Agenda 11/08/2011 Item #16E2Triangle CRA Site Improvement Grant program and approve the amended form of the CRA
Grant Agreement (Fiscal Impact - None) (Commissioner Hiller's request)
November 8, 2011
BCC Agenda Changes
Page 2
Move Item 16D9 to Item 10H: Recommendation to award RFP #11 -5666 Barefoot
Beach Concession and authorize the Chairman to sign a contract with Day -Star Unlimited,
Inc. d /b /a Cabana Dan's and to approve termination at vendor request of Contract #00 -3168
"Barefoot Beach Concession Agreement." (Commissioner Hiller's request)
Move Item 16D11 to Item 10I: Recommendation to adopt the Parks and Recreation
Department Standard Operating Policy "AT0012 Reserving Ballfields." (Commissioner
Hiller's request)
Move Item 16D17 to Item 10E: Recommendation to accept an update on assessment of
and improvements to Domestic Animal Services enforcement operations. (Commissioner
Hiller's request)
Move Item 16D18 to Item 1017: Recommendation to approve and authorize the
Chairman to sign an updated U.S. Department of Housing and Urban Development (HUD)
Standard Form (SF) 424 for the HUD Collier County Entitlement grants for Action Plan (AP)
Year 2011 -2012 and to authorize the Chairman to sign the HUD grant agreements upon their
arrival. (Commissioner Hiller's request)
Move Item 16D19 to Item 10J: Recommendation for the Board of County
Commissioners to approve and authorize the Chairman to sign an agreement between
Collier County Board of County Commissioners and the Physician Led Access Network
(PLAN) in the amount of $50,000 to provide medical referral services for low- income
residents in Collier County. (Commissioner Hiller's request)
Move Item 16E2 to Item 10G: Recommendation
to approve a one -year renewal of the Lease
Agreement with Lake Trafford Ranch, LLLP, for
cattle ranching at Pepper Ranch Preserve for an
annual revenue of $2,113. (Commissioner Hiller's
request)
Continue Item 16E5 to the December 13, 2011 BCC Meetings Recommendation to
approve and authorize the Chairman to execute Amendment #3 to Collier County's contract
n EXECUTIVE SUMMARY
A"10
11/8/2011 Item 16.E.2.
Recommendation to approve a one -year renewal of the Lease Agreement with Lake
Trafford Ranch, LLLP, for cattle ranching at Pepper Ranch Preserve for an annual
revenue of $2,113.
OBJECTIVE: To maintain the Lease Agreement (Lease) with Lake Trafford Ranch, LLLP for
cattle ranching at the property known as Pepper Ranch Preserve through.February 2013.
CONSIDERATIONS: At its May 24, 2011 Regular Meeting, the Board continued Agenda Item
10D, which was a recommendation to approve an amendment to the Pepper Ranch Preserve
cattle lease, and requested that staff research local cattle lease rates, consult with the U.S.
Department of Agriculture (USDA) Agricultural Agent to gain insight into local cattle lease rates,
and address concerns regarding the compatibility of cattle ranching with wildlife by consulting
with the Florida Fish and Wildlife Conservation Commission's (FWC) Division of Habitat and
Species Conservation.
After conducting research and consulting with George Poole (USDA Natural Resources
Conservation Service (NRCS) Grazing Resources Specialist) and Bob Beck (USDA NRCS
Collier County District Conservationist), staff found that cattle lease rates on private property
within South Florida can average between $3 and $7 per acre. Staff also contacted Laura A.
Knipp, South Region FWC Division of Habitat and Species Conservation Biological Scientist IV,
regarding the compatibility of cattle ranching with wildlife. She confirmed that a properly run
cattle operation has no adverse affect on wildlife.
Since the May 24, 2011 Board meeting, County consultants met with the U.S. Army Corps of
Engineers permitting staff regarding specific bank requirements necessary as part of the effort
to permit Pepper Ranch Preserve as a wetland mitigation bank. One such .requirement is the -
complete exclusion of cattle from mitigation restoration areas. Therefore, staff recommends
making no changes to its current cattle ranching lease at this time.
