Agenda 12/11/2018 Item #16D1112/11/2018
EXECUTIVE SUMMARY
Recommendation to approve the Collier County University Extension Division’s request for
funding from the Collier County 4-H Association in the amount of $79,880; approve a subsequent
acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding
(MOU) with Collier County 4-H Association; and authorize the necessary Budget Amendment.
OBJECTIVE: To continue funding the University Extension 4-H Youth Development Programs.
CONSIDERATIONS: The Collier County University Extension Division is a federal, state, and county
partnership dedicated to developing knowledge in agriculture, human and natural resources, the life
sciences, and enhancing and sustaining the quality of human life by making that information accessible.
Financial support to assist in funding of the programs within the University Extension 4 -H Youth
Development Program is essential to assist in outreach coordinator salaries and put into operation
outreach educational activities in schools, after school and within many Collier communities.
This year’s Collier County University Extension Division request for funds from the Collier County 4 -H
Association, a Florida Non-Profit Association, will be dispersed as outlined in the MOU and used for the
continuation of the 4-H Youth Development Programs.
In addition to the funding from the Collier County 4-H Association, Collier County University Extension
receives contributions for the various 4-H programs from the program participants throughout the year.
FISCAL IMPACT: A Budget Amendment is needed to recognize funds in Public Services Grant Fund
(709) project 33603 in the amount of $79,880 for the period beginning January 2019 and ending in
December 2019 which consists of $79,880 from the Collier County 4-H Association. Although there is no
County match required, the County supports one-half of the full-time coordinator position with general
funds.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This Item has been reviewed by as to form and legality and requires
majority vote for approval. -CMG
RECOMMENDATION: To approve the Collier County University Extension Division’s request for
funding from the Collier County 4-H Association in the amount of $79,880; approve a subsequent
acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding (MOU)
with Collier County 4-H Association; and authorize the necessary Budget Amendment.
Prepared By: Twyla Leigh, Director, Collier County University Extension Division
ATTACHMENT(S)
1. 2019 4-H mou0001 (PDF)
16.D.11
Packet Pg. 2033
12/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Doc ID: 7402
Item Summary: Recommendation to approve the Collier County University Extension Division’s
request for funding from the Collier County 4-H Association in the amount of $79,880; approve a
subsequent acceptance of requested funds; authorize the Chairman to sign a Memorandum of
Understanding (MOU) with Collier County 4-H Association; and authorize the necessary Budget
Amendment.
Meeting Date: 12/11/2018
Prepared by:
Title: – Public Services Department
Name: Todd Henry
11/20/2018 12:54 PM
Submitted by:
Title: Department Head - Public Services – Public Services Department
Name: Steve Carnell
11/20/2018 12:54 PM
Approved By:
Review:
Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/20/2018 1:14 PM
University Extension Services Twyla Leigh Additional Reviewer Completed 11/20/2018 1:37 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/20/2018 1:49 PM
Public Services Department Kimberley Grant Level 2 Division Administrator Review Completed 11/20/2018 2:28 PM
Grants Erica Robinson Level 2 Grants Review Completed 11/20/2018 4:45 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/27/2018 11:24 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/27/2018 11:46 AM
County Attorney's Office Emily Pepin CAO Preview Completed 11/27/2018 11:54 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/27/2018 11:54 AM
Grants Therese Stanley Additional Reviewer Completed 11/27/2018 1:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/27/2018 4:19 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/03/2018 8:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
16.D.11
Packet Pg. 2034
Memorandum of Understanding
2019 Grant Funds for the 4H Youth Development Program
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between the Collier County 4H
Association. ("ASSOCIATION"), A Florida Not for Profit Organization, and the Collier County Board of
County Commissioners, a political subdivision of the State of Florida, to support the 4H Youth
Development Program of Collier County UF/IF AS Extension.
WHEREAS, the Collier County 4H Association agrees to provide grant funds to support the 4H Youth
Development Program of Collier County UF/IFAS Extension in the amount of$79,880.00 for the calendar
year of January 1, 2019 through December 31, 2019 to the extent funds are available; and,
WHEREAS, the Collier County 4H Association agrees to provide outreach services and staff in support of
the 4H Youth Development Program; and,
WHEREAS, funds will be invoiced by Collier County and distributed quarterly by the Association based
on 2019 budgeted programs in January, April, July and October and with a minimum distribution each
quarter of $10,795.00.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET
FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. This MOU shall remain in full force and effect for one year and be subject to three additional one
year renewals.
