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Agenda 03/12/2013 Item #16A 9 3/12/2013 16.A.9. EXECUTIVE SUMMARY Recommendation to approve the removal of Collier County as the Lessees from the Sovereignty Submerged Land Aquaculture Lease as requested by the State of Florida. OBJECTIVE: To remove Collier County as the Lessee of the Sovereignty Submerged Land Aquaculture Lease. CONSIDERATIONS: On October 11, 2005 Item No. 16A16, the Board of County Commissioners approved and authorized the Chairman to sign the Submerged Land Aquaculture Lease from the State of Florida. The lease was intended to be reserved for the development of improved techniques and new products associated with the hard clam aquaculture in this area. Florida Gulf Coast University agreed to apply for grants to conduct research that would directly benefit the aquaculture industry in Collier County. Florida Department of Agriculture and Consumer Services has indicated to the best of their knowledge there has been no Department grant funding awarded to FGCU regarding this lease parcel. Per the attached letter, the State has elected to pursue aquaculture opportunities in Lee County and has requested that Collier County be removed as the Lessee from the Submerged Land Aquaculture Lease. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. —CMG RECOMMENDATION: Recommendation to approve the removal of Collier County as the Lessee from the Sovereignty Submerged Land Aquaculture Lease as requested by the State of Florida. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management,Natural Resources Department Attachments: A)Lease B)Letter from Division of Aquaculture Packet Page-1088- 3/12/2013 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve the removal of Collier County as the Lessees from the Sovereignty Submerged Land Aquaculture Lease as requested by the State of Florida. Meeting Date: 3/12/2013 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 1/23/2013 2:39:15 PM Approved By Name:PuigJudy Title: Operations Analyst,GMD P&R Date: 1/24/2013 11:30:06 AM Name: McAlpinGary Title:Director-Coastal Management Programs,Coastal Zon Date: 1/28/2013 10:31:52 AM Name: LorenzWilliam Title: Director-CDES Engineering Services,Comprehensive Date: 1/28/2013 1:01:10 PM Name:MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/29/2013 4:04:30 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 1/29/2013 4:16:40 PM Name:FinnEd Title: Senior Budget Analyst, OMB Date: 2/8/2013 10:35:46 AM Packet Page-1089- 3/12/2013 16.A.9. . a Name: KlatzkowJeff Title: County Attorney Date: 2/15/2013 10:04:26 AM Name: OchsLeo Title: County Manager Date: 3/3/2013 10:08:29 AM Packet Page-1090- 3/12/2013 16.A.9. ORIGINAL DOCUMENIShenCKLIST & ROUTI .L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEm. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR STGV Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#!5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office • PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to.approve the item.) Name of Primary Staff // ,, Phone Number ( .� �,F,. Contact /11C(t ( 1 t f f.LE _ ) 3 � q Agenda Date Item was . Agenda Item Number Approved by the BCC I GI I S /6 A � 4 Type of Document Number of Original Attached / s' ._ _ Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, C resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N Office and all other parties except the BCC Chairman and the Clerk to the Board Ot 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. C 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's / �l signature and initials are required. l tL 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. i�/��y Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of our deadlines! 6. The document was approved by the BCC on /Will QS(enter date)and all changes made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Fomts/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 Packet Page -1091- Attachment A 3/12/2013 16.A.9. 16A16 ' MEMORANDUM Date: October 13, 2005 To: Mac Hatcher Environmental Specialist From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda item #16A16; Hard Clam Lease RLS 05-ENS-00094 Enclosed please find two (2) original documents as referenced above, (Agenda Item #16A16), which was approved by the Board of County Commissioners on Tuesday, October 11, 2005. Please forward to the appropriate parties for signatures and return a fully executed original (if recorded, after recording ) to the Minutes and Records Department. If you should have any questions, please contact me at 774-8406. Thank you, Enclosure Packet Page -1092- 3/12/2013 16.A.9. Attachment A ;•+' �,r ,i � r • '+} ^nnr L ? ti i !1: OZ ITEM NO.: DATE RECEIVED: Augus .05 FILE NO.: ROUTED T•. 05-ENS-00094 41■"-- DO NOT WRITE ABOVE THIS SPACE(Orig.9/89;Rev.6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: August 25,2005 From: Mac Hatcher Title: Environmental Specialist / Department: Environmental Services Division: CDES Telephone#(Very Important): 213-2954 rr V�\. Re: Hard Clam Lease (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information-be specific,concise,and articulate.) Request review of attached lease for Legal Sufficiency and addition of any necessary signature blocks. (Are there documents or other information needed to review this matter? If yes,attach and reference this information.) 2 Copies of Sovereignty Submerged Land Lease No.11-AQ-1041. One copy initialed 912/05,the other is a copy of the first and the initials aren't evident. Copies of the memo and RLS form returned with lease 9/7/05. 7)(-f f C4 1 Copy of the DACS Lease cover/instruction letter. C`4 r( (2a(I jf'-- This item has/has not been previously submitted. 7 u 3- ,7%/ 7 (If previously submitted provide County Attorney's Office File No. Si„_,_41rf Cat Pi ACTION REQUESTED: reorLL- ' t?iC °);._ (Be very specific. Identify exactly what you need in the way of legal services.) Please review for sufficiency. Note Aswani Volety did not enter his printed name and title on 1 of the copies and he has only 1 witness signature. OTHER COMMENTS: Thanks cc: William D.Lorenz,Jr.,P.E.,Director, Collier County Environmental Services Dept. Joe Schmitt, Administrator, Community Development and Environmental Services Division (AA requests must be copied to your appropriate Division Head or Constitutional Officer.) Packet Page-1093- Attachment A 3/12/2013 16.A.9. 16A16 .1 ‘.1_ L-444, ITEM NO.: DATE RECEIVED: t. .,ciiNTY AT i�� FILE NO.: 20g AUG 25 A 1U' ROUTED TO: 0 5_E7VS--ocX' 7t" DO NOT WRITE ABOVE THIS LINE (org. 9/89) REQUEST FOR LEGAL SERVICES Date: August 25, 2005 To: Ellen T. Chadwell, Assistant County Attorney From: Mac Hatcher,Environmental Specialist Collier County Environmental Service Department 213-2954 Re: Hard Clam Lease BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). (Are there documents or other information needed to review this matter? If yes, attach nd re rence this information). \II This item has/has not been previously submitted. (If previously submitted provide County Attorneys Office file no.) �' ) ACTION REQUESTED: (d� I (Be very specific. Identify exactly what you need in the way of legal sei( \e56 r}res.)P. OTHER COMMENTS: - a(. cc: (all requests must be copied to your appropriate �y ' Division Head or Constitutional Officer) J_ pr:\ob Packet Page-1094- 3/12/2013 16.A.9. Attachment A ;1, Florida Department of Agriculture and Consumer Servle6 A , 1 A 6 h ' , ` CHARLES H. BRONSON, Commissioner '' of . Tallahassee FL 32399-0800 The Capitol . °Oar Please Respond to: Division of Aquaculture 1203 Governor's Square Blvd. Mail Station GS-47 Tallahassee,Florida 32301 August 8,2005 RECEIVED Mr.Mac Hatcher Collier County Environmental Services A UG 1 9 200 Department 2800 North Horseshoe Drive, Suite No. 201 Naples,Florida 34104 Dear Mr.Hatcher: RE: Sovereignty Submerged Land Aquaculture Lease Application No. 11-AQ-1041 Applicant(s): Collier County Environmental Services Department& Florida Gulf Coast University This letter will advise you concerning the status of this application requesting approval of an aquaculture lease preempting 3.998 acres of sovereignty submerged lands, more or less, in Gullivan Bay,in Collier County,Florida,for performance of hard clams research activities. We have attached a draft lease document in duplicate for review and signature by the authorized executing authority on behalf of the Collier County Environmental Services Department and also the authorized executing authority on behalf of Florida Gulf Coast University, in the presence of two witnesses and a notary public. Once the documents are signed, please return both entire lease documents to my attention within 30 days from the date of this letter. Please disregard the attached Aquaculture Certification application if it has been signed,dated and returned to the department. Upon receipt of the executed lease instruments, the staff will submit the lease instruments for signature by the department. An executed lease instrument will be returned to you for recordation in the public records of Collier County. The staff in the Aquaculture Certification Section will then be notified so the Aquaculture Certification can be issued after a completed application has been received. If you have any questions,please do not hesitate to call me at(850)488-5471. Sincerely, DIVISION OF AQUACULTURE O 7. 