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Pepper Ranch Amended Purchase Agreement AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE AND COUNTY ESCROW AGREEMENT This Amendment to Agreement for Sale and Purchase and County Escrow Agreement is made and entered into by and between Lake Trafford Ranch, LLLP, a Florida limited liability limited partnership ("Seller"), and Collier County, a political subdivision of the State of Florida ("Buyer" or "County"). BACKGROUND A. The parties entered into an Agreement for Sale and Purchase as of December 5, 2008 (the "Agreement"); and B. Subsequent thereto an issue was raised by Barron Collier Investments, Ltd. ("BCI"), the owner of land (the "BCI Land") adjoining the property that is the subject of the Agreement ("the Property"), claiming the right to legal access over the property that is the subject of the Agreement , and as a result the transaction set forth in thc Agreement was not closed in the time frame set forth therein; and C. As consequence the parties have agreed to modify terms of the Agreement. NOW THEREFORE, in consideration of the premises and the mutual covenants set forth herein thc Agreement is modified in the following respects: 1. That the time for closing the Agreement is extended to Febmary 6, 2009. 2. Seller will grant to BCI and BCI will accept an access easement in the form of the attached Exhibit "A" (the "Access Easement"). The Access Easement will be executed by Seller and recorded immediately prior to the deed from Seller to Buyer. The Buyer will take title to the Property subjcct to it. 3. A portion of the proceeds from the sale will be retained by Buyer in an account retained in escrow in the County's general fund (the "Escrow"). The County Attorney, or his successor in office shall be the escrow agent and is responsible to authorize disbursement of the Escrow. No intercst earned on the Escrow shall be disbursed to the Seller and all interest earned shall be retained by the Buyer. Thc sum to be rctained is $418,750 composed of two parts: a. $250,000 will be held in respect to the potential for loss of panther habitat unit mitigation ("PHU") credits that Buyer anticipates obtaining in rcspect to the Propcrty. Buyer agrees that following closing it will promptly and diligently make a request and submission to the U.S. Fish and Wildlife Service and other applicable govemment agencies for an evaluation and determination of whether, and the extent to which, the establishment of PHU credits in respect to the Property based on its intended conservation uses by the Conservation Collier program will be affected by thc existence of the Access Eascment as distinct from its absence. Ifit is dctermined that the existence of the Access Easement will reduce the number of PHU credits that could have been awarded had there been no Access Easement, then the reduced number of PHU credits will be multiplied times an agreed market rate of $1 ,500 per PHU. The resulting sum will be retained by Buyer. The balance of the $250,000 escrow sum will be remitted to Seller. If in order to obtain this detemlination it is necessary to make a complete application to establish PHU credits over the Property then Buyer agrees to do so. Buyer agrees to use its best efforts to complete the process of having this deternlination made within one year of the date of the closing. If, and to the extent, the number of PHU credits that is reduced multiplied by the foregoing rate exceeds $250,000, the Seller has no obligation to pay any additional sums to Buyer. b. $168,750 will be retained in Escrow pending the outcome of a determination as to the adjustment in the Purchase Price for the Property based on the difference between the Property being: (i) unencumbered by the Access Easement and (ii) encumbered by the Access Easement, but without regard to any effect it may have on the potential loss of PHU credits as addressed in subparagraph a above. Buyer has determined that the impact could reduce the value of the Property by the sum of $ I 68,750. Seller does not accept this figure. The parties shall engage one of the appraiser's that is on the list of County approved appraisers (the "Appraiser") to perform this evaluation of the effect on the Purchase Price. In performing this evaluation the Appraiser will accept the Purchase Price as a given and will not independently re- determine the value of the Property, but rather will evaluate the difference giving consideration to appropriate criteria. Both parties, or their representatives shall meet with the Appraiser at the onset of his engagement or thereafter at his request in order to insure that he understands, accepts and is prepared to perform the evaluation in accord with this subparagraph. The parties shall each be permitted to explain to the Appraiser facts, circumstances, and analyses which they believe has a bearing on the effect of the Access Easement. Following the result of this evaluation, if the Appraiser concludes that the value of the Property should be reduced from the Purchase Price, but the reduction is less than $168,750 then the amount so determined shall be retained by the Buyer and the difference will be remitted to thc Seller. In the event the Appraiser determines that reduction of greater than $168,750 is appropriate the Seller will have no obligation to pay the difference to the Buyer. The Seller will be entitled to select the Appraiser from among the list of approved County appraisers and will pay the reasonable fees and costs of the Appraiser. c. lfon or before December 31,2013 the Access Easement is terminated by BCI or successor owners of the BCI Land (i) because altemative access to the BCI Land, is established over Trafford Oaks Road or (ii) for other reasons, but not because the Buyer purchases the BCI Land, then in that event any portion of the sums remaining in Escrow or that were previously retained by the County will be paid to the Seller. 