Agenda 08/08/2023 Item #16D7 (To provide for public access to waterways located at Caxambas Park)16.D.7
08/08/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the submittal of a five-year Sovereignty
Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida at Caxambas Park with an effective date of April 6, 2023.
OBJECTIVE: To provide for public access to waterways located at Caxambas Park.
CONSIDERATIONS: Sovereignty submerged lands include areas such as tidal lands, islands, sandbars, shallow
banks, and lands waterward of the ordinary or mean high water line beneath tidally influenced waters. In order to
provide water access at Caxambas Park, the County was required to enter into a Sovereignty Submerged Lands
Lease (Lease).
On April 6, 1993, the Board of County Commissioners (Board) entered into a Lease with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida for the County use of the submerged land abutting
Caxambas Park. The County and State have successfully maintained the Lease for thirty years.
On December 10, 2019, Agenda Item #16D1, the Board approved a Sovereignty Submerged Land Lease Renewal
(April 6, 2018 - April 6, 2023) for Caxambas Park.
On May 23, 2023, Parks and Recreation received the five-year Sovereignty Submerged Lands Lease Renewal
(April 6, 2023 - April 6, 2028) document from the State. The lease authorizes the County's continued use and
operation of a boat ramp, fishing pier, and 11-slips for public docking (includes 1-slip for an emergency fire and
rescue vessel) at Caxambas Park. The state has identified the start date for this lease as April 6, 2023.
FISCAL IMPACT: Funds are available within Parks and Recreation General Funds (001), Marina Park Operating
Cost Center (156364) for the annual lease fee of $2,142.20.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this request.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
approval. -CMG
RECOMMENDATION: To approve and authorize the Chairman to execute the submittal of a five-year
Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida at Caxambas Park.
Prepared By: Michael Ossorio, Regional Manager, Parks and Recreation Division
ATTACHMENT(S)
1. Caxambas Park Land Lease Renewal - Stamped (PDF)
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16.D.7
08/08/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.7
Doe ID: 26122
Item Summary: Recommendation to approve and authorize the Chairman to sign the submittal of a five-year
Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida at Caxambas Park with an effective date of April 6, 2023.
Meeting Date: 08/08/2023
Prepared by:
Title: — Public Services Department
Name: Todd Henry
07/13/2023 3:31 PM
Submitted by:
Title: Department Head — Public Services Department
Name: Tanya Williams
07/13/2023 3:31 PM
Approved By:
Review:
Unknown
Operations & Veteran Services
Public Services Department
Public Services Department
Office of Management and Budget
County Attorney's Office
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Ossorio
Additional Reviewer
Completed
07/14/2023 1:17 PM
Jeff Weir
OVS Director Review
Completed
07/17/2023 8:18 AM
Todd Henry
PSD Level 1 Reviewer
Completed
07/17/2023 3:12 PM
Tanya Williams
PSD Department Head Review
Completed
07/31/2023 10:34 AM
Blanca Aquino Luque Level 3 OMB Gatekeeper Review
Completed
07/31/2023 1:30 PM
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed
07/31/2023 4:09 PM
Colleen Greene
Additional Reviewer
Completed
08/01/2023 11:50 AM
Blanca Aquino Luque Additional Reviewer
Completed
08/01/2023 1:12 PM
Dan Rodriguez
Level 4 County Manager Review
Completed
08/02/2023 4:01 PM
Geoffrey Willig
Meeting Pending
08/08/2023 9:00 AM
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16.D.7.a
This Instrument Prepared By:
Kathy Griffin
Action No. 47252
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 RENEWAL
BOT FILE NO. 110534215
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 as defined in 18-21.003, Florida Administrative
Code, contained within the following legal description:
A parcel of sovereignty submerged land in Section 20,
Township 52 South, Range 26 East, in Caxambas Pass,
Collier County, Florida, containing 10,754 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 from April 6, 2023, the effective date of this lease
renewal, through April 6, 2028, the expiration date of this lease renewal. 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 an 11 slip public docking facility (includes 1 slip
for emergency fire and rescue vessel) a concrete boat ramp and fixed shore parallel fishing pier to be used exclusively for the
launching and temporary mooring of recreational vessels and a Coast Guard auxiliary vessel in conjunction with an upland park
with a concession and bait shop business, with 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 27, as shown and conditioned in Attachment A, and the
State of Florida Department of Environmental Protection Noticed General Permit No. 11-0191321-001, dated March 22, 2002,
and Consolidated Environmental Resource Permit No. 11-0191321-003, dated May 16, 2008, incorporated herein and made a
part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease.
[021
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2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of $2 142.20, 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.
