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Backup Documents 08/08/2023 Item #16D 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 he 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. ** 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. Public Services/ Parks & Recreation JH 8-21-23 3. County Attorney Office County Attorney Office M - �Iaala3 4. BCC Office Board of County CT Commissioners 5. Minutes and Records Clerk of Court's Office thAi9%SIC 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 o e addressees above may need to contact staff for additional or missing information. Name of Primary Staff James Hanrahan/Parks and Recreation Phone Number 239-252-4067 Contact/Department Agenda Date Item was 08-08-2023 Agenda Item Number 16.D.7 Approved by the BCC Type of Document(s) -Release Renewal Number of Original 1 Attached _ Documents Attached PO number or account 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) Applicable) 1. Does the document require the chairman's signature?(stamped unless otherwise stated) JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by JH 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 JH 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 JH 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 signature and initials are required. - 7. In most cases (some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is uploaded to the agenda. 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 08-08-2023 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney `l an option for Office has reviewed the changes, if applicable. (,fig this line. 9. Initials of attorney verifying that the attached document is the version approved by the / N/A is not v BCC, all changes directed by the BCC have been made, and the document is ready for the jre pp option for Chairman's signature. ne. I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 16U 7 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, August 24, 2023 10:02 AM To: HanrahanJames Subject: BOT File #110534215 - Sovereignty Submerged Lands Lease Renewal Attachments: James Hanrahan.pdf Hi James, Attached is the referenced document. Please forward to for signature and then return a fully executed copy to our office. To be kept as the part of the Board's Official Records. Thank you, Martha Vergara BMR &VAB Senior Deputy Clerk cOT COURT Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com x Office of the Clerk of the Circuit Court *�r�, ' & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 1 6 D 7 memo To: Madison Bird From: James Hanrahan Date: 08-21-2023 Re: Caxambas Lease Agreement Comments: Please send the original signed agreement to James Hanrahan for him to forward for the State's signature. 15000 Livingston Road Naples,Florida 34109 16D 3 `QP pEPARTME FLORIDA DEPARTMENT OF Ron GeSantls ° Environmental Protection Jeanette Nunez T z 0 Lt Govemor °0ti 0�4,� Marjory Stoneman Douglas Building Shawn Hamilton MENTAL of 3900 Commonwealth Boulevard Secretary Tallahassee,FL 32399 October 18, 2023 Collier County, Florida Attn: Ms. Martha Vergara, Deputy Clerk 3299 Tamiami Trail East, Ste. 401 Naples, FL 34112 Instrument No. 110534215 Lessee: Collier County Dear Ms. Vergara, Enclosed is a fully executed original Lease Agreement for your records. The original Lease Agreement, at your discretion, may be recorded in the official records of the county where the site is located. If the billing agent,phone number, or fax number change, or there is a change in tax status, please notify the DIVISION OF STATE LANDS,REVENUE SECTION in writing within 30 days of the date of any change. Thank you for your assistance and cooperation in this matter. Should you have any questions, please contact me at(850) 245-2758 or Kathy.Griffin@FloridaDEP.gov. Sincerely, athy Gri fin Bureau of Public Land Administration Division of State Lands State of Florida Department of Environmental Protection Enclosures Cc: File 16 © 7 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. [02] CAO 16D 7 