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Agenda 09/10/2013 Item #16D 4 9/10/2013 16.D.4. EXECUTIVE SUMMARY Recommendation to authorize payment of a $3,681.79 Invoice for the public's use of Sovereignty Submerged Lands at Cocohatchee River 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. CONSIDERATIONS: On September 28, 2010, Agenda Item 16D (3), the Board approved a Sovereignty Submerged Lands Lease ("Lease"), recorded at Official Records Book 4681, Page 24 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(22,577 square feet)upon notification by the FDEP of the due date. Parks and Recreation received an invoice for $3,681.79 along with the 2012/2013 Wet Slip Information form. The Annual Lease Fee for 2013/2014 is based on information from 2012/2013. The 2013/2014 Wet Slip Information Form was completed by staff and states that the County received$28,538.27 in direct income from the slip rentals and indirect income in the amount of $29,506.84 was received by Paradise Management Company, the Board approved marina retail vendor for the lease area, 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 2013/2014 Wet Slip Information Form and authorize payment of the invoice. FISCAL IMPACT: Annual lease fee for 2013/2014 is $3,681.79. 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 $3,681.79 invoice for the public's use of Sovereignty Submerged Lands at Cocohatchee River Park and approve submittal of the 2013/2014 Florida Annual Gross Income Reporting Form to FDEP. Prepared by: Nancy E. Olson,Region Manager,Parks and Recreation Attachments: 1) Invoice 2)Report Packet Page-1095- 9/10/2013 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 $3,681.79 Invoice for the public's use of Sovereignty Submerged Lands at Cocohatchee River Park and approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to the Florida Department of Environmental Protection. Meeting Date: 9/10/2013 Prepared By Name: BetancurNatali Title: Operations Analys,Parks &Rec-NCRP Admin 8/7/2013 4:05:47 PM Submitted by Title: VALUE MISSING Name: OlsonNancy 8/7/2013 4:05:49 PM Approved By Name: Washburnllonka Title: Manager-Park Operations,Parks&Recreation Date: 8/9/2013 10:09:52 AM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/10/2013 2:23:09 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/10/2013 2:28:15 PM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 8/12/2013 1:52:17 PM Packet Page -1096- 9/10/2013 16.D.4. Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 8/20/2013 3:44:08 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 8/20/2013 5:33:36 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 8/22/2013 9:39:43 AM Name: KlatzkowJeff Title: County Attorney Date: 8/23/2013 2:59:38 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/23/2013 3:25:39 PM Name: OchsLeo Title: County Manager Date: 8/25/2013 10:10:15 AM Packet Page-1097- 9/10/2013 16.D.4. DEPARTMENT OF ENVIRONMENTAL PROTECTION "am RECEIPTS SECTION POST OFFICE BOX 3070 ^ TALLAHASSEE, FL 32315-3070 ` Bill To: COLLIER COUNTY FLORIDA 15000 LIVINGSTON ROAD INVOICE NAPLES, FL 34109 ** INVOICE / INSTRUMENT INFORMATION** Invoice #: 70595 Instrument#: 110343885 Invoice Date: 05/31/2013 Expiration Date: 06/25/2015 Due Date: 06/30/2013 Extended Term Fee: NO Rate: BASE RATE Location: COCOHATCHEE RIVER PARK ** IMPORTANT REMINDERS ** If paying by mail, please return invoice with your payment to the above address. Online payment by check, credit card or debit card is available at http://www.fldepportal.com/golpav-invoices/. Late payments are subject to a 12% Interest fee pursuant to FAC 18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA Net Square Extended Description Memo Object_ Feet Rate Discount Term Fee *Amount ANNUAL LEASE FEE 021017 22,577 0.163077 N/A Y $3,681.79 2013/2014 Subtotal $3,681.79 Sales Tax (0.0%) $0.00 County Tax (0%) $0.00 Note: PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS Total $3,681.79 AND RETURN WITH YOUR REMITTANCE Invoice Balance Due $3,681.79 Instrument/Lease $3,681.79 Balance Due ANNUAL LEASE FEE FORMULA = BASE FEE* - DISCOUNT+ EXTENDED TERM FEE *BASE FEE= Base Rate x Net Square Feet OR *BASE FEE= Minimum Rate DISCOUNT= Base Fee x Discount Percentage EXTENDED TERM FEE= Base Fee x Extended Term Fee Percentage For any questions concerning this invoice,please call the Division of State Lands at(850) 245-2720. Packet Page-1098- 9/10/2013 16.D.4. 