4. The transaction shall be closed promptly following the execution of this Amendment. 5. Except as hereby modified the terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, this Amendment to the Agreement for Sale and Purchase and County Escrow Agreement has heen executed by the parties as of the date set forth beneath their respective signatures and shall be effective when executed by the last of the parties. t h." ~ -Aj'rFs'P: , ,......~. '. J ,,,'DWIGHt.fl'.;BROCK, CLERK .rt;' ::-",.,.,'..> ", ,:: ....}..p~~ kttest a' to Cha'~A ',~Qnaturt on I . Approval as to form: nty Attorney Lake Trafford Ranch, LLLP BY:-~~'~, Thomas M. Taylor, as general partner By: Christopher L. All , as general partner Date .:2 -;;l. -0 'j BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: D A FIALA, CHAIRMAN Date ;; -.] -D '1 ElGh; h; f "11 'I ACCESS EASEMENT THIS ACCESS EASEMENT is granted this ~_ day of 2009, by Lake Trafford Ranch, LLLP, a Florida limited liability limited partnership, a ("Grantor"), in favor of BARRON COLLIER INVESTMENTS, LTD., a Florida limited partnership ("Grantee"). R E C I TAL S: A. Grantor is the owner of that certain parcel of land located in Collier County, Florida, commonly known as the "Pepper Ranch" as more particularly described in Exhibit "A" attached hereto (hereinafter "Grantor's Property"); and B. Grantee owns land described in Exhibit "B" ("Grantee's Property") that abuts Grantor's Property; and C. Grantor has agreed to grant an easement for access to Grantee over a portion of Grantor's Property. NOW, THEREFORE, Grantor, for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged: 1. Grantor does hereby grant to Grantee, a perpetual, non-exclusive easement (the "Easement") over and across that portion of Grantor's Property described on Exhibit "c" (the "Servient Estate") for the purpose of ingress and egress to and from Grantee's Property as the dominant estate. It may not be used for above or underground utilities. Use of the Easement is limited to ingress and egress that serves those activities now carried out on Grantce's Property which consist of cattle grazing and ranching, hunting, and forestry, all as defined below (the "Current Usage"), and activities that result in no greater degrce, frequency, or burden of usage of the Easement than does the Current Usage. No activities or improvements to the Easement shall be made that will adversely affect the general conservation value of thc Grantor's Property, or its value specifically for panthers; provided that Grantee shall bc permitted to kecp such access open and useable. Grantor retains, and shall have the right to use, the Servicnt Estate in any and all ways that are not inconsistent with and that do not unreasonably intcrfere with the Easement. 2. Cattle grazing and cattle ranching mean the use of Grantee's Property as pasture for cattle feeding and sustenance, as wcll as all activities that are usually and customarily associated therewith based on accepted agricultural practices, as from time to time exist. Forestry means the periodic thinning, clcaring, and harvesting of trees and vegetation that naturally grow on the Grantee's Property. Hunting means non-commcrcial recreational hunting, shooting and trapping of wildlife as exists on Grantec's Property. 3. Grantor covenants that it has the right to grant, convey and declare the Easement, and that Grantee shall have quiet and peaceful use, enjoyment and possession thcreof. 4. Thc Easement granted herein is appurtenant to and shall run in favor of Grantee and its successors in title to the Grantee's Property and shall be binding upon Grantor and its successors in title to the Servient Estate. Grantee and its successors in title to the Grantee's Propcrty agree not to seek an expansion of access rights for future development or any other use. 5. Grantor and any successor owner of Grantor's Property has the right, from time to time, to relocate the Easement from the Servient Estate to a new location so long as it provides substantially comparable access to Grantee's Property. In such casc, Grantee, its successors and assigns, shall execute a consent to the termination of the Easement upon its relocation and replacement of the Easement by Grantor (hereinafter "Replacement Easement"). The Replacement Easement must be of substantially the same quality and practicability as the Easement granted herein. Grantor agrees to assume any expense directly related to the relocation of the Easement and any improvements to the Replacement Easement. 