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Backup Documents 05/27/2014 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 0 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 be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEVI** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 5 In V- 4. BCC Office Board of County T` �, r Commissioners V 7 `V l C\2-c\\\`-\ 5. Minutes and Records Clerk of Court's Office `ern 514 0'4 (I :42 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Melissa He 'g/Parks and Recreation Phone Number 252-2957 Contact/ Department Agenda Date Item was _5/27/14 Agenda Item Number _lam 11 A Approved by the BCC Type of Document Lease Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is N/A 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 original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 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 document or the final negotiated contract date whichever is applicable. ijf 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 1 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 input into SIRE. �c7J" N/A 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 5/'.t'and all changes made during the meeting have been incorporated in the attached document. The County Attorney's ..c,,jej Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the (� Chairman's signature. (�'J✓ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised .24.05;Revise 11/30/12 ti:V. CO VA—\\C51.7-- \-)\\C-34\0■e-...\71>DA V\kOt CTS—1 L\-7D VIC Ck, e--- 1 10 Martha S. Vergara From: DowlingMichael <MichaelDowling @colliergov.net> Sent: Friday, May 30, 2014 9:39 AM To: Martha S. Vergara Subject: RE: Agenda Item #11D I use CC -102 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Thursday, May 29, 2014 3:40 PM To: DowlingMichael Subject: Agenda Item #11D Hi Michael, Can you please send me the Lease Number for the Cattle Lease Agreement from the 5/27/2014 BCC Meeting. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law.e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity. Instead,contact this office by telephone or in writing 1 110 MEMORANDUM Date: June 2, 2014 To: Melissa Hennig, Environmental Specialist Parks and Recreation Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Lease #CC- 102 "Cattle Lease" Attached for your records is an original of the lease above, (Item #11D) approved by the Board of County Commissioners Tuesday, May 27, 2014. The Minutes and Record's Department has one of the original leases for the Board's Official Record. If you have any questions please call me at 252-7240. Thank you. Attachment 110 Cattle Lease Lease# CC — 1 0 2 LEASE AGREEMENT May THIS LEASE AGREEMENT entered into this o "I day of /" lay , 2014, between LAKE TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership, by its undersigned General Partners, whose address is 719 Hickory Rd., Naples, Florida 34108, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112,hereinafter referred to as "LESSOR". WITNESSETH In cor ideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE ]. Demised Premises and Use LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two Thousand Two Hundred ninety three (2,293) 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 production. All animal husbandry principles and practices applicable to the property and efficient use of grazing resources shall be followed at all times. The LESSEE shall be responsible for the establishment and implementation of sound grazing practices based on the best management guidelines of the U.S. Department of Agriculture's National Resources Conservation Service. 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 (f). LESSOR'S use shall not, however, interfere with LESSEE'S permitted use of the Demised Premises, nor cause LESSEE'S use, as permitted,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 Staff) 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 five (5) 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 (1) year, under the same terms and conditions, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. LESSOR reserves the right to deny LESSEE, in writing, of any renewal term. Both LESSOR and LESSEE reserve the right to terminate this lease, without cause, by providing the other party with at least thirty(30)days written notice to the address set forth in ARTICLE 14 of this Lease. 110 LESSEE and LESSOR reserve the right to terminate this Lease, with cause,upon default by the other party as described in Article 12 and in Article 13, after any cure or grace period during the entire term of this Lease, by providing the other party with thirty(30)days written notice to the address set forth in ARTICLE 14 of this Lease Upon termination of this Lease by either party, LESSEE will have ninety (90) days to make arrangements to remove the existing cattle, during which ninety(90) days the cattle must remain. LESSOR will remit to LESSEE any prepaid and unearned rent for any period that exceeds (60) days after such 90 days. During the ninety (90) day period that LESSEE remains in possession after termination,LESSEE shall continue to have said mowing obligations as described in Article 3 or may pay rent prorated at the amount described in Article 12, however, LESSEE shall not be liable for any interest thereon as described in said Article 12. Such mowing or rent obligations shall cease when LESSEE vacates the Demised Premises. All notices shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail,Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent the annual sum of Twenty-four Thousand Two Hundred Dollars and No Cents ($24,200.00) for grazing up to Two Hundred (200) Animal Units within the Demised Premises plus One Hundred Twenty-one Dollars and No Cents ($121.00) for each additional Animal Unit. Annual payment to the County shall be accompanied by a certification stating the number and age class of Animal Units being grazed on the land parcels. 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. ARTICLE 4. Renewal Term Rent In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2,the rent set forth in ARTICLE 3 shall be increased for each ensuing one (1) year renewal term by five (5) percent from the previous year, compounded. ARTICLE 5. Modifications to Demised Premises 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 2 110 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 notice to the LESSEE, for the purpose of examining the same and making repairs, inspecting or curing a default or nuisance, or providing maintenance service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. If LESSOR should need to utilize the property for any length of time, for any purpose, the LESSOR shall advise the LESSEE of its intentions by oral notice. 