Agenda 05/24/2011 Item #16E 3Agenda Changes
Board of County Commissioners Meeting
May 24, 2011
Continue Item 16D9 to the June 14, 2011 BCC Meeting: To approve and authorize the Chairman to sign
an amendment to the Collier County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for the
U.S. Department of Housing and Urban Development (HUD) Homeless Prevention and Rapid Re- Housing
(HPRP) Grant approved by the Board on September 15, 2009, Item 16D19. This amendment will allow for a
revision of Exhibit A of the Subrecipient Agreement to accommodate the HHC request to no longer include
Homeless Management Information System (HMIS) activities and to allow HHC to more fully expend grant
funds. (Staffs request to modify back -up documents to satisfy County Attorney's requirements)
Move Item 16E3 to Item 1OD: Recommendation to approve the First
Amendment to Lease Agreement, aka the cattle lease, for the Pepper Ranch
Preserve under the Conservation Collier Land Acquisition Program and
direct the County Manager, or his designee, to implement the Lease
Amendment terms. (Commissioner Coletta and Commissioner Hiller's separate
request)
Move Item 16E4 to Item 10E: Recommendation to approve an Access Easement to the Florida
Department of Environmental Protection (FDEP) and a Declaration of Restrictive Covenant which will allow
FDEP to monitor the cattle vat clean -up site at Pepper Ranch Preserve and restrict public uses within the
cattle vat clean -up site. (Commissioner Coletta and Commissioner Hiller's separate request)
Move Item 16E5 to Item 10F: Recommendation to authorize the release of $250,000 held in escrow to
Lake Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the associated Budget
Amendment. (Commissioner Coletta and Commissioner Hiller's separate request)
Move Item 16F2 to Item 10G: Authorize the County Attorney to advertise an ordinance for future
consideration which would amend Ordinance No. 04 -12, as amended, adding provisions relating to
requirements for certificate holders operating non - transport Advanced Life Support (ALS) services.
(Commissioner Hiller and Commissioner Henning's separate request)
Move Item 16C6 to Item 1OH: Recommendation to award Contract #11 -5673, "Disaster Debris Removal
and Disposal Services," to three firms, and approve AshBritt Environmental Services, Inc., as the initial
debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post -
disaster equipment and human resources for the collection, removal and disposal of disaster generated
debris, which will ensure prompt, timely and efficient restoration of essential services. (Commissioner Hiller's
request)
Note:
Proclamations 4A and 4B to be presented at end of proclamations due to awardees not available at beginning
of proclamations being presented.
Correction to Bid Number for Item 16C2: AwaFd bod #11 5657 Award bid #11 -5647, Grease Hauling Services,
to Rockfill Associates, Inc. D /B /A Crews Environmental and authorize the Chairman to sign the agreement
following County Attorney approval, in the estimated annual amount of $50,000. (Staffs request to clarify
language)
5/26/20112:37 PM
5/24/2011 Item 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve the First Amendment to Lease Agreement, aka the cattle lease, for the
Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program and directs the
County Manager, or his designee, to implement the Lease Amendment terms.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) of the
attached First Amendment to Lease Agreement, aka the cattle lease, for the Pepper Ranch
Preserve under the Conservation Collier Program.
CONSIDERATIONS: The Pepper Ranch Preserve was purchased by Collier County on
February 6, 2009. The Preserve is located north and west of Lake Trafford, and west of
Immokalee, Florida and consists of ten parcels totaling 2,511.9 acres located within Sections
22, 26, 27, 28, 33 & 35, Township 46 South, Range 28 East, Collier County.
At the time the Preserve was acquired, Collier County entered into a Lease Agreement with
Lake Trafford Ranch LLLP for 2,012.1 acres of property for the sole purpose of cattle grazing
and incidental activities that are directly related to beef cattle production. Approximately 200
head of cattle are pastured on the Preserve. Having cattle present assists preserve land
managers to more smoothly transition uses of the ranch from agricultural to preservation over
time. The Lease Agreement originally provided for an annual rent to be paid to Conservation
Collier in the amount of $2,012, or $1 per acre, per year, a locally standard lease fee for cattle
grazing on preserve lands. The Lease Agreement also required the lessee to mow the improved
pastures at least one time per year and to erect and maintain internal cattle fencing.
Shortly after the Lease Agreement went into effect, it was determined that the acreage amounts
and locations identified did not coincide with the grazing areas. Additionally, it was determined
that two electric service accounts existed which were paid by the Lessee and primarily served
the Lessee in cattle management areas (well pump and cattle pen lighting). As a result, the
proposed amendment to the Lease Agreement was drafted and additional terms were
negotiated, including:
• Leased acreage was increased by 281 acres, from 2,012 acres to 2,293 acres, to reflect
existing pasture areas that are being used for cattle grazing.
• Additional mowing in lieu of rent payment, to include an additional 9 acres of open
pasture adjacent to the lodge, to be mowed a minimum of six times per year, an
additional 1.3 mile long hiking trail and 1.1 mile long firebreak, both to be mowed at a
minimum of 2 times per year. Members of the public would use these areas most.
• Requirement that all expenses related to utilities used solely by the Lessee be paid by
the Lessee.
• Additional lease termination language was developed to provide for a smooth transition
when the cattle lease ended. Additional certainty was built into time frames to protect
both parties at lease termination. Notably, the County can no longer terminate the cattle
lease without cause during the initial term of the lease. This amendment is at the request
of the Lessee who has over the past 2 years demonstrated that its presence is
advantageous to the County. Details are more fully set forth in the Legal Considerations
Section.
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5/24/2011 Item 16.E.3.
At its October 12, 2009, meeting, the Conservation Collier Land Acquisition Advisory Committee
recommended (6:3) that the Board approve the First Amendment to Lease Agreement.
FISCAL IMPACT: The Lease Agreement provides for the payment of rent in the amount of
$2,012 per year. The amount of the additional acreage would have increased that rent payment
to $2,293 per year. Staff calculated the cost of mowing an additional 9 acres, a 1.3 mile trail and
1.1 mile firebreak at $4,257 ($3,000 for the pasture and $1,257 for the trail and fire lines) and
negotiated an exchange with the lessee for mowing services in lieu of annual rent, saving the
Conservation Collier Program $1,964 per year.
LEGAL CONSIDERATIONS: The Term of Lease, Renewal Term, and Termination, provision
(Article 2 of the Amendment) is quite lengthy and therefore summarized below.
"Initial Term" (3 years)
2/2/09 — 2/1/12
LESSEE may terminate lease without
cause upon 30 days notice.
COUNTY cannot terminate without
cause
"First Extended Term" (2 additional
2/2/12 - 2/1/13
LESSEE may terminate lease without
terms of 1 year each)
2/2/13 — 2/1/14
cause upon 30 days notice.