On October 25, 2011, staff received a request from Lake Trafford Ranch, LLLP to renew their
lease for one year in accordance with the terms of their contract. Lake Trafford Ranch, LLLP is
supportive of the County's effort to permit the ranch as a mitigation bank and is willing to
accommodate any resulting future reduction of grazing areas. Based upon the input from Mr.
Poole, Mr. Beck, and Ms. Knipp and the uncertainty of future mitigation bank cattle operations,
staff believes the best course of action would be to approve this request and not take any
further action to seek bids at this time.
FISCAL IMPACT: Under the current cattle lease terms Collier County will collect $2,113 in
FY12.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this item.
LEGAL CONSIDERATIONS: The initial lease expires next February. The Lease contains a
limited option to renew for an additional year, which option the Lessee has duly exercised. The
limitation on the option is the County's right to deny the renewal. By this executive summary
staff is requesting that the Board not deny the renewal, so that the Lease will continue through
February 201-3. Should the Board adopt staffs recommendation, no further notice by the
Packet Page -1157-
11/8/2011 Item 16.E.2.
County need be made. Should the Board wish to terminate this lease, then this item will need to
be pulled and staff directed to notify the Lessee of the Board's decision to deny the renewal.
With that said, this item is legally sufficient, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners continues the Lease
Agreement with Lake Trafford Ranch, LLLP, at Pepper Ranch Preserve.
PREPARED BY: Melissa Hennig, Principle Environmental Specialist, Conservation Collier
Program, Department of Facilities Management
Attachments: 1. Pepper Ranch executed cattle lease
2. E -mail from George Poole dated September 1, 2011
3. E -mail from Laura Knipp dated August 26, 2011
4. Lake Trafford Ranch, LLLP "Notice of Intent to Renew" letter
Packet Page -1158-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
11/8/2011 Item 16.E.2.
Item Summary: Recommendation to approve a one -year renewal of the Lease Agreement
with Lake Trafford Ranch, LLLP, for cattle ranching at Pepper Ranch Preserve for an annual
revenue of $2,113.
Meeting Date: 11/8/2011
Prepared By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
9/26/2011 10:33:23 AM
Submitted by
n Title: Environmental Specialist, Principal,Facilities Management
Name: HennigMelissa
9/26/2011 10:33:24 AM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 9/26/2011 11:24:56 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 9/26/20112:17:29 PM
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
Date: 10/24/2011 1:08:48 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 10/27/2011 8:48:21 AM
Packet Page -1159-
11/8/2011 Item 16.E.2.
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 10/27/20114:35:08 PM
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
Date: 11/1/20119:31:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/1/2011 11:45:31 AM
Name: FinnEd
Date: 11/1 /201 1 2:31:06 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/1/20113:00:07 PM
Packet Page -1160-
11/8/2011 Item 16.E.2.
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 26. day of Gtr'^" 2009, between LAKE
TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership, by its undersigned General Partners, whose
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 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "LESSOR ".
W ITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as
follows:
ARTICLE I. Demised Premises and Use
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two Thousand Twelve point One
(2,012.1) 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..
All animal husbandry principles and practices applicable to the property and efficient use of grazing resources
shall be followed at all times. The LESSEE shall be responsible for the establishment and implementation of sound
grazing practices based on the best management guidelines of the U.S. Department of Agriculture's National Resources
Conservation Service.
Consistent with its status as a tenant the LESSEE will have exclusive use and possession of the Demised Premises,
however, the LESSOR may, as specified below: (i) alter its boundaries and /or (ii) make use of portions of it for hunting,
public access, and other activities consistent with the Conservation Collier program, as described below in this Article 1
and in Article 16(e) and (f). LESSOR'S use shall not, however, interfere with LESSEE'S permitted use of the Demised
Premises, nor expose LESSEE to liability to third parties based on the use that LESSOR is permitted to make of the
Demises Premises.
