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Agenda 04/23/2013 Item #16D 64/23/2013 16.D.6. EXECUTIVE SUMMARY Recommendation to authorize payment of a $1,753.71 Invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park and approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to the Florida Department of Environmental Protection. OBJECTIVE: To provide the required Florida Department of Environmental Protection's ( "FDEP ") Annual Fee and Sovereignty Submerged Lands Lease Annual Wet Slip Revenue Report to the Florida Division of State Lands. CONSIDERATIONS: On September 9, 2008, Agenda Item No. 16D47, the Board approved a Sovereignty Submerged Lands Lease Renewal and Modification to Increase Square Footage and to Add Special Lease Conditions ( "Lease "), recorded at Official Records Book 442, Page 4422 of the public records of Collier County. Paragraph 2 of the Lease requires the County to pay an annual fee based on the entire leased area (10,754 square feet) upon notification by the FDEP of the due date. Parks and Recreation received an invoice for $1, 753. 71, along with the 2012/2013 Wet Slip Information Form. The Annual Lease Fee for 2013/2014 is also based on information from 2012/2013. The 2012/2013 Wet Slip Information Form was completed by staff and states that the County did not receive income directly or indirectly from the lease area, includes the number and type of wet slips and certifies that all information provided is correct. Approval of this item will authorize the Board Chairwoman to sign the 2012/2013 Wet Slip Information Form and authorize payment of the invoice. FDEP has informed staff that the County will receive a proposed renewal of the Lease no earlier than mid May of 2013. FISCAL IMPACT: Annual lease fee for 2012/2013 is $1,753.73. Funding is available within the Parks and Recreation (001) Operating Cost Center 156363. LEGAL CONSIDERATIONS: FDEP has informed staff that it recommends renewal of the Lease. The subsequent Lease renewal will be made retroactively effective to the Lease expiration date of April 6, 2013. This item is legally sufficient and requires a majority vote for Board action. - JBW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners authorize payment of a $1,753.71 Invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park and approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to FDEP. Prepared By: Nancy E. Olson, Region Manager, Parks and Recreation Packet Page -1314- 4/23/2013 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to authorize payment of a $1,753.71 Invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park and approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to the Florida Department of Enviromental Protection. Meeting Date: 4/23/2013 Prepared By Name: BetancurNatali Title: Operations Analys, Parks & Rec -NCRP Admin 4/5/2013 3:15:21 PM Submitted by Title: VALUE MISSING Name: O1sonNancy 4/5/2013 3:15:23 PM Approved By Name: WilliamsBarry Title: Director - Parks & Recreation,Parks & Recreation Date: 4/5/2013 4:40:11 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 4/8/2013 11:06:55 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/8/2013 2:09:50 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 4/10/2013 1:06:20 PM Packet Page -1315- Name: KlatzkowJeff Title: County Attorney Date: 4/10/2013 3 :32:30 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/15/2013 11:29:23 AM Name: OchsLeo Title: County Manager Date: 4/15/2013 11:48:44 AM Packet Page -1316- 4/23/2013 16.D.6. t. DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315 -3070 Bill To: COLLIER COUNTY, FLORIDA C/O RAYMOND CARTER 3300 SANTA BARBARA BLVD. NAPLES, FL 34116 4/23/2013 16. D.6. I INVOICE ** INVOICE / INSTRUMENT INFORMATION ** Invoice #: 68766 Instrument #: 110534215 Invoice Date: 03/15/2013 Expiration Date: 04/06/2013 Due Date: 0411412013 Extended Term Fee: NO Rate: BASE RATE Location: CAXAMBAS PARK ** IMPORTANT REMINDERS If paying by mail, please return Invoice with your payment to the sbov2dress. Online payment by check, credit card or debit card is available at http:i