COUNTY cannot terminate without
cause
"Second Extended Term" (5 additional
2/2/14 — 2/1/15
LESSEE may terminate lease without
terms of 1 year each)
2/2/15 — 2/1/16
cause upon 30 days notice.
2/2/16 — 2/1/17
2/2/17 — 2/1/18
Upon 30 days notice, COUNTY may
2/2/18 — 2/1/19
deny any renewal term or terminate
without cause.
Article 2 also sets forth the timeline for cattle removal and the Lessee's continued mowing
obligations in the event the Lease Agreement is terminated.
This item has been reviewed and approved by the County Attorney's Office and is legally
sufficient. This item requires a majority vote. - JBW
GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support
appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the
Recreation and Open Space Element of the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the attached First
Amendment to Lease Agreement negotiated with Lake Trafford Ranch LLLP and directs the
County Manager, or his designee, to implement the Lease Amendment terms.
Prepared By: Melissa Hennig, Manager, Conservation Collier Program, Department of Facilities
Management
Attachments: 1. Lease Agreement
2. First Amendment to Lease Agreement
Packet Page -1617-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3.
5/24/2011 Item 16.E.3.
Item Summary: Recommendation to approve the First Amendment to Lease Agreement,
aka the cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land
Acquisition Program and direct the County Manager, or his designee, to implement the Lease
Amendment terms.
Meeting Date: 5/24/2011
Prepared By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
4/28/2011 3:47:56 PM
Submitted by
Title: Environmental Specialist, Principal,Facilities Management
Name: HennigMelissa
4/28/20113:47:57 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 5/2/2011 1:29:39 PM
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
Date: 5/2/20114:30:36 PM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 5/3/20114:57:29 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 5/9/20114:30:18 PM
Packet Page -1618-
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/9/2011 5:06:03 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/20112:18:14 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 5/13/20112:11:58 PM
Name: OchsLeo
Title: County Manager
Date: 511512011 9:23:42 PM
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5/24/2011 Item 16.E.3.
5/24/2011 Item 16.E.3.
Lease # O �
UASF AG EMENT
THIS LCASE AGR ELVENT entered Into this ?-& day of '94 %--
TRAF ORD RANCH, LLLP, a Florida I;tnitle! Siability l;rnited partnership, by its undersigned General Partners, whose
4 —, 2009, between LAKE
addr°az is 181 Cad" Road, Naples Flartdn 3411)g hereinafter referred to as "LESSEE ", and COLLIER COUNTY, a
pt°•lctical subdivision ufthc State of i"lnrida, whtvr mailing address is 3301 East Tamiami Trail, Naples, Florida 34112,
Itttreinaftpr referred to rtA "LESSOR"
W ITN ESSE1,H
in consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as
follows:
ARTICLE 1. Demised Premises and_jLJse
Lk SSt tlt hr rcigy. leases.te LESSEE and LESSEE h-ehy I.aacs'irottt LESSOR Two Thousand Twelve point One
acres c(pirriP9.1tr' described in lE.xhibtt `A," which ix
ettncyst{ hereto nnrl nu de a par[ of this Lease, hereinafter
called the Dcmiseci pre -tot "" situated In the Cannty` cif Ct,lllw and tht State oE' 1-lorida, for the sole purpose of cattic
grazing" and incidental actttritieb tfsat st.e l'iarct[� relstied tsr bftrcattle production"
r.11 atninal husband"} l +rinciple and ryl'rff're, aflilh rrblc tar the pruperY and efficient use of yang rtsr) rce�
s3 all ht fstllnwcd at all ttntrs. f`ftc LESSEE. Ohall he raspans?ble, for the estutrlisltmeri[ ar,J implctnentaiit q ttI` sound
grazing, prac4ic-es based un flit bmt vianagxntent pu.idclincs of' t,
Li.S. Iy
rConscrwa.iin 5i'mice. eparzatettt of A riculeure's National Rcraources
r'CrTbe I-.E ts:ti rts status at; a tertnnt tlse LESSEE av;I:l hove rxcJ:usne usc.and l'mrsSesSita„ t�fttir f:>cm;seszl I'rttreirsrs,
hawev r. thu 1_ [_5517Ft n av, d: Verified ,below: R) alttr its boundurits analynr (ii) maY€ teat of p�trtitan ctrit or bur istp,
public tccess, ttrsd other aCttvities curtstatent with flea Cc,nsFt•q•at;on fatllier pnxg um, as described Wow in tltis Art;c)e A
fund in Atirft Ifi(r) and ff). LibSSOR'S use &hall neat, however, intrrfera with I:l SSr,E'C prratai"titsd use of �?te I tranisctl
T r- ts5tscs„ oar erptrs: 1I.SSEE in IferbititV tv third parties E nd on tare ust tna t I ESea 7Ft °ts permitted to rtsrokc of the
Demises lrremiwr .
111117. LEASE 't Cti'EN°Ei` prey' lac err +ecrdcd 1 "rttm time -ro -time in order to change the size or the Demised
1' ^emtaos a3 nc.ctsar' to acceantp,;sh the }.outs, Pulicic %, and objectives of the Conservation Collier implementation
t7rtlfnn.cw f'Citdinxnc fZ-tr3 cps arnendel, y rSSOR.S representative (e.g., Real Estate Services Staff) shalt advise
LE'NS£:E, in writing, of its intent W t- ommend that LESSOR amend this LEASE .AGREEMENT. Any Such change
shxl truly be G'Gritr not Irsa than nine y Ertl flaws salter it is executed by the Board of County Commissioners.
ARTICLE 2. Term of Lease
Lr ,Sf E sh'rf" have And hold thx Drmfsted Prcntis ror a tram of tkr {3) uesez, eummrncing oft thx dat
3 c. 5 ilt rx xutss this i:.cass L.USLE is grarged the oplitln provided LESSFfi is nett in dttgault of any of the fermi ar
the. Lc"—,, tr, renew "flit: rcr two (2 ) additional tarTps *rnred'1) )war, tiff frr the same ttsrtns and ttinditionc, ex, eft au 0 laf
the rental aatatxur t eta prtvidetl herein by giving "written ntatice at LESSI: S intnttisan tie do
tllan tHrty (flea days prior to the.gxp,ratl)pt iaf the ldu&vKold extolc here? y crcar ;�. LLSti€lli rwzevea tt��iiltp�z tofdeny:
LI S +E E, in v t itivtg of" am cnr rt' terrn, STrid rrL-I cc shall be efTezove upon pfa,� e,mrn, er rhr n�rnae 'in rte, c i£;c ;Ili
trpt ;u�t ",
of thr Uliite;j y„uwj lio5t OtTJCe, Rcgraictcd ur C rt ;fiud N"if, Fan tub F'rrpn.;d:
ARTICLE 3. Rent
t T SSr1 he ei,Y utssetiatlu wid xxrce to prry an rcit; Ilor tfie 1a tniMcd Prcrrisr 'l,r suet! rs''Tvr o pl<uusarari Twelve
-)VII'Mrs end No C nets (3-2'o o r') PC" Y"t, Said o,nriwrl r nt .I1pll be pat,i in full ulrrft <tlurrw r VI days from the date -- trs � hi h
thrf Lex r., t °xe fated by thr USSOK. LESSf t., +ill a'._� lea re.m, a nible lEa, tk.c; pit }meat .rf ad +'laf nom rent tt� prtn,�hirl)
for in ARTtf.'LE 3 fthi Lea"—
lr, ltc rsn l l "k,FF elec z 1,D reatew tot Lrasc rt4
�.Ir.tll +utltncs r,vided f* i A C, 2, the refGt trcreos d rrtlrlirtg the ALT( La
i€ p [?,Tlt,f.. a }.
