Agenda 01/12/2010 Item #16E 1
Agenda item No. 16E1
January 12, 2010
Page 1 of 9
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EXECUTIVE SUMMARY
Recommendation to approve First Amendment to Lease Agreement, aka the
cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land
Acquisition Program.
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. It is located north and west of Lake Trafford, and west of Immokalee, Florida.
The Preserve 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.
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At the time the ranch 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 Pepper Ranch Preserve. Having cattle present assists Preserve land
managers to more smoothly transition uses of the ranch from agricultural to preservation over
time. The original lease agreement involved an annual rent to be paid to Conservation Collier of
$2.012, or $1 per acre, per year, a locally standard lease fee for cattle grazing. This lease 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 went into effect, it was determined that the acreage amounts and
locations identified in the agreement were not entirely accurate. Additionally, it was determined
that two electric service accounts existed which primarily served the lessee in cattie
management areas (well pump and cattie pen lighting). As a result, an amendment to the
original lease 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 was negotiated 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.
. Language requiring all expenses reiated to utilities used solely by the Lessee to be paid
for 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 tenmination. 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 seven months demonstrated that its
presence is advantageous to the County.
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Agenda Item No. 16E1
January 12, 2010
Page 2 of9
FISCAL IMPACT: The original lease provided for the payment of rent from the lessee to the
Conservation Collier Program in the amount of $2,012 per year. The amount of the additional
acreage would have increased that payment to $2,293 per year. Staff calculated the cost of
mowing an additional 9 acres, where visitor use would be most frequent, 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.
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.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient. Once signed by the Lessee, it will be forwarded to the
Board chair for signature-JBW.
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 it for the Pepper Ranch Preserve.
PREPARED BY: Melissa Hennig, Manager, Conservation Collier Program, Department of
Facilities Management
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Agenda Item No. 16E1
January 12, 2010
Page 3 019
CAT ~ 'ER ("'IT"T"','
"..If JJL!~ _ _.'_' _ 1. .
BOARD OF COUNTY COMMISSIONFRS
Meeting Date:
16E1
This item continued from the December 1, 2009 meeting and has been continued indefinitely.
Recommendation to approve First Amendment to Lease Agreement, aka the cattle lease, for
the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program.
1/12/20109:00:00 AM
Item Number:
Item Summary:
Approved By
Skip Camp, C.F.M.
Director ~ Facilities Management
Date
Administrative Services
Division
Facilities Management
11/2/200912:21 PM
Approved By
Len Golden Price
Administrator. Administrative Services
Date
Administrative Services
Division
Administrative Services Division
11119/20091:54 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
11/24/20098:59 AM
Approved By
Jeff Klatzkow
County Attorney
Date
11/24/20099:56 AM
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Agenda Item No. 16E1
January 12, 2010
Page 4 of 9
Leasc ilCC - 102
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMEi\'T entercd into this __ day of
_ . 2009, at Naplcs, Collier County, florid. by and hctween LAKE TRAFFORD
RANCH, LLLP, a Florida limited liability limited partnership, whose mailing address is 481
Carica Road, Naples, Florida 34108, hcreinaftcr rcferrcd to as "LESSEE," and COLLIER
COUNTY, a political subdivision of the Stale of Florida, whose mailing address is 3301 East
Tamiami Trail, Naples, Florida 34] ] 2, hereinafkr referred to as "LESSOR."
WITNESSETH
WHEREAS, the LESSEE and LESSOR havc prcviously entered into a Lcase Agrcement ("Leasc
Agreemcnt") datcd Febmary 2, 2009;
WHEREAS, the LESSEE and LESSOR arc desirous of amending that Lcase Agreement; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the said
Lease Agreement dated Fcbruary 2, 7009, and Ten Dollars ($10.00) and other valuable
considcration, the Leasc Agreemcnt is herehy amended as follows;
L Article I, Demised Premises and lJse,first paragraph of the Lease Agrccment is hereby
deleted in its entirety arId the following provision is suhstituted in its place;
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two
Thousand Two Hundred Nincty Three (2,293) acrcs of property described in Exhibit "A," which
is attached hereto and made a pan of this Lease, hereinaftcr called the "Demised Premises,"
situated in thc County of Collicr and the State of Florida, tor 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 Amendmeni.
