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Backup Documents 04/23/2013 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII'� V D L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO •1• THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office JBW 4/22/13 2. BCC Office Board of County Commissioners /67/ A\.5 �3 3. Minutes and Records Clerk of Court's Office 7,,,, 4(25 B 4. Clerk's Finance, Robin Tooma* Clerk of Court's office �Y�� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Natali Betancur Phone Number 252-4059 Contact/ Department Agenda Date Item was 4/23/13 Agenda Item Number 16-D-6 Approved by the BCC Type of Document 2012/2013 Wet Slip Information Form Number of Original 1 Attached Documents Attached PO number or account - number if document is ,nA to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JBW 2. Does the'document need to be sent to another agency for additional signatures? If yes, JBW provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JBW signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JBW document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JBW signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JBW should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 4/23/13 and all changes made during the JBW meeting have been incorporated in the attached document. The County Attorney's ,« Office has reviewed the changes,if applicable 9. Initials of attorney verifying that the attached document is the version approved by t ( �s' BCC, all changes directed by the BCC have been made, and the document is ready r the Chairman's signature. *Clerk's Finance to forward Invoice and 2012/2013 Gross Income Reporting Form with Payment to FDEP—FDEP's address is on top of Invoice CDC) 1.0°31c.4 CcA9 o` 0 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16D . 61 DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315-3070 Bill To: COLLIER COUNTY, FLORIDA C/O RAYMOND CARTER INVOICE 3300 SANTA BARBARA BLVD. NAPLES, FL 34116 ** INVOICE / INSTRUMENT INFORMATION ** Invoice#: 68766 Instrument#: 110534215 Invoice Date: 03/15/2013 Expiration Date: 04/06/2013 Due Date: 04/14/2013 Extended Term Fee: NO Rate: BASE RATE Location: CAXAMBAS PARK ** IMPORTANT REMINDERS ** 0 O 71 If paying by mail, please return invoice with your payment to the a bove ddress. Online payment by check, credit card or debit card is available at http://www.fldepportal.com/aoIDav-invoices/. Late payments are subject to a 12% Interest fee pursuant to FAC 18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Net Square Rate Discount Extended *Amount Feet Term Fee ANNUAL LEASE FEE 021017 10,754 0.163077 N/A Y $1,753.73 2013/2014 Subtotal $1,753.73 Sales Tax(0.0%) $0.00 County Tax (0%) $0.00 Note: PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS Total $1,753.73 AND RETURN WITH YOUR REMITTANCE invoke n ki Balance Due $1,753.73 v l `\3 4eliCt Instrument/Lease 5 �" + Balance Due $1,753.73 ANNUAL LEASE FEE FORMULA = BASE FEE* - DISCOUNT+ EXTENDED TERM FEE *BASE FEE= Base Rate x Net Square Feet OR *BASE FEE= Minimum Rate DISCOUNT= Base Fee x Discount Percentage EXTENDED TERM FEE= Base Fee x Extended Term Fee Percentage For any questions concerning this Invoke,please call the Division of State Lands at(850)245-2720. Q 6 2012/2013 Wet Slip Information Form Lessee:ai l(la (eurybsi Instrument No: 1 1405 3`C 2-1 .3 I. INFORMATION ON WET SLIPS LOCATED ON STATE-OWNED LANDS 1. Number of Temporary Slips-Slips that are not rented and are used as fuel docking, launching or removing boats, restaurants, or store purchases. Z.These slips should be Non revenue generating slips. 2. Number of Transient Slips-Slips that are rented on a short term basis. O 3. Number of Public Slips-open to the public on a "first come,first served"basis. -Rental term shall be no longer than one year and with no automatic renewal rights or conditions. 4. Number of Slips Not Usable-Slips that are silted in or are in low water. 5. Number of Slips Sold,Subleased, Licensed,Assigned,etc. -Attach a copy of the document which represents the sale, sublease, license or assignment. The document should include the sublessee's name, unit number, the slip number, and the amount of the transaction. 6. Number of Private Slips, not rented to the public-Slips used for 0 personal mooring, Association common area, etc. `f; Total dumber of Slips orb Stat 0*i.ec#?i::andg,Add Ilnes 4 thong.