CS4F.E and l i � rJlr :r Styr th rr} i t to terrtin�re r ur a.. sc. wwaih or wlthkaut cau e, by providing jar rihcr ptt *ry
v tlnrt3 {ail) eta, wiitirn natict lu tit_ gddt s set far*J Ir: A1+,'I'I+ "1 F lA of tLCi Lease. Said ttotict- aratt 1 +e'rlTccriv
upor; III&Qc- sni 0, the r+ttt ec in an c+rtr_ul it poa oly� ref the # r tcd ,^atilt s Posr i lice., Rcttrssr:rt! U, � .r,If rrt� lvf 4i1,
'It t ; =,c f "reef n tetanrnartttn v this l Saar, t } 7 ! 556E ui 3 ha. =e nuseh a�0; dt,,�� after Ire rinatti�r tc rn ?rr
,ranp" u�a toy rrrraoyu the c: i»t;ta> Garde, daring which 9G days the aattCle roust zu=rnutn, and ii;} LESSt�It vrial Itmr to
Lf SSFL any (telrttid acrd ttnrar t tj.rt :.t f ra+s y perred tiint eacac�da (fitr} days Sits" Such 90 days.
Packet Page -1620-
5/24/2011 Item 16.E.3.
• ARTICLE 4. en wal Term Rent
to the traeat LESSEE cle, -,ts W renew this Lew, as provided for-in, ARTICLE 2, the rent set forth In ,ARTICLE 3
Shall be increased for truh ensuing one 11) your rvnv val %art key fiver (: Percent from the previous year. comptauadcd:
ARTICLE 5_ Intentionally Omitted
ARTICLE 6, t'fl ^atib�n t Ttaenis
Prior 10 making any cltangl:t' a €terations, additions or i1l1pruvcrrl,0U to the Demigod Prcmisos, LESSEE will
Provide to LESSOP .4 It proposals and plans for alterarionE, improvements. eha. -egos or wlditians to the 001111scd F'rerrrises
for LI :SS41ItS• written approval spocifX,ing in writing the torture End xxtent of the desired alteration, improvement,
changes, or addition, along kith the contemplated ata sting, and corapfetitm time fur *uchh pro�je:t, LESSOR at its designee
will their havt sixwy (W) days within which M apprnve or decry is m y said request far chan)Ies, tmprovemruts„
alterations tit additions, LESSOR shat€ Ittlt unrea5rntably withhold Sts wasent to required or appropriate altoratiens
impiovomarim, changes or additions props d by LESSiL Ir after sixty° (60) days there leas been no response ft pro
Li'_SSEE or its ciexignt to said praptxs01% ar plods, then :such �slcrtce 3110.11 Ire dcorrred 89 ti denial tti such request to
LESSE,C.
LESSEE covenants and ngrotiu in cooatcatiiaas with any ma ntenazw4, repair work, erection, construction.
improvement, addition or alteration of arty a>aduo ixed stiodifachbOhs, additions or mprovetrten%to the Demised Premises,
to observe and comply with all then and rulure aWlicable laws ordinances, rules, regulations, and requirements of the
United States orAmerica, Stare of "Fturida;; County of Collier,alla any itnd al€ lRoveaacmcntal agrnries.
All ahervicns, isnprovemenu and additionN ac Jhr: Deinassd Fleatteses shall at unto when made or in*rltcd, be
deemed as aitaandd to the freehold said to liavr become~ properly of LESSOR. Prior to the termirsatlon. ofthis °..=se or any
zenva,•a3 term 111asc01' ar wi,hin thirty fall days tharvalbir if LESSOR 3o directs, LESSEE shall pivniptly rcarmnvr flue
oc[Aitiona, improvcments,, alacratitsn;, fixtures mod inswllntirn'% which were placed in, an, or upon the Dcm.,5 Promises
by LL "S5t.F, and repair any dariurge oc:uponed ±xi the Demigod Prern troy such rrmoval; el"d in dcfa :rot thfr ai';
LESSOR aOtt may complete :;grid rctttrivak and repairs at LESSEL S esrpensc,
LESSEE ravcnrints and agrees not tP u , vcttttPy, suf 'k# or permit said a7cmised PiemjNr,, or any part themeuf to br'�
. uscvd Or or,,upied for any purpose contrary m law or site rules er regulations of;l y,;V a blie authoTi y
ARTICLE 7: aces t ..Demised Premises
LESSOR, its dtaiy authorized agotts, rrpresetitaatjvg� end crrtployev, shall have the right to cater into And upktrt ilia
IJa miaad Iirrmi t5 ararsy part thereof at any time, without t�'adct to the LMEE, for t.rr purpose afeatamin'ira the steno
and m0king rclaairn, iarrPecting ter curing a. defalult or nuisance. Of Pmvidine maintertancrr acrvice therein. and rat the
purposes of intipectiott for compliance vs* the provisions of alt €s Lease Agrocirsant, If LESSOR should need lst utia zc
the property f7: at y lend le of time fro, our purpose, thr LESSOR shall advise tht LL SEE of its intentlorw b,� rear
nuitict,
ARTICLE 8. Assi anent and Sublettine
LESSEE tiSl•E toven.antr, and arias not to atssign this Lease or to �.uwcf the whnlr or any pars or the t]rritasN Pm_.mi es„
m to Permit tiny ode rr perJunu; 10 ocLupro° :same without The iArritton consent of LESSOR, Any such ax+ig,nmen' o
lAubleiiinp, cven with the con ant stf LESSOR, aihull not reltevc. LESS E ft "m filtbilsry fu; pitq =rsri:rit rflVat or rrt!arr sent.
hurvin meat =hied o from clot obligtation tx) k�eap and be bound ItY tte t--4"N, c "ditians and cz,,�c fonts of this d�mt, 'rhr
acceptan:e of .rent frr.}rrr lay Other Person shalf no, be 4dernCii try be 8 waiVUT G: an.€ of tlae praetsit nt of th n =.,g air it
bc a Consent to the asciyntnrtut of this Least or suhlcaiaag of %c Demised Frt iii m-
ARTICLE 9. Indemnity
LESSEE, SSEE rn errn idsratiun et rv; l L101111r5 of "sit; lCll, the :rdcvipt airs sut'iaciency t f %b, b .s h rc� uknranvJcdE d.
