Agenda 06/11/2013 Item #16D106/11/2013 16.D.10.
EXECUTIVE SUMMARY
Recommendation to authorize payment of a $10,902.38 Invoice for the public's use of Sovereignty
Submerged Lands at Goodland Boat Park and approve submittal of the 2012/2013 Florida Annual
Gross Income Reporting Form to the Florida Department of Environmental Protection.
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 in order to maintain Goodland Boat Park open to the public.
CONSIDERATIONS: On July 28, 2009, Agenda Item No. 16D (13), the Board approved a Sovereignty
Submerged Lands Lease Renewal and Modification to Reflect Change in Ownership, Reflect Change in
Description of Use, Reflect Change in Term, Increase and Reflect Correct Square Footage, recorded at
Official Records Instrument 4331704 or 4483, Page 799 of the public records of Collier County.
Paragraph 2 of the Lease requires the County to pay an annual fee based on the entire leased area (41,305
square feet) upon notification by the FDEP of the due date. Parks and Recreation has received an invoice
for $10,902.38, along with the 2012/2013 Wet Slip Information Form. The Annual Lease Fee for
2013/2014 is also based on information from 2012/2013. The 2013/2013 Wet Slip Information Form was
completed by staff and states that the County received income directly and indirectly from the lease area
in March 2013 and April 2013, includes the number and type of wet slips and certifies that all information
provided is correct. Approval of this item will authorize the Board Chairwoman to sign the 2012/2013
Wet Slip Information Form and authorize payment of the invoice.
FISCAL IMPACT: Annual lease fee for 2012/2013 is $10,902.38. Funding is available within the Parks
and Recreation (001) Operating Cost Center 156364.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
majority vote for approval -JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
request.
RECOMMENDATION: That the Board of County Commissioners authorize payment of a $10,902.38
invoice for the public's use of Sovereignty Submerged Lands at Goodland Boat Park and approve
submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to FDEP.
Prepared By: Nancy E. Olson, Region Manager, Parks and Recreation
Attachments: 1) 2013 -2014 Sovereignty submerged lands annual lease fee and wet slip revenue reporting,
2) Submerged Land Lease 3)FDEP Submerged Land Lease Fee Calculation
Packet Page -1436-
6/11/2013 16.D.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.10.
Item Summary: Recommendation to authorize payment of a $10,902.38 Invoice for the
public's use of Sovereignty Submerged Lands at Goodland Boat Park and approve submittal of
the 2012/2013 Florida Annual Gross Income Reporting Form to the Florida Department of
Environmental Protection.
Meeting Date: 6/11/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
5/10/2013 1:42:13 PM
Submitted by
Title: VALUE MISSING
Name: OlsonNancy
5/10/2013 1:42:15 PM
Approved By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/16/2013 9:08:38 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/16/2013 5:37:41 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 5/23/2013 9:07:34 AM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 5/29/2013 12:05:14 PM
Packet Page -1437-
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 5/30/2013 3:54:47 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 5/30/2013 5:34:48 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/31/2013 2:13:23 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/3/2013 9:41:04 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/3/2013 3:42:52 PM
Name: OchsLeo
Title: County Manager
Date: 6/3/2013 4:39:01 PM
Packet Page -1438-
6/11/2013 16.D.10.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECEIPTS SECTION
POST OFFICE BOX 3070
TALLAHASSEE, FL 32315 -3070
r ( ,
Bill To: APR 1 9 2013
COLLIER COUNTY, FLORIDA
15000 LIVINGSTONE ROAD Parks Recreation
NAPLES, FL 34109
** INVOICE / INSTRUMENT INFORMATION **
6/11/2013 16.D.10.
INVOICE
Invoice #: 69405 Instrument #: 110028166
Invoice Date: 04/15/2013 Expiration Date: 05/05/2015
Due Date: 05/16/2013 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. fldepportal .com /goip@y4nvoices /.
Late payments are subject to a 12% Interest fee pursuant to FAC 18- 21.011(1)(b)11.
INFORMATION
ANNUAL LEASE FEE DATA
Net
Extended
Description
Memo
Object
Square
Rate
Discount
Term Fee
*Amount
Feet
ANNUAL LEASE
BOAT SLIP RENTAL
021017
47,753
0.326154
30%
Y
$10,902.38
FEE 2013/2014
DISCOUNT APPLIED
Subtotal
$10,902.38
Sales Tax (0.0 %)
$0.00
County Tax (0 %)
$0.00
Note: PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS
Total
$10,902.38
Invoice
AND RETURN WITH YOUR REMITTANCE
Balance Due
$10,9o2.3s
InstrumentlLease
Balance Due
$10,902.38
ANNUAL LEASE FEE FORMULA = BASE FEE* — MISCOUNT + EXTENDED TERM FEE
*BASE FEE = Base Rate x Net Square Feet OR
*BASE FEE = A inimum Rate
DISCOUNT = Base Fee x Discount Percentage
EXTENDED TERM FEE = Base Fee x Extended Term Fee Percentage
-or any questions concerning this invoice, please call the Division of She Lands at (8W) 245-2720.
Packet Page -1439-
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECEIPTS SECTION
POST OFFICE BOX 3070 F7D77EC'---7 �TALLAHASSEE, FL 32315 -3070 j = li
! APR 19 2013
Bill To:
COLLIER COUNTY, FLORIDA Parks Recreation
15000 LIVINGSTONE ROAD
NAPLES, FL 34109
** INVOICE / INSTRUMENT INFORMATION **
6111/2013 16.D.10.
INVOICE
Invoice #: 69405 Instrument #: 110028165
Invoice Date: 04/15/2013 Expiration Date: 05/05/2015
Due Date: 05/15/2013 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.fldeDportal.com /go /pay- invoices /.
