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Agenda 05/27/2014 Item #16D 7
Proposed Agenda Changes Board of County Commissioners Meeting May 27, 2014 Continue Item 1111 to the June 10,2014 BCC Meeting: Recommendation to approve and authorize the Pelican Bay Services Division to prepare,sign and submit a Nationwide Permit for the maintenance dredging of Clam Pass due to concerns about the critical condition of the Pass, approve necessary budget amendments and make a finding that this project promotes tourism. (Staff's request) Continue Item 16A15 Indefinitely: Recommendation to approve the award of Contract Number 14-6190 to Agnoli, Barber and Brundage,Inc.,CII2M Hill Engineers,Inc.,Johnson Engineering Inc.,and RWA,Inc.for professional design and related services for the"Golden Gate City Stormwater Drainage Improvement Project Engineering Design",Project Number 50129.On March 25,2013,the Board of County Commissioners approved the recommended short-list of consultants and directed negotiations with the four top ranked firms. (Staff's request) Move Item 161)7 to Item 11D: Recommendation to approve the Pepper Ranch Preserve Cattle Lease Agreement with Lake Trafford Ranch LLLP under the Conservation Collier Program and direct the County Manager, or his designee, to implement the Lease terms. (Commissioner Nance's request) Continue Item 161)8 to the June 10,2014 BCC Meeting: Recommendation to authorize the Chairman to execute the Parks and Recreation Department Facility Use Memorandum of Understanding(MOU) with the Naples BMX, Inc.,to operate BMX related events at the Wheels Skate and BMX Park. (Staff's request) Add On Item 16,14: Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of May 15,2014 through Max 21,2014. (Clerk's Finance Department request) Note: Item 16A10 Executive Summary title and title on agenda index should read: This item requires that ex-parte disclosure be pro\-ided-by Commission-members. Should-a hearing be held on this item, all participants are required to be sworn-in:-Recommendation to approve an Easement Use Agreement for Lot 58, Block C, Ilammock Isles which was approved by the Board of County Commissioners on June 10,2003, and recorded at Plat Book 40, Pages 40 through 47. (Staff's request) Item 16F5: Approval of this item is subject to ratification at the Tourist Development Council May 29,2014 meeting. (Staff's request) Item 16KI title on the agenda index should read the same as the Executive Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of S54,500 for the acquisition of Parcels 123FEE 169DE1, 169l)E2 and 169TCE in the lawsuit styled Collier County, Florida v.L & I? Rain, LLC, el al., Case No. 12-CA-1828(US 41 Ditch/Naples Manor Canal/LASIP Project 451101). (Fiscal Impact: 541,070) (Staff's request) Time Certain Items: Item 11C to be heard at 10:00 a.m. 5 27/2o1 S:28 5/27/2014 16.D.7. EXECUTIVE SUMMARY Recommendation to approve the Pepper Ranch Preserve Cattle Lease Agreement with Lake Trafford Ranch LLLP under the Conservation Collier Program and direct the County Manager, or his designee, to implement the Lease terms. OBJECTIVE: To obtain Board approval of the attached Lease Agreement with Lake Trafford Ranch LLLP for the Pepper Ranch Preserve under the Conservation Collier Program. CONSIDERATIONS: The former Pepper Ranch Preserve cattle lease expired on February 28, 2014. Under the terms of that lease, the Lessee was required to keep his cattle on the ranch ninety days after termination of the lease, until May 29, 2014. A solicitation for individuals interested in leasing lands at Pepper Ranch Preserve for the purpose of beef cattle production was issued on February 25, 2014. The solicitation was advertised in the Naples Daily News on February 24, 2014 and March 3, 2014, and was e- mailed directly to seven parties that had contacted staff and requested an opportunity to bid on Pepper Ranch cattle operations. The proposed cattle lease allows for up to 200 Animal Units ("AU"s) to be grazed within the Preserve. Allowing an experienced cattle operator to graze a limited number of cattle will enhance land management efforts at the Preserve. Under the terms of the proposed lease. the cattle operator will be required to mow approximately 663 acres of improved pasture annually. Collier County received two bids for the cattle lease at Pepper Ranch Preserve. Bidders were asked to provide a per AU price and the number of AUs they anticipated grazing during each of the first five years of the cattle lease. The calculated five-year total was used to determine the highest bidder. The Purchasing Director has reviewed this information and found that the quote process was consistent with the Board's purchasing policy. Lake Trafford LLLP was the highest qualified bidder with a per AU bid of $121, an annual bid of $24,200 for 200 AU each year, and a total five-year bid of$121,000. The partnership of Jerry Skates, Velton Flint and Chase Pearce was the second highest qualified bidder with a per AU bid of $120; an annual bid of$7.200 for 60 AU in year one, an annual bid of$14,400 for 120 AU in year two, an annual bid of$21,000 for 1 75 AU in year three. an annual bid of$24,000 for 200 AU in years four and five; for a total five-year bid of$90.600. The term of the Lease is five years with options for two additional one year renewal terms. Either party may terminate, with or without cause, by providing the other party thirty days notice. Additional time is given for cattle removal as is customary with cattle leases. Rent under the proposed lease agreement will generate revenue of$24,200 per year for the Conservation Collier Program for at least five years. The agreement also requires the cattle operator to mow 663 acres of improved pasture annually. a land management service currently valued at approximately $23,200. FISCAL IMPACT: Revenue in the amount of$2.200 is currently budgeted in Conservation Collier Land Maintenance Fund (174). The difference in revenue will be forecast for FY14 during the FY]5 budget process. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB Packet Page -1256- 5/27/2014 16.D.7. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the Lease Agreement with Lake Trafford Ranch LLLP and directs the County Manager, or his designee, to implement the Lease Agreement terms. Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Department Packet Page -1257- 5/27/2014 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve the Pepper Ranch Preserve Cattle Lease Agreement with Lake Trafford Ranch LLLP under the Conservation Collier Program and direct the County Manager, or his designee, to implement the Lease terms. Meeting Date: 5/27/2014 Prepared By Name: BetancurNatali Title: Operations Analyst,Beach &Water 4/30/2014 2:19:59 PM Submitted by Title: Environmental Specialist, Senior, Conservation Col Name: HennigMelissa 4/30/2014 2:20:00 PM Approved By Name: Linda Best Title:Manager-Risk Finance, Risk Management Date: 5/5/2014 8:48:02 AM Name: WilliamsBarry Title: Director-Parks&Recreation, Parks &Recreation Date: 5/5/2014 5:35:07 PM Name: WashburnIlonka Title: Manager-Park Operations, Parks &Recreation Date: 5/8/2014 3:44:52 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 5/9/2014 9:14:42 AM Packet Page-1258- 5/27/2014 16.D.7. Name: TownsendAmanda Title: Director-Operations Support, Public Services Division Date: 5/12/2014 10:45:09 AM Name: HennigMelissa Title: Environmental Specialist, Senior, Conservation Col Date: 5/13/2014 2:14:00 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services, Purchasing&General Services Date: 5/14/2014 7:38:36 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 5/14/2014 11:49:16 AM Name: CarnellSteve Title:Administrator-Public Services, Public Services Division Date: 5/14/2014 2:22:45 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/14/2014 3:1 0:01 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 5/15/2014 5:1 1:20 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/18/2014 1:40:33 PM Packet Page-1259- 5/27/2014 16.D.7. Cattle Lease Lease# LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2014, between LAKE TRAhFORD 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". WITNES SETH 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 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 al 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 iu this Article I 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,not 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 Conunissioners. 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. Packet Page -1260- (5—) 5/27/2014 16.D.7. 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) clays 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 shalt 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 frill 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 Packet Page -1261- /b; 5/27/2014 16.D.7. 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 nicking 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 Packet Page -1262- 5/27/2014 16.D.7. 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 stale 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 he 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 Packet Page-1263- 5/27/2014 16.D.7. 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 Packet Page -1264- 5/27/2014 16.D.7. (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 Iegal 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 Packet Page-1265- 5/27/2014 16.D.7. 