Backup Documents 09/28/2010 Item #16D 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SIaPL D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,J� v
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim on pink paper. Attach to original dOCllmenL Original docunumts 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 M I through M4 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 thmugh routing lines N 1 through 1114, complete the checklist, and forward to Sue Filson (line 05).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Ian Mitchell, BCC Office Board of County Commissioners g
Supervisor
6. Minutes and Records Clerk of Court's Office
is Fonns/ County Fonm/ BCC Forms/ Original DDCmenls Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
PRIMARY CONTACT INFORMATION
(The primary contact is the holder
of the original document pending BCC approval, Normally the primary contact is the person who acated/limparcd the executive
summary. Primary contact information
is needed in the event one of the addressees above, including Sue Filson, need to contact staff far 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
Contact
\\ a�� Phone Number
�eL �3W �; a ? Y 3
Agenda Date Item was
J Agenda Item Number \\ 3
Approved by the BCC
3 .2v (0 .b
Type of Document
Number of Original
Attached
/ /
L L} Documents Attached
is Fonns/ County Fonm/ BCC Forms/ Original DDCmenls Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
1603
MEMORANDUM
Date: October 4, 2010
To: Michael Dowling, Property Management Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Submerged Lands Lease w /State of Florida Board of
Trustees of the Internal Improvement Trust Fund for land
located at the Cocohatchee River Park Marina
Attached is the original land lease referenced above, (item #16D3) approved
by the Board of County Commissioners on September 28, 2010.
After forwarding to the Bureau of Public Land Administration for signature we
request that you please return an executed copy to Minutes and Records
so there is a complete document for the Board's Official Record.
If you have any questions, please contact me at 252 -8406
Thank you.
Attachment
16D3
Memorandum
To: Ian Mitchell
Executive Manager
Board of County Commi - ner
From: Michael Dowlin
Senior Property an ement Specialist
Real Property Management
Date: April 6, 2011
Subject: Sovereignty Submerged Lands Lease — State of Florida
Ian,
The State of Florida returned this Lease that was signed by Commissioner Coyle on September 28,
2010, under agenda item 16 D 3, since it does not have a notary signature and witnesses.
Can you please have Commissioner Coyle's signature witnessed by two persons and have the
document notarized?
Please contact me at extension 8743 with any questions and for document pick -up.
Thank you.
Michael
Attachment as stated
This Instrument Prepared By:
Celeda Wallace
Recurring Revenue Section
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
BOT FILE NO. 110343885
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 17,
Township 48 South, Range 25 East, in Cocohatchee River,
Collier County, containing 22,577 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 for a period of 5 years from June 25, 2010, the
effective date of this lease. The terms and conditions on and for which this lease is granted are as follows:
1.• USE OF PROPERTY: The Lessee is hereby authorized to operate a 16 -slip docking facility with a boat ramp and
launch area exclusively to be used for mooring of recreational vessels in conjunction with an upland public park, without 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 28, as shown and conditioned in Attachment A. 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 initial annual lease fee of $3,460.63 and 25
percent surcharge, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of receipt of this
fully executed lease. 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]
16D3
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 leased 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.
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, the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease 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) the
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 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. 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.
Page 2 of 20 Pages
Sovereignty Submerged Lands Lease No. 110343885
1603
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain the
interest 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, and if such interest is terminated, the lease may be terminated at the option
of the Lessor. 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 and 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.
10. ASSIGNMENT OF LEASE: This lease 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 rime.
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 arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State
of Florida from all claims, actions, lawsuits and demands arising out of this lease.
12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. 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 costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. 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
Board of County Commissioners
15000 Livingstone Road
Naples, Florida 34109
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.
14. 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.
15. 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.
16. 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. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
Page 3 of 20 Pages
Sovereignty Submerged Lands Lease No. 110343885
16D3
17. 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 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 (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
18. 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.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
20. 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 Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or 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 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 Lessee and
Lessee's successors in title or successors in interest.
21. REMOVAL OF STRUCTURES /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, 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
13 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.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 21 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.
23. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. 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 agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
Page 4 of 20 Pages
Sovereignty Submerged Lands Lease No. 110343885
1603
25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease 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.
26. 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 lease.
27. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
28. 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.
29. 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.
30. 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.
