REMINDERS" If paying by maitlilbaski.*Orkinenice with your payment to the above address. Online payment i*Chita;credit card or debit CardIsivailable at --!,./t q:,:.di :: -• '_fel- t,4ortal.00 i_e.oi•a -frivol-. '.. tatte payments arsieiiittielrirA Interest,fee pursuant to FAC 48,41.011(101*.g . ' INFORMATION. 7. ... : . ANNUAL LEASE FEE DATA Net . ,, Extended Description Memo Object Square. Rate Discount Terrn ree .. , , • REPORTED INCOME 201312014 WETSVP $91.312.53 X 6%= •SUPFLEMENTAL. $5,478,7B-LESS 1304 .,... 02101T, 22.577 0 NIA 1' .f..794,0A 1 BILLING: • • BASE FEE OF$3;681;tri • NI AMOUNT DUE, .... . •• ;•Subtotal, $1,790.9S • Sales"Mk(0.0%) . $000. . r Counti Tait(0%) $0.00- Total $1.796-96 Nutai214134014SUMEMENTAL(WO .. . MIMIC° ,.......,„., BariOate Due Insinniterretease 45. 0201 • Balance Due .0 : . „ .• _ ..,......, ,..—..._., . . ... ..... ANNUAL LEASE FEE FORMULA=BASE FEE,...,-,DISDOUNT:t EXTENDED TERM FEE *BASE FEED 13ase Ratix N et Squaw Paer.Ot-' *RASE FEE /4/nitutun Rate DISCOUNT st Base Fess Discount Percentage.. -EXTENCED,TERICFEE NE Base.FeexExtentled Tian Foe-Peteentegt . . . For any questionatoncerning 0141oice,please c a lithe Division of State Latvia 4-0041245-2455. • CD 1 7/730/ (111' • Packet Page -1779- 9/9/2014 16.D.5.. ie. ..... p AUG 0 I Z414 U oto '- DEPARTMENT Of ENVIRONMENTAL PROTECTION A , RECEIPTS SECTION . POST OFFICE BOX 3070 .' Parktftecreatio ,* . . - TALLAHASSEE, FL 32315-3070 ., . 1 ‘t. I I' Sill To Vageaniegaltlf COLLIER COUNTY FLORIDA 15000 LIVINGSTON ROAD STATEMENT NAPLES, FL 34109 ....._ . ___. ...._ .. . — .._. .-. **STATEMENT I INSTRUMENT INFORMATION" StaternentDate: 7/3012044 Instrumeni#: 1103433/5 Expiration Date:-06/25/2015 Lbcalion: COCOHATCHEE RIVER-PARK „ .., - IMPORTANT REMINDER Late payrnentsarosubject*cra 12%interest fee,purstialltWFAC 18-21-011(1)(b)lt ACCOUNT ACTIVITY TO F I GURE'INTEREST Account Transaction&Balance information. PrIncl.al Inhumation Date. Transaction DeaCti.tion Amount wrinna 1 Invoice# 'LS* 1=211 08/03/200' INV#46613- RREARS $29.290.49 $29,290.491 -- Mr= -- 08/03/200! INV#415813-ARREARS $13,953.88 $43,244.17.11.11111. 11/30/200! PMT#964436 ($13;953 E38 $29,290.49 I - - MI 11/302009 PMT#984436 ' 9.290 49) 5000 -- -- 1 INV148515-SUBMERGE:LLANO *6/03/2"1! $555.00 $555.00 II.1111M - PROCESSING FEE 11/30/200! PMT#984437 - ($555.01)) $0.00 11111M - MIMI +4/15/2011 NV .58& -ARREARS' $5.781 00 $5,781,00 04/1512011 INV#58888-25%INITIAL SURCHAi.',GE $865.18 $6,646.16 11=11111 - -• 041122011 P MT#1076562 ($565.18 $5,781.00 MIN 1111111111111 -- 1 122011 PMT#1076561 5781 00 $0-04 1111251111111111=111111311111 05/312011 INV#54,515-ANNUAL_ -SE FEE li11/2012 $3,536.08 $3536.08 II= - -- 06129/2011 PMT#1097970 ($3.536.06 $0.00 IN=NI==Ell 05/31/201 INV A63638-ANNUAL LEASE FEE 201 ,r+13 $3,516.70 $3,616.70 - MEMO NM= 06/25/2012 PMT#1159682 (S3616.70 $0.00 -- NI= - 06/30/2013 INV#70595- NN AL LEASE FEE 2013/2014 53,881.79 $5,681,79 Ma MEM - 10/01/2013 PMT#1246531 $3,68t7 50.00 I --- , -. MI NV 05/302014 I tn-7362-ANNUAL LEASE FEE 2014/2015 $3,758.37 $3,758.37 - -. 17115,,,,,,,,, INV#79177-20132014 WET SLIP $1796.96 C1112111111111111111111111 ---SUPPLEMENTAL BILLING ",“,n?"„, INV#79380-1 V INTEREST ON P 4ST DUK $37.56 $8592.91 30 day 13,758.37 5.11BNIERGED LAND INVOIC AMOUNT DUE $5,59241 I _ Ao any questions:Concerning this Staement,phiiiiiie till(850)245-2720. 7/30/2014 CA Packet Page -1780- 9/9/2014 16.D.5. AuG : : DEPARTMENT OF ENVIRONMENTAL PRoTetr 0 Fi zta ";ot . ; 400071DM RECEIPTS SECTION: POST OFFICE BOX 3070 Parks:,Recreatbn: t. TALLMASSEE, FL 32315-307a. Bill To: leggillaterSEESI COWER COUNTY FLORIDA 15000 LIVINGSTON RpAp. INVOICE NAPLES,ft..34109 " INVOICE I INSTRUMENT INFORMATION', 4009*Y11C 77362. Jngtrument# 11030385L ***14*Dittc, 05/3012014.: Eloirmion Date 06/2501$ „„ Due'Dew:: *2912014 Ext.ndedTerm F 141 • Ng:. Rate: BASERATE Location: :CC;IP:011ATCHEE RiygR PARK #:*,'IMPORTANT REMINDERS",s If payintalaOnail,ipieaserefiurn invoice-IOW your payment follieeboveaddrees.. "-Onfineopytsptblit:40ecirs,credit card card In available at E.•,ntt0i,iniivoningmtAtiontgalLolgtV. 14e,payments are suble***.e1214 in*reid ttie pursuant to FAG 48.-k01114,11Xbr11. INFORMATION ANNUAL LEASE FEE DATA - NetSauare Extended • Description Memo. Object gato.. Discount *Amount foot •,, .,„ , Term Fee ANNUAL:I:SASE FEE 4i440i5 '02'010 0..iece489! $3,753,47., • SubtOttd $3,7504r Sales Tax 40 • $0.00, County Tiiii1050 so.ocr Note:PLEASE DOMPLEMTHE ENCLOSEDANCOW,REPORTINDfORMS TOO $3.758.37 AND RET4RN WITN,YPURREMITTANPg 'Mk** $3,760:37 Balance:DUG • instrlynent/Lease t5 552si • Balance Due • ANNUAL LE FEE:FORMULA=BASE FE -DISCOUNT... EXTENOEir TERM FEE • ....vAsEFEE 13ase Rate*Net.Stileare 104,0E*E riffnimum Rafe =cow.t3ase Fee x OhiceontPeftintagt papopfanms.FEE ,3ase Fee x Extender/Term feakentaiek Fotany4pOstions.Concerningi this invoice,pleaseicall pAilido,notState Lands at(850) 245-2555. 7.7130404': Packet Page -1781-