Agenda 12/11/2012 Item #16D 412/11/2012 Item 16.D.4.
EXECUTIVE SUMMARY
Recommendation to enter into a Residential Lease Agreement with Collier County Sheriff's Deputy
Arlo Hagen to reside at Pepper Ranch Preserve, 6315 Pepper Road, Immokalee, FL 34142.
OBJECTIVE: To provide an overnight security presence at Pepper Ranch Preserve.
CONSIDERATIONS: On June 28, 2011, Agenda Item 16E6, the Board of County Commissioners
(Board) approved the Pepper Ranch Preserve Final Management Plan. It is stated in Action Item 8.1 of
the plan that "a County Sheriff's Department officer or FWCC officer with jurisdictional arrest capability
will reside [at Pepper Ranch] to keep watch over the preserve."
Arlo Hagen is a Collier County Sheriff's Deputy with the Agricultural Bureau. In return for living in the
residence at Pepper Ranch Preserve, Deputy Hagen will park an easily identifiable Sheriff's Office
vehicle on the property and mow the 2 -acre area surrounding the residence a minimum of once every
three weeks. The terms of the Pepper Ranch Residential Lease Agreement are similar to the terms of past
Residential Lease Agreements that have been entered into by the Board and Collier County Sheriff's
Office.
FISCAL IMPACT: A County contracted landscaping vendor is currently mowing the 2 -acre area
surrounding the Pepper Ranch Preserve residence for $4,140 annually. If Deputy Hagen enters into the
residential lease agreement, the County will save $4,140 annually.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. -J W
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: That the Board of County Commissioners enters into a Residential Lease
Agreement with Collier County Sheriff's Deputy Arlo Hagen to reside at Pepper Ranch Preserve, 6315
Pepper Road, Immokalee, FL 34142
Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Department
Attachments: Residential Lease Agreement
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12/11/2012 Item 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4.
Item Summary: Recommendation to enter into a Residential Lease Agreement with
Collier County Sheriff's Deputy Arlo Hagen to reside at Pepper Ranch Preserve, 6315 Pepper
Road, Immokalee, FL 34142.
Meeting Date: 12/11/2012
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
10/29/2012 12:42:45 PM
Submitted by
Title: Environmental Specialist, Principal,Facilities Management
Name: HennigMelissa
10/29/2012 12:42:47 PM
Approved By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
Date: 10/30/2012 8:53:02 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 11/5/2012 8:48:37 AM
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
Date: 11/6/2012 2:46:27 PM
Name: SuleckiAlexandra
Title: Environmental Specialist, Senior,Facilities Manage
Date: 11/14/2012 12:59:51 PM
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12/11/2012 Item 16.D.4.
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 11/16/2012 11:15:35 AM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/20/2012 1:52:51 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 11/21/2012 1:03:45 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/21/2012 2:17:18 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 3:27:27 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/29/2012 9:26:49 AM
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12/11/2012 Item 16.D.4.
RESIDENTIAL LEASE AGREEMENT
Residential Lease Agreement made this day of , 201_,
between the Board of County Commissioners of Collier County, Florida, whose mailing address is
3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "BOARD ") and Arlo
Hagen, whose address will be 6315 Pepper Road, Immokalee, Florida 34142 (hereinafter referred to
as the "LESSEE ").