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of$2,142.20,plus sales tax pursuant toin 30 ays of receipt of this y executed Section 212.031,of da shall be adjusted tatutes,if pursuant licable, hto provisions of Rule 18-21.011,Florida Administrative alive Code.e annual ee for the The The State ofremainingFlorida years tme this lease of Flod 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 ice r the ce in ) f this lease,the Lessor shall used by send e Lessee a the Lessee to transfer or emental assigngn hoe right to usena wet sl p at the dockinhe amounts for g facility tot lease gr.a third The instrument or agreement 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 those activities specified herein and as conditioned by the permit(s)referenced in paragraph 1 of this lease. The Lessee shall not (i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. Page 2 of 15 CAO SSL NO.110534215 16D 7 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 termer of this lease,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21,004 3 ,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. Page 3 of 15 CAO SSL NO.110534215 16D 7 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. Page 4 of 15 SSL No. 110534215 CAO 16D 7 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. Page 5 of 15 SSL NO.110534215 CA0 16D 7 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] Page 6 of 15 CpO SSL NO. 110534215 16D 7 IN WITNESS WHEREOF,the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness 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 Original Signature of Trustees of the Internal Improvement Trust Fund of the State of Florida. Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON 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 SyBJEFT T PROPER EXECUTION: ."141 5/12/2023 Notary Public,State of Florida DEP Attorney Date Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. Page7of15 CAO SSL NO.110534215 16D 7 Collier County,Florida WITNESSES: By its Board of County Commissioners (SEAL1 BY: / Original Signature Original Signaturecuting 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 "LESSEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of 'physical presence or _online notarization this o2c day of U U6f ,20 23,by Rick LoCastro as Chairman,for and on behalf of the Board of County Commissioners of Collier CouneFlorida. He is per nally known to me or who has produced as identification. My Commission Expires: OC-+Ob — / 2.0Z5 Signature of Notary Public Notary Public,State of 'ROC/d Q I i c Cot pizZ1 Commission/Serial No.N N I`4 y 32dI Printed,Typed or Stamped ame 44:+►, ,, AIXAJ.CAPI7ZI MY COMMISSION#HH 144329 ` EXPIRES:October 4,2025 0 Bonded Thtu Notary Public Underwriters Appro c as to form and legality P 7171 ATTEST t; , ' ••. fe, C5 CRYST .K.K 7 :L?Xt. { Assistant Count Attorney BY: Attek.a.s.tc C l•anan's IE a si64,1i,ture S SL"NO rfiY34215 �A� 16D 7 �"a .0 r '?3,is Eve i,'`�� fiYl�w 'c. < '4 �� : d b t �' , > i td1 r'�'� 7'.' r•,a r t :,'{ » r * ,'' , ''"Et 'a� 4 c r ,' iy!4A t ,r �. .i,-:: :';',";t4' :''.t-:' ,-,9*1**:': I * �a "" �arF aye a 'S!, I w"W�`i' '40)' ".,'.�t'�',Dk „fc' t r : r t', - A , j ` 4.� � ., : bfn;.4- . /"s'ri�, v ;f4 R 4,4tti �� f • A ./ g g Dq € �' a �.,� �N ew.,g ,, .b r :4 ° r.Ka ak Marco' ,.-. - ."� € r" ;�, f,d 4 :', _ ,/'{ ,' € • M�,,»f i 64.,,alS&T011fS� -"sR w is� , fvF SI ' 4 �"� r a 4 a Xlhf -4.. ) v f_� 4 ,� .: i 1 r.�,E ,� ,. „D�" k ,.�* j MwY •m r '' n .e 1 s ,� a . j,,,, r ,! r D 3• -Z Y 7 o�Sa s, ask rt L• • "'!..pr••/ .. .. t� /' .,,44,' l R t, / , t1 tp / ' ,: �< »,. ; 'r' }` �E �{€ L`♦ Otf t e moo � ,r` ' d ,M1 ,s,; � � a r„,t c` ` a t4� �� C;yy}� 1 v�Z WI t r ry :,k vyw IS w .' ar atat - S b t "� r it�-w rr«4 f**t R .r 4 �a TD r >, }�!# :;,_:.�' �. �s' +4`l i e y. !4` a %.,1 *t;w. -, { k �r { y � ' ', i r,,x antra t s rD `' ,Yy}k 4ep $D'�tr 3�,{_i'� - € x �!' _ ai E E y t�4r'�T;#1i ' ��3 �t 99�s n w p i�� 7C f 4 t r9 �"S rI" •. 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Cr y� b'7 IL: Ct7 " > m r v >c> c L O ;C7 ye L ✓. ++.v A'" t �J N a .