3. Article 2, Term of Lease, of the Leasc Agreemcnt is hereby delcted in its entirety and the
following provision is substilllted in its place:
LESSEE shall havc and hold the Demised Premises for a teml of three (3) years, commencing on
the datc LESSOR exccutes this Lease, hcreinafter 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 (]) year each, under the same telms 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 the Initial Tenn. Said two additional one year
tenns are hercinafter refcrred to as the "First Extended Tenn."
Agenda Item No. 16El
January 12, 2010
Page 5of9
If this Lease Agreement is not tenninated prior to the cxpiration 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) addllional terms of ont (l) year, 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 (I) year, Said five additional one
year terms are hereinafter referred to as the "Second Extended Tenn." LESSOR reserves the right
to deny LESSEE, in writing, of any renewal term during the Second Extended Term.
During the Initial Term, First Extendcd Term, and Second Extended Term, LESSEE reserves the
right to tern1inate this lease, without cause, by providing LESSOR with at least thirty (30) days
written notice to the address set forth in ARTICLE ]4 of this Lease. L:pon termination of this
Lease, LESSEE will have nincty (90) days to make arrangcments to rcmove the existing cattle,
during which nincty (90) days the cattlc mu.~t rcmain.
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During the Initial Tenn and First Extendcd Tenn, LESSOR shall not terminate this lease without
cause. During the Second Extended Tcrm, LESSOR may terminatc this Lease or deny rcnewal
of this leasc, without cause, by providing LESSEE with thi11y (30) days writtcn notice to the
address set forth in ARTICLE ]4 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 thcrcafter. During the period of time that
LESSEE remains in possession after such tem1ination, LESSEE shall continue to have said
mowing obligations as described in Article 3 or may pay rent proratcd at the amount described in
Article 12, however, LESSEE shall not he liablc for any interest thereon as dcscribed in said
Article ]2. Such mowing or rent obligations shall cease when LESSEE vacates thc Demised
Premiscs,
LESSEE and LESSOR reserve thc right to terminate this Leasc, with cause, upon default
by the other party as described in Articlc 12 and in Article 13, after any cure or gracc pcriod
during the entirc tcrm of thi5 Lea~e, by providing the othcr party with thirty (30) days written
notice to the address sct forth in ARTICLE 14 of this Leasc. Upon termination of this Lease,
LESSEE will have ninety (90) days after tcrmination to makc arrangements to remove the
cxisting cattle, during which ninety (90) days thc cattle must rcmain.
All notices shall bc effective upon placement of thc notice in an official depository of the United
States Post Office, Rcgistered or Certificd Mail, Postagc Prepaid.
4. Article 3, Rent, ofthc Lease Agrcemcnt is hereby dclcted in its entircty and the following
provision is substitutcd in its place:
In lieu of rent for the Demiscd Premises, LESSEE, at its sole cost and cxpense, shall mow
the approximately 9 acrcs of open pasture adjacent to the lodge near Lake Trafford at a minimum
of six (6) mowing times per year, dcsignated by the LESSOR within the Demiscd Premises, and
a one point thr"e (1.3) mile-long hiking trail and a one point one (1. I) mile-long firebreak,
designated by the LESSOR, within thc Demised Premises at a minimum of two (2) mowing
tim"s per year.
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Agenda Item No. 16E1
January 12, 2010
Page 6 of9
5. Article 4, Renewal Tenn Rent, of the Lease Agrccment is hereby deleted in its entirety.
6. Arlicle ] I, Maintcnance, the following provision is added:
Any expense related to utilities used solelyhy The LESSEE shall be paid for by the LESSEE.
7. Article ] 2, 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, tern1S and conditions required of LESSEE, as
specified in Article 3 of this Lease, LESSEE shall pay LESSOR thc 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 pcrform the covcnants,
terms and conditions rcquired of LESSEE, as spceified in .Article 3 of this Lcase, the rent of Two
Thousand Two Hundred Ninety Three Dollars and No Cents (S~ ,293) per year shall be increascd
for each ensuing one (1) year renewal term by five (5) percent from the prcvious 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 lowcr, which
interest shall be paid by LESSEE to LESSOR.
8. Articlc 19, Quiet Enjoyment
Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on
perfOlming the covenants, tel111S and conditions required of LESSEE contained herein, shall
pcaceably and quietly have, hold and enjoy the Demised Prcmises and the leasehold cstate
granted to LESSEE by virtue ofthis Lease Agrecment.
9. Except as expressly provided herein, the Lease Agrecment remains in full force and effect
according to the terms and conditions contained therein, and said tenns and conditions are
applicable hereto except as expressly provided otherwise hcrein.