-6 trt is your facility a Pier with Admission Fees? YES NO Circle One Boating has a tremendous economic impact on the State of Florida each year. In an effort to learn if boaters have an adequate number of slips around the state,we are requesting information on wet slips that are not within a state-owned submerged land lease. No income generated from these slips is to be reported. II. INFORMATION ON WET SLIPS LOCATED ON PRIVATELY-OWNED LAND 1. Number of Slips Sold,Subleased, Licensed,Assigned,etc: 2. Number of Public Slips -open to the public on a "first come,first served"basis. 0 3. Number of Private Slips, not rented to the public-Slips used for personal mooring,Association common area, etc. -,; • Total Number of Slips on Privately-Owned Lands,Add lines 1 through c,� 16064 2012/2013 GROSS INCOME REPORTING FORM Lessee:60[1(f( (al/n-17 ' Instrument#: 1 I 06 3`tZ J S Month Year Direct Income Indirect Income The beginning month is the All income received directly by Lessee from All income received by someone other than Anniversary month of your lease. transactions within the lease boundary.* the Lessee for transactions involving the use of state-owned submerged land within the Lessee's lease boundary. April 2012 $ d $ i;/ May 2012 $ 0 $ 0 June 2012 $ 0 $ July 2012 $ b $ August 2012 $ i) $ 0 r September 2012 $ D $ October 2012 $ 0 $ D November 2012 $ 0 $ 0 December 2012 $ 0 $ Q January 2013 $ 0 $ 0 February 2013 $ 0 $ March 2013 $ f:/ $ e TOTALS $ 0 $ 0 W;l-$645. must befi/lekoift eve*Inca►""��n io e *k LIP-47-147--;:t% "Enter Zero if slips are non-revenue generating or generated$0.00" *Income is defined in chapter 18-21.003,Florida Administrative Code,as the gross revenue derived directly or indirectly from the use of state-owned submerged lands such as slip rental,lease or sublease fees,dock or pier admission fees,dub membership,stock ownership or equity interest in activities where increased revenue is attributable to the use of the submerged land.However,gross revenue shall not include pass-through fees such as fees for utility services,sale of the facility or sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for the transfer of the interest in a slip originally obtained from the Board's lessee,Including transfer of slip rights by slip sublessee's,slip"sellers",slip interest transfers,new club memberships,and other similar transactions. PLEASE ATTACH A LIST OF ANY SUP TRANSFERS AS DEFINED ABOVE INCLUDING THE SLIP NUMBER, AMOUNT OF INCOME RECEIVED,SUBLESSEE'S NAME AND UNIT NUMBER,IF APPLICABLE. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS/BUREAU OF PUBLIC LAND ADMINISTRATION 3900 COMMONWEALTH BOULEVARD, MS#130 TALLAHASSEE, FLORIDA 32399-3000 (850)245-2720 G ..- 1 _- CERTIFICATION 0 6 Instrument No. I (OS 34 Z( S Lessee Name: C?l ( tom W U ft Billing Address tSoo0 L-AV ItI `� i GT R City/State/Zip 1\1 Qf)I/'f, 1L ?3. 1 a' Telephone: (Z1 ) 6660. It Z 5 (Please provide area code) Facility Address: ' v 1 Col l(se &2W14. City/County/Zip: littAf G0 I m A 1 -FL-. 3H (P I, being first duly sworn, hereby certify under penalty of perjury that the following statements are true: (1)To the best of my knowledge and belief,the information contained on the Wetslip Information Form and the Gross Income Reporting Form is true and correct; (2) I have read and understand the terms and conditions of the sovereignty submerged lands lease,and the facility Is In full compliance with all the terms and conditions of the sovereignty submerged lands lease; (3)I am authorized to execute this certification on behalf of the lessee;and(4)I am aware that any intentional false statement herein will be grounds for cancellation of the sovereignty submerged lands lease. I . ' .' ature of Lessee G . a- - A . .... E. • -rinted Name of Signature t C..\/1Q.,C WaY e•-3 Title P.,pr , \ < � 1 . 0I3 - 1epr0red 6,3 BCC_ Date STATE OF Flor%c1R COUNTY OF Cb\\x .v- Sworn to or affirmed and subscribed before me the 2S-fir . day of v--\.\ 20 1'3 , by Gco•••=\■a \.\\G.Y' • Personally Known 1r OR Produced Identification (SEAL) Type of identificaiton produc,,¢ �,.,ems,�lA,� �' AP Pie, Notary Public State of Florida r^� Virginia A Neet Notary Signatur�er "' ' _ , __ �Ji, �� My Commiaaion D0898025 '. . - ?a a Expires OB/23I2013 Commission epireiv - (//c,23//2 ATTEST: . ' {, c *a Approv as to Term & legal *uT cIMCy D H7 E..jj' ' '.0.8rk • ............_4p±.22a.. .6A.a........_ .r,,,i( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office C)..ej S 1\- \\ i3 4. BCC Office Board of County G1,1 �Y Commissioners 4/ c,\2.6\k3 5. Minutes and Records Clerk of Court's Office 1:3[Y\ X5 1•,/���2 �;f5Pm PRIMARY CONTACT INFORMATION 1 Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Natali Betancur `"?a,,..