`�CJ "r<7 +, m .yo v> ., > y camc.�, Cy3 q, —� ,' fn g v z, > > C C GS HnZ ° 4 x L' ) 6:rs,--r u , v ,>. > 9 -01 2 i 4: , a n7 Cs7 N k r y /" rI',x Z1 71 14 ,,,..1Ap ., Attachment A CAO Page 10 of 15 SSL NO.110534215 16D 7 n 5A20055/35\20005735•.'.C* .to 4),Jo 02. 2005 - 2:59prn 4,0 r r tr Qgp g 7 x T w m ---4 m gy .F: ry i0 4,d p 5Q4q�'F, B`J w "j?a N p m<m R m n ,co g E E �' ,- O n a° u o 8 f-- u 6.3ka 2 �P�'.4, �� �9 8. ^i I—I 444 ,¢E' N j ...g S" = 8 4' _ "8 ;R ��11 e: St$ 0 T m 3 ti Q ~ tii�Z qfi a s m q W S N 0 mg0 HIIIHHFUII $ k 1 $ , ,, ,,mmO O fi - ' f, 20°NN$ gu55'5-6 SSRRop> P1'mm3 g $8S M Sm= rvK. ryrymsn 4 � C, $;pn � ._ � _ D � � � N�3g2O N 9 Nc —mdO- S p... } qil m m 2 o u m cp g n m R>ry, mR t.S,2 ,g m L ro AmU a Z=2 T. +f _ 3K 1,,1 5 a 8` O m r' ll �„ &a 'u—gym Ran'nq �fitia �+g _z Sn 3. op�'o,�+. m n m tl 1R SSN jP:I o �7�++ T':4�^ 6 2. -r "o"'v y 2,g m 3 ¢PPll!P 3 = W8uR a Q ! tJItq iv om8J • t2. t ate 'Sw g4 _? m $ = sas3C ug � 8 � "d3R my c u t g. =� b 'n H C l' 4 Pic)4 0 m Ta° CC s rn 11 %'7 ti = o m rc .. C Q w v mm 0 t, -.1 m0 Attachment A Page 11of15 SSL NO. 110534215 CAO 16D 7 n S'\V:4:4 35\20055 OS cc.a. ret 3) ..an 07, 700L '• 2H m 9p .o n r .----„______„ti 1i, s iri. ___ t W t ila':. 8 ",:-• g si--------;-........ ,r,„.,..,,,.-:.„,..? \,. p �' q ,,i3O. ru. `"'y am.. — Y'`c��QC ,t,.Ag4 tx tr<rr i,..„„a°> J - y J,.�" u 2>REFK m"�g A$ �„s2� :! Q . w ' LL • M r3 b P C ,yj�{ / �O y4 tr. c / c t9 JW r t '1Q Al z ; 'R7 r, — It� ' g tai K^LJ ; Sa � b pi A) I;A 1 ,T, D i ...., 1.,- i 4''.--€4,0 _,..., i N;Na„f a:6P4' / 0cJ �p<7 or g�8 46:4, S 0 4 �~ g rlllJ a .. 7 '7 .`{o0.0p E ,� � AN �`o- � �1 =Q �.. m h. c w� z h �Of4 Cy S A(Y • e. '$ f,a ,4j ` CS �4 ` G a...'. d Fri kEEiT Ki `` � `... / 1 Attachment A Page 12 of 15 SSL NO.110534215 clx0 16D 7 , S:\2005935\20055735.a.a, .<72) rip:on Cl, 2009- 2:49pm �0 ,E \ \ \.� E -8 \ �' \.— F g9 y i `�'�... / F �,\ kN F6• T a €l y �/ J Y1 ,,,.._ / i) -Z l _` f '' /- $gS e I C 0 P —"� U m �� 'It i 'i 2. s -e 'f ....ra,, 1 - ---.4_,„ ,,,.„.„...,... ......__. ...... `�� 1 �ftQa CAXAM8A5 PASS ,- w �4 8� c'qsA 11 u•.,G C:..a r '''R40,R j 0 ;Z:B6r. ,.: ,,,41 141 ,wti?fl` yo. - m ik e c I a 7S.$N� .�y� r n a e 00 n t., 1 ���rer ,-2 Q o q C7 S{f !S 5 1V- Ygq2R x2 33 . S, :gig` IA R _ a n boys, 7`3�i ? e S� _ t£ K rn 'C \^V U7 n v b y RI 0 x r a 1\ -a >4 TI K O cmn $6 g c0] 2` \ E : o v� g .t m z s& ■f S -4- �n �� , Pl.< —§ i/i5 i.t Hi Y - y' r .-.13 Attachment A Page 13 of 15 SSL NO.110534215 ‘CAO 16D 7 U U tf y((5 w,roana CT f_,, . �963 NOv Pit 2:42 WILLIAM Iw.L" "'•ON, f:sg• F1"+�: ; 3250 S. W. Avenue Fg¢���',�: • CQ.. _F COUNTY Y`f�"'i'd REL�,..cGABRANTY DYED Id�emq Fie,al: J313g ry * DC:---:� TBIS INDENTURE, made this day of October, 1983, `i.'• '• Iirr�_ [E. ,� A.D., between THE DELTONA CORPORATION, a Delaware corporation, ;�j 1; . lawfully authorized to transact business in the State of Florida, YES: party of the first part, and COLLIER COUNTY, a political c, v,v_ � t1: c a^ 111 subdivision of toe State of Florida, whose mailing address is /x m %'= Collier County Courthouse, Naples, Florida, 33942, the party of e. Yr s the second pat[. `v UITNEPSEXR h: ; y r �. '', That the party of the first part, for and in consideration c� of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE -- tf' ''' CONSIDERATION, to is in hand paid by the eaid patty of the second ['rl �.. , ;C.:$v�.^ part, the receipt whereof,ia hereby acknowledged, naa granted, i bargained and sold to the said party of the second part, its c C t• sucees:.aca and assigns forever, the following described land f'"' r�,'a.. • situate, lying and being in the County of Collier and State off'!. Florida, to-wit: "'e...7 n' O THAT PART OF: µ ,, • 5TRACT "B" OP MARCO BEACH UNIT TEN, according ,•Yj", "' :i to the plat thereof, as recorded in Plat Book 1. 6, Pages 74 through 79 inclusive of the Public NN• � �e' I1 Records of Collier County, Florida and being Y fvFrd' awmore particularly described as follows; 4 BCGIN the Southwest corner of said Tract "8" Off for the POINT OP BEGINNING of the parcel of '',.