31. SPECIAL LEASE CONDITIONS•
A. 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.
B. 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.
C. All vessels that moor, dock, or otherwise use the leased premises shall be maintained in a fully operational
condition.
Page 5 of 20 Pages
Sovereignty Submerged Lands Lease No. 110343 885
WITNESSES:
Original Signature
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
WN
16D3
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
Jeffery M. Gentry, Operations and Management Consultant
Manager, 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
"LESSOR"
The foregoing instrument was acknowledged before me this day of 20 by
Jeffery M. Gentry Operations and Management Consultant Manager 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. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
DEP Attorney
WITNESSES: % , -2 e "-j-Z -, �)
Original Signature
Typed/Printed Name of Witness
Original Signature
Typed/Printed Name of Witness
STATE OF
COUNTY OF
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial
Collier County Florida (SEAL)
by its BoaF4-0*ounty Commissioners
't
BY: W.
Original Signature of Executing Autho
Fred W. Coyle
Typed/Printed Name of Executing Authority
Chairman
Title of Executing Authority�,,�,.
"LESSEE" .,
C r
The foregoing instrument was acknowledged before me this day of 20 b
Fred W. Coyle as Chairman, for and on behalf of the Board of Cou Commissioners of Collier County Flori da. He is y
nty
personally known to me or who has produced , as identification.
My Commission Expires:
Commission/Serial No.
Page 6 of 20 Pages
Sovereignty Submerged Land Lease No. 110343885
Signature of Notary Public
Notary Public, State
Printed, Typed or Stamped Name
/ppMec! : X, fegai SufilCietlCy
As _:. ,,,qty attorney
WITNESSES:
Original Signature
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
f
16D3
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
Jeffery M. Gentry, Operations and Management Consultant
Manager, 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
"LESSOR"
The foregoing instrument was acknowledged before me this day of , 20_, by
Jeffery M. Gentry Operations and Management Consultant Manager 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. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
DEP Attorney
,u
W ESSES: �' °'2 ZLZ
Ori inal Sig e
P
T y ed/Printed Na a Wi ss
t nal ignature
G,a L7EU"�,z
Typed/Printed Name of Witness
STATE OF FLo f—% 0 A
COUNTY OF CO L l., 1 E V,
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial
Collier County, Florida (SEAL)
by its Bo �ou�n, X Commissioners
r- '
• aKL %� n
Typed/Printed Name of Executing Authority
Chairman
Title of Executing Authority <?
RTiEST• = !� ��' '
DWK3H E , WFK
"LESSEE"
_ E
The foregoing instrument was acknowledged before me this
Fred W. Coyle as Chairman, for and on behalf of the Board of Count,
.Rersonally known to me or who has produced
My Commission Expires:
IAN MITCHELL
` v Comm# DD0810026
wallExQ m 7rA=12
osti Florida Notary Awn..
w....u. ..r• .........I....o. ......... as
Comrrnsston/�'em No.
by
Page 6 of 20 Pages
Sovereignty Submerged Land Lease No. 110343885
Notary Public, State of FFC._D 2 1 -0 A
1 A N M %-rc.1 E Lc.._
Printed, Typed or Stamped Name
APPnOY Cl 4, ' ' ': °-n K legal Suff cleney
As:. : u my Attorney
6
&
1603
13513 Vanderbilt Dr, Naples, FL 34110-6085
Attachment A
Page 7 of 20 Pages
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PARCEL I DESCRIPTION:
A PARCEL OF LAND LOCATED ON THE COCOHATCHEE RIVER AT CONKLIN POINT IN
SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT 1 OF "CONKLIN POINT ", A
SUBDIVISION AS RECORDED IN PLAT BOOK 8, PAGE 16 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND RUN SOUTH 89'16'52" WEST ALONG THE NORTH
BOUNDARY LINE OF SAID "CONKLIN POINT ", A DISTANCE OF 530.00 FEET; THENCE
SOUTH 00'25'18" EAST ALONG THE BOUNDARY LINE OF SAID "CONKLIN POINT ", A
DISTANCE OF 49.28 FEET; THENCE SOUTH 89'16'52" WEST, A DISTANCE OF 9.09 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 05'31'19" EAST, A DISTANCE OF 70.23
FEET; THENCE NORTH 75'56'37" WEST, A DISTANCE OF 100.34 FEET; THENCE NORTH
00'25'18" WEST, A DISTANCE OF 44.39 FEET; THENCE NORTH 89'16'52" EAST, A
DISTANCE OF 90.92 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 5,338 SQUARE FEET OR 0.123 ACRES OF LAND, MORE OR LESS.
