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Agenda 09/09/2014 Item #16D14 9/9/201416.D.14. EXECUTIVE SUMMARY Recommendation to adopt a Resolution authorizing the County Manager or Designee to sign all documents necessary to report information on wetslips to the Florida Department of Environmental Protection and to take all actions necessary to ensure timely payment of invoices for related sovereignty submerged land lease fees. OBJECTIVE: To comply with the terms of submerged land leases with the Florida Department of Environmental Protection(FDEP)in an efficient and cost-effective manner. CONSIDERATIONS:FDEP requires a Sovereignty Submerged Land Lease Agreement for the public to use state owned submerged lands for docking facilities. The Board has approved Sovereignty Submerged Land Lease Agreement with the FDEP for Caxambas Pass Park, Goodland Park, and Cocohatchee River Park. Each Sovereignty Submerged Land Lease Agreement requires a set annual lease fee as well as a wet slip rental supplemental payment in accordance with the fee formula established by Rule 18-21.003, Florida Administrative Code. The following three documents are required to be submitted with the annual lease fee and supplemental lease fee: 1) Wet Slip Information Form; 2) Gross Income Reporting Form;and 3) Certification(requires signature). Historically, staff has presented invoices, completed forms and certifications to the Board. The process of receiving Board approval delays submittal of the required Reports and payments to the FDEP which subjects the County to a 12% late payment fee. Recently, the County was charged a 12% late payment fee for a late invoice. To avoid delays, this item requests Board adoption of a Resolution that will authorize the County Manager or designee to sign all documents necessary to report wet slip information to FDEP and take all actions necessary to ensure timely payment of invoices for lease fees. Lease amounts and typical annual supplemental payments are as follows: Name of Park Annual Lease Amount Typical Annual Lease Term Ends Supplemental Payment Caxambas $1,753.73 Varies- Approximately April 6,2018 $37 Goodland $8,642.53 Varies- Approximately May 5,2015 $2,300 Cocohatchee $3,460.63 Varies- Approximately June 24,2015 $260 Staff will continue to submit future Sovereignty Submerged Land Lease Agreements and renewals to the Board for approval.A sample invoice and reporting documents are attached as back-up to this item. /'� FISCAL IMPACT:Funds are allocated annually within the operating budgets in General Fund(001). Packet Page-1905- .c F�+»iw.>yiy .re.::.w�;gvbr:...x..tna.hraLerbW"tai3Y4+>,.:,.T.reHniis-r,wia.:!!zker. •...:t ..,n :.-:., ,;,.....,........... .. ^• „3• .. o.. .�,......,... ,,.>r'x.,..SU:a:.+. ;sU 9/9/201416.D.14. LEGAL CONSIDERATIONS: Section 125.74(2), Florida Statutes, grants the County Manager powers and duties which are administrative or ministerial powers. The proposed administrative process is consistent with Section 125.74(2). Accordingly, this item is approved as to form and legality and requires a majority vote for Board action.-JAB GROWTH MANAGEMENT IMPACT:No Growth Management Impact is associated with this action. RECOMMENDATION: That the Board of County Commissioners adopts a Resolution authorizing the County Manager or Designee to sign all documents necessary to report wet slip information to FDEP and take all actions necessary to ensure timely payment of invoices for sovereignty submerged lands lease fees. Prepared By:Natali Betancur,Operations Analyst,Parks and Recreation /-"N Packet Page-1906- 9/9/2014 16.D.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.14. Item Summary: Recommendation to adopt a Resolution authorizing the County Manager or Designee to sign all documents necessary to report information on wetslips to the Florida Department of Environmental Protection and to take all actions necessary to ensure timely payment of invoices for related sovereignty submerged land lease fees. Meeting Date: 9/9/2014 Prepared By Name:BetancurNatali Title: Operations Analyst,Beach&Water 8/11/2014 9:56:35 AM Approved By Name: McPhersonJeanine Title: Assistant Director-Parks&Recreation,Parks&Recreation Date: 8/11/2014 10:57:21 AM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 8/12/2014 9:34:33 AM Name: Washburnllonka Title:Manager-Park Operations,Parks&Recreation Date: 8/14/2014 12:59:52 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 8/19/2014 11:16:22 AM Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 8/19/2014 12:29:15 PM Name: CarnellSteve Title: Administrator-Public Services, Public Services Division Packet Page-1907- 9/9/2014 16.D.14. Date: 8/19/2014 1:47:09 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 8/29/2014 10:12:30 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/29/2014 10:52:02 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/29/2014 3:24:51 PM Name: OchsLeo Title: County Manager,County Managers Office Date: 8/30/2014 1:43:29 PM n Packet Page-1908- 9/9/2014 16.D.14. RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO EXECUTE SOVEREIGNTY SUBMERGED LANDS LEASE ANNUAL WETSLIP REVENUE REPORTS ON BEHALF OF THE COUNTY AND REMIT PAYMENTS TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE PUBLIC'S USE OF SOVEREIGNTY pSUBMERGED LANDS. WHEREAS, the public's use of Cocohatchee River Park, Caxambas Boat Park, and Goodland Boat Park, are regulated by Sovereignty Submerged Lands Leases between Collier County and the Florida Department of Environmental Protection(FDEP); and WHEREAS, each Sovereignty Submerged Land Lease Agreement requires the County to submit an annual "Sovereignty Submerged Lands Lease Annual Wetslip Revenue Report" (Report) which documents the number and types of wetslips within the lease boundary and the gross income received from the facilities; and WHEREAS, the Board of County Commissioners approves each report and its Chairman executes the required Certification which is then remitted to the FDEP along with the annual lease fee and wetslip rental supplemental charges; and WHEREAS,frequently,the process of receiving Board approval delays submittal of the required Reports and payments to the FDEP which subjects the County to a 12% late payment fee; and WHEREAS, the Board of County Commissioners desires to set forth an administrative process to ensure timely remittance of all annual fees and reports required by the above- referenced Sovereignty Submerged Lands Leases. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners hereby authorizes the County Manager, or his designee, to sign and remit the Sovereignty Submerged Lands Lease Annual Wetslip Revenue Report as required by the Cocohatchee River Park, Caxambas Boat Park, and Goodland Boat Park Sovereignty Submerged Lands Leases and further authorizes payment of the related annual lease fees and 1 Packet Page-1909- 9/9/2014 16.D.14. wetslip rental supplemental payments as invoiced by the Florida Department of Environmental Protection Agency. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the day of ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio �� Assistant County Attorneyq�<e 2 Packet Page-1910- 9/9/2014 16.D.14. CSL Cover Sheet DM ID Document Type: urrent Submerged Land Leases Instrument: Parent Lease [ ]Amendment to Lease [ ]Assignment of Lease [ ]Release [ ]Partial Release [ ]Easement [ ]Use Agreement [ ]Sublease [ ]Amendment to Sublease [ ]Assignment of Sublease [ ]Release of Sublease [ ]Partial Release of Sublease [ ]Other Lease Number: /053412/5 PA Number: Document Date: (p / /5 Submerged: X (Y) (N) C Water Body: 1 L P� 5 Original County: Co 111 Section: 20 Township: 52 S Range: 21p E Total Area/Area Unit: 6 8 2917 (A) creage (S)Square Feet County Book/Page/Type: /B /P / O OR Instrument Number: Comments: Date Prepped ID 9 The information on this page was collected during the prep phase of scanning and is an aid for data entry. Please refer to the document for actual information. Packet Page-1911- 9/9/2014 16.D.14. • This Instrument Prepared By: Karri M.Cummings Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No.125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BOT FILE NO.110534215 PA NO. THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Collier County.Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section Township 52 Range 26 East,in Caxambas Pass, golag County,containing 10.754 square feet, more or less,as is more particularly described and shown on Attachment A,dated January 7.2008. TO HAVE THE USE OF the hereinabove described premises from April 6.2013,the effective date of this lease renewal,through April 6.2018,the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 11-slip public docking facility (includes 1 slip for emergency fire and rescue vessel).a concrete boat ramp,and fixed shore parallel fishing pier to be used exclusively for launching and temporary mooring of recreational vessels and a Coast Guard auxiliary vessel in conjunction with an upland county park with concessions and bait shop business,with fueling facilities,with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health,whichever agency has jurisdiction,and without liveaboards as defined in paragraph 26 as shown and conditioned in Attachment A,and the State of Florida Department of Environmental Protection Noticed General Permit No.11-0191321-001, dated March 22,2002.and Consolidated Environmental Resource Permit No.11-0191321-003,dated May 16.2008, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of S1.753.73,plus sales tax pursuant to Section 212.031,Florida Statutes,if applicable,within 30 days of the date of receipt of the invoice.The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21.011,Florida Administrative Code. The State of Florida Department of Environmental Protection,Division of State Lands(the"Division")will notify the 1 see in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division as agent for the Lessor. [02] __._.. - Packet Page-1912- 9/9/2014 16.D.14. 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2)above,including the income,as defined in subsection 18-21.003(31),Florida Administrative Code,derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent(6%)of said annual income exceeds the base fee or minimum annual the established pursuant to Rule 18-21.011,Florida Administrative Code,for any lease year during the term of this lease,the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B)The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party,the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who,upon receipt,shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder.(C)The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor. 4.LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date.This assessment shall be computed at the rate of twelve percent(12%)per annum,calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease renewal,the Lessor is hereby specifically authorized and empowered to examine,for the term of this lease renewal including any extensions thereto plus three(3)additional years,at all reasonable hours,the books,records,contracts,and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two(2)above. 6. MAINTENANCE OF LESSEE'S RECORDS; The Lessee shall maintain separate accounting records for. (i)gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure,maintain and keep all records for the entire term of this lease renewal plus three(3)additional years. This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection Environmental Resource Permit. The Lessee shall not(i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential,from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships,from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats,from loadingfofoading commercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment i3 without first obtaining a regulatory permit/modified permit,if applicable,the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if applicable,and, if applicable,the removal of any structures which may no longer qualify for authorization under the modified lease. 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land, or the use thereof may be purchased,sold,or re-sold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease renewal,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b),Florida Administrative Code,in the riparian upland property that is more particularly described in Attachment A and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease,this lease may be terminated at the option of the Lessor. lithe Lessor terminates this lease,the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee.of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease,if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. Page 2 of la Pages Sovereignty Submerged Lands Lease No.110534215 Packet Page-1913- 9/9/2014 16.D.14. 10. ASSIGNMENT OF LEASE RENEWAL;This lease renewal shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 76828,Florida Statutes,as amended from time to time,or any other law providing limitations on claims. 12.NOTICES/COMPLIANCE/TERMINATION:The Lessee binds itself its successors and assigns,to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth,and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address: Collier County,Florida 3299 Tamiami Trail East,Suite 303 Naples,Florida 34112 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten(10)days before the change is effective.