Late payments are subject to a 12% Interest fee pursuant to FAC 18- 21.011(1)(b)l1.
INFORMATION ANNUAL LEASE FEE DATA
Net Extended
Description Memo Object Square Rate Discount *Amount
Feet Term Fee
NUAL LEASE BOAT SLIP RENTAL 021017 47,753 0.326154 30% Y
E 2013/2014 DISCOUNT APPLIED $10,902.38
Note: PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS
AND RETURN WITH YOUR REMITTANCE
Subtotal
$10,902.38
Sales Tax (0.0 %)
$0.00
County Tax (0 %)
$0.00
Total
$10,902.38
Invoice
Balance Due
$10,902.38
Instrument/Lease
Balance Due'
$10,902.38
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 (85D) 245-272&,
Packet Page -1440-
April t5, 2013
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
MARJORY STONEMAN DOUGLAS BUILDING
3900 COMMONWEALTH BOULEVARD
TALLAHASSEE, FLORIDA 32399 -3000
Subject: 2013/2014 Sovereignty Submerged Lands Annual Lease Fee
and Wet Slip Revenue Reporting
Dear Sir or Madam:
6/11/2013 16.D.10.'
RICK SCOTT
GOVERNOR
IIERSCHEL T. VFNYARD JR.
SECRETARY
Enclosed you will find your 2013 /2014 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 Upchurch or Alicia
Ruffin, and for questions regarding the enclosed wet slip revenue reporting package, please
contact Cheryl McCall or Starla Wagner at (850) 245 -2720.
Bureau of Public Land Administration
Division of State Lands
Enclosures
wwly, dep. state. 1. w
Packet Page -1441-
2012/2013 Wet Slip Information Form
Lessee: Instrument No: ( G
1. INFORMATION ON WET SLIPS 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. D
B slips.
rented on a short term basis.
bile on a "first come, first
- than one year and with no Z 00
re silted in or are in low water. O
sod, Assigned, etc. - Attach a
a, sublease, license or
sublessee's name, unit
transaction.
B public - Slips used for t�
tc. V
nission Fees? YES NO2
Girds One
the State of Florida each year. In an effort to learn if boaters have an
are requesting information on wet slips that are not within a state -owned
from these slips is to be reported.
CATED ON PRIVATELY -OWNED LAND
used, Assigned, etc:
bile on a "first come, first
s public - Slips used for
tc.
f
6/11/2013 16.D.10.
bJ
Packet Page -1442-
6/11/2013 16.D.10.
201212013 GROSS INCOME REPORTING FORM
Lessee:
f .11 1
Instrument #:
L
Month Year
Direct Income Indirect Income All inco e received by
The beginning month is the All income received directly by lessee from the Lessee for transa t ons involving the use All Anniversary month of your lease. transactions within the lease boundary.' of state -owned submerged land within the
une
November
ber
rch
ALS
2012 $
2012 $
2012 $
2012 $
2012 $
2012 $
2012 $
2012 $
12013 $
2013 $
2013 $
L4
■
0
V
, C0
00
$
$
$
R
Ij
i�
V
U
�d
"Enter Zero If slips are non - revenue g
Income is defined in chapter 18- 21.003, Florida Administrative code, as the gross revenue derived directly or indirectly from
to use of state -owned submerged lands such as slip rental, lease or sublease fees, dock or pier admission fees, club
iembership, stock ownership or equity Interest in activities where increased revenue is attributable to the use of the
,ibmerged land. However, gross revenue shall not include pass - through fees such as fees for utility services, sale of the facility
r sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for
ne transfer of the interest in a slip originally obtained from the Board's lessee, including transfer of slip rights by slip
ublessee's, slip "sellers ", slip 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 /BUREAU OF PUBLIC LAND ADMINISTRATION
3900 COMMONWEALTH BOULEVARD, MS #130
TALLAHASSEE, FLORIDA 32399 -3000
(R50) 245 -2720
C�
Packet Page -1443-
6/11/2013 16.D.10.
CERTIFICATION
Instrument No. —I o S J to 6
Lessee Name: (t) (Ail
lBllling Address
CltyiState2ip 4- ( )
'Telephone: (232) Z-6 Z- — 400b
(Please provide area code)
Facility Address:
City/County2ip:
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 Wetsllp Information Form and the Gross Income Reporting
Form is true and correct; (2) 1 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) 1 am authorized to execute this certification on behalf of the lessee; and (4) 1 am aware that any intentional false
statement herein will be grounds for cancellation of the sovereignty submerged lands lease.
Signature of Lessee
Pfinted Name of Signature
Title
Date
STATE OF
COUNTY OF
Swom to or affirmed and subscribed before me the day of . 20
by
Personally Known
OR Produced Identification (SEAL)
of identificalton produced
Signature
Commission Expires
DWIGHT E. BROCK. CLERK
rt'viV0 as W 1//4��ty 6 iryut xui s it t oc,q
Assistant COaunty ►gyp
Packet Page -1444-
6/11/2013 16.D.10.
�rV+11111� F
SOVEREIGNTY SUBMERGED LANDS LEASE
ANNUAL WET SLIP 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 coliected by you or someone else. The three attached forms must be completed and
d
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.
S 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 for any
additional fees owed. To view Chapter 18 -21 Florida Administrative Code, on Sovereignty Submerged Lands Management in its
entirety go to: http: / /www.flruies.or ateway /ChapterHome.asp?Chapter =18 -21
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF STATE LANDS /BUREAU OF PUBLIC LAND ADMINISTRATION
3900 COMMONWEALTH BOULEVARD, MS 130
TALLAHASSEE, FLORIDA 32399 -3000
(850) 245 -2720
Packet Page -1445-
INSTR 4331704 OR 4483 PG 799 RECORDED 8/18,/2009 10:26 AM PAGES 17 6/11 /2013 16. D.10.