6. The cost of maintaining the Easement shall be shared equally between Grantor and Grantee. The Easement shall be maintained as a lime rock or similar semi-improved rural road as the road within it has been historically used. The Grantee shall be responsible to keep the north-south leg of the Easement on its westem end clear of vegetation and other obstmctions, as may interfere with its use by Grantee. IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the date and year first above written. Signed and delivered in our presence: GRANTOR: Lake Trafford Ranch, LLLP Witness # f By: Printed name of witness #1 Thomas M. Taylor Witness #2 By: Printed name of witness #2 Christopher L. Allen As its sole general partners Page 2 of3 STATE OF FLORIDA ) COUNTY OF COLLIER 00: I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of January 2009, by Thomas M. Taylor, as general partner of Lake Trafford Ranch, LLLP, a Florida limited liability limited partnership, who is personally known to me or who produced as identification. (SEAL) STATE OF FLORIDA ) COUNTY OF COLLIER Notary Public - State of Florida Printed Name of Notary My Commission Expires: 00: I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of January 2009, by Christopher 1. Allen, as general partner of Lake Trafford Ranch, LLLP, a Florida limited liability limited partnership, who is personally known to me or who produced as identification. (SEAL) Notary Public - State of Florida Printed Name of Notary My Commission Expires: Page 3 of3 Exhibit "A" (Legal Description) Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half (EY2) of the East Half (EY2) of the Southwest Quarter (SW'/.) of the Southeast Quarter (SE%) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida; thence run S 88057'47" W, along the south line of the Southeast Quarter (SE%) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described; thence continue S 88057'47" W, along the south line of the Southeast Quarter (SE%) of said Section 22, for a distance of 330.09 feet; thence run N 00031 '18" W for a distance of 1342.51 feet; thence run N 88058'31" E for a distance of 330.12 feet; thence run S 00031'14" E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres, more or less. AND Property Tax Identification Number: 00052440003 A parcel of land lying in the Southeast Quarter (SE%) of the Southwest Quarter (SW%) and the West Half (WY2) of the Southwest Quarter (SW%) of the Southeast Quarter (SE%) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida; thence run S 88057'47" W, along the south line of the Southeast Quarter (SE%) of said Section 22 for a distance of 1980.56 to the Point of Beginning of the parcel of land herein described; thence continue S 88057'47" W, along the south line of the Southeast Quarter (SE%) of said Section 22, for a distance of 660.19 feet to the South Quarter corner of said Section 22; thence run S 88059'47" W along the south line of the southwest quarter of said Section 22, for a distance of 1321.80 feet; thence run N 00038'44" W for a distance of 1342.51 feet; thence run N 88059'17" E, for a distance of 1324.63 feet; thence run N 88058'31" E, for a distance of 660.24 feet; thence run S 00031 '22" E for a distance of 1342.58 feet to the Point of Beginning; containing 61.13 acres, more or less. AND Property Tax Identification Number: 00052680009 The Southeast Quarter (SE%) of the Southwest Quarter (SW%) of Section 26, Township 46 South, Range 28 East, Collier County, Florida; containing 40.38 acres more or less. AND Property Tax Identification Number: 00053000002 All of Section 28, Township 46 South, Range 28 East, Collier County, Florida; containing 645.47 acres more or less. AND Property Tax Identification Number: 00053920001 The Northwest Quarter (NW%) of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 35, Township 46 South, Range 28 East, Collier County, Florida; containing 10.09 acres more or less. AND Property Tax Identification Number: 00052640007 A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: The West Half (W'h) of Section 26, Township 46 South, Range 28 East, Collier County, Florida, less the North 1452.35 feet thereof and less the Southeast Quarter (SE%) of the Southwest Quarter (SW%) of said Section 26, and less that parcel of land, as described and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South Florida Water Management District with Tax Folio Number 00052640007; containing 185.91 acres, more or less. AND Property Tax Identification Number: 00052960004 All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; containing 643.59 acres more or less. AND Property Tax Identification Number: 00053200006 All of Section 33, Township 46 South, Range 28 East, Collier County, Florida; containing 706.33 acres more or less. AND Property Tax Identification Numbers: 00053840000 & 00054040003 The East Half (E%) of the East Half (E%) of the Northwest Quarter (NW%); and the Northeast Quarter (NE%), less the East 30 feet and the Northerly 30 feet for public road right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35, Township 46 South, Range 28 East, Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE%) described in Deed recorded in Official Records Book 1834, Page 216; also less the real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in Official Records Book 280, Page 480; and in Official Records Book 282, Page 283; and in Official Records Book 289, Page 910; all