17/7 7F-, - Wanda J.Prentis,Planning Consultant Attachments Florida Agriculture and Forest Products $ 62 Billio Packet Page-1095- a ' s Economy (',(1T T TT+'1DAttachment TE' 3/12/2013 16.A.9. 16A16 OFFICE OF THE COUNTY ATTORNEY INTRAOFFICE MEMORANDUM PREPARED IN ANTICIPATION OF LITIGATION AND REFLECTS A MENTAL IMPRESSION, CONCLUSION, LITIGATION DISCLOSURE OR LEGAL THEORY OF THE A PUBLIC RECORD PURSUANT TO§119.07(3 AGENCY ), AND IS EXEMPT FROM FLORIDA STATUTES. DATE: September 2, 2005 .� h, TO: Mac Hatcher,Environmental Specialist to. FROM: Ellen T. Chadwell, Assistant County Attorney SUBJECT: Hard Clam Lease RLS 05-ENS-00094 Enclosed please find the final revised version of the Board of Trustees Aquaculture Lease. This final version incorporates my suggested changes. Please arrange for the University to sign the Lease and prepare an Executive Summary so the executed Lease can be formally presented to the Board of County Commissioners for its approval. If you'd like me to review the Executive Summary before posting,please feel free to email me the document. Also,I will need to sign the executed Agreement before the Chairman will sign the document, so it will need to be provided to me in advance of the meeting date. If you have any questions please feel free to give me a call. Again,thanks for all your hard work on this matter. Enclosures ETC/wr cc: David C.Weigel, County Attorney 05-ENS-0009413 Packet Page-1096- .. Attachment A 3/12/2013 16.A.9. 4l. ;. 1 0 IL Co �>r;:1;�- Florida Department of Agriculture and Consumer Services _ _ Division of Aquaculture FD 'c C r''`:?51 AC T i j SOVEREIGNTY SUBMERGED LAND AQUACULTURE LEASE V CHARLES H.BRONSON, Section 253.71,F.S. U I 0 4 8 3 COMMISSIONER 3736538 OR: 3933 PG: 0119 This Instrument Prepared by: RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Wanda J.Prentis 11/21/2005 at 09:49AN DWIGHT E. BROCK, CLERK FDACS,Division of Aquaculture REC FEE 112.00 1203 Governor's Square Boulevard DOC-.70 ,70 Mail Station GS 47 COPIES 13.00 Tallahassee,Florida 32301 Retn: BOARD OF TRUSTEES OF THE INTERNAL IMPROVE giVaSillititila0OR OF THE STATE OF FLORIDA IV 7240 No.11-AO-1041 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 the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Collier County, a Political Subdivision of the State of Florida and Florida Gulf Coast University,hereinafter designated as the"Lessees,"the sovereignty lands described as follows: Parcel A A parcel(No.CC-16)of sovereignty,submerged land lying in Township 53 South;Range 27 East in the Cape Romano Aquaculture Use Area in Gullivan Bay, near Cape Romano,in Collier County,containing 1.999 acres of sovereignty submerged lands,more or less,more particularly described and shown on Attachment A,dated July 12,2005;and Parcel B A parcel(No.CC-25)of sovereignty,submerged land lying in Township 53 South;Range 28 East in the White Horse Key Aquaculture Use Area in Gullivan Bay, near Goodland, in Collier County,containing 1.999 acres of sovereignty submerged lands,more or fess,more particularly described and shown on Attachment A,dated July 12,2005. Said lease contains a total of 3.998 acres of sovereignty submerged lands,more or less. TO HAVE THE USE OF the hereinabove described premises for a period of ten (10) years from OC 1'0 4e," 3/, ZD O.S ,the effective date of this lease. The terms and conditions upon and for which this lease is granted are as follows: 1. The Lessees are hereby authorized to undertake experimental aquaculture research activities on the lands described above. 2. The Lessees shall maintain complete and accurate production documents and shall provide same to Lessor upon request. 3. Failure of the Lessees to perform the activities described in the lease application submitted to the Department of Agriculture and Consumer Services hereafter("Department"),or otherwise comply with the terms of this lease, shall constitute cause for termination of the lease and forfeiture to the State of all the works,improvements,and animal and plant life in and upon the leased land and water column. 4. This lease may be terminated upon the Lessees'written request. 5. The Lessees,in accepting this lease,does hereby agree that no claim to title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof and that all title interest to said land hereinbefore described is vested in the Lessor. 6. The Board of Trustees will not approve lease transfers or assignments during the first three years of the lease term. However,after three years from the effective date,Lessee,upon written consent from the Lessor,may sublease,assign or otherwise transfer the lease granted to the Lessee. DACS-15103 05/01 Packet Page-1097- Attachment A 3/12/2013 16.A.9. OR, ..,W& .V, VaSV 7. The Lessees shall neither permit the sovereign lands described in this lease nor any part therat![O6UIA o t tedi for any purpose or business other than herein specified; nor shall the Lessees knowingly permit or suffer nuisances or illegal operations of any kind on the sovereign lands described in this lease. 8. The Lessees agree to maintain the sovereign lands described in this lease in good condition in the interest of public ,.... health,safety and welfare. The Lessees agree that the sovereign lands described in this lease are subject to inspection by the Lessor or its designated agent at any reasonable time. 9. The Lessees hereby covenant and agree to investigate all claims of every nature at its expense,and to indemnify, defend, hold, and save harmless the Board of Trustees of the Internal Improvement Trust Fund, the State of Florida, and the Department from all claims,actions,lawsuits and demands arising out of this lease or any activity conducted hereunder. The Lessees further agree to be solely responsible for any injury or property damage resulting from any property conditions or activity on the leased area. 10. The Lessees agree that upon expiration or termination of this lease all permission granted to undertake the activities, as described in paragraph one(1) of this lease,shall cease and terminate,and Lessees shall immediately vacate and surrender possession of the premises to Lessor subject to the provisions of 9[22. 11. If requested by the Lessees,this lease shall be renewable for one additional ten(10)year term upon such terms and conditions as are acceptable to the parties hereto.The request for renewal must be in writing and delivered by Lessees to Lessor no later than 45 days before the expiration date of the initial term. 12. Neither 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. 13. The Lessees,by acceptance of this-lease,bind themselves,their successors and assigns to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessees. In the event the Lessees fail or refuse to comply with the provisions and conditions herein set forth,or in the event the Lessees violate any of the provisions and conditions herein,except for the provisions of paragraph 24,this lease may be terminated by the Lessor after notice in writing by certified mail to the Lessees. Upon receipt of such notice, the Lessees shall undertake to correct such noncompliance or violation for which the Lessor has given notice to correct within 30 days of receipt of notice. In the event Lessees fail or refuse to timely correct the violation,the Lessor,at its option,shall be entitled to terminate this lease and,if terminated,all rights of Lessees hereunder shall cease. All costs,including reasonable attorneys'fees,incurred by the Lessor to enforce any provisions of this lease shall be paid by the Lessees. The Lessees,by acceptance of this lease,agree to accept service by certified mail of any notice required by this lease or Chapter 253,Florida Statutes(F.S.),in addition to Chapter 18-14,Florida Administrative code(F.A.C.) at the following address: Attention: Mac Hatcher Collier County Environmental Services Department 2800 North Horseshoe Drive Naples,Florida 34104 The Lessees agree to notify the Lessor by certified mail of any change in this address at least ten(10)days before the Change is effecti ve. 14. The Lessees agree to assume all responsibility for liabilities that accrue to the subject property or to the improvements thereof, including any and all 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. Unless the mooring of a security vessel is specifically approved in writing by Lessor,no security vessel shall be moored on or adjacent to the lease area. Lessees further agree that no vessel required to be registered or titled under Florida law shall be allowed to moor or dock within or adjacent to,or otherwise use the area described within this lease unless such vessel is registered or titled in accordance with Chapters 327 and 328,F.S. Lessees agree that no vessel of any description shall be moored on or adjacent to the leased premises for a period exceeding twenty-four hours,irrespective of whether the vessel is periodically moved,unless authorized by the terms of this lease. 16. The Lessees,at their own expense,shall record this lease and any subsequent approved renewals and/or modifications in the official records of Collier County,within ten(10)days after receipt of a fully executed copy of this lease,and shall provide the Lessor with a copy of the recorded lease indicating the book and page at which the lease is recorded. 