WITNESSETH
WHEREAS, the BOARD is responsible for the operation and maintenance of Pepper Ranch
Preserve, owned by, and located in, Collier County, Florida ( "Demised Premises "), and
WHEREAS, the BOARD deems it advantageous to itself to hereby provide security to the
Demised Premises and to enter into this Agreement to lease use of the Demised Premises and
improvements thereon to a Collier County Sheriff's Deputy with powers to arrest, as hereinafter set
out, and
WHEREAS, the word "LESSEE" as used herein refers to the Collier County Sheriff's Deputy
and any members of his/her family who reside at the Demised Premises, and
WHEREAS, "Demised Premises" as used herein refers to the residential home, its vehicle
parking area, and its means of ingress /egress located at 6315 Pepper Road, Immokalee, Florida 34142
and more particularly described and set forth in Exhibit `A' attached hereto and made a part hereof,
and
WHEREAS, the BOARD shall provide a residence but shall not be responsible for any
moving costs relating thereto, and
WHEREAS, the parties hereto hereby enter into the Lease for certain specified lands to lease
certain uses upon such lands at the said Demised Premises, and
WHEREAS, as used herein any power or authority then delegated to the Chairman of the
BOARD or his/her designee, may be performed on behalf of the BOARD or by the Chairman and/or
his/her designee without the inclusion in the respective provision herein of any phrase such as "the
BOARD'S agent or designee," etc.
NOW THEREFORE, in consideration of the Demised Premises and the mutual covenants and
promises hereinafter contained, the parties hereto hereby agree as follows:
Article 1. Term of Lease. Cancellation
The term of this Lease shall be effective commencing on 201 and shall continue
from month -to -month unless terminated according to the further terms hereof. This Lease shall
terminate immediately upon LESSEE leaving the employ of the Collier County Sheriff's Office (for
purposes of this Lease, "employ" shall include any appointment to the Collier County Sheriff's
Office Auxiliary). The BOARD and the LESSEE have the right to terminate this Lease with or
without cause by providing the other party with thirty (30) days written notice to the address listed in
Article 29 of this Lease.
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12/11/2012 Item 16.D.4.
This Lease is subject to part II of Chapter 83, Florida Statutes.
Article 2. Rent
In lieu of rent, the LESSEE understands that he shall use his best efforts to secure the
Demised Premises from vandalism during the term of his residency. This should include a daily
round of the major points of access and any exterior facility doors and/or windows on any buildings
on the property. Any suspicious findings should be reported immediately to the Facilities
Management Department Director or his/her designee and any other indicated law enforcement
action may be initiated according to the normal discretion of the deputy. Any acts of vandalism, or
the presence of suspected vandals or trespassers on the Demised Premises or Preserve property shall
be handled according to normal law enforcement discretion as authorized by the Sheriff. It is the
intent of this Lease that the LESSEE shall be held only to the standard of normal off -duty law
enforcement procedures, and no higher standard is intended to be accepted or imposed by this Lease.
It is preferred that any necessary law enforcement action be conducted when on duty or by a normal
on duty deputy.
At the commencement of this Lease, the LESSEE shall meet with the Facilities Management
Director or his/her designee at the Demised Premises for the purpose of developing a report plan for
the Demised Premises' security and working with the Facilities Management Director or his/her
designee in connection therewith. Written reports of suspicious or unusual activities and action taken
shall be forwarded from LESSEE to the Facilities Management Director.
LESSEE'S failure to use his best efforts to monitor the Demised Premises and report his
findings to the Facilities Management Director or his/her designee shall subject LESSEE to possible Aft
termination of this Lease. In the event of termination, the LESSEE will vacate the Demised Premises
thirty (30) days after the BOARD has provided notice to the LESSEE stating that the Lease is
terminated. However, both parties agree that the provision hereof shall be subordinate to LESSEE'S
primary duties as a certified law enforcement officer appointee of the Collier County Sheriff's Office.
Article 13 hereof shall apply to any notice given under this Article.
Article 3. Occupancy of Premises
BOARD hereby leases unto the LESSEE upon the provisions hereinafter set forth, all of
which the LESSEE accepts, the Demised Premises which shall be occupied only by the LESSEE and
his immediate family as a private, single family residence and for no other use or purpose
whatsoever.
Article 4. Assignment and Sublettiniz
LESSEE shall make no attempt to assign or otherwise transfer any rights to this Lease nor
sublease the Demised Premises or any part thereof without the consent of the BOARD. Any attempt
to assign or transfer any rights to this Lease to others shall be void ab initio.