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 LESSEES 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 Iess 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 Packet Page -1266- 5/27/2014 16.D.7. (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 shalt 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 die covenants,teens 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 Packet Page -1267- 5/27/2014 16.D.7. TN 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.BROCK,Clerk COLLIER COUNTY,FLORIDA BY: Deputy Clerk Torn Henning, CHAIRMAN AS '1'0 LESSEE: DATED: W7NESSES: It,L,C LAKE TRAFFORD RANCH,LLLP, (Siimature) a Florida limited liability limited partnership JTh L.C_ (Print Name) BY: , . THOMAS M.TAYLOR,as General Partner / tt: (Signature) (Print Name) / / / / ;* T,AKE TRAFFORD RANCH,LLLP, (Signattnie) t a Florida limited liability limited partnership 0-tIitnj (Print Name) By: CHRISTOPHE L, EN as GC-Era Partner • , , (Signature) (Print Name) Approved as to form and legality: Jennifer A.Belpedio .) ,20 Assistant County Attorney 9 Packet Page -1268- "z-1. 5/27/2014 16.D.7. Exhibit "A" (Legal Description of Demised Property) Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half(E%2) of the East Half(E%) of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE'/4) 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 (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 88°57'47"W, along the south line of the Southeast Quarter(SE'/)of said Section 22, for a distance of 330.09 feet; thence run N 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 Properly 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%) 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'/4) of the Southwest Quarter (SWV4) 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 Packet Page-1269- 5/27/2014 16.D.7. AND Property Tax Identification Number: 00052680009 The Southeast Quarter (SE'/a) of the Southwest Quarter (SW1/4) 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%) of the East Half(E%a) of the Southwest Quarter(SW%) of the Southeast Quarter (SE'i) 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 (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 88°57'47" W, along the south line of the Southeast Quarter(SE'/) of said Section 22, for a distance of 330.09 feet; thence run N 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 I Packet Page -1270- < 5/27/2014 16.D.7. ..__. i ■E-) t., 1Y \ cc) '2 06 uuilJ/110/./11,ti- \•- z_--, _,, -._ z c\I H ....,, (1) L. -,-=-' _---,--:-, _-,-7.-f-_,.:-:_,:;,-,„_,-,-_-_ -,. ,..:._. ,--:.,::::: ',:,-,:.,----:-_-_,;,T-, - , -_:-_-: - -_-_,,, co 0 _ , _ _..,, , , . ..,,.!'- -- -„-_,- -' - - I.i,r7i-.,:f::--'-7:"- -'_'• ' - _ - :,-:- (1:1 c',-... it'') Ct CD s._ _ .:,:., -..-- -'. 8 CD (I) '''-f:.--:::. -c= -_ --,-- - ,-- rY —I CO . • , . a) _ . ,q-,-..._- : .- -- - a LA .._.J1 — , - _ ._ ' ' a) .. .... _ .. _ - , -. _ _, - - , ... _ , .!..t c.-.-- - f) 14 _ i )-, c9_ nCO -- . . ■ 0 ,...,'''...\ .2. r t_) p 0 o s>1q0 i oslei.l. CL cl ..= - . . .. , • ., .„_ , _ _ ..,, c 1.). 1:e _ ... -__ -. .. - _ ,-, _ _ , ,:_ , C) • - CD- CD_ ar) a.. :•.-' - ,,, : - . '-, ,r: r,•;I-, :.., ..-, :, '(5 Packet Page -1271- ( ', 5/27/2014 16.D.7. 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 Packet Page-1272- 5/27/2014 16.D.7. ud # Z0I759I Thank you for placing your classified advertisement The followmg represents the current text of your advertisement; NOTICE PROPERTY FOR LEASE INVITATION FOR SEALED BIDS NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IS SOLICITING BIDS FROM ANY PARTY INTERESTED IN LEASING LAND AT THE PEPPER RANCH Pn[SERVE' 63I5 PEPPER ROAD, |x4Kx0K4LEE FL FOR [A| |LEGRAZING.Asite ,isit ,viUhehe|da7thepresemeonvVednesday' �4a,chS' ZOl4atlO:-'FL, AM. AUprospechvebiddeoare encouraged toa�end. Bid documents wiUbeavaUab|eonToeudav`` February 25, 2014 at the North Collier Regional Parh, I5000 Livingston Road, Naples, FL 34109 Bid' documents will also be available for download at: Two thousand two hundred ninety three (2,293) acres will be available at the preserve for grazing a maximum of 200 head of cattle.The term of the lease will be for five (5) years with the option of two (2)' one (I) year extensions.Applicants must meet minimum insurance requirements for operating on County property and must have at least five (5) years of experience grazing cattle under a natural resource management grazing program.The awarded high bidder will be required to maintain an effective fence around the area of the preserve that will contain any cattle and will be required to mow the six hundred sixty three (663) acres of improved pasture within the leased land a minimum of one (1) time per year.The bid for annual rent must be a minimum of Fourteen Dollars (S14.00) per Animal Unit( The awarded high bidder shall enter into a Lease Agreement with Collier County within ninety(90) days from the last publication of this notice in order to address additional terms and conditions deemed necessary by Collier County. For more information, please contact Melissa He.nnig at n"eUssahennig go,.net or (239) 252 2957. PLEASE FORWARD SEALED BIDS TO: (Indicate: "SEALED BID" on envelope) Melissa Hennig Conservation Collier Section Parks and Recreation Department 15000 Livingston Rd. Naples, Florida 34109 BIDS WILL NOT BE ACCEPTED AFTER THE NOON HOUR ON MARCH 7, 204. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHT TO REiECT ALL BIDS AND/OR NEGOTIATE WITH THE QUALIFIED BIDDERS ON ANY PROVlSIONS OF'THE LEASE • February 24 and March 3^ ZOl4 No. 2Ol759I Packet Page -1273- 5/27/2014 16.D.7. C: r Cn ty Public Services Division Parks & Recreation Department e ei Collier County Pepper Ranch Preserve Invitation to Bid for Cattle Lease Issue Date: February 25, 2014 Addendum #1 Issue Date: March 10, 2014 Addendum #2 Issue Date: March 11 , 2014 Point of Contact: Melissa Hennig 239-252-2957 melissahennig@colliergov.net 15000 Livingston Road, North Collier Regional Park, Naples, FL 34109 1 239.252.2961 www.colliergov.net/conservationcollier (OH s 4/10N Li/Eft Packet Page -1274- 5/27/2014 16.D.7. Invitation to Bid Table of Contents Contents I. ADDENDUM # 1 3 II. ADDENDUM#2 4 III. INVITATION TO BID 5 IV. MINIMUM APPLICANT REQUIREMENTS 5 V. PROPOSAL SUBMISSION INSTRUCTIONS & DEADLINE 5 VI. SUBMITTAL OF WRITTEN QUESTIONS 6 VII. BRIEF DESCRIPTION OF AWARD CRITERIA 7 VIII. BACKGROUND AND LEASE REQUIREMENTS 7 A. COUNTY GOALS 7 B. AVAILABLE PROPERTY OVERVIEW 8 C. ADDITIONAL REQUIREMENTS AND PROHIBITIONS 8 D. MINIMUM BID 9 IX. BID PROPOSAL INSTRUCTIONS FOR APPLICANTS 10 A. COVER LETTER- 10 B. BID: 11 C. STATEMENT OF EXPERIENCE: 11 D. REFERENCES 12 E. INSURANCE REQUIREMENT 13 F. CATTLE LEASE AGREEMENT 13 ATTACHMENT A—DRAFT Cattle Lease Agreement 14 ATTACHMENT B—USDA Pepper Ranch Preserve Prescribed Grazing Plan 26 ATTACHMENT C—Pepper Ranch Preserve Cattle Infrastructure Map 31 ATTACHMENT D—Pepper Ranch Preserve Improved Pasture and Brazilian Pepper Map 32 ATTACHMENT E—Liability Insurance Waiver 33 Packet Page 4275- 2 5/27/2014 16.D.7. I. ADDENDUM # 1 Date: March 10, 2014 From: Melissa Hennig, Senior Environmental Specialist (239) 252-2957 (Telephone) (239) 252-6720 (FAX) melissahennig @colliergov.net (Email) To: Prospective Bidders Subject: Pepper Ranch Preserve Cattle Lease Addendum #1 was prepared as the result of questions and discussion that occurred during the non-mandatory prospective bidder site visit on March 5, 2014. The changes below appear in red within the original bid document. Additions are underlined. Deletions are struck-through. 1. Collier County will be responsible for installing and repairing perimeter fencing. Installation and repair of all perimeter fencing will be complete by the end of the second year of the initial term of the cattle lease. The cattle operator will be responsible for maintaining installed/repaired perimeter fencing so that no cattle escape the property. (page 7) 2. Cattle operator will perform initial treatment for control of approximately twenty four and nine tenths (24.9) acres of Brazilian pepper within, and adjacent to, improved pastures by the end of the second year of the initial term of the cattle lease. (page 7) 3. Brazilian pepper in need of initial treatment is now identified on the map in Attachment D. (page 31) 4. Clarification that the cattle operator will be responsible for installation, repair and maintenance of interior fencing and gates. (page 7) 5. Clarification that cattle operator will only pay annual rent for AUs present on the property during the annual rental period. (page 8) 6. Animal Unit count will be between 50 - 200 during the first 2 years of the lease and between 150 — 200 during all other years. This change will give the County time to repair/install the perimeter fencing, while still requiring the cattle operator to utilize portions of the fenced, improved pasture during the initial 2 years of the lease. (page 9) 7. Clarification that Worker's Compensation Insurance coverage Under FL Statute 440 is only required if a cattle operator employs four (4) or more part or full-time employees. Additionally, contracted day-laborers may provide separate proof of insurance or may sign a Collier County liability waiver in lieu of proof of insurance. (page 11) Liability Waiver is attached as Attachment E. (page 32) 8. Revisions to the draft sample cattle lease can be found on pages 16, 17 and 19. Packet Page -1276- 3 5/27/2014 16.D.7. II. ADDENDUM # 2 Date: March 11, 2014 From: Melissa Hennig, Senior Environmental Specialist (239) 252-2957 (Telephone) (239) 252-6720 (FAX) melissahennig @colliergov.net (Email) To: Prospective Bidders Subject: Pepper Ranch Preserve Cattle Lease Addendum #2 was prepared as the result of prospective bidder feedback and staff discussion after the release of Addendum #1. The changes below appear in red within the following bid document. Additions are underlined. Deletions are struck-through. 