17. NOTICE: The undertaking of any unauthorized activities,including the erection or placement of any permanent or temporary structures, shall constitute a violation of Chapter 253, F. S., and subject the Lessees to administrative fines under Chapter 18-14,F. A. C.,and the terms of this lease. Any such violation may result in the imposition of administrative fines, judgment for damages,and/or the termination of this lease. Page 2 of 13 Pages SSLAL No.11-AQ-1041 DACS-15103 05/01 Packet Page -1098- Attachment A 0. 3/12/2013 16.A.9. 18. As a condition to obtaining this lease,the Lessees hereby agree not to discriminate against ty6iAuaTl3ecdSse di 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 area described within this lease. 19. Lessor and Lessees agree that Lessor has venue privilege as to any litigation arising from matters relating to this lease. Therefore,any such litigation between Lessor and Lessees shall be initiated and maintained only in Leon County,Florida. 20. This lease is the entire and only lease between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing and must be accepted,acknowledged and executed by the Lessees and Lessor. 21. This lease shall be deemed to have been executed and entered into in the State of Florida. Any dispute arising hereunder shall be governed by the laws of the State of Florida. This lease shall be binding on and shall inure to the benefit of the heirs,executors,administrators and assigns of the parties hereto,but nothing contained in this paragraph shall be construed as a consent by Lessor to any assignment of this Lease or any interest therein by Lessees. 22. Lessees shall remove all works,equipment,structures and improvements from the sovereign lands described in this lease within 60 days following the date of expiration or termination of this lease. 23. The Lessees shall be bound by present and future enactments in Florida law as expressed in Chapter 253,F.S.,or elsewhere in Florida Statutes,and by present and future provisions of the Florida Administrative Code promulgated thereunder. 24. Conviction of any Lessee of a violation of Chapter 597,F.S.,and/or rule 5L-1,F.A.C.,or other rules promulgated by the Department,or the Florida Fish and Wildlife Conservation Commission, shall be cause for this lease to be terminated without further notice to Lessees and shall result in the forfeiture to Lessor of the works,improvements,and shellfish in and upon the leased premises. 25.SPECIAL LEASE CONDITIONS a. Pursuant to Section 253.71(7),F.S.,lease agreements may contain special lease conditions that provide for flexibility in surveying and posting lease boundaries,incorporate conditions necessary to issue permits pursuant to Part IV of Chapter 373,F. S.and Chapter 403,F.S.,and provide for special activities related to aquaculture and resource management. (1)Authorized activities include planting shellfish cultivated from eggs,transplanting and relaying live stocks,placement of cultch material,harvesting clams,the installation and removal of nets,bags,or other devices,and the placement of markers that designate the corners and perimeters of the culture area. (2)All shellfish material,nets,bags or other designated markers that are placed on or in the water shall be clean and free of preservatives including creosote,oils and greases,debris,litter or other pollutants. (3)All materials,other than materials placed in the water or on submerged state lands to establish or enhance oyster or clam habitat,shall be anchored to the bottom. Cultch materials placed on this lease for the purpose of establishing shellfish reefs shall be recognized as suitable material to enhance oyster or clam habitats and must be approved pursuant to this Section. (4) Bags and/or trays used in the culture operation shall be removed from the water during all mechanical cleaning, maintenance and repair operations. Mechanical or hydraulic devices shall not be used below the water for the cleaning of the submerged structures. The Lessees may use hand tools for cleaning shellfish,bags,and other structures under water. b.The Lessees agree that mechanical harvesting is prohibited on the lease site,unless expressly approved in this lease agreement. c. No aquaculture activities will be allowed over bottoms that contain biological resources consisting of submerged seagrass communities,naturally occurring oyster and clam beds,corals,attached sponges or attached macro marine algae beds. d.The Lessee shall,within 90 days from the date of execution of this lease,properly post the lease boundaries to delineate the corners and perimeters of the lease. Except for the northwest and northeast corners of Parcel No.CC-16,and the southeast corner of Parcel No. CC-25 where signs are required to be installed,Lessee must install and maintain a buoy or stake at each remaining corner of the lease areas. Markers shall be installed in a consistent manner(i.e.,utilizing all buoys,or all stakes on site), and should be sufficient to warn mariners passing in the vicinity of the lease of the potential hazards to navigation. 1)A corner marker is required to be installed on the northwest and northeast corners of Parcel No.CC-16,and on the southeast corner of Parcel No.CC-25. All three markers shall be a sign(minimum of 2'x 2'in size)fastened to a PVC pole at least four-inches in diameter. The signs must have a white background and include: a. the language"RESTRICTED USE AREA, HARVESTING PROHIBITED EXCEPT BY LESSEE" in one-inch black letters;b."diamond symbol"using international orange reflective tape;c.a two-inch border using international orange reflective tape;d.the relative geographic position"NW"for the northwest corner, "NE"for the northeast corner,and"SE"for the southeast corner,all in two-inch black letters;and e.DACS Lease No.11-AQ-1041,in two-inch black letters. The sign shall extend a minimum of three-feet above the mean high water mark. Page 3 of 13 Pages SSLAL No.1I-AQ-1041 DACS-15103 05/01 Packet Page -1099- Attachment �R 3/12/2013 16.A.9. (2)Buoys must be white with international orange bands of reflective tape with black bloclht6tiAalasi to 61) inch in height and include each corner designation(i.e.,NW,NE,SW,and SE)and DACS Lease No. 11-AQ-1041. Each buoy must be maintained upright at a minimum height of 14-inches above the mean high water mark. (3)Stakes must contain a field at least 2-1/2"wide and 10"long. The background shall be white with international orange bands of reflective tape above and below the field. DACS Lease No. 11-AQ-1041,and each corner designation(i.e.,NW,NE, SW,and SE)shall be displayed in black block characters of at least 1"in height. The identifying field on the stake shall extend a minimum of 18-inches above the mean high water mark. Stakes may be made from carsonite,fiberglass,and/or PVC. e.This lease is limited to the exclusive use of the bottom only,the overlying water column exceeding six-inches above the bottom is specifically excluded. f. The Lessees must possess and maintain a valid aquaculture certificate of registration from the Department of Agriculture and Consumer Services pursuant to Chapter 597.004,F. S. The Lessees are authorized to possess,transport,and sell hard clams,of the genus Mercenaria spp.below the minimum size established in Chapter 68B-53,F.A.C.,pursuant to Chapter 370.027(4),F.S. g. The Lessees shall employ"best management practices" to protect endemic shellfish populations from the potential introduction and transfer of diseases.The best management practices shall be employed during all production and transport phases to provide responsible resource management,and reduce or eliminate the risk of disease introduction or transfer.Best management practices will include but not be limited to the following provisions. (I) The source of brood stock for seed stocks to be cultured shall be from native stocks. Lessees shall provide documentation to the Department stating that seed stocks are from native brood stocks. The Lessees shall obtain such documentation from the hatchery or nursery from which seed stocks are obtained. Hatchery-reared seed stocks may not be obtained from facilities that cannot document the use of native(regional)stocks in their brood stock and genetic programs. (2)The Lessees shall provide documentation that seed stocks are free of diseases that may threaten endemic populations, such documentation should be obtained from the hatchery or nursery from which the seed stocks were obtained. Seed stocks, obtained from hatcheries or nurseries located outside of the State must be certified by a licensed veterinarian as free of diseases that may threaten endemic populations. (3)The documentation required in s.25,g.