Backup Documents 11/09/2010 Item #10D100
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
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 #1 through #4, complete the
checklist, and forward to Sue Filson (line tKl
Route to Addressee(s)
Date
2.
3.
4.
5. Ian Mitchell, Executive Manager Board of County Commissioners
LL to to
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who craated/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Site Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairmm's signature arc to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact Melissa Hennig Phone Number
Agenda Data Item was 11 -9 -2010
A roved b the BCC Agenda Item Number
Type of Document Lease Amendmem and Land Owner Number of Original
Attached Agreement Documents Attached
239 - 252 -2957
IOD (Originally 16E1)
2
INSTRUCTIONS CHECKLIST
.&
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
a
Yes N/A (Not
to riata.
1. Original document has been signed/initialed for legal sufficiency.
cY• (All documents to
Initial A licabla
signed b the Chairman, exception
!� Y an, with the exc lion of most letters, must be reviewed and signed
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
Chairman and Clerk to the Board and possilil State Officials.
2. All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
1 The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si afore 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 vour deadlines
C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
W WS Original 9.03.04
100 !!W
MEMORANDUM
Date: November 17, 2010
To: Melissa Hennig, Environmental Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: First Amendment to the Starnes Cattle Lease Agreement
and a USDA Control of Agricultural Land Agreement
Attached are certified copies (1) of the agreements referenced above (Item #I OD)
approved by the Board of County Commissioners on November 9, 2010.
The Minutes and Records Department will hold the original agreement in the
Board's Official Records.
If you have any questions please call me at 252 -8406.
Thank you.
Attachment
100
MEMORANDUM
Date: November 17, 2010
To: Michael Dowling, Property Management Specialist
Facilities Management Department
From: Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re: First Amendment to the Starnes Cattle Lease Agreement
and USDA Control of Agricultural Land Agreement
Attached for your records, are copies of the agreements referenced above (Item #I OD)
approved by the Board of County Commissioners November 9, 2010.
The Minutes and Records Department will hold the original agreements in the Board's
Official Records.
If you have any questions please call me at 252 -8406.
Thank you.
Attachment
HE
Lease #CC 101
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this � day of
1VVJL of , 2010 at Naples, Collier County, Florida by and between HUGH E. STARNES, whose
mailing address is 3715 McGregor Boulevard, Fort Myers, Florida 33901, hereinafter referred to as
"LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR"
WITNESSETH
WHEREAS, Hugh E. Starnes and Collier County, have previously entered into a Lease
Agreement dated July 24, 2007; and
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; and
WHEREAS, if all term extensions provided by the Lease Agreement are utilized, the term of the
Lease Agreement will terminate on July 24, 2012; and
WHEREAS, Hugh E. Stames and Collier County desire to extend the tern of the Lease to
December 31, 2014 with possible extensions to be negotiated in the future.
NOW THEREFORE, in consideration of the covenants and agreements provided within said
Lease Agreement dated July 24, 2007, and Ten Dollars ($10.00) and other valuable consideration, said
Lease Agreement is hereby amended as follows:
Words underlined are added. Words stre&449e0 are deleted.
Article 2 of the Lease Agreement is amended as follows:
LESSEE shall have and hold the Demised Premises until December 31 2014. for - a- tenx -ef -three
2. Article 3 of the Lease Agreement is amended as follows:
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three
hundred and Sixty-eight Dollars and No Cents ($368.00) per year. Said annual rent shall be paid in full
upon the thirty (30) days from the date in which this Lease is executed by LESSOR. LESSEE will also
be responsible for the payment of additional real costs as provided for in ARTICLE 5 of this Lease.
LESSEE shall off -set rent by mowing 198 acres of pasture at its sole cost and expense as shown on the
attached Exhibit A. If mowing occurs at least one time per year, LESSEE will pay rent in the sum of
One Dollar and No Cents ($1.00) per veaz.