of the Public Records of Collier County, Florida; AND The Southwest Quarter (SW'I.) of the Northwest Quarter (NW%); and the West Half (W%) of the Southeast Quarter (SE%) of the Northwest Quarter (NW%); and the Southwest Quarter (SW%) of the Northeast Quarter (NE%) of the Northwest Quarter (NW%); and the South Half (S%) of the Northwest Quarter (NW%) of the Northwest Quarter (NW%); and the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of the Northwest Quarter (NW%); and the West Half (W%) of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of Section 35, Township 46 South, Range 28 East, Collier County, Florida; containing 208.83 acres, more or less. The fore mentioned parcels equates to 2,511.90 acres, more or less. EXHIBIT I D All of Sections 3, 4 and the North Yz of Section 5, Township 47 South, Range 28 East, Collier County, Florida. HM HOLE MONTES f~GINEERS PLANNERS SIIRvFynR~ i~,NDSUP[ARCHITECTS OrFiCE OF fHE COUNTY AJTC)RNE'( 950 Encore Way' Naples Florida 34110, Phooe 2392542000. FlqeiJl,~/P2 9 P~I f: I It EXHIBIT I~ HM PROJECT # 2001111 1/28/09 REF DWG # B-6446-1 PAGE 1 OF 4 LEGAL DESCRIPTION: A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26, 27, 28, 33 AND 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 26, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN S.00058'38"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 30.00 FEET; THENCE RUN S.89001'22'W., FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.00058'38'W.. PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35. FOR A DISTANCE OF 29.98 FEET; THENCE RUN N.01009'15'W., PARALLEL TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1238.43 FEET: TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 90006'24", SUBTENDED BY A CHORD OF 113.24 FEET AT A BEARING OF N.46012'2TW., FOR A DISTANCE OF 125.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.88044'21'W., FOR A DISTANCE OF 2414.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 90032'26", SUBTENDED BY A CHORD OF 191.82 FEET AT A BEARING OF N.45059'26"W., FOR A DISTANCE OF 213.33 FEET TO THE END OF SAID CURVE: THENCE RUN N.00843'13'W., FOR A DISTANCE OF 1122.79 FEET: TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90834'20", SUBTENDED BY A CHORD OF 99.49 FEET AT A BEARING OF N.46800'23'W., FOR A DISTANCE OF 110.65 FEET TO THE END OF SAID CURVE; THENCE RUN S.88"42'26"W., FOR A DISTANCE OF 1829.65 FEET; THENCE RUN N.88823'51'W., FOR A DISTANCE OF 333.91 FEET: TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 55008'22", SUBTENDED BY A CHORD OF 115.71 FEET AT A BEARING OF S.64001'58'W., FOR A DISTANCE OF 120.30 FEET TO THE END OF SAID CURVE: THENCE RUN S.3602T4TW, FOR A DISTANCE OF 64.98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 42833'01", SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.5r44'18'W., FOR A DISTANCE OF 148.53 FEET TO THE END OF SAID CURVE; THENCE RUN S.79800'48'W. FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86"34'54"W., FOR A DISTANCE OF 1589.15 FEET; THENCE RUN S85842'33"W., FOR A DISTANCE OF 1968.01 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE H:\2001\2001111\WP\SOUTHPRROADSL.l.doc HM PROJECT # 2001111 1/28/09 REF DWG # B-6446-1 PAGE 2 OF 4 TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 116'18'47", SUBTENDED BY A CHORD OF 144.41 FEET AT A BEARING OF S.27"33'10''W., FOR A DISTANCE OF 172.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 468.01 FEET, THROUGH A CENTRAL ANGLE OF 22'24'56", SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19'23'46"E., FORA DISTANCE OF 183.10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY: THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2260.02 FEET, THROUGH A CENTRAL ANGLE OF 8'52'44", SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03'44'56"E., FOR A DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5352.89 FEET, THROUGH A CENTRAL ANGLE OF 2'11 '42", SUBTENDED BY A CHORD OF 205.05 FEET AT A BEARING OF S.00'24'25"E., FOR A DISTANCE OF 205.06 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY: THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 316.91 FEET, THROUGH A CENTRAL ANGLE OF 20'16'29", SUBTENDED BY A CHORD OF 111.56 FEET AT A BEARING OF S.11'38'31"E., FORA DISTANCE OF 112.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 580.71 FEET, THROUGH A CENTRAL ANGLE OF 17"14'47", SUBTENDED BY A CHORD OF 174.14 FEET AT A BEARING OF S.13'09'22"E., FOR A DISTANCE OF 174.80 FEET TO THE END OF SAID CURVE; THENCE RUN S.04'31 '58"E., FOR A DISTANCE OF 310.08 FEET; THENCE RUN S.00'36'32"E., FOR A DISTANCE OF 140.46 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY: THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 152.13 FEET, THROUGH A CENTRAL ANGLE OF 37"24'10", SUBTENDED BY A CHORD OF 97.56 FEET AT A BEARING OF S.19'18'37"E., FOR A DISTANCE OF 99.31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 33'50'05", SUBTENDED BY A CHORD OF 116.40 FEET AT A BEARING OF S.21'05'39"E., FOR A DISTANCE OF 118.11 FEET TO THE END OF SAID CURVE; THENCE RUN S.04'10'36"E., FOR A DISTANCE OF 984.89 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'37'17", SUBTENDED BY A CHORD OF 37.51 FEET AT A BEARING OF S.14'59'15"E., FOR A DISTANCE OF 37.74 FEET TO THE END OF SAID CURVE: THENCE RUN S.25'47'53"E., FOR A DISTANCE OF 365.