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(32), 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 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. (C) The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to
transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits
the required Annual Wet Slip Revenue Report to the Lessor. Any breach of this lease condition shall constitute a default under
this lease.
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
it(s) referenced in
those activities specified herein and as conditioned by the permn(g., from
co 1 of this lease. The Lessee shall not
(i) change or add to the approved use of the leased premises as defined herein e. 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.
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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.
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory
evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, 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. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of
this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert
a claim or defense against the Lessor arising out of this lease. 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 any 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 time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
11. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its
expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of
that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to
time, or any other law providing limitations on claims.
12. 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 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
Attn: Mr. Christopher Harmon
15000 Livingston Rd
Naples, FL 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.
13. 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.
14. 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.
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15. 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.
16. 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.
17. 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.
18. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease
and terminate.
19. 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 the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process.
The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. 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 the
Lessee and the Lessee's successors in title or successors in interest.
20. 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
12 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.
21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20
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.
22. 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.
23. 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.
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24. 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.
25. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee
shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the
construction and/or activities authorized herein that may be required by the USACE 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.
26. 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.
27. 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.
28. 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.
29. FINANCIAL CAPABILITY: To assure the Lessor that the Lessee has the financial capability to undertake and operate
the project authorized by this lease, the Lessee certifies to the Lessor as follows: (i) the Lessee is not the subject of a pending
bankruptcy proceeding that would prohibit the Lessee from paying its lease fees, on or before the due date, with or without, as
applicable, approval from the bankruptcy court or, if appointed, the bankruptcy trustee; (ii) the Lessee has no unsatisfied
judgments entered against it that would impair the Lessee's financial capability to undertake and operate the project authorized
by this lease; (iii) the Lessee has no delinquent state and local taxes for which it is responsible and that remain outstanding and
not in dispute; and (iv) to the best of the Lessee's knowledge, there are no other matters pending or threatened against or affecting
the Lessee or the Lessee's interest in the riparian upland property that would impair the Lessee's financial capability to undertake
and operate the project authorized by this lease. Any breach of this lease condition shall constitute a default under this lease.
30. 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. The docking of any vessels, on either a temporary or permanent basis, is prohibited and the pier shall be used solely for
passive recreational activities, such as fishing. To ensure compliance, the Lessee shall place and maintain, during the term of
this lease and all subsequent renewal terms: (1) a guard and intermediate rail(s) consistent with state or local building code(s) or
a 4-foot high railing and 2-foot high intermediate railing around the entire perimeter and (2) signs advising boaters that mooring,
on either a temporary or permanent basis, is prohibited.
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C. 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.
D. During the term of this lease and all subsequent renewal terms, Lessee shall maintain permanent manatee educational
signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat
operation and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure
that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these
signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and
Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street - 6A, Tallahassee, Florida
32399-1600 (Phone 850/922-4330).
[Remainder of page intentionally left blank; Signature page follows]
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IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written
WITNESSES:
Original Signature
IM
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
Brad Richardson, Chief, 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 by means of physical presence this day of
20 by Brad Richardson Chief 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 SI,;BJECT TO PROPER EXECUTION:
S/12/2023
DEP Attorney Date
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Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial N
(7CA
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16.D.7.a
Collier County, Florida
WITNESSES: By its Board of County Commissioners (SEAL)
BY:
Original Signature Original Signature of Executing Authority
Rick LoCastro
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
Chairman
Original Signature Title of Executing Authority
Typed/Printed Name of Witness
STATE OF
COUNTY OF
"LESSEE"
The foregoing instrument was acknowledged before me by means of _ physical presence or _online
notarization this day of , 20 , by Rick LoCastro as Chairman, for and on behalf of the Board of
County Commissioners of Collier County, Florida. He is personally known to me or who has produced
as identification.
My Commission Expires:
Signature of Notary Public
Notary Public, State
Commission/Serial No. Printed, Typed or Stamped Name
proved as to form and legality j
a:Assistant
ATTEST Coun
CRYSTAL K. KINZEL, CLERK County Attorney
r
w
BY: Q
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Page 10 of 15
SSL NO.110534215
(E)
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Page 11 of 15
SSL NO. 110534215
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Page 12 of 15
SSL NO. 110534215
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Attachment A
Page 13 of 15
SSL NO. 110534215
CAO
Packet Pg. 549
16.D.7.a
nt rr(la Cy.
U U d 3 U f t 5 1963 NOy PM 2, 4 wig 2 LI;i
AM"1. L -TON, Esa.
