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Backup Documents 01/08/2019 Item #16D9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 1\14 \14 1\°‘ 4. BCC Office Board of County 1p Commissioners V tv/ /� �t2"31f\ 5. Minutes and Records Clerk of Court's Office ')a3I`c °9:1/971 , PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Molly DuVall/Parks and Recreation Phone Number 239-252-2960 Contact/ Department Agenda Date Item was January 8,2019 Agenda Item Number 16.D.9. Approved by the BCC Type of Document Caracara Prairie Preserve Cattle Lease Number of Original 1 Attached Agreement Documents Attached PO number or account 1 5930 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) A plicable) 1. Does the document require the chairman's original signature? S 0K - 2. Does the document need to be sent to another agency for additional signatures+`? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be MD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MD Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ?r�P BCC,all changes directed by the BCC have been made,and the document is ready for t � 1, Chairman's signature. I:Forms/County Foims/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1609 MEMORANDUM Date: January 23, 2019 To: Molly DuVall, Environmental Specialist Conservation Collier From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Caracara Prairie Preserve Cattle Lease Agreement w/Labelle Ranch, Inc. Attached is a copy of the agreement referenced above, (Agenda Item #16D9) approved by the Board of County Commissioners on Tuesday, January 8, 2019. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16D9 Co er County Cattle Lease Lease# CC-103 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this S+ day of 2019, between LABELLE RANCH, INC. whose address is 1210 SW 2"d Ave.,Okeechobee, 34974, her fter referred to as "LESSEE",and COLLIER COUNTY,a political subdivision of the State of Florida,whose mailing address is 3299 Tamiami Trail East,Naples,Florida 34112,hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises and Use LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Three Hundred Sixty Seven and Seven Tenths(367.7)acres of property described in Exhibit"A," and shown in Exhibit"C",which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of cattle grazing and incidental activities that are directly related to beef cattle production. All animal husbandry principles and practices applicable to the property and efficient use of grazing resources shall be followed at all times. The LESSEE shall be responsible for the establishment and implementation of sound grazing practices based on the best management guidelines of the U.S. Department of Agriculture's National Resources Conservation Service(EXHIBIT"G"). Consistent with its status as a tenant the LESSEE will have exclusive use and possession of the Demised Premises,however,the LESSOR may, as specified below: (i)alter its boundaries and/or(ii)make use of portions of it for hunting,public access EXHIBIT"I",and other activities consistent with the Conservation Collier program, as described below in this Article 1 and in Article 16(d). LESSOR'S use shall not, however, interfere with LESSEE'S permitted use of the Demised Premises,nor expose LESSEE to liability to third parties based on the use that LESSOR is permitted to make of the Demises Premises. The Demised Premises is leased in its "As Is, Where Is, and With All Faults" condition. LESSEE has examined the Demised Premises to its complete and total satisfaction and accepts it in its present condition.LESSEE has had adequate opportunity to investigate the land use and zoning of the Demised Premises and is satisfied that it can use the Demised Premises for LESSEE's purpose. This LEASE AGREEMENT may be amended from time-to-time in order to change the size of the Demised Premises as necessary to accomplish the goals, policies, and objectives of the Conservation Collier Implementation Ordinance(Ordinance 02-63, as amended). LESSOR'S representative(e.g., Real Estate Services Staff)shall advise LESSEE,in writing,of its intent to recommend that LESSOR amend this LEASE AGREEMENT. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five(5)years,commencing on March 1, 2019. LESSEE is granted the option,provided LESSEE is not in default of any of the terms of this Lease,to renew 1 1609 Co sr County same for two (2) additional terms of one (1) year, under the same terms and conditions, except as to the rental amount, as provided herein,by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty(30)days prior to the expiration of the leasehold estate hereby created. LESSOR reserves the right to deny LESSEE,in writing,of any renewal term. Both LESSOR and LESSEE reserve the right to terminate this lease,without cause,by providing the other party with at least thirty(30)days written notice to the address set forth in ARTICLE 14 of this Lease. LESSEE and LESSOR reserve