-mss d-N\{c.r .. Phone Number 239-252-4059 Contact/ Department Agenda Date Item was 04/23/2013 j Agenda Item Number 16D6 / V Approved by the BCC Type of Document Lease Renewal Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded IN.---P1 v%S.e. Ccr-kc�_._� . ��' .-,-\.'`. m._7'\_.v' ''''''' '\:"1"' ".. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) ,Applicable) 1. Does the document require the chairman's original signature? NB ✓ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. / S><-S.- �T E. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be NB ✓ signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the Ii" 1\1114} 110 document or the final negotiated contract date whichever is applicable. / Co�a 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NB ✓ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 41a3)l3and all changes made during NB ✓ N/Aids nat. the meeting have been incorporated in the attached document. The County an option or Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the NB 1/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 5,s1..?,\ , !=.R !e_ Chairman's signature. ©,,,C0.' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 -r..,aA� C �e pp ems- A- tikAadj abMV4,- 16 (16 MEMORANDUM Date: August 27, 2013 To: Natali Betancur Parks and Rec. Department From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Lease Renewal — Caxambas Pass Attached for your records is an original of the document referenced above, (Item #16D6) adopted by the Board of County Commissioners on Tuesday, April 23, 2013. Please forward on for additional signatures and return a copy to the Minutes and Records Department to be kept in the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1b06 County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. As detailed in the Executive Summary 4) Recommendation to authorize execution of a Congestion Management System/Intelligent Transportation Stakeholders (CMS/ITS) grant award in the amount of$336,872 for construction of additional bus shelters. For design, purchase and construction of up to twelve (12) shelters and to install amenities including bike racks and benches 5) Recommendation to adopt by Resolution, the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal Years 2013/2014, 2014/2015 and 2015/2016, sign associated documents, and authorize submission to Florida Housing Finance Corporation and approve the associated interlocal agreement with the City of Naples. Resolution 2013-94 6) Recommendation to authorize payment of a $1,753.71 Invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park and approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to Florida Department of Environmental Protection. For annual lease fees and a subsequent lease renewal 7) Recommendation to authorize improvements sought by Naples Zoo to refurbish the Coyote Cage and for the addition of the South African Lion Addition in accordance with the current lease agreement between the Board of County Commissioners and the Zoo. To improve safety and care given to the zoo's lions and coyotes With Changes to the Executive Summary (Per Agenda Change Sheet) 8) Recommendation to approve two (2) standard Collier County Parks and Recreation facility rental agreements to be used as form agreements and authorize the County Manager or his designee to enter into these agreements. Page 16 April 23,2013 1606 BetancurNatali From: Cummings, Karri[Karri.Cummings @dep.state.fl.us] Sent: Tuesday,August 13,2013 10:06 AM To: BetancurNatali Subject: FW: Submerged Lands Lease Renewal for Execution for Collier County, BOT#110534215 Attachments: 110534215 Lease for Signature.pdf Importance: High Hi Natalie, I'm forwarding to you the lease for execution. The signature on the lease already is just that of our attorney,who is signing that he has approved the form. He is not party to the agreement,which is between the Lessor and Lessee, so his original signature is not needed. Your notary will be only acknowledging Ms. Hiller's signature. Once we receive that original back, our notary will acknowledge an original DEP signature. This will still be a recordable lease. Please let me know should you have any questions. Thank you! Karri Please take a few minutes to share your comments on the service you received from the department by clicking on this link DEP Customer Survey. From: Cummings, Karri Sent: Tuesday, July 30, 2013 