1. Clarification that it is the intent of Collier County to award the cattle lease to the qualified and responsive vendor that submits the highest total bid. The highest bid per AU bidder may not be the highest total bidder if he grazes only the minimum amount of cattle on the property each year. (pages 7 and 11) 2. The awarded cattle operator can choose to either install and repair the perimeter fencing so that all cattle will be contained and grazed in accordance with the Prescribed Grazing Plan OR perform initial treatment for control of approximately twenty four and nine tenths (24.9) acres of Brazilian pepper within, and adjacent to, improved pastures. Collier County will be required to complete the task not opted for completion by the cattle operator. (page 8) Packet Page-1277- 4 5/27/2014 16.D.7. III.INVITATION TO BID Date: February 25, 2014 From: Melissa Hennig, Senior Environmental Specialist (239) 252-2957 (Telephone) (239) 252-6720 (FAX) melissahennig @colliergov.net (Email) To: Prospective Bidders Subject: Pepper Ranch Preserve Cattle Lease The Collier County Board of County Commissioners Parks and Recreation Department's Conservation Collier Program is pleased to announce the opportunity for livestock operators to provide resource management services in the form of livestock grazing. The County is seeking proposals from qualified cattle operators for grazing at Pepper Ranch Preserve in Immokalee. The County invites qualified firms or individuals to submit a proposal to work with the County to maintain and enhance the diversity of native plant and animal communities, manage vegetative fire fuel loads, and maintain and improve grazing infrastructure. This bid was publicly posted on the Collier County Conservation Collier website: www.colliergov.net/conservationcollier on February 25, 2014. IV. MINIMUM APPLICANT REQUIREMENTS Applicants that do not meet the following minimum requirements shall be deemed nonqualified and their proposal will not be considered: A. Ability to meet minimum Insurance Requirements for operating on County property if chosen to enter into a cattle lease agreement with Collier County. B. Five years of experience grazing cattle under a natural resource management grazing program. V. PROPOSAL SUBMISSION INSTRUCTIONS & DEADLINE A non mandatory pre-bid meeting will be held on March 5, 2014, commencing promptly at 10:00 A.M. at Pepper Ranch Preserve, 6315 Pepper Road, Immokalee, FL 34142. Firms or individual livestock operators interested in submitting a proposal must submit one (1) complete hard copy of their bid in a sealed envelope. The envelope will be date and time stamped upon receipt and must be clearly labeled on the outside with "Pepper Ranch Preserve Cattle Lease Proposal". Packet Page -1278- 5 5/27/2014 16.D.7. Proposals shall be submitted NO LATER THAN 12:00 P.M. Eastern Time on March 17, 2014, addressed to: North Collier Regional Park Conservation Collier Program ATTN: Pepper Ranch Preserve Grazing Lease Proposal 15000 Livingston Road Naples, FL 34109 Proposals may be hand delivered or delivered via certified mail. Any proposal received after the due date and time cannot be accepted and will be rejected and returned to the applicant unopened. The envelope MUST contain the applicant's name and return address on the outside. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. VI. SUBMITTAL OF WRITTEN QUESTIONS Individuals and firms interested in submitting a proposal should exercise their best judgment in analyzing and interpreting the requirements of this ITB. If additional clarification is necessary, or desired, interested parties may submit a written request for clarification of the ITB. Please submit all written questions via e-mail to Melissa Hennig at melissahennig(a colliergov.net . Written questions or requests for clarification must be received by 4:00 p.m. on Tuesday, March 11 , 2014. Answers to questions and requests for clarification that are received by the March 11, 2014, deadline will be listed on an addendum to the ITB and posted on the Conservation Collier website: www.colliergov.net/conservationcollier. An e-mail announcing the posting of the addendum will be sent to all interested applicants who have provided the County with an e-mail address. Additional written questions pertaining to the addendum must be received no more than two (2) days after the addendum is posted. The County will respond to additional questions regarding the original addendum in the same manner. The County reserves the right to post addenda until 48 hours prior to the proposal submittal date and time. Packet Page -1279- 6 5/27/2014 16.D.7. Projected Timetable Event Date Issue Solicitation Notice February 25, 2014 Non-mandatory pre-bid meeting March 5, 2014, 10:00 A.M.; Pepper Ranch Preserve Last Date for Receipt of Written Questions March 11, 4:00 P.M., Naples Local Time Addendum Issued Resulting from Written Questions or Pre- March 14, 2014 Proposal Conference Solicitation Deadline Date and Time March 17, 2014; 12:00 P.M. North Collier Regional Park Anticipated Evaluation of Submittals March 17 — March 21, 2014 Anticipated Board of County Commissioner's Lease Approval Date April 22, 2014 VII. BRIEF DESCRIPTION OF AWARD CRITERIA ITB award criteria is as follows: • It is the intent of Collier County to award the cattle lease to the qualified and responsive vendor that submits the highest total bid per Animal Unit (AU). • Award shall be based upon the responses to all questions on the Bid Response Pages. • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • The County's Conservation Collier Program reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • The contract will be in the form of the lease agreement. A draft sample cattle lease agreement is included in this ITB as Attachment A. VIII. BACKGROUND AND LEASE REQUIREMENTS A. COUNTY GOALS The County utilizes livestock grazing as one of many tools to achieve resource management objectives within its preserves, which include reducing non-native invasive plant species, reducing wildfire fuel loads, enhancing biodiversity, and promoting the growth of native vegetation. Grazing should be conducted in a manner that does not negatively impact fresh water resources or lead to increased soil erosion. Livestock operators are expected to implement adaptive management techniques so that intensity, frequency and duration of grazing achieve the County's resource management goals. The intent of this ITB is to solicit a livestock operator to enter into a lease agreement to graze up to 200 AUs of cattle on 2,293 acres of County land subject to the terms and conditions of a Prescribed Grazing Plan that will be drafted collaboratively with the new cattle operator, Collier County, and the U.S. Department of Agriculture Natural Resources Conservation Service. The current Prescribed Grazing Plan for the preserve is attached as Attachment B. Packet Page -1280- 7 5/27/2014 16.D.7. B. AVAILABLE PROPERTY OVERVIEW Livestock infrastructure within the preserve including fencing, gates, water systems, and corral facilities vary in condition across the property and will require maintenance, and in some cases replacement, to conduct grazing practices in accordance with the resource management objectives of the County. The livestock operator will be required to maintain, repair, and install infrastructure on the property so that all cattle will be contained and grazed in accordance with the Prescribed Grazing Plan. _. • _e_ . e - se- _ - _ - _ •, --e __ the second year of the initial term of the cattle lease. The cattle operator will be responsible_ for • - . -_ _ - --- - -nci g so that ns cattle escape the property. A map of current infrastructure is attached as Attachment C. Fencing that has been verified by Conservation Collier staff is identified on the map in three categories based on field inspection. The categories and descriptions include: 1. Not good (11,150 linear ft.) — Fence needs major repair or complete replacement 2. Ok - but needs work (32,800 linear ft.) — Majority of fence will contain cattle, but some areas need repair to avoid cattle escape. 3. Very good (28,300 linear ft.) — Fence in excellent condition. No repair or maintenance needed C. ADDITIONAL REQUIREMENTS AND PROHIBITIONS The Prescribed Grazing Plan will include a planned rotational grazing system and other management tools, as may be required; such as roller chopping, mowing, and prescribed burning. The cattle operator will be required to mow the six hundred sixty three (663) acres of improved pasture within the leased land a minimum of one (1) time per year. The cattle operator will also be required to choose one of the two following tasks to complete: install and repair the perimeter fencing so that all cattle will be contained and grazed in accordance with the Prescribed Grazing Plan OR and perform initial treatment for control of approximately twenty four and nine tenths (24.9) acres of Brazilian pepper within, and adjacent to, improved pastures by the end of the second year of the initial term of the cattle lease. A map of improved pastures and Brazilian pepper is attached as Attachment D. These requirements above and the responsible parties will—bece part of be specified in the lease document prior to its execution. It will also be the responsibility of the cattle operator to provide to the County, on an annual basis, an inspection report of the property and its operations. Configuration of the fencing and pastures may change to accommodate the establishment of appropriate ecological based management units under the Prescribed Grazing Plan. The repair, maintenance, and installation of any interior pasture fencing and gates will be the responsibility of the cattle operator, with prior written approval from the County. Permanently installed fencing/gates will become the property of the County upon termination of the lease. There will be no fertilization of the pasture areas, unless specifically approved by the County. In no case will phosphorus containing fertilizer be allowed on the land. No lime or dolomite shall be applied. Plowing, ditching or digging of water holes is prohibited without prior written approval from the County. The County reserves the right/ability to monitor surface and subsurface