This LEASE AGREEMENT may be amended from time -to -time in order to change the size of the Demised
Premises as necessary to accomplish the goals, policies, and objectives of the Conservation Collier Implementation
Ordinance (Ordinance 02 -63, as amended). LESSOR'S representative (e.g., Real Estate Services Staff) shall advise
LESSEE, in writing, of its intent to recommend that LESSOR amend this LEASE AGREEMENT. Any Such change
shall only be effective not less than ninety (90) days after it is executed by the Board of County Commissioners.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on the date
LESSOR executes this Lease. 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, under the same terms and conditions, except as to
the rental amount, 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 the leasehold estate hereby created. LESSOR reserves the right to deny
LESSEE, in writing, of any renewal term. Said notice shall be effective upon placement of the notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Two Thousand Twelve
Dollars and No Cents ($2,012) per year. Said annual rent shall be paid in full upon thirty (30) days from the date in which
this Lease is executed by the LESSOR. LESSEE will also be responsible for the payment of additional rent as provided
for in ARTICLE 5 of this Lease.
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3
shall be increased utilizing the method outlined in ARTICLE 4.
LESSEE and LESSOR reserve the right to terminate this Lease, with or without cause, by providing the other party
with thirty (30) days written notice to the address set forth in ARTICLE 14 of this Lease. Said notice shall he effective
upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail,
Postage Prepaid. Upon termination of this Lease, (i) LESSEE will have ninety (90) days after termination to make
arrangements to remove the existing cattle, during which 90 days the cattle must remain, and (ii) LESSOR will remit to
LESSEE any prepaid and unearned rent for any period that exceeds (60) days after such 90 days.
Packet Page -1161-
11/8/2011 Item 16.E.2.
ARTICLE 4. Renewal Term Rent
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3
shall be increased for each ensuing one (1) year renewal term by five (5) percent from the previous year, compounded.
ARTICLE 5. Intentionally Omitted
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will
provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises
for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement,
change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee
will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements,
alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from
LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to
LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises,
to observe and comply with all then and future applicable laws, ordinances, rules; regulations, and requirements of the
United States of America, State of Florida, County of Collier, and any and all governmental agencies.
All alterations, improvements and additions to the Demised Premises shall at once, when made or installed, be
deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any
renewal term thereof, or within thirty (30) days thereafter, if, LESSOR so directs, LESSEE shall promptly remove the
additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises
by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof,
LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be
used or occupied for any purpose contrary to law or the rules or regulations of any public authority.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the 1-0\
Demised Premises or any part thereof at any time, without notice to the LESSEE, for the purpose of examining the same
and making repairs, inspecting or curing a default or nuisance, or providing maintenance service therein, and for the
purposes of inspection for compliance with the provisions of this Lease Agreement. If LESSOR should need to utilize
the property for any length of time, for any purpose, the LESSOR shall advise the LESSEE of its intentions by oral
notice.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises,
or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or
subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums
herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The
acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to
be a consent to the assignment of this Lease or subletting of the Demised Premises.
ARTICLE 4. Indemnitv
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,
shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability
(statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not
limited to, attorneys' fees and disbursements both at trial and appellate levels) arising directly from any injury to, or death
of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the
Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its
employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the
Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under
this Lease, or (D) any negligent act or omission of LESSEE or its agents, contractors, employees, subtenants, licensees or
invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE
shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding
if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
It is acknowledged that in accord with the terms of this Lease (i) certain uses may be made of the Demised
Premises by the LESSOR and (ii) LESSOR may permit third parties to make use of the Demised Premises. However,
LESSEE shall have no liability to such third parties, in particular members of the public or hunters, nor shall LESSEE be
required to maintain or manage the Demised Premises to a standard or condition that would or might be required to
Packet Page -1162-
11/8/2011 Item 16.E.2.
business 'invitees given that LESSEE'S permitted use not involve or contemplate t.... N.., ....,
presence of members of the public, or hunters will be at the direction or invitation of LESSOR. The Demised Premises
are unimproved agricultural pasture lands and/or naturally vegetated areas. LESSEE'S responsibilities for maintenance
in accord with Article 11, and its responsibility and liability to LESSOR under this Articles 4 are and shall be based on
the standards of care required of a tenant of lands having the forgoing characteristics and uses and an absence of' business
invitees.