11:01 AM To: 'georgiahiller @colliergov.net' Subject: Submerged Lands Lease Renewal for Execution for Collier County, BOT# 110534215 Importance: High Good morning! Please find Sovereignty Submerged Lands Lease# 110534215 attached. This requires your notarized signature(two witnesses are also required to sign). Please print it out on legal sized paper. Once executed,please return to DEP at the address below. Thank you for your assistance in this matter and please let me know if you should have any questions! Government Operations Consultant I Department of Environmental Protection 3900 Commonwealth Blvd. MS125 Tallahassee,FL 32399 850-245-2567 Ext.54567 1 1606 This Instrument Prepared By: Karri M.Cummings Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BOT FILE NO. 110534215 PA NO. THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Collier County.Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 2Q, Township 52 South,Range 26 East,in Caxambas Pass, Collier County,containing 10354 square feet, more or less,as is more particularly described and shown on Attachment A,dated January 7.2008. TO HAVE THE USE OF the hereinabove described premises from April 6.2013,the effective date of this lease renewal,through April 6.2018,the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 11-slip public docking facility (includes 1 slip for emergency fire and rescue vessel),a concrete boat ramp,and fixed shore parallel fishing pier to be used exclusively for launching and temporary mooring of recreational vessels and a Coast Guard auxiliary vessel in conjunction with an upland county park with concessions and bait shop business, fueling facilities,with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health,whichever agency has jurisdiction,and without liveaboards as defined in paragraph 26 as shown and conditioned in Attachment A,and the State of Florida Department of Environmental Protection Noticed General Permit No. 11-0191321-001, dated March 22,2002.and Consolidated Environmental Resource Permit No. 11-0191321-003,dated May 16,2008, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of$1.753.73 plus sales tax pursuant to Section 212.031,Florida Statutes,if applicable,within 30 days of the date of receipt of the invoice.The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21.011,Florida Administrative Code. The State of Florida Department of Environmental Protection,Division of State Lands(the"Division")will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division as agent for the Lessor. [02] 1606 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2)above,including the income,as defined in subsection 18-21.003(31),Florida Administrative Code,derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent(6%)of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011,Florida Administrative Code,for any lease year during the term of this lease,the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B)The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party,the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who,upon receipt,shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder.(C)The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor. 4.LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date.This assessment shall be computed at the rate of twelve percent(12%)per annum,calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease renewal,the Lessor is hereby specifically authorized and empowered to examine,for the term of this lease renewal including any extensions thereto plus three(3)additional years,at all reasonable hours,the books,records,contracts,and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two(2)above. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i)gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure,maintain and keep all records for the entire term of this lease renewal plus three(3)additional years. This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection Environmental Resource Permit. The Lessee shall not(i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential,from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships,from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats,from loading/offloading commercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit,if applicable,the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if applicable,and, if applicable,the removal of any structures which may no longer qualify for authorization under the modified lease. 