• 13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease renewal. 14. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any m,lesnl'Ps or illegal operations of any kind on the leased premises. 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 16. NON-DISCRIMINATION, The Lessee shall not discriminate against any individual because of that individual's race,color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased area. During the lease term,the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements,and,in the event that said placard becomes illegible at any time during the term of this lease renewal(including any extensions thereof),to notify the Lessor in writing,so that a replacement may be provided. 17. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. io. PERMISSION GRANTED: Upon expiration or cancellation of this lame renewal all pern fission granted hereunder shall cease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No.110534215 Packet Page-1914- 9/9/2014 16.D.14. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment E which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest 20. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal,such structures and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available to the Lessor under applicable laws,rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY; Subject to the noticing provisions of Paragraph 20 of this lease,any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RIPARIAN RIGHTS/F1NAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a fmal adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this lease renewal agreement at the option of the Lessor. 23. AMENDMENTS/MODIFICATIONS:This lease renewal is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease renewal must be in writing,must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment.Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. 24. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVmES/ADDITIONAL ACTIVITTES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures,fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,relocadion/realigtunent or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this agreement 25.COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 26.LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person or persons for any five(5)consecutive days or a total of ten(10)days within a thirty(30)day period. If liveaboards are authorized by paragraph one(1)of this lease,in no event shall such"liveaboard"status exceed six(6)months within any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No.110534215 Packet Page-1915- 9/9/2014 16.D.14. 27.GAMBLING VESSELS: During the term of this lease and any renewals,extensions,modifications or assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 28. y'INANCIAL CAPABILITY: To assure the Lessor that the Lessee has the financial capability to undertake and operate the project•authorized by this lease,the Lessee certifies to the Lessor as follows:(i)the Lessee is not the subject of a pending bankruptcy proceeding;(ii)the Lessee has no unsatisfied judgments entered against it; (iii)the Lessee has satisfied all state and local taxes for which it is responsible;and(iv)no other matters are pending or threatened against or affecting the Lessee or the Lessee's interest in the riparian upland property that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease.Any breach of this lease condition shall constitute a default under this lease. 29. SPECIAL LEASE CONDITIONS: A. Within 30 days after the completion of construction of the docking facility,Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and shall be required to replace the signs in the event they become faded,damaged or outdated. Lessee shall • ensure that the view of the signs is not obstructed by vegetation or structures.The number,type,and procedure for installation of these signs shall be in accordance with the handout,"Manatee Educational Signs,"which can be obtained from the Florida Fish and Wildlife Conservation Commission,Imperiled Species Management Section,620 S.Meridian Street—6A, Tallahassee,Florida 32399-1600(Phone 850/922-4330). B. Any vessel moored at the docking facility,on either a temporary or permanent basis,shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors,bow pulpits,and swim platforms. C. The Lessee shall prohibit mooring,on either a temporary or permanent basis,to the waterward face of the fishing pier along the east shoreline of the site. To ensure compliance,the Lessee shall place and maintain,during the term of this lease and any other subsequent renewal periods:(1)a guard and intermediate rail(s)consistent with the state or local building code(s)or a 4-foot high railing and 2-foot high intermediate railing along the easterly and southerly waterward boundaries of the structure;and(2)signs advising boaters that mooring at the above described locations,on either a temporary or permanent basis,is prohibited. D. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 and 328, Florida Statutes,or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. Page,of_13 Pages Sovereignty Submerged Lands Lease No.110534215 Packet Page-1916- -- 9/9/2014 16.D.14. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL --1 (� IMPROVEMENT TRUST FUND OF THE STATE 6�J�s LVi��LC ��1 Li / OF FLORIDA Original Signature (SEAL) BY: C j C `YYIC.' Ca Q1 Prim ype Name oAWitness J Cheryl C.McCall,Chief,Bureau of Public Land Administration,a.• � ' '( Division of State Lands,State of Florida Department of =�l l _:mow Environmental Protection,as agent for and on behalf of the •rit' al Signa 1,T411,17 Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type • •e of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON �. r'� The foregoing instrument was acknowledged before me this c� day of Q� r ,201:7; by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lan s, State of Florida Department of Environmental Protection,as agent for and on behalf of the Board of • ees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. r �� II APPRs V P .I CT—011Z'ROPER EXECUTION: C � t' (Y�/� ,` —•1'1,\A 3 No•. Public, [e of Florida DEP Attorney � �/� I rate Printed,Typed or `amr•ot8 ,y Public State of Florida `sii Kathy C Griffin My Commission E j.ffg,.. e` My Commission EE140787 ov Expires 11/7!2015 Commission/Serial No. WITNESSES: Collier Cowifv.Flo dui (SEAL) By its Board of Co. o issioners BY: Original Signature Original Sign. e of Executing Authority Georgia A.Hiller Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Chairwoman Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20_,by Georgia A.Hiller as Chairwoman,for and on behalf of the Board of County Commissioners of Collier County,Florida. She is personally known to me or who has produced ,as identification. My Commission Expires: Signature of Notary Public Notary Public,State of Commission/Serial No. Printed,Typed or Stamped Name Page 6 of 13 Pages • •t., Sovereignty Submerged Land Lease,No.110534215 Approved as to form and legality 13111 Frf..B PC.�IAih Assistant County Att ey � „`�.'�� P` -Attest alto Chairman's signatuce,oniq; Packet Page-1917- 9/9/2014 16.D.14. 909 Collier Court,Marco Island,FL-Google Maps https:l/maps.google.com/maps?—q&auurce- _gacor�cnacgcucuue—acy... { Address 909 Collier Ct �� Go• J�le Marco Island,FL 34145 ` n fL., -" "-x 1 �� y r a o r �ti � x elric['PO" St 3, ,"{tls i . N y x y ....,Ct .k i t: a r+ Fu M1.ValleyAvC p., ,0 'v J , �Ct o g a( Iti m r Mendel v C ; 4,64,-- , 4, N 1wy , ,,.r,l-,,�t An o_,,,,,,,,,41,-- t n .'ry� ,y�tti w114 .i. . . of *�• ttr 3 ) nt L; �'$ Y;L,. }yam• �°S r w 1-Ifm 'n d , i E K ��Qys '$%+ aa ors g _. /716.4.,,,..'+ zx : +` *.}`> N. :p� ti L� T: 1 r., 1# T �t X $Y y ,.... !'' 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N Ud j P m m N ° v <O m = m c O o W C IOD (2 7 0 a" N. - w cn "Cl a? @ c ° mto R A SN ai-, .. m O b g . n. 7 r -, tC)n C)'d p rod C _ 23 �a� • 0 m- rn C ' n pZtn -1 z m r"$ Z o m >m ac g " a n_, En tz m"< 70 m o .4 -i T , Attachment A Page 9 of 13 Pages SSLL No. 110534215 • Packet Page -1920- 9/9/2014 16.D.14. n S:\20055735\20055735 aILdw eet 3)tic Jan 07, 2008 - 2:49pm .—... !E! Sg,ir,s. CpN \ m o O w.�y 4'4,1 446.CD L%IDOetk,y ±u Di O O w N! O ` PAarftF147 8 N N G 1 c , . 4wa 2a°c 64 \,',:i m nq aP m..em�"i Vi ' �. o•o SmzJ mm mm 6y Z C z s '°g s z N tEy ",FO � + won ��g�x�$"'m^ rnaa / G a=yy s A a iS iazs=ln$± Ne o imQ=myo+ x�' . 8g u y m D S 2 0 Sti `tiV 1,a >F3 g G o a �� °°'�/`00 my �'"g °Yg O c O `g.Cd D . I —,-.j. P�mm CCU .J ( J4W 1! M � r� ° ( �/ °=m9? WO -o o app§ . ' o t1 Efx� o D- /r'�� u M ° Z CD i C/ <l'..�f UJ / z t7 n _I. b T m ,SG• �-� • y r x co Z m D 1. 4 ' -a O)K I ! 44 m z /'--0.--...., D D i 8 O m r moan m° w 4///��r,pir•' gym, r4 ff v� c o o �n/,,,/, �l�79_f-,- a co z m m mmiK N v $ Q i '•� �!D / z mm aou / / �-y k A 0 Nnlio N030B�OE ��llO��r/l'(�I� w Z / co R w-'8 x G '4°p' t0 /$ mg}Q_= a O r'.2=a , g -� a� !�I uo o_`i lq.. a 8 3./ i o f —1 /�T -� tiro °_ +u8 f? + m /a ° '"°" a O / \m s00.00.0p.E ay N / 4T, '�C n J C Fu d �A a M4•q/S NCR,si 8 ,� °j \ i C 2' ^c flfY Og. Sf'q E4T O m ril N /- G] Q StijOke �` � �s��fn m w. '70u, M m A • Attachment A Page 10 of 13 Pages • SSLL No.110534215 • • Packet Page-1921- 9/9/2014 16.D.14. S:\2 ms Amm m» _, _Jan c =a - z_ • %)� \ / . . )!q |2§ \ f§§E p©n ! \a[ % / E!b ! K-1 q \ ! # £ q � m z / ƒ GI / ! § 2 _ in 0 c VI | . , 444 n M /0. 1/ /m . . ƒ/ f} � § rn l / yy� � , a = o 9 GI /2" li! ƒ | CAXAMBAS PASS ( o ' 2,§ F �7%/) a tn rn _ § - • ate! • �$\B kƒ , >fn ; \-z §, §2 { ? • '1 B \ '22°' f 'E R § _ . $!(§kt¢`+ It4 ° ® 2&§=ee6B® 55 " `-.„ < |§° \,`« --, ! ® § d 2K I § -Al®§§ ® ; | §\ / 1 , ) ; + ¥ � § . k dJ , © 0 _ ! ■ §c§ x ® N 0 ln w ®9 !!n|2 / \ §�� Q § k g % q . K >dmj ~ ` % ° §\ '! ' ` 3 ; a \ ■ 7 ! Attachment A Page 11 of 13 Pa . sLL No E0534213 - - - - ' Packet Page-1922-• - - - rnauumu. .prepared IV 9/9/2014 16.D.14. ' U U Zi y(7 5 1963 110v PH 2 42 WtUAM I. V —TON, Esq. s. w:;, • `,: CG u:?..COUNTY 3250 S.W. Avenue r--.,.;,.,-.-- REbt,._ERARRANTY DEED nahi1; Fier:d-e.33129 .-w - ;,•• ,....\ i ""`•�-L'L THIS INDENTURE, made ,this .G day of October, 1983, �`A INT r A.D., between THE DELTONA CORPORATION, a Delaware corporation, v. .�, ;:"�. lawfully authorized to transact business in the State of Florida, C+ ° '"lC;e,�,,.:'. i'•+ party of the first part, and COLLIER COUNTY, a political Co '�'-'•�'"'•s 1 0 o ri. subdivision of the State of Florida, whose mailin address is 7 '`.�r,~„ Collier County Courthouse, Naples, Florida, 33942, the party of ii:'�;;' the second part. n Ems`; '4",' W I T N E S S E T H kt ih4t" 'r(; That the party of the first part, for and in consideration cm y1�">ra; ,, cm, • of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE 'a o r+r Gam to' k;;yf O? •::,' CONSIDERATION, to it in hand paid by the said party of the second f'r't '�-' t,�'d!5.%;. "', part, the receipt whereof,is hereby acknowledged, has granted, , .,!%;-'n. . bargained and sold to the said '' party of the second part, its ..R-; Y_ succes:..+cs and assigns forever, the following described land ''' situate, lying and being in the County of Collier and State of ••Y••;' Florida, to-wit: ;r, ,k,•,.,,•:;, ;•1j,, THAT PART OF: ltC�t L? 7. •� TRACT "B" OF MARCO BEACH UNIT TEN, accordirt °' �' � AL to the plat thereof, as recorded in Plat Book �Y-��••� p fur Yr 6, Pages 74 through 79 inclusive of the Public + -'s.c>; Records of Collier County, Florida and being iPa., d: �' more particularly described.as follows: •r )' BEGIN the Southwest corner of said Tract "e" , cp5-.. ��..�rr''rr�rr Jr_ p.,%a for the POINT OF BEGINNING of the parcel of Wt-',7. < land hereinafter described; said being . . .�ik?' ',.•- point bein f., on the Easterly right-of-way line of Collier 6�i% r. Court, as shown on said plat of Marco Beach `2 Unit Ten; run thence Nl7°38'34"E along said ; „? Easterly right-of-way line for a distance of ,;;hi ' 326.58 feet; thence leaving said Easterly 9 e • • �� right-of-way line, 572°21'26"E for a distance . of 704.21 feet to a point on the Easterly ..k, . .Yr boundary of said Tract B"; thence S12°25'00"W ,z-`+ 're. ya, .. along said Easterly boundary for a distance of �;. 102.58 feet to the Southeast corner thereof; x,.,, :c e,: ,L thence run the following courses along the °3. _^I; Southerly boundary of said Tract "B", West for n;y;;• 4� a distance of 269.00 feet; then 565°22'17"W I'":� � .y, for a .diaiance of 212.44 feet; thence ,' )7-: ' N72°21'25'W for a distance of 300.00 feet to ice•;>,; "- the Point of Beginning. A.""`';' '1, Containing 4.00 acres, more or less. " e Thia deed is executed subject to the following terms and ws a, conditions: ,. �*. i t?t'' 1. Ad valorem taxes and all assessments, if any, for the ;;,;.,, _, year of 1983. r� ..., r. r- 2. Existing zoning and all easements, restrictions and ,} reservations of record. i. Y'°a• O.E.P.