water quality in the leased area. Packet Page -1281- 8 5/27/2014 16.D.7. Public access activities, including hiking, horseback riding, mountain biking, and limited hunting occur within the preserve on weekends. Livestock operators shall conduct their operation in a manner that provides for visitor access, recreational opportunities, and the safety of preserve visitors. Some wetlands within the property may also be subject to restoration that will require changes in the land uses for this property. It will be necessary for the cattle operator to work with the County and be flexible with cattle operations during management of the preserve. Management will include but not be limited to exotic vegetation treatment, wetland restoration, and prescribed fire. There is also a possibility that wetland restoration activities within the property may necessitate the exclusion of cattle from portions of the preserve in the future. The cattle operator should be aware that there are "listed species" on the property, and that these species are protected by either state or federal law or both. The cattle operator will be required to notify the County at least three days prior to any planned cattle round-up or cattle releases to allow a County representative the option to observe the cattle round-up or release. The cattle operator shall report any violation observed pertaining to rules and regulations promulgated by the County or the Florida Fish and Wildlife Conservation Commission (FWC). The FWC regularly patrols this property. The property will be open to the public for recreation purposes as conducted by the County, including but not limited to bicycling, hiking, horseback riding, birdwatching, and hunting. The cattle operator 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. D. MINIMUM BID The County has established a minimum annual bid of $14.00 per AU. Rent will be paid annually in advance upon execution of the lease and on or before the anniversary date each successive year. The cattle operator will only pay annual rent for each AU present on the property during each annual rental period. The contract period will be for five years, commencing on the date the County executes the lease. The Cattle operator will be granted the option to renew the lease for two additional terms of one year each with a 5% rent increase for each ensuing one year renewal term, compounded. Annual payment to the County shall be accompanied by a certification stating the number and age class of AU's being grazed on the preserve. An AU is defined as one mature cow plus one calf of six to nine months of age, or their equivalent. The following table summarizes other A.U. equivalents: Packet Page-1282- 9 5/27/2014 16.D.7. Species Average Weight Animal Unit (pounds) Equivalent (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 The total number of animal units (AU) for the preserve shall not exceed 200. Minimum total number of AUs shall not fall below 50 for the first two years of the initial term of the cattle lease. Minimum total number of AUs shall not fall below 150 for all subsequent years of the cattle lease. IX. BID PROPOSAL INSTRUCTIONS FOR APPLICANTS Individuals or firms shall prepare and submit their proposal in the format established below. All proposals shall be type written on standard 8.5" X 11" paper. Each individual or firm must submit only one proposal. Each section of the proposal shall be clearly labeled as such and shall be separated from other sections by a single blank page. The proposal should be organized in the following format and order and must contain all items listed below: A. Cover Letter B. Bid C. Statement of Experience D. References E. Proof of Insurance F. Cattle Lease Agreement A. COVER LETTER: Cover letter should contain the following information: 1. The name(s) of submitting individual(s) or firm. Indicate if the proposal is being submitted as a joint venture, partnership and/or other entity other than an individual. Include a description of the ownership structure, including names of individual partners, investors, and/or officers. 2. The full name, title, and contact information (telephone number, physical address, e-mail address and fax number) of: a. Individual authorized, on behalf of the organization, to contact for clarification. b. Individual authorized, on behalf of the organization, to negotiate the contract. c. Individual authorized, on behalf of the organization, to contractually obligate the organization. Packet Page -1283- 10 5/27/2014 16.D.7. 3. Acknowledgment of receipt of any and all addenda to this ITB. 4. Signature of the individual authorized, on behalf of the organization, to contractually obligate the organization B. BID: Provide a bid that the individual/organization is willing to pay per Animal Unit per year. Bids must be a minimum of $14.00/AU per year. Also, provide the anticipated number of Animal Units that the individual/organization plans to graze during each of the initial five (5) years of the cattle lease. Per AU bid and anticipated annual AUs grazed will be used to calculate each bidder's total bid. The cattle operator submitting the highest total bid will be considered the highest bidder. See example below: Per AU bid = $14 50 AUs grazed Year 1 X $14 = $700 + 50 AUs grazed Year 2 X $14 = $700 + 150 AUs grazed Year 3 X$14 = $2,100 + 150 AUs grazed Year 4 X$14 = $2,100 + 150 AUs grazed Year 5 X$14 = $2.100 TOTAL BID = $7,700 The number of AUs submitted with this bid as the anticipated number of AUs to be grazed during each of the initial (5) years of the cattle lease will be incorporated into the executed cattle lease as the minimum number of AUs required to be grazed during each of the initial (5) years of the cattle lease. C. STATEMENT OF EXPERIENCE: Proposal shall include a Statement of Experience briefly describing relevant experience and success managing cattle and/or other livestock for natural resources management. Please include the following where applicable: 1. Length of time managing cattle grazing on (a) publicly owned lands and (b) private lands. 2. A list of each property that you currently graze (private and publicly owned) or incorporate into your livestock operation. For each property, please include the following information: a. Location b. Size c. Duration of grazing agreement or lease d. Description of rangeland/vegetation types e. Season of use f. Type of livestock grazed Packet Page-1284- 11 5/27/2014 16.D.7. g. Name of the land owner 3. Experience managing cattle grazing operation(s) under a resource management plan. a. Number of years experience grazing cattle under a resource management plan b. Description of cattle management techniques you have employed and their results (positive or negative). 4. Area(s) of specialization and expertise (if applicable). 5. Description of ability to install new fence/gates and repair existing fences/gates 6. Description or list of all equipment owned or readily available for use that will directly enhance livestock operation and ability to achieve the desired resource management objectives and infrastructure improvements. (Tractors, cattle trucks, portable welders, wood chippers, etc.) 7. Description of the need for site presence and how often operator and/or employee(s) plan to be on the property. Indicate expected presence on the property as it may vary by season (calving, shipping, construction, etc.). 8. It is extremely important that the livestock operator or employees have the capacity to respond to an emergency (livestock/human conflict, sick or injured livestock, cattle on a roadway, etc.) in a reasonable amount of time. Describe the availability and expected response time (minimum and maximum response time) of the operator or employees of the operator, in the event of an emergency. 9. How often will you monitor range health conditions in each pasture and who is responsible for determining when pasture rotations are necessary? 10.Have you ever worked with the Natural Resources Conservation Service or applied for grant funds to assist in infrastructure improvements relevant to your livestock operation? D. REFERENCES: Provide three (3) references. References should be three (3) different external agencies/clients/advisors who have extensive knowledge of your cattle grazing operation and are willing to validate your past performance managing livestock and natural resources on leased and/or owned land. At least one (1) reference should be a past or current land owner/agency from whom the individual or firm submitting this proposal has been in a grazing contract or agreement with in the past five (5) years. Please include: 1. Name of Contact Person 2. Name of Company/Agency 3. Telephone Number 4. Physical Address 5. E-Mail Address Packet Page -1285- 12 5/27/2014 16.D.7. E. INSURANCE REQUIREMENT: Individuals or firms submitting a proposal in response to this ITB will be required to obtain insurance coverage in accordance with the provisions listed in Article 10 of the 'DRAFT Cattle Lease Agreement' included as Attachment A to this ITB. Please indicate that the cattle operator will be able to obtain the required minimum insurance requirements for operating on County property should the cattle operator be chosen to enter into a cattle lease agreement with Collier County. Article 10 — Cattle Lease Agreement: "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." Under FL Statute 440, only cattle operators that employ four (4) or more part or full-time employees must obtain workers' compensation coverage. Sole proprietors, partners, or day laborers that are not on the operator's payroll and are covered under separate insurance are not considered part or full-time employees. Day laborers may also sign a Collier County liability waiver in lieu of proof of insurance. Liability waiver is attached as Attachment E. F. CATTLE LEASE AGREEMENT: Please provide a statement of the applicant's acceptance of the terms in.the "DRAFT Cattle Lease Agreement" (Attachment A) or any reservations the applicant has with the Lease Requirements. Packet Page -1286- 13 5/27/2014 16.D.7. ATTACHMENT A — DRAFT Cattle Lease Agreement Cattle Lease Lease# LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2014, between, by its undersigned General Partners, whose address is , 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". WITNES SETH In consideration of the mutual covenants contained herein, and other valuable consideration,the parties agree as follows: ARTICLE 1. 