the right to terminate this Lease,with cause,upon default by the other party as described in Article 12 and in Article 13, after any cure or grace period during the entire term of this Lease, by providing the other party with thirty(30)days written notice to the address set forth in ARTICLE 14 of this Lease Upon termination of this Lease by either party,LESSEE will have sixty(60)days to make arrangements to remove the existing cattle, during which sixty (60) days the cattle must remain. LESSOR will remit to LESSEE any prepaid and unearned rent for any period that exceeds sixty(30)days after such 60 days. During the sixty(60) day period that LESSEE remains in possession after termination, LESSEE shall continue to have said mowing obligations as described in Article 3 or may pay rent prorated at the amount described in Article 12, however, LESSEE shall not be liable for any interest thereon as described in said Article 12. Such mowing or rent obligations shall cease when LESSEE vacates the Demised Premises. All notices shall be effective upon placement of the notice in an official depository of the United States Post Office,Registered or Certified Mail,Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent the annual sum of Seven Thousand Dollars Eight Hundred Seventy-Five Dollars and Thirty-Five Cents($7,875.35)for grazing Thirty-Five(35)Animal Units(A.U.) within the Demised Premises plus or minus Two Hundred Twenty-Five Dollars and One Cent($225.01)for A.U.'s in accordance with ARTICLE 16. LESSEE must certify to the Collier County Preserve Manager the maximum number of A.U. it is keeping on the Demised Premises at the time the LESSEE submits its Lease payments.Annual rent shall be paid in full on March 1,2019. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease. Collier County may require downward adjustments or allow upward adjustments to the maximum allowed A.U. that will be provided in writing no less than (60) days before changes are to take effect. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased utilizing the method outlined in ARTICLE 4. ARTICLE 4. Renewal Term Rent In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased for each ensuing one (1) year renewal term by five (5) percent from the previous year,compounded. ARTICLE 5. Modifications to Demised Premises LESSOR will conduct a Baseline Inspection within 90 days of March 1,2018 to establish the condition of the Demised Premises at the start of the Lease.Upon expiration or termination of this Lease,LESSEE will return the property to the County in the same or better condition as described in the Baseline Inspection Report. (EXHIBIT H) 2 16Dg Co i er County Prior to making any changes,alterations,additions or improvements 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 must maintain all fencing and gates needed to contain cattle or to protect water resources.Any repairs or modifications made to existing fence infrastructure must be in compliance with LESSOR's standards and materials as contained in the Specifications for 4-Strand Barbed Wire Fence Construction EXHIBIT"F"). 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 all governmental agencies. All alterations, improvements and additions to the 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. LESSEE shall not at any time set,or cause to be set,any fire on the Demised Premises without prior notification to the Collier County Preserve Manager.The County may grant or refuse permission for a prescribed burn in its sole discretion. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the Demised Premises or any part thereof at any time, without notice to the LESSEE, for the purpose of examining the same and making repairs,inspecting or curing a default or nuisance,or providing maintenance service therein,and for the purposes of inspection for compliance with the provisions of this Lease Agreement. If LESSOR should need to utilize the property for any length of time,for any purpose,the LESSOR shall advise the LESSEE of its intentions by oral notice. LESSEE must not hunt,trap,fish or capture any wildlife upon the Demised Premises or allow others to do so unless: (1)the Demised Premises is established by the Florida Fish and Wildlife Conservation Commission as a public hunting area and hunting occurs in compliance with the laws and rules established for that area(EXHIBIT "J");(2)LESSEE obtains prior written approval from the Collier County Preserve Manager. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises,or to permit any other persons to occupy same without written approval from the LESSOR 3 1609 Co er County Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms,conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,shall indemnify,defend and hold harmless LESSOR,its agents and employees from and against any and all liability(statutory or otherwise), damages, claims, suits, demands,judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising directly from any injury to,or death of, any person or persons or damage to property(including loss of use thereof)related to (A)LESSEE'S use of the Demised Premises, (B)any work or thing whatsoever done, or any condition created (other than by LESSOR,its employees,agents or contractors)by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or(D) any act, omission or negligence of LESSEE or its agents,contractors,employees,subtenants,licensees or invitees. It is acknowledged that in accord with the terms of this Lease(i)certain uses may be made of the Demised Premises by the LESSOR and (ii) LESSOR may permit third parties to make use of the Demised Premises. The Demised Premises is unimproved agricultural pasture lands and/or naturally vegetated areas. LESSEE'S responsibilities for maintenance in accord with Article 11,and its responsibility and liability to LESSOR under this Article 9 are and shall be based on the standards of care required of a tenant of lands having the forgoing characteristics and uses and an absence of business invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof,LESSEE shall pay all costs,attorneys'fees,expenses and liabilities resulting there from and shall defend such action or proceeding if LESSOR shall so request,at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works.The LESSOR shall not be liable for any loss of livestock,livestock operation,equipment,improvements,or any other property of LESSEE resulting from any public use, The LESSOR shall not be liable for any damages to or loss of,including loss due to petty theft,any property, occurring on the Demised Premises or any part thereof,and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 10. Insurance LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier County Risk Management Department, for not less than an amount of One Million Dollars and No/100 Cents ($1,000,000.00)throughout the term or any renewals thereof to this Agreement. In addition,LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of Three Hundred Thousand Dollars and No/100 Cents($300,000.00)each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department,3335 Tamiami Trail East, Suite 101,Naples,Florida,34112,for approval prior to the commencement of this Lease Agreement;and shall include a 4 1609 Co er County provision requiring ten(10)days prior written notice to Collier County do County Risk Management Department in the event of cancellation or changes in policy(ies)coverage.LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty(30)days in which to obtain such additional insurance. LESSOR shall maintain such liability insurance, or self-funded liability reserves, as are appropriate to protect itself and LESSEE from third party claims based on use of the Demised Premises that the LESSOR is permitted to make,or allows third parties to make,in accord herewith. ARTICLE 11.Maintenance LESSEE shall be allowed to store,within the Demised Premises, in a location approved in writing by the Collier County Preserve Manager, any functional maintenance equipment and supplies required for activities directly related to beef cattle production on the Demised Premises. LESSEE,at its sole cost and expense,shall mow the two hundred and five(205)acres of improved pasture within the Demised Premises a minimum of one (1) time per year (EXHIBIT "D"). LESSEE may roller chop specific areas of pasture when needed to control exotic and woody plant growth. LESSEE will notify the Collier County Preserve Manager before undertaking mowing or roller-chopping activities.Any off-site mowers or other equipment must be cleaned thoroughly prior to entering the Demised Premises to prevent the introduction of nuisance or exotic plant species. LESSEE shall develop the mowing schedule and include variables such as excessive rainfall,drought or other unforeseen conditions,and provide such schedule to the Collier County Preserve Manager. Each individual improved pasture within the Demised Premises may include mineral feeders,supplemental feed trough, and molasses feed tanks to control cattle concentration areas. A map of existing fencing and pasture configurations can be found in EXHIBIT"E".No outside hay may be brought into the Demised Premises to prevent introduction of nuisance or exotic plant species. Rotation of cattle shall continue throughout the year on a scheduled basis. In the event there has been an extremely dry and cold winter or an exceptionally wet season,the cattle will be managed by LESSEE to fit the available forage. LESSEE may not fertilize improved pasture areas. Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of water holes shall be prohibited. LESSEE shall,at its sole cost and expense,keep the Demised Premises free from debris, litter, abandoned equipment and vehicles, and the like, at all times. If said Demised Premises are not kept free from debris, litter, abandoned equipment and vehicles,and the like,in the opinion of LESSOR,LESSEE'S manager will be so advised in writing. If corrective action is not taken within ten(10)days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten(10)days of receipt of written notice of costs incurred by LESSOR. The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees,agents,independent contractors,guests,invitees,licensees,and patrons. The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all non-naturally occurring solid, liquid, semisolid, and gaseous trash and waste(but not animal waste)and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S business. Such trash,waste and refuse shall be stored in closed containers approved by the LESSOR. 5 16D9 Co er County LESSEE shall make monthly inspections of fences and gates used to contain cattle and make repairs to the fencing as needed in compliance with LESSOR's standards and materials as contained in the Specifications for 4- Strand Barbed Wire Fence Construction(EXHIBIT"F"). LESSOR shall be responsible for all invasive exotic plant maintenance treatments and prescribed burning of non-pastureland habitats within the Demised Premises. LESSEE must not apply or allow application of agricultural chemicals including herbicides or pesticides on the Demised Premises without prior,written approval from the Collier County Preserve Manager.If the County approves a request from LESSEE, LESSEE must,at a minimum: (1)comply with all federal,state and local laws, best management practices, regulations and guidelines including those administered by Florida Department of Agriculture and Consumer Services (FDACS); and (2) comply with any other condition of the Collier County Preserve Manager written approval. LESSEE shall be responsible for providing to the LESSOR,on an annual basis at the time of rent payment, an inspection report of the property and its operations. At a minimum, the report must include the information identified in the Annual Cattle Information Report(EXHIBIT"B"). LESSOR/Collier County Preserve Manager shall visit the property at least semi-annually to evaluate the management and grazing operation. The LESSOR/Collier County Preserve Manager and the LESSEE/Managing Partner shall meet annually to review and,if necessary, revise any grazing and/or pasture management plans. LESSEE shall report any violation observed pertaining to rules and regulations promulgated by Collier County or the Florida Fish and Wildlife Conservation Commission. LESSEE shall immediately report any incidence of the following: • Fire • Vandalism • Theft • Poaching • Trespassing • Any hazard, condition or situation that may become a liability to the County or may be damaging to the property or improvements on the property. LESSEE has no affirmative duty to actively monitor conditions for discovery of such activities. Any expense related to utilities used solely by the LESSEE shall be paid for by the LESSEE. ARTICLE 12.Default by LESSEE Failure of LESSEE to comply for thirty (30) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option,terminate this Lease after thirty (30)days written notice to LESSEE,unless the default be cured within the notice period(or such additional time as is reasonably required to correct such default).However,the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. 6 1609 Co er County (c) Filing of insolvency,reorganization,plan or arrangement or bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment for the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to enter and remove all persons and property from the Demised Premises.Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass or being liable for any loss or damage which may be occasioned thereby. LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days' notice in writing if a lien is filed against the property or the leasehold interest of the LESSEE,and not removed within thirty (30)days by LESSEE,pursuant to the Florida Mechanics Lien Law. If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as specified in this Lease,and if said amounts remain unpaid for more than ten(10)days past the due date,the LESSEE shall pay LESSOR a late payment charge equal to five(5)percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2) percent per month or the highest interest rate then allowed by Florida law,whichever is higher,which interest shall be paid by LESSEE to LESSOR. ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or at LESSOR'S sole discretion, such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14.Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners Mr.Maclean Pulitzer c/o Real Property Management Elite Office Services of Okeechobee,LLC.. 1210 SW 2nd Ave. 3335 Tamiami Trail East,Suite 101 Okeechobee,FL 34974 Naples,Florida 34112 cc: Office of the County Attorney cc: 3299 Tamiami Trail East, Suite 800 Naples,Florida 34112 Conservation Collier Program Coordinator Golden Gate Community Park 7 co ABY co14Hty 1 6 D 3300 Santa Barbara Blvd. Naples,FL 34116 ARTICLE 15. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE 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 LESSEES control excepted. ARTICLE 16.General Provisions LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming off of the Demised Premises. LESSEE shall give oral notice to the Collier County Preserve Manager at least three(3) days prior to any planned cattle round-up or additional cattle release, to allow the Collier County Preserve Manager the option to observe the cattle round-up or release. LESSEE shall maintain no less than Fifteen (15) and no more than Thirty-Five (35) Animal Units at the Demised Premises without written authorization from LESSOR. Increases to the maximum stocking rate shall be subject to acceptable range conditions and as determined by the Collier County Preserve Manager. Animal Units will be established based on the following table: Table 1: Animal Unit Equivalent Guide Species Average Animal Unit Weight Equivalent (pounds) (AUE) Cow,dry 950 0.92 Cow with calf 1,000 1.00 Bull,mature 1,500 1.35 Cattle, 1 year old 600 0.60 Cattle,2 year old 800 0.80 LESSEE shall have the right to camp overnight on the Demised Premises,at LESSEE'S own risk,and shall be required to obtain any necessary permits,if required,for this use. If LESSEE should elect to destroy sick cattle, any use of firearms shall be permitted by LESSOR so long as LESSEE is legally permitted to possess such firearm in the County of Collier and/or the State of Florida, as applicable. LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE or his invitees upon the Demised Premises except as specifically allowed under this Lease. LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. 8 1609 Co or County LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) If applicable, LESSEE agrees to pay all tangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. (d) LESSEE acknowledges that LESSOR will allow limited seasonal hunting on the Demised Premises under the regulations of the Florida Fish and Wildlife Commission CREW Wildlife Environmental Area. i I ARTICLE 18.Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either.This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 19. Quiet Enjoyment Subject to LESSOR'S rights provided in this Lease,LESSOR covenants that LESSEE,on paying the rental amount and performing the covenants,terms and conditions required of LESSEE contained herein,shall peaceably and quietly have, hold and enjoy the Demised Premises and the leasehold estate granted to LESSEE by virtue of this Lease Agreement. ARTICLE 20.Waiver No failure of LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver. ARTICLE 21.Effective Date This Lease shall become effective on March 1,2019. ARTICLE 22.Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 23.Assignment LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by LESSEE. LESSOR must be advised of any such assignment in writing. IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals. 9 1609 Co er County AS TO THE LESSOR: DA 1 ED:, 496419,; ATTEV CRYSTA . J t ZEL BOARD OF CO r S MISSIONERS = COLLIER ° ' FLO` 1) ce. 44;), C. ger_ 10440 er �,,�� W. L. McDaniel,Jr., g AS TO LEIS' EE,: only. Chairman DATED: 1/$119 WITNESSES: NA, f Q" (Signature) LABELLE RANCH,INC. l (Print Name) BY: c, c 1 ✓'. Maclean Pulitzer, President (Signature) (Print i4ame) Approved as to form and legality o Jenn r Belpedioo\ Assistant County Atto� item# tbtc Agenda l 8 I iQ Date ` Date 1\9.3 til Rec d 1 10 reputy Clerk 1609 Co ev County Exhibit "A" (Legal Description of Demised Premises) PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30,TOWNSHIP 46 SOUTH,RANGE 28 EAST, OF COLLIER COUNTY,FLORIDA. EXCEPT SELLERS RESERVE ANY OIL, GAS, AND MINERAL, RIGHTS OWNED BY THEM AS SET FORTH IN ANY PREVIOUSLY RECORDED DEED. 11 Off, 1609 co , CoHHty Exhibit "B" (Required Information for Annual Cattle Operation Report) For each field: 1 Date animals are moved from one pasture to the next. 2 Name of herd. 3 Number of animals in the herd. 4 Field the animals were moved from. 5 Field the animals are moved to. 6 Notes on forage conditions when animals are moved into and out of each field(i.e.forage height,forage quality,weeds,insects,etc.). 7 Body condition score of animals when they are moved. 8 Notes on management activities that have been conducted,such as when supplement feeders were moved, and when supplemental water sources were cleaned or repaired � I 12 ). 1 6 D 9 Co or County Exhibit "C" (Property Boundary Map) Conservation Collier: Caracara Prairie Preserve P s ,. i`;'•, S ,. ,jYnAj Sr {z, ; •r Z* 6t� h t3 gp . ti ` Dari {" ` ' c ,' ra�+lk 1 ri.. �•. \ l ' *. •F,,l i • y 4 1 ly 1 4 n I ti 4. '., L4 "MF, t,.•k. r T i 7r j'` et J. 1 i t .y. ,AliP. ."'' '' .^N', + '�".S, i rk`F p4 p r • i ',AP, '''.:".•',`)0., ,1,1`44'',1',";44' J J ' r :'-'4"` F frt .� s a ffr . t Y \ .. tY , a I 7'h Ty . v ��., 'Yj 1 -.,'I-•,.f.,,,41 `1♦ :..ft tel ::A 'p "I'- 1 �'y ,''+ ',il'A Tib; r, 14• .r ` 'ie ' sx 4,y\ ,..,a , 5 v. tt� ' a':• t.1 t\x! N .,Y 1.1. ;i i 't" • � +im vi,. 