Jaa11 indcrrnlfy, def'ond and hoid harndrsa LFSS()R,, art ng nm and ernp;pyees ir;tm a.td ugar st gets turd rsll habi sty
sra.uutrti ar n l t rvaise), tl mat e.5. olatm oiler , dcattands. judgrtcnt , COM a Ceres r >d cxponsm i mcludrng, but rrkgl
bm;ted t4 a..nrn es' fccs_mit I s3tsbu_. tncnts brit at tram ani appetlaft hvclsf sa'isan dirtzav f pn+ soy anJrrry tn, ter d «0th
of, urns pGtatcata or p, isunr ear dumuge to prcpo ty (includtnr, I. ,s of l t th-C-MOrl related to (A) LESSF ,5 unc j:if the
L� nflscd €1mmis,`s. (B), any work or thing veh.atsoovcr loser, or any cu n+5id- created 1,nihcr than by LES!W)R, its
r.lal;rgac: , og4nts or corarati nra% bN crr on bchaif nrLt,tiSE•E in cm iubo'ut the D- mist.;l 1"rcniis&a, tC) an; c edit nFt x t the
I' cmi;,r I t'remc es doe to ar r.501tu19 bon rim ucfatult by LESSEE. in the of LI SSEF S -,;Wigrtirors t:nffter
the i.ease. or (D) any t4vglikens A,,-1 Ur mint taitnn tai LESSrF. o, its agents, collb -elorr;; rrnpJ rums, soh +ercants livrnscem Or
anvAtci. In case Am, action cr pr000rding is brr UP01 agairW LESSOR br tca_un nr ;any rent or morx nccreof, LESSEE.
DFIII WTv all t osts. intprney +s fit-t4, "trmses and liabiliti . resulting th krcfront and shm(d'efrild audit action or prr.3;- cefing
if't.ESSOR NAIAD NO retlues , at 1.ESriE E,'ti expense, byct+uttsel rem$ ormb ly siv isfizmry tt 1,1,E SC1FL
it is acknowledged that in accord with the terms of this Lease (i) ucriaij pses may be. mails of the C}:mia =d
Premises by the LESSOR and (ii) LESSOR may permit third parties to triake trove o. ;lie Drmiacd Prtnsiaex, €l )Wevrr
LESSEE shall have no liability to such third parties, in particular membe* orthc public err hunters, nor shalt LESSEE be
required to maintain or manage the Dernised Premises to a standard or condi.im hat vvDuld Sir fnidht be required to
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5/24/2011 Item 16.E.3.
business iiivitces giwerr that L k:SSJ:E,S pprrtd t d Ilse not involve or oon,tanwiate the prrewnee of businoas invitaft, Any
Ilresetace of MOmbem of The public, or hurtors will be at the dircetion or Imvitrtirrat or LESSOR, The Damised Prtnn
am unimproved agricu{ttaral pasture lands artdior n ®turatby rrgctatetl steer,, LESSEE'S in -tier ottii with Article 13, tort! its traponsibtlii y Land liab°rli€y its LESSOR tinder this Amer g Are land shall be b easeed On
thb standrr 6 caf care raquired.of it tOMM of lands having the forlioing aharlictexisties and uses and an ttbsenec of btta#racss
ir"v l tee&
The LESSOR shall not be liable for any injury or damage to person or prop rr#I caused by the elements or by other
persons in pe Remised Premises, er from the street or sub- surface, or from any other place, or for any interference
caused by operations by or far a governmental authority in construction of any public or quasi - public works.
The LESSOR shall not be liable for any damages to or loss
occurring on the Demised prom, of, including loss due to petty theft; erip property,
ram#ses or any part thereon, and the LESSEE agrees Ki hold the LESSOR hurulleas from any
claims for damages, ex"Pt,"Cte such damatte or injury is the result of cite grins negligence or willful Misconduct of the
LESSOR or its wwmplcMees
ARTICLE 10. inguras}r
eLESSEE shall Tent, #cle aria rrImnon a frmp fiabllrry policy which shall be approved by th Cwllier County Risk
Mrmag tfut t T�tc, -m i a for trot Iess 1110A an amount of NO Million DoILara and Notl00 Cellm (Sl�p�t }ytp�
Utroug tout tlac tom lot any renewals thoteof to this Agm*0thent_ In ndditisttt, l.i SSi E shall prrw a and maintain
�'erkcr's Compensation Insurance cov -_nng u11 eaisployees meeting butt addi on, Js itr c err plititlr"e with the tlmaintain
!- utc ant! federal laws: The Coverage shall imiude Eritpioy r'+i Liability wvitha nifrumutn limit a€Oxie liundred I7tiruaattd
Dollar.- and.Nur WQ Cenxc ;;ShfllsttO+d,Cltti etch a..csidrnt.