The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other
persons in the Demised Premises, or from the street or sub - surface, or from any other place, or for any interference
caused by operations by or for a governmental authority in construction of any public or quasi - public works.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property,
occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any
claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the
LESSOR or its employees.
ARTICLE 10. Insurance
LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier County Risk
Management Department, for not less than an amount of One Million Dollars and No /100 Cents ($1,000,000.00)
throughout the term or any renewals thereof to this Agreement. In addition, LESSEE shall provide and maintain
Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable
state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand
Dollars and No/] 00 Cents ($100,000.00) each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance
shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration
Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a
provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the
event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insurance
requirements by issuance of notice in writing to LESSEE„ whereupon receipt of such notice LESSEE shall have thirty
(30) days in which to obtain such additional insurance.
LESSOR shall maintain such liability insurance, or self funded liability reserves, as are appropriate to protect itself
and LESSEE from third party claims based on use of the Demised Premises that the LESSOR is permitted to make, or
allows third parties to make, in accord herewith.
ARTICLE 11. Maintenance
LESSEE shall be allowed to store, within the Demised Property, any functional maintenance equipment and
supplies required for activities directly related to beef cattle production on the Demised Property.
LESSEE, at its sole cost and expense, shall mow the improved pasture within the Demised Property a minimum of
one (1) time per year and may roller chop specific areas of pasture when needed as a means to control exotic and woody
plant growth and to upkeep areas located around cattle pens. LESSEE shall develop the mowing schedule and include
variables such as excessive rainfall, drought or other unforeseen conditions.
Each individual improved pasture within the Demised Property may include mineral feeders, supplemental feed
trough, and molasses feed tanks as a means to control cattle concentration areas. Rotation of cattle shall continue
throughout the year on a scheduled basis. in the event there has been an extremely dry and cold winter or an
exceptionally wet season, the cattle will be managed by LESSEE to fit the available forage.
LESSEE may not fertilize improved pasture areas.
Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of water holes shall
be prohibited.
LESSEE, at its sole cost and expense, shall erect, if not already existing, and maintain a fence acceptable to
LESSOR around that area of the Demised Premises which shall contain any cattle. This fencing is crucial in retaining
cattle and preventing cattle from roaming off of the Demised Premises.
LESSEE shall, at its sole cost and expense, keep the Demised Premises free from debris, litter, abandoned
equipment and vehicles, and the like, at all times. if said Demised Premises are not kept free from debris, litter,
abandoned equipment and vehicles, and the like, in the opinion of LESSOR, LESSEE'S manager will be so advised in
writing, if corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR will cause the same to
be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute
additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by
LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees,
agents, independent contractors, guests, invitees, licensees, and patrons.
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11/8/2011 Item 16.E.2.
The LESSEE, at its sole cost, shall remove from the Demised Premises ill avcvJuanoe wiu, au 4pNuL;av1c JUMo',
laws and regulations, all non - naturally occurring solid, liquid, semisolid, and gaseous trash and waste (but not animal
waste) and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S
business. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR.
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.
LESSOR/ Preserve Manager shall visit the property at least semi - annually to evaluate the management and grazing
operation. The LESSOR/ Preserve Manager and the LESSEE/Managing Partner shall meet annually to review and, if
necessary, revise any grazing and /or pasture management plans.
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 LESSEE
Failure of LESSEE to comply for thirty (30) days with any material provision or covenant of this Lease shall
constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE,
unless the default be cured within the notice period (or such additional time as is reasonably required to correct such
default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease
may be immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification 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 of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in addition to any other
rights and remedies it may have, shall have the immediate right to re -enter and remove all persons and property from the
Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for
the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of
trespass, or being liable for any loss or damage which may be occasioned thereby.
LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a
lien is filed against the property or the leasehold interest of the LESSEE, and not removed within thirty (30) days by
LESSEE, pursuant to the Florida Mechanics Lien Law.