IN WITNESS VvlIEREOF, the LESSEE and LESSOR have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
DONNA FLA..LA, Chairman
Deputy Clerk
Agenda Item No. 16E1
January 12, 2010
Page 7 of 9
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Approved as to fonn and legal sufficicl1cy:
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Jcnnife1 B. White, Assistant County Attorney
AS TO LESSEE:
DATED:
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WITNESSES:
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LAKE TRAFFORD RANCH, LLLP,
a Florida limitcd liability limitcd partnership
(S ignaturc)
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(print Name)
BY:
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THOMAS M. TAYLOR, as General Partncr
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(Signature)
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(Print Name)
(Signature)
LAKE TRAFFORD RA:r\CH, LLLP,
a Florida limited liability limitcd partnership
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(Print Name)
BY:
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CHRISTOPHER L. ALLE:r\, as General Partner
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(Signatme)
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(Print Name)
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Agenda Item No. 16E1
January 12, 2010
Page 8 of 9
Exhibit "A"
(Legal Description of Demised Premises)
Property Tax Identification Numbcr: 00052360002
A parcel ofland lying ill the Southcast Quarter (SE'!,,) of thc Southwest Quartcr (SWY.) and the
West Half(WV,) of the Southwest Quarter (SW~f,) of the Southeast Quarter (SEY.) of Section 22,
TO\\71ship 46 South, Rarlge 28 East, Collier County, Florida, being morc particularly described as
follows:
Commence at the Southeast corncr of Section 22. Township 46 South, Range 28
East, Collicr County, flotida; thence run S 88'57'47" W, along thc south line of
the Southeast Quartcr (SE\/') of said Section 22 for a distancc of 1980.56 to thc
Point of Beginning of thc parcel of land hcrein dcscrihed; thence continue S
88057'47" W, along the south line of the Southcast Quarter (SE:/~) of said Section
22, for a distance of 660.19 feet to the South Quaner corner of said Section 22;
thcnce run S 88057'47" W along the south linc (,f the southwest quarter of said
Section 22, for a distance of 1321.80 feet; thence run N 00038'44" W for a
distance of 1342.51 feet; thencc run N 88059' I T' E, for a distance of 1324.63
teet; thence run N 88059'31" E, for a distancc of 660.24 feet; thence run S
00031 '22" E for a distance of I 342.58 fect 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, Rarlge 28 East, Collier County, Florida; contammg
643.59 acres more or lcss.
AND
Propcrty Tax Identification Numher: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collicr County, Florida; containing
706.33 acres more or less.
Agenda Item No. 16E1
January 12, 2010
Page 9 of 9
AND the 'Additional Acreage'
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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 dcscribed as follows:
The West Half (WY,) of Section 26, Township 46 South, Range 28 East, Collier
County, Florida, less the North 1452.35 feet thereof and less the Southeast Quarter
(SEV.) of the Southwest Quartcr (SW'/4) of said Section 26, and less that parcel of
land, as dcscribcd and recorded in Official Records Book 2585 at Page 2735
through 2737, owned by South Florida Water Managcment District with Tax
Folio Numbcr 00052640007; containing 185.91 acres, more or less.
AND
Property Tax Idcntification Number: 00052680009
The Southeast Quarter (SEY<) of the Southwest Quarter (SW'I.) of Section 26, Township 46
SOllth, Range 28 East, Collier County, Florida; containing 40.31; acres more or less.
AND
Property Tax Identification Numbcr: 00052440003
A parcel of land lying in the East Half (E~/2) of the East Half (Hi) of the Southwest Quarter
(SWV.) of the Southeast Quarter (SE!I.) of Section 22, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
Commence at the Southeast comer of Scction 22, Tov'l11ship 46 South, Range 28 East,
Collier County, Florida; thence mn S 88057'47" W, along the south line of the Southeast
Quarter (SEY<) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning
of the pareel ofland herein describcd; thence continue S 88057'47" W, along the south
line ofthe Southeast Quarter (SEY4) of said Scction 22, for a dishmce of330.09 feet;
thence run N 00031' 18" W for a distancc of 1342.51 feet; thence run N 88"58'31" E for
a distance of330.12 feet; thence run S 00031 '14" E, for a distance of 1342.44 feet to the
Point of Beginning; containing 10.17 acres;morc or less.
END Legal Description
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