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Backup Documents 01/11/2011 Item #16E 316E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Anach to original dot u!ncn'. (kigiiJ c 0CM17' ntC should b e hand deIitCrcd to the bo ud Ofttce_ The completed routing slip and or ri��iiial dog umoitl .0 c to he inreaidrd to the E3o,u.11 ?ilicc onlN alter the l3<.0 ' has tal cn action on the item.i ROUTING SLIP Complete routing lines #1 through #4 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 #I through #4, complete the checklist, and forward to sue r usuu tiwc Route to Addressee(s) List in routing order) 1. Office - Initials Date 2. appropriate. (Initial) Applicable) 3. January 11, 2011 Agenda Item Number (/_ v6 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Ian Mitchell, Executive Manager Board of County Commissioners Number of Original Documents Attached i I14 f' PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending I3CC approval. Normally the primary contact is the person who created/prepamd the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Melissa Hennig Phone Number 252 -2957 Contact appropriate. (Initial) Applicable) Agenda Date Item was January 11, 2011 Agenda Item Number (/_ v6 A roved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Lease Agreement Number of Original Documents Attached 4 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from 1NQTU1rfT1nNC & CHFCKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC V, Chairman and Clerk to the Board and possibl State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04 16E 3 MEMORANDUM Date: January 14, 2011 To: Melissa Hennig, Environmental Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Lease Agreement between Board of County Commissioners and Florida Fish and Wildlife Conservation Commission FWC Contract #10257 and #10258 Attached find one (1) original Lease Agreement, and one (1) copy of both contracts referenced above (Item #16E3) and approved by the Board of County Commissioners on January 11, 2011. One of each of the original Lease Agreements for both contracts referenced above is being kept by the Minutes & Records Department as a part of the Board's Official Records. If you have any questions please call me at 252 -7240. Thank you. Attachment 16E 3 FWC Contract No. Z!g c6_7 LEASE AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o /b /o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS LEASE AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399 -1600, hereafter "LESSEE," and Collier County whose address is 3301 Tamiami Trail, East, Naples, FL 34112, is hereafter "LESSOR." NOW THEREFORE, the LESSEE and the LESSOR, for the considerations hereafter set forth, agree as follows: 1. TERM: This Agreement shall begin January 14, 2011, and shall remain in effect for three days as outlined in Exhibit A — Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly described in Exhibit B attached hereto (the "Premises "). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations upon the establishment of and the uses of the lands listed above for the express purpose of providing a Commission - sponsored activity as described in Exhibit A — Youth Hunting Program of Florida Youth Hunt Announcement Form — by the LESSEE to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The LESSEE shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission - sponsored youth hunting activity as described in Exhibit A shall be for the management of wildlife and /or aquatic life as outlined in Exhibit A, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non - consumptive uses of wildlife by the public. The use of the Premises for a youth hunt, except as herein provided, shall not be inconsistent nor interfere with the LESSOR's uses of the land other than the restriction of hunting be limited to the number of pre- determined youth hunters as outlined in Exhibit A. The LESSOR shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the LESSEE. LESSEE agrees to notify LESSOR in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in Exhibit A. 5. ACCESS: Subject to the terms and conditions of this Agreement, the LESSEE shall have free and full access to the Premises during the term for the purpose of administering youth training programs, and the LESSOR shall take reasonable steps to provide such free and full access by the LESSEE; provided, however, the LESSOR shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. Page 1 of 4 16E 3 FWC Contract No. lads% 6 STRUCTURES: The LESSEE shall obtain prior approval from the LESSOR before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LESSOR. 