- ' :;. istrict Attachment B Page 12 of I3 Pages SSLL No. 110534215 Packet Page -1923- SiV_.Pi 9/9/2014 16.D.14. .. _„ 3. It is a cor.. ._tion of this conve ance that the bb< ..4 y r. �ectY t 'ae herein described be used only as a boat launching area `e•..:•us • to provide public access to adjacent navigable waters. p o riy::_.J; 5 In the event the party of the second, it successors or o cm , ,;T - x assigns fail to use the property herein described a no a +w=!i';• boat launching area then in that event, the party of p * "s+;;•' , the first part may at anytime during the next twenty ° ` •-`r'-�c co f-,,e.,". ytt' (20) years, re-enter and retake the property herein .... described. S? e ``• And the said party of the first part, does hereby fully ;4:1 ''1 . warrant the title to said land, and will defend the same against �" • the lawful claims of all persons whomsoever. :i?. �S, " IN WITNESS WHEREOF, the said party of the first part has 'rcy`'•'` :i>iY fir" caused these presents to be signed in its name by its authorized officers and its corporate seal to be affixed the and year above oi'i; = written. c ...atik '`o b eo "i; ,. ' Signed, sealed and delivered in THE DELTONA CORPORAY7ONCF_o m . , the presence of _`•':N ,`,;, '`t _ •F(rw7 ':M. Fl HACKLE, II- ?`yti"'•,;y'' y '' President ,;••" :> ;,.ui, �� s ' h%>"T Gam^/1i, lc—f---- ATTEST: /��/ Z s'}�C! �: . ^"' : R. GA-4:IS 3".':;y: •• •:i[ Corporate Secretary %F ,: v, .::rt><i 41'e,S;• STATE OP FLORIDA ) COUNTY OF DADE ) g,y!I�'.%s I HEREBY CERTIFY, that on this 2,511:- day of October, 1983 `�,.. "i•" before me personally appeared FRANK E. HACKLE, III and MICHELLE } ° '" R. GARB'S, President and Corporate Secretary respectively, of THE 4414 '1�,' DELTONA CORPORATION, a corporation under the laws of the State fo 4+-;a"f}., x;:,• Delaware, authorized to transact business in tare State of -?go FAT: ;'; , �w, Florida, to me known to be the persons who signed the foregoing "..:44- C instrument as such officers had acknowledged the execution . thereof to be their free acts and deeds as such officers for the y 'b• uses and purposes therein mentioned and that they affixed thereto �; ', the official seal of said corporation, and that said instrument .', is the act and deed of said corporation. ',�c`'�'}w ` WITNESS my hand and official seal at Miami, in the County gf �+ .., •,s: Dade and State of Florida, the day and sear last aforesaid. '''•. 'T Notary Public, Sta Mf, ;:.� .,�n=:� ':i;r`'` Florida, at b r g" - ".;,j:S.. My Commission Expires: }'!,i•'r :;4Jy:: �:4•.',4•;= r • NOTAr1•PUBLIC STATE OF fLORIDA AT LARGE p MY COMMISSION EXPIRES AUG IS 1986 •• ' ' ' ,—t, p ROWED TXRO G[NFAAL INS.UNDERWRITERS '1 ..:,. `.1••. r• Z Received$ .L46 t• • *.. :• Documentary Stomp Tax •1,74 ',.:. Collier County,Florid° :''�r., •' ;VEC •lt!•••,, William J.Reogan,Clerk "g q,„, „"` r. )r c .r!.' 2002 E.,-.- 'till District t �0D ae c.:iaTti c.�wl.lm mwTV nnl a Attachment B Page 13 of 13 Pages SSLL No. 110534215 Packet Page -1924- 9/9/2014 16.D.14. CSL Cover Sheet DM ID Document Type: Current Submerged Land Leases Instrument: 4arent Lease [ ]Amendment to Lease [ ]Assignment of Lease [ ]Release [ ]Partial Release [ ]Easement [ ]Use Agreement [ ]Sublease [ ]Amendment to Sublease [ ]Assignment of Sublease [ ]Release of Sublease [ }Partial Release of Sublease [ ]Other Lease Number: 11054/38E5 PA Number: , / Document Date: `1/2-0/// Submerged(Use Agreement): �) (Y) X (N) Water Body: COhO- (J)ff f 7Ve Original County: Section: /7 Township: 4/8 S Range: 25 Total Area/Area Unit: 0,5/ creage (S)Square Feet County Book/Page/Type: CO//(P-( /B 4/661 /P 2 / / O OR Instrument Number: 7 Jr' .5 c ` Comments: Date Prepped The information on this page was collected during the prep phase of scanning and is an aid for data entry. Please refer to the document for actual information. Packet Page-1925- INSTR 4559909 OR 4681 PG 24 RECORDED 5/11/2011 4:47 PM PAGES 20 9/9/2014 16.D.14. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $171.50 CONS 50.00 . • This Instrument Prepared By: Celeda Wallace Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No.125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OP FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE BOT FILE NO.110343885 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred to as the Lessor. WITNESSETH: That for and in considera• i tt a ual lease fees hereinafter provided and the . faithful and timely performance of and compl• all terms and con isit• st.s ted herein,the Lessor does hereby lease to Collier County,Florida,hereinaft ref to as t ee, esoveret, ty ends described as follows: A p eel • r�•t i; yt r,�t '-•Ti on 17 Tot em ( WILMhee •fiver Coll c el.•, • • ��h squa��:,rhpcg.r less, as is , ••• lar • cn. d sh. •n re hment A, date.Ia. 7 2008. 'I ^j TO HAVE THE USE OF the here 1•.. described premises or• ••tc 5 years from June 25,2010,the effective date of this lease. The terms and condi •Rco It is granted are as follows: IF CIR 1.•USE OF PROPERTY: The Lessee is hereby au • • o operate a 16-slip docking facility with a boat ramp and launch area exclusively to be used for mooring of recreational vessels in conjunction with an upland public park,without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health,whichever agency has jurisdiction,and without liveaboards as defined in paragraph 28,as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee of 5,3,460.63 and 25 percent surcharge,plus sales tax pursuant to Section 212.031,Florida Statutes,if applicable,within 30 days of receipt of this fully executed lease. The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18- 21.011,Florida Administrative Code. The State of Florida Department of Environmental Protection,Division of State Lands • (the"Division")will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division,as agent for the Lessor. [021 Packet Page -1926- i oR 4681 PG 25 9/9/2014 16.D.14. II • • 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2)above,including the income,as defined in subsection 18-21.003(31),Florida Administrative Code,derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent(6%)of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011,Florida Administrative Code,for any lease year during the term of this lease,the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B)The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party,the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who,upon receipt,shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. 4.LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date.This assessment shall be computed at the rate of twelve percent(12%)per annum,calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESS.E'S RECO•l ...ses of this lease,the Lessor is hereby specifically authorized and empowered to examine,for the to -1 eei• extensions thereto plus three(3)additional • years,at all reasonable hours,the books,record , • .-_.e.,• ..r •..� confirming and pertaining to the computation of annual lease payments as specified in pa•.•• o(2)above. 6. MAINTENANCE 0 LES 'E'S•"_IP lb : N. • shall 'ntai•separate accounting records for: (i)the gross revenue derived directly from the e o'the ease.'•.ree s,(ii) • gross even c derived indirectly from the use of the leased premises,and(iii)all other gross ve r et •:ILi ns o the riparian upland property. The Lessee shall secure,maintain and keep:11 •. . fo - t• f.f. f p us t ce(3)additional years. This period shall be extended for an additional two r. e!;mint •f a ¢g .rds and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TOE ti.. ,. : This lease is giver', L . ••• .use or occupy the leased premises only for those activities specified herein.The . •all not(i)change or ad. , .dap.roved use of the leased premises as defined herein(e.g.,from commercial to mu)frr residential,from te.•.ofd ooring to rental of wet slips,from rental of wet slips to contractual agreement with third p. . .• .•. �p-s-Vp 'om rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, •..I i ag(ff bfdi.: ommercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental r a..r .• was not considered in the original authorization or regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment T3 without first obtaining a regulatory permit/modified permit,if applicable,the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if applicable,and,if applicable,the removal of any structures which may no longer qualify for authorization under the modified lease. 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or . cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land, or the use thereof,may be purchased,sold,or re-sold. Page 2 ofd Pages Sovereignty Submerged Lands Lease No.110343885 Packet Page -1927- i OR 4681 PG 26 9/9/2014 16.D.14. • • • 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease,the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto,and if such interest is terminated,the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute and documents required by the Lessor to effect an assignment of this lease,if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/TNVESTTGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature arising out of this lease at its expense,and shall indemnify,defend and save and hold harmless the Lessor and the State of Florida from all claims,actions,lawsuits and demands arising out of this lease. 12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated an E ' ' O(Jy to Leon County,Florida. • 13.NOTICES/COMPLIANCE!]E R e Ce s e 5 f,its successors and assigns,to abide by the provisions and conditions herein set forth,anp�afvisions and conditio s)l e deemed covenants of the Lessee,its successors and assigns. In the event the Le sec' s or refuses to comply with a provisions and conditions herein set forth, or in the event the Lessee violates any of e• •vi n and eonelitieo 1 rein se oetl�and the Lessee fails or refuses to comply with any of said provisions or co diti.ns within •• 0)days\of receii of fbe Lessor's notice to correct,this lease maybe terminated by the Lessor upon : :•1 i r 7 If c�nceled,all of the above-described parcel of land shall revert to the Lessor. All..s.an.an m ys i� th Le4sor to enforce the provisions of this lease shall be paid by the Lessee. All n. t, .,,;4, o e iv `e Le by ease or applicable law or administrative rules shall be sufficient i .. ,Ma e ; ng a•.res.r✓„ �4e• ier County J ,, .,of County Commis on (, •080 ' 'ngstone Road `�. Na. .cl..... .. CIRL' The Lessee shall notify the Lessor by certified mail of any c •nge o this address at least ten(10)days before the change is effective. 14. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any • nuisances or illegal operations of any kind on the leased premises. 16. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. Page 3 of JO Pages Sovereignty Submerged Lands Lease No.110343885 1 Packet Page -1928- I 1 9/9/2014 16.D.14. OR 4681 PG 27 • • • 17. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race,color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease terra,the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements,and,in the event that said placard becomes illegible at any time during the term of this lease(including any extensions thereof),to notify the Lessor in writing,no that a replacement may be provided. 18. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease,the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. I. , •n renewal granted by the Lessor shall commence on • the last day of the previous lease term. If the Less..tlk i', ne(yi renewal,or in the event the Lessor does not grant a renewal,the Lessee shall vacate the leas e . .n.rem. . . tGy res and equipment occupying and erected thereon at its expense. The obligation to rem. 'dll ctures authorized he- ...•termination of this lease shall constitute an affirmative covenant upon the Lessee's irate st e ri•arian upland property mire.. •cularly described in Attachment B, which shall run with the title to the Lessee'.into s .prope and.hall be binding upon Lessee and Lessee's successors in title or successors i•int est. ,� 21. REMOVAL OF STRU • • ,7•,U:11`7lt ll�' ' ,1 re ssfe does not remove said structures and equipment occupying and erected upon • JILL171.0.117 .Lion= :ne•Bali.n of this lease,such structures and equipment will be deemed forfeited to s.,. d th, so .•;uth• r're, n.' and may sell such forfeited structures and equipment after ten(10)days writte • • by certified mail add; d t.th +. e at the address specified in Paragraph 13 or at such address on record as provide, :.• Lessor by the Lesse o w s(Ja• remedy shall be in addition to all other remedies available to the Lessor under apps •a .ws,rules and regulatio L.,. cladl' g the right to compel removal of all structures and the right to impose administrant . ��'S. 22.REMOVAL COSTS/LIEN ON RIPA `` 'jj�LLrr IZTA I4Hr1nPtR' a ro • : Subject to the noticing provisions of Paragraph 21 of this lease,any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 23. RECORDATION OF LEASE: The Lessee,at its own expense,shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen(14)days after receipt,and shall provide to the Lessor within ten(10)days following the recordation a copy of the recorded lease in its entirety which contains the O.R.Book and pages at which the lease is recorded. 