If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as specified in this
Lease, and if said amounts remain unpaid for more than ten (10) days past the due date, the LESSEE shall pay LESSOR a
late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2) percent per month or the highest interest rate then
allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR.
ARTICLE 13. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless i"IN,
and until LESSOR shall have failed to perform such obligations within thirty (30) days (or at LESSOR'S sole discretion,
Packet Page -1164-
11/8/2011 Item 16.E.2.
such additional time as is reasonably required to correct such default) after nouoe Lu Lnawn oy Lnz.,,nr, properly
specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14. Notices
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:
Board of Countv Commissioners
c/o Real Property Management
Building W
3301 Tamiami Trail East
Naples, Florida 34112
cc: Office of the County Attorney
Collier County Government Center
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Conservation Collier Coordinator
Collier County Government Center
Building W
3301 Tamiami Trail East
Naples, Florida 34112
ARTICLE 15. Surrender of Premises
LESSEE:
Mr. Thomas Taylor, General Partner
Lake Trafford Ranch, LLLP
481 Carica Road
Naples, Florida 34108
Mr. Christopher Allen, General Partner
Lake Trafford Ranch, LLLP
555 Hickory Road
Naples, Florida 34108
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall
deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon
expiration of this Lease, or its earlier termination as herein provided, in as good condition and repair as the same shall be
at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance
thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted.
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
Weight
(pounds)_
Animal Unit
Equivalent
AUE
Cow. dry
950
0.92
Cow with calf
1,000
1.00
Bull, mature
1,500
1.35
Cattle. 1 year old
600
0.60
Cattle. 2 year old
800
0.80
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 this use.
If LESSEE should elect to destroy sick cattle, any use of firearms shall be permitted by LESSOR so as long as
LESSEE is legally permitted to possess such firearm in the County of Collier and 1 or the State of Florida, as applicable.
LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE or his
invitees upon the Demised Premises except as specifically allowed under this Lease.
LESSEE fully understands that the police and law enforcement security protection provided by law enforcement
agencies for the above- referenced Demised Premises is limited to that provided to any other business or agency situated
in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the
Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises
which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where
other operations share common facilities.
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11/8/2011 Item 16.E.2.
(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 Premises where applicable under law
(c) If applicable, LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation,
by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest 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 Commission. LESSOR is responsible for developing
and implementing rules, protocols, and for the supervision of any hunters and members of the public generally to
guard against accidents, injury to LESSEE'S cattle, and interference with LESSEE'S permitted use.
(f) LESSOR may engage a Range Conservationist to develop a long -range management plan for the Demised
Premises. LESSEE acknowledges that he will cooperate with LESSOR and any plans that may develop for the
Demised Premises as a result of future planning. Implementation of any such plan shall require sixty (60) days
written notice to LESSEE and if it reduces the land available to LESSEE the rent will be reduced accordingly.
ARTICLE 17. Intentionally Omitted
ARTICLE 18. Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in
the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements
made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in
the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with
Section 713. 10, Florida Statutes.
ARTICLE 19. Quiet Enjo i�,ment
Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on paying the rental
amount and 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.
ARTICLE 20. Waiver
No failure of 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, Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
ARTICLE 23. Assignment
LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by either Thomas Taylor or
Christopher Allen. LESSOR must be advised of any such assignment in writing.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED: —2 —O!)
ATTES'':"
DWI( L� ROGK, Jerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER CONY, FLORIDg1_
BY:
DONNA tIALA, Chairman
Packet Page -1166-
AS TO LESSEE:
DATED: 'FLO
WITNESSES:
(Signa re)
(Print Name)
(Print Name)
(Signa ure)
(Print Name)
(Signature)
3`:..11 1) t3 t Ff- 9— , Asa - F
(Print Name)
Approved as to form and legal sufficiency:
Jennifer'g. White, Assistant County Attorney
11/8/2011 Item 16.E.2.
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
r
CHRISTOPHER L. A1( LEN, as Ceneral Partner
Packet Page -1167-
11/8/2011 Item 16.E.2.