2. Either party may terminate this MOU with at least thirty (30) days written notice to the other party.
3. The Association's financial obligation is subject to availability of funds and appropriation by the
Association.
4. The funds awarded $79,880.00, shall be used by the County to assist in salary expenses of the full
and part time outreach coordinators and actual program expenditures.
5. The remaining invoices will include quarterly expenditures and will be reimbursed within 30 days
from receipt of the invoice.
6. The County will invoice the Association quarterly. The minimum distribution each quarter shall be
$10,795.00 for salaries. For example, the pt invoice and distribution will be for salary expenses,
the 2nd quarter check would be for the actual 1st quarter program expenditures and 2nd quarter salary
expenses, the 3rd quarter check would be for the actual 2nd quarter program expenditures and 3rd
quarter salary expenses, and so on. The 4th quarter actual program expenditures would be invoiced
at the end of the calendar year.
7. Program status and expenditures will be reported to the Association at the end of each quarter along
with the request for the next quarter. Adjustments/program re-allocations will be reviewed and
approved/denied at that time.
8. Either party may request changes to this MOU. Any changes, modifications, revisions or
amendments to this MOU which are mutually agreed upon by and between the parties to this MOU
shall be incorporated by written instrument, and effective when executed and signed by all parties
to this MOU.
9. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the
State of Florida.
/--....
[['\~•.\ \ -..1 .!,"".-=-'<...._t.J
·,.,........., ....
16.D.11.b
Packet Pg. 2035 Attachment: 2019 4-H mou0001 (7402 : Recognize 2019 4-H MOU)
IN WITNESS WHEREOF, the parties have executed this MOU on the ___ day of December, 2018.
ATTEST:
Witness (1) Name
Signature
Witness (2) Name
Signature
ATTEST:
Crystal Kinzel, Clerk
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
COLLIER COUNTY 4H ASSOCIATION:
By:~~~
Maryann Summeralls, Treasurer
Date: __ /_o_-~9_-_J_r _____ _
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By: -------------Andy Solis, Esq., Chairman
Date: -------------
16.D.11.b
Packet Pg. 2036 Attachment: 2019 4-H mou0001 (7402 : Recognize 2019 4-H MOU)
12/11/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign the Fourth Amendment to the Starnes Cattle
Lease Agreement to extend the term of the lease.
OBJECTIVE: To extend the term of the Starnes Cattle Lease at Caracara Prairie Preserve for an
additional six (6) months.
CONSIDERATIONS: Hugh E. Starnes and the Collier County Board of County Commissioners (Board)
have previously entered into a Cattle Lease Agreement for the Caracara Prairie Preserve (July 24, 2007;
Agenda Item #10H) and have previously amended the lease agreement (November 9, 2010; Agenda Item
#10D, July 24, 2012; Agenda Item #16E3, and May 23, 2017; Agenda Item #16D3).
The Fourth Amendment to the Starnes Cattle Lease Agreement was drafted in order to accommodate for
the removal of Mr. Starnes cattle from Caracara Prairie Preserve prior to a new Lessee placing cattle
within Caracara Prairie Preserve. Extending the term of the cattle lease, which currently ends on
December 31, 2018, will give Mr. Starnes ample time to remove his cattle from the property prior to the
new cattle operator releasing cattle onto the property. The Fourth Amendment to the Starnes Cattle Lease
Agreement extends the term of the lease until June 30, 2019 and allows County to terminate with 30 days
advance written notice.
FISCAL IMPACT: There is no Fiscal impact associated with this Item.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board action. -JAB
GROWTH MANAGEMENT IMPACT: This proposal supports Objective 7.3 of the Conservation and
Coastal Management Element of the County Growth Management Plan, which requires the County to
continue to implement programs that conserve and protect endangered and threatened wildlife species.
RECOMMENDATION: To authorizes the chairman to sign the Fourth Amendment to the Starnes Cattle
Lease Agreement.
Prepared By: Melissa Hennig, Senior Environmental Specialist, Conservation Collier Program, Parks and
Recreation Division
ATTACHMENT(S)
1. StarnesFourthAmendtoLeaseAgreement (PDF)
16.D.12
Packet Pg. 2037
12/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.12
Doc ID: 7406
Item Summary: Recommendation to authorize the Chairman to sign the Fourth Amendment to
the Starnes Cattle Lease Agreement to extend the term of the lease.