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $146.00
This Instrument Prepared By.
Rebecca Statt 233
Recurring Revenue Section
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 AND
MODIFICATION TO REFLECT CHANGE IN OWNERSHIP, REFLECT CHANGE
IN DESCRIPTION OF USE, REFLECT CHANGE IN TERM,
INCREASE AND REFLECT CORRECT SQUARE FOOTAGE
No. 110028165
PA No. I1-01386&q 5
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.
WITNESSM: 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 JL
Township 52 South Range 27 £asL in Blue Hill Cree
Collie County, containing 47.753 square feet, more
or less, as is more particularly described and shown on
Attachment A, dated May 12, 2009.
TO HAVE THE USE OF the hereinabove described premises from October 15. 2008 the effective date of this modified
lease renewal, through Mav 5.2015. the expiration date ofthis modified lease renewal. The terms and conditions on and for
which this lease is granted are as follows:
1. scar Ur PROP .RTyl The Lessee is hereby authorized to construct and operate a 28 -slio doekinglacility with
marginal and faced doekin 2 ftshine Diets and a public boat ra exclusively to be used for moorine of recreational vessels and
1 law enforcement veil in conjunction with an upland dockmaster facility oicnic oavilio oArkin e lot and and boetine Dark
without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida
Department of Environmental Protection or local authority, whichever entity applies the more
liveabo stringent criteria, and without
azds as defined in paragraph 29, as shown and conditioned in Attachment A, and the State of Florida Department of
Environmental Protection, Consolidated Environmental Resource Permit No. 11-0138665.005. dated October 1 S 2008
incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this
Lease. The construction ofthe proposed structures depicted on Pages 10-13 of Attachment A of this modified lease renewal shall
be completed no later than October 15.2013. The failure to complete construction ofsuch authorized structures within this time
period shall constitute a material breach of the lease pursuant to Paragraph 13, herein.
101]
Packet Page -1446-
This Comeya2:1 Approved Ey
The Boatt] Of County
COMMI"lonem
Cslll' McFlorlda, Pur=da
m No: /b 13
OR 4483 PG 800
. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area
(41.305 square feet) of58.642.53. plus 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Statutes, if
applicable. The Lessee further agrees to pay 5253.52 for severance of sovereignty submerged material, upon receipt of an
invoice. The annual fee for the remaining years of this lease for the entire lease area (47,753 square feet) 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.
6/11/2013 16.D.10.
3. WET SLIP RENTAL CERTTFICATTON/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(28), Florida Administrative Code, derived directly or
indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6 0/*) 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. (8) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
at the leased docking facility to it third party shall include a provision that clearly notifies the wet slip renter /user/holder that if
the wet slip renter /usedholder subsequently transfers his right to use said wet slip to another party, the instnunent 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.
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 (120 %) 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, the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease 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
ofannual lease payments as specified in paragraph two (2) above.
6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the
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 (ii) 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 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 and as conditioned by the State of Florida Department of Environmental Protection,
Consolidated Environmental Resource Permit. The Lessee shall not 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.), shall not
change activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permittmodified permit, if applicable, and the Lessor's written authorization in the form of a modified lease, the payment of
additional feu, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization
under the modified lease.
Page 2_of 17 Pages
Sovereignty Submerged Lands Lease No. 011 028165
Packet Page -1447-
OR 4483 PG 801
6/11/2013 16.D.10.
S. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hcreinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hercinbefore 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
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. INTERt:_cT IN RIPARIAN PLAM PROPERTY During the term ofthis lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property. Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence ofthis 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 ofthis lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
10. ASSIGNMENT OF LEAS This lease 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 ofthis, 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. INDEMNiFiCAT fON/INVESTIGATION OF LL C AIMS The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any parry hereto, as provided in Section 76828, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
12. VENUE- Lessee waives venue as to any litigation arising-from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICES /COMPLIANCR� t FRMINAT1oN The Lessee binds itself, its successors and assigns,
the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants 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
maybe 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 costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. 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, Florida
15000 Livingston. Road
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.
14. TAXES AND ASS c MUN • The Lessee shall assume all responsibility for liabilities that accrue to the
Property operty 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 ofthis least.
15. 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 ro
are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly posed use and occupancy
nuisances or illegal operations of any kind on the leased premises. B1Y permit or sutler any
Page —L of —a Pages
Sovereignty Submerged Lands Least No. I I D028165
Packet Page -1448-
OR 4483 PG 802
6/11/2013 16.D.10.
16. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: 7'be 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. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased
premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time.
17. NON-DISCRIMINATION: 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 or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thtmoi), to notify the Lessor in writing, so that a replacement may be provided.
18. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part ofthe 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.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
20. RENEWAL PROVISIONS: Renewal of this lease shall beat 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 Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or 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 shall constitute
an affirmative covenant upon the riparian upland property more specifically described in Attachment ]L which shall run with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
21. 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, 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 13 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.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: 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 interest of the Lessee in the riparian upland property enforceable in summary
proceedings as provided by law.
23. RECORDATION OF LEASE. The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. 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 agreement and shall be grounds for immediate termination ofthis
lease agreement at the option of the Lessor.
Page 4 of 17 Pages
Sovereignty Submerged Lands Lease No. 110028165
Packet Page -1449-
OR 4483 PG 803
6/11/2013 16.D.10.
25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. its
provisions are not severable. Any amendment or modification to this lease 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 ]eased 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.
26. ADVERTISEMfiNT/S1GNS/NON WA D PENDENT A["rtVmrrS/pDDiTiOTIA
ACTIVITIES/MTNC>n STRt CT iA e r evn A ree 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 dredgin&
relocation/realignment or major repairs or 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 lease.