1 .}ii ,..\i• Ski°, .-.-• l.s yi'Far "tS`,fi i. - NN ut. sCoHNry Q Caracara Prairie Preserve 367.7 ac w+e D M0 1000 Feet I � J ice-,. S 13 1609 co e�+n y Exhibit "D" (Caracara Prairie Preserve Pasture Map) Caracara Prairie Preserve Pasture Map i Co er County 0 500 1,000 Feet Legend i t i 9 Data Source.2005 AmLals d Parcnle.Collor County Property Appraiser Ft F Pasture Conservation Lands-Florida Natural Areas!memory {{) Created by:Conservation Cotllet\M.Hermit Preserve Boundary G:\Conservation Collierbranl applications and Ftormation\DEP BIPM'Slamest Erotic Map.mrd and jag Dale:Feb.2008 14 1609 Co /Ter County Exhibit "E" (Cattle Fencing, Water Sources, Service Roads and Access Gates) Caracara Prairie Preserve-Cattle Lease CI A4 q ------_,0_ _ 1 I 1 1 i 1 { iO i I I I I • i t i r t I 1 I , I N I 1 1t I0 Ir I Q Caracara Prairie Preserve Fenceline Public Hiking Trail '+' 0 250 500 Feet El Gates • Water Sources — — - Service Road I I I 15 0 16139 Co er County Exhibit "F" (Specifications for 4-Strand Barbed Wire Fence Construction) 16`-6 .4 1110 B&MhesINire IT Smuthaire L 16 Fence Line Clearing: f• 1. A fence line clearing devoid of all shrubs, trees, and stumps shall be established sufficient to set posts, erect the new fence, and permit full range of travel for all gates. 2. Any earth disturbed during line clearing shall be returned,as close as possible,to the area's original grade. 3. All removed vegetation shall be properly disposed. Vegetation may be burned on-site with permission of the LESSOR once all necessary permits have been obtained. If not burned, all vegetation shall be disposed of off-site and evidence of proper disposal shall be provided. Fence Construction: 1. A boundary fence with gates shall be constructed to securely contain cattle within the grazing unit. Fence lines shall run as straight as possible. The fence shall be four (4) strand barbed wire spaced equal distance apart starting sixteen (16) inches above the ground up to a height of forty-two 42 inches. All barbed wire shall be stretched completely so that it is springy to the touch before being fastened to the post. Wire shall be fastened and run on the inside of posts. The space between the top two strands shall be a minimum of 10"with 12"being most ideal. When possible, the bottom- most strand shall be smooth wire to facilitate wildlife movement. 2. The barbed wire shall be at least class 3, 15.5 gauge high tensile with minimum breaking load 950 lbs. Barbs shall be 15.5 gauge, 4-point double wrap with 5 inch spacing. Barbed wire shall confoun to A.S.T.M. A 121 standards. 3. Staples shall be a standard galvanized, 9-gauge,minimum 1-1/4 inch heavy duty barbed wire fence type. 4. All posts and braces shall be southern pine or other treatable species and shall meet current industry standards for physical quality and wood preservation. 5. Line posts (3 1/2-inch top and 6 1/2 feet long) shall be installed plumb, a maximum of 16 feet apart, and embedded 24 inches in the ground. Backfill posts by thoroughly tamping soil around the post after every 4" of depth.Posts shall not be shortened to avoid rock removal or additional excavation. 16 1609 Co ier Cotanty 6. Brace posts (6-inch top and 8 feet long) shall be used in brace assemblies. Brace posts shall be installed plumb and embedded 3 1/2 feet in the ground. A double brace assembly shall be placed at the beginning and end of each fence run and single brace assemblies at 1/a mile intervals.All corners shall have double brace assemblies on each side. A single brace assembly consists of two brace posts connected at their midpoints with a line post(a single"H")will be installed at'A mile intervals with two strands of#9 slick wire connected diagonally from the top of one post to the bottom of the other post.The connecting line post shall have a support line post to the ground at its midpoint.This wire shall be tightly wound. Connection points of all posts shall be securely nailed using galvanized, 16d,3"nails. Double brace assemblies shall consist of three brace posts,two connecting line posts, and two support posts (a double "H"). A strand of#9 slick wire shall be fastened at the top of the "pull side"post and run diagonally, on either side of the connecting line post,to the bottom of the other brace post(away from the direction of the pull)This wire shall be tightly wound. Connection points of all posts shall be securely nailed using galvanized, 16d, 3" nails. Backfill posts by thoroughly tamping soil around the post after every 4" of depth. Posts shall not be shortened to avoid rock removal or additional excavation. Gate Construction and Placement: 1. Gate locations and sizes shall be determined by the LESSOR. Gates shall be set 6" off the ground or as close to that as possible. All gates shall swing level in both directions, shall meet square, and be no more than 6"apart when closed(except as noted below for 4' gates). Double brace assemblies shall be constructed on either side of all gates. 