24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder • is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. Page 4 of 20 Pages Sovereignty Submerged Lands Lease No.110343885 Packet Page-1929- 1 OR 4681 PG 28 9/9/2014 16.D.14. • . • 25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable.Any amendment or modification to this lease must be in writing,must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. 26. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures, fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this lease. 27. ACOE AUTHORIZATION;Prior to .Ty! 'T'm I.t etion and/or activities authorized herein,the 0 Lessee shall obtain the U.S.Army Corps of En:'. tfu�1 pe '!,° iced by the ACOE. Any modifications to the construction and/or activities authorized here' • y be required by the'-'�Ii shall require consideration by and the prior written approval of the Lessor prior to the - cement of construction an. , an ctivities on sovereign,submerged lands. i 28.COMPLIANCE WI FL r • LAS: e n,\77.- conjure lion wi'the se of the leased premises,the Lessee shall at all times comply with all Florid.Sta in ':. ' a •r:771 gated thereunder. Any unlawful activity '-- which occurs on the leased premises or . co tion I s .7,. 1.,s I. 's4 shall be grounds for the termination of this lease by the Lessor. . 1, 1 I /. 29.LIVEABOARDS: The to �),ix,•board"is defined as a•, el dock.d�■e facility and inhabited by a person or persons for any five(5)consecutive days. ... .1 of ten(10)days wi'.v t$i . ( ) day period. If liveaboards are authorized by paragraph one(1)of this leas. if-n.event shall such"liveaba ." • exceed six(6)months within any twelve(12)month period,nor shall any such• s$ •• titute a legal or,•-• .. idence. 30.GAMBLING VESSELS: During the t�:T{t5�rE renewals,extensions,modifications or assignments thereof,Lessee shall prohibit the operation of or e.• onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 31. SPECIAL LEASE CONDITIONS: A.Any vessel moored at the docking facility,on either a temporary or permanent basis,shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors,bow pulpits,and swim • platforms. B.Vessels that either do not possess a current vessel registration and title as required by Chapters 327 and 328, Florida Statutes or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. C.All vessels that moor,dock,or otherwise use the leased premises shall be maintained in a fully operational condition. Page 5 of 20 Pages Sovereignty Submerged Lands Lease No.110343885 Packet Page -1930- 1 1 OR 4681 PG 29 9/9/2014 16.D.14. • • SSES: BOARD OF TRUSTEES OF THE INTERNAL I IMPROVEMENT TRUST FUND OF THE STATE •A.1.. L a OF FLORIDA O •i •l Signature )3 (SEAL) u2 re a ,a1.• , sr, BY: Mil Prin • Name of Miens Jeffery Gen ,Operations and Management Consultant Manager,Bureau of Public Land Administration, 4111.1/1' I... Division of State Lands, State of Florida Department of O • I Signa e Of Environmental Protection,as agent for and on behalf of the Board �, C (�,�(y� of Trustees of the Internal Improvement Trust Fund of the State ." �-814)h of Florida Print/Type Nameef\Vitness ��(��y ✓✓ "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this°2�' day of 6' ,20 i i,by Jeffery M.Gentry Operations and Management Consultant Manager,Bureau of Public d Administration,Division of State Lands,State of Florida Department of Environmental Protection,as ae for and on behalf of the Board of Trustees of the • Internal I .rov. ant Trust Fund of the State of Florida.He i�t,I'+i •v to rrle, ` APPROVED •. r•. • a LEGA i t 1...-...t. / 4 .i . I ` or `i u Public, to of Florida • DEPAttomc' D • OV) "- At G Printed,Type. ` . •�nmaotary Public state of Florida r Kathy C Griffin Ny Commttscn DD727692 ssionE , , n r„p••arononott T sio :trial n.(C ° W SSES: 9' °'z' c) �G Collier Cou ••, lo�`.:. (SEAL) b • e• 'Op• Commissioners �.r11-.. CTRL, i w, Ori finalSignhl�nfe Original ofE tin Au YkikL 1.St lL/k/65 Fred W.Coyle T •ed/Prsnted Na a Wi. ss Typed/Printed Name of Executing Authority 1 i 411/1/11 Chairman , .. ... VG/i: e n inal ignatttte Title of Executing Authority ti':,'• .. J iu e1.-e_ 1 U�16e,V DWIOtif'E$RQCK;IFFK Typed/Printed Name of Witness "LESSEE" •' .- • STATE OF FL-09-.%0 A COUNTY OF Co L.t-•I e2 G 3• The foregoing instrument was acknowledged before me this 10 day of R p f`c.i. .201 1 ,by Commissioners W.Coyle as Chairman for and on behalf of the Board of County Conissioners of Colli r County,Florida. He is personally known to me or who has produced A / As fide ti ation. My Commission Expires: IAN MITCHELL Signature of Notary•ublic �"" ` Comr*DD0810028 4ya Notary Public,State of FL_D 2 t t7 A Fires 7/2912012 =-,,,,0,1 t,or,da NotaryAasn.inc 1 A N M I Tc4E-mac.._ Comnrissi'c enal No. Printed,Typed or Stamped Name Page 6 of 20 Pages Approved r''`'c)Ir,rm&legal Sufciency Sovereignty Submerged Land Lease No.110343885 Asr. .-:.,;:JuntyAttorney Packet Page -1931- I OR 4681 PG 30 9/9/2014 16.D.14. ■ • • • ifiR:v>%-0;ii?i I i .v ,., � i 7: } Vi r' 'k aS •.'..i r,l .,.e.,,,/,..:4 I 4+S 1 T. {1.•t.+i^VL:: 140,7I, i 71 1 111''' :Ci :■�' A, .,,,..0:17..... :0:7-. 4::':i;.- '•iY,•-'•u:•_ ' ' '1.1 LL„......—..L„......—..-....... EEE._+ �f:.....—YQgne Pav Rd W ^ :�.� . y.,. .c;i.'r.-tr \ . :f }r —__ _ .Forc�Gtek Or -��\�WAJ9 a' r i rws";.i ,' t ` ' = ii :' ,= '' .�' ,; r• :° • ; :i`�d,i, ;.a .,r;r„s .t t' "rt fs- i" ty • E � / yti ".. YR. • ] i 'e ..• \j :3•,.. •.1r.» .: -r..•.. _i:`_ c:: lt'..:,} .;:yg 1 S'iP; ,i.'.`'..-.., „c„'� il'i µ `. 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OR 4681 PG 33 • • • PARCEL 1 DESCRIPTION: A PARCEL OF LAND LOCATED ON THE COCOHATCHEE RIVER AT CONKLIN POINT IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT 1 OF "CONKLIN POINT", A SUBDIVISION AS RECORDED IN PLAT BOOK 8, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND RUN SOUTH 8916'52" WEST ALONG THE NORTH BOUNDARY UNE OF SAID "CONKLIN POINT", A DISTANCE OF 530.00 FEET; THENCE SOUTH 00'2518" EAST ALONG THE BOUNDARY LINE OF SAID "CONKLIN POINT", A DISTANCE OF 49.28 FEET; THENCE SOUTH 89'16'52" WEST, A DISTANCE OF 9.09 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 05'31'19" EAST, A DISTANCE OF 70.23 FEET; THENCE NORTH 75'56'37" WEST, A DISTANCE OF 100.34 FEET; THENCE NORTH 00'25'18" WEST, A DISTANCE OF 44.39 FEET; THENCE NORTH 8916'52" EAST, A DISTANCE OF 90.92 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 5,338 SQUARE FEET O: • 23 ACRES OF LAND, MORE OR LESS. •• GOti��ER COOk n EC 0 py 0.774- CIRC�� RECEIVED-p E P FEB 1 4 ZOOB SOUTH DISTRICT • fJJj ` E 2350 STANFORD COURT SPECIFIC PURPOSE SURVEY NAPLES.FLORIDA 34112 SOVEREIGN SUBMERGED LANDS LEASE PHONE(239)434-0046 ENGINEERING E BX(23 )ec4LB 434-9320 DATE PROJECT Ha -ILE wo- SCALE -SHEET 12/2007 20077099 17-48-25 1'-30' •OF N Attachment A Page 10 of 20 Pages Sti1.L No No.110343885 Packet Page -1935- I OR 4681 PG 34 9/9/2014 16.D.14. — _ _ NORTH UUOF THE 1 _ S.E. I/4 OF SECTION 17 . BENCHMARK: PK NAIL AND DISK IN EAST A,� F FACE OF 10'PALM TREE • AR/V/ O/ 7715 MEAN HIGH LINKHFENCE ELEVATION 6.00' WATERLINE COCOHATCHEE RIVER AT SEAWAL 20.9• ' /S8 916.52.W �� 530.00' i< i CONCRETE WALKWAY / SEAWALL �D • 16.4' �oM1 rya _— ---r------- S89'16'52"W ni / S # eh POINT OF �: i.. 6 _,?:. • ; COMMENCEMENT RIPARIAN LINE 9.09' /� ,.� ..•:"; c POINT OF Co //c g'^p, y�:' ' OF PARCEL 1 w •// -4 .<, THE N.E.CORNER OF TRACT 4 BEGINNING ; , 16.4' ,e OF CONKLIN PONT SUBDIVISION OF PARCEL 1 P 1 •'? 'M1y.... } M1' N89'16•52"E • 90.92' SS•?.;...•5'CHAIN- • Z 4. .• :,.'"!•.I.1NK.FENCE. . • p O 1 LLw1 '/./.•":'%/ A% ASPHALT DRIVE ? ADA' i)•.a4� '.00IG, -� • � AND PARKING u N PARCEL 1 0.123 ACRES,+1- o •'.BOAT`..': MEAN HIGH wooDEn r� !,1P-' a WATERLINE PILINGS u M1" ELEVATION _ 0.25' (TYPICAL) .,per:}r�•,,r,S �. /. N2g s 3J• IiTL/is �" CONCRETE BOUNDARY UNE AT 100.3¢' TV it BOLLARDS•RIPARIAN LINE LOCATION � � � / M1 RECEIVED D.E.P. /LI 4. 'A,•• ' : TANK- CAS y FEB 14 20D8 5 ' Po: fi ,� PUMP T I I T/V% �7'r.. , SOUTH DISTRICT s., :. ,� NCRETE t vroODEN SH AL FF C ,1 PILINGS �- '�_ �A 1 /-EAWALL (TYPICAL)OF'HE CIRC' ` NOTE: 0 0' SEE SHEET 5 FOR SCALE IN FEES DIMENSIONS OF DOCK AND LOCATIONS LEGEND: +DpO = SPOT ELEVATION LOCATED ON THE COCOIIATCHEE RIVER x = CHAINLINK FENCE AT CONKLIN POINT 1 ;'•1 - CONCRETE SECTION 17. TOWNSHIP 48 SOUTH. RANGE 25 EAST • COLLIER COUNTY, FLORIDA JOHNS VV 2350 STANFORD COURT SPECIFIC PURPOSE SURVEY NAPLES,FLORIDA 34112 SOVEREIGN SUBMERGED LANDS LEASE PHONE(239)434-0D46 j E N G I N E E R I N G E.B./642)k4 LB.9#6 2 'DATE/2007 1�077099 Ina no 45.25 IS`I - 30' 1 SHEET TI I Attachment.\ Page 11 of 20 Pages StiLI,No.110343885 Packet Page -1936- i 9/9/2014 16.D.14. OR 4681 PG 35 ..1 . . , • • 2 • ,mot J J , %i, % tD Z POINT OF 7 -/g,n, v i'm N BEGINNING //di z m,~°o 4! OF PARCEL 1\ . j ; Iy 16.4' N8916'52-E 90.92" .��-� 543' . i in ;;.. .10:8' 8:2' . I0.5" .11:2'. 10.8 11.1' t� � :•v .� SCALE IN FEET el BOAT PARCEL -. • 1 0 m' • RAMP rn. w ,R,Ce • 525x•34 ,1 10.T 11.2' 1#1191111PIRik—S 632E j 4.4" ek.,,V t --_ RECEIVED-D.E.P. ,/�� ``��— CV ��'//,"�/// FEB 14 2008 ;V SOUTH DISTRICT 9~ iili�li TRICT 9.5 8.3' 7,3' 9.0 7.1" 8.5' 7.8' LEGEND: X = CHAINUNK FENCE LOCATED ON THE COCOHATCIIEE RIVER CONCRETE AT CONKLIN POINT SECTION 17. TOWNSHIP 48 SOUTH, RANGE 25 EAST . t 7 COLLIER COUNTY, FLORIDA • JOHNSON C 2350 S. COURT SPECIFIC PURPOSE SURVEY 1 1 lJ 1 V NAPLES,FLORIDA RORI 311,2 SOVEREIGN SUBMERGED LANDS LEASE PHONE(239)434-0046 ENGINEERING E.AX i642)434-93 42 DATE PROJECT RE NO.I077099 7"6.25 ..20' S OF„ Attachment A rage 12 of 20 Pane% SS1.1.No.110343885 Packet Page-1937- 1 1 OR 4681 PG 36 9/9/2014 16.D.14. • • cf) 15 Q — w "' g• z a � a V tij C) vl O a m w fa. m _ ww0 a k. y ^■ Y U m f K a g a Z Z U a W N 1- O•. _ 5 O Z a a W V S W Z ,-,, ,,c2 a O a O? 00= ¢ JUO zO k � ¢ ¢ W fn ud•• F U t- W 5 Ozz >- `'.i y� ¢ -,O N < W [�,j N $ >- Z 1 Q K'O W> Jt�W ¢t5 -N w w' ' >U O o Z W m 0 p¢ o: w N 0 n W t_ a W U W w. 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RIGGIPIS PASS NORM LR8 OF THE TO CONCRETE u ENT ' s.c_iLDr sECna±n _ - ------------- ROAD_. 1∎I'�L 9291052-W �""� --- _ 510.00' f c I --- • _!_ POINT OF / .1 N COMMENCEMENT u m N•E.CORNER OF II OF PARCELS 1 AND 2 P( THE S.E. -4 OF SECTION 17-48-25 FOUND CONCRETE YONUNIENT FOUND 9TON ROO •f�` NM NO IDENTIFICATION AT NM NO IOENIINCA1104 1 THE N.E.CORNER OF TRACT 1 OF CONKUN PONT SU901V190N PARCEL 1 STATE PLANE COON:MATES FOR CURVE DATA: ME PANT OF CON 07970A01T: I R- 1660.06' H.:71574I131,E:737970.Rs9 L- 236.92' SEE SHEET 3 L____,..---r-Tan-11962' � AC- rn'S2' Ch-50311'36'W, I I4 236.76' pa 1 (f.:O M'I.Y.X 1.1 �r I (.+..1 n.V=,PA .1 NO Oe 3 I Q ...ft..... ....." . n4 IS - j I , ME EAST UNE OF CURVE DATA. ........___1_.SECfON 17-48-25 T R■1960.01F I I I I.- 249.66' Ton- 125.00' j s ` 52' • G6$ • ;W. I U I re;RECEIVED-D.E.P. I ,..( 1 IN FEB 141008 ' '` ''CE 12 SOUTH DISTRICT O 'R ^' I.I �'1:'� �a_JIB NI �� -0- , 1 i • — . e.e r9F IiEE RIVER--:I' --( 1 S.E. CORNER OF �j SECTION 17-4B-25 Z,( �-FOUND RAILROAD SPIKE WIN NO IDENTIFICATION LEGEND: LOCATED ON THE COCOIIATCIIEE RIVER 0 75' 150' R/W -RICHT-OF-WAY o - FOUND IRON PIN AT CONKLIN POINT SCALE 94 FEET L1 -FOUND CONCRETE MONUMENT 0( - FOUND RAILROAD SPIKE SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST j� COLLIER COUNTY, FLORIDA 41 J OH S ON.. 235D sTANFDRD rouaT SPECIFIC PURPOSE SURVEY NAPLES,FLORIDA 34112 SOVEREIGN SUBMERGED LANDS LEASE PHONE(239)434-0046 ENGINEERINGEBX1642)8 L.B.#6 2 DATE 2007 N0. 111E NO. SCALE SHEET 12/2007 x20077099 , 17-48-25 1'- 150• I 2 OF Ti Attachment A Page 13 of 2n Pages SSI.I,No.110333885 Packet Page-1939- 1 1 OR 4681 PG 38 9/9/2014 16.D.14. ° q a$ •4 e� r r W r` _ ro,. 4A >� • _ _ w g� a— et '' +bJ`,i, 4i —erm "sir _ — ..1 CF EDP h r �, r .2 !S7 4r F_ s815 >R' o d W §b1 CFI.4 4444 600-2616'6 6'E R/W W I'7 9 1i 1004308 E- -� // a bF .1.0 2 Z U = t z i$ +i . 1 - + W F . ; m C a I 0,2 g 12 ��-- n _V x ;447, b8!t�A \ +�1.)_ = F 111%%% \\ V] ` f N n N ID 1 � Ii 11'1 ¢+ON U un i m` SF's 't,.'� �� c �p ZZOn��`I 4 'ttri 21 • ,.1Q N ' \.mQ�N�) `vL 1'�1 ao n° m C!M11 w 101;..L io `�1 m p r'1 z W i 8J OI [�w y ♦� o V Z w 1 memo O 'ii Z 9Y E \. T cc 1 _Wcr , W m �C O °o F- W o2 'tiJ P O d 0 I ��o<F \s tae_ C..) I llf Z I-I W o z,n o�� CM 4.1` \ CD I " ,1 sq = z L w W V W $ I N00'43'�08"W < < w o S Z 04 67.44 f a 3 I a < z w IW. / N p I, —$M202 Q 7VNV..2 _ _ — � 041�m ; w a 0 DE 5n17, =W to D: W N 3 3 W U c,o W ti u nnnnn a g E. 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OR 4681 PG 41 • • l V ^ V W Q II W • 0 U w y >z zw a x` , E-+ J O w o — W (_ v, W r 0 0 G� m N w ,: fo w co W w� g o • z • � U W C7 w 8 O M 1 0 Q � z p., o > N D V) oa J II 0 w 0 W •(' m Q O I� O N to tt.nNN Q I > co = o a n e ai 0 LU ko^+Ai w 0 0 idNnp J II = u) �v �e ( (_ j W W - • Ol J` l� �O( ��, N Z= W p ` T� r N Z \ r 4 Z r--r 0 n.C 0 '911. . V g"/ Cr) Uj . r--) t TIVMV2S -AI' g :- . 00 I 'C l7 tJ l� O• L • PIEC ' r••••\ W i aD J C ,--4 I W ,--4 a II a 11 cn o v z Q 0 c > go• W fm-( Q H- I-- o U U F WLJ O O Q J W m dt['1 -ROW'L0•.r.u.1 IOL .)6•Y'L1n01660L\66OLtOOL\.S Allachmcnt A Page IR of 20 Pages SSI.I.No.110343885 Packet Page-1943- I I 9/9/2014 16.D.14. OR 4681 PG 42 • ,...., • • • . , - „1%VS-.-,',:-••;:,; _I• - ...1 -,13,;-444,,,,;•;.-i;•••;:,;•••,:-..... 1.7,,12,,,..:.;;;;„;:A.:..tu. ki:,..',,,„','•.:03:,;.-..,'::' ,-,•:,;,-,!. •••.:',4:•1-4,•-• :,.- • • - ,-,•J,`,?;I.," ,ifv(i;,.!;',.•,-.2...;.-: I • • • • •-- • . . . ' . • RECN a,/i/L1-•• . . . . • ' • • • • • . • IN. -- . 