Exhibit "A"
(Legal Description of Demised Property)
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (E' /z) of the East Half (E' /Z) 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 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'/) 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 °57'47" W,
along the south line of the Southeast Quarter (SE %) of said Section 22, for a distance
of 330.09 feet; thence run N 00 °31'18" W 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.
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.
/_l as]
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.
6
Packet Page -1168-
11/8/2011 Item 16.E.2.
HennigMetissa
From: Knipp, Laura [laura.knipp@MyFWC.com]
Sent: Friday, August 26, 2011 1:41 PM
To: HennigMelissa
Subject: RE: Cattle Grazing Questions
Melissa,
1. Question 1: Would you recommend that we continue to utilize the cattle as a land management
tool until we can restore the preserve?
Answer: In the terms of land use management, cattle are a valuable tool to maintain property in an
early succession habitat. Grasses /pastures are considered early succession habitat as it is more
than bare ground, but less structured habitat as a pine upland or a hardwood hammock. Grass
keeps the trees out, and the grass is maintained via the cattle and the mowing. As long as the
cattle are rotated on the grass so that it is not overgrazed, cattle are a good tool for this type
habitat. With that said, there are other methods that can be used as well. Fire is the best tool, but
seeing that smoke is an issue in south FL with roads and liabilities, and the fact that the window of
opportunity to small (as our weather plays an important part), cattle is an easier method.
Herbicide is another method, but since our water tables are an issue and the vast number of
acreage you have to deal with, it is hardly feasible.
In FL, most of the large parcels of land that have some sort of pasture on it use cattle for grazing.
Silva pasture systems are in place in much of the state from central FL to Northern FL. Silva
pasture is where you put both cattle and pine trees on the same stretch of land for money making
opportunities. In south FL, mostly pure pastures are recommended with forests nearby.
Since deer is a big part of your question, i will discuss deer. Deer do not graze, unlike elk, bison,
or cattle. They rely on different sorts of foods at different times of year —in other words, they are
browsers. in the early spring, they seek out early immerging seedlings and new leaf shoots from
trees and bushes_ In summer, they will eat some grasses and well as crops and anything else
they can find that is not woody vegetation. During the fall and into our winter months, they eat
matured fruit and acorns. They are not utilizing the same niche as the cattle are. Therefore, they
will not be affected by a cattle operation. Cattle and deer can and will coexist on the same
property. Other wildlife that can possibly utilize the property at the same time is mostly any wildlife
that is found in south FL.
Suggestions: i would have fencing to exclude cattle out of the majority of wetlands. If you are
rotating fields for which cattle can graze on in the same property, make sure you are allowing the
same rotation as to what parts of the wetlands can have the cattle. The cattle should never have
full reign over an entire wetland. If you can exclude cattle out of the entire wetland area, this would
be best. However, wetlands do hold water and water is essential for cattle —so if there are no
other water sources for the cattle, then use a rotational method in the wetlands is best. Cattle are
large animals and can cause impaction of the soil in the wetlands. In addition, the nitrogen
byproduct of the animal waste can create an energy boost in the wetland that would be utilized by
exotic species to get a foothold on the property (and costly to fix).
2. Question 2: What would be your recommendation?
Packet Page -1169-
11/8/2011 Item 16.E.2.
Answer: In this economy I probably leave the price as is. It is quite expensive to raise cattle in
south FL, if the lease is including rotating cattle on parts of land because of overgrazing
issues. If the mitigation bank is starting anytime soon, there will be no cattle grazing allowed at
ail, as mitigation banking is NOT and never will be a MULTI -USE land management option.
Simply put, cattle do impact soils. If you are restoring the property for a mitigation bank, you
have to totally return the property to the habitat type that the mitigation is for (ex. Wading bird
habitat). This would be a restoration of the wetlands and the pasture system would be
flooded. Cattle, vehicles (other than those used to maintain the property), ATVs, horses, etc.
would be restricted on the property, as they are not the "species" the bank was built for. It
would be unfair to start a new lease for cattle grazing and then cease it during mid use
because of the restoration project.