Such A cs ranee p&icgle,) a #tall list t ir111-er County us an additional insured thereon. Evidence of such insurance
shall be ptoi,ided to Lht rtrllier County 13isk N12sutgem -nt Department, 3301 East Tarniami Trail, Administration
13 i#dtng l`'uplx`" Florida, ,u l 1'� 1w,r approvaE prior to the commencement of this Leasc Agraenivrt ; and shall include p
P"isrtln rcquirirtr ten (10l days prt,rr wri n notice, tti Ca Tier County c/o County Risk M.rnaigafnent f7ppu��to in Inc
event nt cancel atitrtt or cttanr-N rn policy+(ioa) Wvcragc. LESSOR reserves the right to rt`s'Wrtataty 11M. end the insurti.r.er
ttaittrlreme as by tssrroacc of notice its Writin rk, L SSf,E, whereupon receipt of such noti�io L, S ;
00) dapt:in ultic,4 to r,)bl4h1 lush additiawl atsurance„ EE stia:El!rave tii R r
S',;fr -u-n tlt malaria such liability insa.cnnee, tr €elffurrtied liatsilityraserves, as are +ipprlprruarzq protertitsel'f
and Li;SSGE frilm t{ritt porn clairnz aa.ed on rise of the Dtmised PT-- ,Miles that tho LliS.$OR is prrtnittad to make, M
1030sys third part.i=tit €nakc, En accord he ewi:h,
ARTICLL 11. Maintenance
Lrnquir shall be ailtrwvi d to store within 1110 Denli cd Pruptarty, an} functiurrei r,yutntcnanr a egttilmcn. t,t#
supplies rcrluircd fnr dr rvitiea d:ir�a"ry rxrlated to beef cattio production an thz Drmiwd yruperty,
1 1?4SEE, at iiu stile Est nn,t eapett>R. shall mow t11R' #t:tprrtve4t prsttur wvst3tirc tit: "L>!emi ud Pro
nine (i 1 time per - r and map rrrllt~r the F PertY a minimum of
plamt growth and to upkeeep arem, LUMed around salt a pena�ry l CSraF rshnlllde �a lap the narnr u rtgisehedule and include
vat lesjuch us cxcus!cive rainfall, dtcupt1,,1r t7ther u,q rese HESS FAl
Foch individual tnsprovrd,paatuv wrihm tie Dtwi-,r4 l' rrprrty .nra) incl =adc ruizncral feeders, mtipptaenentaI feed
trough an mralt ti ticdd tan! u mean, it canrtrtl C,44 YEc awnctnttalian nrtazr,. Its rntioti of sortie x nm continue
throughout the ycttr can a rhea aed flu is In the 0,v
nl tarn I tFs beer, 41r, rxir rr_sv c9ry, and Cold v imer or an
exceptranrrllp mwct wAko t the c,,'rtle will be tnnnagutl b L ESC,EE to tat fire available foragr,
1 RSSEE run ', riot t_rtrlize Improvedpastute areas:
Unless specifically authorized in writing by LESSOR in advance,
be prohibited, plowing, ditching or digging of water finks shalt
11 SSE E al rtA` sole U:at anal cxprnsr, 51141i er 4t if rnt glready e!6vi g, a-rd rrw xram a t nUa a cellijbic to
E ES iC3a> air a rJ that terra o+ the f3crtn ed irreara e, hr !, shall cc�rntain ar.G wuLLC ` {his tc.aci.ng i cru, tai in t Entng
tart; ant: prevent ngcattic 4rorn rlwamix.E,i_,`t,yr' hc'!"7vrriscd f?umisc5,
ut it I «t rc ar ";I ti toxtir. krrp the Dr " ;wJ #n.nti!,es hm Ircrnt 'cEtsEa, linat, ryhardt +ncd
a_'tg, +rnrnt Wid we soles, and d•,ts Irl .rt tjp tint,,-,, if ,said �Dtmrscd f'rmi� rr nc�t leapt fr. frern datrri , ht1 r,
aba tdtmed �yr rni .t en.rf exrr !cx
And the ir:r, in -,tae cxplalioia �f l ESsf3R i l sie.S iriarra> er wvx11 be so advised isi
�rri-rn€ 1r t crrccti a action is not tar 4x ww t€rEu tors llfiy u. ofth rr wr`pt art au�ch ntr 1 i LL'SS47t: will rb sc the
hr clean td an 3 cr trtktcd and t tSa a !rill! ass'llav and 'pay all ne er � r berme t�
nddnaor>1! .r <nt l,rh 5wGu1i , p y sary ctatsnin5 r rwix and uw h rL1,ts rllmll catristitute�
mid t l asst.,, wyr +d n tear (Eli1 dSfYS of .scrip; of wri'flen nriti:.e of Ca;is #trcurzorl lrw
azl mo r
the t rndv E. r1 ttr s vk ^desk shall rri^air all damage ti th rh.�mks 4 pre ..n_:4s Cu iserl If 1 5%E. iLw
t.tZerG , ut�rep nezvniasrtra t tuc,ts, mv;t"S, Iizenn- ft.andpst.ro ^s.
Packet Page -1622-
5/24/2011 Item 16.E.3.
The LESSEE, at its ale cm shatl rawive frorri the Lhunised pmnise, in ,crdAAc* with All applicable rules,
laws and TcgulatiOns, hit hViri-awUnURY ucc=ing 50fidliquid. semisolid, and pseou3 trash and -1M (but not animal
wage) and refuse of 40>0 nature ultKumm, which trijoa =umu late and arisel farm Ibc oparatim of the LESSEE'S
business. Such trast4wa9tvatift4uscill bestartid inclosisi containers approived by the LEMR-
LESSEE shall have the right to keep necessary machinery, tools or supplies in a agreed upon designated area.
LESSEE shall make monthly inspections of exterior fences and gates and make repairs to the fencing as needed.
LESSOR shall be responsible for all invasive exotic plant control and prescribed burning within the Demised
Property,
LE-SSOW Piescry, NIAnAM shalitisit the pro any at kat. semi-annually to vvaluxt-. the "tanagemem and grazing
op=atlon, The LESSM' Prcaeor ManagArr and the LESSEENinaginit Partner sbaR main annually to review and, if
necessary. revise arry gi-eizinE stidlor-pasture marrialarrierit pIgns.
LESSEE shall report any violation observed pertaining to rules and regulations promulgated by Collier County or
the Florida Fish and Wildlife Conservation Commission. LESSEE shall immediately report any incidence of the
following:
■ Fire
• Vandalism
• Theft
• Poaching
• Trespassing
• Any hazard, condition or situation that may become a liability to the County or may be damaging to the property
or improvements on the property.
LESSEE has no affirmative duty to actively monitor conditions for discovery of such activities.
ARTICLE 12. Default by.LE5"
F"iture of LESSEE I* carrip y fot tlii r3 (40) days with Only mat=ial provision or covenant of this Lease shall'—
ilzrach, LESSOR atky, In ju option, jerminata thi, Leases aflicr tliim (30) days written notice to LESSEE,
anj= the dtllaalt iv cured within the twice period (01`15uch additiOnaill time aIi is reasonably required to correct such
&fisult). HuwcYrt, the occurtence Of astti Of !he ful-l-vilig &mnta Ael ", rintwu, a default by LESSEE, and this Lease
may he irnmCdLI'ttky terminaw h' I�Fs'sby-'
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) FaISMIC41iOn of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt
(e) Making of a general assignment for the benefit ofcreditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution:
i,a *,l°,-- cvcrtt err tint. (vzu,,ut" Oren,% ar, sim tn,,L,S.ing default, ineli', ART 1CLE. LESSatz- in additiOn In "y 4Dther
nphrk end rvngrijes it itiny have, ;hall have th-ri mrwMaLe n ght to re-"oter z n4 rci"Ovr All pen,,n aitd P MM-M fiot ,the
Dr,inw4d Prrvej%m, su;:11 fr,pert tinny be rrrrivvcdamd sensed in a putjAc w-amh(c 1,15c -ire,
c =-Wht!% Wt the M-1 ef a^d for
the ru: «oarnt of LESSEE, all wilboul FtrYi- irf notice uT resort to Irgal
-N and
irhL . Leijj; 3eenta< muJrs or
hCM&,iAbX fair im-, ioKs or &,maitt. whic" rnzy bo occal:innrd Thrmb
LI','SN*1C)R mat, lt'rminatr !Ihl- ix e rfiry receipt Fy LESSEL ifthim, ('0)
Imit i� filod a]
'ptiry zlec t t psr r (,W tb-- lease[ 1:: imvrt:51 of thc and K4 frMWed wjthu; thirty (;11 dayi b�-
Irii ul tart C V, LZI-A
9 arij , U - . ,
11' LESSEE fails to pzW t' - crnttsi as rs_nt tar rn�' Jadib"nAl chjvFes when dwta, to LESSOR as specified in this
Lease, and if said amounts rem pit. ujjpriiC tht4 Krilam, zit-- LESSEE shall pay LESSOR a
late payment charge equal t-7� fit.-- (' , p tram* afaity pager -11i not . DOW p-r-ampth, whim due. Any amounts not paid
promptly when due shall ZINO 3=20v carnp(nundt-d inter of two (2) pctcttrtl. per rilw Kc ar the highest interest rate then
allowcd by Florida law, wh-',,*a,rvve, is highv. w, -,ch irnetraTihatl he paid by LESSEE to LESSOR.