(2),of this lease,as well as the source and destination,must accompany each shipment of seed stocks and market size shellfish, and a record of all documents and transactions shall be maintained by the Lessees and submitted to the Department in the annual lease audit. Shellfish seed stocks,for the purpose of this section,shall be defined as shellfish that are less than ten percent of market-size or require a minimum of six months to reach market-size. h.Shellfish aquaculture products from certified aquaculture operations may be possessed,transported and sold when such shellfish are segregated in distinct containers, with each container being appropriately labeled as to source and certificate of registration number. (1)The Lessees shall obtain authorization from the Department to relay market-size shellfish stocks from any lease that is temporarily or permanently closed to direct-to-market sale. The Lessees shall document that the receiving lease is closed for direct-to-market sale of shellfish for at least 30 days when market-size shellfish are obtained from another shellfish lease or source that is closed for direct-to-market sale at the time of the transaction. Shellfish aquaculture products which are harvested from a lease that is temporarily or permanently closed to direct-to-market sale shall be documented as to date of harvest and transport.The authorization to relay may include requirements for bacteriological analyses. (2)The Lessees shall obtain authorization from the Department to conduct activities associated with transplanting and relaying wild shellfish stocks. j.Shellfish aquaculture products which are harvested from the lease for direct-to-market sales for human consumption shall comply with other applicable provisions of Chapter 597,F.S.,Chapter 5L-1,F.A.C.,and any other applicable provisions of law and administrative code. k.This lease shall be used for the specific purpose of shellfish cultivation.Specifications regarding placement,type,and function of appliances and devices used in culture practices and predator exclusion should be expressly approved by the Division of Aquaculture. The use of shellfish growing racks within the lease area is required to be approved in advance by the Department, and a permit for such activity is required to be obtained from the U.S.Army Corps of Engineers. 1.The Lessees shall perform the aquaculture activities in such a manner that will not have an adverse impact on significant resource habitats such as seagrass beds or on endangered species such as manatees and sea turtles. Page 4 of 13 Pages SSLAL No.1 I-AQ-1041 DACS-15103 05/01 Packet Page -1100- Attachment A (IT /12/2013 16 A 9. BOARD OF-TRUSTEES OF THE INTER/U/2 • TRUST FUND OF THE STATE OF FLORIDA x/IeLG /7 011,11,6■11-- /j/ 11 (SEAL) / ...........i............ çn4namreofWness Qeke 13. /ii. :gli 'typed/Printed Name of Witness By • Mike Gresham,Director,Division of Ad Ministration Department of Agriaduge,and Copvuiner Services,Designee _ _ V.--1,_ For the Board of Trustees 011ie Internal Improvement Trust Fund Origi l Signature of Witness "LESSOR" 7--..---)•IF-70.___ CR' - aiSQ•\,- Typed/Printed Name of Witness STATE OF FLORIDA COUNTY OF LEON yy/ The foregoing instrument was acknowledged before me this s/S--/- day of ,204S,by Mike Gresham,Director,Division of Administration,who is personally known me and who did not take an oath. ■ \ Notary Pu is (SEAL) State of on at Large gerx,l I 1`���/�� •„ Typed/Pri ed Name of Notary blic flit A.Meyer / / ' Commission b r 20,20 6679 8 My Commission Expires: /G G �e O ?,., 1p14�` Explros October 20,2008 / `'Oane.e tror Expires Mac.11oo-usaoii . ,C/) 3(716. ,'?g Commission No. --, DATE: 5/24/0 S Collier County,a Political Subdivision of the State of Florida (SEAL) Lessee ii"ATTEST; +.CK �_ (1 LA) DW •T;7 E.,13- ..,C;ERK By -'V-0L By 'LJJ (J.C• FRED W.COYLE,CHAIRMAN - _ '-:,.Deputy Clerk Meet - : s signature oily - "LESSEE" As ter* & legal y Assistant County Attorney Ellen T. Chedwetl WITNESSES: Florida Gulf Coast University (SEAL) Lessee ‘.160901 .Original Si ature o Witness Oryginal Signature of Executing Authority ■ • P. IyP L A ,"JAN, V c Lc T Y Typed/P 1 •Name of W'tnessr /Typed/Printed Name of Executing Authority r E ` ibee--441,4 j C� ;4J C£, 1)x 0,,s a,..�,,,,/' t Ms - - 'i C co lan '�c/ Ori• al Signature of Witnes h Title of Executing Authority -) /, 0 , ..c rl f lI h s C:...1 4?,..,c,:-1 Typed/Printed Name of Witness "LESSEE" Page 5 of 13 Pages SSLAL No. 11-AQ-1041 DACS-15103 05/01 Packet Page-1101- AttachmentA OR; 3/12/2013 16.A.9. STATEOF — v•`_ • _• __-• COUNTY OF 4•4_ / The f going instrument w ow g efore me this 13 day of • 2O by _ n behalf of Fl.rida Gulf Coast University, who is personally known to me or who have produced as identification and who did/(did not)take an oath. My Commission Expires: q •V �GVL' Yriy.. Notary ublic c U :t " Commission No 455 15 �u /h5 2.41 Typed/Printed Name of Notary Public Ufa'th �' State of LID t Large -erle , at •�:�'"ate ��a� „'•^'.`��..,C��� V. SUSAN N EONS MYCOMMIssioN•00478015 MR EXPIRES:Art.7,Z OO NOr)9.141155 Radar Rory✓inxecom • Page 6 of 13 Pages SSLAL No.11-AQ-1041 DACS-15103 05/01 Packet Page -1102- . -- / A , \-\_______ 3/12/2013 16.A.9. • d . 1 � r —r�; as ° •,0 v...5,,ry V ti � ,z,, ..4_,, -0.' ;:l...23 6.2 Vilkir _, . _ • o p ° Q 0— ill t! '.4.t,. • Eli• -..r F „ • o $ F - f q bc \ o .i Ww K�.� ^ SU ,k-f7, ' • g 7 �:r, \TY/ w i �y� U' .r "==j mrra • MN mt I rI� tl `!_:,,,A.,- Lt'�"r- Q Is 1 ,8 a a +�ar r °G� sp ll $#• q 10 E° 1 Ilil_ Itl�1 5 _ fog , • ag i ? o 1`. ��i , Cid4' 1 ; I i8 v CI t. s. BI it 1 i 1 a° ar • I g ✓o ,. % s 2 1 ( .1.. Do /0 f1' 2 E ADD E's E; " !r ar ✓� d mot: 0 0 m0 i 11 2 v UGC 6 1. 5z5 1 ��,,, ie ..,.1 - ' 1111Yr 573 E I? •Y fi'j . - �� .ui[ •,,Z;.S - r OR: 3933 PG: 0125 Page 7 of 13 Pages SSLAL No. 11-AQ-1041 AlrAC.u M er (GoanPoiers) Packet Page -1103- OR , 3/12�/20...1 3 16- .A.9.Attachme ntA R 16A16 . ..., .. , . ., ; / ,1 i 1111 pp, El j, l , ;" 4 t a q t - i a 8 4 1 i s h l 3$ B: t A alb* 1 t E L . o � g i # £ 5 .a I s g 9 i € P 40%lif 4te I i 0 n q I s II P'pri..1 - I i Id $, g r _ v 1 1 # I i 1 = g a i sd' a . tb aa ii - i ## 7'.is ss ; ! /f� fn ii 1 itrig fr i lk pQ S e ik FLEl3� f"tE 1 t /4,- it g az g[i � i - 33 ,' a5 3 ¢L r !!'.51;f1 t z, s :"1 rd '13t!;agy1 ! t _ 114 I incli I gel E L eg IN r8!S3 _E e 00114 sea.se.vseesvtFFiLiiiiiiiiiieeee.:a:te._teeealeeeteleleebb TZ:b•_zec.7p 1agi i � � I' I�'IIIIIIIIIIIIIII IIIIIIIIIIIIIIIII II1 Sgt IE L Edi41IIIU1f i 1i ii il.i E fffiflUi llEES ifafEiS ,8S:I is.I ;11111111111111 1iilliipi ii°itlfiilli �itifilti5 ills ills i i f mil E f�if EI 1112i tiS.11 11ii551 ESeif,.Elifii iE 1114111111111111111111111111111111111131„11 .11111111111111 i ��i�4��14�$l1a�4S3 €3 i pf 6t . eGk _ Y (t..., 0 i i F i i i i F 4 1^1 1 1 1 1 1 1 1 1 5 Y 1 1 1 l 1 1 1;i i R i 4 i i 5 i i 5 E r,i iii r i L Y:r:R : 1 Page 8 of 13 Pages . a SSLAL No.11-AQ-1041 1 E.mrs PuRPOSIL sun= 1 ”. ' Y-2 „U„ � �- .- ,< `Packet Page-1104- �^ 'O°^ •., .AR6A ....._ .. aiilo4o ............. .. 3/12/2013 16.A.9. Attachment A OR CAPE ROMANO AQUACULTURE USE AREA 3. 6A16 • PARCEL CC-16 A Parcel Of Land Lying Submerged In Gullivan Bay,Collier County,Florida,Being More Particularly Described As Follows: Commence At A Point Identified As U.S.Coast And Geodetic Survey Monument,Stamped "S 250 1965",As Shown On National Geodetic Survey Data Sheet"AC0675";Thence South 68°52'58"East,7649.07 Feet To A Point Identified As A Florida Department Of Environmental Protection Benchmark Stamped"T 598 2004",As Shown On National Geodetic Survey Data Sheet"DG8597";Thence South 22°53'55"West,54392.49 Feet To The Point Of Beginning;Thence South 46°05'31"East,499.40 Feet;Thence South 43°54'29"West, 174.40 Feet;Thence North 46°05'31"West,499.40 Feet;Thence North 43°54'29"East, 174.40 Feet To The Point Of Beginning. The Above Describes An Area Of 1.999 Acres More Or Less Of Submerged Land Lying In Gullivan Bay. Sheet 1 of 2 Page 9 of 13 Pages SSLAL No.11-AQ-1041 Packet Page-1105- Attachment A 0. 3/12/2013 16.A.9. ii CAPE ROMANO AQUACULTURE USE AREA 1 6 ,i jj PARCEL CC-16 i 6 •• ii O k S 665,, POINT OF COMMENCEMENT ?519.07 f U.S. COAST AND GEODETIC SURVEY MONUMENT STAMPED 'S 250 1965' p NATIONAL GEODETIC SURVEY DATA SHEET; DESIGNATION: S 267 FLORIDA DEPARTMENT OF ENVIRONMENTAL PERMANENT IDENTIFIER: AC0675 COORDINATES PROTECTION BENCHMARK: LATITUDE N 25' 59' 40.01400' 1/2'STEEL ROD WITH NATIONAL GEODETIC LONGITUDE W 81'35'32.77293' SURVEY ACCESS COVER ON A 5'PVC PIPE STAMPED 7 598 2004' NATIONAL GEODETIC SURVEY DATA SHEET: DESIGNATION: T 598 3. PERMANENT IDENTIFIER: DG8597 j d' COORDINATES hti q; LATITUDE N 25' 59' 13.03317' . a LONGITUDE W 81' 34' 14.44215' co POINT OF BEGINNING LATITUDE: N 25'50' 55.79954' LONGITUDE W 81' 38' 03.71353' C 5`'hry 9 0 k b. S •e 1' Aa., 06 q es F9 LATITUDE N 25' 50'54.54928'\ 9 LONGITUDE W 81' .38' 05.03075' �RSo CC-16 '�°' LATITUDE N 25' 50' 52.38646'AREA = // \\ s�i 1.999 ACRES LONGITUDE W 81' 37'59.75701' \ \ '`oo \ \ po, atii•o 11 \ CC-15 \ kyh"\�a \ \ oo S LATITUDE N 25' 50'51.13622' LONGITUDE: W 81' 38' 01.07423' i \ / I ,7:1'f<04r1V;11. ,.....„ ,.. 1 1 ' 2'0•----C) 7_r-F:45-'(-- 0'...:-,;; 1 9....4 ES S. RICHMOND = ^'^ c."•a ' l, PROFESSIONAL SURVEYOR AND MAPPER; - FLORIDA CERTIFICATE NO. L5 4118 a 6: 6 _ SKETCH OF DESCRIPTION SOUTHERN MAPPING TECHNOLOGY INC., L ,66.27 •• SCALE NOT A SURVEY UNLESS IT BEARS THE SIGNATURE AND THE.ORIC�INAL-RAISED'SEAL OF./A 1'= 200' FLORIDA LICENSED SURVEYOR AND MAPPER'THIS DRAWING;SKETCH,-PLAT, OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT.VALID. SOUTHERN MAPPING TECHNOLOGY INC. Professional Surveyors And Mappers , 4376 Corporate Square, No. 1 Naples, Florida, 34104 Phone No. (239)643-2911 • Fax No. (239)263-9099 SHEET 2 of 2 Page 10 of 13 Pages SSLAL No. 11-AQ-1041 Packet Page-1106- Attachment A OR 3/12/2013 16.A.9. 