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 575.00 FEET, THROUGH A CENTRAL ANGLE OF 63'11'57", SUBTENDED BY A CHORD OF 602.58 FEET AT A BEARING OF S.05'48'05''W., FOR A DISTANCE OF 634.24 FEET TO THE END OF SAID CURVE; THENCE RUN S.37"24'03"W, FOR A DISTANCE OF 1123.09 FEET: TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 329.61 FEET, THROUGH A CENTRAL ANGLE OF 67"05'00", SUBTENDED BY A CHORD OF 364.24 FEET H:12001\2001111IWPISOUTHPRROADSL.1.doc HM PROJECT # 2001111 1/28/09 REF DWG # 8.6446-1 PAGE 3 OF 4 AT A BEARING OF S.03"51'33"W., FOR A DISTANCE OF 385.91 FEET; TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 171.86 FEET, THROUGH A CENTRAL ANGLE OF 29"55'47", SUBTENDED BY A CHORD OF 88.76 FEET AT A BEARING OF S.14"43'04"E., FOR A DISTANCE OF 89.77 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 3516.56 FEET, THROUGH A CENTRAL ANGLE OF 8"10'26", SUBTENDED BY A CHORD OF 501.26 FEET AT A BEARING OF S.03"50'23"E., FOR A DISTANCE OF 501.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY: THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 410.14 FEET, THROUGH A CENTRAL ANGLE OF 31"19'23", SUBTENDED BY A CHORD OF 221.44 FEET AT A BEARING OF S.07"44'05'W., FOR A DISTANCE OF 224.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 189.86 FEET, THROUGH A CENTRAL ANGLE OF 31"02'51", SUBTENDED BY A CHORD OF 101.63 FEET AT A BEARING OF S.07"52'21"W., FOR A DISTANCE OF 102.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.07"39'05"E., FOR A DISTANCE OF 287.80 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1024.51 FEET, THROUGH A CENTRAL ANGLE OF 31 "25'43", SUBTENDED BY A CHORD OF 554.96 FEET AT A BEARING OF S.23"21 '56"E., FOR A DISTANCE OF 561.98 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY: THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 441.77 FEET, THROUGH A CENTRAL ANGLE OF 67"43'42", SUBTENDED BY A CHORD OF 492.34 FEET AT A BEARING OF S.05"12'56"E., FOR A DISTANCE OF 522.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 46"12'48", SUBTENDED BY A CHORD OF 156.98 FEET AT A BEARING OF S.05"32'31'W., FORA DISTANCE OF 161.31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52"50'41", SUBTENDED BY A CHORD OF 311.49 FEET AT A BEARING OF S.08"51'28'W., FORA DISTANCE OF 322.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.35"16'48"W., FOR A DISTANCE OF 298.12 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL ANGLE OF 19"36'39", SUBTENDED BY A CHORD OF 170.30 FEET AT A BEARING OF S.45"05'08'W., FORA DISTANCE OF 171.14 FEET TO THE POINT OF TERMINATION; CONTAINING 6.938 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF RECORD BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00"58'38"E. H.12001\2001111IWPISOUTHPRROADSL.1.doc HM PROJECT # 2001111 1/28/09 REF DWG # B-6446-1 PAGE 4 OF 4 SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA WHICH BEARS N.88022'39"E. TO THE POINT OF TERMINATION. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB # 1772 BY ~- 1Jr.~ ~PS.M.#5628 THOMAS M. 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I" ..... 0> . 0 0 C) ::D ~ 1:1 ~ z ::r:: Z "" ~ t'l 0 (") ~ :.; UJ N ('; 0 ~ 0 r tT:: . 0 0 CJl m m CJl ^!::I mzm -<mm s::)>-l )>z~ "UO"TI ()o c?:l ::u < m o ~ (fl 0 (flC ;:: fTl-< OI )> fTl ci 0J)> :I: 0J(fl 1 -< r Z -1>-0 fT1 OlC C20 I)> 9~8 N;o co--< on C19 fTl ;0 Ul :I: C2J fT1 fT1 .... C24 (J) CONSERVATION COLLIER Tax Identification Numbers: 00052360002, 00052440003. 00052640007, 00052680009, 00052960004, 00053000002, 00053200006,00053840000,00053920001&00054040003 Prepared by: Jennifer B. White, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 ACCESS EASEMENT THIS ACCESS EASEMENT, made and entered into this day of , 2009, by COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to LAKE TRAFFORD RANCH LLLP, a Florida limited liability limited partnership, whose address is 481 Carica Road, Naples, FL 34108, hereinafter referred to as "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, for access to, on and over the land described on Exhibit "A" (the Easement"), to explore, remove and transport the oil, gas and minerals, on and from, the following described lands located in Collier County, Florida, described on Exhibit "B" (the Benefited Land") on which Grantee owns and holds such rights pursuant to the reservations in a deed from Grantee to Grantor delivered prior to the Access Easement and concurrently with it. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to make such improvements to the Easement as are necessary to its use, and maintaining facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk .' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ., .... ....:.~' ~A\. ~.S ... .-'~ ~ :~~.~t-.~.to~'I~ler~ ,._ ,0 . . ,"' (~ ~ 1 +;i1ltlr-1f:;;':~"'\' ~ By: ~.J:f. DONNA IALA, Chairman (OFFICIAL SEAL) Appro...ul. o.S.-to ~rM'" \~~o.l S\.l..-ffic.i~r")C'::J _~~,^.-t ..... .... .'_'__ pr;.;;;l;uii1/"\ Cot.ai3 b.i:t.m'.n-~l 3"t:f',)1'.) \ \,,",-~ B, WHl n: HM HOLE MONTES EXHIBIT ''If ,{ Page I of 7 ENGINEERS PLANNERS SURVEYORS LANDSCAPE ARCHITECTS 950 Encore Way' Naples, FlOrida 34110 . Phone: 239.254.2000' Fax: 239.2542075 HM PROJECT # 2001111 12/8/08 REF DWG # 8-6438 10F3 LEGAL DESCRIPTION: A 30.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26, 27, 28 AND 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LYING 15.