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. ARTICLE 9. Indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including,but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising directly from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created(other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants,licensees or invitees. It is acknowledged that in accord with the terms of this Lease (i) certain uses may be made of the Demised Premises by the LESSOR and (ii) LESSOR may permit third parties to make use of the Demised Premises. The Demised Premises 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 Article 9 are and shall be based on the standards of care required of a tenant of lands having the forgoing characteristics and uses and an absence of business invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting there from and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense,by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. 3 1I0 ARTICLE 10. Insurance LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier County Risk Management Department, for not less than an amount of One Million Dollars and No/100 Cents ($1,000,000.00) throughout the term or any renewals thereof to this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 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, 3335 Tamiami Trail East, Suite 101, 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, in a location approved in writing by the Collier County Environmental Specialist assigned to manage Pepper Ranch Preserve, 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 six hundred sixty three (663) acres of improved pasture within the Demised Property a minimum of one (1) time per year. LESSEE may roller chop specific areas of pasture when needed to control exotic and woody plant growth and to upkeep areas located around cattle pens. Any off-site mowers or other equipment must be cleaned thoroughly prior to entering the Demised Property as a means to prevent the introduction of nuisance or exotic plant species. LESSEE shall develop the mowing schedule and include variables such as excessive rainfall, drought or other unforeseen conditions, and provide such schedule to the Collier County Environmental Specialist assigned to manage Pepper Ranch Preserve. 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. No outside hay may be brought into the Demised Property to prevent introduction of nuisance or exotic plant species. Rotation of cattle shall continue throughout the year on a scheduled basis. In the event there has been an extremely dry and cold winter or an exceptionally wet season, the cattle will be managed by LESSEE to fit the available forage. LESSEE may not fertilize improved pasture areas. Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of water holes shall be prohibited. By the end of the second year of the initial term of the cattle lease, LESSEE, at its sole cost and expense, shall repair and erect, if not already existing, a fence around that area of the Demised Premises which shall contain any cattle. This fencing is crucial 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 4 110 constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees,agents, independent contractors,guests,invitees,licensees, and patrons. The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all non-naturally occurring solid, liquid, semisolid, and gaseous trash and waste (but not animal waste) and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S business. Such trash,waste and refuse shall be stored in closed containers approved by the LESSOR. 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 maintenance treatments and non-pastureland prescribed burning within the Demised Property. LESSEE shall be responsible for providing to the LESSOR, on an annual basis, an inspection report of the property and its operations. At a minimum,the report must include the information identified in Exhibit"B". 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. Any expense related to utilities used solely by the LESSEE shall be paid for by the LESSEE. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply for thirty (30) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency,reorganization,plan or arrangement or bankruptcy. 5 110 (d) Adjudication as bankrupt. (e) Making of a general assignment for the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to 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 notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the property or the leasehold interest of the LESSEE, and not removed within thirty (30) days by LESSEE,pursuant to the Florida Mechanics Lien Law. If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as specified in this Lease, and if said amounts remain unpaid for more than ten (10) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2)percent per month or the highest interest rate then allowed by Florida law,whichever is higher,which interest shall be paid by LESSEE to LESSOR. ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or at LESSOR'S sole discretion, such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14.Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners Mr. Thomas Taylor, General Partner c/o Real Property Management Lake Trafford Ranch,LLLP 3335 Tamiami Trail East, Suite 101 719 Hickory Rd. Naples, Florida 34112 Naples,Florida 34108 cc: Office of the County Attorney Mr. Christopher Allen, General Partner 3299 Tamiami Trail East, Suite 800 Lake Trafford Ranch,LLLP Naples, Florida 34112 555 Hickory Road Naples,Florida 34108 Conservation Collier Coordinator North Collier Regional Park 15000 Livingston Rd. Naples,Florida 34109 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 6 110 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 off of the Demised Premises. LESSEE shall give oral notice to the Collier County Environmental Specialist assigned to manage Pepper Ranch Preserve at least three (3) days prior to any planned cattle round-up or additional cattle release, to allow Environmental Specialist the option to observe the cattle round-up or release. LESSEE shall maintain no less than Fifty (50) and no more than Two Hundred (200) Animal Units at the Demised Premises without written authorization from LESSOR. Increases to the maximum stocking rate shall be subject to acceptable range conditions as outlined within the prescribed grazing plan and as determined by the Collier County Environmental Specialist assigned to manage Pepper Ranch Preserve. Animal Units will be established based on the following table: Table 1: Animal Unit Equivalent Guide Species Average Animal Unit Weight Equivalent (pounds) (AUE) Cow,dry 950 0.92 Cow with calf 1,000 1.00 Bull,mature 1,500 1.35 Cattle, 1 year old 600 0.60 Cattle,2 year old 800 0.80 LESSEE shall have the right to camp overnight on the Demised Premises, at LESSEE'S own risk, and shall be required to obtain any necessary permits,if required, for this use. If LESSEE should elect to destroy sick cattle, any use of firearms shall be permitted by LESSOR so as long as LESSEE is legally permitted to possess such firearm in the County of Collier and / or the State of Florida, as applicable. LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE or his invitees upon the Demised Premises except as specifically allowed under this Lease. LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns,to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. 7 tin (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 activities, such as, but not limited to, burning or removal of vegetation,unless prior approval is granted by LESSOR. (e) LESSEE acknowledges that LESSOR will allow limited seasonal hunting on the Demised Premises. 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. LESSEE agrees to mow limited areas and/or shooting lanes prior to hunting weekends upon LESSOR's request. (f) LESSOR will engage a Range Conservationist to develop a prescribed grazing 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. ARTICLE 18. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes. ARTICLE 19. Quiet Enjoyment Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on paying the rental amount and performing the covenants,terms and conditions required of LESSEE contained herein, shall peaceably and quietly have,hold and enjoy the Demised Premises and the leasehold estate granted to LESSEE by virtue of this Lease Agreement. ARTICLE 20. Waiver No failure of LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver. ARTICLE 21. Effective Date This Lease shall become effective 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. Assignment LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by LESSEE. LESSOR must be advised of any such assignment in writing. 8 110 vii, IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: . ATTEST: __ `.- .,`-` BOARD OF COUNTY COMMISSIONERS DWIGHT E:-BRQCK-Clerk'.''' COLLIER CO TY,FL'i'IDA - -"e I., A ' - ' /I —4--- / , leputy Clerk`: '. "!":- ` Tom Henning, AIRMAN signatre AS TO LESSEE: DATED: WITNESSES: _ i LAKE TRAFFORD RANCH,LLLP, (S/nature) a Florida limited liability limited partnership (Print Name) — BY: � THOMAS M. TAYLOR, as General Partner / ignature) `"F .. L z,,3,Le, (Print Name) Ki7 M LAKE TRAFFORD RANCH,LLLP, (Signatur a Florida limited liability limited partnership (Print ame) ► A% �40, ! CHRISTOPHER L.1:LL N, as General Partner ature) Aaht. Iitiol , cc, (Print Name) Approved as to form and legality: Jenni er A. Belpedio Assistant County Attorney 9 1111 ' 4 Exhibit "A" (Legal Description of Demised Property) Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half(E'/z) of the East Half(E1/2) of the Southwest Quarter (SW1/2) 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 88°57'47" W, along the south line of the Southeast Quarter (SE1/4) 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 88°57'47"W, along the south line of the Southeast Quarter(SPA) of said Section 22, for a distance of 330.09 feet; thence run N 00°31'18" W for a distance of 1342.51 feet; thence run N 88°58'31" E for a distance of 330.12 feet; thence run S 00°31'14" 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. 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'/z) of Section 26, Township 46 South, Range 28 East, Collier County, Florida, less the North 1452.35 feet thereof and less the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) 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. 10 1 in AND Property Tax Identification Number: 00052680009 The Southeast Quarter (SE'/4) 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: 00052440003 A parcel of land lying in the East Half(E'/2) of the East Half(E/2) of the Southwest Quarter (SW'/) of the Southeast Quarter (SE'/4) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Continence at the Southeast corner of Section 22, Township 46 South, Range 28 East, Collier County, Florida; thence run S 88°57'47" W, along the south line of the Southeast Quarter (SE'/4) 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 88°57'47" W, along the south line of the Southeast Quarter(SE1/4) of said Section 22, for a distance of 330.09 feet; thence run N 00°31'18" W for a distance of 1342.51 feet; thence run N 88°58'31" E for a distance of 330.12 feet; thence run S 00°31'14" E, for a distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres,more or less. END Legal Description 11 ..... 110 .... - 4014e,I ...., (,) r-- . • ,T.. L \ (J4 ULJd )404e,-LL t,3 .....lf.....11 a) C\1 C\J ....T ,,z.• I (:$ (J) ...D cu 0 ct;$ .1) 0:: ,-.:---L !...;,),. )^ 1,A'A- 4*:1,A. „." .. ..e:131-4A` (1) 0 ))) 1.... aill § t, 0.. (1.) — ... g. t...,. ...... ,, ,..... ,-..: .2 C- a) ' -------7,.; t 1, , (..., (r) co (3,) —I Et Q. -(..:, 0..) . .. ) 0 rc$ a) (L) a. cr .....) ct.. _ _ t..:L CO (.) ›- ,‹ cl) (/) ,,, %..... a. D ..... a ,•,-., ,-,f, .........._----, ffl I 5, ..c a 4:3,,,$)ig0 p.104;eJi. , 0 (.) C4 i C * to CO ce x . Cr, : Cno■ 0 OW. , 0 a) a. 2,.. 0 - 41 .12 it, 1,A At 8 E • '--! 8 i a 0 ,., to"4 c ..? '' K 47t, wo' ■'.i '1''1 V " w ,,,,,▪y,r,o- rl t‘,,, „.9 3,E 6,,../02 110 Exhibit "B" (Required Information for Annual Cattle Operation Report) For each field: 1) Date animals are moved from one pasture to the next. 2) Name of herd. 3) Number of animals in the herd. 4) Field the animals were moved from. 5) Field the animals are moved to. 6) Notes on forage conditions when animals are moved into and out of each field(i.e. forage height,forage quality,weeds,insects,etc.). 7) Body condition score of animals when they are moved. 8) Notes on management activities that have been conducted, such as when supplement feeders were moved,and when weeds were sprayed. 13