16Al6e �a ®® € ffrifil p A . E, i i I!I' iH'iiHtP a F p 9 : : 31 u A . jai t I a c y i3 it' d a l 1 � � � ? 4 1 giR �d F k° a r���;k� � • E�E AN 'r 7 r`fEjpf t Q E i k x 1 1:1 i .{ 4 rlf i`d f e 8 $1 iiRr i' tlt ■l E 1 a aka iiii 0 I § I f ik Qe 45 ill p A i :4 i I a' -- nn' C 2 6 ¢i pkE s'T a j S E�I hi/dpi N. n o S b Y ICi a ti S `C E r,' - it 3 n m = p n _Px_ n ; m ; 5sr i y' s asst�A'[ = kP 1B r - S i e 44 5a Erg 1 i aaaaiaa .aia aaaiiaaiaaaaaaaaaaaattttpes toB.aaaaaViZkaaaaaaaaaEE'Eaaaaii sF X11'1°1 ' '€ tp fUHa!! !i! iE f7( !.t.ieeeitq eZttafi�Eia! 6i a aaa a €B pa!aa 111is i1!!°:aaaaa a1111s1a a aiiai€aaaaaia!aaaa 1 111111111111111111111111111111111111111011111f11i1€ail1ffil1El l P 111411°66111111.§ii 1111€16iiiiii€iiiiiiiiiliffilkfiiiinlillii 1 Page 11 of 13 Pages SSLAL No. 11-AQ-1041 ""p. ` �"`Y ..7 -.-[Packet Page-1107- I (� �/ Tr . ,,,°,., ,m,4,,.,,..me. 2+2 I A.UACULTURE_USE ARIA l� sun I I tssmu t j a?)o RC„II o ..,---,—............--..:.-.....-.7— t°n rut Attachment A 3/12/2013.16.A.9. WHITE HORSE KEY AQUACULTURE USE AREA 16 A 16 PARCEL CC-25 tk A Parcel Of Land Lying Submerged In Gullivan Bay, Collier County,Florida,Being More Particularly Described As Follows: Commence At A Point Identified As U.S.Coast And Geodetic Survey Monument,Stamped "S 250 1965",As Shown On National Geodetic Survey Data Sheet"AC0675";Thence South 68°52'58"East,7649.07 Feet To A Point Identified As A Florida Department Of Environmental Protection Benchmark Stamped"T 598 2004",As Shown On National Geodetic Survey Data Sheet"DG8597";Thence South 01°49'46"East,48914.13 Feet;Thence North 89°01'19"East,600.15 Feet;Thence South 07°58'34"East, 1582.59 Feet To The Point Of Beginning;Thence North 89°01'19"East,499.40 Feet;Thence South 07°58'34"East, 175.71 Feet;Thence South 89°01'19"West,499.40 Feet;Thence North 07°58'34"West, 175.71 Feet To The Point Of Beginning. The Above Describes An Area Of 1.999 Acres More Or Less Of Submerged Land Lying In Gullivan Bay. Sheet 1 of 2 Page 12 of 13 Pages SSLAL No. 11-AQ-1041 Packet Page-1108- 3/12/2013 16.A.9. POINT OF COMMENCEMENT HORSE PARCEL CC-2 LIRE USE AREA OR:, 3 9 3 3 P G PG: 0131 PARCEL CC-25 **� � � t U.S. COAST AND GEODETIC SURVEY 1 b A la 6 • MONUMENT STAMPED 'S 250 1965' NATIONAL GEODETIC SURVEY DATA SHEET DESIGNATION: S 250 - - PERMANENT IDENTIFIER: AC0675 COORDINATES LATITUDE N 25' 59' 40.01400' LONGITUDE: W 81' 35' 32.77293' ! O i S65:5,, c.-se. 6.190j e FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BENCHMARK: 1/2'STEEL ROD WITH NATIONAL GEODETIC SURVEY ACCESS COVER ON A 5'PVC PIPE, 1 w STAMPED 7 598 2004'. NATIONAL GEODETIC SURVEY DATA SHEET: DESIGNATION: T 598 :4-74.-•:.. PERMANENT IDENTIFIER: DG8597 COORDINATi=S Ste: - c LATRUDE N 25' 59' 13.0331T 1' = 200' H LONGITUDE W 81' 34' 14.44215' N 89'01'19'E 600.15' i LATITUDE: N 25' 50' 53.59869' r LONGITUDE: W 81' 33' 40.50969' 1 n� Ir gl o CC-26 � 1 CC-18 N 89'01'19' E I o- "' 1 1 100.75' 1 z _ -. IL POINT OF BEGINNING 50.38' N 89'O1'19' E 5'136' LATITUDE: N 25' 50' 53.49312' 3 t 499.40' `'' 1 LONGITUDE: W 81' 33' 45.97482' a • 1 CC-25 co • CC-17 I AREA = 1.999 ACRES �^in 1 100.00' o- ° 1 z S 89'01'19' W `^ -_J _.- 499.40' LATITUDE: N 25' 50' 51.77067' LONGITUDE: W 81' 33' 45.69979' LATITUDE: N 25' 50' 51.87624' LONGITUDE: WB-L•'3""40.2, 468' ...---7.,.' Q67 S. RICHMOND r`! . 411:3 PROFESSIONAL SURVEYOR AND MAPPER r- ••r•1 ,Ee FLORIDA CERTIFICATE NO. LS 4118,n'• • r- SOUTHERN MAPPING TECHNOLOGY,I/1(er 1B 642: ••4f SKETCH OF DESCRIPTION '' -, r'' NOT A SURVEY UNLESS IT BEARS THE SIGNATURE kNp'Tj•1E'DRIG(NAL•13NSD.SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER 7}l'I$.DRAWING,.SKETCH, PLAT, I OR MAP IS FOR INFORMATIONAL PURPOSkS ONLY AND IS NOT VALID. SOUTHERN MAPPING TECHNOLOGY INC. , Professional Surveyors And Mappers 4376 Corporate Square, No. 1 Naples, Florida, 34104 Phone No. (239)643-2911 • Fax No. (239)263-9099 SHEET 2 OF 2 Page 13 of 13 Pages SSLAL No. 11-AQ-1041 Packet Page -1109- Attachment A 3/12/2013 16.A.9. 16Aibd Florida Department of Agriculture and Consumer Services Division of Aquaculture — SOVEREIGNTY SUBMERGED LAND AQUACULTURE LEASE "' "` CT CHARLES H.BRONSON, Section 253.71,F.S. n COMMISSIONER LI i J ' 8 This Instrument Prepared by: 3736538 OR; 3933 PG: 0119 Wanda J.Prentis RBCORDID in OFFICIAL RBCORDS Of COLLIER COUNT!, FL FDACS,Division of Aquaculture 11/21/2005 at 09:49AM DkIGBT B. BROCI, C11111 1203 Governor's Square Boulevard DOC PBB 112.00 Mail Station GS 47 DC-,10 70 Tallahassee,Florida 32301 COPIES 13.00 Rata: BOARD OF TRUSTEES OF THE INTERNAL IMPROVE 0 ,,�,�, 4�ICPSI "4TB OOR OF THE STATE OF FLORIDA BIT 7240 No.11-AO-1041 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 the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Collier County, a Political Subdivision of the State of Florida and Florida Gulf Coast University,hereinafter designated as the"Lessees,"the sovereignty lands described as follows: Parcel A A parcel(No.CC-16)of sovereignty,submerged land lying in Township 53 South;Range 27 East in the Cape Romano Aquaculture Use Area in Gullivan Bay, near Cape Romano, in Collier County,containing 1.999 acres of sovereignty submerged lands,more or less,more particularly described and shown on Attachment A,dated July 12,2005;and Parcel B A parcel(No.CC-25)of sovereignty,submerged land lying in Township 53 South;Range 28 East in the White Horse Key Aquaculture Use Area in Gullivan Bay, near Goodland, in Collier County,containing 1.999 acres of sovereignty submerged lands,more or less,more particularly described and shown on Attachment A,dated July 12,2005. Said lease contains a total of 3.998 acres of sovereignty submerged lands,more or less. TO HAVE THE USE OF the hereinabove described premises for a period of ten (10) years from OC �a 6 t'-' 3/� -24.15— ,the effective date of this lease. The terms and conditions upon and for which this lease is granted are as follows: 1. The Lessees are hereby authorized to undertake experimental aquaculture research activities on the lands described above. 2. The Lessees shall maintain complete and accurate production documents and shall provide same to Lessor upon request. 3. Failure of the Lessees to perform the activities described in the lease application submitted to the Department of Agriculture and Consumer Services hereafter("Department"),or otherwise comply with the terms of this lease,shall constitute cause for termination of the lease and forfeiture to the State of all the works,improvements,and animal and plant life in and upon the leased land and water column. 4. This lease may be terminated upon the Lessees'written request. 5. The Lessees,in accepting this lease,does hereby agree that no claim to title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof and that all title interest to said land hereinbefore described is vested in the Lessor. 6. The Board of Trustees will not approve lease transfers or assignments during the first three years of the lease term. However,after three years from the effective date,Lessee,upon written consent from the Lessor,may sublease,assign or otherwise transfer the lease granted to the Lessee. DACS-15103 05/01 Packet Page -1110- 3/12/2013 16.A.9. Attachment On• J7JJ l ui LULU 7. The Lessees shall neither permit the sovereign lands described in this lease nor any part thereto 6j oT 5cc ted• for any purpose or business other than herein specified; nor shall the Lessees knowingly permit or suffer nuisances or illegal operations of any kind on the sovereign lands described in this lease. 8. The Lessees agree to maintain the sovereign lands described in this lease in good condition in the interest of public health,safety and welfare. The Lessees agree that the sovereign lands described in this lease are subject to inspection by the Lessor or its designated agent at any reasonable time. 9. The Lessees hereby covenant and agree to investigate all claims of every nature at its expense, and to indemnify, defend,hold,and save harmless the Board of Trustees of the Internal Improvement Trust Fund, the State of Florida, and the Department from all claims,actions, lawsuits and demands arising out of this lease or any activity conducted hereunder. The Lessees further agree to be solely responsible for any injury or property damage resulting from any property conditions or activity on the leased area. 10. The Lessees agree that upon expiration or termination of this lease all permission granted to undertake the activities, as described in paragraph one(1)of this lease,shall cease and terminate,and Lessees shall inunediately vacate and surrender possession of the premises to Lessor subject to the provisions of 9[22. 11. If requested by the Lessees,this lease shall be renewable for one additional ten(10)year term upon such terms and conditions as are acceptable to the parties hereto.The request for renewal must be in writing and delivered by Lessees to Lessor no later than 45 days before the expiration date of the initial term. 12. Neither 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. 