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 26, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN S.00058'38"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 30.00 FEET; THENCE RUN S.89001'22'W., FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.00058'38"W., PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, FOR A DISTANCE OF 29.98 FEET; THENCE RUN N.01009'15"W., PARALLEL TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1238.43 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 90006'24", SUBTENDED BY A CHORD OF 113.24 FEET AT A BEARING OF N.46012'2TW., FOR A DISTANCE OF 125.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.88044'21 "W., FOR A DISTANCE OF 2414.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 90"32'26", SUBTENDED BY A CHORD OF 191.82 FEET AT A BEARING OF N.45"59'26"W., FOR A DISTANCE OF 213.33 FEET TO THE END OF SAID CURVE; THENCE RUN N.00"43'13'W., FOR A DISTANCE OF 1122.79 FEET: TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90"34'20", SUBTENDED BY A CHORD OF 99.49 FEET AT A BEARING OF N.46"00'23"W., FOR A DISTANCE OF 110.65 FEET TO THE END OF SAID CURVE; THENCE RUN S.88"42'26"W., FOR A DISTANCE OF 1829.65 FEET; THENCE RUN N.88"23'51'W., FOR A DISTANCE OF 333.91 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 55"08'22", SUBTENDED BY A CHORD OF 115.71 FEET AT A BEARING OF S.64"01'58"W., FOR A DISTANCE OF 120.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.36"2T4TW., FOR A DISTANCE OF 64.98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 42033'01", SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.57"44'18"W., FOR A DISTANCE OF 148.53 FEET TO THE END OF SAID CURVE; THENCE RUN S.79"00'48"W., FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86"34'54"W., FOR A DISTANCE OF 1589.15 FEET; THENCE RUN S.85042'33"W., FOR A DISTANCE OF 1968.01 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERL Y; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 116"18'47", SUBTENDED BY A CHORD OF 144.41 FEET AT A BEARING OF S.27"33'10"W., H:\2001\2001111\WPlPRROADSL.doc EXHIBIT /I" Page 2.. of 7 HM PROJECT # 2001111 12/8/08 REF DWG # 6.6438 2 OF 3 FOR A DISTANCE OF 172.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 468.01 FEET, THROUGH A CENTRAL ANGLE OF 22024'56", SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19023'46"E., FOR A DISTANCE OF 183.10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2260.02 FEET, THROUGH A CENTRAL ANGLE OF 8052'44", SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03044'56"E., FOR A DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5352.89 FEET, THROUGH A CENTRAL ANGLE OF 2011'42", SUBTENDED BY A CHORD OF 205.05 FEET AT A BEARING OF S.00024'25"E., FOR A DISTANCE OF 205.06 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 316.91 FEET, THROUGH A CENTRAL ANGLE OF 20016'29", SUBTENDED BY A CHORD OF 111.56 FEET AT A BEARING OF S.11038'31"E., FOR A DISTANCE OF 112.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 580.71 FEET, THROUGH A CENTRAL ANGLE OF 17"14'47", SUBTENDED BY A CHORD OF 174.14 FEET AT A BEARING OF S.13009'22"E., FOR A DISTANCE OF 174.80 FEET TO THE END OF SAID CURVE; THENCE RUN S.04031'58"E., FOR A DISTANCE OF 310.08 FEET; THENCE RUN S.00036'32"E., FOR A DISTANCE OF 140.46 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 88025'15", SUBTENDED BY A CHORD OF 111.57 FEET AT A BEARING OF S.43036'06"W., FOR A DISTANCE OF 123.46 FEET TO THE END OF SAID CURVE; THENCE RUN S.87"48'43"W., FOR A DISTANCE OF 1246.09 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1474.47 FEET, THROUGH A CENTRAL ANGLE OF 6008'39", SUBTENDED BY A CHORD OF 158.04 FEET AT A BEARING OF S.84044'23"W., FOR A DISTANCE OF 158.12 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 814.75 FEET, THROUGH A CENTRAL ANGLE OF 19050'09", SUBTENDED BY A CHORD OF 280.66 FEET AT A BEARING OF N.88024'52'W., FOR A DISTANCE OF 282.06 FEET TO THE POINT OF TERMINATION; CONTAINING 10.306 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF RECORD BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00058'38"E. SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE EAST LINE OF THE H:\2001\2001111IWPIPRROADSLdoc EXHIBIT ".4 " Page.3 of 7 HM PROJECT # 2001111 12/8/08 REF DWG # 8-6438 30F3 SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA WHICH BEARS S.01"16'19"E. TO THE POINT OF TERMINATION. HOLE MONTES, INC. 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Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 24. day of ~t.~""'a ' 2009, between LAKE TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership, by its undersigned General Partners, whose address is 481 Carica Road, Naples, Florida 34108, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, 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 I. Demised Premises and Use LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two Thousand Twelve point One (2,012.1) acres of property described in Exhibit "A," 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 produetion.. 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. 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, and other activities consistent with the Conservation Collier program, as described below in this Article 1 and in Article 16(e) and (t). 