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land, or the use thereof,may be purchased,sold,or re-sold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease renewal,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3Xb),Florida Administrative Code,in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease,this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease,the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease,if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. Page of 1.Pages Sovereignty Submerged Lands Lease No. 110534215 1606 10. ASSIGNMENT OF LEASE RENEWAL: This lease renewal shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended from time to time,or any other law providing limitations on claims. 12.NOTICES/COMPLIANCE/TERMINATION:The Lessee binds itself,its successors and assigns,to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth,and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address: Collier County,Florida 3299 Tamiami Trail East,Suite 303 Naples,Florida 34112 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten(10)days before the change is effective.• 13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease renewal. 14. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 16. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race,color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased area. During the lease term,the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements,and,in the event that said placard becomes illegible at any time during the term of this lease renewal(including any extensions thereof),to notify the Lessor in writing,so that a replacement may be provided. 17. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder shall cease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No. 110534215 1606 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUC"TURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal,such structures and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available to the Lessor under applicable laws,rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 21. REMOVAL COSTS/L1EN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease,any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this lease renewal agreement at the option of the Lessor. 23. AMENDMENTS/MODIFICATIONS:This lease renewal is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease renewal must be in writing,must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment.Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. 24. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures,fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this agreement. 25.COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 26.LIVEABOARDS: The term"liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five(5)consecutive days or a total of ten(10)days within a thirty(30)day period. If liveaboards are authorized by paragraph one(1)of this lease,in no event shall such"liveaboard"status exceed six(6)months within any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No. 110534215 1606 27.GAMBLING VESSELS: During the term of this lease and any renewals,extensions,modifications or assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 28. FINANCIAL CAPABILITY: To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease,the Lessee certifies to the Lessor as follows:(i)the Lessee is not the subject of a pending bankruptcy proceeding;(ii)the Lessee has no unsatisfied judgments entered against it; (iii)the Lessee has satisfied all state and local taxes for which it is responsible;and(iv)no other matters are pending or threatened against or affecting the Lessee or the Lessee's interest in the riparian upland property that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease.Any breach of this lease condition shall constitute a default under this lease. 