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Agenda 09/23/2008 Item #16E 2Item # 16E2 September 23, 2008 Page 1 of 25 EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the Starnes property under the Conservation Collier Land Acquisition Program OBJECTIVE: To obtain approval of the attached Interim Management Plan for the Starnes property and direction to the County Manager, or his designee, for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002 -63, Section 14(1), as amended, requires that, no later than ninety (90) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee ( CCLAAC) for approval. Upon approval, the Plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within two (2) years. The Starnes property was acquired on December 17, 2007. The Interim Management Plan was drafted and presented for approval to the Lands Evaluation and Management Subcommittee on March 26, 2008, within the required time frame. On June 9, 2008 with the subcommittee's recommendation for approval, staff submitted the Interim Management Plan for the Starnes property to the full CCLAAC. The CCLAAC unanimously recommended approval with revisions. FISCAL IMPACT: The costs of land management activities for the first year have been estimated to be $47,500. The recurring annual costs are estimated to be $37,000. Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. In the future, staff will also seek funding to assist in additional management costs from County departments utilizing Panther Habitat Units recovered from the Starnes property. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002 -63), as amended, in Section 14, provides a legal framework for development of management plans and for use of environmentally sensitive lands. Recommendation of the Interim Management Plan for the Starnes parcel by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. The Interim Management Plan is legally sufficient for Board action. - JAB RECOMMENDATION: That the Board of County Commissioners approves the attached Interim Management Plan and direct the County Manager, or his designee, to implement it for the Starnes parcel. PREPARED BY: Melissa Hennig, Principal Environmental Specialist, Conservation Collier Program, Department of Facilities Management Item # 16E2 September 23, 2008 Page 2 of 25 Recommendation to approve an Interim Management Plan for the Starnes property under the Conservation Collier Land Acquisition Program. Prepared By: Department Facilities Date 9/8/2008 12:20:10 PM Approved By: Department Approval Office of Management Approved and Budget Approved By: Department Approval County Approved Manager's Office ATTACHMENTS: Name: ❑ ExecSummBCC- StarneslMP,doc ❑ Starnes Property Draft Interim Management Plan- CCLAAC 6- 9- 08.doc Description: Executive Summary Starnes Interim Management Plan Date 9/14/2008 11:19 AM Date 9/14/2008 2:26 PM Type: Executive Summary Backup Material Item # 16E2 September 23, 2008 Page 3 of 25 Conservation Collier: Starnes Property Interim Management Plan Prepared By: Collier County Conservation Collier Program 3301 Tamiami Trail Bldg W Naples, FL 34112 September 2008 Item # 16E2 September 23, 2008 September 2008 Conservation CollierPage 4 of 25 Starnes Interim Management Plan Table of Contents 1.0 Purpose and Scope of the Interim Management Plan .......................... ............................... 3 2.0 Management Authority and Responsibilities ........................................ ............................... 4 3.0 Interim Site Plan ...................................................................................... ............................... 4 3.1 Location and Site Description ............................................................ ............................... 4 3.2 Signage .................................................................................................. ..............................4 3.3 Easements, Concessions or Leases ..................................................... ............................... 4 3.4 Structures .............................................................................................. ..............................4 3.5 Surrounding and Adjacent Land Uses .............................................. ............................... 4 4.0 Interim Management Objectives ............................................................ ............................... 5 4.1 Natural Resource Protection .............................................................. ............................... 5 4.2 Site Security .......................................................................................... ............................... 6 4.3 Exotic Vegetation Removal and Maintenance Plan .......................... ............................... 6 4.4 Debris Removal .................................................................................... ............................... 6 4.5 Cultural, Historical and Archeological Resource Protection .......... ............................... 6 4.6 Listed Species Protection .................................................................... ............................... 