RECE EVI D Q
FEB 14 2008
SO-- U H DISTRICT
I • • , �� 2350 STANFORD COURT SPECIFIC PURPOSE SURVEY
NAPLES, FLORIDA 34112 SOVEREIGN SUBMERGED LANDS LEASE
PHONE (239) 434 -0046
ENGINEERING FAX 642 4L.B. #6 0 DATE PROJECT NO. FILE NO. SCALE SHEET
E.B. X642 do L.B. #642
12/2007 20077099 17 -48 -25 1" = 30' 4 OF 11
attachment A
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SS14 No. 110343885
_ — — NORTH LINE OF THE
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FEB 14 2008
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DIMENSIONS OF DOCK
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LEGEND:
= SPOT ELEVATION
X = CHAINLINK FENCE
a= CONCRETE
• 2350 STANFORD COURT
NAPLES, FLORIDA 34112
PHONE (239) 434 -0046
ENGINEERING EBx #642) &4�B. #s2
:attachment A
Pine 11 of 211 Pines
SSIA, No. 110343885
LOCATED ON THE COCOHATCHEE RIVER
AT CONKLIN POINT
SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SPECIFIC PURPOSE SURVEY
SOVEREIGN SUBMERGED LANDS LEASE
ATE PROJECT N0. InLE N0. SCALE SHEET
12/2007 20077099 17 -48 -25 V = 30' 3 OF 11
s7S X05g 0
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FEB 14 2008
SOUTH DISTRICT
LEGEND:
X = CHAINLINK FENCE
F7= CONCRETE
(ENGINEERING
AtiluChmen t 1
["age 12 of 20 Pages
SSIA, No. 110343885
8 2'%
2350 STANFORD COURT
NAPLES, FLORIDA 34112
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E.B. #642 & L.B. #642
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LOCATED ON THE COCOHATCHEE RIVER
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SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SPECIFIC PURPOSE SURVEY
SOVEREIGN SUBMERGED LANDS LEASE
1TE PROJECT N0. FILE N0. SCALE SHEET
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FEB 14 2008
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LEGEND:
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F7= CONCRETE
(ENGINEERING
AtiluChmen t 1
["age 12 of 20 Pages
SSIA, No. 110343885
8 2'%
2350 STANFORD COURT
NAPLES, FLORIDA 34112
PHONE (239) 434 -0046
FAX (239) 434 -9320
E.B. #642 & L.B. #642
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16D3
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0 10' 20'
SCALE IN FEET
1-1-T
LOCATED ON THE COCOHATCHEE RIVER
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SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SPECIFIC PURPOSE SURVEY
SOVEREIGN SUBMERGED LANDS LEASE
1TE PROJECT N0. FILE N0. SCALE SHEET
12/2007 1 20077099 17 -48 -25 1" = 20' 5 OF 11
16D3
Attachment A
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Nine 13 of 20 ["ages
1SIA, No. 1103438KA
vttachnient A
Pine 14 of 20 Pages
SMA, No. 110343885
SOO.24'31 "E, 30..- WIGGINS PASS
NORTH LINE OF THE
S.E_ 1 /OF SECTION 17
TO CONCRETE MONUMENT
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COMMENCEMENT w - I N.E. CORNER OF
OF PARCEIS 1 AND 2 m THE S.E. 1 /4 OF
SECTION 17 -48 -25
FOUND CONCRETE MONUMENT FOUND IRON ROD
MATH NO IDENTIFICATION AT NTH NO IDENTIFICATION
- - - -
- I THE N.E. CORNER OF TRACT 1
OF CONKLIN POINT SUBDIVISION
PARCEL 1
STATE PLANE COORDINATES FOR CURVE DATA:
THE POINT OF COMMENCEMENT: R 1860.08'
=
N.:713342.821, E.:387970.659 L = 236.92'
I
SEE SHEET 3
,' "� Ton — 118.62'
A = 7'17'52"
Ch = S03'13'38 "W,
I I\
rc 236.76'
I , Irc
F-
_J
I
i
a '
-- Ey
n
O ►�'!