0138.1 : 40. IFJ : till.Z41 . . mt..----- .-- . . 88y O MR 1.3 . - . INT . 40 7 rd Oa.0 6 . COLLIER COUNTY IN THE'TWENTIETH JUDICIAL CIRCUIT IN•AND FOR CoLLIER COUNTY,. ECMFDLEODRZ.DA Laws•of Florida', 1971, Chapter 28093 . • Section 702:02(4), Florida Statutes 1971 . ' • . . . . , . . • ' . CASE NO. 85-1557 -01-4E74 • ' • • . . , . • ' Plaintiff • • . • • . ' • • . .• . . . • vs . • • • • . . • • • , arrrarnak'PAM rum mr..et.al . • . • Defendant. • • • • • • • •CERTIFICATE OF TITLE . • The undersigned, JAMES.C. GILES, Clerk of the.Circuit Court, certified ' .. • , that he executed and filed a Certificate of Sale in this action on the • let 'day of • March ' ,1990 , for the property' described herein, and'thatno objections tothe sale have been filed within the. time allowed for filing objections. The following property in Collier'County, Florida: • . . . . .- . . 11.4,617ititm , ' • . • '•'' • •' • — •' • 4- • • = .■-■ 00■41*4-0. -lik. ,..-17-.7. • . : . .. --c A . 0 • 0 '•' .. , .::: .... :*:.' .. .. ': • 1 in Iiiiver 7i . : - .' • •■ ( ■ • 7-1 Na L,1 -4.1r-AN i - „" • . • - • . • t-' '(.\ .. --4tt aVa • . . .. ........:'. : --/ 7 424,.-1 ..f: 4 ' . C‘.\• IP ap:44111 • . , . . • • was sold to COLLIER ••0,4* . •64, -,,,, .,,,,•;,-- State of Florida 3301T- •-• 1,,..?.....b..-. 2- WITNEs ..s_. ..• . ; --wgiatiffraiirOr■, . , • : . . "..ray hand and.seal:o , ,. •ram. March 13th . • I .... • 73 imi •••. .: . .. • • : JAMES C 0k6j Eiji'r',::."•'...,,,.,1 '•3C). c' 1 .• • •• . ' , • • 'Clerk of...Ch4(4..trcuatiVoUrt•.•' ' m 4.- .. • • .' ..••••••••'.; • . ' . ' .'. - ' .' ..'•'. /•'.0::....A;f..i.'.: '''440•41,‘.. • cr' -- • ,..,•••• isq•••?..,:...,..-...;,.. . 4.• . . .. • . .....L... • . , • - - ' 1. ' .. . . ..,,.ept! :....5i:,3..-157,.5q..t.:.:: , • .* ir . . . . . ;.,...;.; .1',.,..11,::;,•:::','...;:r.,,,f,,,,vit ii.-;.f• •.• . . iff . . •- . . •:-:......., ...../.......t.:-.-4:,•:-...en...7.....:: : .. . • ... . . • ',..k.:?f,.;;;;(4.0-illi),.... • — . . . . •P • • • - . ... -,....„..• ,. :-,:-- —- , —-. - 2„.....-.1.4:::.is5,:o40.:.;"..:. : . . .,.., -•--' .. .:..- :. ..::.,=, ••• ......,,,..::....L.::;-;?.--:-.A:' ';.7.:'.,..... . ,..... - • . •,... , . , , Ifi;'-..•' . • • ' -:': ..: ', • • .': ...„ ., - .-...;K:c1 -:',.0 „ 7,. ... .. , . -.,-. ,;;•q..,Vle5 .' •,',:,'.''''`..?..4:::';--. Attachment B Page. 19 or 20 Pages SNI,I,No.1103431015 . Packet Page-1944- 1 9/9/2014 16.D.14. *** OR 4681 PG 43 *** . 4 PftN ...... i.. •. !.'-: :.....1..':'t.''.! . . ... i .. .. . •.; . ...■ ., , .. ... • 4.:• :• . A parcel of land.iying.in Section'17, :••.• ' . • . • • ,.• :. .■ Township.•48 South,: Range 25 East, :Collier • . ' , • ' ' .- .• •• .County,'Florida, described.as followers ., . . • . • II •' • i ' . From the northeast corner of donklin • , • : . • . . • . • Point; as recorded in Plat Rook 8, • ' . . . , ' , • page 16,• 'public •record.a of Collier.. •• . ' „ . • • : County, . •being the.point of. • ; . . . , . : . - , • • beginning,'run•S 00,°26'00" 5 along the• • . ' • , . . • . . • - • • • easterly:line of. said Conklin'Point for • :. ,•• . . " . • •... •126.73.•feet to a point of curvature; • . :, .. ' , ' ;• ' thence southerly along•the arc of a curve • •- • : . '. • , to the right Of:radius 1860.08 feet ' • . • , • , • ■ ., • . . (delta:angle.07°17'52"; chord,dietance • • 1 .236.76.feet, Chord•bearing S 03°12'56" W) . . • • • ' ' . • • :.•• ! for 236:92.feet. te•a:Point of tangency; y , • , ' . . .i . •thenCe,ruri S 06°51•52“'W. along said :,• ,•• . : . . , • easterly line for 150.00 feet to a paint * • . • • • of curvature;.thence .; • -•utherly'along .• . .. i , • cp •= ; said easterly 1 • „al.—AL -•,..... of a . • ' : ' .. no c,,' • ..' • curve to the f kr.,!,b ••71•• • •feet, 0 • ' (delta angl •t '' •/ 2", chor• • -•s•ce • , r 249.49 fee c,i- .-rd bearings 03' 2,X-S•nW) • • • R r= 73, • _ . . . far 249.-6 -t to a point of tan. nc • 'T thence . n I•• . •*" alo•• sal. • • • , 0 • •. . easterl. 1. • e -- - 39.•9 fe•t to th ' . .• • . •,. '.. 'southe-ste 1 c•rne •f ‘• •'•••. • : '' • , . • • • ... . - I • -. • . . : mouths ly •1-e o - • • 1 • ' • • 7-; . ' 285.00 fa, ; th, • • • • 40'26 W if.sz . : -•••. . • t. • •• ., • ,! . 4. '• -692.=99 r:,_ _..!..._ :,- ... ,...,_. , . •• ,. ... ,...„ .. , . . • • .....,.....••2,., ....195.00 • ... nce run N.000 litt74,in4.7t,.. • ‘ .; .• '. • '' •'• • 410: :207;00" to•the n- ` If. ., : . . •, ... •■ •• ••Conklin ‘ -.. ;..then• , If N -- :'eir .1. • . . ' .. . z, • • •• • .'. '•••':.- for 530... t...itl-n•' -4 e said ...all - • -7' :.• •. .. • :. ;2g, l=2 • . ' 2rk '.• '. • line to. - • as ••rrT-mu-Ka._tertr • • : • •• : ... ..:•...,' • ••).,. -.°Conkliri Poi • IN,in—W-IV- ' • • .,..• °-. .. ° '•ril . . ,,,.... ••• - P..ft • • • '.' • • •I':'..: ,. • ' .. - • ItIVA:°1111,ill. 0 . ...- .. . -.. • i • • • • .• • • . • .• • v0.1, ) • ' - . - : . . . V . • : . .. . . . • t- , . se • it. .: -, . • .+ . 0 ... • • -. .• ,f,•• : ... .- - : . c.d , • . . • ..• • •• •. .• op • • .,,.. -0. -1 . . .. :- • • . • . . • 1E C11: ". • • • • . • ... , . • . . • . . .: . . . . • . . • Recut'.„,-.4 Ventld • ai % •• • •• .' • •• . 1. • . .. . .CO.LLIn E R OnCc0.laOi NReETcYordl&Oof R IDA• . JA4cGILs,cunI( . m .-.' •. I I' 7.,..... ,... •.... ,... -_,„••,oi‘,.. . . . . .,•,••••• ...-...,,,.: 7:••:......„..A..,,...„ • -.., ...,•• • .,• ,..,,,_-.-0-0:::;, . .- - '•.•,.:.,•=:2,,..:.,v•zt.;•:: . ......: .. ...... :•,-....,,,,,. ,,,,t... ''',,.. '..'..• ' •'',',,. ,01e.,;:.., .:.• " •••2 *.. 7,1.v.ii-.,vie. :--: •' ,' ..; .. : .--.e.„11., rf., • •,..,tp, ' '-G•latt,v • Attachment B Page 20 of 20 Pages SSIA,No.110343C85 Packet Page -1945- 1 9/9/2014 16.D.14. CSL Cover Sheet • DM ID Document Type: Current Submerged Land Leases • Instrument: [ ]Parent Lease j/IAmendment to Lease [ ]Assignment of Lease [ ]Release [ ]Partial Release [ ]Easement [ ]Use Agreement [ ]Sublease [ ]Amendment to Sublease [ ]Release of Sublease [ ]Other Lease Number: /I ' G'PjI o55 PA Number: //' 0/15H45 —0225 Document Date: 8/ /2.((((�/ ../09 Submerged (Use Agreement): (Y) Y (N) Original County: C(j/jh°f Section: /q Township: 3261 Range: 2. / Total Area/Area Unit: / Acreage (S) Square Feet County Book/Page/Type: (1/I 6r 1B 1/7 /P '7F / 0 OR Instrument Number: `','r01 Comments: 0)/43 _ lU W"/( Creek Date Prepped • The information on this page was collected during the prep phase of scanning and is an aid for data entry. Please refer to the document for actual information. Packet Page-1946- 9/9/2014 16.D.14. INSTR 4331704 OR 4483 Pa 799 RECORDED 8/18/2009 10:26 AM PAGES 17 DWIGHT E. BROCK, COLLIER ',ITV CLERK OF THE CIRCUIT COURT REC 5146.00 This Instrument Prepared By: Jtcbccca Stallworth Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No.125 • Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND MODIFICATION TO REFLECT CHANGE IN OWNERSHIP,REFLECT CHANGE IN DESCRIPTION OF USE,REFLECT CHANGE IN TERM, INCREASE AND REFLECT CORRECT SQUARE FOOTAGE No 110028165 PA No.11-0138665-005 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Collier County.Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 19 Township 52 South,Range 27 East,in Blue Hill Creek, Collier County,containing 47,753 square feet,more or less,as is more particularly described and shown on Attachment A,dated May 12,2008. TO HAVE THE USE OF the hereinabove described premises from October 15,2008,the effective date of this modified lease renewal,through May 5.2015,the expiration date of this modified lease renewal, The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 28-slip docking facility with marginal and fixed docking.2 fishing piers and a public boat ramp exclusively to be used for mooring of recreational vessels and 1 law enforcement vessel in conjunction with an upland dockmaster facility,picnic pavilion,parking lot and and boating park, without fueling facilities,with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or local authority,whichever entity applies the more stringent criteria,and without liveaboards as defined in paragraph 29,as shown and conditioned in Attachment A,and the Slate of Florida Department of Environmental Protection,Consolidated Environmental Resource Permit No.11-0138665-005,dated October 15.2008, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this Lease.The construction of the proposed structures depicted on Pages 10-13 of Attachment A of this modified lease renewal shall be completed no later than October 15.2013. The failure to complete construction of such authorized structures within this time period shall constitute a material breach of the lease pursuant to Paragraph 13,herein. [01) This Conveyance Approved Cy The Bout Of County Commissioners_ Collier County ielorida, Pursuant To A nda Date: tem No: /bD13� Packet Page -1947- 9/9/2014 16.D.14. OR 4483 PG 800 2. LEASE FEES:The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area (41,305 square feet)ofS8.642.53,plus 25 percent surcharge and sales tax pursuant to Section 212.031,Florida Statutes,if applicable. The Lessee further agrees to pay 3253,52 for severance of sovereignty submerged material,upon receipt of an invoice. The annual fee for the remaining years of this lease for the entire lease area(47,753 square feet)shall be adjusted pursuant to provisions of Rule 18-21.011,Florida Administrative Code. The State of Florida Department of Environmental Protection,Division of State Lands(the"Division")will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division,as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2)above,including the income,as defined in subsection 18-21.003(28),Florida Administrative Code,derived directly or indirectly front the use of sovereignty submerged lands on an annual basis. When six percent(6%)of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011,Florida Administrative Code,for any lease year during the term of this lease,the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B)The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party,the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who,upon receipt,shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that. clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. 4.LATE FEE ASSESSMENTS', The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date.This assessment shall be computed at the rate of twelve percent(12%)per annum,calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease,the Lessor is hereby specifically authorized.and empowered to examine,for the term of this lease including any extensions thereto plus three(3)additional years,at all reasonable hours,the books,records,contracts,and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two(2)above. 6. MAINTENANCE OF LESSEE'S RECORDS; The Lessee shall maintain separate accounting records for: (i)the gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure,maintain and keep all records for the entire term of this lease plus three(3)additional years. This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein(e.g.,front commercial to multi-family residential,from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships,from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats,from loading/offloading commercial to rental of wet slips,etc.),shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit,or shall not change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit,if applicable,and the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if applicable,and,if applicable,the removal of any structures which may no longer qualify for authorization under the modified lease. Page 2 of 17 Pages Sovereignty Submerged Lands Lease No. 110028165 — Packet Page-1948- 9/9/2014 16.D.14. OR 4483 PG 801 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbeforc described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land, or the use thereof,may be purchased,sold,or resold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease,the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated,the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property,Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease,if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but arc not limited to,payment of all fees and/or • penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended from time to time,or any other law providing limitations on claims. 12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County,Florida. 13. NOTICES/COMPLIANCE/TERMINATION; The Lessee binds itself,its successors and assigns,to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth,and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described parcel of land shall revert to the Lessor. All costs and anomeys'fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address: Collier County,Florida 15000 Livingston.Road Naples,Florida 34109 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten(10)days before the change is effective. 14. TAXES AND ASSESSMENTS; The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Page 3 of 17 Pages Sovereignty Submerged Lands Lease No.110028165 Packet Page -1949- 9/9/2014 16.D.14. OR 4483 PG 802 • • 16. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife, The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 17. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race,color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this Iease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term,the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements,and,in the event that said placard becomes illegible at any time during the term of this lease(including any extensions thereof),to notify the Lessor in writing,so that a replacement may be provided. 18. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its pan of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease,the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to --- the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal,or in the event the Lessor dots not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment B which shall run with the title to said riparian upland property,and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 21. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES; If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease,such structures and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 13 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available to the Lessor under applicable laws,rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary proceedings as provided by law. 23. RECORDATION OF LEASE. The Lessee,at its own expense,shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen(14)days after receipt,and shall provide to the Lessor within ten(10)days following the recordation a copy of the recorded lease in its entirety which contains the O.R.Book and pages at which the lease is recorded. 24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. Page 4 of 17 Pages Sovereignty Submerged Lands Lease No. 110028165 Packet Page-1950- 9/9/2014 16.D.14. OR 4483 PG 803 25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the pasties. Its provisions are not severable. Any amendment or modification to this lease must be in writing,must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. .26. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONA4 ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures, fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this lease. 27, ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the Lessee shall obtain the U.S.Army Corps of Engineers(ACOE)permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged lands. 28.COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 29.LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person or persons for any five(5)consecutive days or a total of ten(10)days within a thirty(30)day period. If liveaboards are authorized by paragraph one(1)of this lease,in no event shall such"liveaboard"status exceed six(6)months within any twelve(l2)month period,nor shall any such vessel constitute a legal or primary residence. 30.GAMBLING VESSELS: During the term of this lease and any renewals,extensions,modifications or • assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 31. SPECIAL LEASE CONDITIONS: A. A minimum of ninety percent(90%)of the wet slips at the docking facility shall be made available for rent to the general public on a"first come,first served"basis,as defined in subsection 18-21.003(25),Florida Administrative Code,with no longer than one-year rental terms and with no automatic renewal rights or conditions. To help ensure compliance with and to assist in providing public awareness of this requirement,the Lessee shall erect permanent signs at the watcrward entrance to the docking facility and at the upland entrance to the docking facility which are clearly visible to passing boaters and the general public. The signs shall contain language clearly indicating that no less than ninety percent(90%)of the wet slips at the docking facility are available for rent to the general public, Any dockage rate sheet publications and dockage advertising for the docking facility shall clearly state that ninety percent(90%)of the wet slips at the docking facility arc open to the general public on a"first come,first served"basis. B.Any vessel moored at the docking facility,on either a temporary or permanent basis,shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors,bow pulpits,and swim platforms. Page 5 of 17 Pages Sovereignty Submerged Lands Lease No. 110028165 Packet Page -1951- • 9/9/2014 16.D.14. OR 4483 PG 804 • C. Within 30 days after the completion of construction of the docking facility,Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and shalt be required to replace the signs in the event they become faded,damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number,type,and procedure for installation of these signs shall be in accordance with the handout,"Permanent Manatee Signs,"which can be obtained from the Florida Fish and Wildlife Conservation Commission,Imperiled Species Management Section,620 S.Meridian Street—6A, Tallahassee,Florida 32399-1600(Phone 850/922-4330). • • • Page 6 of 17 Pages Sovereignty Submerged Lands Lease No.110028165 Packet Page-1952- 9/9/2014 16.D.14. OR 4483 PG 805 SSES: BOARD OF TRUSTEES OF THE INTERNAL I IMPROVEMENT TRUST FUNf (SEAL) STATE LL. .4 L �i OFFL•• DA • 'ginal Signature aI ��/� Prim r Name of i ess Jeffery 'Gen. ,Operations and Management Consultant , � Manager,Bureau of Public Land Administration, � ..„ 17 Division of State Lands,State of Florida Department of • Win:in Signa • /i i Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State GC.,-y &V-.1 "S of Florida pe4' Prim ype N f ame Witness CJ • "LESSOR" STATE OF FLORIDA COUNTY OF LEON �y} The foregoing instrument was acknowledged before me this �� day of l�f ,20�L by Jeffery M.Gentry Operations and Management Consultant Manager.Bureau of Public Land dministration,Division of State ban. State of Florida Department of Environmental Protection,as agent or and on behalf of the Board of Trustees ofthe Inte j Im•rovement Trust Fund•, the State of Florida. He is personal •known to me. APPR,j I ~ F RM A to ••ALITYt I J. C--- b5r-) l / , l otary Pub",State of Florica D ''J-ttomey �� Printed,Typed or' a •,NatrtrLyy Pie,.Stan 171 MI MS My Commission E or n"1 uxr n"rr3:a,m o n+0+ 727"2 Commission/Serial No. WITNESSES: Collier County,Florida (SEAL) By Its Board of County Commissioners Sign) /VOA L 1 L.re' "./.!I BY: L Segn Onngy:;" Siilt • Original Signature oft hority /•11�rier.�fl1 4-142•41/7 1r'tr Donna Fiala . rune of W4triess Typed/Printed Name f Executing Authority .......1.., i�. / Chairman = 'inal gnature Title of Executing Authority T Name of Witness "LESSEE" STATE OF FFz c (d).'5--- COUNTY OF COLLi'5P--- The foregoing instrument was acknowledged before me this vZ• day of 20 l ,by Panne Fiala as Chairman,for and on behalf of the Board of County Commisioners of Col C ,Florida. She is personally known to me or who has produced ntif •'• .t My— o- ar Fx.• 5/3a/2 /D f, _AL./ allial GARY BIGELOW ture• N. - . Public MY COMMISSION•00057217 [� 04. EXPIRES:May 30.2010 Notary Public,State of �/ L (.o„aao1R1 FbrfdaNM'S•MP.FP" - GA -/Lc/ Commission/Serial No.-1)D c. 77.--J 7 Printed,Typed or Stamped Name Page 7 of 17 Pages Sovereignty Submerged Land Lease No.110028165 Approved as to form&legal sufficiency - t County Attorney Packet Page-1953- • 9/9/2014 16.D.14. OR 4483 PG 806 y Oe 0W F F 4.1 n 5 z 0 W. 3 l< n a� :ti d 6 >t 0 Vi WJ SS d w§ W° ONtn W =d �re olO W,? ^O(!OO 2 Wa N • A .. 6 g3oaa,, m0 gm N0 (g, -E,Tv4 a� �°1 — R c �.W-] _ 0 WV UgJgUWN OW 3m7 �?C� ".NO we,. 42 O.. z a �W 2 } ' � w8 ^ o4 3" 0 0o5 ..4°a cg a°o° O b a ak aZ 3°i 8 u'< � 041 b < 5 P a Eu E-� z �= d N2 0Z- -0,52 ..a - io>� go� ee ,-$< QI . H Wo yFl __ >H 333 w a 6z r• 854 § >z4 gi 0 1 C.)t"rd g6' u �� W Q <4 WO mo. 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W O< QQ W m Z<"'!! 8,1- `0 r1 )` ' a tt O 4 V 4 V IJ�1< �1>0 YYaa¢ O Ue J O /- 0 > N A(O5ZJm Stn ZFZ 2aO0� zzmh eq F ,,- �� R-y�i ih2c' oS O n 3¢ R� <� �Z W Onm O myW F-��<Z� ¢OtY �� Y) a16t5 <IJo ° - nth _ s'r < o 00 ma <o �44"11OF 4y11OW ZZW J � VI �0 .-1-°' '� N� ��F 1�..1LLP VJ�m�UZ 4� GX 2UJ5POH0<W .I O Wt- V}NBv1p0.y2d 1,0 pO a m Z. g0 -< <mp<OmZ <n(L% ZZ WI- 2,2,1 -m m t7{?V 1$f'V C g 4.`5' _.,_,t3,2,Jo 0`0 m m��3 a�1^a Q �N W O�S U8a�C <� 4 a'IIn= O'ck`a v1O�0 ZZ 'O<= y00 yY�< 1 !IId� <- < yVFWW 1 zJ y Q , ; mS55 <mo CI) � �Q �W=ZN=<�� W*mO OCI-.WOS�WOW^ aO anm yyO ZUFm 13a ci viCmE2 >N ,J .:_6J ,J< l,>,i�U -i OK�+' It--1�r7¢ri :it .r VINt1VIJb�O^^Z,9.3'n>� O3O••^1` t-? "RSQOV01 Zd4 0 q �.hlcN mU W4�mF -�.O—m—�Oi��<a r vn Y m N N O Z v W S IS 1 I S 25 1. t N<J Q 4 W 111111110111111111 t - Z - =a vo . w ilk N MHOS 144 N , re ode _ Wx a Lu �A0W " I"—, 1-1-J W W o � 1N F g ill U,.�� „ �.* <4 U � o_ � . n IE Mi p � : O x O F YY 1../w 00000! ›- �] r W , _ Z a� Gi� t i morr:W y(bXIt:O Ft p w E-+ III I A U CULT of i s • W - ' I i I4 rte+ �Nq�mnn W N N M ''eanJWW (a ■4 C S IS 1 !r 0 S 2S 1 �u��i ii a uwi O U U . •» •tt -eon 71 '.n Ton(1 13311;)snrtnt:otttr000t\otnsocc- Attachment A Page 8 of 17 Pages SSLL No. 110028165 Packet Page -1954- 9/9/2014 16.D.14. OR 4483 PG 807 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS GOODLAND BOATING PARK SUBMERGED LAND LEASE,BLUE HILL CREEK A PARCEL LYING IN SECTION 19,TOWNSHIP 52 SOUTH,RANGE 27 EAST COLLIER COUNTY,FLORIDA DESCRIPTION: A PARCEL OF LAND BEING IN PART A PORTION OF TRACT 1, AS SHOWN DN BUT NOT A PART OF THE PLAT OF GOODLAND ISLES SECOND ADDITION, AS RECORDED IN PLAT BOOK 8, PAGE 19, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY'DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEASTERLY CORNER OF LOT 33, BLOCK F OF SAID GOODLAND ISLES SECOND ADDITION; THENCE SOUTH 1512'24' EAST 390.48 FEET; THENCE SOUTH 72'16'23" EAST 128.00 FEET; THENCE SOUTH 13'51'48" EAST 180.00 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 1; THENCE 28.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, RADIUS OF 100,00 FEET, CHORD BEARING NORTH'51'22'13" EAST 28.60 FEET TO THE POINT OF BEGINNING; THENCE NORTH 46'51'04- WEST 19.24 FEET; THENCE NORTH 42'01'04" EAST 24.89 FEET; THENCE NORTH 44'31'37" EAST 38.16 FEET; THENCE NORTH 40'35'53" EAST 73.31 FEET; THENCE NORTH 43'13'46' EAST 46.00 FEET; THENCE NORTH 3510'37" EAST 60.98 FEET; THENCE NORTH 32'32'14' EAST 57.79 FEET; THENCE NORTH 02'4110` EAST 56.49 FEET; THENCE NORTH 06'34'03" EAST 73.74 FEET; THENCE NORTH 10'32'53" EAST 63.79 FEET; THENCE NORTH 21'01'38" EAST 37.17 FEET; THENCE NORTH 11'24'00" EAST 80.57 FEET; THENCE NORTH 07'05'40" WEST 36.09 FEET; THENCE NORTH 09'53'29" EAST 27.21 FEET; THENCE SOUTH 87'54'47" EAST 27.28 FEET; THENCE SOUTH 21'30'32` EAST 37.53 FEET; THENCE SOUTH 07'02'01" EAST 35.15 FEET; THENCE SOUTH 07'49'02" WEST 152.96 FEET; THENCE SOUTH 77'40'44" EAST 5.20 FEET; THENCE SOUTH 1219'16' WEST 54.47 FEET; THENCE SOUTH 77'40'44" EAST 25.00 FEET; THENCE SOUTH 12'19'16" WEST 219.52 FEET; THENCE SOUTH 54'36'04" WEST 88.09 FEET; THENCE NORTH 35'24'16" WEST 18.63 FEET; THENCE SOUTH 7113'35' WEST 15.59 FEET; THENCE SOUTH 43'08'56' WEST 142.44 FEET; THENCE NORTH 46'51'04` WEST 38.00 FEET TO THE SAID POINT OF BEGINNING; PARCEL CONTAINS 47,752.69 SQUARE FEET OR 1.10 ACRES, MORE OR LESS. • • ( }j-� \' \ �'��1 NASD STANFORD COURT SPECIFIC PURPOSE SURVEY �..lV.111. 11 VVV f`J NAPLES.FLORIDA 34112 SOVEREIGN SUBMERGED LANDS LEASE PHONE(239)434-0049 ENGINEERINGE 1642 2c LH.1642 0A1E PRO.ECT N0. FIE N0. SCALE =„EE, 5/2006 20066216 16-52-27 NO SCALE 6 OF 7 Attachment A Page 9 of 17 Pages SSLL No.110028165 Packet Page -1955- 9/9/2014 16.D.14. OR 4483 PG 808 n id w I % , .7 IA , .00taatav D n zaDatil ••! PLAT SODS anaimzaD `.f"It i f (PLAT SODS 4 PALES 1 AND Z) ; �� d04xgl.Ai.3�D 1SLDF1 NON-SOVEREIGN UPIAND 10ti.n.+a v mum,« wIICOLYD LWIaLTiars EXCAVATED CANAL um w•r 1.011.0...mmi w, Si (rut BOOK a.PAGE+o) o�Aw T ame ..08:11 ' E, POINT Or Na31E'lYL n.s2 b. 5a73r4 Au Rom,.MYR ,mv \\ 1713' _ go-7- 4,-41'1,- _ wr PROPOSED .•re.v..u.E 1. iii �` +rumr� ' —. , 1 �C.caa r�w�wr \� 1 1..,11 T, �m.r4 ....w..a 1.10 cw,a•, b A LK \ GOODLAND not k' `- \ BOATING PARK \ rRnasEn OWNED BY THE COLLET COUNTY t°MUER or ft BOARD OP COUNTY COMMISSIONERS) f elnE a[ER r P \ h , I � \ J/S ..'..t �.�/�1 EI°51INL 9181![114i° .fiq 1 Ww.o�.w \ ::.�e ' �• ELAN°alu MEA \ sro►1.NOet°N) ZVI. Vi/...""::::, ,1..."n-�Y T .....qupp,.ry 4 r...... r`i� DOZITS / R••°/s,1.r.e.lrret,v zJ 9 .a!w.i'� N. �� '.; 7 1111 Mr'�\ SCALE IN FEE[ / - y N. ^�. , •• \ NN. $a o 2• + .�.r/ r�a•°sm PROPOSED LINE TABU; �/f /`y aoAT RAUr SUBMERCCD LAND r. LEASE BOUNDARY Q Y � v' CUD G� SEE DETAILS,4 AND��s>zT>• \ P P SHEETS 3,4 AN 5 CURVE TABLE DOOCS �,E ,.D„ M,. L � omm�C�, 1.„1. / ,.J' ezas-T-nr..,.�wsrn'i�P9Mo snr.� 4 e4 `' NOTE: LINEAR FOOTAGE OF SNOREUNE ADJOINING rOINTOr SOVERDON SUBIAERGED LANDS IS 673 FEET. '�'� • , LEGEND: SLIP DETAILS �z R/W ■ RIGHT-OF-WAY RP lams=Inm1111 C' i LOCATED AT GOODLAND 151 F5 - o 11 FOUND IRON PIN ■ t 07 l r ' ^l ON BLUE HILL CREEK 0 - FOUND CONCRETE IIONUAIENT "-T' TT' 1 IS ' l A .- FOUND RAILROAD SPIKE "OR 411 M°""®"T0R° SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST owmwr.aaz COLLIER COUNTY, FLORIDA J OA OH 11 N��s N NAPD S D CDURT NAPLES. FLORIDA"4112 SPECIFC PURPOSE SURVEY SOVER.EIGN SUBMERGED LANDS LEASE PHONE(230)434-0O46 ENGINEERING EB%/42& LB./642 OATS/2 1PRCLECT O. !nu NS2 27 j 100E 1 2 OF 7 SHEET • Attachment A Page 10 of 17 Pages SSLL No. 110028165 Packet Page -1956- 9/9/2014 16.0.14. OR 4483 PG 809 • . • • 7 ; - LIMITS OF MANGROVES •-- GOODLAND (APPROXIMATE LOCATIONS 013TANED :. • `LI 71 • . .' BOATING PARK FROM AERIAL PHOTOGRAPHY) .1 -4 ,j,.. (OWNW BY THE COWER.CO ..UNTY e v,.. , 6 0 0 .., BOARD Or COUNTY COMMISSIONERS) \ 0, g Z., MOE.RAR.N EI 2FH7EI4GR9H R,EPWD AATGTO EE R I 2N 9U 0N8 E 4 t 4").N'":1C-.3C:-:d V'1":A..:-1;\4.t.t b 4 O r c7 ei-°•0:;\'t 1 ....