Meeting Date: 12/11/2018
Prepared by:
Title: – Public Services Department
Name: Todd Henry
11/20/2018 4:02 PM
Submitted by:
Title: Department Head - Public Services – Public Services Department
Name: Steve Carnell
11/20/2018 4:02 PM
Approved By:
Review:
Facilities Management Michael Dowling Additional Reviewer Completed 11/20/2018 5:03 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/21/2018 12:44 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 11/21/2018 3:26 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/21/2018 3:33 PM
Public Services Department Kimberley Grant Level 2 Division Administrator Review Completed 11/21/2018 4:46 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/26/2018 11:04 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/26/2018 11:09 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/26/2018 11:13 AM
County Attorney's Office Emily Pepin CAO Preview Completed 11/27/2018 11:48 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/29/2018 9:39 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/03/2018 8:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
16.D.12
Packet Pg. 2038
Lease #CC 101
FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE ACREEMENT entered into this day of_,2018
at Naples, Collier County, Florida by and between HUGH E. STARNES, whose mailing address is 3715 McGregor
Boulevard, Fort Myers, Florida 33901, hereinafter refered to as "LESSEE," and COLLIER COIINTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34172, hereinafter
referred to as "LESSOR."
WITNESSETH
WHEREAS, Hugh E. Starnes and Collier County, have previously entered into a Lease Agreement dated July 24,
2007 , a First Amendment to Lease Agteement dated November 9, 20 t 0, a Second Amendment to Lease Agreement dated
luly 24,2012, and a Third Amendment to Lease Agreement dated May 23,2017, all attached hereto as Exhibit "A"; and
WHEREAS, if all term extensions provided by the Lease Agreement, First Amendment, Second Amendment, and
Third Amendment are utilized, the term of the Lease Agreement will terminate on December 31, 2018; and
WHEREAS, Hugh E. Starnes and Collier County desire to amend the Lease Agreement to extend the term of the
Lease to June 30, 2019 and provide for a 30-day termination provision.
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement
dated July 24,2A07, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended
as follows:
Words underlined are added. Words s*rueletefor€h are deleted.
l. Article 2 of the Lease Agreement is amended as follows:
LESSEE shall have and hold the Demised Premises until Deeernberll-,40}8 June 30, 2019. LESSOR reserves
the right to terminate this Lease. with or without cause. by providing LESSEE with 3O-days written notice to the address
set forth in:\r[i_cle 14 o.[lhiS.l-e..ase,
Except as expressly provided by this Fourth Amendment to Lease Agreement the Lease Agreement between
Hugh E. Stames and Collier County, for the utilization of the Demised Premises described in said Lease Agreement dated
luly 24,2007, as amended, remains in full force and effect according to the terms and conditions contained therein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Fourth Amendment to
Lease Agreement the day and year first above written.
AS TO THE LESSEE:
I g,W14r1-0/---DATED:L7 BY:
ft"/Y ST*tlrt.,5
)
(Print Name)
r-dit-" J
urleu /. sranNrs '
16.D.12.a
Packet Pg. 2039 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
16.D.12.aPacket Pg. 2040Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
Lease#
EXHIBIT "A"
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this v/r day of - 2007, between
HUGH E. STARNES whose mailing address is 3715 McGregor Boulevard,'Fort Myers, Florida 33901,
hereinafter referred to as "LESSEE",and COLLIER COUNTY,a political subdivision of the State of Florida,
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein,and other valuable consideration,the parties
agree as follows:
ARTICLE I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Three Hundred Sixty-
seven point seven(367.7)acres of property described in Exhibit"A"which is attached hereto and made a part
of this Lease, hereinafter called the "Demised Premises", situated in the County of Collier and the State of
Florida,for the sole purpose of cattle grazing.
This LEASE AGREEMENT may be amended from time to time in order to change the size of the
Demised Premises as necessary to accomplish the goals, policies,and objectives of the Conservation Collier
Implementation Ordinance (Ordinance 02-63, as amended). LESSOR'S representative (e.g., Real Estate
Services Staff)shall advise LESSEE, in writing, of its intent to recommend that LESSOR amend this LEASE
AGREEMENT.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of three(3)years,commencing on the
date LESSOR executes this Lease. LESSEE is granted the option,provided LESSEE is not in default of any of
the terms of this Lease,to renew same for two(2)additional terms of one(1)year each,under the same terms
and conditions, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S
intention to do so to the LESSOR not less than thirty(30)days prior to the expiration of the leasehold estate
hereby created. LESSOR reserves the right to deny LESSEE,in writing,of any renewal term. Said notice shallbeeffectiveuponplacementofthenoticeinanofficialdepositoryoftheUnitedStatesPostOffice,Registered
or Certified Mail,Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three Hundred
and Sixty-eight Dollars and No Cents($368.00)per year. Said annual rent shall be paid in full upon thirty(30)days from the date in which this Lease is executed by the LESSOR. LESSEE will also be responsible for the
payment of additional rent as provided for in ARTICLE 5 of this Lease.