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. 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 Staft) shall advise LESSEE, in writing, of its intent to recommend that LESSOR amend this LEASE AGREEMENT. Any Such change shall only be effective not less than ninety (90) days after it is executed by the Board of County Commissioners. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on the date LESSOR executes this Lease. LESSEE is granted the option, provided LESSEE is not in default of any of the terms of this Lease, to renew same for two (2) additional terms of one (I) 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. Said notice 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 for the Demised Premises the sum of Two Thousand Twelve Dollars and No Cents ($2,0 I 2) per year. Said annual rent shall be paid in full upon thirty (30) days from the date in which this Lease is executed by the LESSOR. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 5 of this Lease. 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. LESSEE and LESSOR reserve the right to terminate this Lease, with or without cause, by providing the other party with thirty (30) days written notice to the address set forth in ARTICLE 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Upon termination of this Lease, (i) LESSEE will have ninety (90) days after termination to make arrangements to remove the existing cattle, during which 90 days the cattle must remain, and (ii) LESSOR will remit to LESSEE any prepaid and unearned rent for any period that exceeds (60) days after such 90 days. 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 (I) year renewal term by five (5) percent from the previous year, compounded. ARTICLE 5. Intentionally Omitted ARTICLE 6. Modifications to Demised Premises 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 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 any 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. 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 notiee 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. 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 the written consent of LESSOR. 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 negligent act or omission of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. 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. However, LESSEE shall have no liability to such third parties, in particular members of the public or hunters, nor shall LESSEE be required to maintain or manage the Demised Premises to a standard or condition that would or might be required to 2 business invitees given that LESSEE'S pennitted use not involve or contemplate the presence of business invitees. Any presence of members of the public, or hunters will be at the direction or invitation of LESSOR. The Demised Premises are 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 Articles 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. 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 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 hannless 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/IOO Cents ($1,000,000.00) throughout the tenn 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 One Hundred Thousand Dollars and Noll 00 Cents ($100,000.00) 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, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o 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 Property, any functional maintenance equipment and supplies required for activities directly related to beef cattle production on the Demised Property. LESSEE, at its sole cost and expense, shall mow the improved pasture within the Demised Property a minimum of one (I) time per year and may roller chop specific areas of pasture when needed as a means to control exotic and woody plant growth and to upkeep areas located around cattle pens. LESSEE shall develop the mowing schedule and include variables such as excessive rainfall, drought or other unforeseen conditions. Each individual improved pasture within the Demised Property may include mineral feeders, supplemental feed trough, and molasses feed tanks as a means to control cattle concentration areas. 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, at its sole cost and expense, shall erect, if not already existing, and maintain a fence acceptable to LESSOR around that area of the Demised Premises which shall contain any cattle. This fencing is erucial in retaining cattle and preventing cattle from roaming off of the Demised Premises. 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. 3 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 aecumulate 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. LESSEE shall have the right to keep necessary machinery, tools or supplies in a agreed upon designated area. LESSEE shall make monthly inspections of exterior fences and gates and make repairs to the fencing as needed. LESSOR shall be responsible for all invasive exotic plant control and prescribed buming within the Demised Property . LESSOR! Preserve Manager shall visit the property at least semi-annually to evaluate the management and grazing operation. The LESSOR! 