7 4.7 Public Access ........................................................................................ ..............................7 4.8 Partnerships, Site Monitoring and Long Term Management Plan .............................. 7 5.0 Exhibits .......... ............................... 8 EXHIBIT1: Location Map ..................................................................... ............................... 8 EXHIBIT2: Aerial Map .......................................................................... ............................... 9 EXHIBIT 3: Rural Lands Stewardship Areas ....................................... ............................... 10 EXHIBIT 4: Estimated Cost Table ....................................................... ............................... 11 EXHIBIT 5: Cattle Lease on Starnes Property ..................................... ............................... 12 EXHIBIT 6: Oil, Gas, and Mineral Lease on Starnes Property ............ ............................... 18 EXHIBIT 7: Map of CREW Wildlife and Environmental Area ........... ............................... 22 EXHIBIT 8: Estimated Implementation Time Line ............................. ............................... 23 September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 5 of 25 Starnes Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan On December 17, 2007, Collier County and the Corkscrew Regional Ecosystem Watershed (CREW) Land & Water Trust acquired 2 parcels of land totaling 367.7 acres and collectively known as the Starnes property (Folios: 00053080006 and 00053080200). This property borders South Florida Water Management District (District) lands known as CREW lands. The Conservation Collier Program spent $5,032,000 and the CREW Land & Water Trust spent $300,000 towards the purchase of the property. Collier County and CREW Land & Water Trust share title to the Starnes property. The property will be managed for conservation, protection, and enhancement of natural resources and for passive and compatible public outdoor recreation. This Interim Management Plan is intended to identify the key management priorities and issues within the site and give direction for management for the next two years. This document is meant to be the precursor to a Final Management Plan, which will outline more specific aspects of site management. Key Interim Management Obiectives 1. Protect, manage and restore (as appropriate) the native habitat on site 2. Take appropriate steps to open the site for public access 3. Define partnerships with the District and the Florida Fish and Wildlife Conservation Commission ( FFWCC) -- 4. Define partnership with Collier County Transportation Department for mitigation activities on Starnes property 5. Meet with community members who have an interest in this property and obtain feedback for Final Management Plan 6. Obtain a Range Study to determine most appropriate usage of the site by cattle lessor, Judge Starnes Action Plan 1 a. Install temporary conservation land signs and/or no dumping/ no trespassing signs along property boundaries I b. Explore grant opportunities for invasive, exotic plant removal 1 c. Complete initial removal of invasive, exotic vegetation 2a. Determine location of hiking and/or equestrian trails 2b. Determine location of future boardwalk / trail system 2c. Evaluate need for a picnic table, benches, garbage receptacles and interpretive signage along trail 2d. Explore grant opportunities for installation of a trail system 3a. Create an agreement with FFWCC for hunting activities on the property 3b. Create a management agreement with the District on the management of the property 4a. Develop a mitigation restoration strategy for the Starnes property 4b. Develop an Inter- Departmental Agreement with the Collier County Transportation Department that clearly defines mitigation responsibilities 5. Develop Final Management Plan and hold Public Meeting(s) 6. Contact National Resource Conservation Service satellite office in Labelle, FL to discuss best way to obtain a Range Study 3 September 2008 2.0 Management Authority and Responsibilities Item # 16E2 September 23, 2005 Conservation Collierpage 6 of 25 Starnes Interim Management Plan Currently, the Collier County Conservation Collier Program is responsible for managing the Starnes property, and may seek to obtain grants to assist in funding management activities. Additionally, Conservation Collier staff is working to develop an agreement with the District for the future management of the Starnes property. 3.0 Interim Site Plan 3.1 Location and Site Description The 367.7 -acre Starnes property is located at 2320 Corkscrew Rd. in Immokalce, Florida. The northwest corner of the property is approximately 13.5 miles east of Interstate 75 on Corkscrew Rd. The property is located in Section 30, Township 46, Range 28. The bulk of this property is not within an established Target Protection Area, but is designated as "open space" in the Rural Lands Stewardship Area (RLSA). A small portion, approximately 50 acres, is within the RLSA Habitat and Flow way Stewardship Areas, which are established Target Protection Areas. The property is composed of Upland- Hardwood Forest, Wetland - Freshwater Marsh, Wetland -Wet Prairie, and Rangelands/ Fallow Agriculture. 