4. Article 6 of the Lease Agreement is amended as follows:
Prior to making any changes, alterations, additions or improvements, including all improvements
made under the Natural Resources Conservation Service Farm Bill Program to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplated starting
and completion time for such project. LESSOR or its designee will then have sixty (60) days within
which to approve or deny in writing said request for changes, improvements, alterations or additions.
LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a
denial to such request to LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulations, and requirements of the United States of America, State of Florida,
County of Collier, and any and all governmental agencies.
All alterations, improvements and additions to said Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may
complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any
public authority.
6. Article 15 of the Lease Agreement is amended as follows:
LESSEE shall remove any improvements completed by LESSEE, as specified in Article 6 of this
Lease. prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of
the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier
termination as herein provided, in as good condition and repair as the same shall be at the
commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the
continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S
control excepted.
Except as expressly provided herein, the Lease Agreement between Hugh E. Starnes and
Collier County, for the utilization of the Demised Premises described in said Lease Agreement dated
July 24, 2007, remains in full force and effect according to the terms and conditions contained therein,
and said terms and conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE:
DATED:
tWitness i a re ame)
Witness (Signature)
(Print Name)
AS TO THE LESSOR:
BY: r yL2✓
HUGH E. ST RNES
•i
DATED: 0
ATT S �A�9 BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
DWI
B Y:: BY
A46 Pu
1� FRED W. COYLE, Chairman
11 S
Approved as to form and legal sufficiency:
Jennifer White, Assistant County Attorney
Exhibit A
C&M*r§ Prddo Pr""v* Psgt" M&V
3
Legend
100
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10D
CONTROL OF AGRICULTURAL LAND AGREEMENT
FOR NRCS FARM BILL PROGRAMS
X Environmental Quality Incentives Program (EQIP)
❑ Wildlife Habitat Incentives Program (WHIP)
❑ Conservation Stewardship Program (CStP)
As owner of the land identified as USDA -Farm Service Agency (FSA)
Farm# 448, Tract # 577, and /or Sections 3Q, Township 44,$ and Range 28 E
located in Collier county, I hereby state and affirm that Hugh Starnes is the
producer /lessee on this land and currently has control over its use through ul 1
for NRCS Farm Bill Program purposes.
❑ I hereby agree with and authorize this producer to install, operate, and
maintain any structural or vegetative practice as defined in the Natural
Resources Conservation Service (NRCS) Field Office Technical Guide associated
with the NRCS Farm Bill Program listed above for this property.
The below structural practices are planned to be installed in the property:
Fence (Code 382), Water Facilities (Code 614), Pumping Plant (Code 533),
Pipeline (Code 516), Water Well (Code 642), Heavy Use Area (Code 561)
See NRCS- CPA -1155 form enclosed for specific details of the practices.
DATED: A/
s'
ATTES ' ".• ` BOARD OF COUNTY COMMISSIONERS
DWIGHT l . BROCX;•,CE�ERK OF COLLIER COUNTY, FLORIDA
By: (� C
By. i
I lY CLERK FRED W. COYLE, CHAIRNi
legal Sufficiency:
Jenni er B. White
Assistant County Attorney
Date: '{ S U
Producer Signature:
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10D
FORM
813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY,
MUNICIPAL, AND
OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
HENNING THOMAS K
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
4211 5TH AVENUE SW
WHICH I SERVE IS UNIT OF
❑CITY EICOUNTY []OTHER LOCAL AGENCY
CITY
NAPLES
COUNTY
COLLIER
NAME OF POLITICAL SUBDIVISION.
DATE ON WHICH VOTE OCCURRED
MY POSITION IS
NOVEMBER 9, 2010
❑� ELECTIVE APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
1=IXx4&t4 i11Jca;I!1-1
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
100
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
THOMAS K HENNING , hereby disclose that on NOVEMBER 9 2010
(a) A measure came or will come before my agency which (check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
JUDGE STARNES IS A JUDGE IN COLLIER COUNTY AND HE IS THE JUDGE IN A CIVIL
MATTER THAT I AM CURRENTLY INVOLVED IN.
lI- & - lo -
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2