7. GENERAL MAINTENANCE: The LESSEE shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission - sponsored youth hunt. Further, except as approved in writing by the LESSOR, the LESSEE shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the LESSEE shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the LESSEE may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LESSOR providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LESSOR. 9. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LESSOR Board of County Commissioners of Collier County 3301 Tamiami Trail, East Naples, FL 34112 LESSEE Diane Eggeman Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399 -1600 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the LESSEE for refusal by the LESSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR in conjunction with this Agreement. Page 2 of 4 16E 3 FWC Contract No. DAcJ % 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON - DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. This Space Intentionally Left Blank Page 3 of 4 16t 3 FWC Contract No. Mot 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Witness Florida Fish and Wildlife Conservation Commission Diane R. Eggeman, Dire to Division of Hunting and Game Management The foregoing instrument was acknowledged before me this L+ day of � P_Cern6e r 2010 by Diane R. Eggeman who is personally known to me as the Director of the Division of Hunting and Game Management of the Florida Fish and Wildlife Conservation Fish Commission. °a: %i+;• SUSAN WILKES Commission DD 887088 Y ` q Expires June 19, 2011 I •aR „' „R°•`• BonMEfi Tmy Fain lmurnm MQ 57019 My Commission Expires Notary Public LESSOR r i Witness Name: ReA VIJ COY 146- Title: C,Ilier” Cd���y om 4 0-6 �ou.v�� �rv�551oytP�l Witness The foregoing instrument was acknowledged before me this day of , 2010 by (Name) who is personally known /not known to me, Identification Number My Commission Expires Notary Public AT'EST: Wo(Oved, as 0 for•. ere E::d CWT E B OCK,Ck -RK �l� Page4of4 7 w Att l Cl s.� Assistant ec, m W 11 a 1 �lriattme o�, 16E 3 PIING FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION F Hunter Safety and Public Shooting Ranges Section u Youth Hunting Program of Florida LI YOUTH HUNT ANNOUNCEMENT FORM (Attachment A) DETAILS OF YOUTH HUNT Name of Ranch /hunting ( lub: Collier County Pepper Ranch Preserve Location of Youth I Iunt (Nearby Cit)/ l own and County): Immokalee /Collier County tare of Youth I lunC January 14 -16, 2011 Landowner Contact Information (Name_ Addres, Street) Melissa Lynn Henning, 3301 Tamiami Trail, Naples Wayne Jenkins i Itunnnaster Phone (please include area codes )jj (239) 455 -8109 Evening (239) 455 -8109 Hunt Information Type of Hunt (deer, varmint. hogs. HOG I incr °ncy Phone 0ii,me Youtn Hunt: (239) 252 -8380 Slate Z1p FL 34112 Ccii (239) 580 -8094 NumbercZ, uth hunters: 10 - *Participation is limited to full -time and part -time residents of Collier County unless hunt is not full - ,umber (A Nouth hunta, landowner till wpph: Will nunicrs be s..n t ' _ I 10 - `COLLIER COUNTY ) OUTH ONL I ° Yes -_ ou need equipment and /or supplies from =zs e Office? ❑Yes � No If yes, please describe: Will you need food or help making food arrangements? ❑ Yes X No 1 Ilummaster is responsible for all food arrangements_ Are there cooking facilities available? NYes F7 No If yes, please describe_ Stove, oven, and refrigerator but no rennin, water or sews Additional comments: County owned property — volunteers provided by County Contact: Melissa H. melissahenm colliery ov net (239) 252 -2957 * per Collier County's request Youth I lunting Program of Florida c/o Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Fl, 32399 -1600 (850) 4131-0084 (850) 413 -7989 (fax) MyF W C.com Attachment A - Page 2 of 3 16C 3 Pepper Ranch Preserve Legal Description 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' /4) of the Southeast Quarter (SE' /4) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South Range 28 East, Collier County, Florida, thence run S 88 057'47" W. along the south line of the Southeast Quarter (SE' /4) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of Sand herein described; thence continue S 88 057`47" W, along the south line of the Southeast Quarter (SE' /4) of said Section 22, for a distance of 330.09 feet, thence run N 00 °31'18" 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: 00052440003 A parcel of land lying in the Southeast Quarter (SE' /4) of the Southwest Quarter (SW' /4) and the West Half (W' /2) of the Southwest Quarter (SW' /4) of the Southeast Quarter (SE' /4) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South Range 28 East, Collier County, Florida, thence run S 88 057'47" W', along the south line of the Southeast Quarter (SE' /4) of said Section 22 for a distance of 1980.56 to the Point of Beginning of the parcel of land herein described, thence continue S 88 057'47" W, along the south line of the Southeast Quarter (SE' /4) of said Section 22, for a distance of 660 19 feet to the South Quarter corner of said Section 22, thence run S 88 °57'47" 1A, along the south line of the southwest quarter of said Section 22, for a distance of 1321 80 feet, thence run N 00 °38'44" W for a distance of 1342.51 feet; thence run N 88 059'17" E, for a distance of 1324.63 feet thence run N 88 059'31" E, for a distance of 660.24 feet; thence rur? S 00 °31'22" E for a distance of 1342.58 feet to the Point of Beginning, containing 61.13 acres, more or less. 16E 3 AND Property Tax Identification Number 00052680009 The Southeast Quarter (SE %) of the Southwest Quarter (SW' / <) of Section 26 Township 46 South, Range 28 East, Collier County, Florida, containing 40 38 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: 00053920001 The Northwest Quarter (NW' /4) of the Northeast Quarter (NE' /4) of the Northwest Quarter (NW' /4) of Section 35, Township 46 South, Range 28 East, Collier County, Florida, containing 10.09 acres more or less. AND Property Tax Identification Number: 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows The West Half (W' /z) of Section 26, Township 46 South, Range 28 East, Collier County, Florida, less the North 1452.35 feet thereof and less the Southeast Quarter (SE' /4) of the Southwest Quarter (SW' /4) of said Sector. 26, and less that parcel of land, as described and recorded ir. Cfficia, Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 0005264000? containing 185.91 acres, more or less. /_1►1111 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. 16E 3 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. AND Property Tax Identification Numbers: 00053840000 & 00054040003 The East Half (El/2) of the East Half (E' /2) of the Northwest Quarter (NW' /a), and the Northeast Quarter (NE' /4), less the East 30 feet and the Northerly 30 feet for public road right -of -way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35, Township 46 South, Range 28 East, Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE' /4) described i^ Deed recorded in Official Records Book 1834, Page 216; also less the reap prole erty described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in Official Records Book 280, Page 480, and in Official Records Book 282, Page 283, and in Official Records Book 289, Page 910, all of the Public Records of Collier County, Florida, AND The Southwest Quarter (SW' /4) of the Northwest Quarter (NW' /4), and the West Half (WY2) of the Southeast Quarter (SE' /4) of the Northwest Quarter (NW/4), and the Southwest Quarter (SW' /4) of the Northeast Quarter (NE' /4) of the Northwest Quarter (NW' /4), and the South Half (S' /s) of the Northwest Quarter (NW' /4) of the Northwest Quarter (NW' /); and the Northwest Quarter (NW' /4) of the Northwest Quarter (NVJ'X,) of the Northwest Quarter (NW %)-, and the West Half (W' /2) of the Northeast Quarter NE' /4) of the Northwest Quarter (NW'/4) of the Northwest Quarter (NW' /4) of Section 35, Township 46 South, Range 28 East, Collier County, Florida, containing 208.83 acres, more or less. The aforementioned parcels equates to 2,511.90 acres, more or less. 1 F � FWC Contract No. LEASE AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o /b /o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS LEASE AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399 -1600, hereafter "LESSEE," and Collier County whose address is 3301 Tamiami Trail, East, Naples, FL 34112, is hereafter "LESSOR." NOW THEREFORE, the LESSEE and the LESSOR, for the considerations hereafter set forth, agree as follows: 1. TERM: This Agreement shall begin February 25, 2011, and shall remain in effect for three days as outlined in Exhibit A — Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly described in Exhibit B attached hereto (the "Premises "). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations upon the establishment of and the uses of the lands listed above for the express purpose of providing a Commission - sponsored activity as described in Exhibit A — Youth Hunting Program of Florida Youth Hunt Announcement Form — by the LESSEE to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The LESSEE shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission - sponsored youth hunting activity as described in Exhibit A shall be for the management of wildlife and /or aquatic life as outlined in Exhibit A, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non - consumptive uses of wildlife by the public. The use of the Premises for a youth hunt, except as herein provided, shall not be inconsistent nor interfere with the LESSOR's uses of the land other than the restriction of hunting be limited to the number of pre- determined youth hunters as outlined in Exhibit A. The LESSOR shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the LESSEE. LESSEE agrees to notify LESSOR in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in Exhibit A. 5. ACCESS: Subject to the terms and conditions of this Agreement, the LESSEE shall have free and full access to the Premises during the term for the purpose of administering youth training programs, and the LESSOR shall take reasonable steps to provide such free and full access by the LESSEE; provided, however, the LESSOR shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. Page 1 of 4 � FWC Contract No. loas ]�6 E 6 STRUCTURES: The LESSEE shall obtain prior approval from the LESSOR before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LESSOR. 7. GENERAL MAINTENANCE: The LESSEE shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission - sponsored youth hunt. Further, except as approved in writing by the LESSOR, the LESSEE shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the LESSEE shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the LESSEE may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LESSOR providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LESSOR. 9. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LESSOR LESSEE Board of County Commissioners Diane Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3301 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399 -1600 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the LESSEE for refusal by the LESSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR in conjunction with this Agreement. Page 2 of 4 FWC Contract No. eroaJS 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON - DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. This Space Intentionally Left Blank Page 3 of 4 16E 3 FWC Contract No IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Witness Florida Fish and Wildlife Conservation Commission Diane R. Eggeman, Director Division of Hunting and Game Management The foregoing instrument was acknowledged before me this (.O* day of December 2010 by Diane R. Eggeman who is personally known to me as the Director of the Division of Hunting and Game Management of the Florida Fish and Wildlife Conservation Fish Comm ssion. 2' SUSAN WILKES .: .: Commission DD 687088 �•' Expires June 19, 2011 •'%;P,f^'d'� �aaamNTMrrirew.�eroaesrms 'S My Commission Expires Notary Public LESSOR Witness Name: rf-M w Title: Cb mex (a Co ml' Witness The foregoing instrument was acknowledged before me this , 2010 by (Name) who is personally known /not known to me, Identification Number My Commission Expires Aaai Sufficiencgy Notary Public Page 4 of 4 Y „Irj r day of :ST. 6HT E. BROCK.CLI✓RK MCI* !f !+s MY" 4f�11�t11r'f 011 t � III 16E 3 1(QklfiH NllItTNG FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION w� rzn Fe Hunter Safety and Public Shooting Ranges Section Youth Hunting Program of Florida YOUTH HUNT ANNOUNCEMENT FORM (Attachment A) -- DETAILS OF YOUTH HUNT Name of Ranch /1nung Club Dale of Youth Hunt ency Phony r Ur ung 1 > nh Hunt lu Collier County Pepper Ranch Preserve February 25 -27, 2011 (239) 252 -8380 L06dnon of Youth Hum (NcalbA C it%A(oxo and County]: Immokalee /Collier County Lmidotsucr Conlacl Infornranon (Name, Addres. Sheep Jmtc /_p Melissa Lynn Henning, 3301 Tamiami Trail, Naples FL 34112 _H lIn1mA,I Cr(d )_ Wayne Jenkins Huntmaster I'hone (please include area codc�l -- ... (239) 455 -8109 C:ve,nmg(239) 455 -8109 C cll (239) 580-8094 Hunt Information Type of Hunt (deer_ vacuum, hoes, nirkec- etc.) ,TURKEY I Number of youth hunters: 5 - *Participation is limited to full -time and part -time residents of Collier County unless hunt is not full` Number of youth hunters landowner will ,uppIN Will hunter, 5 - °( O/ LIFR COUYI Y YOUTH ONLY' Yes Will you need equipment and /or supplies from Are there cooking facilities available? Nye, ❑Nrt Tallahassee office? ❑ Yes 0 No If ves_ please desa ibe: If ves, please describe: Stove, oven, and refrigerator but no running water w Will you need food or help making food arrangements? Lj Yes 0 No Hunnnaster is responsible for all