29. SPECIAL LEASE CONDITIONS: A. Within 30 days after the completion of construction of the docking facility,Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and shall be required to replace the signs in the event they become faded,damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures.The number,type,and procedure for installation of these signs shall be in accordance with the handout,"Manatee Educational Signs,"which can be obtained from the Florida Fish and Wildlife Conservation Commission,Imperiled Species Management Section,620 S.Meridian Street—6A, Tallahassee,Florida 32399-1600(Phone 850/922-4330). B. Any vessel moored at the docking facility,on either a temporary or permanent basis,shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors,bow pulpits,and swim platforms. C. The Lessee shall prohibit mooring,on either a temporary or permanent basis,to the waterward face of the fishing pier along the east shoreline of the site. To ensure compliance,the Lessee shall place and maintain,during the term of this lease and any other subsequent renewal periods:(1)a guard and intermediate rail(s)consistent with the state or local building code(s)or a 4-foot high railing and 2-foot high intermediate railing along the easterly and southerly waterward boundaries of the structure;and(2)signs advising boaters that mooring at the above described locations,on either a temporary or permanent basis,is prohibited. D. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 and 328, Florida Statutes,or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. Page j of 13 Pages Sovereignty Submerged Lands Lease No. 110534215 16D6 WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C.McCall,Chief,Bureau of Public Land Administration, Division of State Lands,State of Florida Department of Environmental Protection,as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20 by Cheryl C. McCall, ChieL Bureau of Public Land Administration. Division of State Lands. State of Florida Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APP' •V • . Jr CT-O ROPER EXECUTION: �.1 (�3 Notary Public,State of Florida DEP Attorney ate Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. WITNESSES: Collier Co +.Flo d,' (SEAL) By its Bo: • of Co • • ioners BY: Original Signature Original Si? :1 e of Executing Authority Georgia A.Hiller Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Chairwoman Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 b y Georgia A.Hiller as Chairwoman,for and on behalf of the Board of County Commissioners of Collier County.Florida. She is � personally known to me or who has produced ,as identification. My Commission Expires: Signature of Notary Public Notary Public,State of Commission/Serial No. Printed,Typed or Stamped Name Page 6 of 13 Pages Sovereignty Submerged Lar}¢'Lease No. 110534215 Approved as to form and legality ATTEST: _` D HT E: lc,dark ���... Q ee e Assistant County Attdrney Attest alto hainnan's JAN(. £_ � . Q� L?�DSp- signature only. 909 Collier Court,Marco Island,FL-Google Maps ltttps://maps.google comma 7f &source &1►_ Ps `tl _q geoc6.1)&0 CI O* dg e Address 909 Collier Ct Marco Island, FL 34145 Balrie rcRa6e o R 4 * w°, �a+ y ,p w, ; 9, Ember 6 Valley Ave ` , Mendel nve r 1A►rnas° Forest Get knoe t ,.,;...-- tip.. b :. € "`�+mo t,` , ,r>" p `�,� 9 4, b ti' N.,` a Cerwrnbss f rk y Park Marina `? •: '• Gone Fishin' c '" � °t, Swallow q�n word - Charters C1ar! 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GI 1 1. 1 ° 0 0 CAXAMBAS PASS N N 1 0;47; 0'1 2z v ri Z1) • wQ`N^ O` :..•••Ue + 'iM N NuN 2 _},'N to AQb' m R u„72_x p a g1 '^ It X rn ug-z Q > °° in p TV m • ■ 000 5 N w5- Y 1 tl 1 v 'n �j n x Pi 'k '� =fig og ;Qppg Q Q v 022yy c0 .p o, O Z y -J N u q 54 � 4 i g vy ? E Eros g �� " 8 n Ssa` ;� ` � 8°NgR CI 2 y _ „ �2. $ v Q o a � ?F u4z 0 . n a'vd t'-$ :� _ s ix 7 hnPC m � is c2 el 4 m •t II i� O -n '? — r` T °' roo — •80 I>z I i o m� ro � F v w V N %� � 4 s $ a) N., t$ y C II C/1 Q e s `I C>ao P t" ..< 8 •m - N 8 I I Attachment A Page 11 of 13 Pages SSLL No. 110534215 U U t1 j J ( ( 5 X83 ND" ' PH 4 2 i nis macrumum prepared by: D •i. WIlL1AM f. L' ..,^TpN, Esq. COWa COUNTY 3250 S. W. Avenue '17.-<:--'' �. REt.�,,-ZTY DEED • I•Alamt FI d F39 .1p1 =, Manila 3 fir,. .. ;4,, w$ at..: 1 i.N n ( • THIS INDENTURE, made this 25 day of October, 1983, c1 �* A.D., between THE DELTONA CORPORATION, a Delaware corporation, �'• * lawfully authorized to transact business in the State of Florida, o ° « '-.2, • D7 c� .:.�: `• party of the first part, and COLLIER COUNTY, a political to — .,,Pi nx subdivision of the State of Florida, whose mailing ddress is o ' F-. 9 7C Ct5 '� � ''," .;z �. ,rte• Collier County Courthouse, Naples, Florida, 33942, the party of %.-<'' the second part. W?;` s. W I T N E S SETH ; z • 'f' That the , I � party of the first part, for and in consideration o \, "• of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE Y;.' to. . :' CONSIDERATION, to it in hand paid by the said party of the second v. ,+- part, the receipt whereof, is hereby acknowledged, has granted, tier;='= l 5 ., .