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. Packet Page -1287- 14 5/27/2014 16.D.7. 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 for the Demised Premises the sum of XXXX Dollars and XXXXX Cents ($XX.XX) per Animal Unit per year. Annual payment to the County shall be accompanied by a certification stating the number and age class of"Animal Units" (AU's) 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 the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Packet Page-1288- 15 5/27/2014 16.D.7. 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 teims 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 therefrom 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. ARTICLE 10. Insurance Packet Page -1289- 16 5/27/2014 16.D.7. 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, 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, in a location agreed upon with County staff, 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 and perform initial treatment for control of approximately twenty four and nine tenths (24.9) acres of Brazilian pepper within and adjacent to improved pastures by the end of the second year of the initial teini of this lease. 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 County staff. 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 as a means 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, LESSOR, 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 Packet Page -1290- 17 5/27/2014 16.D.7. 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. 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 followinc: • 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. (d) Adjudication as bankrupt. Packet Page-1291- 18 5/27/2014 16.D.7. (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 c/o Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 cc: Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 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 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. Packet Page -1292- 19 5/27/2014 16.D.7. 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 LESSOR at least three (3) days prior to any planned cattle round-up or additional cattle release, to allow LESSOR 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 during the first two years of the initial term of the cattle lease. LESSEE shall maintain no less than One Hundred Fifty(150)and no more than Two Hundred (200)Animal Units at the Demised Premises during the third year and subsequent years of the cattle lease. 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. (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. Packet Page -1293- 20 5/27/2014 16.D.7. (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 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. 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, teims 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 Aereement. 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. Assienment 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. 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. BROCK,Clerk COLLIER COUNTY,FLORIDA Packet Page -1294- 21 5/27/2014 16.D.7. BY: Deputy Clerk Tom Henning, CHAIRMAN AS TO LESSEE: DATED: WITNESSES: (Signature) (Print Name) BY: (Signature) (Print Name) (Signature) (Print Name) BY: (Signature) (Print Name) Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Packet Page-1295- 22 5/27/2014 16.D.7. Exhibit "A" (Legal Description of Demised Property) Property Tax Identification Number: 00052360002 A parcel of land lying in the East Half(E'/a) of the East Half(E'/z) 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 88°57'47" 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 88°57'47"W, along the south line of the Southeast Quarter(SE' ) of said Section 22, for a distance of 330.09 feet; thence run N 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%) 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: 00052680009 Packet Page -1296- 23 5/27/2014 16.D.7. The Southeast Quarter (SE'/) of the Southwest Quarter (SW1/4) 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(EA) of the East Half(E%2) 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 88°5T47" 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 88°57'47" W, along the south line of the Southeast Quarter(SEA) 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 Packet Page -1297- 24 5/27/2014 16.D.7. CZ _,t?'� �1 f-- CU CN a —' ¢ CZ P. 'a ti c J a) 0 CO N C J a cu I a. Q1 – v T s IY cu m Ll. —I a: 0a p f1) s� a CZ .,Y �.,.� cu a .' ; Q — C) a d 5 r C7 . �' — 0 . w v C� O absieOPaoieal Cr {y�t(L'�4 a .. 9. re � H ��"F Am. I_ Y� g. tom. 0 OW a t, CL CD u <I S t r 4 e,,i G3. ss�` x� 4 x 1 t; u j 4 4 a d ;mot � `. L S 3 .q, L. e din E. aG: s:.y t, a C1 c, {.s.+.�Y u'x.. J t�yj} `r'n F; E' 5 d _ Z r W i a r r. .:C ! t a ri 9: - a L)0: m Uu C,t,G Packet Page -1298- 25 5/27/2014 16.D.7. ATTACHMENT B — USDA Pepper Ranch Preserve Prescribed Grazing Plan Definition: Prescribed grazing is the controlled harvest of vegetation with grazing and browsing animals, managed with the intent to achieve a specified objective. For this project, Prescribed Grazing may be used as a tool to assist in the restoration/maintenance of the ranch, in conjunction with Brush Control, Pest Management, and other practices needed to restore wildlife habitat, natural hydrology, and native plant communities. The grazing plan will be adjusted as needed to address resource concerns and the restoration objectives. Livestock Forage Inventory: Livestock Forage Inventories are estimates of available forage in each pasture. These estimates are then used to project stocking rates and feed requirements annually. The following Livestock Forage Inventory was evaluated at the time of the development of this plan. Forage availability will vary due to climatic conditions and management of grazing system. The forage inventory should be evaluated on a regular basis to ensure proper forage requirements of the livestock are met. The main forage is Bahia grass planted in pastures. Smut grass, Dog fennel, TSA and Pigweed covers at least 5-10% of the plant composition in pastures, with grass production ranging from 90-95 %. The Rangeland areas were not studied in detail. The overall vegetative conditions suggested the ranch is stocked at or slightly below the carrying capacity. Forage Inventory Identified the following conditions/ concerns: - The carrying capacity of the site is expected to change with the implementation of the land management practices such as brush management. These changes may significantly increase or decrease the amount of forage produced. - Overall vegetative conditions and plant species indicate that the project area is stocked at or below the sustainable carrying capacity. - Noxious and invasive weeds including Brazilian Pepper-Tree and Tropical Soda Apple were observed on the property, the landowner has and will continue to implement an aggressive pest management program. A high number of wildlife utilize to area to include Turkey, White-tailed deer and various other species. Most pastures are in good condition and show no signs of being overgrazed. The Prescribed Grazing Plan contains 10 items which should be implemented annually in order to achieve the desired results. 1. Rotational Grazing should be applied to maintain and improve the health and vigor of the plant community. 2. Proper Grazing Use will be applied to all grazed areas to regulate the amount of herbage removed by grazing animals. During the growing season, the degree of use of native vegetation will be limited to 50% (by weight) of the current year's growth. 3. Stubble heights will be used to guide grazing management decisions. Packet Page -1299- 26 5/27/2014 16.D.7. 4. Nesting Period —The rotational grazing system should be managed to provide an undisturbed nesting period for ground nesting species at least once every 4 years. Livestock should be removed from the grazing unit for a period 4 to 6 weeks in length during the period between February 1 and June 30. 5. Deferment periods should be provided following all mechanical and/or chemical brush management activities. This will allow desirable plants to recover from the stress or damage caused by the treatment. The length of the deferment periods will be at least 90 consecutive days during the period of June 1 through October 1. 6. Supplemental feed should be provided to livestock during periods when forage quality and quantity is low. 7. Weed prevention and control -All planting material and other supplemental feed will be free of noxious or invasive weed seed. An aggressive pest management plan has already been implemented to combat encroachment of invasive-exotic species. 8. Feeding Area Management -All supplemental feed provided to domestic livestock will be fed on upland areas at least 100 feet away from wetlands, streams, ditches, and ponds. Supplement feeders will be well dispersed across the landscape. Supplemental feeding locations will be moved at least once every 30 days. 9. Portable feeders will be used to provide protein, mineral, and other supplements to livestock. These feeders will be moved as needed to improve livestock distribution and prevent undesirable effects on the landscape. 