I hope this helps answer your questions. If you need anything else, feel free to ask.
Sincerely,
Laura A. Knipp
From HennigMelissa [ mailto :MelissaHennig @colliergov.net]
Sent: Friday, August 26, 2011 11:52 AM
To: Knipp, Laura
Subject: Cattle Grazing Questions
Hello Laura,
Our organization manages a 2,500 acre preserve — 900 acres of which is improved pasture. Our
current cattle lessees are good to work with. They are the ones that sold us the property. They mow
the pastures as required in the lease, they do not overgraze (abiding by the recommendations we
received from the USDA NRCS employee that visited the ranch for us), we have good communication
with them, and they are trustworthy. The only issue is that their cattle lease was negotiated as part of
the sale of the property. In the terms of the lease, they pay only $1 per acre. This is lower than other
lessees pay to graze similar lands in the area.
Packet Page -1170-
Florida Fish F, wildlife Conservation
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From HennigMelissa [ mailto :MelissaHennig @colliergov.net]
Sent: Friday, August 26, 2011 11:52 AM
To: Knipp, Laura
Subject: Cattle Grazing Questions
Hello Laura,
Our organization manages a 2,500 acre preserve — 900 acres of which is improved pasture. Our
current cattle lessees are good to work with. They are the ones that sold us the property. They mow
the pastures as required in the lease, they do not overgraze (abiding by the recommendations we
received from the USDA NRCS employee that visited the ranch for us), we have good communication
with them, and they are trustworthy. The only issue is that their cattle lease was negotiated as part of
the sale of the property. In the terms of the lease, they pay only $1 per acre. This is lower than other
lessees pay to graze similar lands in the area.
Packet Page -1170-
11/8/2011 Item 16.E.2.
I have 2 questions:
1. Some people have questioned whether using the cattle as a management tool is
detrimental to the wildlife on the ranch, particularly the deer. Would you recommend
that we continue to utilize the cattle as a land management tool until we can restore the
preserve?
2. We are in the process of permitting the ranch as a mitigation bank. After meeting with
the agencies, it is obvious we will be required to either remove the cattle all together or,
at the very least, restrict their access to all areas of the ranch except the un- restored
improved pasture. Our current cattle lease expires in Feb. 2012, but has the option to
extend annually for the next 2 years. I am faced with the option of either cancelling the
current lease and going out to bid for a new lessee (to get more money for the lease -
possibly up to $6,000 a year), or continuing the current lease until the preserve is
permitted as a mitigation bank or it expires completely in Feb. 2014... then going out to
bid for a new lessee for only the improved pasture areas, if it is allowed by the
agencies. What would be your recommendation?
Thanks,
Melissa
Melissa Hennig
Principal Environmental Specialist
Collier County Conservation Collier Program
3335 Tamiami Trail East, Suite 101
"-"',Naples, FL 34112
Office: 239 -252 -2957
Cell: 239 - 289 -2934
Fax: 239 -252 -6720
_ a„ address.'.-, af�c- p,ILIic r. co a; fz }.,rr n )I ")�a +;t ¢fl.f3 t. -!-° 3r �,� _ r.. �s rf. e.'T 4f c , sn,") _e to a ouI)Iic rrr,,Iest. do wt _r1j
Packet Page -1171-
11/8/2011 Item 16.E.2.
HennigMelissa
From: Poole, George - La Belle, FL [George. Poole@fl.usda.gov]
Sent: Thursday, September 01, 2011 10:33 AM
To: HennigMelissa
Subject: RE: Pepper Ranch Cattle Lease
Melissa,
Hope all is well. Since restoration is the goal of Pepper Ranch and cattle will be used as a tool to assist in these efforts.
It would be my suggestion to keep the current cattle lease until it expires in Febuary 2014 for a number of reasons:
The current leasee is aware of the restoration /goals of Pepper ranch and is willing to work with you to achieve
those goals.