CGit:°P. COUNTY3250 S. W. A--
REL6: _-*r4ARR,INTX DYED t1!amh Fioridu 33139
TBIS INDENTURE, made this+,. day of October, 1983,
A.D., between THE DELTONA CORPORATION, a. Delaware corporation,
lawfully authorized to transact business in the State of Florida,
party of the first part, and COLLIER COUNTY, a political ,.
subdivision of the State Of Ploaida, whose mailing address is
Collier County Courthouse, Naples, Florida, 33942, the party of
the second part.
W I T N R S S E T.R
That the party of the firstpart, for and in consideration
of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE
CONSIDERATION, to it in hand paid by the said party of the second
part, the receipt whereof, is hereby acknowledged, has .granted,
bargained and sold to the said party of the second part, its
auccest..+rs and assigns forever, the following described land
situate, lying and being in the County of Collier and State or
Florida, to -wit:
THAT PART OF:
TRACT "B" OF HARCO BEACH UNIT TEN, according
to the plat thereof, as recorded in Plat Book
6, Pages 74 through 79 inclusive of the Public
Records of Collier County, Florida and being
more particularly describedas follows:
B^GIN the Southwest corner of said Tract "S"
for the POINT OF BEGINNING of the parcel of
land hereinafter described; said point being
on the :asterly right-of-way line of Collier
Court, as shown or. said plat of Harco Beach
Unit Ten; run Ibence N17"38134"E along said
easterly right -or -way line for a distance of
326.58 feet; thence leaving said Easterly
right-of-way line, 372^21'2G"E for a distance
of 704.21feet to a point on the Easterly
boundary of said Tract "B"; thence SlV25'00"W
along said Easterly boundary for a distance of
102.58 feet to the Southeast corner thereof;
thence run the following courses along the
Southerly boundary of said Tract •8", West for
a distance of 269.00 feet; then S65^22'17"W
for a -distance of 212.44 feet; thence
W72^21.25"W for a'distance of 300.00 feet to
the Point of Beginning.
Containing 4.00 acres, more or less.
This deed is executed subject to the following terms and
conditions:
1. Ad valorem taxes and all assessments, if any, for the
year of 1983.
2. Existing zoning and all easements, restrictions and
reservations of record.
.;A
O.E,P-
Attachment B
Page 14 of 15
SSL NO. 110534215 PIP10)
Packet Pg. 550
16.D.7.a
1. it is a cor.._tion of this conveyance that the - rer cy
herein described be. used only as a boat launching area
r=
".
to provide public access to adjacent navigable wetars_
p �
in the event the party of the second, it successors or
�«-
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assigns fail to use the property herein described a
W
boat launching area, then in that event, the party of
o .Q
the first part may at anytime during the next twenty
crs
(20) years, re-entei and retake the property herein
described.
And the said party of the first. part, does hereby fully
V
warrant the title to said land, and will defend the same against
the lawful claims or all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has
�4
caused these presents to be signed in its name by its authorized
officers and its cocposata seal to be affixed the and year above
aiy
written.
signed, sealed and delivered in THE DF.LTONA CDRPORA
i..
the presence of
._
ATTES:,._...y..'�+r=Y'�......
_..
corporate Secretary
STATE OF FLORIDA }
e,4 )
COUNTY OF DADE
I HEREBY CERTIFY., that on this .5 -� day of October, 1983
before me personally appeared FRANKE. MACKLE, III and MICHELLE
IL GARBIS, President and Corporate Secretary respectively, of THE
_ DELTOKA CORPORATION, a corporation under the laws of the State fo
CORPORATION,
Delaware, authorized to transact business in the Stake of
Florida, to me known to be the persons who signed the foregoing
instrument as such officers had acknovledged the execution
k , thereof to be their free acts and deeds as such officers for the
uses and purposes therein mentioned and that they affixed thereto
the official seal of said corporation, and that said In,
is the act and deed of said corporation_
WITNESS my hand and official seal at Miami, in the County pf
Y!. Dade and State Of Florida, the day and �—c last afor'eoaid.
..
Florida at ,4,sis'r+
h.
.,.'r;,A`y fr}�;;rac`,=•..
My Commission Expires:
C
P1OTAeY RAUC 3t AtF of ftCd&;tla AT11WA_
6S
MY tWx MtSSi OrI F%ti rEi AVG tS I90,4&4
eo':ao ,u ct»'xAl iHs . w.ornwrlras
'F h
Received
tjo u_nentory Stomp Tox
; 1
CoMer County, ficrido
-
Williom J. Reogon, Clerk
P.C.
Ee
Attachment B
Page 15 of 15
SSL NO. 110534215
;TICi
OCAO
Packet Pg. 551