2012/2013 Wet Slip Information Form Alatkgs Lessee: 6��% ( Aj4 Instrument No: //e2,3'V.5 g$5 I. 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. 0 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 /5 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 O number, the slip number, and the amount of the transaction. 6. Number of Private Slips, not rented to the public-Slips used for O personal mooring, Association common area, etc. ✓L',";,t.° . „ ..___... . y� _ . Is your facility a Pier with Admission Fees? YES (5110 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 wet slips that are not within a state-owned submerged land lease. No income generated from these slips is to be reported. 11. INFORMATION ON WET SLIPS LOCATED ON PRIVATELY-OWNED LAND 1. Number of Slips Sold,Subleased, Licensed,Assigned, etc: 6:) 2. Number of Public Slips-open to the public on a "first come,first /� served"basis. 3. Number of Private Slips, not rented to the public-Slips used for personal mooring, Association common area, etc. '�11'k fir .w..,',° : .'tn'1S� °�'c`' i k, 1..'�``r- L ,"i.. �. V _ ..._ .. vp��.+.+., •�" C ,--"• .. Packet Page-1099- 9/10/2013 16.D.4. 2012/2013 GROSS INCOME REPORTING FORM Lessee: 6,/,,r ( u Instrument#: //034'3g,"S Month Year Direct Income Indirect Income The beginning month is the All income received directly by Lessee from All income received by someone other than Anniversary month of your lease. transactions within the lease boundary.* the Lessee for transactions involving the use of state-owned submerged land within the Lessee's lease boundary. June 2012 $ 9✓• Oc' $ 0 July 2012 $ 4 73Z, August 2012 $ 3, 47 37,—,5' $ 0 September 2012 $ /- / October 2012 November 2012 $ g a 7 7, '/5 $ b December 2012 $ ,� 3, 37 $ - r!? January 2013 $ 5, �7r E ? $ 0 February 2013 $ 3o /. /0 $ � 2 Z l , I Z March 2013 $ 4" 3, 57 $ / / &,o6. 0 3 April 2013 $ 157, 6t? $ 3 7 8/, (5c;, May 2013 $ ZR 7 Z/5 $ TOTALS $ Z4 538, Z7 $ Z 50(o, 4,0 R� f b3Yljee fifi 7�i:� ire "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 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 (850)245-2720 Packet Page-1100- 9/10/2013 16.D.4. WAGON 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 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 Aok 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.flrules.org/gateway/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-1101- CERTIFICATION 9/10/2013 16.D.4. Instrument No. //6,3 /-/3 o o 'ssee Name: 6/// / c/ /71,Q Billing Address 6000 2-1V/4 g54/mil City/State/Zip /i 4 's F • 9 Telephone: ) Z Z 2 (Please provide area code) J� Facility Address: 9—3 I J' 7/2&i,O/i71)/y� City/County/Zip: A. /_ / • 1,being first duly sworn,hereby certify under penalty of perjury that the following statements are true: (1)To the best of my knowledge and belief,the information contained on the Wetslip Information Form and the Gross Income Reporting Form is true and correct; (2) I have read and understand the terms and conditions of the sovereignty submerged lands lease, and the facility is in full compliance with all the terms and conditions of the sovereignty submerged lands lease; (3) I am authorized to execute this certification on behalf of the lessee;and (4)I am aware that any intentional false statement herein will be grounds for cancellation of the sovereignty submerged lands lease. Signature of Lessee ATTEST: Gs nRG ∎A A P . , E SQ- DWIGHT E. BROCK,Clerk Printed Name of Signature By: C �,2 PN Title Cl1+0113 Date STATE OF COUNTY OF Sworn to or affirmed and subscribed before me the day of , 20 , by Personally Known (SEAL) OR Produced Identification Type of identificaiton produced Approved as to form and legality Notary Signature t � r'qmmission Expires Assistant County mey Packet Page 4102-