27. ACOE AUTHORIZATION• Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
28. COMPLTANCE WITH F O DA A W : 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
ofthis lease by the Lessor.
29. LEMABOARDS: 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. !f 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.
30. SrAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereot; 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
gambling cruise ships. carry Passengers to and from such
31. SPECIAL LEASE CONDITIONS,
A. A minimum of ninety percent (90 %) of the wet slips at the docking facility shall be made available for rent to the
general public on a "first come, fist served" basis, as defined in subsection 18- 21.003(25), Florida Administrative Code, with
no longer than one -year rental terms and with no automatic renewal rights or conditions. To help ensure compliance with and
to assist in providing public awareness of this requirement, the Lessee shall erect permanent signs at the waterward entrance to
the docking facility and at the upland entrance to the docking facility which are clearly visible to passing boaters and the
general public. The signs shall contain language clearly indicating that no less than ninety percent (90 %) of the wet slips at the
docking facility are available for rent to the general public. Any dockage rate sheet publications and dockage advertising for
the docking facility shall clearly state that ninety percent (900 %) of the wet slips at the docking facility are open to the general
public on a "first come, first served" basis.
B. Any vessel moored at the docking facility, on either a temporary or permanent basis, shall be wholly located within
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,
Page .L ofj Pages
Sovereignty Submerged Lands Lease No. 110_ 028165
lia
Packet Page -1450-
OR 4483 PG 804
6/11/2013 16.D.10.
C. Within 30 days after the completion of construction of the docking facility, Lessee shall install and display
permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this
endangered species from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent
renewal periods and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall
ensure that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation
of these signs shall be in accordance with the handout, "Permanent Manatee Signs," which can be obtained from the Florida
Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street — 6A,
Tallahassee, Florida 32399 -1600 (Phone 850/9224330).
Page -�L of 17 Pages
Sovereignty Submerged Lands Lease No. 110028165
Packet Page -1451-
OR 4483 PG 805
STATE OF FLORIDA
COUNTY OF LEON
The foreaoiaa
6/11/2013 16.D.10.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF STATE
OF FL DA
(SEAL)
BY:
Jeffery JWGen ,Operations and Management Consultant
Manager, 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
instrument was acknowledged before me this laTMday of
Typed/Printed Name of Witness
STATE OF JeLOe fd� /'
COUNTY OF C10LG�
He
"LESSOR"
209 by
��' Typed or �16a'v ovt>MC State d Fbritla
IrarnY C .ri!tn
My Commission E My Cmnr. us a+ oo�neaz
er a
Fxyrea 70pe2ett
Commission/Serial No.
Collier County, Florida ( ALl
By Its Board of County Commissioners
BY:
sign
Original Signature of a uting Au onry
a Fiala
Type&Wnted Name f Executing Authority
Chairman
Title of Executing Authority
"LESSEE"
The foregoing instnrment was acknowledged before me this vZ8 day f
Donna Fiala as Chairman, for and on behalf of the Board of Coy mmisioners of Col F 20, by
]mown to me or who has produced lontfa She is personalty
—� hf
MyCommi /Iii /a t $ign
to
GARY BIGELOW r ttlre No Public
MYCOMMISSION•DDUM7 ,!
orn exnars: M.r341010 Notary Public, State of
awotn sqM,
�� /Fsl °LOCO}
Commission/Serial No.3) �y, l? Primed, Typed or Stamped Name
Page Z of-L7— Pages
Sovereignty Submerged Land Lease No. 11=165
Approved as to form &legal sufficiency
MMi'oonty Attorney
Packet Page -1452-
OR 4483 PG 806
6/11/2013 16.D.10.
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Attachment A
Page 8 of 17 Pages
SSLL No. 110028165
Packet Page -1453-
OR 4483 PG 807
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
GOODLAND BOATING PARK
SUBMERGED LAND LEASE, BLUE HILL CREEK
A PARCEL LYING IN
SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION:
6/11/2013 16.D.10.
A PARCEL OF LAND BEING IN PART A PORTION OF TRACT 1. AS SHOWN ON BUT NOT A PART OF THE
PLAT OF GOODLAND ISLES SECOND ADDITION, AS RECORDED IN PLAT BOOK 8. PAGE 19. OF THE PUBLIC
