Agenda 04/26/2022 Item #16D 4 (Rent w/Labelle Ranch, Inc.)
Proposed Agenda Changes
Board of County Commissioners Meeting
April 26, 2022
Amend item 17A: Golden Gate Golf Course MPUD, modification to Exhibit F, List of Development
Commitments, of the PUD, Exhibit F.5.A. to clarify the County Utility easement width and infrastructure as
follows: “The Owner shall convey a County Utility Easement (CUE) and declaration of restrictions of CUE to the
Collier County Water-Sewer District for infrastructure through the property. The CUE and declaration of
restrictions of CUE shall be 30 feet in width and shall extend from a point on Collier Boulevard (CR 951) to the
northwest corner of the PUD.” (Staff’s Request)
Continue item 16A15 to the May 10, 2022, BCC Meeting: Recommendation to approve a First Amendment
to Agreement No. 20-7731, “Collier Area Transit (CAT) Shelters and Amenities Purchase,” with Brasco
International, Inc. allowing for a price adjustment necessitated by increased material costs impacting the
acquisition of materials for new and existing bus shelters. (All Districts) (Staff’s request)
Continue item 16B1 to the May 10, 2022, BCC Meeting: Recommendation that the Board of County
Commissioners, acting as the Community Redevelopment Agency Board, suspend the Bayshore Gateway
Triangle Community Redevelopment Area Commercial Building Improvement Grant program and decline
the application submitted by G&C Shadow, LLC, in the amount of $30,000 for the property located within
the Bayshore Gateway Triangle Community Redevelopment Area at 3400 Tamiami Trail East. (District 4)
(Commissioner McDaniel’s request)
Continue item 16D4 to the May 10, 2022, BCC Meeting: Recommendation to approve and authorize a
reduction of $1,968.83 per lease year totaling $3,937.66 over two (2) years for the Caracara Prairie Preserve
Cattle Lease Agreement 2021-2022, and 2022-2023, rent payment with Labelle Ranch, Inc., under the
Conservation Collier Program. (Caracara Prairie Management Fund 674) (District 5) (Commissioner
McDaniel’s & Commissioner Taylor’s separate requests)
Continue item 16G1 to the May 10, 2022, BCC Meeting: Recommendation that the Board of County
Commissioners, acting as the Airport Authority, award Invitation to Negotiate No. 19-7664, “Immokalee
Regional Airport Hangar/Commercial Aeronautical Development,” and authorize its Chairman to sign the
attached Collier County Airport Authority Leasehold Agreement for Hangar Construction with Collier
Mosquito Control District for the construction of hangars at the Immokalee Regional Airport (District 5)
(Commissioner McDaniel’s request)
Note:
4.E. Proclamation designating May as National Trauma Awareness Month. This proclamation will be mailed to
Sally Kreuscher, Community Programs Coordinator, Lee Health, who, due to unforeseen circumstances, was
unable to attend today.
4.G. Proclamation designating May 1 – 7, 2022, as National Correctional Officers Week. To be accepted by
Undersheriff Jim Bloom, Chief Mark Middlebrook, Captain DaReece Canady, Director Katina Bouza, Lieutenant
Mike Goldhorn, and Collier County Corrections Officers.
Time Certain Items:
Item 9A to be heard no sooner than 1:00 PM – Growth Management Plan Ordinance amendment related to
the Rural Fringe Mixed Use District Restudy.
Item 11D to be heard at 10:30 AM – Response to correspondence received March 25, 2022, regarding the
Riviera Golf Course Conversion.
4/26/2022 8:59 AM
04/26/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize a reduction of $1,968.83 per lease year totaling
$3,937.66 over two (2) years for the Caracara Prairie Preserve Cattle Lease Agreement 2021-2022,
and 2022-2023, rent payment with Labelle Ranch, Inc., under the Conservation Collier Program.
(Caracara Prairie Management Fund 674)
OBJECTIVE: To reduce the annual cattle lease rent payment for 2021-2022 and 2022-2023 at Caracara
Prairie Preserve in response to a boundary fence replacement project requiring the temporary removal of
cattle from the property.
CONSIDERATIONS: The Caracara Prairie Preserve Cattle Lease Agreement with Labelle Ranch, Inc.
was approved by the Board of County Commissioners (Board) (Agenda Item #16D9) on January 8, 2019.
The agreement commenced on March 1, 2019, for a term of five (5) years with an option to renew for two
(2) additional terms of one year. In the agreement, the lessee is responsible for paying an annual rent
payment of $7,875 for grazing up to thirty-five (35) Animal Units (AU) within the preserve as well as
providing an annual mowing service of 205 acres.