10. Plan Review—Annual reviews should be scheduled with the local Natural Resources Conservation Service (NRCS) office, to ensure the plan meets the goals and objectives of the property and those of the livestock owner. Plant Communities Descriptions: Improved Pasture— Main forage is Bahia grass in all pastures. Most pastures are in good condition. Some pastures contain Smut Grass, some Dog Fennel and Tropical Soda Apple. Plant composition transects shows an average of 65-80 % Bahia grass and 5-15 % Smut grass, Dog fennel, Pigweed and TSA, 5% sedges and other grass-likes. Suggested stocking rate for is Bahia 2-5 AUM/Acre. Freshwater Marsh-1 -Wet areas with mainly wetland plants, flooded for most of the wet season and are considered very important habitat for many wildlife species. Fresh water marshes have been split into two categories based on plant composition and wetland functionality. FWM-1 contains many native plants such as Maidencane, Bluestems, pickerel weed, Juncus and invasive torpedo grass. These wetlands are believed to be close to functioning wetland's holding water through most of the year due to limited impacts to hydrology. Suggested stocking rate is 3-13 Ac/AU. Freshwater Marsh-2 - Wet areas with mainly wetland plants, flooded for most of the wet season and are considered very important habitat for many wildlife species. FWM-2 is considered heavily degraded based on plant composition. Plant composition is mainly comprised of Bluestems, Bahia, Wax myrtles, Willows and other invasive plants. These areas now function similar to wet prairie, and stocking rate varies based on amount of woody invasion. Suggested stocking rate is 3-13 Ac/AU. Packet Page -1300- 27 5/27/2014 16.D.7. Wet Prairie—This community is primarily comprised of Bluestems at 75%, Bahia 20% and other native grasses. Wet Prairie areas were noted to be in good condition. Suggested stoking rate is 3-6 Ac/AU. Wetland Hardwood Hammock - This community is present but not widespread. This community mainly consists of Bay, Cypress and Red Maple trees. This community has a low Potential for producing forage due to the dense canopy cover of hardwoods and associated palms. These will provide protection from cold weather and shade during hot summer months. There will be little forage available when the canopy cover exceeds 60 percent. Suggested stocking rate is 20-25 Ac/AU. Semi-improved/South Florida Flatwoods-This area is mainly composed of slash pine over story and an understory mainly consisting of Bahia, Bluestems and saw palmetto. Stocking rate will decrease as canopy density increases, due to loss of sun reaching competing understory. The Suggested Stocking rate is 3-7 Ac/AU. Recommended Grazing Heights and Length of Grazing Periods: Grazing animals can rapidly and substantially alter the productivity and amount of forage in each pasture because of grazing preferences and animal distribution. Overgrazing adversely affects wildlife habitat, plant growth, water, soil conservation, and plant persistence. Animals prefer improved pasture forages like the one listed below and avoid plants that are coarse and hard to digest. During the late spring, summer and early fall cattle tend graze upland areas and avoid grazing in wetlands such as sloughs and marshes if adequate forage is available. However, limited availability of forage plants on dryer areas may induce more grazing of the wetland plants in some seasons, and could result in overgrazing. Under-grazing results in forage waste, reduced quality, and reduced tiller development. Therefore, the number of animals on a specific area must be balanced with available forage to achieve the goals and objectives for this site. This will require monitoring of the forage availability on a regular basis and adjusting the stock density as needed to maintain a unique balance of desirable forage and important wetland vegetation. The following table lists common forages found in South Florida along with recommended heights to maintain healthy stands of forage: FORAGE TYPE Min. Ht. To Begin Grazing Min. Grazing Ht. Bahia grass 6" 2" Limpo grass 12" 4" Pangola Digitgrass 8" 6" Maidencane 12" 6-8" Chalky bluestem 12" 6-8" Grazing heights for native forage plants is dependent upon the species and the time of year the plant is grazed. For Native Grasses, remove no more that 50% (by weight) of the plant in any grazing event This will provide proper use of the forage while maintaining sufficient plant material to, provide wildlife habitat, protect the soil resource, and maintain the health of the plant community. Grazing periods should be kept relatively short to prevent the plants from being grazed before they have the opportunity to recover from the last grazing event. This will depend on the size of the herd and the area to be grazed. Use the forage heights shown in the previous table to determine the length of the grazing periods. Rest Periods should be provided between grazing events to all the plants to recovery from the effects of grazing. The recovery periods should be long enough to allow the forages to reach the Minimum Packet Page -1301- 28 5/27/2014 16.D.7. Height to Begin Grazing. Because the rest periods are based on the growth rate of the plants the length of the rest period will vary. The recommended recovery periods are shown in the following table: Resting Periods Based on Forage Growth Rate Forage Type Forage Growth Rate Fast Dormant (June1-Sept 1) Moderate (Nov 1- Mar 1) (Mar 1-June 1 Sept 1 — Nov 1) Bahiagrass 14-28 days 28-35 days 35-60 days or more Limpograss 14-21 days 28-35 days 35-60 days or more Pangolagrass 7-21 days 21-28 days 28-60 days or more Maidencane 28-35 days 35-45 days 45-60 days or more Chalky bluestem 28-35 days 35-45 days 45-60 days or more Adjustments to the Grazing System: Adjustments in the grazing management system will be necessary during and after restoration and other management activities, such as planting, prescribed burning or pest management. The adjustments will provide a suitable period for the vegetation to recover from the management activity or as dictated by pesticide label restrictions. A deferment from grazing means the complete removal of all domestic animals for the duration of the deferment. if buffer areas are developed around specific wetlands or other areas within the area during the restoration process, livestock grazing may be permitted during dry periods of the year. This will help to utilize available forages within the buffer and control woody vegetation. Stocking rates should be adjusted to assure that grazing is complete within one week. The minimum grazing heights for corresponding grasses shall not be exceeded. When prescribed burning is applied, grazing shall be deferred as follows: Improved pasture areas 30-60 days during the growing season (Marl-Oct1) Flatwoods 30-90 days during the growing season (Marl-Oct1) Fresh Water Marsh and Slough 30-90 days during the growing season (Marl-Oct1) Areas that have been disturbed and/or planted to native vegetation shall be deferred from grazing for a minimum of 1 complete growing season following planting or until the grass is well established and produces seed. Native grass plantings generally require 2 complete growing seasons to become well established. The deferment shall continue until a NRCS Rangeland or Grazing Land Specialist has provided approval. Temporary fences may be used to protect small areas during the deferment period. Areas that have been mechanically treated to control and other planted will be provided a deferment period to allow herbaceous plants to recover. The deferment will be a minimum of 90 consecutive days during the period of March 1 to December 1, unless only spot control was applied. Packet Page -1302- 29 5/27/2014 16.D.7. If herbicides used to control common weeds and invasive species the grazing management will be adjusted to meet the requirements (if any) listed on the herbicide label. Cattle will not be allowed to re- enter the area for the duration shown on the herbicide label. Operation and Maintenance: The location of mineral and supplement feeders will be moved routinely to evenly distribute grazing animals throughout the pasture. The herd will be rotated to a fresh pasture when the average stubble height falls below the recommended minimum grazing height. When possible, the grazing period should be 14 days or less and the pastures allowed a recovery period of 21 days or until the forage reaches the recommended height to begin grazing. It is recommended that records be kept regarding the management of the grazing system in order to properly evaluate and modify the grazing system. These records may be maintained by the manager of the grazing system and provided to representatives of the USDA-Natural Resources Conservation Service for plan revisions. If records are maintained, the following information for each field is recommended: 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. The records will help to identify problems and refine the grazing schedule. Contingency Management Plan: Forage supplies shall be evaluated daily or weekly to determine if forage supplies and quality are adequate to meet livestock demand. When the forage is not adequate, the grazing system should be adjusted or supplemental feed may be supplied. When prolonged periods of adverse climatic condition effect the supply of forage, the grazing system and/or stocking rates shall be adjusted or additional supplemental feed may be provided. Packet Page -1303- 30 5/27/2014 16.D.7. ATTACHMENT C — Pepper Ranch Preserve Cattle Infrastructure Map f t rr "' ,.ao- .wc..�' .--, -°--- ' -iii;:ui,;;;:ilioik-"'",4 '°*E x . st"`- G.7 0 -" 3 "- ° — k *;, i I I fa 1 t1) " L C6 t34 Do 1� �1 �'kA� - J�sa*� �i tr � as w C ( rC ,� ^, k t �nr ry 4 11 J y� ti) '• ' '. ''':..-"- :' ,- ''''''-'-'1...','•-•.•;,...