RECORDS OF COWER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEASTERLY CORNER OF LOT 33, BLOCK F OF SAID GOODLAND ISLES SECOND
ADDITION; THENCE SOUTH 15'12'24' EAST 390.48 FEET, THENCE SOUTH 72'16'23" EAST 128.00 FEET;
THENCE SOUTH 13'51'48" EAST 180.00 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 1;
THENCE 28.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, RADIUS OF
100.00 FEET, CHORD BEARING NORTH 51'22'13' EAST 28.60 FEET TO THE POINT OF BEGINNING. THENCE
NORTH 46'51'04' WEST 19.24 FEET; THENCE NORTH 42'01'04' EAST 24.89 FEET; THENCE NORTH 4431'37'
EAST 38.16 FEET; THENCE NORTH 40'35'53' EAST 73.31 FEET. THENCE NORTH 43'13'46' EAST 46.00
FEET; THENCE NORTH 35'10'37' EAST 60.98 FEET; THENCE NORTH 3232'14" EAST 57.79 FEET; THENCE
NORTH 02.41'10" EAST 56.49 FEET; THENCE NORTH 0634'03" EAST 73.74 FEET; THENCE NORTH 10'32'53"
EAST 63.79 FEET; THENCE NORTH 21'01'38' EAST 37.17 FEET; THENCE NORTH 11'24'00' EAST 8D.57 FEET;
THENCE NORTH 07'05'40" WEST 36.09 FEET, THENCE NORTH 09'53'29' EAST 27.21 FEET; THENCE SOUTH
87'54'47" EAST 27.28 FEET; THENCE SOUTH 21'30'32' EAST 37.53 FEET; THENCE SOUTH 07'02'01' EAST
35.15 FEET. THENCE SOUTH 0749'02' WEST 152.96 FEET; THENCE SOUTH 77'40'44" EAST 5.20 FEET;
THENCE SOUTH 12'19'16" WEST 54.47 FEET. THENCE SOUTH 77'40'44' EAST 25.00 FEET, THENCE SOUTH
12'19'16" WEST 219.52 FEET; THENCE SOUTH 54'36'04" WEST 88.09 FEET; THENCE NORTH 35'24'16' WEST
18.63 FEET; THENCE SOUTH 71'13'35' WEST 15.69 FEET, THENCE SOUTH 43'08'56' WEST 142.44 FEET;
THENCE NORTH 46'51'04" WEST 38.00 FEET TO THE SAID POINT OF BEGINNING;
PARCEL CONTAINS 47,752.69 SQUARE FEET OR ,1.10 ACRES, MORE OR LESS
f
LWA E cal 0' 2350 STANFORD COURT SPECIFIC PURPOSE SURVEY
NAPLES. nMWA 34112 SOVEREIGN SUB
PHONE (239) 434 -0046 MERGED LANDS LEASE
ENGINEERING E8-; &�B. °15442
DAZE raWECr x0. rRC x0. SL4.E 'a'
b /2008 20066218 19 -52 -27 1 NO SCALE I a Or 7
Attachment A
Page 9 of 17 Pages
SSLL No. 110028165
Packet Page -1454-
OR 4483 PG 808
ra.• yr
� 1
1 7r •t�f UNDW/�
1 xraun a+ex
�a+a rwn n►•e1
_ GOODLAND °
BOATING PARK
1 (OWNED BY THE COLLIER COUNTY
DOARD OF COUNTY COMMISSIONM)
6/11/2013 16.D.10.
vow
lO cv+TU OF
P= R CKE,
A
� n ,
N�•...
�.w'w 1
u
1 ►OT u (
ROaIILEt17D LBLZts4
8"1` /ADDLTLOS
ti.. •r �
\"� •r r • I
(PUT BaaK 4 ►ACLL l AItD i)
I
2dK •
NT
'
—67,
60 ,
•1io..•� w�
,,,° •,.,,,
DppnyEl,nTD Il9TeD0
NON.30VCRDGN UPLAND
1
wl °"'° - u.
SLaC!ZiD [lL7tLxzaaont
eooR a rA6L ,q
DICAVATED CANAL
LIP 33
r
, g� '
`
(PLA1
CI
se774'ST[
POIMOt g
jK
^ •
N681/'13'C 21,.87
. G
CerAaCGQwr
rmw
wnw�x
1
_ wt
-..L.7.4i�
77y 4.t
-
ra.• yr
� 1
1 7r •t�f UNDW/�
1 xraun a+ex
�a+a rwn n►•e1
_ GOODLAND °
BOATING PARK
1 (OWNED BY THE COLLIER COUNTY
DOARD OF COUNTY COMMISSIONM)
6/11/2013 16.D.10.
vow
lO cv+TU OF
P= R CKE,
A
� n ,
N�•...
Attachment A
Page 10 of 17 Pages
SSLL No. 110028165
Packet Page -1455-
I
'
—67,
I �M� • ,
wE i1 LIAX AREA
ti �� I IQR 1741. m "De)
(To at WQDW"
LL 1Oummy1
NutoR)
100•
1
SCALE IN FEET
�•
PROP05ED
$ °•
- g.
!,? Key PRaPOSm
6oAT RAW 5UBMERGGD LAND
1JNE TABLE
f/
nay IME BOUNDARY
u.[ iR I loam
=
SEE DETAIL5
1y7D 5HECF5 3, 4 AND 5
CURVE TAM
� G
NOTE: LINEAR FOOTAGE OF SHORELINE ADJOIMNG
roIM or
ewiw w
SOVEREIGN SUBMERGED LANDS IS 673 FEET.
LEGEND:
suP nETAns�
R/W . RIGHT -Or-WAY
.oTM
L.
LOCATED AT GOODLAND I5LF-5
o - FOUND IRON PIN
6
'I
ON BLUE HILL GREEK
O FOUND RAILROAD MONUMENT
JQ FOUND RuueoAD SP9CE
z: , m��
u.wmmar. tan
L SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
• �� 2350 STANFORD COURT
NAPLES. FLORIDA 34112
SPECIFIC PURPOSE SURVEY
SOVEREIGN SUBMERGED LANDS LEASE
PHONE (239) 434 -OD46
FAX
ENGINEERING EB. /842 )& L9. °IRT 2
DATE
IpRu=
MEL
Ifu N0.
Stilt
511EE,
6/2008
20068218
19 -52 -27
1' - 100'
2 OF 7
Attachment A
Page 10 of 17 Pages
SSLL No. 110028165
Packet Page -1455-
OR 4483 PG 809
6/11/2013 16.D.10.
GOOpLAND LIMITS OF MANGROVES F
BOATING PARK (APPROXIMATE
AERIAL PHOTOGRAPHY) NED
(OWNED BY me COWM COUNTY
BOARD OF COUNTY COMMI551ONM) r /'
APPROXIMATE 1.88' CONTOUR o
MEAN HIGH WATER LINE
REFERRED TO IN
O.R. 2749, PAGE 2908 �P �' v
N r
v. N
'a
FOUND 5/8' PIN
AND CAP STAMPED'
"WIT CDR LB 5770'
+�
yy �'L ; •d PROPOSED '-a 0g0
!� oyh 7�r• -'Jf .o 'q BOAT RAMP yt PROPOSED
...k DOCKS
Attachment A
Page 11 of 17 Pages
SSLL No. 110028165
Packet Page -1456-
N35'24 -16 -W
18.63'
w .�,
" ok 3 '" o•
��`1'
n �.p
N46'51'04 "W '
`6+
19.24'
PROPOSED
�i• DOCKS
t �
i POINT OF
�t BEGINMIN'r—
EXISTING -°t
WOOD DOCK Zt
1
xl
m�
t
t
LEGEND:
0' 40'
+o 0o a SPOT ELEVATION
M w .