13. The Lessees,by acceptance of this lease,bind themselves,their successors and assigns to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessees. In the event the Lessees fail or refuse to comply with the provisions and conditions herein set forth,or in the event the Lessees violate any of the provisions and conditions herein,except for the provisions of paragraph 24,this lease may be terminated by the Lessor after notice in writing by certified mail to the Lessees. Upon receipt of such notice,the Lessees shall undertake to correct such noncompliance or violation for which the Lessor has given notice to correct within 30 days of receipt of notice. In the event Lessees fail or refuse to timely correct the violation,the Lessor,at its option,shall be entitled to terminate this lease and,if terminated,all rights of Lessees hereunder shall cease. All costs,including reasonable attorneys'fees,incurred by the Lessor to enforce any provisions of this lease shall be paid by the Lessees. The Lessees,by acceptance of this lease,agree to accept service by certified mail of any notice required by this lease or Chapter 253,Florida Statutes(F.S.),in addition to Chapter 18-14,Florida Administrative code(F.A.C.) at the following address: Attention: Mac Hatcher Collier County Environmental Services Department 2800 North Horseshoe Drive Naples,Florida 34104 The Lessees agree to notify the Lessor by certified mail of any change in this address at least ten(10)days before the change is effective. 14. The Lessees agree to assume all responsibility for liabilities that accrue to the subject property or to the improvements thereof, including any and all 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. Unless the mooring of a security vessel is specifically approved in writing by Lessor, no security vessel shall be moored on or adjacent to the lease area. Lessees further agree that no vessel required to be registered or titled under Florida law shall be allowed to moor or dock within or adjacent to,or otherwise use the area described within this lease unless such vessel is registered or titled in accordance with Chapters 327 and 328,F.S. Lessees agree that no vessel of any description shall be moored on or adjacent to the leased premises for a period exceeding twenty-four hours,irrespective of whether the vessel is periodically moved,unless authorized by the terms of this lease. 16. The Lessees,at their own expense,shall record this lease and any subsequent approved renewals and/or modifications in the official records of Collier County,within ten(10)days after receipt of a fully executed copy of this lease,and shall provide the Lessor with a copy of the recorded lease indicating the book and page at which the lease is recorded. 17. NOTICE: The undertaking of any unauthorized activities,including the erection or placement of any permanent or temporary structures, shall constitute a violation of Chapter 253, F. S., and subject the Lessees to administrative fines under Chapter 18-14,F. A. C.,and the terms of this lease. Any such violation may result in the imposition of administrative fines, judgment for damages,and/or the termination of this lease. Page 2 of 13 Pages SSLAL No.11-AQ-1041 DACS-15103 05/01 Packet Page-1111- Attachment A + 3/12/2013 16.A.9. Cm. 43JJ rU. V1411 18. As a condition to obtaining this lease,the Lessees hereby agree t 6.L1 t�J 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 area described within this lease. 19. Lessor and Lessees agree that Lessor has venue privilege as to any litigation arising from matters relating to this lease. Therefore,any such litigation between Lessor and Lessees shall be initiated and maintained only in Leon County,Florida. 20. This lease is the entire and only lease between the parties. Its provisions are not severable, Any amendment or modification to this lease must be in writing and must be accepted,acknowledged and executed by the Lessees and Lessor. 21. This lease shall be deemed to have been executed and entered into in the State of Florida. Any dispute arising hereunder shall be governed by the laws of the State of Florida. This lease shall be binding on and shall inure to the benefit of the heirs,executors,administrators and assigns of the parties hereto,but nothing contained in this paragraph shall be construed as a consent by Lessor to any assignment of this Lease or any interest therein by Lessees. 22. Lessees shall remove all works,equipment,structures and improvements from the sovereign lands described in this lease within 60 days following the date of expiration or termination of this lease. 23. The Lessees shall be bound by present and future enactments in Florida law as expressed in Chapter 253,F.S.,or elsewhere in Florida Statutes,and by present and future provisions of the Florida Administrative Code promulgated thereunder. 24. Conviction of any Lessee of a violation of Chapter 597,F.S.,and/or rule 5L-1,F.A.C.,or other rules promulgated by the Department, or the Florida Fish and Wildlife Conservation Commission,shall be cause for this lease to be terminated without further notice to Lessees and shall result in the forfeiture to Lessor of the works,improvements,and shellfish in and upon the leased premises. 25.SPECIAL LEASE CONDITIONS a. Pursuant to Section 253.71(7),F.S.,lease agreements may contain special lease conditions that provide for flexibility in surveying and posting lease boundaries,incorporate conditions necessary to issue permits pursuant to Part IV of Chapter 373,F. S.and Chapter 403,F.S.,and provide for special activities related to aquaculture and resource management. (1)Authorized activities include planting shellfish cultivated from eggs,transplanting and relaying live stocks,placement of cuitch material,harvesting clams,the installation and removal of nets,bags,or other devices,and the placement of markers that designate the corners and perimeters of the culture area. (2)All shellfish material,nets,bags or other designated markers that are placed on or in the water shall be clean and free of preservatives including creosote,oils and greases,debris,litter or other pollutants. (3)All materials,other than materials placed in the water or on submerged state lands to establish or enhance oyster or clam habitat,shall be anchored to the bottom. Cultch materials placed on this lease for the purpose of establishing shellfish reefs shall be recognized as suitable material to enhance oyster or clam habitats and must be approved pursuant to this Section. (4) Bags and/or trays used in the culture operation shall be removed from the water during all mechanical cleaning, maintenance and repair operations. Mechanical or hydraulic devices shall not be used below the water for the cleaning of the submerged structures. The Lessees may use hand tools for cleaning shellfish,bags,and other structures under water. b.The Lessees agree that mechanical harvesting is prohibited on the lease site,unless expressly approved in this lease agreement. c. No aquaculture activities will be allowed over bottoms that contain biological resources consisting of submerged seagrass communities,naturally occurring oyster and clam beds,corals,attached sponges or attached macro marine algae beds. d.The Lessee shall,within 90 days from the date of execution of this lease,properly post the lease boundaries to delineate the corners and perimeters of the lease. Except for the northwest and northeast corners of Parcel No.CC-16,and the southeast corner of Parcel No. CC-25 where signs are required to be installed,Lessee must install and maintain a buoy or stake at each remaining comer of the lease areas. Markers shall be installed in a consistent manner(i.e.,utilizing all buoys,or all stakes on site), and should be sufficient to warn mariners passing in the vicinity of the lease of the potential hazards to navigation. 1)A corner marker is required to be installed on the northwest and northeast comers of Parcel No.CC-16,and on the southeast corner of Parcel No.CC-25. All three markers shall be a sign(minimum of 2'x 2'in size)fastened to a PVC pole at least four-inches in diameter. The signs must have a white background and include: a. the language"RESTRICTED USE AREA, HARVESTING PROHIBITED EXCEPT BY LESSEE" in one-inch black letters;b."diamond symbol"using international orange reflective tape;c.a two-inch border using international orange reflective tape;d.the relative geographic position"NW"for the northwest corner, "NE"for the northeast corner,and"SE"for the southeast corner,all in two-inch black letters;and e.DACS Lease No.11-AQ-1041,in two-inch black letters. The sign shall extend a minimum of three-feet above the mean high water mark. Page 3 of 13 Pages SSLAL No.11-AQ-1041 DACS-15103 05/01 Packet Page-1112- Attachment A 3/12/2013 16.A.9. La,. ry. U144 (2)Buoys must be white with international orange bands of reflective tape with black blocltr6tA a 1 as a 61) inch in height and include each corner designation(i.e.,NW,NE,SW,and SE)and DACS Lease No. 1 I-AQ-1041. Each buoy must be maintained upright at a minimum height of 14-inches above the mean high water mark. (3)Stakes must contain a field at least 2-1/2"wide and 10"long. The background shall be white with international orange bands of reflective tape above and below the field. DACS Lease No. 11-AQ-1041,and each corner designation(i.e.,NW,NE, SW,and SE)shall be displayed in black block characters of at least 1"in height. The