The current leasee having been there for many years are familiar with the property (fence locations, gates, and
lanes[ and will be able to rotate /move their cattle in a more efficient manner so it won't interfere with the
restoration goals of the ranch. Bringing on a new leasee at this point could possibly create too much of a "
learning curve " while the new leasee becomes familiar with the property. This could possibly cause some
confusion and interfere with the restoration work that will be happening.
Bringing on a new leasee without clarification on the mitigation work can also cause much extra work on your
part. The old leasee will have to remove all of their cattle from the property and can be easier said than done.
There are always a "few" cattle that by accident get left behind. This could take multiple tries for the leasee to
remove their cattle while the new lessee is waiting to bring their cattle on the property. This could definitely
cause some headaches especially if there is restoration work already going on.
From my experience and a logicistical standpoint it will be much easier just to keep the current lease until it expires.
Please call if you have any questions /concerns.
Hope this helps,
George
George Poole
Grazing Resources Specialist
USDA /MRCS
1085 Pratt Blvd.
Labelle, FL. 33935
(863) 674 -5700
From: HennigMelissa rmailto: MelissaHenniQt-Pjcollieroov.net1
Sent: Wednesday, August 31, 20119: 15 AM
To: Poole, George - La Belle, FL
Subject: Pepper Ranch Cattle Lease
Hi George,
Packet Page -1172-
11/8/2011 Item 16.E.2.
As we had discussed, I have been tasked with bidding out the Pepper Ranch cattle lease right now.
My preference would be to wait until the current lease expires in Feb. 2014, because I am fearful of
^the issues that will arise if we switch out lessees without having clarity on the mitigation bank.
Here are the circumstances:
We are in the process of permitting the ranch as a mitigation bank. After meeting with the agencies, it
is obvious we will be required to either remove the cattle all together or, at the very least, restrict their
access to all areas of the ranch except the un- restored improved pasture. Our current cattle lease
expires in Feb. 2012, but has the option to extend annually for the next 2 years. The current lessees
have been very cooperative and are trustworthy. They are required to mow the pastures at least
once a year and also maintain the fencing. Their lease is for $1 /acre for up to 300 head of cattle. I
have heard that ranchers in Collier get about $4 - $7 per acre. I am faced with the option of either
1. Cancelling the current lease and going out to bid for a new lease (to get more money for the
lease — possibly up to $6,000 a year), or
2. Continuing the current lease until it expires completely in Feb. 2014. Under this second option
we would go out to bid for a new lease after the current lease expires for only the improved
pasture areas, if it is allowed by the agencies under the mitigation bank.
What would be your recommendation?
Thanks,
Melissa
"''Melissa Hennig
Principal Environmental Specialist
Collier County Conservation Collier Program
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Office: 239 -252 -2957
Cell: 239 - 289 -2934
Fax: 239 -252 -6720
r fl `a Law e rio'15 3 1 es", �. t < ' r L 0 6
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Packet Page -1173-
11/8/2011 Item 16.E.2.
LAKE TRAFFORD RANCH, LLLP
October 25, 2011
Ms. Melissa Hennig
Principal Environmental Specialist
Collier County Conservation Collier Program
3335 Tamiaini Trail East, Suite 101
Naples, Florida 34112
Dear Ms. Hennig,
We understand you would like to set an agenda item for the Board of County
Commissioners to discuss the cattle lease at Pepper Ranch.
As you know, we have always been willing to accommodate County requests and have
provided assistance in a number of ways in the County's management of the Ranch. We are
supportive of the County's continued expansion of public access, and progress on the
mitigation permitting and any resulting future reduction of grazing areas. I expect us to
continue participation in the youth hunts and mowing areas to accommodate the youth
hunts. In turn, we have appreciated you and Christal communicating with us regarding
public hunt schedules and other activities that could in some way impact the cattle
operations. In our opinion, the relationship has been cooperative and mutually beneficial.
Based on the current lease, the initial term of three years expires in February 2012. We are
electing to exercise the first of our two option years in accordance with the terms of the
lease.
Please contact me if you have any questions.
Sincerely,
Thomas M. Taylor
General Partner
Packet Page -1174-