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2,the rent set forth in
ARTICLE 3 shall be increased utilizing the method outlined in ARTICLE 4.
LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with
thirty (30) days written notice to the address set forth in ARTICLE 14 of this Lease. Said notice shall be
effective upon placement of the notice in an official depository of the United States Post Office,Registered or
Certified Mail,Postage Prepaid.
ARTICLE 4. Renewal Term Rent
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2,the rent set forth in
ARTICLE 3 shall be increased for each ensuing one(1)year renewal term by five(5)percent from the previous
year,compounded.
ARTICLE 5. Other Expenses and Charges
LESSEE shall pay all costs associated with the maintenance of the Demised Premises and any and all
utility charges,if applicable.
16.D.12.a
Packet Pg. 2041 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes,alterations,additions or improvements to the Demised Premises,LESSEE
will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the
Demised Premises for LESSORS written approval,specifying in writing the nature and extent of the desired
alteration,improvement,change,or addition,along with the contemplated starting and completion time for such
project.LESSOR or its designee will then have sixty(60)days within which to approve or deny in writing said
request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its
consent to required or appropriate alterations, improvements,changes or additions proposed by LESSEE. If
after sixty(60)days there has been no response from LESSOR or its designee to said proposals or plans,then
such silence shall be deemed as a denial to such request to LESSEE.
LESSEE covenants and agrees in connection with any maintenance,repair work,erection,construction,
improvement,addition or alteration of any authorized modifications,additions or improvements to the Demised
Premises,to observe and comply with all then and future applicable laws, ordinances,rules, regulations,and
requirements of the United States of America,State of Florida,County of Collier,and any and all governmental
agencies.
All alterations, improvements and additions to the Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations
which were placed in,on,or upon the Demised Premises by LESSEE,and repair any damage occasioned to the
Demised Premises by such removal;and in default thereof,LESSOR may complete said removals and repairs at
LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy,suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public
authority.
ARTICLE 7. Access to Demised Premises
LESSOR,its duly authorized agents,representatives and employees,shall have the right to enter into and
upon the Demised Premises or any part thereof at any time,without notice to the LESSEE, for the purpose of
examining the same and making repairs, inspecting or curing a default or nuisance, or providing maintenance
service therein,and for the purposes of inspection for compliance with the provisions of this Lease Agreement.
If LESSOR should need to utilize the property for any length of time,for any purpose,the LESSOR shall advise
the LESSEE of its intentions by oral notice.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised
Premises,or to permit any other persons to occupy same without the written consent of LESSOR. Any such
assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for
payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms,
conditions and covenants of this Lease.The acceptance of rent from any other person shall not be deemed to be
a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of
the Demised Premises.
ARTICLE 9. Indemnity
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged,shall indemnify,defend and hold harmless LESSOR, its agents and employees from and against
any and all liability(statutory or otherwise), damages, claims, suits, demands,judgments,costs, interest and
expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property
including loss of use thereof)related to(A)LESSEE'S use of the Demised Premises,(B)any work or thing
whatsoever done,or any condition created(other than by LESSOR,its employees,agents or contractors)by or
on behalf of LESSEE in or about the Demised Premises,(C)any condition of the Demised Premises due to or
resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or(D)
any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or
invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof,
LESSEE shall pay all costs, attorneys'fees,expenses and liabilities resulting therefrom and shall defend such
action or proceeding if LESSOR shall so request,at LESSEE'S expense,by counsel reasonably satisfactory to
LESSOR.
2
16.D.12.a
Packet Pg. 2042 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
The LESSOR shall not be liable for any injury or damage to person or property caused by the elements
or by other persons in the Demised Premises,or from the street or sub-surface,or from any other place,or for
any interference caused by operations by or for a governmental authority in construction of any public or
quasi-public works.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property,occurring on the Demised Premises or any part thereof,and the LESSEE agrees to hold the LESSOR
harmless from any claims for damages,except where such damage or injury is the result of the gross negligence
or willful misconduct of the LESSOR or its employees.
ARTICLE 10.Insurance
LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier
County Risk Management Department,for not less than an amount of One Million Dollars and No/100 Cents
1,000,000.00) throughout the term or any renewals thereof to this Agreement. In addition, LESSEE shall
provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a
minimum limit of One Hundred Thousand Dollars and No/100 Cents($100,000.00)each accident.