4010
-------------- A
I
' THE EAST LINE OF
CURVE DATA: �_ SECTION 17 -48 -25
r - - -
R = 1960.08' r
L = 249.66' I
Ton - 125.00' - I
I
A = 7'17'52" c
Ch S03'13'38 "W, °
I
249.49'
RECEIVED - D.E.P.
cm
I N
FEB 14 2088
PARCEL 2 (A I W
SOUTH DISTRICT
SEE SHEET 6 n1
N
co
- COCOHATCHEE RIVER
I
l y S.E. CORNER OF
SECTION 17 -48 -25
--1 FOUND RAILROAD SPIKE
WITH NO IDENTIFICATION
LEGEND:
0 75' 150'
LOCATED ON THE COCOiHATCHEE RIVER
R/W
= RIGHT -OF -WAY
SCALE IN FEET O
= FOUND IRON PIN
AT CONKLIN POINT
O
�
= FOUND CONCRETE MONUMENT
=FOUND RAILROAD SPIKE SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
'
2350 STANFORD COURT
NAPLES, FLORIDA 34112
SPECIFIC PURPOSE SURVEY
SOVEREIGN SUBMERGED LANDS LEASE
PHONE (239) 434 -0046
ENGINEERING
FAX 642 L.B. # 4
E.B. #642 3t L.B. �j642
DATE
PROJECT NO.
FILE NO.
SCALE
SHEET
12/2007
20077099
17 -48 -25
1" = 150'
2 OF 11
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16D 3
arc No
0 1 3.6 1 8 5 7 ® 1990 HAR 13. PI'! 2* 41
iNr_ : .9, a7S;oo. o 00
IND COLLIER COUNTY RECORDED
IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
Laws-of Florida, 1971, Chapter 28093
Section 702.02(4), Florida Statutes 1971
CASE NO. 85- 1557- CA- 01 -WCM
Plaintiff-
vs
rTIM, et al
De en ant.
CERTIFICATE OF TITLE
The undersigned, JAMES C. GILES, Clerk of the:Circuit Court, certified
that he executed and filed a Certificate of Sale in this action on the
1st day in March ,1990 ,'for the property
ethi a herein, an tat no o ect ons to the sale have.been filed
within the. time allowed.for filing objections'. The following property
in Collier County, Florida:
CD
7-0 o
� tV
was sold ,t o COLLIER State of Florida
.� political subdivis'
3301'Tamiami , N les$ Flo 3 62
WITNESS my hand and. seal . o (`
March 13th
r b
JAMES C...G�iL'1; ff, C00".•
Clerk of :£her�3,reu�t %Coi�ra Trn
0. + ,
epu
Cl.
� � J
A parcel of land lying in Section 17,
Township 48 South, Range 25 East, ;Collier
County, Florida, described as follows:
From the northeast corner of Conklin
Point, as recorded in Plat Book 8,
page 16, public records.of Collier
County, Florida, being the point of
beginning, run S 00 026'00" E along the
easterly line of said Conklin Point for
126.73 'feet to a point of curvature;
thence southerly along the arc of a curve
to the right of radius 1860.08 feet
(delta 'angle 07 °17'52 ", chord distance
.236.76 feet,-chord bearing S 03 °12'56" W)
for. 236.92 feet to a point of tangency;
thence., run S 06 °51'52 " :W along said
easterly line for 150.00 feet to a point
of curvature;.thence *°»*+_s utherly along o
:said easterly 1 a of a o
curve to the /1 j. 8 feet, —
(delta anglW ° 2", chor 'Ace C-n
249.49 fegt `, rd bearing .S 03 ? 5 $!'W) o O
for 249. t to a point of tan nc :x N
thence n
alo sai
easterl liraie 39. 9 fe t to th
south e ste 1 c me f
Point; .th
southe ly i e a n o or
285.00 fe °26 0 W
692.99 ! n 01'6
195.00;
nce, run N 00 °26' " W or
207.00 to the northly 1 e; a o
Conklin thence run. N l -
0
for 530. t along the said y: o
line to th east corner o�i'�ii
Conklin Poi intm o ing, 011
Recorded Ord VOnfled
in ONKiai Records of
COLLIER: COUNTY; FLORIDA
JAMES C..GILES, CLERK
y ?'.y;F:;.1; '
:lttuchn►ent B
["age 20) of 211 Nines
SSI,1, 1Vo. It 6343885