www fidepportal-com /ao /pay4nvoices /. Late payments are subject to a 12% Interest fee pursuant to FAC 18- 21.011(1)(b)l 1. INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Feet Net Square Rate Discount Extended Term Fee Amount ANNUAL LEASE'FEE 021017 10,754 0.163077 N/A Y $1,753.73 Note: PLEASE COMPLETE THE ENCLOSED INCOME REPORTING FORMS AND RETURN WITH YOUR REMITTANCE U) L-V Subtotal $1,753.73 Sales Tax (0.0 %) $0.00 County Tax (0 %) $0.00 Total $1,753.73 Invoice $1,753.73 Balance Due instrument/Lease $1,753.73 Balance Due ANNUAL LEASE FEE FORMULA = BASE FEE* - DISCOUNT + EXTENDED TERM FEE *BASE FEE = Base Rate x Net Square Feet OR *BASE FEE = Minimum Rate DISCOUNT = Base Fee x Discount Percentage EXTENDED TERM FEE = Base Fee x Extended Term Fee Percentage For any questions concerning this invoice, please call the Division of State Lands at (830) 245 -2720, G Packet Page -1317- 4/23/2013 16.D.6.1 2012/2013 Wet Slip Information Form Lessee: Instrument No: I. INFORMATION ON WET SLIPS LOCATED ON STATE -OWNED LANDS 9. 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. 2. Number of Transient Slips- Slips that are rented on a short term basis. D 3. Number of Public Slips - open to the public on a "fast come, first served" basis. - Rental term shall be no longer than one year and with no automatic renewal rights or conditions, 4. Number of Slips Not Usable - Slips that are silted in or are in low water. O 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 O personal mooring, Association common area, etc. �• '� Total N�imtier of Slips on ` State- o�vged i.ands,�#dd llpes�r#hrough.63����"��zt. Is your facility a Pier with Admission Fees? YES NO 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 wet slips that are not within a state -owned submerged land lease. No income generated from these slips is to be reported II. INFORMATION ON WET SLIPS LOCATED ON PRIVATELY -OWNED LAND 9. Number of Slips Sold, Subleased, Licensed, Assigned, etc: 2. Number of Public Slips - open to the public on a "first come, first served" basis. 3. Number of Private Slips, not rented to the public - Slips used for personal mooring, Association common area, etc. ,ti'xi4'7'�rl},i sf..w�KKiitlkf�itriia Toial Number of Shps Pnvately�wnetl Lands hne 1 r.:_ ort, ,Add Packet Page -1318- G 4/23/2013 16.D.6. 2012/2013 GROSS INCOME REPORTING FORM Lessee: Instrument #: 11,06 -j `tZ 5 Month Year Direct Income Indirect Income The beginning month is the All income received directly by Lessee from All income received by someone other than Anniversary month of your lease. transactions within the lease boundary. * the Lessee for transactions involving the use of state -owned submerged land within the Lessee's lease boundary. April 2012 $ b $ a May 2012 $ 0 $ 0 June 2012 $ 0 $ July 2012 $ $ August 2012 $ © S D 0 September 2012 $ $ d O October 2012 $ $ November 2012 $ 0 $ 0 December 2012 $ O $ January 2013 $ $ February 2013 $ $ Q March 2013 $ $ TOTALS $ $ i{^�. � 1 y �1?irst be r�;fedSo ver r ! ►cn�► '' % ". ' - '!E .nY..i'h.�..�i.N ..S ,JV�' H t7.�'!t ,e .. � , ..:.. ,_,30 "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 memberships, and other similar transactions. PLEASE ATTACH A LIST OF ANYSUP 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 /BUREAU OF PUBLIC LAND ADMINISTRATION 3900 COMMONWEALTH BOULEVARD, MS #130 TALLAHASSEE, FLORIDA 32399 -3000 (850) 245 -2720 Packet Page -1319- G 4/23/2013 16.D.6. CERTIFICATION Instrument No. ( -05,34 Z I Cj Lessee Name: ifallcnc 60un:bc Billing Address 115000 L,4v1'Aa*4yri CityfStatelzip (,�',p f� �L-- 34 t v Telephone: .��) �� ( Z 4 (Please provide area code) Facfffty Address: Wt t (ew- 6cur-� Citylcountylzip: Alrxo ZM 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) 1 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 i Date STATE OF COUNTY OF Sworn to or affirmed and subscribed before me the day of , 20 by Personally Known OR Produced identification of identificaiton produced Signature Commission Expires (SEAL) ATTEST v es to TOM & legal DWIGHT E. BROCK, CieTk { Bw: Packet Page - 1320 -,_��, Assistant County Attorney