Cattle grazing on the Caracara Prairie Preserve is a land management tool utilized at the preserve to
maintain habitat conditions for imperiled wildlife species including the Florida panther, Florida gopher
tortoise, Florida sandhill crane, and crested caracara. A five-string barbed wire fence, constructed decades
prior to the Collier County acquisition, surrounds the boundary of the preserve to contain cattle a s well as
to provide site security. As a result of age and damage from natural events, the western boundary fence
line has deteriorated significantly beyond a maintenance stage for repair, and no longer effectively
contains cattle despite numerous repair attempts by the cattle lessee and County staff. In December of
2021, staff implemented a boundary fencing repair project to solicit quotes for the replacement and repair
of the western boundary fence. A total of five (5) solicitation attempts produced three (3) bids, and a
selection was made of the lowest bidding vendor in March 2022. The selected fence vendor estimates the
boundary fence repair project at Caracara Prairie Preserve will be completed by June 2022, at which time
the property will be capable of containing cattle.
Throughout the fence project repair planning and solicitation process from December 2021 to March
2022, the lessee responded to numerous instances of cattle escaping through the deteriorated boundary
fence and provided fence repairs where possible as required by Article 5 of the Lease. On February 8,
2022, the lessee was served with an official warning from the Lee County Sheriff’s Office for repeated
failure to contain the cattle with fines levied for subsequent violations or reports of un-contained cattle.
Upon receiving the official warning and with no way to ensure that the violation would not occur again
given the existing fence deterioration, the lessee hired staff to round up all cattle from the preserve,
transport cattle to an off-site premise, and provide supplemental feeding to sustain the cattle now placed
in a temporary location until the boundary fence repair project can be completed.
On February 22, 2022, Collier County staff received an electronic request from the lessee to reduce the
annual lease payment in light of the unanticipated cost Labelle Ranch, Inc., has incurred as a result of the
boundary fence failure as a result of travel to the site for repeated repairs and uncontained cattle round -
ups prior to and during the fence repair solicitation period, hiring additional staff to complete the full
cattle round-up, transporting the cattle to an off-site location, and purchasing supplemental feed to sustain
the cattle while the herd has been temporarily removed from the property during the fence repair project.
As a response to the request and additional costs incurred by the lessee for the six (6) months between
December 2021 and June 2022, staff is recommending a limited reduction of the annual rent payment for
the 2021-2022 lease of $1968.83 and a limited reduction of the annual rent payment for the 2022 -2023
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lease period of $1968.83. These values correspond to the per month rental value ($656.23) x six (6)
months of impact due to fence condition across two (2) lease periods of March 1, 2021 - February 28,
2022 and March 1, 2022 - February 28, 2023.
FISCAL IMPACT: Rent under the current lease agreement generates revenue of $7,875.35 per year for
the Conservation Collier Program for at least five (5) years. The agreement also requires the cattle
operator to mow 200 acres of improved pasture annually - a land management service currently valued at
approximately $3,000. The mowing requirement has been completed for 2021-2022 by the lessee. The
proposed adjustment to the cattle lease rent payment for 2021-2022 and 2022-2023 to $5,906.52 will
result in a reduction of revenue of $1,968.83 annually or $3,937.66 over two (2) years.
LEGAL CONSIDERATIONS: Article 5 of the Lease requires Lessee to maintain all fencing and gates.
It does not require Lessee to replace the fencing and gates. This item is approved for form and legality
and requires a majority vote for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support
appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation
and Open Space Element of the Collier County Growth Management Plan.
RECOMMENDATION: To approve a 3-month reduction to the 2021-2022 and 2022-2023 rent
payments due by Labelle Ranch, Inc.
Prepared By: Molly DuVall, Senior Environmental Specialist, Parks and Recreation Division
ATTACHMENT(S)
1. Caracara Prairie Preserve Cattle Lease (PDF)
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04/26/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Doc ID: 21728
Item Summary: Recommendation to approve and authorize a reduction of $1,968.83 per lease
year totaling $3,937.66 over two (2) years for the Caracara Prairie Preserve Cattle Lease Agreement
2021-2022, and 2022-2023, rent payment with Labelle Ranch, Inc., under the Conservation Collier
Program. (Caracara Prairie Management Fund 674)
Meeting Date: 04/26/2022
Prepared by:
Title: – Public Services Department
Name: Todd Henry
03/17/2022 2:51 PM
Submitted by:
Title: Department Head – Public Services Department
Name: Tanya Williams
03/17/2022 2:51 PM
Approved By:
Review:
Public Services Department Melissa Hennig Additional Reviewer Completed 03/18/2022 8:03 AM
Parks & Recreation Summer BrownAraque Additional Reviewer Completed 03/18/2022 8:46 AM
Parks & Recreation Olema Edwards Additional Reviewer Completed 03/24/2022 3:58 PM
Facilities Management Michael Dowling Additional Reviewer Completed 03/25/2022 4:19 PM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 03/29/2022 1:14 PM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 03/29/2022 3:25 PM
Facilities Management Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/30/2022 10:22 AM
Public Services Department Tanya Williams PSD Department Head Review Completed 03/30/2022 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2022 10:31 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/30/2022 11:17 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/11/2022 3:35 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/20/2022 11:05 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM
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16.D.4.aPacket Pg. 965Attachment: Caracara Prairie Preserve Cattle Lease (21728 : Caracara Prairie Preserve One-Time Cattle Lease Payment Reduction)
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