food arrangements_ Additional comments: County owned property — volunteers provided by County Contact: Melissa H. meiissahenniggcollierga-w, net (239) 252 -2957 * per Collier County's request Youth Hunting Program of Florida c/o Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FI, 32399 -1600 (850) 413 -0084 (850) 413 -7989 (fax) MVFWC.com Attachment A - Page 3 of 3 16E 3 Pepper Ranch Preserve Legal Description Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half (E' /2) of the East Half (E' /�) of the Southwest Quarter (SW' /4) of the Southeast Quarter (SE' /4) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida; thence run S 88 057'47" W, along the south line of the Southeast Quarter (SE' /4) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described; thence continue S 88 °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 88 058'31" 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: 00052440003 A parcel of land lying in the Southeast Quarter (SE' /4) of the Southwest Quarter (SW' /4) and the West Half (W/2) of the Southwest Quarter (SW' /4) of the Southeast Quarter (SE' /4) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida; thence run S 88 °57'47" W, along the south line of the Southeast Quarter (SE' /4) of said Section 22 for a distance of 1980.56 to the Point of Beginning of the parcel of land herein described; thence continue S 88 057'47" W, along the south line of the Southeast Quarter (SE' /4) of said Section 22, for a distance of 660.19 feet to the South Quarter corner of said Section 22; thence run S 88 057'47" W along the south line of the southwest quarter of said Section 22, for a distance of 1321.80 feet; thence run N 00 °38'44" W for a distance of 1342.51 feet; thence run N 88 °59'17" E, for a distance of 1324.63 feet; thence run N 88 °59'31" E, for a distance of 660.24 feet; thence run S 00 031'22" E for a distance of 1342.58 feet to the Point of Beginning; containing 61.13 acres, more or less. 16E 3 AND Property Tax Identification Number: 00052680009 The Southeast Quarter (SE' /4) of the Southwest Quarter (SW' /4) of Section 26, Township 46 South, Range 28 East, Collier County, Florida; containing 40.38 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: 00053920001 The Northwest Quarter (NW' /4) of the Northeast Quarter (NE' /4) of the Northwest Quarter (NW' /4) of Section 35, Township 46 South, Range 28 East, Collier County, Florida; containing 10.09 acres more or less. AND Property Tax Identification Number: 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: The West Half (W' /2) of Section 26, Township 46 South, Range 28 East, Collier County, Florida, less the North 1452.35 feet thereof and less the Southeast Quarter (SE' /4) of the Southwest Quarter (SW' /4) of said Section 26, and less that parcel of land, as described and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 00052640007; containing 185.91 acres, more or less. AND Property Tax Identification Number: 00052960004 All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; containing 643.59 acres more or less. 16E 3 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. AND Property Tax Identification Numbers: 00053840000 & 00054040003 The East Half (El/2) of the East Half (E/2) of the Northwest Quarter (NW' /4); and the Northeast Quarter (NE %), less the East 30 feet and the Northerly 30 feet for public road right -of -way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35, Township 46 South, Range 28 East, Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE%) described in Deed recorded in Official Records Book 1834, Page 216; also less the real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4, and in Official Records Book 280, Page 480; and in Official Records Book 282, Page 283; and in Official Records Book 289, Page 910; all of the Public Records of Collier County, Florida, AND The Southwest Quarter (SW %) of the Northwest Quarter (NW %); and the West Half (W' /z) of the Southeast Quarter (SE' /4) of the Northwest Quarter (NW' /4); and the Southwest Quarter (SW' /4) of the Northeast Quarter (NE %) of the Northwest Quarter (NW' /4); and the South Half (S' /2) of the Northwest Quarter (NW' /4) of the Northwest Quarter (NW' /4); and the Northwest Quarter (NW' /4) of the Northwest Quarter (NW' /4) of the Northwest Quarter (NW' /4); and the West Half (WI/2) of the Northeast Quarter (NEY4) of the Northwest Quarter (NW' /4) of the Northwest Quarter (NWY4) of Section 35, Township 46 South, Range 28 East, Collier County, Florida; containing 208.83 acres, more or less. The aforementioned parcels equates to 2,511.90 acres, more or less.