identifying field on the stake shall extend a minimum of 18-inches above the mean high water mark. Stakes may be made from carsonite,fiberglass,and/or PVC. e.This lease is limited to the exclusive use of the bottom only,the overlying water column exceeding six-inches above the bottom is specifically excluded. f. The Lessees must possess and maintain a valid aquaculture certificate of registration from the Department of Agriculture and Consumer Services pursuant to Chapter 597.004,F.S. The Lessees are authorized to possess,transport,and sell hard clams,of the genus Mercenaria spp.below the minimum size established in Chapter 68B-53,F.A.C.,pursuant to Chapter 370.027(4),F.S. g. The Lessees shall employ"best management practices" to protect endemic shellfish populations from the potential introduction and transfer of diseases.The best management practices shall be employed during all production and transport phases to provide responsible resource management,and reduce or eliminate the risk of disease introduction or transfer.Best management practices will include but not be limited to the following provisions. (1) The source of brood stock for seed stocks to be cultured shall be from native stocks. Lessees shall provide documentation to the Department stating that seed stocks are from native brood stocks. The Lessees shall obtain such documentation from the hatchery or nursery from which seed stocks are obtained. Hatchery-reared seed stocks may not be obtained from facilities that cannot document the use of native(regional)stocks in their brood stock and genetic programs. (2)The Lessees shall provide documentation that seed stocks are free of diseases that may threaten endemic populations, such documentation should be obtained from the hatchery or nursery from which the seed stocks were obtained. Seed stocks, obtained from hatcheries or nurseries located outside of the State must be certified by a licensed veterinarian as free of diseases that may threaten endemic populations. (3)The documentation required in s.25,g.(2),of this lease,as well as the source and destination,must accompany each shipment of seed stocks and market size shellfish,and a record of all documents and transactions shall be maintained by the Lessees and submitted to the Department in the annual lease audit. Shellfish seed stocks,for the purpose of this section,shall be defined as shellfish that are less than ten percent of market-size or require a minimum of six months to reach market-size. h.Shellfish aquaculture products from certified aquaculture operations may be possessed,transported and sold when such shellfish are segregated in distinct containers, with each container being appropriately labeled as to source and certificate of registration number. (1)The Lessees shall obtain authorization from the Department to relay market-size shellfish stocks from any lease that is temporarily or permanently closed to direct-to-market sale. The Lessees shall document that the receiving lease is closed for direct-to-market sale of shellfish for at least 30 days when market-size shellfish are obtained from another shellfish lease or source that is closed for direct-to-market sale at the time of the transaction. Shellfish aquaculture products which are harvested from a lease that is temporarily or permanently closed to direct-to-market sale shall be documented as to date of harvest and transport.The authorization to relay may include requirements for bacteriological analyses. (2)The Lessees shall obtain authorization from the Department to conduct activities associated with transplanting and relaying wild shellfish stocks. j.Shellfish aquaculture products which are harvested from the lease for direct-to-market sales for human consumption shall comply with other applicable provisions of Chapter 597,F.S.,Chapter 5L-1,F.A.C.,and any other applicable provisions of law and administrative code. k.This lease shall be used for the specific purpose of shellfish cultivation.Specifications regarding placement,type,and function of appliances and devices used in culture practices and predator exclusion should be expressly approved by the Division of Aquaculture. The use of shellfish growing racks within the lease area is required to be approved in advance by the Department, and a permit for such activity is required to be obtained from the U.S.Army Corps of Engineers. 1.The Lessees shall perform the aquaculture activities in such a manner that will not have an adverse impact on significant resource habitats such as seagrass beds or on endangered species such as manatees and sea turtles. Page 4 of 13 Pages SSLAL No.11-AQ-1041 DACS-15103 05/01 Packet Page-1113- Attachment A 3/12/2013 16.A.9. v+.. NJJJ 1v. VI J• BOARD OF-TRUSTEES OF THE IN C1 • r n 7 TRUST FUND OF THE STATE OF FLORIDA �L, ,,,,,,dl li / 1--(i'9 (SEAL) A.L. .40104 Ori inal S nature of Witness .... .eivetoc, > ela ,3. Pa iii.,type�nted Name of Witness By • Nil Mike Gresham,Director,Division of Ailzitinistration Department of Agri&ilture,and Copyuhier Services,Designee ��‘,LZ■ For the Board of Trustees o''tbe Internal Improvement Trust Fund Origi : Signature of Witness `�.� ,�� KF'T'C Q - a5SQ-\:, "LESSOR, Typed/Printed Name of Witness STATE OF FLORIDA COUNTY OF LEON .sJ The foregoing instrument was acknowledged before me this iAj f day of Mike Gresham,Director,Division of Administration,who is personally known me and who did not take oath. 20��by . ...... 4...c"." (i's 4./...-e..4---) Notary Pu is (SEAL) State of ori..at Large A ! s, 1` < _ 4 � Typed/Pri ed Name of Notary • blic Karen A.Meyer ' / Commission lk DC4346679 My Commission Expires: /C1 /ZC p f . s+aE 'roe eO.,,,,t rob.r 2 xs008 Commission No. 1 AT 3 /t 6)y' DATE: //j-//0 05 Collier County,a Political Subdivision of the State of Florida (SEAL) .. ATTEST: .„;,' Lessee DW ?3l2 CI{>>£LERK By ! '�' LA), By 10.C• FRED W.COYLE,CHAIRMAN Deputy Clerk ZO'; tAill'f togneture osty "LESSEE" A...1 3Q~-as to�form 6legal sufficient, Assistant County Attorney Ellen T. Chadwell WITNESSES: ■ Florida Gulf Coast University (SEAL) Lessee ..14 ,l'AlefiHeci By! QwO�—g1---,ti Original Si:. ature of Witness Or ginal Signature of Executing Authority T e p ,ef:[` 1. IswANI Vii Typed/Pr"-.Name of Witness �/ � / Typed/Printed Name of Executing Authority ,l�da..n.J C7let W4 Cf...;,,,/, rr Otis- al Signature of Wi DX �h cl �lrw,�ac- C Go�-" C�/ �` Title of Executi�g Authority f 6U � Ai F h 5 1-.�.ern C.%7 Typed/Printed Name of Witness "LESSEE" Page 5 of 13 Pages . SSLAL No.11-AQ-1041 DACS-15103 05/01 Packet Page-1114- 3/12/2013 16.A.9. AttachmentA ULt• J7JJ r1J. vi STATE OF // • Gt ..) COUNTY OF V/ The going instrument w ow g efore me this 1 3 day of ■Imo,• 20126-by n behalf of Fl•rida Gulf Coast University, who is personally known to me or who have produced as identification and who did/(did not)take an oath. My/V,CCoGm.'mmiiission Expires: Notary•ublic,' k n� • sg ).., �D 452615 _ t Commission No. � : c'"1�2•E;1� �u�n 1u tons Typed/Printed Name of Notary Public " State of H.6t—tr a . at Large • •'f1e 4" SUSAN N FOHS MVcommissioN•DDISISPS bP EXPIRES:Aug.7,2009 Men 3.4415a Italy"wy e..lo.eem Page 6 of 13 Pages SSLAL No.11-AQ-1041 DACS-15103 05/01 Packet Page-1115- i. . . Y / __ 3/12/2013 16.A.9 : . - -. `= - ex . "'it-- f2� M r C? .d a so .cz,.,.,,,,A., , ---,■i•,,,.%4.,0 0„., _ .. \---- ... 4, ;.,:t.„_ , .,, _ _ . ,,.„,„ o o -IF r_ �.--..r: oho` • - Iii •o -F,i� 8 a, :�7. o Cc ':='x � 0 - g 7.," i i I:.5S,,, ._,.. '''' It , - J&tW v T me ° i _3. •, jam.°C / $E 11 $g ap a r :+yto _ 1 I 1111 nil 5 • L x 'i'S *' �+_ 1/111111 I P Eil, o, I P e _ J r §r , 7 0 Y° Pt. SX.. . .-...i 0 C L'.Foe �� ..- c) 4-11 � � i ^ � gg-s. 0 , o 0. , tril't. 4C1‘ 0 10%t...,,,.. ilk, I. ii: . g , ,,..... f.7.111. 411100, r.4..., 1 e• 77 r i � S e 4 11 � •• / 4c-->D OR: 3933 PG: 0125 Page 7 of 13 Pages SSLAL No. ]1-AQ-1041 67rAC 1 M ar Ilk (composers) Packet Page -1116- Attachment A 3/12/2013 16.A.9. On. a;JJ rv, via 16A16 • .. , . _ . . „ , i .; 1 RH op . . ia A F, 9 d R A to a 1 .R t Fx IQ 11 ifi igg a Ifg $ $ II 9 ; ; ; iii ' i t y $ E $ ti U $ 1 n 1. $ E If ^ at $ o $ N, O. .$ $ E $ ` $ $ JE $ E $ $ 44b .4 ? $. , L $ r rob. # t. n a ;� a a n $ $ t 4 $ . $ t $C7 QSY If }{ $ $ nr k4 silt# a 1!ffci!1 L g a "`axg let S. €191, sit^a .. ¢ 1, 1 0 iiiiiiiiiiiiiiiiii;;;coif fifizeezzibzzeszzzezltzez scltz b U U f U• Fi I€€jtt6Ii€€€€€:pl€IEIII III €s€€:= €14k€ =; iif g �{cil i6:FS�i liikilid lllllQii 6lliU$4i§i ki 11111111€111111if1111111111111111111111111111111 116111111111,1111 It �t1t 11 141144141 11 41 4 1 1111'1:411411 ° 93 i8aa��sll.r 1 �g 1 ya4illyi lyabiii#ys;€lid li �]3k �7�ltih li(lills �ill1141 11(1( 1 ;; • M 11+i iiiiii iii #iii pip3ga.d;il i i; iypp;/Yiii•Zi i'"i S-`. i 1. X4141444414 AX; 4 44;44 AA44 mg44t4444X Ri14gl 111. 4411 1 " Page 8 of 13 Pages SSLAL No. 11-AQ-1041 .m. �a�ac run.b�w.rez 2.2 IC P[POYAIW El, y .�v�� ��� ` m a r<°Packet Page -1117- `.� �. ,.....