Article 5. Entry for Inspection, Repairs and Alterations
LESSEE accepts the Demised Premises `as is' in its present condition and shall make no
alterations, changes or improvements to the Demised Premises without the prior written consent of
the BOARD. In the event that repairs associated with the Demised Premises are deemed necessary,
the BOARD will duly notify LESSEE accordingly. LESSEE shall allow BOARD free access to the
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12/11/2012 Item 16.D.4.
Demised Premises at all reasonable times for the purpose of examining same to investigate whether
all provisions of this Lease are being done and performed by LESSEE. BOARD shall have the right
to enter any building or structure on the Demised Premises, at any time, in the event of an emergency.
The determination of an emergency shall be at the sole discretion of the BOARD.
Article 6. Utilities
LESSEE agrees to pay the electricity and telephone services consumed by him during the
term of this Lease. BOARD shall pay all charges related to water and sewer including repair of well,
pumps and septic system. BOARD will permit LESSEE to use the Demised Premises's dumpster for
purposes of garbage and trash collection.
Article 7. Obligations of LESSEE
The LESSEE will be responsible for any conditions that may be caused by his or her
negligent or wrongful acts or omissions, those of a member of his family, or other person while on
the Demised Premises with LESSEE'S consent.
The LESSEE at all times during occupancy shall:
A. On a weekly basis, park an easily identifiable Sheriff's Office vehicle on the Demised
Premises. LESSEE must always be a law enforcement officer with powers of arrest.
B. Trim and mow the 2 -acre lawn area surrounding the structures in the Demised Premises,
and the 365 feet long Lake Trafford hiking trail with available BOARD equipment every
3 weeks. See Exhibit `B" for mowing locations.
C. Maintain the improvements and appurtenances thereto in a safe and habitable condition.
For safety reasons, LESSEE shall absolutely prohibit minor members of the family, or
guests who are minors, from going off of the Demised Premises and going onto any other
part of the Demised Premises except when each minor is in the actual presence of a
responsible adult.
D. Maintain the Demised Premises and keep said Demised Premises clean and sanitary, and
shall not allow the accumulation of materials, parts, etc., on such Demised Premises.
E. Remove all garbage in a clean and sanitary manner.
F. Keep all plumbing fixtures clean and sanitary and in repair.
G. Not destroy, deface, damage, repair or remove any part of the Demised Premises or
property therein belonging to the BOARD, or permit any person to do so.
H. Conduct himself, and require other persons on the Demised Premises with his consent to
conduct themselves, in a manner that does not unreasonably disturb his neighbors or
constitute a breach of peace.
I. Use and operate in a reasonable manner all electrical, plumbing, sanitary, hearing,
ventilating, air conditioning and other facilities and appliances.
J. Refrain from consuming alcoholic beverages while in the public area of the Demised
Premises; however, nothing herein shall prevent LESSEE, his family or others from
consuming the same within the private residence on the Demised Premises.
K. Refrain from erecting any signs on the Demised Premises without the prior approval of
the BOARD.
L. Not keep, or permit to be kept on the Demised Premises, any junk vehicle on which
current registration plates are not displayed, nor shall there be any repair or extraordinary
maintenance of automobiles or other vehicles on the Demised Premises.
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12/11/2012 Item 16.D.4.
Article 8. Obligations of BOARD
BOARD covenants and agrees to only those obligations that are required by Part II of Chapter AOW
83, Florida Statutes, and which cannot be eliminated by agreement. This Lease shall be at no cost to
the BOARD.
Article 9. Requirement of Law
LESSEE shall observe and comply with any and all requirements of the constituted public
authorities and with all federal, state, or local statutes, ordinances, rules, regulations, and standards
applicable to LESSEE, including, but not limited to, rules and regulations promulgated from time -to-
time or at the direction of the BOARD. LESSEE shall be responsible for all expenses incurred as a
result of LESSEE, or LESSEE'S family, employee, agents, or visitors violating the covenants of this
Agreement.