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. ARTICLE 12. Default bv 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. (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. (I) 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 re-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 notiee 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, 4 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: Board of County Commissioners c/o Real Property Management Building W 3301 Tamiami Trail East Naples, Florida 34112 LESSEE: Mr. Thomas Taylor, General Partner Lake Trafford Ranch, LLLP 481 Carica Road Naples, Florida 34108 cc: Office of the County Attorney Collier County Government Center Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Mr. Christopher Allen, General Partner Lake Trafford Ranch, LLLP 555 Hickory Road Naples, Florida 34108 Conservation Collier Coordinator Collier County Government Center Building W 3301 Tamiami Trail East Naples, Florida 34112 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 LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming otfofthe Demised Premises. LESSEE shall be allowed to maintain no more than Three Hundred (300) Animal Units at the Demised Premises. Animal Units will be established based on the following table: Table 1: Animal Unit Eqnivalent Guide Species Animal Unit Equivalent AUE 0.92 1.00 1.35 0.60 0.80 Cow,d Cow with calf Bull, mature Cattle, I ear old Cattle, 2 ear old 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 as long as LESSEE is legally permitted to possess such firearm in the County of Collier and f 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. 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. 5 (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 intangible 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 shall not perform any environmental property management issues, such as, but not limited to, burning or removal of vegetation, unless prior approval is granted by LESSOR. (e) LESSEE acknowledges that LESSOR may allow limited seasonal hunting on the Demised Premises under the supervision of the Florida Fish and Wildlife Conservation Commission. LESSOR is responsible for developing and implementing rules, protocols, and for the supervision of any hunters and members of the public generally to guard against accidents, injury to LESSEE'S cattle, and interference with LESSEE'S permitted use. (I) LESSOR may engage a Range Conservationist to develop a long-range management plan for the Demised Premises. LESSEE acknowledges that he will cooperate with LESSOR and any plans that may develop for the Demised Premises as a result of future planning. Implementation of any such plan shall require sixty (60) days written notice to LESSEE and if it reduces the land available to LESSEE the rent will be reduced accordingly. ARTICLE 17. Intentionally Omitted 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. Ouiet Enioyment 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 upon execution by both LESSOR and LESSEE. ARTICLE 22. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 23. Assi~nment LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by either Thomas Taylor or Christopher Allen. LESSOR must be advised of any such assignment in writing. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: )-2-0'1' ATTEST: ,. .r'o/ ,'. DWI...E~B.~~~, BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORID _ , <;!erk , " tttl$.ti.~-CbclMl4Il , <_.1IJl1a~..~" , ~~>: :.\,;;:~j\. . . j':t: ~:'. BY: DONNA ~",-t1L- lALA, Chairman 6 AS TO LESSEE: DATED; ~<.'5t> 2.., "200"\ WITNESSES: ~ (SignaU!.re) c-' _ ~, c\., ... .~ ,-. <Q..c-" J - (Print Name) ~--5\J~ (Si~ture) '::>Lf\J~t<.. t!:..~\TL (Print Name) ~~ (Signal!Ire) ~ , "'..... ......,s c:; (Print Name) ~'^'S"- ~-<<~~ (Signature) 3"'i...t-:l t.:l \ rc.R.. e,. ~\ E (Print Name) Approved as to form and legal sufficiency: ~~NW. Jennifer . White, Assistant County Attorney LAKE TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership ~~.~ BY: THOMAS M. TAYLOR, as General Partner LAKE TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership ( 7 Exhibit "A" (Legal Description of Demised Property) Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half (EYz) of the East Half (EYz) of the Southwest Quarter (SWY.) of the Southeast Quarter (SEY.) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida; thence run S 88057'47" W, along the south line of the Southeast Quarter (SEY.) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein described; thence continue S 88057'47" W, along the south line of the Southeast Quarter (SEY.) of said Section 22, for a distance of 330.09 feet; thence run N 00031'18" W for a distance of 1342.51 feet; thence run N 88058'31" E for a distance of 330.12 feet; thence run S 00031'14" E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres, more or less. AND Property Tax Identification Number: 00053000002 All of Section 28, Township 46 South, Range 28 East, Collier County, Florida; containing 645.47 acres more or less. AND Property Tax Identification Number: 00052960004 All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; containing 643.59 acres more or less. AND Property Tax Identification Number: 00053200006 All of Section 33, Township 46 South, Range 28 East, Collier County, Florida; containing 706.33 acres more or less. 8