X - CHAINLINK FENCE
LOCATED AT GOODLAND 15LE5
a CONCRETE
ON BLUE FULL CREEK
SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST
COLDER COUNTY. FLORIDA
BEIM 235o ST D COMT
SPECIFIC PURPOSE SURVEY
PHW�E (2350) 434 -0046
FAX
ENGINEERING
SOVEREIGN SUBMERGED LANDS LEASE
ie & L6.1aa42
wrz Pftxcr M rLE "m
200fi62t6 ro -s2 -n r _ so' 3 or 7
Attachment A
Page 11 of 17 Pages
SSLL No. 110028165
Packet Page -1456-
OR 4483 PG 810
APPROXIMATE 1.88' CONTOUR
MEAN HIGH WATER LINE
REFERRED TO IN 1
O.R. 2749, PAGE 2908
GOODLAND
50ATING PARK
(OWNED BY THE COWER COUNTY
BOARD Of COUNTY COMMI551ONER5)
LIMITS OF MANGROVES
(APPROXIMATE LOCATIONS
OBTAINED FROM AERIAL
PHOTOGRAPHY)
FOUND 5/8` PIN
AND CAP STAMPED
'W&A LB 5770'
PROPOSED
BOAT RAMP
'\
NAPLES, FLORIDA 3 112
PHONE (239) 434 -0046
ENGINEERING C81629&LILf542
Attachment A
Page 12 of 17 Pages
SSLL No. 110028165
6/11/2013 16.D.10.
ip
1n
PROPOSED
DOCKS
TO CENTER OF
BLUE HILL CREEK
EXISTING SUBMERGED
aolDO, h LAND LEASE AREA
(O.R. 2749, PG. 2908)
(TO BE MODIFIED TO
r! LEASE BOUNDARY
b SHOWN HEREON)
! K 3
� N
•„ N
.•O c H �.
PROPOSED
o ED
• .i DOCKS
h
T O
_ 0�0•
SCALE IN FEET
\ 16.
\ LEGEND:
v� X = CHAINLINK FENCE
CONCRETE
9
�0
LOCATED AT GOODLAND 15LE5
ON BLUE HILL CREEK
SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
SPECIFIC PURPOSE SURVEY
SOVEREIGN SUBMERGED LANDS LEASE
DATE GN2006 N0. i1tE ND. � 61£ET
6/2006 20066276 ID -62 -27 1' - 40' 4 OF 7
Packet Page -1457-
OR 4483 PG 811
NON- 50VEKEIGN UPLAND
EXCAVATED CANAL
587'54'47 "E
1.0$56__.._ .,._ ---•-- -'86.88...- ...... -�
' --9 9 bA
FOUND 5/8" PIN'
AND CAP STAMPED
"1YkA LB 5770"
LJ Li U
S87'54'47'E
27.28' b EXISTING LIMIT OF
DOCKS SOVEREIGN
SUBMERGED
PROPOSED LANDS
1' DOCKS
2
6/11/2013 16. D.10.
Attachment A
Page 13 of 17 Pages
SSLL No. 110028165
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f
� EXISTING
Vp
DOCKS
FOUND 5/8" PIN
AND CAP STAMPED
^W
"W&A LB 5770" Ary
GOODLAND
ry
BOATING PARK
(OWNED
1
2
f' SLUE
BYTIIG COWER COUNTY
BOARD OF COUNTY COMM15510NCR5)
'- MILL
CREEK
LIMITS OF MANGROVES^
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o
(APPROXIMATE LOCATIONS
J
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OBTAINED FROM AERIAL
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PHOTOGRAPHY)
1
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APPROXIMATE 1,88' CONTOUR
MEAN HIGH WATER LINE
`O o
p• 57740'44 "E
REFERRED TO IN
PAGE 2908
5.20'
27.2'
PROPOSED -� " "t"
f
Ic.p, DOCKS
s6 �• {�
82
NOTE LOCATIONS OF EXISTING
S
STRUCTURES WITHIN THE
NON — SOVEREIGN UPLAND
EXCAVATED CANAL ARE
M AERIAL
LEGEND:
PHOTOGRAPH C INTERPRETATION
AND ARE APPROXIMATE.
---- -� - CHAINUNK FENCE
LOCATED AT GOODLAND 15LE5
x`+ CONCRETE
B E I
SECTION 19, TOWNSHIP
SH52SOUTH, RANGE 27 EAST
•
2350 STANFORD COURT
COLLIER COUNTY, FLORIDA
SPECIFIC PURPOSE SURVEY
ENGINEERING
HONE NAPLESe 3.9) 43 34112
FAX (239) 434 -9320
642
SOVEREIGN SUBAMRGED LANDS LEASE
E.B. /642& L8.
wu
5/2008
vao,ccr Nn rX[ Na
20066216
sGtE
>aacT
19 -62 -27
1' - 40'
5 OF 7
Attachment A
Page 13 of 17 Pages
SSLL No. 110028165
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OR 4483 PG 812
6/11/2013 16.D.10.