Such insurance policy(ies)shall list Collier County as an additional insured thereon. Evidence of such
insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail,
Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease
Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o
County Risk Management Department in the event of cancellation or changes in policy(ies)coverage.LESSOR
reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE,
whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional
insurance.
ARTICLE 11.Maintenance
LESSEE,at its sole cost and expense,shall erect,if not already existing,and maintain a fence acceptable
to LESSOR around that area of the Demised Premises which shall contain any cattle. This fencing is crucial in
retaining cattle and preventing cattle from roaming off of the Demised Premises.
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in
writing. If corrective action is not taken within twenty(20)days of the receipt of such notice, LESSOR will
cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and
such costs shall constitute additional rent which shall be paid by LESSEE within ten (10)days of receipt of
written notice of costs incurred by LESSOR.
The LESSEE,at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees,agents,independent contractors,guests,invitees,licensees,and patrons.
The LESSEE,at its sole cost,shall remove from the Demised Premises in accordance with all applicable
rules, laws and regulations,all solid, liquid, semisolid,and gaseous trash and waste and refuse of any nature
whatsoever which might accumulate and arise from the operations of the LESSEE'S business.Such trash,waste
and refuse shall be stored in closed containers approved by the LESSOR.
ARTICLE 12.Default by LESSEE
Failure of LESSEE to comply for thirty(30)days with any material provision or covenant of this Lease
shall constitute a default,LESSOR may,at its option,terminate this Lease after thirty(30)days written notice
to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably
required to correct such default). However,the occurrence of any of the following events shall constitute a
default by LESSEE,and this Lease may be immediately terminated by LESSOR:
a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease.
c) Filing of insolvency,reorganization,plan or arrangement or bankruptcy.
d) Adjudication as bankrupt.
e) Making of a general assignment for the benefit of creditors.
f) If LESSEE suffers this Lease to be taken under any writ of execution.
3
16.D.12.a
Packet Pg. 2043 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
In the event of the occurrence of any of the foregoing defaults in this ARTICLE,LESSOR,in addition to
any other rights and remedies it may have,shall have the immediate right to re-enter and remove all persons and
property from the Demised Premises. Such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of LESSEE,all without service of notice or resort to legal process
and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned
thereby.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty(30)days notice in
writing if a lien is filed against the property or the leasehold interest of the LESSEE,and not removed within
thirty(30)days by LESSEE,pursuant to the Florida Mechanics Lien Law.
If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as specified in
this Lease,and if said amounts remain unpaid for more than ten(10)days past the due date,the LESSEE shall
pay LESSOR a late payment charge equal to five(5) percent of any payment not paid promptly when due. Any
amounts not paid promptly when due shall also accrue compounded interest of two(2)percent per month or the
highest interest rate then allowed by Florida law,whichever is higher,which interest shall be paid by LESSEE
to LESSOR.
ARTICLE 13. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder
unless and until LESSOR shall have failed to perform such obligations within thirty(30)days(or at LESSOR'S
sole discretion,such additional time as is reasonably required to correct such default)after notice to LESSOR
by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14.Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to
the other party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners Mr.Hugh E.Starnes
c/o Real Property Mgmt.Dept. 3715 McGregor Boulevard
3301 Tamiami Trail East Fort Myers,Florida 33901
Administration Building
Naples,Florida 34112
cc: Office of the County Attorney,3301 Tamiami Trail East,Naples,Administration Building,Naples,Florida
34112
Conservation Collier Coordinator,3301 Tamiami Trail East,Naples,Collier County Facilities Management
Dept.,Naples,Florida 34112
ARTICLE 15.Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and
shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not
removed upon expiration of this Lease,or its earlier termination as herein provided,in as good condition and
repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or
LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond
LESSEE'S control excepted.
ARTICLE 16.General Provisions
LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming off of the
Demised Premises.
LESSEE shall be allowed to maintain no more than one hundred (100) head of cattle at the Demised
Premises.
LESSEE shall have the right to camp overnight on the Demised Premises,at LESSEE'S own risk,and
shall be required to obtain any necessary permits,if required,for this use.
LESSEE declares that he is licensed to operate a 22 caliber rifle and LESSEE acknowledges use of that
rifle only when deemed necessary as to destroy sick cattle.
LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE
or his invitees upon the Demised Premises.