�Y 17.1.1o,� Attachment A 3/12/2013 16.A.9. �++�• JJdJ 11.1 V1Lt CAPE ROMANO AQUACULTURE USE AREA 16)116 PARCEL CC-16 A Parcel Of Land Lying Submerged In Gullivan Bay,Collier County,Florida,Being More Particularly Described As Follows: Commence At A Point Identified As U.S.Coast And Geodetic Survey Monument,Stamped "S 250 1965",As Shown On National Geodetic Survey Data Sheet"AC0675";Thence South 68°52'58"East,7649.07 Feet To A Point Identified As A Florida Department Of Environmental Protection Benchmark Stamped"T 598 2004",As Shown On National Geodetic Survey Data Sheet"DG8597";Thence South 22°53'55"West,54392.49 Feet To The Point Of Beginning;Thence South 46°05'31"East,499.40 Feet;Thence South 43°54'29"West, 174.40 Feet;Thence North 46°05'31"West,499.40 Feet;Thence North 43°54'29"East, 174.40 Feet To The Point Of Beginning. The Above Describes An Area Of 1.999 Acres More Or Less Of Submerged Land Lying In Gullivan Bay. Sheet 1 of 2 Page 9 of 13 Pages SSLAL No. 11-AQ-1041 Packet Page -1118- Attachment A a 3/12/2013 16.A.9. d&%• JJJ I CAPE ROB AR OUA CC TURE USE AREA 16A 16 . I 0 I„ , 55..2, US. COOAST AND GEODETIC SURVEY �s+'s0j. F MONUMENT STAMPED 'S 250 1965' 0 NATIONAL GEODETIC SURVEY DATA SHEET, DESIGNATION: S 250 PERMANENT IDENTIFIER: AC0675 _ FLORIDA DEPARTMENT OF ENVIRONMENTAL COORDINATES PROTECTION BENCHMARK: LATITUDE N 25' 59'40.01400' 1/2'STEEL ROD WITH NATIONAL GEDETIC LONGITUDE W 81' 35'32.77293' SURVEY ACCESS COVER ON A 5'PVC PIPE; STAMPED 7 598 2004'. I, NATIONAL GEODETIC SURVEY DATA SHEET: ' DESIGNATION: T 598 PERMANENT IDENTIFIER: DG8597 ,h ' COORDINATES h-> h LATITUDE N 25'59' 13.03317' I ,��, �°j LONGITUDE: W 81' 34' 14.44215' I h cc ■ q POINT OF BEGINNING LATITUDE: N 25' 50'55.79954' LONGITUDE: W 81' 38' 03.71353' 9 4e`�k0 i.t) X10 sA 6• e06 osv-,. F -9 LATITUDE N 25' 50' 54.54928', 't CC-16 s o- LONGITUDE W 81' 38' 05.03075' Fo _ LATITUDE: N 25 50' 52.38646' / \\ ..1`,ki. 1.999 ACRES LONGITUDE W 81' 37' 59.75701' \ 4 \ \ 7.9 \ CC-15 \ �,.gt� ,o \ \ 06 5 \1 \ \ 1oa. LATITUDE N 25' S0'51.13622' LONGITUDE. W2\58' 81' 38' 01.07423' \ / /: f • JAMES S. RICHMOND ”''ti, [°.ate PROFESSIONAL SURVEYOR AND MAPPER% '., FLORID4 CERTIFICATE NO. LS 41 i8 E I SKETCH OF DESCRIPTION SOUTHERN MAPPING TECHNOLOGY INC., L k627 r, ' SCALE: NOT A SURVEY UNLESS IT BEARS THE SIGNATURE AND THf;ORIGNAL•P:SEii•SEAi.•OF_-A I'= 200' FLORIDA LICENSED SURVEYOR AND MAPPER'THIS`DRAWING,'SKETCH,-PLAT, OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT.VALID. I SOUTHERN MAPPING TECHNOLOGY INC. Professional Surveyors And Mappers 4376 Corporate Square, No. 1 Naples, Florida, 34104 Phone No. (239)643-2911 • Fax No. (239)263-9099 j SHEET 2 OF 2 Page 10 of 13 Pages SSLAL No. 11-AQ-1041 Packet Page -1119- Attachment A 3/12/2013 16.A.9. O . JJJut 1 U. V167 1616 e a i 3x Ili Pa 4 ., t 041 41 a $ g4 6 a A All " 11 1 a2'� �' fti 11 A6 f t�ii : '� I' !i'; t A v�3112 ''� � n i UM 4 F A A I i t 8 t,,P iq;i i iii! e 81 • .Q i 8 41. i .". 1 4 Fi 1 ¢la R �oa€d8 X11 8 6 = d a $ � � a �� fro t� LDDX; $ :�g�a e 6 k_ 8€v F' 8€ 5 a 8 0 A R gg z, i s I $ 4 4 $ 4 $ 1 ' c. 5 8 $ 1 ,-7,„. :. ; o 21 1 3 n " R m tl a i s Drsnr,_P- i ' n, a Z; ill a a d i t- ill "t Y - Eg • ; i3 F 1 414gt t S S r 5 i 1 5 5 8 4 . 14424 e` 45 554 455 2 2 22 t8 i 5 1 1 e E 1E§98 5 1 i 111111111111111111111111 1117 i/ g14a111f111111 ES 1gEUtf1 111lE1 1€11e1z?1lt11i16111144v1 ( . 1411= 1i 1dg 111i1t16 -, .1;11 11111$ 11sp , l i 1 'Igg111 'ei l i/111/111(1t441(` 1ffidi (id $8ilifi 1t i l2a = Page 11 of 13 Pages SSLAL No. 11-AQ-1041 Imi 10. 2.z �MOTE NORSE MY '="°�d °""TM""° Packet Page-1120-- (� MOTE 1101OE iaY AQUACULTURE USE AREA w"R>ep .lt, .MNO,"WR.Irq Tpp,pp,QOY.INC. 3/12/2013 16.A.9. Attachment A C . JJJJ LvI WHITE HORSE KEY AQUACULTURE USE AREA 16A 16 PARCEL CC-25 A Parcel Of Land Lying Submerged In Gullivan Bay,Collier County,Florida,Being More Particularly Described As Follows: Commence At A Point Identified As U.S.Coast And Geodetic Survey Monument,Stamped "S 250 1965",As Shown On National Geodetic Survey Data Sheet"AC0675";Thence South 68°52'58"East,7649.07 Feet To A Point Identified As A Florida Department Of Environmental Protection Benchmark Stamped"T 598 2004",As Shown On National Geodetic Survey Data Sheet"DG8597";Thence South 01°49'46"East,48914.13 Feet;Thence North 89°01'19"East,600.15 Feet;Thence South 07°58'34"East, 1582.59 Feet To The Point Of Beginning;Thence North 89°01'19"East,499.40 Feet;Thence South 07°58'34"East, 175.71 Feet;Thence South 89°01'19"West,499.40 Feet;Thence North 07°58'34"West, I75.71 Feet To The Point Of Beginning. The Above Describes An Area Of 1.999 Acres More Or Less Of Submerged Land Lying In Gullivan Bay. Sheet 1 of 2 Page 12 of 13 Pages SSLAL No. 11-AQ-1041 Packet Page-1121- WHITE HORSE KE'AthitIVACOLTURE USE AREA 3/12/2013 16.A.9. POINT OF COMMENCEMENT PARCEL CC-25 U.S. COAST AND GEODETIC SURVEY OR; 3933 PG; 0131 *** MONUMENT STAMPED S 250 1965' 1_ 6_/ •it i NATIONAL GEODETIC SURVEY DATA SHEET; DESIGNATION: S 250 1 PERMANENT IDENRFTER: AC0675 COORDINATES '- (vim LATITUDE: N 25' 59' 40.01400" II LONGITUDE: W 81' 35'32.77293' S 66.- , ,6190,,'9 e I'I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BENCHMARK: 1/2'STEEL ROD WITH NATIONAL GEODETIC SURVEY ACCESS COVER ON A 5'PVC PIPE, STAMPED 7 598 2004 W NATIONAL GEODETIC SURVEY DATA SHEET: io DESIGNATION: T 598 rn ., PERMANENT IDENTIFIER: DG8597 i v o, COORDINATES SCALE o LATITUDE N 25' 59' 13.03317' h LONGITUDE: W 81' 34' 14.44215' 1' = 200' I .c_1\ N 89'01'19'E V 600.15' r LATITUDE N 25' 50' 53.59869' 0 LONGITUDE W 81' 33' 40.50969' CC-18 t 'a o°' CC-26 1 1 N 89'01'19'E o- h L 100.75' j z POINT OF BEGINNING 50.38' r N 8901'19'E 50.38' r- LATITUDE: N 25' 50'53.49312" 3 499.40' W 1 LONGITUDE W 81' 33' 45.97482' I !7 n n CC-17 ' CC-25 l^ AREA = 1.999 ACRES o 100.00' 1" ANIck 1 - L z S89'01'19' W N 499.40' LATITUDE: N 25'50' 51.77067' LONGITUDE: W 81'33' 45.69979' LATITUDE: N 25' 50' 51.87624' I II LONGITUDE: W 81,:\33"`40.2,.1468' i i 4 'j j • ''4 r..a / Z r" "rES S. RICHMOND : •, ?,t I..LSi,f.J PROFESSIONAL SURVEYOR AND MAPPER (.• ' FLORIDA CERTIFICATE NO. LS 4118 7"u-.:''''I- - , SKETCH OF DESCRIPTION SOUTHERN MAPPING TECHNOLOG'I 4"1.B 68E27 3, NOT A SURVEY UNLESS IT BEARS THE SIGNATURE "I.)) •�. V,�JI.".S.i♦ AND-mt,DRIGimi.'RAISED_!SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ZPIS DRAWING,.SKETCH, PLAT, OR MAP IS FOR INFORMATIONAL PURPOSES'ONLY AND IS NOT VAUD. SOUTHERN MAPPING TECHNOLOGY INC. Professional Surveyors And Mappers 4376 Corporate Square, No. 1 Naples, Florida, 34104 Phone No. (239)643-2911 • Fax No. (239)263-9099 SHEET 2 OF 2 Page 13 of 13 Pages SSLAL No. 11-AQ-1041 Packet Page-1122- Attachment B 3/12/2013 16.A.9. From: Knickerbocker.Kal To: HambriahtGail Subject: RE: Lease No 11-AQ-1041 Date: Tuesday,February 19,2013 10:17:29 AM Gail To our knowledge there has been no Department grant funding awarded to FGCU regarding this lease parcel. Thanks Kal Knickerbocker Environmental Administrator Division of Aquaculture Florida Department of Agriculture and Consumer Services (850)488-4033 (850)410-0893 Fax (850)694-8834 Cell Kal.Knickerbocker @FreshFromFlorida,com 1203 Governor's Square Blvd. Suite 501 Tallahassee, Florida 32301 www.FreshFromFlorida.com Please note that Florida has a broad public records law(Chapter 119, Florida Statutes). Most written communication to or from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida From: HambrightGail [mailto:GailHambright @colliergov.net] Sent: Tuesday, February 19, 2013 9:41 AM To: Knickerbocker, Kal Cc: Prentis, Wanda; McAlpinGary Subject: RE: Lease No 11-AQ-1041 Importance: High In order for this to move forward I have been requested to indicate the following: if FGCU did indeed apply and receive grant funding for these reserved parcels? Thanks, cafe D. Nam/flight Coastal Zone Management Natural Resource Department Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 Phone:(239) 252-2966 Packet Page-1123- Attachment B 3/12/2013 16.A.9. Fax: (239) 252-2950 Stream Fax (239) 252-6502 -- From: Knickerbocker, Kal [mailto:Kal.Knickerbocker @freshfromflorida.com] Sent: Tuesday, January 29, 2013 10:08 AM To: HambrightGail Cc: Prentis, Wanda Subject: RE: Lease No 11-AQ-1041 Gail: The Florida Gulf Coast University has requested that submerged land aquaculture lease No 11-AQ-1041 be modified by removing Collier County from the lease document title. The Department can only make lease title changes when we have written acknowledgment from both of the joint leaseholders. If Collier County is agreeable to this change provide us with documentation to that effect. It can be as simple as: Please remove Collier County as a lessee on submerged land aquaculture No.11-AQ-1041. Thank you Kal Kal Knickerbocker Environmental Administrator Division of Aquaculture Florida Department of Agriculture and Consumer Services (850)488-4033 (850)410-0893 Fax (850)694-8834 Cell Kal.Knickerbocker FreshFromFlorida.com 1203 Governor's Square Blvd. Suite 501 Tallahassee, Florida 32301 www.FreshFromFlorida.com Please note that Florida has a broad public records law(Chapter 119, Florida Statutes). Most written communication to or from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida From: HambrightGail [mailto:GailHambrightecolliergov.net] Sent: Tuesday, January 29, 2013 8:35 AM To: Knickerbocker, Kal Subject: Packet Page-1124- Attachment B 3/12/2013 16.A.9. quit D Nam/might Coastal Zone Management Natural Resource Department Collier County Government 2800 N. Horseshoe Drive Naples,Florida 34104 Phone: (239) 252-2966 Fax: (239) 252-2950 Stream Fax (239) 252-6502 Under Florida Law. e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Page-1125-