ARTICLE 13. Default by LE�S,�R
LESSOR &Ijjjjj 4 po cvorl bt�' 4;hargmd W
In iffi tittault in the ofany of its abligatians
anal Until J"'C"SSDJt shttt,, have fa;lvd to P!rfomn voch Obii;mt';*tj� Y -
wr ul U&SOR'S **It dhazzlion,
Packet Page -1623-
5/24/2011 Item 16.E.3.
such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly
specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14. Noticep.
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other
party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners Mr. Thomas Taylor, General Partner
c/o Real Property Management Lake Trafford Ranch, LLLP
Building W 481 Carica Road
3301. Tamiami Trail East Naples, Florida 34108
Naples, Florida 341 l2
cc: Office of the County Attorney Mr. Christopher Allen, General Partner
Collier County Government Center Lake Trafford Ranch, LLLP
Administration Building 555 Hickory Road
3301 T'amiami Trail East Naples, Florida 34108
Naples, Florida 34112
Conservation Collier Coordinator
Collier County Government Center
Building W
3301 Tamiami Trail East
Naples, Florida 34112
ARTICLE 15 Surrender of PremiM
Lrp and rttrsii .* m to ank tmitruaemcrsts - ,XNnP1 -td lyd� LESSEE I,,rL` to tilt er_p rr i0r1 Of the, L send !ihal
rlchvrs z (a sezrtexadrr to LESSLtIt fosaession of the Dcm ftd pmm seo and anp smprtrventents not tenrulvoil uvttn
expsratiosa clf st:v L=raac, war, earlier tcrmiruttinn As lkea:aar ptos3cled,, it as �d cr"gfition and repair astht same $ball lar
at taav earsmcracwornt of the terra Lr this Lcasc may have been petit 1€y LESSOR car LESSEE during aloe c tirtua�ce
t�aeret f, clyditemr; wea: glad tear anti daattttge by ttrt ttr Inc eicmea to irvyorui LESSEE'S control uxrtpted.
ARTICLE 16. General Provisions
LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming off of the Demised
Premises.
LESSEE shall be allowed to maintain no more than Three Hundred (300) Animal Units at the Demised Premises. Animal
Units will be established based on the following table:
Table 1: Animal Unit Equivalent Guide
Species —Average ;Animal 'Unit
Weight Equivalent
1,uuu 1.00
mature 1r500 ( t 35
1 vear old 0.60
.------ .:..._.�— 600 1 0.60
;gear old 800 3 n an
LESSEE shall have the right to camp overnight on the Demised Premises, at LESSEE'S own risk, and shall be
required to obtain any necessary permits, if required, for "l rs use,
if LE, S hfinsidclr t °<scs ov t,
FF h aJt uts of s e rat ± tell trt P- --.t. I }y LL S'0;s so a 91�a r
i._.. _: 3 ivn� ?CrnS7 t, r'� S�6 u..tn .,,. ,.FE tft :. . is LbtJ "�
�. >d C k"Iiic and = vet. tt� Stars ,f Hori-dt w, n iica lr
a t EE h sn lw *t that L�sr .kkxa b rc It `.3iarr']tt x ails s o1 e r , ra -F k °erczartr.,
nri.NU, ts. n Che t Ct.xs _rat s r,c_ ,s . LE._.�E "t_ or h6,
1 rr.eE E tu11v ursd ,tanr3s t?cat the Pulicr and taw enforcement security protection provided by law enforcement
a g.- -gcirs fin, ti" Ab se-rr crrn'.rd C.acm; d Pre.-taises is limited to that provided to any other business or agency situated
it f [I11 t t cfsa =a; uetd , zpecial security measures deemed necessary for additional protection of the
be 0W -'�ulc and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE ryprecsty ap:Lz-, l'tir ii:W 7.n,2, vs�e� ,�> w rrl,ms -; fmae> Any use of S Eirnu._
which �,. rtl;.� interii„r1:.vinh or r�dN�'r'5rly s<,- 2 tine �lae.rrstimes car ntaietarrau,re of
: :FS4tr}fS.`a stsrneiani tr; ra�T
other omat`r:ar 5 511 are cutnmon facili,irs,
Packet Page -1624-
5/24/2011 Item 16.E.3.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Promises where applicable under law. .
(c) If applicable,, LESSEE agraa9 to p4y &0 Jatattgiltle personal property taxes that may be imposed due to the creation,
by trris Lcase, of a leasehold rntrmst in tha 1]emisod Premiwa or LESSEE'S poswssion of said leas baild inietewt in
the Demised Premises.
(d) LESSEE shall not perform any environmental property management issues, such as, but not limited to, burning or
removal of vegetation, unless prior approval is granted by LESSOR.
(e) LESSEE acknowledges that LESSOR may allow limited seasonal hunting on the Demised Premises under the
supervision of the Florida Fish and Wildlife Conservation[ aCcti itilasion. LESSOR is respomible for developing
and irr4Aumenting rules, protocols, and for the supervision of any huntm and mcmbers of the public generally to
guard ttlrainst 4i"idents, injury to LESSEE'S cattle, and lmeffttrtnac with L;FSSEli'S pertnittrd use.
(f) LESSOR may engage a Range Conservationist to davaiop a lang rang: manaLtetnent plan fur the Demised
Premises. LESSEE acknowledges that he will cooperate with UISSOR and any plans that mxy develop f6r the
Demised Premises as a result of future planning, Implementation of any Vlach plan 5h4IJ require sixty (60) days
written notice to LESSEE and if it reduces the land ovailable to LESSEE the tetra rill be reduced accordingly„
ARTICLE 17. Intentionally Omitted
ARTICLE 18. Extent of Liens
All pe mscne to whom thcs:. presr1t.1x ma;, care- artt pul upon notice or the ice that the interest of the LESSOR in
the Demised Premisex shill nits be sttbjrCt to liens far improvements triadc by the LESSEE, staid liens for improvements
made by the LBI�'U are son i atl:v: prohibited frorn. attaching. tow be.orning n lion on tier interest of the LESSOR in
the Demised Prrmases or an V part of either. "fhi;, nn; 'cc is given ptat•,tuant In tare provisions of and in compliance with
Section 713,10, Florida. Statutes
ARTICLE 19, Quiet Enioyment
Suhiect to LESSOR'S rights provided in this Lease, LESSOR c,�.cnonts that LESSEE, on paying the rental
arVouti: mild performing the covenant;;, terms and conditions required of LESSU, c ontained herein, shall peaceably and
quietly have, hold and enjoy the Dcri ised Premises and the €ettaeWd esinte Epruntrt to LESSEE by virtue of this Lease
Agmement, .