3.2 Signage Temporary signs identifying the property as a Conservation Collier/ CREW Land & Water Trust Preserve will be posted at the northwest corner of the property (where Corkscrew Rd. veers north). Temporary, No Trespassing / No Dumping signs may also be posted along the western boundary if needed. 3.3 Easements, Concessions or Leases A Cattle Lease held by Hugh E. Starnes exists on the entire property. As such, the Lessee is responsible for the maintenance of structures and activities associated with cattle on the property (Exhibit 5). Lessee has also agreed, as a condition of the cattle lease (article 16(f) to cooperate with the County in long range planning that results, in part, from an evaluation by a range conservationist (Exhibit 5). An Oil, Gas, and Mineral Lease also exist on the entire property (Exhibit 6). Mack Oil Company currently has plans to install a limerock oil pad and drill a test well within the property. A permit application for the well is currently under review by FDEP. Next, staff researched whether the term. The County Attorney's office has received waivers of interest from a majority of the known oil, gas and mineral rights holders on the Starnes parcels stating that any potential rights to mine for limestone and other surface minerals are formally waived. 3.4 Structures Fencing and cattle feeders are present on the property. The Lessee is responsible for the maintenance of these structures. 3.5 Surrounding and Adjacent Land Uses The Starnes property is bordered by CREW lands to the north, east and south. These lands are designated as conservation areas and were acquired by the District with funds from the Save our Rivers Program. These lands arc mandated to be managed in an environmentally 4 September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 7 of 25 Starnes Interim Management Plan acceptable manner and restored to their natural state. The District may make certain capital improvements, i.e. fencing, access roads /trails, and provide basic public facilities on their lands. In addition, habitat management such as control of exotic species and prescribed burning may be conducted. The legislation (373.59 F.S.) also requires the District to develop appropriate public use. The Starnes property is bordered by active agriculture to the west. These lands are within the Lee County boundary. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existing Native Vegetation Observed by Conservation Collier Staff: Pasture Areas: Ground Cover: Native grasses and forbs mixed in with exotic Bahia grass (dominant species) planted in the early 1990s for forage. Midstorv: Scattered cabbage palm (Saba! palmetto) and wax myrtle (Myrica cerifera) Canopy: none Wetland Marshes and Prairie: Ground Cover: pickerelweed (Pontederia cordata), alligator flag (Thalia geniculata), Midstorv: none Canopy: none Upland- Hardwood Forest: Ground Cover: not directly observed Midstorv: palmetto (Serenoa repens), myrsine ( Myrsine floridana) —edges observed Canopy: slash pine (Pinus elliottii), live oak (Quercus virginiana), laurel oak (Quercus laurifolia), cabbage palm, red maple (Ater rubrurn) Unique Natural Features: The CREW is a 60,000 -acre watershed spanning Lee and Collier Counties. CREW's 5,000 acre marsh is the headwater for the entire watershed and is located north of the Starnes property. Conservation lands within the watershed surround the Starnes property to the north, east and south. Listed Plant Species No listed plant species have been directly observed by staff. Listed Wildlife Species: Listed wildlife species include those found on the Endangered and Threatened Wildlife and Plants 50 CFR 17.11 and 17.12, December 1999 (FWS) or the Florida Fish and Wildlife Conservation Commission (FFWCC) Florida's Endangered Species, Threatened Species, and Species of Special Concern, 29 January, 2004. 5 September 2008 The followinu listed species were observed: Item # 16E2 September 23, 2008 Conservation Collierpage 8 of 25 Starnes Interim Management Plan COMMON NAME SCIENTIFIC NAME STATUS FFWCC USFWS Florida sandhill crane Grus canadensis pralensis T Limn kin Aramus uarana SSC Snowy egret E>rcttathula SSC American Alligator Alligator mississi iensis SSC i = tnreatenen; SSC= Species of Special Concern The observed habitat and location would support the presence of the following listed species: Florida Panther (Fells concolor coryii), Florida black bear (Ursus americanus Jloridanus), and numerous freshwater wetland dependent listed bird species including woodstork (Mycteria americana) and crested caracara (Caracara cheriway). The parcels are located within FFWCC Priority 1 Habitat for Florida Panther, are located within wood stork foraging area, and are included in lands considered to be strategic habitat areas for Florida black bear and listed wading bird species. 