2. All gates shall be utility-type, galvanized, 6-rail with vertical braces, and constructed of 1-5/8"20- gauge tube steel with a smooth finish. All gates shall be 50" in height and individual lengths shall depend on LESSOR needs. Technical specifications and drawings of gates similar to LESSOR requirements can be found at www.behlencountry.com. 3. Four-foot gates shall be hinged to swing to the inside and when closed the leading edge shall extend approximately 4 inches onto the corresponding brace post so that the gate will not swing to the outside. A galvanized metal spring shall be attached to the outside of the gate so that it tightly holds the gate closed but a person can easily open. 17 1609 Co or County Exhibit "G" (Cattle and Calf Best Management Practices Resources) Alter Enrolling In BMPe Best Management Practices An Important part of BMP implementation is documenting it through record keeping.as specified in FDACS rules end BMP for Florida Cow/Calf Operations manuals The Is sometimes the only way to confirm 8MP Imply mentation.DMP records should be accurate.clear,end well. What are Best Management organized.You may develop your own record.keeping forms or Practices? use the ones provided to the manual FDACS staff,UFIFAS Basin Area Team Extension a nte.sal and Na- Agricultural ll peat Management +'�IppI ++ ter mrsservaben districts and USDAtIRCS can assist producers wit. measure(BMPpr du arspraal Ityt-� C r•-'-- measuresl�a�Uroduarsantake 'a �.�7 � BMP implementation and record keeping methods & to reduce the amount or petit dere.pesticides.ani mat waste '`1F1°r'd�.vw1" and other pollutants entering our water renounce they are de +•A For assistance with enrolling In and .igned to improve waters e 15 Implementing BMPs: area maintaining agrinultcoal J >• praiucson. ") 11 Call•(850)617-1727 or Working with stakeholders.the _t s• th Florida Department of Agriculture Email-AgBMPHelp@FreshFromFlorlda.com and ConsumerServe.lFOaCS) i Sees Upon adopted a statewide caw/call ._ manual Tho BMP manual conn :regrow 0.lengrrrent to address key aspects If water petty and the method and scheduling of in water conservator typical prat ripper-Ito reduce Peter and rune hoes Include ant Messes hn the enworvnenl Nu went Msanatimanl to deter- ItaSer Resource lhc_ectcn using mine nutrient needs and sources, buffers,setbacks,and svetes to FDACS Office of Agricultural Water Policy and mange nutrient applicators) reduce or prevent the transport 1203 Governors Square Blvd,Suite 200 matuminimize of sediments as nutrients from Tallahassee,FL 32301 impactsbwate+reeormproduction areas to waarerbodes Offke:(850)617.1700 Fes:(850)8171703 www.freshlrondlodda.tort%/DIWIons-0Inces/Agricultural Water-Polloy Florida Department of Agriculture and Consumer Services •. .. `• Adam H.Putnam,Commssioner Examples of Cow/Calf BMPa Whyahould I implement BMPs? Nutrient&tanagement • Borne BMP,can help you operate more efficiently and reduce • Using OF/IFAS recommended fertitzahon rates coats,while you help protect the environment.Also,producers • Utilizing soil and tissue bests for p11 and nutrient analysis enrolled in FDACS BMP programs are eligible for cost-share,when • Appropriately storing fertilizer.as well as chemicals available.for certain practices • Establishing and maintaining vegetative buffer strips to alter rune • Implementing(and maintaining)vended FDACS•adopted BAIFN off before enteringvraterbodies provides a • Utilizing cross fencing or fencing.sensitive areas to allow for prethe peon of compliants with state water quality animal rotation and protection of watarbodies standards for Ins pollutants addressed by the BMPs. • Ptaang water troughs away from heavily used wraterbodies • BMP implementation provides protection under the Florida Right • Properly utilizing waste to be spread on pastures to Farm Act from duplicative local regulation. • Managing livestock distribution to reduce any concentrated acct.. • Producers who implement FDAC,Sadopted Bh1Ps might satisfy mulaton of waste that could lead to contammadng ground water some water management district permitting requirements.Check or surface waters with your district • Utilizing controlled-release ler tlizers Atemauvo Water Soppy£curses • In areas with adopted basin management acorn plans ). • Capturing In sWrrmvater ponds for later use and some other designated areas.producers who implement • Utilizing reuse located wastewater)water for irrigation BMPs avid having to conduct costly wear qualitymonitoring. • Constructing troughs or tanks fora clean water supply to prevent • BMP participation demonstrates agriculture's commitment to health hazards water resource protection and helps maintain support for this Prescribed Grazing alternative approach • Grazing on established forage heights to maintain dant vigor, prevent soil erosionand maintain toil moisture