-•'';',',44.,,,, i ''''''',„.,-- ' ''' 4.? ,, ,_ , '''. ',..... a� � '^'- 1'ate r ��'�" s '£'iY � L'" ; � F� a ti ya 2' E 1,i u. ■ < w r'o Packet Page -1304- 31 5/27/2014 16.D.7. ATTACHMENT D — Pepper Ranch Preserve Improved Pasture and Brazilian Pepper Map �fi4 $, 1 r t-" ' w . ` - ` . w �..�gMMww ., .a Ob a� ar " ,.fir_ ±¢ t„ �tP! V) } jiiikik. r ,e nwsr �.. �xr tti o f 2. c CR Q) u; - a t t Alin L- (1} CL 10. • c•3 t 03 c;',4-.1. it CD i z w,CL �` � ," a) ` . '. K w 4 Q P �y "�j UK C F ) P.p,4San [) i v,.'.,. 32 Packet Page -1305- 5/27/2014 16.D.7. ATTACHMENT E - Liability Insurance Waiver CONSERVATION COLLIER PROGRAM LIABILITY RELEASE FORM FOR AND IN CONSIDERATION OF the request made of me to perform cattle operation tasks on Conservation Collier lands, I, for myself, my heirs, executors, and personal representatives, I hereby accept all risk and responsibility, and do hereby indemnify, release and discharge the Conservation Collier Program, the Collier County Parks and Recreation Department and the Collier County Board of County Commissioners, their officers, agents and employees against and from any and all liability, claims, and right of action for my death, or injury to me or my property, or any other type of damage, which may occur at any time arising out of the granting of this request whether or not any such damages are due to alleged negligence of any agent, employee or other worker of the Conservation Collier Program, and the Parks and Recreation Department or the Collier County Board of County Commissioners and the County of Collier. I understand that I am an independent contractor and I am not an employee of the Collier County Board of Commissioners and that no employer/employee relationship exists between the parties. Therefore, in the event of injury to myself or anyone working on my behalf during the course of performing these contracted duties, I waive all rights of compensation under the Florida Workers' Compensation statute or other applicable statues. Date Signature Staff Section Date County Manager or Designee Packet Page -1306- 33 5/27/2014 16.D.7. Lake Trafford Ranch, LLLP March 17,2014 Collier County North Collier Regional Park Conservation Collier Program ATTN:Pepper Ranch Preserve Grazing Lease Proposal 15000 Livingston Road Naples, FL 34109 Dear Conservation Collier Representative: Enclosed herewith is the Lake Trafford Ranch, LLLP bid submittal for the Pepper Ranch Cattle Lease. As you are aware, we have managed the cattle operation for the past ten (10)years on Pepper Ranch. Prior to our decision to not renew the previous cattle operation lease we noted many deficiencies in how the property was managed. There were areas that had been over-grazed for many years. In our opinion,this was detrimental to the Ranch value and the natural ecosystem. In addition,fencing, gates, pasture mowing and cattle management were severely neglected. We spent hundreds of thousands of dollars removing exotics, building fences, performing prescribed burns and doing other activities to improve the viability of the cattle ranching in combination with natural resource management. We are very aware of the multiple activities the County allows on the Ranch and we have embraced those in every aspect. We have supported the hunting program, both adult and youth,and scheduled various cattle management activities around those activities. We will continue to work with Conservation Collier staff during the term of this lease if we are awarded the lease. Specific required information requested is as follows: 1. Lake Trafford Ranch,LLLP is a limited liability limited partnership 2. The General Partners are Christopher L. Allen and Thomas M. Taylor. Limited Partners are Joyce Pepper Hearn and Gene Hearn. The corporate address is 6301 Shirley Street, Naples, FL 34109. Chris' contact telephone is 239-253-8488.Tom's telephone is 239-572-3321.Tom's email is tomtavlor(cthmenR.com and the Fax#is 239-254-2098. a. Tom Taylor is the contact for clarification. b. Tom Taylor is authorized to negofiate the lease. c. Both Chris Allen and Tom Taylor are authorized to act on behalf of the organization. 3. We acknowledge receipt of the bid specification package,Addendum#1 and Addendum#2. If you have addition questions or need clarification of our proposal please contact us at your convenience. Sincerely, Thomas M.Taylor V General Partner Lake Trafford Ranch, LLLP 1 Packet Page -1307- 5/27/2014 16.D.7. B. BID Lake Trafford Ranch's bid is$121.00/AU, with an annual payment of$24,200 for 200 AU each year.The total five year payment will be $121,000.00. Packet Page -1308- 5/27/2014 16.D.7. C. STATEMENT OF EXPERIENCE 1. Lake Trafford Ranch has managed the cattle operation on Pepper Ranch for the past ten (10) years. Our cattle manager, Clint Raulerson has managed cattle on Pepper Ranch during this same ten (10)years, and, in addition, he has been a rancher and cattle manager for more than 30 years in Southwest Florida. He also serves as the cattle manager for Half Circle L Ranch, a 10,000 acre ranch located in Collier and Hendry Counties. Mr. Raulerson has a continuing family heritage of ranching cattle management for 85 years in Southwest Florida beginning with his grandfather and continuing with his father and uncle. 2. Pepper Ranch is the only property in which Lake Trafford Ranch operates. a. Collier County adjacent to Lake Trafford b. 2,300 ac. approximately c. Five years including options, and this lease is currently expiring d. Combination of improved pasture land (600+acres) with the balance as unimproved (native habitat) pasture with some environmentally sensitive areas e. Year round grazing with the unimproved pasture more highly utilized in the winter months as growth of Bahia pasture grass slows f. Hybrid mix of angus, beefmaster, and charolais g. Collier County(Conservation Collier) 3. We have managed the cattle grazing operations at Pepper Ranch since 2004 a. Five (5)years under Collier County ownership and the previous five (5)years under private ownership b. Cattle grazing has been managed through use of a combination of improved pasture management and unimproved (native habitat) pasture management. In 2004, after we did not renew the previous cattle tenant's lease, we cut the number of cattle grazing the property to reduce stress on the native habitat. Approximately one or two years prior to County purchase of the Ranch we performed prescribed burns in some of the native habitat and also the improved pastures.We harvested sabal palms that had over populated some of the native habitat, and also harvested sod in some of the improved pastures. Rotational grazing has been done as needed so that over-grazing does not occur. Mowing of the improved pastures is performed at least once per year to control woody plant growth and to stimulate more nutrient rich grass growth. We began a continuing process of exotics - removal (primarily Brazilian pepper) adjacent to pastures and rebuilt significant fencing. Additional exotics removal is needed to continue improving improved grazing areas and native habitat. We believe the techniques employed over the past ten (10)years on the Pepper Ranch has resulted in an improved, very diverse habitat that carries a strong population of native game including deer, wild turkey, caracara, bobcat, an occasional panther, sandhill crane, and many species of native wading birds.The use of cattle to assist in managing the land has resulted in a good mix of habitats that requires a relatively small annual monetary investment by the County. Most of the expense of land management made by the County is focused on exotics elimination/control that had been well established prior to our or the County's investment in the Ranch. 4. The partners of Lake Trafford Ranch have a long history with the Ranch. Gene Hearn and his mother Joyce Pepper Hearn remain partners whose family owned the Ranch since the early 20th century.They continue to have an interest in keeping the Ranch a valuable asset to Collier County and can provide a historical perspective if needed. The general partners and our cattle manager have been active on the Ranch for the past ten years and have experience with just about any event that may occur on the Ranch whether that involves maintenance, repairs, or Packet Page -1309- 5/27/2014 16.D.7. cattle getting out of the property boundary. Our institutional understanding of the Ranch, willingness to support all County activities including hunting, and experience in coordinating with County staff is a benefit to the Ranch and Collier County. 5. Fence repair and gate installation is most often done in-house. More extensive fence installation is generally performed by sub-contractor. 6. Lake Trafford Ranch owns a cattle squeeze chute,John Deere 7810 tractor, a 15 foot bat wing mower, a roto-tiller, a number of mineral feeders, molasses tanks, large portable supplemental feeders, and a mechanical sprayer among other miscellaneous tools and equipment.The partners own additional equipment including horses,trucks, trailers for hauling cattle, back hoes, bulldozers, and various other construction equipment if needed.Our cattle manager has trucks and trailers for hauling cattle, and horses and cattle dogs for cattle round-up. Most often used equipment such as the tractor and mower are not used in other locations so there is no opportunity to bring exotic plant seeds from off-site onto the Ranch. 7. Our cattle manager is on-site a minimum twice per week and sometimes more often. He is present for all cattle operations involving working cattle for parasite treatment, calf operations, and hauling of calves.The round up of cattle occurs approximately three to four times per year for different purposes such as those listed herein. Round up occurs at least once during the summer for parasite treatment, generally once during the late spring for calf operations, and once or twice in the late summer/early fall for calf hauling. 