4
16.D.12.a
Packet Pg. 2044 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other
business or agency situated in Collier County, and acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE
and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns,to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations where other operations share common facilities.
a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable
under law.
c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation,by
this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold
interest in the Demised Premises.
d) LESSEE shall not perform any environmental property management issues, such as, but not limited to,
burning or removal of vegetation,unless prior approval is granted by LESSOR.
e) LESSEE acknowledges that LESSOR may allow limited seasonal hunting under the supervision of the
Florida Wildlife and Conservation Commission upon the Demised Premises.
t) LESSOR may engage a Range Conservationist to develop a long-range management plan for the Demised
Premises. LESSEE acknowledges that he will cooperate with LESSOR and any plans that may develop
for the Demised Premises as a result of future planning. LESSEE also acknowledges that LESSOR may
elect to fence the evaluated range for mitigation purposes.
ARTICLE 17.Environmental Concerns
LESSEE represents, warrants and agrees to indemnify,reimburse,defend and hold harmless LESSOR,
from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR
directly or indirectly pursuant to or in connection with the application of any federal, state, local or common
law relating to pollution or protection of the environment.
ARTICLE 18.Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of the
LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and
liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien
on the interest of the LESSOR in the Demised Premises or any part of either.This notice is given pursuant to
the provisions of and in compliance with Section 713.10,Florida Statutes.
ARTICLE 19.Waiver
No failure of LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver.
ARTICLE 20.Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21.Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
s
16.D.12.a
Packet Pg. 2045 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
1N WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR: /
DATED; /-4.4/- `J 7
ATT i/'';-•'' '• ,:IG BOARD OF COUNTY COMMISSIINERS
D ''d1 BROCK;
Aelik._t
COLLIER COUN ,ORIDA /
o1. I.-Id' Vti BY:
j .l'ept Clerk JAMES ""!' Atte 4,,;t _• fiattlean I,
AS TO LESSEE:
DATED: diLf/0-7 LL,
BY:Al.( " Mfre`"14^11'----
J . , . .. 1 .1.- 1 i1
1"I'NESS(signature)ill HUGH ARNES
print name)
d i i //, ...•
Wfl'AIE.',((signature)
Cerra 60101 b'1 ia.V 11
print na e) J
Approved as to form and legal sufficiency:
C acJen)-0,-B)-----Ske
er A.Belpedio, sistant County Attorney
6
16.D.12.a
Packet Pg. 2046 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER
NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA.
EXCEPT SELLERS RESERVE ANY OIL, GAS, AND MINERAL,
RIGHTS OWNED BY THEM AS SET FORTH IN ANY
PREVIOUSLY RECORDED DEED.
16.D.12.a
Packet Pg. 2047 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
1 0 D
Lease ICC 101
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this7- day ofAlmakjkar, 2010 at Naples, Collier County, Florida by and between HUGH E. STARNES, whose
mailing address is 3713 McGregor Boulevard, Fort Myers, Florida 33901, hereinafter referred to asLESSEE." and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailingaddressis3301EonTamiamiTrail.Naples.Florida 34112,hereinafter referred to as"LESSOR
W1TNIESSETH
WHEREAS, Hugh E. Starnes arid Collier Coimty, have previously entered into a Lease
Agreement dated July 24,2007;and
WHEREAS.the LESSOR and LESSEE are desirous of amending the Lease Agreement.and
WHEREAS,if all term extensions provided by the Lease Agreement are utilized,the term of the
Lease Agreement will terminate on July 24,2012;and
WHEREAS, Hugh E. Starnes and Collier County desire to extend the term of the Lease to
December 31,2014 with possible extensions to be negotiated in the foam
NOW THEREFORE. in conaideratial of the covenants and agreements provided within said
Lease Agreement dated July 24,2007. and Ten Dollars(510,00)mid other rahrible considermion,said
Lease Agreement is hereby amended as follows:
Words underlined arc added Words orkialt-diroogh are deleted.