-f\-y\'4\',1'- ) _ i•/0 APPROXMATE 1.88' CONOUR \ •AP\ I a 1 • .7 i7• v- o , . ■ „,.•..:,- .0. -. ecl-0 ........... .s., 0 7., c•• FOUND 5/8 PIN z"3 /eyl.A c)"‘ AND CAP STAMPED .., • '\ 04 d .K. 'V • , ,T h- ..C... /..0,. PROPOSED 11‘11 " PROPOSED 1:,,' -BOAT RAMP ,.....ik DOCKS ..., 1:::. ...j- q:,. - .0,7 ,.., •0 1.:13 LA r . '- ;)\ 3.. 40'DC° 07 t CP V' ,ie 0 •"*. dr.0 4' V.9 -,. O. cP, es.• , 4' 5711335.W \ .3. u7e.j■ j• 1 d 15.69' / ,o p ot, 6'' 47, N3524.16W %.-, t,* q? 1 4 t‘k rt.' 18.63' .o 4) •■''' .(& * tK. 1.7 !4 • ' .0° r ,'C N46'51'04-W 4 ..• ' • 19.24. // q Vir s'''' 1r r 0. PROPOSED \•./ DOCKS •00 Of, * . 1 .--- -.36'---------1 1 FOINT OF ki -0\ 7 sl1 . BEGiNKIIKIC- EXISTING ..- 3,‘ WOOD DOCK Z C. ‘ 21 ro‘ 1 ‘ 0 20' 40' L____..... LEGEND: SCALE IN FEET ...03.0°' .. SPOT ELEVATION LOCATED AT GOODLAND ISLES X- = CHAINUNK FENCE ON BLUE HILL CREEK CONCRETE SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA JOH N SON 2350 STANFORD COURT NAPLES.FLORIDA 34112 SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE PHONE(230)414-0046 ENGINEERING FAX(234)434-0120 EX i642 14 LB./542 OATE P00.1ECT K. FIE NO YALE SKEET , 5/20313 20066216 10-52-27 I.4. 40. 1 3 OF 7 Attachment A Page 11 of 17 Pages - SSLL No. 110028165 Packet Page -1957- 9/9/2014 16.D.14. OR 4483 PG 810 • APPROXIMATE 1.88' CONTOUR k I6,. ' • MEAN HIGH WATER LINE Marcy Nf , _- o rn REFERRED TO IN O.R. 2749, PAGE 2908 i Y N i " o N p 577'40'44"E . PROPOSED to I ??' �• DOCKS r / x/h 1?I 3 f GOODLAND 6'' TO CENTER OF BOATING PARK BLUE HILL CREEK w . h (OWNSD BY THE COLLIEACOUNir p . 3 f, A�� S7 BOARD OF COUNTY COMMISSIONERS/ 7' .1 ^ 14•7 `� 54p 4'4 F I to .... 'v,'!o 2 0p, h o m 4 .t..4' ar 2 CI �\F la 23.0. • �`1 J fr .., UMITS OF MANGROVES W ' 9R♦♦ (APPROXIMATE LOCATIONS o ?`js OBTAINED FROM AERIAL / -v ��C� PHOTOGRAPHY) 6 ' ) i o w0 o I3.0• EXISTING SUBMERGED Z °.o 70.0., LAND LEASE AREA POUND 5/8" PIN j (O.R. 2749, PG. 2908) AND CAP STAMPED `";^ I * 4'4 .>�. (TO BE MODIFIED TO "WkA LB 5770• LEASE BOUNDARY 4 B 3 SHOWN HEREON) 'N , to N N; '�''' ` Nom= ''3'j�.'.� -i- PROPOSED 60 0"^ T� 1.../ n DOCKS ,,,, ..,_ ,...., , � ,,.0. a0 20' 40' • /b44,,i SCALE IN FF_E7 Atir t ,f,-=<:, a ♦ LEGEND: -`' 'e X Q CHAINLINK FENCE .,. -t-',P s t \ . 0 ....i,...;•.. CONCRETE PROPOSED 9�g LOCATED AT GOODLAND ISLES • BOAT RAMP �60�� ON BLUE HILL CREEK • Sg►� SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COWER COUNTY, FLORIDA J OH 1 N S 2350 nANTY O COURT SPECIFIC PURPOSE SURVEY v NAPLES,ROR OA 34112 SOVEREIGN SUBMERGED LANDS LEASE PHONE(239)434-0046 ENGINEERINGFAX 1�2)4dcLB. /642 DATE 6 O.ECT 110. 19-52-27 �5 r_ 1SHU OF 7 Attachment A Page 12 of 17 Pages SSLL No. 110028165 Packet Page -1958- 9/9/2014 16.D.14. OR 4483 PG 811 • . '• LJ• LJ j j I 1 NON-50VEREIGN UPLAND \\/1 EXCAVATED CANAL S872,8424.7"E EXISTING LIMIT OF ;■:. DOCKS SOVEREIGN SUBMERGED /LANDS PROPOSED 587*5447"E DOCKS — ...,...........,. . •56, - ........... t,d) t:c.. A INVIIIr ‘; . .1• •1.. ,-) (\t"-- - g-. ,-, rj. $0 P.: \ ■ A __ __78., ,...... a,, „..... LA .. .. ......., •:,....--0: 0.,, VI It. 0 FOUND 5/5" PIN . 71:7A ; Lt)4- • . 3*---------- • 0 t • 0 AND CAP STAMPED 'W&A LB 5770' c.:?.. .. EXISTING i DOCKS ' C FOUND 5/8" PIN 1 .4,. • AND CAP STAMPED ii: ' &A LB 5770 .. ,,....„ 941 0 1 p I ..N • GOODLAND 1 !' ;,, BLUE BOATING PARK '''? 4 (OWNED BY THE COWER COUNTY o'3 1 4) n CREEK BOARD or COUNTY COMMI9510NER5) f ,4v .3 s. / R ,?, 4 ..g.. LIMITS OF MANGROVES i .... - (kJ a, .... 0 1 • (APPROXIMATE LOCATIONS I N' rv! OBTAINED FROM AERIAL 1 A:-. ^) cv! . . Li v) PHOTOGRAPHY) ' . : • ..s.,...:,IT,Irery, i / 1 f . : - '..."1/4.i I ..' ; go y, j : 0 S77'4044'E APPROXIMATE 1.88 CONTOUR I n'tr4 ! 5.20' MEAN HIGH WATER LINE ; to 0 0 20. 40 REFERRED TO IN ---.."'"4:-..„ '-' c it ,,,,--",- • —0:R7-E749, PACE 2908 .I' SCALE tN FEET -1/ I 27.2. . I PROPOSED / DOCKS kfAs, ,.0 / ix •zvvg NOTE: LOCATIONS OF EXISTING I' ' .114 • •.4, STRUCTURES WITHIN THE . 41 NON-SOVEREIGN UPLAND I ‘ EXCAVATED CANAL ARE 1 ''' OBTAINED FROM AERIAL • PHOTOGRAPHIC INTERPRETATION 'LE GEND: . AND ARE APPROXIMATE. LOCATED AT GOODLAND 15LP-5 ----:_i— - CHAINUNK FENCE ON BLUE HILL CREEK. i::;1•::.Z,..1 = CONCRETE SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLUER COUNTY, FLORIDA • J OH N S 0 N 235 STANOURT NAPLES.FLORIDA C 34112 SPECIFIC PURPOSE SURVEY 0 FORD SOVEREIGN SUBMERGED LANDS LEASE PHONE(239)434-0046 ENGINEERING FAX(239)434-0320 E.B. 1542 it LB.1542 DATE PRO-EcT na FLE NO. SCALE 5mal 5/2008 201366216 10-52-27 1'- 40' 1 5 OF 7 • --.. Attachment A Page 13 of 17 Pages SSLL No. 110028165 Packet Page -1959- 9/9/2014 16.D.14. OR 4483 PG 812 1 t t GOODLAND ' BOATING PARR 1-1',. OWNED BY THE COLLIER COUNTY i, 1 BOARD or COUNTY COMMI5510NER5) I�APPRDA4ATL 1.68'CONTOUR MEAN ERR D TOI TINE REFERRED CO 21 .��aR 2749,PAGE 2906 —EXISTING SUBMERGED LAND LEASE AREA • (DR. 2749,PG. 2908) (TD BE MODIFIED TO LEASE BOUNDARY SHOWN HEREON) r y' PROPOSED ��i' SUBMERGED LAND LEASE BOUNDARY / 5EE DETAILS 5Htt15 3,4 AND 5 / I Sit N SKETCH OF RIPARIAN LINES DETERMINATION NOTT_ THIS SPECIFIC PURPOSE SURVEY DOES 940T CREATE PERMANENT BINDING RIPARIAN . LINES AND THIS OFFICE IS NOT AWARE OF ANY BINDING DETERMINATION OF RIPARIAN BOUNDARIES THAT MAY HAVE BEEN MADE BY AGREEMENTS OF THE AFFECTED PARTIES OR BY A FINAL ADJJDICATION OF A COURT OF COMPETENT JURISDICTION FOR THE WATERWAY CONTAINING THE SUBMERGED LAND LEASE PARCF7S DESCRIBED IN THIS SURVEY. ME RIPARIAN 11HE AS SHOWN HAS BEEN CREATED USNG THE METHOD OF EXTENDING THE UPLAND BOUNDARY.THE EXTENSION OF THE UPLAND BOUNDARY WOULD NOT APPEAR TO RESULT IN A MAJOR DEVIATION RI DIRECTION FROM OTHER METHODS OR CAUSE INEQUITIES 94 THE ALLOCATION OF RIPARIAN RIGHTS LD iS0' 100• NO RIPARIAN LINE WAS SHOWN AT THE NORTH DID OF THE LEASE AREA BECAUSE IT ..... ' J ADJOINS NON-SOVEREIGN SUBMERGED LANDS OF AN UPLAND EXCAVATED ARTIFICIAL CANAL_ 5041.5 IN FEET LOCATED AT GOODLAND ISLF5 ON BLUE HILL CREEK SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY. FLORIDA J OH N S 0 2350 STANFORD COURT SPECIFIC PURPOSE SURVEY SOVE NAPLES,FLORIDA 0045 REIGN SUBMERGED LANDS LEASE PHONE(239)4.34-1)045 ENGINEERINGEH.16 434-9320 9 O.LB. /642 DATE 6 i PA2006I6216 I 19M82-27 (6 - 100' SWEET OF 7 • Attachment A Page 14 of 17 Pages SSLL No.110028165 Packet Page -1960- OR 4483 PG 813 _ 9/9/2014 16.D.14. 2924999 OR: 2972 P6: 2967 PROJECT: Dolphin Cove/Goodland 110311111/is OrCItt UCOID1 of CDLI:IIU COMM, It FOLIO: 46372960201 II/1P12112 at 93:4111 Mat I, Irocl, cult ctill 9911111.11 nc nr 15.11 Doc-.0 3I11t.Il 039111 3.91 Ws: WARRANTY DEED tlxl Minn UT 1191 EMI omcz THIS WARRANTY DEED Is made this l +h. day of A1J)P.f , 2002, by DOLPHIN COVE DEVELOPMENT OF GOODLAND, INC., a Florida corporation, whose post office address is P.O.Box 158,Marco island, Florida, 34146 (hereinafter referred to as"Grantor•), to COWER COUNTY, a political subdivision of the State of Florida, Its successors and assigns, whose post office address Is 3301 Tamiaml Trail East,Naples,Florida,34112(hereinafter referred to as"Grantee'). (Wherever used herein the terms'Grantor and-Grantee include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) W1TNESSETH: That the Grantor, for and In consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee,all that certain land situate In Collier County,Florida,to wit: See Attached Exhibit'A'w lR O• rated herein by reference. Subject to real ep. =s for the c• ,0:• ear and thereafter. Basemen e, rictions,and reser/. on of record. T IS i p 'f 5 TEA0 PRO-E-TY TOGETHER with It ry(1oi , dit=` • : •= • appurtenances thereto belonging or in anywise a qg ining. TOGETHER with all $h or permits to Bu • •• ks or rights to leases of submerged lands or leases t D - •ed lands t , 10.- from,relate to,refer to or are connected in any way with Gra r , i (0■• to develop the property and ail other property rights arising from, re ••• •�,•. • nected in any way with the property and plans to develop the property, TO HAVE AND TO HOLD the same In fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land In fee simple;that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. 1 :21 ___'- _____ DOLPHIN COVE DEVELOPMENT OF GOODLAND,INC.,a Florida Witness: (Siginature) ------ZS. corporation Name: �Vt ._.e _ ,.c i or Typ:, BY: G=C.i 4 . (l�. - Nicole Ginic,President 4 Aweic eilifft e r, ,/..ax_i , ame: t4 l s' i P.O.Box 158 ame: �.. 1i .��//,� Marco Island, Florida 34146 Prin i Type THIS CONVEYANCE ACCEPT= SY Tutr BON/10 of COUNTY COIIezSSIONCRS, Attachment B COLLIEN COODUlrrr. FLORIDA. Page 15 of 17 Pages R *151 A eve NO. 12 A SSLL No.110028165 Packet Page-1961- 9/9/2014 16.D.14. OR 4483 PG 814 OR: 2972 PG: 2968 STATE OF )1,,:_l.. COUNTY OF c.1L -- The foregoing Warranty Deed was acknowledged before me this l I day of r�„A.,r Y , 2002, by NICOLE GINIC, President, on behalf pf_ meve Development of Goodland,Inc.,a Florida corporation,who-s-pS?sonally known to me ooP who has produced as identtticat6n,.._... ___:.__.___ __. (affix notarial seal) (Signature of Notary Public) �� riuiw ow r /If (Print name of Notary Public) •r F w far NOTARY PUBLIC ! SeriaVCommission#:If any My Commission Expires: Appru ep is o tort i gal suf(rcf!ncy 14-0-4 11 �� (✓pU�Tstttant County atiutu.) G "111111"1111. .ILT CZ 0 II' 1 F- '*e.,t,, i e-,0 CIE CIR Attachment B Page 16 of 17 Pages SSLL No. 110028165 Packet Page-1962- 9/9/2014 16.D.14. *** OR 4483 PG 815 *** *x* OR: 2972 PG: 2969 rr*: EXHIBIT"A" A parcel of land being a portion of Tract 1,as shown on but not a part of the Plat of Goodland Isles Second Addition, as recorded in Plat Book 8, Page 19, of the Public Records of Collier County, Florida, more particularly described as follows: . Beginning at the southeasterly corner of Lot 33, Block F of said Goodland Isles Second Addition;thence S 15° 11' 20"E 390.48 feet; thence S 72° 15' 19" E 128.00 feet; thence S 13° 50' 44" E 180.00 feet to the southerly boundary line of said Tract I; thence 28,70 feet along the arc of a circular curve concave to the northwest,radius of 100.00 feet, chord bearing N 51° 23' 18"E 28.60 feet;thence N 43° 10' 00"E 250.00 feet; thence N 12°20' 20" E 381.83 feet; thence 87.47 feet along the arc of a circular curve concave to the southwest, radicle of 50.00 feet, chord bearing N 37° 46' 41.5"W 76.74 feet; thence N 87° ' • "W 66.88 feet; thence 162.41 feet along the arc of a circular csaGeiti outheast,radius of 1365.08 feet, chord bearing S 8 W 162. o hence S 85. 17' 17" W 201.52 feet;thence N :• v 43"W 87.42 feet : th southerly right-of-way line of Palm Avenue th c .-: W 10. 8. eet; thence S 74°49' 12"W 60.08 feet to th •o.• : ai, • .fit 31, Block F; thence S 18' 12' 43"E 96.75 fee't• th'• a t ,( :'d+ of 33,Block F and the Place of begi • g:) L i_, Parcel contains 5.22 a Ts more or less. _• GO Bearings are based on th 'h wn_in�la A;• 8, Page 19 of the Public Records of Collier County,F tufa Cl. Attachment B Page 17 of 17 Pages SSLL No. 110028165 Packet Page-1963- 9/9/2014 16.D.14. 43.1.44°4 , SOVEREIGNTY SUBMERGED LANDS LEASE ANNUAL WETSLIP REVENUE REPORT As a submerged lands lessee,you are required to report annually to the Division of State Lands all income derived directly or indirectly from the lease area,to report the number and type of wet slips and to certify that all information provided is correct. This includes reporting any income collected by you or someone else. The three attached forms must be completed and returned by all lessees. Directions for completing forms WET SLIP INFORMATION FORM-This form is for reporting the number and type of wet slips. Please enter the correct number of each type of wet slip at the lease facility and total. GROSS INCOME REPORTING FORM-This form is for reporting direct and indirect income that has been generated within the lease boundary during the timeframe specified. This is required under the terms of your lease and under subsection 18-21.011(1)(a)2.Florida Administrative Code. Please enter the amount of both direct and indirect income generated by month within the lease boundary. The definition of income can be found at the bottom of the form. CERTIFICATION FORM-This form is the lessee's confirmation that all information provided is true and correct. This form must be notarized. General Lease Fee Information Income is defined in Rule 18-21.003, Florida Administrative Code,as the gross revenue derived directly or indirectly from the use of state-owned submerged lands such as slip rental,lease or sublease fees,dock or pier admission fees, club membership,stock ownership or equity interest in activities where increased revenue is attributable to the use of the submerged land. However,gross revenue shall not include pass-through fees for utility services,sale of the facility or sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for the transfer of the interest in a slip originally obtained from the Board's lessee,including transfer of slip rights by slip sublessee,slip"sellers",slip interest transfers,new club memberships,and other similar transactions. If you are required to pay 6%of the income generated on the lease area,you will receive a supplemental invoice which will include State and County Tax on any additional fees owed. To view Chapter 18-21 Florida Administrative Code,on Sovereignty Submerged Lands Management in its entirety go to: http://www.firules.org/gateway/ChapterHome.asp?Chapter=18-21 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS 3900 COMMONWEALTH BOULEVARD,MS 100 TALLAHASSEE,FLORIDA 32399-3000 (850)245-2555 Packet Page -1964- `;y 9/9/2014 16.D.14. 