levels How do I participate In BM Ps? • Incorporating flash grazing in established wetland exclusion areas 1. Schedule a meeting with a BMP team member,who will provide a td manage existing vegetation free FDACS BMP manual and other BMProtated information Water Resources Managerneut 2 Participate wrath the team member in a free assessment of your • Determiningtha general water requirements for primary forage operation.to determine which BMPs apply to you and improved pastures • Replacing dila oda ted voter control structures with structures that 3 FIIout BMP checklist and sign the Notice of Intent(11011 to match orginal apeaficetitins and use good sediment and control implement the BMPs measures 4 Keep a copy of the checklist and aigned 1101 in your records Wellhead Protection 5 Implement and maintain the applicable BMPs and keep adequate • Excluding kveutock wittsn a 75-foot rediru of potable wells records,to maintain a presumption of compliance with state • Constructing new welts up-gradient as far as preside from likely water quality standards pollutant sources such as petroleum storage tanks,septic tanks. 6. If you would like to rocerve a Certificate of Erentlment in BMPs, chiemal mixing areas,and livestock confinement facilities contact FMCS 011850)617.1727 or email Ag&nptlelpe FreshFromFlonda corn 18 Cie). 16D9 co Y county Exhibit "H" (Baseline Inspection Report) Caracara Prairie Preserve Baseline Inspection Report Inspector: Project Name: Acreage: Lessee: Purpose: Lease No. Status: County Funding Year: Inspection Date: Inspection Type: Inspection Questionnaire: YES NO NA Action Comments/Recommendations Required Has the land manager performed the lease area walk- through with the new lessee? Is the entire property perimeter fenced?If not,identify the portion remaining unfenced?Is there a new fence and gate plan requirement in place for the new lease? Are there any existing buildings on the property that were inventoried at the baseline(e.g.residences, buildings,barns)?If yes,provide the exact lat/long and photos representing the condition of each. Are there any pumps on the property?If yes,provide exact location(lat/long)and photos representing condition of each. Are there wells on the property?If yes,provide exact location(lat/long)and photos representing condition of each. Is there any personal property on premises?If yes, provide exact location(lat/long)and photos representing condition of each. Is there any evidence of unauthorized mowing, vegetation removal,vegetation maintenance methods and land clearing,dredging or filling activities in wetlands from the previous lessee?If yes,provide exact location(lat/long)and photos representing condition of each. Is the leased area free of refuse/garbage/litter?If no, provide exact location(lat/long)and photos representing the condition of each. LESSEE's Acknowledgement and Signature: Date: 19 1609 Co ev County Exhibit "H" (Baseline Inspection Report- continued) Caracara Prairie Preserve Baseline Inspection Report Inspector: Project Name: Acreage: Lessee: Purpose: Lease No. Status: County Funding Year: Inspection Date: Inspection Type: Action Inspection Questionnaire: YES NO NA Comments/Recommendations Required Is there any evidence of spills of contaminants, hazardous/toxic substance that requires dean-up or remediation(e.g.petroleum products,pesticides, fertilizers,animal vaccinations,and parasite control parmaceuticals}? Are there any fuel tanks(above ground or below)on the property?If yes,provide exact location(lat/long) and photos representing the condition of each. Is there evidence of unauthorized activities such as trespass,vandalism,squatting,etc.If yes,please document/photograph activities. Are the public facilities(parking lots,trails,trail signs, blaze posts)in good condition?If no,document the condition and provide photos. LESSEE's Acknowledgement and Signature: Date: 20 Golfer County 1 6 D 9 Exhibit "I" (Public Hiking Trails at Caracara Prairie Preserve) Cypress Dome Hiking Trails CREW Land&Water Trust www.crewtrust.org •239/657-2253 SFWMQ Lands Wild Coffee Trail-0.9 miles Yellow Loop-1.4 miles White Trail-0.8 miles Green Loop-1.4 miles d Blue Shortcut — — —Service Road ' ew Q Parking •1 � '"di"'"'-'CREWS - FT 4 ,;a s pQ ; GPS:N26"27.387,W 81`33.712 t' moi _��� ` CR 71 850 — •_ __ i r r r F6' i 1 *�._ * * Caracara Prairie Preserve Hiking Trail Conservation Collier k * ** www.colliergov.net •239/252-2957 i1 ' Caracara Prairie Preserve r Red Loop-2.6 miles &CRE WJ Blue ShortcutN �`tw„`•T^•' ' * .” .. Service TN � _ Service Road w�e G,,C CON t A«IO,En ii r • Kissing Gate a !a)111 NO1 -* 0 500 1,000 Feet �iI I I Scan the QR code -' . El fora self-guided tour .It', F of the trails. 0— 1 _ . 21 1609 Co. ev County Exhibit "J" (CREW WEA Hunting Regulations) For information regarding area hunting regulations and season dates, please reference the FWC CREW WEA regulations brochure at: http://myfwc.com/hunting/wma-brochures/s/crew/ 22 Q