I Article 2 of the Lease Agreement is amended as follows:
LESSEE shall have and hold the Demised Premises until December 31.20J', fee-a-mern-e4-three
ew-Cenifieil
Maii7-14.siatte-Prepald--
2. Article 3 of!ne Lease Agreement is amended as follows:
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three
hundred and Sixty-eight Dollars and No Cents(S3611.00)per yeas Said annual rent shall be paid to hill
upon the thirty(30)days from the date in which this Lease is executed by LESSOR. LESSEE will also
be responsible for the payment of additional rent eggs as provided for in ARTICLE 5 of this Lease
L 1*. •i• L,11 • [I.ss'I• ' iv cost and comae,as shown on jheExhiurmar30Isitz, jaji eerwill in the.Iyof
0 L.11 .; No Cen i, a -
Article 0 of the Lease Agreancnl is amended as follows:
Prior to making any changes.alteratiom, additions or improvrments, cl irr. •1• Lc t
made under the tiithaal Resources conservolion Sonrice rami BilL flosata„Jo the Demised Premises,
LESSEE will provide to LESSOR all proposals and plaits for alterations, improvements. changes or
additions to the Demised Premises for LESSORS written approval,specifying in writing the nature and
extern of the desired alteration, improvement change,or addition.along with the contemplated starting
and compktion time for such project. LESSOR or its designee will then hare sixty (60)days within
which to approve or deny in writing said request for changa, immurement", aherations or additions
16.D.12.a
Packet Pg. 2048 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
1 0 D
LESSOR shalt not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR or its dnignee to said proposals or plans,then such silence shall be deemed as a
denial to such request to LESSEE
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
oonstructton, imProvemcnt, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises,to observe and comply with all then and future applicable laws,
ordi:rancr, rules, regulations, and requirements of the United Strop of America, State of Florida,
County of Collier,and any and all governmental agencies.
All alterations. improvements and additions to said Demised Premises shell at once,when made or
installed, he deemed as attached to the freehold and to have become property of LESSOR, Prior to the
termination of this Lease or any renewal term thereof,or within thirty(30)days thereafter,if LESSOR so
directs, LESSEE shalt promptly remove the additions, improvements, a teratiarts, fixtures and
instill trons which were placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned to the Demised Premises by such removal. and in default thereof, LESSOR may
complete laid removals and repairs at LESSEES expense.
LESSEE covenants and agiecs not to use,occupy,suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rotes or regulations of any
public authority.
6. Article IS of the Lease Agreement is amended as follows:
LESSEE shall remove any improvements completed by LESSEE, as specified in Acuate 6 of this
Lgigs.Prior to the espiralion of this Lease and shall deliver up and surrender to LESSOR possession of
the Demised Premises and any impra'.ements not removed upon expiration of this Lease. or its earlier
termination as herein provided, in as good condition and repair as the same shall be of the
commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the
continuance thereof, ordinary Near and tear and damage by fire or the elements beyond LESSEE'S
control excepted.
Except as expressly provided herein, the Lca9t Agreement between Hugh E. Starnes and
Collier County, for the utilization of the Demised Premises descnbed in said 1.CAW Agreement dated
July 24, 2007, remains in full force and efTect according to the terms and conditions contained therein,
and said terms and conditions arc applicable hereto except as expressly provided otherwise herein
IN WITNESS WHEREOF, Ow LESSOR and LESSEE have hereto eAccuted this First
Amendmert to Lease Agreement the Jay and year first above written
AS TO THE LESSEE.
DATED: /6/15.0_ BY: LfL¢--r
7 4OF
HUGH E. ST RNES
i t ,
OrWitnessISi;
E: i' ,, a
t,rent Name)
Witness(Signature)
j ct-. c 1%1 E.A-
Print acne)
AS 10 THE LESSOR
2
16.D.12.a
Packet Pg. 2049 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
100
Nina If 0
MIA ki)01 41-1 3L-Nr c.1,1M,NIMIONENAATMINT ' ',.44/
COLt ttR COUNIT1, 1(Iiit IDA
avoncott ft 'mock:.A .At
z ....... , ,...., ......_ ....
6 FIE V 11, -• i a ..., Flub tit ODYLIE, -airratampiggligit
i lintel .$
toortryal as t9 rorve 3noil frgiti t u inci erg?
iensi,fin '',L,ft.x. canrstini Cow*, ---11,txrro-
rihibA,'‘
Carellitit Nil*humane Peuitioe Mho
1
I
411 1"-----il
1
I
4
I 1
I
1
49141ft.
t II 4 to k.eme .....—;_—_
iU11144
SOC..-41,
1-"°...
P inge•linklir itapj4 “,'" r 4 4
II
4-4 ' 113.. Eldp
it 115jr
i L
t4 # le.
a--
16.D.12.a
Packet Pg. 2050 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
16E3
Lease#CC 101
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this 2 I- day of 2012
15atNaples, Collier County, Florida by and between HUGH E. STARNES, whose mailing address is cGregor
Boulevard, Fort Myers, Florida 33901, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East,Naples,Florida 34112, hereinafter
referred to as"LESSOR."