8. Although emergency calls don't happen very often, when they do it is important to respond quickly. Our cattle manager lives just a few miles from the Ranch property. His response time is generally less than 20 minutes but not more than 1 hour. 9. Our cattle manager is on-site routinely for assessing herd and range condition. It is his decision to move cattle from one pasture to another. We encourage him to communicate regularly with the County's Ranch management team to address any concerns or requests. It is also his responsibility to keep the partners informed of any problems or issues that may arise. Of course, direct communication between the partners and the County is encouraged as necessary to address any issue of concern. 10. The County had an NRCS assessment performed on the Ranch to determine herd carrying capacity. We believe the determination was that a greater cattle herd capacity could be maintained, but we remained conservative knowing the County had multiple purposes for the Ranch, including the planned harvesting of mitigation credits and Panther Habitat Units.We have not pursued NRCS grant funding. Packet Page-1310- 5/27/2014 16.D.7. D. REFERENCES 1. Ms.Christal Segura Conservation Collier 239-252-2495 15000 Livingston Road, Naples, FL 34109 christaisegura@colliergov.net 2. Ms. Melissa Hennig Conservation Collier 239-252-2957 15000 Livingston Road, Naples, FL 34109 melissahennig @colliergov.net 3. Mr. Marco Espinar Collier Environmental Consultants 239-263-2747 3880 Estey Avenue, Naples, FL 34104 marcoe@prodigy.net Packet Page-1311- 5/27/2014 16.D.7. E. INSURANCE REQUIREMENTS 1. Please see the attached insurance certificate. We do not have more than four employees.We do occasionally hire day labor and will utilize the County provided Liability Waiver. Packet Page -1312- �--� 5/27/2014 16.D.7. ACQR©® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYYY) 1/4"".--- 2/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMF; Lutgert Insurance-Naples PHONE ---- rt _,A,, ,,,,,.E,,..,,..'nQ_9R9-7171 Fax PO BOX 1 12�J00 EMAIL LAID Nj73Q-7R7-E16C) _. Naples FL 34108 INSURER(S)AFFORDING COVERAGE NAIC A -..._ INSURER EC,QI If)Cliranoe Company 1(1178 INSURED LAKET-1 INSURER B:FOCI Comm1(nsl Trance Co 33477 Lake Trafford Ranch,LLLP. INSURER c Tom Taylor -------__----___-_ 6301 Shirley St INSURERD INaples FL 34109 INSURERE INSURER F. COVERAGES CERTIFICATE NUMBER:82/355264 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - — ---- — IttSi+ IADOt'SUER POLICY EFf POLICY E%P -- — -----. _... I"1 t. , TYPE OF INSURANCE i INSR WVD POLICY NUMBER =IMM/DrGYYYY: (MM1nD7YYYY)r LIMITS ., I GENERAL LIABILITY 151 OUD)3:;)S 7/1/20)3 7/1/2014 „, i,.r�C,LTR FLOE -::1,00'1,00D :'. _.7vE�-.,IM_C.,�'JEFtkL L!AHIiIT�' Jr,4A C virl { PPEt ▪S.�.r o ru pricey 100.00/) ' CLAIMS-I1ADE IX t OCCUR 1 _. �- - --- n1EC P,.,r;v ntet nprsrtn) sit?/3u I I __- i PEfi DN L$ADc 1 dJUt'Y S.1.000,D00 GENERAL AG RC A E C2.000,030 GEN AGGREGATE LIMIT APPLIES PER I PROC I• COMPROT AGO 00D 000 ., ix.. LC..:7, I IFarm ADll:Aron I.lab .._a,003 A AUTOMOBILE LIABILITY 'LA00097567 ;7;1 -02:. 7172014 C cerf , SIOU E iI) : _ X i ANY AUTO ! I BODILY INJURY(Per person) Locu.pa) L OWNED I I SCHEDULED _ AUTOS .AUTOS BODILY INJURY(Per eccident! li NON-OWNED -+Ir1EO AUTOS PROPERTY rI DAY AGE __. _AUTOS t i t S UMBRELLA LIAR I' ,CCI:A Ul1E 0U:5405 7(1/2013 t711/2314 EACH C �� EXCESS LIAR `IRR t}.?(.Ci} RLAII MADE .AGGREGATE S',00/.1,00(7 T ,1r_00 C— —. WORKERS COMPENSATION - ; 1 A_I /� AND EMPLOYERS'LIABILITY YIN - J Mi - _-r ANY'PROPRIETOR/PARTNER/EXECUTIVE r L RASP A”, DEIO _ I OFFICER/MEMBER EXCLUDED? :NI A _ (Mandatory i n NH) ( E L DISEASE-En Er A_N 1 yr ( r Ut J ':RS el 1.)F ri _ ._ s-pA C L INSTeGF-PtiTt.T.:LTG^- It DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) "For Pepper Ranch Preserve Cattle Lease" Collier COunty Board of County Commissioners is Additional Insured with regards to Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Comissioners Contractors ACCORDANCE WITH THE POLICY PROVISIONS. Licensing 2800 North Horseshoe Dave Naples FL 34104 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserveo. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • Packet Page -1313 5/27/2014 16.D.7. F. CATTLE LEASE AGREEMENT 1. We will accept the terms of the lease as proposed except those changes that may be required per the options available under Addendum#2. Packet Page-1314- 5/27/2014 16.D.7. Partner Cattle Owners: Jerry Skates, Velton Flint and Chase Pearce. Jerry Clinton Skates 2687 Old Lakeport Road Moore Haven, FL 33471 863.634.4329 March 14, 2014 North Collier Regional Park ATTN: Pepper Ranch Preserve Grazing Lease Proposal Conservation Collier Program 15000 Livingston Road Naples, FL 34109 Dear Collier County Board of Commissioners Parks and Recreation: Attached is our bid for grazing Lease at the Pepper Ranch Preserve in Immokalee. This bid is based on the information provided at this time and of experience in the cattle business. Thank you for giving us this opportunity. We look forward to hearing from you. Sincerely, Jerry Skates Partner Enclosure ; t NW, Packet Page -1315- 5/27/2014 16.D.7. Bid per Animal Unit per year: Per AU= $120.00 -.-. :7:7 ..x:,,J.i 4,71"L:C:-.. ':!.::::Zi. 3 .7.3:.. f;.;1:•:;:::',',(. ... — ''..:2 I:',....L.,‘:.i..(.)(.: TTJTAL: Ell FY' =5: 6frg...t.O'D Packet Page -1316- 5/27/2014 16.D.7. Experience: 1. I have had 42 years of experience in the cattle business and 14 years under the Director of Natural Resources managing cattle operations on leased land and Tribal land for the Seminole Tribe of Florida. 2. For the past 14 years, I have managed the Parker Island ranch that is located in Lake Placid, Florida on 4,000 acres of muck land. This ranch operates commercial cattle and calves for sale. The livestock is owned by the Seminole Tribe of Florida. I have also managed cattle on 2,300 acres of Tribal land on the St. Thomas ranch located on the Brighton Reservation. This ranch as well operates commercial cattle for sale. I have also have the pasture maintenance knowledge of mowing, burning, chopping, rotating cattle, planting legumes for positive results and water resources. The season of use is generally yearly. I consider my area of expertise in the cattle business to cow and calf management. I have 30 years of experience in fence contracting. The following is a list of equipment owned or readily available for use to achieve the desired resource management. • 90 HP John Deere tractor • 15 Ft Batwing mower • Skid steer and attachments • 28 Ft stock trailer • 24 Ft stock trailer • Hydraulic squeeze chute • Herbicide sprayer • 1 ton truck and other misc. equipment Packet Page -1317- 5/27/2014 16.D.7. The need for site presence is about once weekly to check cattle and fencing; more so during the calving season. The mowing schedule is typically in June and July; 14— 21 days. In the event of an emergency,my response time is immediate,however; depending 7 on location at the time of said emergency; time can take between 30 minutes to 1 and 1 half hour. During the weekly cattle and pasture checks is the time to consider rotation and as well as evaluate cattle's health. Yes, I have worked with or for the natural resources Conservation Service and/or applied for grants relevant to the livestock operation. Packet Page -1318- 5/27/2014 16.D.7. References: Alex Johns Seminole Tribe of Florida,Natural Resources Director 863.763.5020 15465 Reservation Road Okeechobee. FL 34974 Clifford Rucks C&M Rucks Dairy 863.610.3046 Physical address unavailable Email address unavailable Mark Pearce Pearce Cattle & Ranch 863.763.0569 Physical address unavailable Email address unavailable Packet Page-1319- 5/27/2014 16.D.7. Insurance Requirement: Insurance was sent to Melissa Hennig by email on 03.12.2014 from Farm Bureau Insurance in Ft. Myers, Florida. Packet Page -1320- 5/27/2014 16.D.7. CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. FLORIDA FARM BUREAU INSURANCE COMPANIES COMPANIES AFFORDING COVERAGES: P.O. BOX 147030 Company GAINESVILLE, FLORIDA 32614-7030 Letter A: Florida Farm Bureau General Ins. Co. NAME AND ADDRESS OF INSURED: CURTIS W & JERRY SKATES Company DBA SKATES CATTLE CO Letter B: 2687 OLD LAKEPORT RD MOORE HAVEN FL 033471 Florida Farm Bureau Casualty Ins. Co. The policies of insurance listed below have been Issued to the insured named above and are in force at this lime.Notwithstanding any reau,rement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. CO. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION LTR (MWDD/YY) DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS , General Liability: General Aggregate i $ 10 0 0 Products-completed Commercial General Liability operations aggregate $ 10 0 0 (Occurrence Form) A JOwner's&Contractor's SGL 9509724 06/01/13 06/01/14 Personal&Advertising injury $ 500 Protective Each Occurrence $ 500 Ti]Farmer's Personal Liability Fire Damage(Any one fire) $ 5 0 Medical Expense(Any one person) $ 5 Automobile Liability: El auto Combined Single Limit $ ...I All owned autos Bodily Injury Ili (Per Person) $ Scheduled autos I!. Hied autos IBodily Injury c (Per Accident) W Non-owned autos Property Damage $ Excess Liability: Each Aggregate � Umbrella Form Occurrence � J Other than Umbrella form Employers Liability: - iJ Farm Employer's Liability $ Farm Occurreneel Farm Employee's Medical j3 Other: I,Each Emaleyeel $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES: SEE FORM CG 20 24 11 85 CANCELLATION:Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 10 days written notice to the below named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: COUNTY CODE 36 DATE ISSUED 03/12/14 AS PROOF OF INSURANCE CURTIS W & JERRY SKATES Serviced by LEE County Farm Bureau DBA SKATES CATTLE CO 2687 OLD LAKEPORT RD E WENDELL WILLIAMS, INC, CLU, LUTCF MOORE HAVEN FL 33471-7967 AUTHORIZED REPRESENTATIVE 93-7-692(Rev.5/93) Packet Page-1321-