EXISTING SUBMERGED LAND
LEASE AREA
(O.R. 2749. PC. 2906)
(TO BE MODIFIED TO LEASE
BOUNDARY SHOWN HEREON)
FKOP05CD
5UBMERDEDLAND
LEA5E BOUNDARY
SCE DETAILS
SHEETS 3, 4 AND 5
0
ty SICETCH OF. RIPARIAN LINES DETERMINATION
NOTE: THIS SPECIFIC PURPOSE SURVEY DOES NOT CREATE PERMANENT BINDING RIPARIAN
LINES AND THIS OFFICE 15 NOT AWARE OF ANY BDIDR4C DETERMINATION OF RIPARIAN
. - BOUNDARIES THAT MAY HAVE BEEN MADE By AGREEMENTS OF THE AFFECTED PARTIES OR
BY A FINAL ADJUDICATION OF A COURT OF COMPETENT JURISDICTION FOR THE WATERWAY
CONTAINING THE SUBMERGED LAND LEASE PARCELS DESCRIBED IN THIS SURVEY.
THE RIPARIAN LINE AS SHOWN HAS BEEN CREATED USING THE METHOD OF DMDINC THE
UPLAND BOUNDARY. THE EXTENS'QN OF THE UPLAND BOUNDARY WOULD NOT APPEAR TO
RESULT IN A MAJOR DEVIATION IN DIRECTION FROM OTHER METHODS OR CAUSE INEQUITIES
IN THE ALLOCATION OF RIPARIAN RIGHTS.
,DO. NO RIPARIAN LINE WAS SHOWN AT THE NORTH END OF THE LEASE AREA BECAUSE IT
ADJOINS NON — SOVEREIGN SUBMERGED LANDS OF AN UPLAND EXCAVATED ARMF1CIAL CANAL
SCALE. IN FEET
Attachment A
Page 14 of 17 Pages
SSLL No. 110028165
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LOCATED AT GOODLAND 151E5
ON BLUE HILL CREEK
SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
. e�
ENGINEERING
23M STANFORD COURT
NAPLES. FLORIDA 34112
PHONE (239) 434 -0046
FAX %642 )dc S.:! 2
SPECIFIC PURPOSE SURVEY
SOVEREIGN SUBMERGED LANDS LEASE
CA,E PRO ECT M0. VILE Nq 5Q 3MV
S/2006 20066216 19 -92 -27 I' L- 100' 7 OF 7
Attachment A
Page 14 of 17 Pages
SSLL No. 110028165
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OR 4483 PG 813
PROJECT: Dolphin Cove/Goodiand
FOLIO: 483728130201
6/11/2013 16.D.10.
2924999 OR; 2972 PG; 2967
I1C1l/11 to 0111cl t 0=1 of t1 uln 1,01111, n
Il /71 /1112 at 11:1111 may I. wa, cull
con 1511011.01
uc m 15.11
1oc -.11 31111.01
cOftit
IOU: .11
WARRANTY DEED llu l"11 n
In fill
IMI 11,110
THIS WARRANTY DEED Is made this AliL day of al,30A94 _. 202, by
DOLPHIN COVE DEVELOPMENT OF GOODLAND, INC., a Florida corporation,
whose post office address Is P.O. Box 158, Marco Island, Florida, 34146 (hereinafter
referred to as "Grantor'), to COLLIER COUNTY, a political subdivision of the State of
Florida, Its successors and assigns, whose post office address is 3301 Tamiami Trail
East, Naples, Florida, 34112 (hereinafter referred to as'Grentee').
(Wherever used herein the terms 'Grantor' and 'Grantee' Include all the parties to
this Instrument and their respective heirs, legal representatives, successors and
aeelgne.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate In Collier County, Florida, to wit:
See Attached Exhibi' GMs ini
Subject to re al or a ffoorr IN
easemen �detions, and
T IS
TOGETHER with In
belonging or in anywise a p� elning.
herein by reference.
and thereafter,
of record.
appurtenances thereto
TOGETHER with all � ¢ht or permits to bu 0 "s or rights to leases of
submerged lands or leases t a ed lands t km, from, relate to, refer to or are
oonrwcted In any way with Gra r to develop the Property and all
other property rights arising from, re netted In any way with the property
and plans to develop the property.
TO HAVE AND TO HOLD the same in fee simple forever
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land In fee simple; that the Grantor has good right and lawful authority to
eel and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever, and that
said land is free of all encumbrances except as noted above,
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
DOLPHIN COVE DEVELOPMENT
OF GOODLAND, INC., a Florida
corporation
Nicole Ginic, President
P.O. Box 158
Marco Island, Florida 34146
tills COMVirVAKI ACCOMD sy TW
Attachment 6 COLLLICR COUB Y FL DAAI011ERS.
Page 15 of 17 Pages DA1 R 4al lOA►
SSLL No. 110028165 17�11 No. - �•Z.�.
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OR 4483 PG 814
OR; 2912 PG; 2968
STATE OF U.L.
COUNTY OF Wtl '=
The foregoing Warranty Deed was acknowledged before me this II day of
'S� Y , 2002, by NICOLE GINIC, President, on behalf . e of_Dolphin-Love
Development ^
of Goodland, Inc., a Florida corporation, wraorially known to m o
who has produced as IdentiHcattoh,_..: ' ~-- •- _...__ _ __. .
(affix notarial seal) /
(Signature of Notary Public)
Attachment B
Page 16 of 17 Pages
SSLL No. 110028165
Pam xail'
�efrrrd�t,ma
.,..,,..,.,..r a+..r+
(Print name of Notary Public)
NOTARY PUBLIC
Serlal/Commission #: If any
My Commission Expires:
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* ** OR 4483 PG 815 * **
EXHIBIT "A"
6/11/2013 16.D.10.