Article 10. Waivers
A waiver by the BOARD of a breach of any covenant or duty of LESSEE under this
Agreement is not a waiver of a breach of any other covenant or duty of LESSEE, or any subsequent
breach of the same covenant or duty.
Article 11. End of Term
At the termination of this Lease by lapse of time or otherwise, LESSEE shall yield up and
surrender immediate possession of the Demised Premises to BOARD, in accordance with Article 23
and 25 of this Lease, and upon failure to do so LESSEE shall thereafter be considered a trespasser.
This Lease shall not be construed as a waiver to BOARD of any right of re -entry as has been
hereinbefore provided, nor shall the receipt of consideration in apparent affirmance of the lease
operate as a waiver of BOARD'S rights to declare this Agreement terminated. The term hereby
granted shall be at an end for the period remaining still unexpired by reason of any subsequent breach
of any provision herein unclaimed.
Article 12. Default
Notwithstanding any provisions to the contrary contained in this Lease, if default be made by
LESSEE in fulfilling any of the covenants of this Lease, and such default shall continue for a period
of seven (7) days after written notice thereof from the BOARD to LESSEE, provided that if the
default complained of shall be of a nature that the same cannot be completely cured or remedied
within a ten (10) day period, and if LESSEE shall not have diligently commenced during such default
within such ten (10) day period, and shall not thereafter with reasonable diligence and in good faith
proceed to remedy such default.
Article 13. Fees and Expenses
If LESSEE shall default in the observation or performance of any term under, or by virtue of,
any of the terms or provisions in any Article of this Lease, the BOARD may immediately, or at any
time thereafter, and without notice, perform any such obligation of LESSEE hereunder. If the
BOARD, in connection therewith or in connection with any default by LESSEE makes any
expenditures or incurs any obligation for the payment of money, including but not limited to
attorneys' fees, in instituting, prosecuting or defending any action or proceeding, then such sums so
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12/11/2012 Item 16.D.4.
paid or obligations incurred, along with interest and costs, shall be deemed an expense hereunder and
shall be paid by LESSEE to BOARD within three (3) days of rendition of any bill or statement to
LESSEE thereof. If LESSEE'S Lease term shall have expired at the time of making of such
expenditures or incurring of such obligations, then such sums shall be recoverable by BOARD as
damages.
Article 14. Landlord Liens
BOARD shall have a specific lien on all personal property of LESSEE brought upon the
Demised Premises, at any time. The lien shall be security for the payment of damages and the
performance of any obligation of LESSEE, which specific lien shall be in addition to any other
"landlord's" lien as is now or may hereafter be provided for under the laws of the State of Florida.
Any such lien may be foreclosed in equity in the same manner as a mortgage lien.
Article 15. Interruption of Service
Interruption or failure of any utility service to the Demised Premises, if due to causes beyond
BOARD'S control shall not constitute eviction unless BOARD shall fail to take such measures as
may be reasonable in the circumstances to restore the service without undue delay.
Article 16. Abandonment
If at any time during the term of this Lease, LESSEE abandons the Demised Premises,
BOARD may, at its option, reenter the Demised Premises, by any means, without being liable for any
prosecution therefore, and without becoming liable to LESSEE for damages or for any payment of
any kind whatever. If the BOARD'S right to reentry is exercised following abandonment of the
Demised Premises by LESSEE, then the BOARD may consider any personal property belonging to
LESSEE and left on the Demised Premises to also have been abandoned, in which case the BOARD
may dispose of all such personal property in any manner BOARD shall deem proper and is hereby
relieved for all liability for so doing.
Article 17. Quiet Enjoyment
BOARD covenants and agrees with LESSEE that upon LESSEE performing all the terms,
covenants and conditions, on LESSEE'S part to be observed and performed, LESSEE may peaceably
and quietly enjoy the Demised Premises subject to the terms and conditions of this Agreement.