-1.Si! land hereinafter described; said point being b• on the Easterly right-of-way line of Collier ,g Court, as shown on said plat of Marco Beach :may �J Unit Ten; run thence N17.38'34'E along said 'n; .'', • Eaaterly right-of-way line for a distance of • 326.58 feet; thence leaving said Easterly .t. Ufa right-of-way line, 972.21'26.E for a distance ,A 1 of 704.21 feet to a point on the Easterly 4` '�'^ `� boundary of said Tract 8"; thence S12.25'00'W `�' •-1:' y^ along said Easterly boundary for a distance of yy,*,�^, ' C 102.08 foot to the Southeast corner thereof; +;!7}":" `• 1 thence run the following courses along the +i ;u ''' s a dia zly boundary of id Tract 's", Weat !or t';/+t. ,L J a distanee of 209.of feet; then 565.22'1 thence i',t4 '7 for a distance of 212.s4 feet; thence C, N72.21'25•y,1 for a distance of 300.00 feet to 1 � the Point of Beginning. 'a`o; `: Containing 4.00 sects, more or leas. i�'7M .!14,'1'• This deed is executed Subject to the following terms and rk, .i conditions: ti, 1. Ad valorem taxes and all assessments, if any, for the -; � • year of 1983. fir, S.,9 t 2. Es ieting zoning and all easements, restrictions and '� .,.A.. I::: reservations of record. �'r A: JAM 413/4 r r fi$ D.E."r`." mi,' .istnct Attachment B Page 14 of 15 SSL NO.110534215 CN,O 16D 7 3. It is a tot.. .tion of this conveyance that the e. eerty d „ herein described be used only as a boat launching area ~ to provide public access to adjacent navigable waters. o r-a ' '• In the event the party of the second, it successors or = at:, assigns fail to use the property herein described a o i1�L' boat launching area, then in that event, the party of C. c* lag. the first pact may at anytime during the next twenty R um 1-`'. ., (20) years, re-enter and retake the property herein ' ,[i tt i described. f•.,r'9 And the said party of the first part, does hereby fully A,;, warrant the title to said land, and will defend the same against (;'.t° the lawful claims or oil persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has •d• caused these presents to be signed in its name by its authorized officers and its corporate seal to be affixed the and yea: above (is ;y written. ro o :,f I' t. f Signed, sealed and delivered in TIE DFI.TONA CDRYORATieki t .",/ rn .-a ha the presence o£ ' c �-^ is 'c`�v� a;�y,-y1�_w\_v..... DY T1 7•M CKi.k, i�Q t".-,$'' F.• I i ns ident, "77 :. �G-�"' /,Y•/a--.4^r" ATTEST •!,°�t�;,,�.,^f'� ...._ 'rY I ht R_ CA S �r;. Corporate Secretary '.eL' ', STATE Of FLORIDA ) ? _da "J k��t COUNTY OF DADE I ��,1 y'v ' I HEREBY CERTIFY, that on this 2.5 - day of October, (9113 �.•,•L( ;��+� before me personally appeared FRANK E. HACKLE, III and MICHELLE it GARBIH, President and Corporate Secretary respectively, of THE ``9„� `•'y'�` DELTONA CORPORATION, a corporation under the laws of the State fo ',74;',. Delaware, authorized to transact business in the State of •tIc, Florida, to me known to be the persons who signed the foregoing ; .' _ instrument as such officer. hod scknovledged the execution _'k. y thereof to be their free acts and deeds as such officers for the uses and purposes therein mentioned and that they affixed thereto 4 ,• .,' the official seal of said corporation. end that said instrument ,ya��r is the act and deed of said corporation. ;'f,. 'j' WITNESS my hand end official seal at Miami, in. the County of .q� Dade end State of Florida, the day and leer last atureca la. X: • r �" C/ l.n .vZ j' lint.ida, at r•rxp•r, is d m ,i 4 •,�;.. , i s�'. 0, 3*,..• N f s;'d. Hy Commission Expires: \'•r.�.!; '..•..• ,:a.. 4. �4 ':y�' MDTSO MUt Sun el rloa:rc At lair, •.... ••. .•... ho CUsa,Sstoa F%rillS A C IS IISA aj...-�;)'i ', (� ::,.�'v.,' SO'xxa rm./a{v'1<l,wf,wttSvtlIts d' .'T,^• Received 3_. ' 3 „ , ' Do. mentory Stern,Too ?` G f 6 `�� Collier County,flcrido , 17-- '�'VEO c.PY t:• t�7��,�, ,•',/ o-. William.),Reogon,Clerk D.C. '1,S.' `. Y by�.r,� rn A-�.o ' • 2002 A 'Ai' O.E.' I th district t.:� Attachment B Page 15 of 15 SSL NO.110534215 CA0