�� bargained and sold to the said Z:!.. party of the second part, its ~ . • succest..,cs and assigns forever, the following described land situate, lying and being in the County of Collier and State of 4°4' Florida, to-wit: : ' ,M °<o THAT PART OF: .. k a k TRACT `8" OF MARCO BEACH UNIT TEN, according ,e., • to the plat thereof, as recorded in Plat Book ` ' ` "` x <•y: ''• 6, Pages 74 through 79 inclusive of the Public llf'Z'k:; 3,. Records of Collier County, Florida and being .,,,^+ more particularly described as follows: ■►;N' ;; •. parcel of B^GIN the Southwest corner of said Tract "B" r for the POINT OF BEGINNING of the �r' ;,,• x• land hereinafter described; said point being "` on the Easterly right-of-way line of Collier ',. Court, as shown on said plat of Marco Beach " "s. i Unit Ten; run thence N17°38'34"E along said ;ve,. Easterly right-of-way line for a distance ofQC' 326.58 feet; thence leaving said Easterly ';' t right-of-way line, S72°21'26"E for a distance � � of 704.21 feet to a04r:,'37,,,,." point on the Easterly ;,' ? 4N`1, boundary of said Tract "8"; thence S12°25'00"W along said Easterly boundary for a distance of 102.58 feet to the Southeast corner thereof; �. m ''? i :� thence run the following courses along the t� ' g :1*.'1,.. ,)'.4!., Southerly boundary of said Tract "B", West for �V.:. a distance of 269.00 feet; then S65°22'17"W i for a distance of 212.44 feet; thence ">``" `' 'V :;;:• N72*21'25"W for a distance of 300.00 feet to ?' �'` ` the Point of Beginning. q: Containing 4.00 acres, more or less. �'~ This deed ie executed subject to the following terms and e . conditions. ' 1. Ad valorem taxes and all assessments, if any, for the r ' . year of 1983. ~ 2. Existing zoning and all easements, restrictions and reservations of record. ' , ,.); JAN r.r: te ,. 1).E.P. . ..:.x: istrict Attachment B Page 12 of 13 Pages SSLL No. 110534215 • K :'`R y?: 3. It is a cor.. .tion of this conveyance that the e, eerty :'c; .. herein described be used only as a boat launching area 1 4 to provide public access to adjacent navigable waters. CD — In the event the party of the second, it successors or 73 g''::'''.1).- assigns fail to use the property herein described a 03 — ';',,.:- `':"'1 boat launching area, then in that event, the party of o ° :, .; , the first part may at anytime during the next twenty X c ''- (20) years, re-enter and retake the property herein • •• `;;.• ;_ described. ,;: 1,C.., ":%.? And the said party of the first part, does hereby fully warrant the title to said land, and will defend the same against '.��` -i;; the lawful claims of all persons whomsoever. ;�� IN WITNESS WHEREOF, the said party of the first part has �';'r; caused these presents to be signed in its name by its authorized officers and its corporate seal to be affixed the and year above Er_:,. written.pit. ,::r " r. Ct1 Signed, sealed and delivered in THE DELTONA CORPORAYWEy:�S. "'' C7 .r•- : • the presence of: �� = a, m :r . • :c.:. ry• • ran '• . .s. F. ,' :. HACKLE, I I .`y Presiders ��b��`° • ;~ 4 :=1-....• i/c.-1.01,Y10.44.---- t�''� •'' ATTEST: -/���i'' '-- . A: R. '4:IS .'1• Corporate Secretary 17. '-, STATE OF FLORIDA ) : ;•k t ) -:� COUNTY OF DADE ) 4 I HEREBY CERTIFY, that on this 2 - day of October, 1983 before me personally appeared FRANK B. HACKLE, III and MICHELLE R. GARBIS, President and Corporate Secretary respectively, of THE -.... DELTONA CORPORATION, a corporation under the laws of the State fo :' ' .. ::•t Delaware, authorized to transact business in the State of . %.,, Florida, to me known to be the persons who signed the foregoing instrument as such officers had Acknowledged the execution t'i '' •: thereof to be their free acts and deeds as such officers for the 1' uses and purposes therein mentioned and that they affixed thereto .;:A....12 . the official seal of said corporation, and that said instrument is the act and deed of said corporation. ' :, r `1 WITNESS my hand and official seal at Miami, in the County 9f I : ' Dade and State of Florida, the day and sear last aforesaid. 'id =, ,?,r.,,t No Pub c, Eta , .� .,,fib. - A:4' Florida,gat Jar 1:1.1:.'. l +.1 .. Hy Commission Expires: 'e.a s _ . + NOTARY PUBLIC STATE OF FLORIDA AT LARGE ?.•d� ��� _• jJ " PAY aCIAMISSION EXPIRES AUG IS 1981 •;•', .44.:.''• .U..k 2. �. SOW ma,GEN:iAI INS.UNDERWRITERS jyz ;"" '...-• f. Received$ �'t'•' .:yzi''' Documentary Stamp Tax '1`"~ '' '" - Collier County,Florida :, '" .: VED •• ' j!' "' William J. Reagan,Clerk !AK!-. : 2002 • '. .3.E.r. ,r 'tE r District stra---,7 ... • Attachment B Page 13 of 13 Pages SSLL No. 110534215