*** OR: 2972 PG: 2969 * **
A parcel of land being a portion of Tract 1, as shown on but not a part of the
Plat of Goodland Isles Second Addition, as recorded in Plat Book 8, Page
19, of the Public Records of Collier County, Florida, more particularly
described as follows:
Beginning at the southeasterly comer of Lot 33, Block F of said Goodland
Isles Second Addition; thence S 15.11' 20" E 390.48 feet; thence S 72' 15'
19" E 128.00 feet; thence S 13. 50' 44" E 180.00 feet to the southerly
boundary line of said Tract 1; thence 28.70 feet along the arc of a circular
curve concave to the northwest, radius of 100.00 feet, chord bearing N 51°
23' 18" E 28.60 feet; thence N 43' 10' 00" E 250.00 feet; thence N 12.20'
20" E 381.83 feet; thence 87.47 feet along the arc of a circular curve
concave to the southwest, radius of 50.00 fat, chord bearing N 37.46'
41.5" W 76.74 feet; thence N 87° " W 66.88 fat; thence 162.41 fat
along the arc of a circular outheast, radius of 1365.08
feet, chord bearing S 8 W 162. once S 85. 17' 17" W
201.52 feet; thence N 43" W 87.42 feet southerly right -of -way
line of Palm Avenue th W 1Q. B. eet; thence S 74' 49'
12" W 60.08 fat to th t 3 , Block F; thence S
18'12'43"E96.7 fee t th s u t 'd t 33, Block F and
the Place of beai
Parcel contains 5.22 eAis \more or leas.
Bearings are based on th I wa_iaplab , Page 19 of the Public
Records of Collier County, F r EE CIR
Attachment B
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SSLL No. 110028165
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6/11/2013 16.D.10.
State -owned submerged land lease fees
Chapter 18 -21, F.A.C., is the rule that guides the Board of Trustees of the Internal Improvement
Trust Fund (Board of Trustees) in fulfilling its responsibility to administer state -owned
submerged lands for the citizens of Florida. It establishes the specific requirements under which
a riparian land owner may use the state -owned submerged land. The rule addresses many
variables associated with that use including the different forms of authorization, management
policies and the cost associated with using the land. Each specific type of use must be
authorized by the Board of Trustees with certain authorizations delegated to staff of the
Department of Environmental Protection (DEP) or water management districts. Lease fees may
be required to be paid to the Board of Trustees as landowner. The fees are a rental charge for an
individual person or entity to use state -owned submerged land.
Single - family docks are a common use of state -owned submerged land that requires
authorization but may or may not require lease fees. The authorization can range from a simple
letter of consent to a formal lease issued by DEP staff. Lease fees are based on the entire dock
and mooring area that will be leased and considers the dock, number of slips and size of slips. For
instance, if a single - family dock is located outside an aquatic preserve and has less than 10 square
feet of lease area for every foot of riparian shoreline, lease fees are not required. Larger single -
family docks are subject to lease fees and, pursuant to Chapter 18 -20, F.A.C., docks located within an
aquatic preserve are subject to stricter standards.
Multi- family docks such as those adjacent to condominiums or townhomes require authorization
and generally require lease fees because of the size of the dock and number of slips. However, as
with single - family docks, if a multi - family dock is located outside of an aquatic preserve and has less
than 10 square feet of leased area for every foot of riparian shoreline, a lease is not required.
Private multi - family docks developed in conjunction with the upland property may be subject to a
one -time premium when a lease is initiated and the premium is calculated at three times the base
fee pursuant to section 18- 21.011(1)(c), F.A.C.
Commercial marinas require authorization which may include approval by the Board of Trustees at a
regularly scheduled Cabinet meeting, depending on the size of the lease area. These types of
facilities can be private or public with the public facilities being eligible for a 30 percent discount on
the lease fees if they have at least 90 percent of the slips available to the general public. In addition,
marinas that receive the Clean Marina designation from DEP can earn another 10 percent discount.
These discounts encourage and reward marinas that provide public access to the waters of the state.
The standard lease term is five years but is increased to ten years for marinas that are at least 90
percent open to the public. Extended term leases of up to 25 years may be obtained if certain rule
conditions are met and an additional fee is paid for the extended term. All leases require a non-
refundable processing fee and a lease may be modified and /or assigned to another party if the
lessee is complying with statutes and rules and has no outstanding lease fees.
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Lease fees are paid annually and are calculated using two components — a base fee and the amount
of revenue generated. The base fee is computed by multiplying the amount of leased square
footage by a base fee rate. The current base fee rate is approximately 15C per square foot of lease
area and is adjusted annually based on the Consumer Price Index. There is a minimum base fee of
approximately $460 which is also adjusted annually based on the Consumer Price Index. This
translates into an annual minimum lease fee for leases of approximately 3,000 square feet or less.
For all new leases, there is a one -time initial surcharge of 25 percent of the base fee due when the
lease is executed.
The second component used to determine lease fees is whether any revenue is generated from the
use of the state -owned submerged land. Lessees must complete the Annual Wetslip Revenue
Report declaring any income generated within the lease area. Examples of this would be any
money earned from a lessee renting slips to other individuals, any money associated with the
value of a slip that someone receives when selling the exclusive use of the slip along with a
condominium unit, and rental or sales income an individual condominium owner receives when
selling their rights to use a slip to a neighbor or other party. If there is revenue generated from
the leased area and 6 percent of this revenue is greater than the base fee (15G per square foot of
lease area), then the lease fee owed to the Board of Trustees would be 6 percent of the income
generated.
Chapter 18 -21, F.A.C., outlines the complete requirements for the use of state -owned
submerged land; see https: / /www.flrules.org /gateway /chapterhome asp ?chapter -18 21. Additional
information is available on the DEP website at http://www.dep.state.fl.us/lands/submerRed.htm .
FABLMS \submerged \18 -21 updated white paper 10.10.docx
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