WITNES SETH
WHEREAS,Hugh E. Starnes and Collier County,have previously entered into a Lease Agreement dated July 24,
2007 and a First Amendment to Lease Agreement dated November 9,2010;and
WHEREAS,the LESSOR and LESSEE are desirous of amending the Lease Agreement;and
WHEREAS, if all term extensions provided by the Lease Agreement and First Amendment are utilized,the term
of the Lease Agreement will terminate on December 31,2014;and
WHEREAS,Hugh E. Starnes and Collier County desire to extend the term of the Lease to December 31,2017,
with possible extensions to be negotiated in the future.
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement
dated July 24,2007, and Ten Dollars($10.00)and other valuable consideration, said Lease Agreement is hereby amended
as follows:
Words underlined are added. Words strap-through are deleted.
1. Article 2 of the Lease Agreement is amended as follows:
LESSEE shall have and hold the Demised Premises until December 31,2017 2814.
16.D.12.a
Packet Pg. 2051 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
16E3
Except as expressly provided in the First Amendment to Lease Agreement dated November 9, 2010, and
herein, the Lease Agreement between Hugh E. Starnes and Collier County, for the utilization of the Demised Premises
described in said Lease Agreement dated July 24, 2007, remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise
herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second Amendment to
Lease Agreement the day and year first above written.
AS TO THE LESSEE:
DATED: 7/ /7—BY: icl 0---.------
AP HUGH E. STARVES
ie ess(Signature)
i cc A
Pnnt Name)
V iii 0
Witness(Signature)
i7.10eS.S 5O14./e.rS
Print Name)
AS TO THE,LESSOR:
BOARD OF COUNTY COMMISSIONERS,
TEST COLLIER COUNTY,FLORIDA
DWIGHT= . BaOCI ,Clerk
6-fi 11-440— CI',
P.VI- )11/N CO6rth41rmo O. FRED W. COYLE,Chai
Approved as to form and legal sufficiency:
w
op
TEF elffikiffrAssistant County Attorney
2
16.D.12.a
Packet Pg. 2052 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
Lease#CC 101
THIRD AMENDMENT TO LEASE AGREEMENT
ro
THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this 27,3 day of 2017
at Naples, Collier County, Florida by and between HUGH E. STARNES, whose mailing address is 3715 cGregor
Boulevard, Fort Myers, Florida 33901, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political
subdivision of the State of Florida,whose mailing address is 3299 Tamiami Trail East,Naples,Florida 34112,hereinafter
referred to as"LESSOR."
WITNESSETH
WHEREAS,Hugh E.Starnes and Collier County,have previously entered into a Lease Agreement dated July 24,
2007, a First Amendment to Lease Agreement dated November 9, 2010, and a Second Amendment to Lease Agreement
dated July 24,2012,all attached hereto as Exhibit"A";and
WHEREAS, if all term extensions provided by the Lease Agreement,First Amendment,and Second Amendment
are utilized,the term of the Lease Agreement will terminate on December 31,2017;and
WHEREAS,Hugh E. Starnes and Collier County desire to amend the Lease Agreement to extend the term of the
Lease to December 31,2018,with possible extensions to be negotiated in the future.
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement
dated July 24,2007,and Ten Dollars($10.00)and other valuable consideration,said Lease Agreement is hereby amended
as follows:
Words underlined are added. Words 4r-ttelE4hreugh are deleted.
1. Article 2 of the Lease Agreement is amended as follows:
LESSEE shall have and hold the Demised Premises until December 31,2018 281-7.
Except as expressly provided by this Third Amendment to Lease Agreement the Lease Agreement between
Hugh E. Starnes and Collier County,for the utilization of the Demised Premises described in said Lease Agreement dated
July 24,2007,remains in full force and effect according to the terms and conditions contained therein.
IN WITNESS WHEREOF,the LESSOR and LESSEE have hereto executed this Third Amendment to Lease
Agreement the day and year first above written.
AS TO THE LESSEE:
DA, D:BY:
L.
HUGi6ZRNES
fitness(Si! atu'-)
est
Print Nam-)
WI ne,„s' ature)
n t GZta(e -
Print Name)
67-)
16.D.12.a
Packet Pg. 2053 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)
AS TO THE LESSOR:
DATED:G fl
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIE' *' Y, FLORIDA
DWIGHT E. BROCK;•Clerk
BY: : _ E •ls; rO.0 - BY:
Depaty Clerk .11- PENNY TA ' •R, Chair
Attest:as.,fo airman's
signature only.
Approved as to form and legality:
Jenm er A.Belpedio
Assistant County Attor ey n
IVr
2 CIO)
16.D.12.a
Packet Pg. 2054 Attachment: StarnesFourthAmendtoLeaseAgreement (7406 : Amendment to Caracara Prairie Preserve Cattle Lease)