Article 18. Non - Employment Acknowledgement and Waiver
It is hereby acknowledged by the LESSEE that he is not an employee of the Collier County
Facilities Management Department and any duties imposed upon the LESSEE by the terms of this
Lease are solely in consideration for the Lease. Any acts performed by the LESSEE that are outside
the terms of this Lease shall be considered voluntary in nature. The LESSEE hereby waives any
eligibility for Workers' Compensation benefits from the BOARD and holds the BOARD harmless
from any damages to LESSEE for any acts that are outside of the provisions and terms of this Lease.
Article 19. LESSEE'S Improvements
LESSEE shall not install or erect additional structural and other improvements on the
Demised Premises, or alter, change or make other improvements on the Demised Premises.
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12/11/2012 Item 16.D.4.
Article 20. Waiver and Insurance
LESSEE agrees to hold harmless the BOARD and its officers, agents and employees from Aftk
losses, damages, claims and causes of action arising solely as a result of negligence of LESSEE.
During the entire term of this Lease, LESSEE shall obtain and pay for a Homeowner's
Liability Insurance Policy with personal liability limits of at least $100,000. BOARD will be named,
if possible, as an additional insured on this insurance policy. LESSEE will provide proof to BOARD
of this insurance within thirty (30) days of the execution of this Lease. Failure to comply with the
provision will constitute breach of this Lease and will be grounds for termination of the Lease. In
this event, the LESSEE will vacate the Demised Premises immediately after the BOARD has
provided a seven (7) day notice to the LESSEE stating that the Lease is terminated.
Article 21. Government Inclusion
It is further covenanted and agreed that BOARD reserves the rights to further develop and/or
improve the existing Demised Premises and any additions thereto, as the BOARD may deem fit,
without heeding the desires, views or objections of LESSEE and without interference or hindrance.
This Lease is and shall be subordinate to the provisions of any existing or future agreement
between BOARD, Collier County and/or the United States of America, or any board, agency, or
commission or any of them relative to the operations of maintenance of the Demised Premises, the
execution of which has been or may be required as a condition precedent to the expenditure of
Federal funds on the development of the Demised Premises or otherwise, and this Lease is and will
probably always be subordinate to the license or permit of entry which may be granted by the
Secretary of Defense of the United States.
Article 22. Rules and Regulations
LESSEE shall observe and obey all rules and regulations not conflicting with any provision
and purpose of this Lease as may now exist or may be promulgated from time -to -time by BOARD.
Article 23. Surrender of Possession
LESSEE agrees to yield and deliver to BOARD full possession of the Demised Premises
herein at the termination of this Lease, by expiration or otherwise, or of any renewal or extension
hereof, in good condition in accordance with its express or implied obligations hereunder, except for
ordinary wear and tear. LESSEE shall have the right, within thirty (30) days after the termination
hereof, to remove all of the personal property on or about the Demised Premises, subject, however, to
any lien which the BOARD may have thereon. Thirty (30) days after the termination of this Lease,
the BOARD may consider any personal property belonging to LESSEE and left on the Demised
Premises to have been abandoned, in which case the BOARD may dispose of all such personal
property in any manner BOARD shall deem proper and is hereby relieved for all liability for so
doing.
Article 24. Inspection of Premises
The BOARD or its duly authorized representatives, agents, and other persons for it, may enter
upon said Demised Premises at any reasonable time to investigate whether or not LESSEE is
Col
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12/11/2012 Item 16.D.4.
complying with all provisions of this Lease, or for any other purpose incidental to rights or interests
of the BOARD or Collier County.
Article 25. Holding Over
Should LESSEE hold over after lawful termination hereof, he shall be liable to the BOARD
for all expenses of the eviction process including attorneys' fees.
Article 26. Hazardous Substances
No tangible property shall be kept within or on the Demised Premises or otherwise on the
Demised Premises which are explosive or hazardous, and no trade, business or occupation shall be
carried on therein or thereon.