ARTICLE 20, Waiver
No failure or LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver.
ARTICLE 21. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 22. C'roverninu Law
This Lease shall be governed and constmed in accordance with the laws of the State of Florida.
ARTICLE 23. Assignment
i 1 SSEL hall Ravi .ht right W, assegai this Lcn,r to a Iagal 4tlt,O Ow"cd a:ax c0nt1'--JJk J In etthet Thvirtss Toy?or nr
Chns,.cti he. Allcn LESSCtIt meter be ads-iscd tyf naty s-utl4 u;„sigrtsmorrl in writing,
IN WITNESS Yv'I ffiREOF, the parties hereto have hereunder sct forth their hands and seals.
AS TO TI IE LESSOR:
DA
J5V 1C k`#1) •tier k:
J6 LNgt is dtrsan s
-11 Qnair
Packet Page -1625-
BOARD OF COUNTY COMMISSIONERS
COLLI Y Ct L '1"Y, VLACr Df
BY`
DONNA 'IA'LA, Chairman
1400
AS TO LESSEE:
DATED: '9-*o 1, —000A
-- -- L--
WITNESSES-
(Print: Nuipe)
t Name)
(SignaLure)
(Print Name)
O"Tint Nartio)
Approved as to form and legal Sufficiency;
Jt!llrtif`ZFTq—"Whitc, Assistm-ni Ckiun.iTA—ttornoy
Packet Page -1626-
5/24/2011 Item 16.E.3.
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
By-
LAKE TRAFFORD RANCH. LLLP,
a Florida limited liability limited partnership
BV� r
CIMSTOPH L F , as mile-W Purtticr
10
5/24/2011 Item 16.E.3.
Exhibit "All
(Legal Description of Demised Property)
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Mall (E'x) of the East Half (EY2) of the Southwest Quarter (SW %,) of
the Southeast Quarter (SE' /,) of Section 22, Township 46 South, Range 28 East, Collier County,
Florida, being more particularly de=lbed as follows:
Commence at the Southeast comer of Section 22, Township 46 South, Range 28 East,
Collier County, Florida; thence run S 88'57'47"W, along the south line of the Southeast
Quarter (SE1/4) of said Section -22 for a distance of 1320.38 feet to the Point of
Beginning of the parcel of land herein described, thence continue S 88 "5747" Vwi,
along the south line of the Southeast Quarter (SEYi) of said Section 2, for a distance
of 330.09 feet; thence run N 00'31'18" W for a distance of 1 42;6'1 feet; thence run +l
88 '58"31' E for a distance of 330,12 feet; thence run S DO"31'14" E, for a distance of
13Q,44 feet to the Pollnt of Beginning; containing 10,17 awe, more or less.
AND
Property Tax Identification Number. 0005300D002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida; containing 645.47
acres more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; containing 643.59
acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida; containing 706.33
acres more or less.
0
Packet Page -1627-
. ....11._1_1-,. _.__._ _...._ 1
5/24/2011 Item 16.E.3.
Lease #CC - 102
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this _ day of
, 2011, at Naples, Collier County, Florida, by and between LAKE TItA&FORD
RANCH, LLLP, a Florida limited liability limited partnership, whose mailing address is 481,
Carica Road, Naples, Florida 34108, hereinafter referred to as "LESSEE," and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 East
Tainiami Trail, Suite 303, Naples, Florida 34112, hereinafter referred to as "LESSOR."
WITNESSETH
WI.-JEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement
("Lease Agreement") dated February 21, 2009; and
WHEREAS, the LESSEE and LESSOR are desirous of amending that Lease Agreement,
and
NOW, THEREFORE, in consideration of the covenants and agreements provided within
the said Lease Agreement dated February 2. 2009, and Ten Dollars ($10.00) and other valuable
consideration, the Lease Agreement is hereby amended as follows:
1. Article L. Demised Premises and Use, first paragraph of the Lease Agreement is hereby
deleted in its entirety and the following provision is substituted in its place:
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two
Thousand Two Hundred Ninety Three (2,293) acres of property described in Exhibit "A," which
is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises,"
situated in the County of Collier and the State of Florida, for the sole purpose of cattle grazing
and incidental activities that are directly related to beef cattle production.. -
2. The Exhibit A contained in the Lease Agreement is replaced with the Exhibit A attached
to this Amendment,
3. Article 2, Term of Lease, of the Lease Agreement is hereby deleted in its entirety and the
following provision, entitled Term of Lease, Renewal Term, and Termination, is substituted in its
place:
LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on
the date LESSOR executes this Lease, hereinafter referred to as the `Initial Term.- LESSEE is
granted the option, provided LESSEE is not in default of any of the terms of this Lease, to renew
same for two (2) additional terms of one (1) year each, under the same terms and conditions, as
provided herein, by giving written notice of LESSEE'S intention to do so to the LA'SSOR. not less
than thirty (30) days prior to the expiration of the Initial Tenn. Said two additional one year
terms are hereinafter collectively referred to as the "First Extended Term." If this f-'ease
Packet Page -1628-
5/24/2011 Item 16.E.3.
Agreement is not terminated prior to the expiration of the First Extended Term, the LESSEE is
granted the option, provided LESSEE is not in default of any of the terms of this Lease, to renew same
for five (5) additional terms of one (1) year each, under the same terms and conditions, as provided
herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30)
days prior to the expiration of each additional term of one (1) year. Said five additional one year
terms are hereinafter collectively referred to as the "Second Extended Term." LESSOR reserves
the right to deny LESSEE, in writing, of any renewal term during the Second Extended Term.
During the Initial Term, First Extended Term, and Second Extended Term, LESSEE, reserves the
right to tenminate this Lease, without cause, by providing LESSOR with at least thirty (30) days
written notice to the address set forth in ARTICLE 14 of this Lease. Upon termination of this
Lease, LESSEE will have ninety (90) days to make arrangements to remove the existing cattle,
during which ninety (90) days the cattle must remain.
During the Initial Term and First Extended Term, LESSOR shall not terminate this Lease without
cause. During the Second Extended Term, LESSOR may terminate this Lease or deny renewal
of thisLease, without cause, by providing LESSEE with thirty (30) days written notice to the
address set forth in ARTICLE 14 of this Lease. Upon termination or non - renewal of this Lease,
existing cattle must be removed within three hundred sixty five (365) days of the date of said
termination, but within no less than ninety (90) days thereafter. During the period of time that
LESSEE remains in possession after such termination, LESSEE shall continue to have said
mowing obligations as described in Article 3 or may pay rent prorated at the amount described in
Article 12, however, LESSEE shall not be liable for any interest thereon as described in said
Article 12. Such mowing or rent obligations shall cease when LESSEE vacates the Demised
Premises.