2013/2014 Wetslip Information Form Lessee: , ', _o, AL Instrument No: I 14 • 48'5 I. INFORMATION ON WETSLIPS LOCATED ON STATE-OWNED LANDS 1. Number of Temporary Slips-Slips that are not rented and are used as fuel docking, launching or removing boats, restaurants, or store purchases. These slips should be Non revenue generating slips. 0 2. Number of Transient Slips-Slips that are rented on a short term basis. 3. Number of Public Slips-open to the public on a"first come,first served"basis.-Rental term shall be no longer than one year and with no r automatic renewal rights or conditions. ` 4. Number of Slips Not Usable-Slips that are silted in or are in low water. D 5. Number of Slips Sold,Subleased, Licensed,Assigned,etc.-Attach a copy of the document which represents the sale, sublease, license or assignment. The document should include the sublessee's name, unit number, the slip number, and the amount of the transaction. 6. Number of Private Slips, not rented to the public-Slips used for personal mooring, Association common area, etc. 0 Is your facility a Pier with Admission Fees? YES Circle One Boating has a tremendous economic impact on the State of Florida each year. In an effort to learn if boaters have an adequate number of slips around the state,we are requesting information on wetslips that are not within a state-owned submerged land lease. No income generated from these slips Is to be reported. II. INFORMATION ON WETSLIPS LOCATED ON PRIVATELY-OWNED LAND 1. Number of Slips Sold,Subleased, Licensed,Assigned,etc: a 2. Number of Public Slips-open to the public on a' rst come,first . served" basis. 0 3. Number of Private Slips, not rented to the public-Slips used for personal mooring, Association common area, etc. Packet Page-1965- 9/9/2014 16.D.14. • 2013/2014 GROSS INCOME REPORTING FORM Lessee: CO([ er Cc n-k-if Instrument#: (j 0343 SS Direct Income Indirect Income All income received directly by Lessee from All income received by someone transactions within the lease boundary.* other than the Lessee for transactions involving the use of state-owned submerged land June 2013 $ 3k,14., 32 $ y'✓.&S July 2013 $ 1 $1.CS $ 11/461, 61 August 2013 $ 733. 1 t $ j 5411-1 , 5-7 September 2013 S I 52..710 $ 31e490.24. October 2013 $ (011,1%% $ I Oj 210(P,57 November 2013 $ 359.95 $ ®I (o31,LfS December 2013 $ Z15.k74 $ h k, 5. 317 January 2014 $ y' gZ,.q l $ 1' I g9,g 6 February 2014 $ 33/ '7 D $ gl g, 1014.67 March 2014 $ Z1114 4$ $ 619341. 2-41 April 2014 $ 2441.49 $ 5, 1L44.L4 May 2014 $ if2.5. (::77 $ [Oh Z15, 13 TOTALS $ ? 11 .14 $ '{co,'? "Enter Zero if slips are non-revenue generating or generated$0.00" *Income is defined in chapter 18-21.003,Florida Administrative Code,as the gross revenue derived directly or indirectly from the use of state-owned submerged lands such as slip rental,lease or sublease fees,dock or pier admission fees,club membership,stock ownership or equity interest in activities where increased revenue is attributable to the use of the submerged land.However,gross revenue shall not include pass-through fees such as fees for utility services,sale of the facility or sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for the transfer of the interest in a slip originally obtained from the Board's lessee,including transfer of slip rights by slip sublessee's,slip"sellers",slip interest transfers,new club PLEASE ATTACH A LIST OF ANY SLIP TRANSFERS AS DEFINED ABOVE INCLUDING THE SLIP NUMBER, AMOUNT OF INCOME RECEIVED,SUBLESSEE'S NAME AND UNIT NUMBER,IF APPLICABLE. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS 3900 COMMONWEALTH BOULEVARD,MS#100 TALLAHASSEE,FLORIDA 32399-3000 (850)245-2555 Packet Page-1966- 9/9/2014 16.D.14. CERTIFICATION Instrument No. ( ! a }3885 .�%� Lessee Name: raj I l i r C'un 'i'"l Cr(4 i Billing Address [C5 000 L MI ciG4t2s1 Road r City/State/Zip I�(s1 q pti3 1 'FL. 34.10 9 Telephone: 031 ) 252" 4—DOO (Please provide area code) Facility Address: 135 i Vance'b 1-F Dri ve City/County/Zip: NiCtelf�j -C.L. —I o 4- I, being first duly sworn,hereby certify under penalty of perjury that the following statements are true: (1)To the best of my knowledge and belief,the information contained on the Wetslip Information Form and the Gross Income Reporting Form is true and correct; (2)1 have read and understand the terms and conditions of the sovereignty submerged lands lease,and the facility is in full compliance with all the terms and conditions of the sovereignty submerged lands lease; (3)1 am authorized to execute this certification on behalf of the lessee; and(4) I am aware that any intentional false statement herein will be grounds for cancellation of the sovereignty submerged lands lease. Signature of Lessee Printed Name of Signature Title Date STATE OF COUNTY OF Sworn to or affirmed and subscribed before me the day of , 20 , by Personally Known (SEAL) UK rroaucea iaentmcauon Type of identificaiton produced Notary Signature Commission Expires ATTEST: Approved as to form and legality DWIGHT E. BROOK, Clerk r� rL BY' Assistant County AW Packet Page-1967- ?au 1 of 1 9/9/2014 16.D.14. 1`) F y a.. r-V1 re I 111 DEPARTMENT OF ENVIRONMENTAL PROTEC7 AJG 01 2014 RECEIPTS SECTION POST OFFICE BOX 3070 ' TALLAHASSEE, FL 32315-3070 Parks r c.,01.11)1 Bill To: SamVai= COLLIER COUNTY FLORIDA 15000 LIVINGSTON ROAD INVOICE NAPLES, FL 34109 1.* INVOICE/INSTRUMENT INFORMATION** Invoice#: 79177 Instrument tr: 110343885 Invoice Date: 07115/2014 Expiration Date: 08125/2015 Due Date: 0811412014 Extended Term Fee: NO Rate: BASE RATE Location: COCOHATCHEE RIVER PARK ** IMPORTANT REMINDERS'1* If paying by mail, please return invoice with your payment to the above address. Online payment by t heck,credit card or debit card is evadable at htt73:11wwvf fidepportal.comfookpay-invoicesi. Late payments are subject to a 12% Interest fee pursuant to FAC 18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA Net Extended Description Memo Object Square Rate Discount Term Fee *Amount Feet REPORTED INCOME 201312014 WET SLIP $91 312 53 X 6%= SUPPLEMENTAL $5 478 75 LESS 13/14 021017 22,577 0 NIA $1,795.96 BILLING BASE FEE OF$3,681.79 =AMOUNT DUE Subtotal $1796.96 Sales Tax(0.0%) $0.00 County Tax(0%) $0.00 , Note:2013/2014 SUPPLEMENTAL(SW) Total $1796.96 invoice $1 796,96 Balance Due Instrument/Lease $5.592.91 Balance Due ANNUAL LEASE FEE FORMULA=BASE FEE* - DISCOUNT I- EXTENDED TERM FEE "EASE FEE Paso Rate x Net Square Feet OR ' ASE FEE I linirnurn Rate DISCOUNT 1Lise Fee x Discount Percentage EXTENDED TERM FEE r Base Fee x Extended Term Fee Percentage For any questions concerning this invoice,please call the Division of State Lands at(850) 245-2555. T3012014 Packet Page -1968- Page 1 of'l ....— ...„........_., 9/9/2014 16.D.14. i'-ii Ull ili-1) r. I 1 2c1trli 1....), DEPARTMENT OF ENVIRONMENTAL PROTECTION T1J (1., '""I'- '--1 RECEIPTS SECTION I f - ■ .,-- 'I--r,r c"Tle 10-'' 1, - POST OFFICE BOX 3070 4 PYKI-; rit,..—„a, TALLAHASSEE, FL 32315-3070 \.- Bill To: COLLIER COUNTY FLORIDA 15000 LIVINGSTON ROAD STATEMENT NAPLES, FL 34109 ** STATEMENT/INSTRUMENT INFORMATION** Statement Date: 7/30/2014 Instrument#: 110341365 Expiration Date: 06/25/2015 Location: COCOHATCHEE RIVER PARK **IMPORTANT REMINDER ** Late payments are subject to a 12% Interest fee pursuant to FAC i&-21011(1) b)11. ACCOUNT ACTIVITY TO FIGURE INTEREST Account Transaction&Bailance information Principal information Date Transaction Description Amount 'I Balance Invoice 4 Late Balance 08/03/2009 INV III-4(3613--ARREARS $29,290.49 $29,290.49 _ — -- 08/03/2009 INV#4 6-5 1 3- ARRE-A RS 513,953,88 $4324417 - — 1113012009 PMT#984436 (513,95Z 86) $29290.49 — -- — 11/30/2009 PMT#984436 ($29290 49) $0,00 -- -- -- IN '#21,G615- SUEIMEP;73,,=1) I AND 08/03/2009 f5RoopssINci FFF $555„00 $555,00 -- -- -- 11/30/2009 MIT 4984437 (3555.001, $0 00 -- -• -- _ , 04/15/2011 INV#5686A- ARREARS $5,781.00 $5,78t00 — — -- 04115/2011 INV#5686,8-25'V: INITIAL SURCHA--'GE $865.18 $6,646.16 — _ -- 04/12/2011 PMT#1076562 (5555.16) $5,781,00 - -- — 04/12/2011 PMT#1076561 $578t00) $0.00 -- -- — 1 05131/2011 INV#5,8515, ANNUAL. LF,ASE I-E4 2!-.:,1 11201 2 $3,536,08 $3,S36.08 -- -- -- , 06129/2011 PMT#1097970 ($3,636,08) $0.00 _ _ .... “ . 05/3112012 INV A6'36,18-ANNUAL'LEASE r EE '01/L.Di,.1 $3.616.70 53.61670 -- — -- I — 06125/2012 MIT#1159682 f S3,616 70) $0.00 — _ — 06/30/2013 tr.n.” 7,!.)n LICI. ANNUAL LEASE r F-1- 1:11aI2014 $3,681.79 $3,681.79 — -- — • 10/D12013 PMT#1245531 l53,6 61.79) $0.00 — -- -- 05/30/2014 INA'#77 a62- ANNUAL Li-A SI-- r EE 201,4R0 15. 33,758,37 53,758.37' -- -: -- INV#7rA77- 201014 ET'31 I .- 07/15/2014 - $1,7g8.96 35,555.33 _ — -- SII.JPr-'l Et,',1N 0 "#.7cr:;,9r1- I 2cIi- IN' ER ' T rIN P' 07/30/2014',-.. --- ' - ' :— S37.58 $5,592_91 4773ci2 30 days $3758.37 -::,'LlEvIvEr?.GED LANE') I N VDICE AMOUNT DUE $5.592.91 For any questions concerning this Statement, please call (850) 245-2720. 7/3012014 Packet Page-1969- Paec I of I 9/9/2014 16.D.14. I! AUG f! 3 DEPARTMENT OF ENVIRONMENTAL PROTECTIO 10,0E1M . RECEIPTS SECTION POST OFFICE BOX 3070 aF S r,e.creaT)n TALLAHASSEE, FL 32315-3070 -LS I \ Bill To: 'WOOMEIE COLLIER COUNTY FLORIDA 15000 LIVINGSTON ROAD INVOICE NAPLES, FL 34109 " INVOICE /INSTRUMENT INFORMATION** Invoice#: 77362 Instrument a: 110343885 Invoice Date: 05130/2014 Expiration Date: 06/25/2015 Due Date: 06/29/2014 Extended Term Fee: NO Rate; BASE RATE Location: COCOHATCHEE RIVER PARK " IMPORTANT REMINDERS** If paying by mail, please relurn invoice with your payment to the above address. Online payment by I:neck, credit card or debit card is available at httc:ilwvnuildepportalcomiaoipay-invoicesi. Late payments are subject tc,a 12%Interest tee pursuant to FAC18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA Net Square Extended Description Memo Object Rate Discount *Amount Feet Term Fee ANNUAL 14 LEASE FEE 01017 22.577 0.166489 WA V $3,758.37 20 .'2015 Subtotal $3,758.37 Sales Tax(0.0%) $0.00 County Tax (0%) $0 oo Note:PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS Total $3,758.37 AND RETURN WITH YOUR REMITTANCE Invoice $3,758.37 Balance Due Instrument/Lease $5 Balance Due j ,591.91 ANNUAL LEASE FEE FORMULA=BASE FEE t - DISCOUNT+ EXTENDED TERM FEE 'BASE FEE 13ase Rate x Net Square Foot OR "SASE FEE te Minimum Rate DISCOUNT r.", s e Fee x Discount Percentage EXTENDED TERM FEE 3ase Fee x Extended Term Fee Percentage For any questions concerning this in voice,please call the Division of State Lands at(850) 245-2555. Packet Page-1970- 7/30/2014 9/9/2014 16.D.14. 0#4014110N, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION \L; - 1; 6( *a- FLORM- MARJORY c;TONEMAN DOUGLAS BUILDING I 3900 CC AlMONWEA liOUT..F.VARD \ !k. I.A .1 H ASSFE,FLORIDA 32399-3000 July 30,2014 I.71‘' - p C— 4uG. 0 1 2014 L2/1 Collier County Florida 15000 Livingston Road Parks Recreation Naples. FL 34109 Re: Lease Number: 110343885 Dear Collier County Florida: As of the date of this letter, we have not received the required payment of the lease fees and income reporting forms resulting in a violation of the terms and condition of Paragraphs 2 and 3, respectively,of your lease. Pursuant to the terms and conditions of Paragraph 4 of your lease. a 12%interest penalty has been assessed. Attached is a copy of your statement showing the unpaid invoice(s) as well as the interest penalty that has been assessed. Your file is also missing the current income reporting forms(s), and prior year forms. Our records indicate that these forms were sent with your annual invoice and they must be returned for your facility to be in compliance. If you no longer have a copy of these forms. please contact our office. The total amount due is now$ 5,592.91. Please return your payment of all fees and interest penalties along with the completed income reporting form(s)within 30 days to the following address: State of Florida Department of Environmental Protection Receipts Section Post Office Box 30710 Tallahassee, Florida 32315-3070 If we do not receive your payment in Full within 30 days from receipt of this letter,a Notice to Correct will he issued pursuant to Paragraph 13 of your lease and your account will be turned over to the State of Florida's collection agency. If your account is turned over to the collection agency, in addition to the above amount,an additional collection agency fee will be assessed and the credit bureaus will he notified. Packet Page-1971- 9/9/2014 16.D.14. Collier County Florida Page 2 July 30.2014 If you have any questions, please contact Mr. Peter Zadikow at the address shove, by telephone at (850) 245-2555,extension 2727, or via e-mail at Pe te::' Za diko. p sta tC. LLL5 Sincerely. Susan D. Riggs, OMC Manager Division of State Lands Recurring Revenue Section SDRipz Enclosures: Overdue Statement Income Reporting Form Packet Page -1972-