Article 27. Governing Law
This Lease shall be construed in accordance with the laws of the State of Florida. If any
provision contained in this Lease is held to be invalid by any court of competent jurisdiction or
otherwise appears to LESSEE and BOARD to be invalid, such invalidity shall not affect the validity
of any other covenant, condition, or provision herein contained; provided, however, that the invalidity
of any such provision does not materially prejudice either BOARD or LESSEE in its respective rights
and obligations contained in the remaining valid provisions of this Lease such shall not be
unreasonably withheld.
Article 28. Land Radiation Emission Standards
In accordance with Section 404.056(7), Florida Statutes, the following notification as it
pertains to radon gas and the leasing of building is hereby stated:
RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in
a building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed- federal and/or state guidelines have been found in
some buildings in Florida. Additional information regarding radon and radon testing may be
obtained from the Collier County Public Health Department.
Article 29. Notices
All notices provided for this Lease shall be in writing. Any notice required to be served upon
LESSEE other than by publication may be served upon him at:
Arlo Hagen
6315 Pepper Road
Immokalee, FL 34142
Provided, however, that if LESSEE shall give notice in writing to BOARD of any change in either or
both of said addresses, then and in such event such notice, if written, shall be given to LESSEE at one
of the substituted addresses. Any notice permitted or required to be served upon BOARD may be
served upon at:
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12/11/2012 Item 16.D.4.
Collier County Board of County Commissioners
Parks and Recreation Department
Attention: Conservation Collier Manager
15000 Livingston Rd
Naples, FL 34109
Provided., however, that the BOARD shall give notice in writing to LESSEE of any change in said
address, then in such event such notice shall be given to BOARD at such substituted address. Any
notice served by mail may be by registered mail, certified mail, or regular mail.
The LESSEE has read the terms of this Lease, and has had the opportunity to have the terms
of this Lease defined or explained, and has had the opportunity to retain legal counsel of his/her own
choice and at his expense to review the terms of this Lease.
IN WITNESS THEREOF, the parties hereto have signed this lease this day of
201_.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, CHAIRMAN
Approved as to form and legal sufficiency:
Jeff E. Wright �t
Assistant County Attorney
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lv l'�ya- j2 �
(Print Name)
- 041" kvll-e;�
Witness (Signature)
(Print Name)
LESS
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12/11/2012 Item 16.D.4.
12/11/2012 Item 16.D.4.
Exhibit "A7— Demised Premises
The Demised Premises is the residential home, its vehicle parking area, and its means of
ingress /egress located at 6315 Pepper Road, Immokalee, Florida 34142 within the parcel of land with
Property Tax Identification Number 00053840000. The residential home is the structure located
closest in proximity to Lake Trafford. It may also be referred to as "the little house ", "the cottage ",
or "the caretaker's house ".
Property Tax Identification Number: 00053840000
The East Half (E 1 /z) of the East Half (E '/2) of the Northwest Quarter (NW '/); and the Northeast
Quarter (NE 1/), less the East 30 feet and the Northerly 30 feet for public road right -of -way per
dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35, Township
46 South, Range 28 East, Public Records of Collier County, Florida, less 2.29 acres in the Northeast
Quarter (NE 1/) described in Deed recorded in Official Records Book 1834, Page 216; also less the
real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in
Official Records Book 280, Page 480; and in Official Records Book 282, Page 283; and in Official
Records Book 289, Page 910; all of the Public Records of Collier County, Florida.
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0
12 11/2012 Item 16.D.4.
Exhibit "B"
TRAFFORD OAKS RD PEPPER RD
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I
1 �
1
1
1
Pole Barn 1
Vsitor's Center
., DEMISED PREMISES
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LAKE TRAFFORDp '+
LAKE TRAFFORD RD --
yv_ - - --
Legend
Roads
Water
Driveway
Demised Premises
Areas to be mowed
Parcel # 00053840000
CON E ATION
LLIER',
W _ 1►-
S
I � � o - - 500 1,000 Feet
I C
11
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