LESSEE and I.,ESSOR reserve the right to terminate this Lease, with cause, upon default
by the other party as described in Article 12 and in Article 13, after any cure or grace period
during the entire term of this Lease, by providing the other party with thirty (30) days written
notice to the address set forth in ARTICLE 14 of this Lease. Upon termination of this Lease,
LESSEE will have ninety (90) days after termination to make arrangements to remove the
existing cattle, during which ninety (90) days the cattle must remain.
All notices shall be effective upon placement of the notice in an official depository of the united
States Post Office, Registered or Certified Mail, Postage Prepaid.
4. Article 3, Rent, of the Lease Agreement is hereby deleted in its entirety and the 1:ollowing
provision is substituted in its place:
In lieu of rent for the Demised Premises, LESSEE, at its sole cost and expense, shall mow
the approximately nine (9) acres of open pasture adjacent to the lodge near Lake Trafford at a
minimum of six (6) mowing times per year, designated by the LESSOR, within the Demised
Premises, and a one point three (1.3) mile -long hiking trail and a one point one (l.l) mile -long
firebreak, within the Demised Premises and as depicted in Exhibit "B," which is attached hereto
and made a part of this Lease at a minimum of two (2) mowing times per year.
�. Article 4, Renewal Term Rent, of the Lease Agreement is hereby deleted in its entirety.
Packet Page -1629-
5/24/2011 Item 16.E.3.
6. Article 11, Maintenance, the following provision is added:
Any expense related to utilities used solely by The LESSEE shall be paid for by the LESSEE.
7. Article 12, Default by LESSEE, fourth paragraph of the Lease Agreement is hereby
deleted in its entirety and the following provision is substituted in its place:
If LESSEE fails to perform the covenants, terms and conditions required of LESSEE, as
specified in Article 3 of this Lease, LESSEE shall pay LESSOR the sum of Two Thousand Two
Hundred Ninety Three Dollars and No Cents ($2,293) per year. In the event LESSEE elects to
renew this Lease, as provided for in ARTICLE 2, and if LESSEE fails to perform the covenants,
terms and conditions required of LESSEE, as specified in Article 3 of this Lease, the rent of Two
Thousand Two Hundred Ninety Three Dollars and No Cents ($2,293) per year shall be increased
for each ensuing one (1) year renewal term by five (5) percent from the previous year. Any
amount not paid promptly when due shall also accrue interest at the rate of one and one -half
percent per month or the highest interest rate then allowed by Florida law, if lower, which
interest shall be paid by LESSEE to LESSOR.
Article 19, Quiet Enjoyment
Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on
performing the covenants, terms and conditions required of LESSEE contained herein, shall
peaceably and quietly have, hold and enjoy the Demised Premises and the leasehold estate
granted to LESSEE by virtue of this Lease Agreement.
9. Except as expressly provided herein, the Lease Agreement remains in full force and effect
according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk FRED COYLE, Chairman
%" pprm,ed as to form aiid legall sul'f ciellcV,
Jennifea' f3. i 'I ite, Assistam (ountti attorney
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AS TO LESSEE:
DATED:
WITNESSES:
(Signature)
(Print Name)
(Signature)
(Print Name)
(Signature)
A
/ O
(Print Name)
(Signature)
(Print Name)
5/24/2011 Item 16.E.3.
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
BY:
THOMAS M. TAYLOR, as General Partner
LAKE TRAFFORD RANCH, LLLP.
a Florida limited liability limited partnership
BY:
CHRISTOPHER C k UtN. as General Partner
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5/24/2011 Item 16.E.3.
Exhibit "A"
(Legal Description of Demised Premises)
Property 'Tax Identification Number: 00052360002
A parcel of land lying in the Southeast Quarter (SE' /4) of the Southwest Quarter (SW' /4) and the
West Half (W' /2) of the Southwest Quarter (SW' /4) of the Southeast Quarter (SE' /n) of Section 22,
Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as
follows:
Commence at the Southeast corner of Section 22, Township 46 South, Range 28
East, Collier County, Florida; thence run S 88 °57'47" W, along the south line of
the Southeast Quarter (SE /4) of said Section 22 for a distance of 1980.56 to the
Point of Beginning of the parcel of land herein described; thence continue S
88 °57'47" W, along the south line of the Southeast Quarter (SE' /4) of said Section
22, for a distance of 660.19 feet to the South Quarter corner of said Section 22;
thence run S 88 °57'47" W along the south line of the southwest quarter of said
Section 22, for a distance of 1321.80 feet; thence run N 00 °38'44" W for a
distance of 1342.51 feet; thence run N 88'59'17" E, for a distance of 1324.63
feet; thence run N 88 °59'31" E. for a distance of 660.24 feet; thence run S
00°31'22" E for a distance of 1342.58 feet to the Point of Beginning; containing
61.13 acres, more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida; containing
645.47 acres more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; containing
643.59 acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 3-3, Township 46 South, Range 28 East, Collier County, Florida; containing
706.33 acres more or less.
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5/24/2011 Item 16.E.3.
AND the `Additional Acreage'
Property 'Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East, Collier
County, Florida, being more particularly described as follows:
The West Half (W' /z) of Section 26, Township 46 South, Range 28 East, Collier
County, Florida, less the North 1452.35 feet thereof and less the Southeast Quarter
(SE14) of the Southwest Quarter (SW' /4) of said Section 26, and less that parcel of
land, as described and recorded in Official Records Hook 2585 at Page 2735
through 2737, owned by South Florida Water .Management District with Tax
Folio Number 00052640007; containing 185.91 acres, more or less.
AND
Property Tax Identification Number: 00052680009
The Southeast Quarter (SE'4) of the Southwest Quarter (SW' /4) of Section 26, 'Township 46
South, Rangc 28 East, Collier County, Florida; containing 40.38 acres more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying; in the East Half (E' /z) of the East Iialf (E' /) of the Southwest Quarter
(SW '4) of the Southeast Quarter (SEI /4) of Section 22, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East,
Collier County, Florida; thence run S 88 °5747" W, along the south line of the Southeast
Quarter (SE 14 ) of said Section 22 f o r a distance of 1320.38 feet to the Point of Beginning
of the parcel of land herein described; thence continue S 88 °57'47" W, along the south
line of the Southeast Quarter (SE,4) of said Section 22, for a distance of 330.09 feet;
thence run N 00'31'18" Vv for a distance of 1342.51 feet; thence run N 88 °58'31" E for
a distance of 330.12 feet; thence run S 00 °31.' 14" E, for a distance of 1342.44 feet to the
Point of Beginning; containing 10.17 acres, more or less.
END Legal Description
Packet Page -1633-
5/24/2011 Item 16.E.3.
Exhibit °B"
Packet Page -1634-
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