4.2 Site Security The property is completely enclosed by barbed wire fencing and one gate owned by the District. A lock secures the District's Gate 6 which is located on the northwest comer of the property. Future site security for public access shall be determined through an agreement with the District. 4.3 Exotic Vegetation Removal and Maintenance Plan Conservation Collier staff will contract out initial exotic vegetation removal and maintenance using Conservation Collier management funds. Invasive, exotic plants present primarily include Brazilian pepper (Schinus terebinthifolius). This species is mostly confined to linear rows on non- hydric soils. As such, it will be mechanically removed and retreatment will occur if necessary. 4.4 Debris Removal There was no significant debris found on the property. if deemed necessary, "No Dumping" signs may need to be installed to deter further dumping. 4.5 Cultural, Historical and Archeological Resource Protection The Starnes property is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present on the property. The County will notify the Division of Historical Resources immediately if evidence is found to suggest that any archaeological or historic resources exist on site. If such resources are identified on- site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). 6 September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 9 of 25 Starnes Interim Management Plan 4.6 Listed Species Protection Conservation Collier staff will evaluate needs for protection of listed species observed on the property. Additionally, staff will coordinate with the District and FFWCC on management of habitat for species possessing large home ranges (e.g., Florida panther, Florida Black Bear). Protection of these species may include prescribed fires, restoration of native plant communities, and restoration of the hydrology on parts of the property. 4.7 Public Access No date can be given for open public access to the site at this time. After initial exotic removal, the public may potentially be able to access the property via the District's Gate 6. Cooperative agreements will need to be made with the District and FFWCC before the public can access the site for hunting purposes. Until standards can be specifically designed for conservation lands, public access for Conservation Collier properties will be managed by the same standards as set forth within Collier County Ordinance # 76 -48, as amended, which regulates the use of County parks. 4.8 Partnerships, Site Monitoring and Long Term Management Plan Conservation Collier staff will seek to enter into an agreement with the District in which the District would assist Collier County with reoccurring management activities in return for a pre- determined fee. Activities such as prescribed burning, exotic plant control, infrastructure maintenance, wildlife management, and law enforcement would be included in the agreement, while capital projects such as initial exotic treatment, fence installation, and large scale environmental restoration would be funded separately by Collier County. Funds are available within the Conservation Collier Program to reimburse the District for their assistance with reoccurring management activities - either in a lump sum amount or on an annual basis as defined by the management agreement. A draft of the District's five year (2006 — 2011) General Management Plan may be found at the following website link: https: / /my.sfwtnd.QOV /pls /portal /dots /PAGE /PG GRP SFWMD LANDRFSOURCES/PO RTLET MGMTPLANS /CREW GMP DRAFT.PDF Conservation Collier staff will seek to enter into an agreement with FFWCC to include the Starnes property within the boundaries of the CREW Wildlife and Environmental Area. This will enable FFWCC to conduct enforcement activities on the property (Exhibit 7). Monitoring of the site will ultimately be the responsibility of Conservation Collier, but staff will seek assistance from the District as it has on -site staff committed to monitoring the surrounding CREW lands. Long term management of the property will include the restoration of the site's native plant communities and hydrology. Invasive, exotic species will be closely monitored and removed as they are detected. Public access on the property will be determined via agreements with the District and the FFWCC. Additionally, a public meeting will be held prior to adopting the Final Management plan for the property. 7 September 2008 5.0 Exhibits EXHIBIT 1: Location Map Item # 16E2 September 23, 2008 Conservation Collierpage 10 of 25 Starnes Interim Management Plan Conservation Collier Starnes Properties Location Map w 0 e I TRAFFORD OAKS RD FI + .2. s..w::n. mob n...a.a w. «:ncdmr c..ua. noymvr q,rnumr con....:n..r inr�m.c�.w uaenei wr.n� w.airr ciwr.e [e CLfO EmwmnemaiSmi v G" o - cdcanaror� cnaoncsawm cr- msumac nua i�.i }y Pnrx. 51L6 CS 0 0,375 0.75 8 Legend Conservation Land ® Starnes Properties Folio Numbers 00053080006 8, 00053080200 1.5 Miles J Co1"Dr County September 2008 EAMD1It Z: ACUIai Item # 16E2 September 23, 2008 Conservation Collierpage 11 of 25 Starnes Interim Management Plan Conservation Collier Starnes Properties Aerial Map n J1 i G +e ,.::qM FerwleB P.nir,..rrG11«C..un/Prptl + ry +s•I.e .r i1.+' Ldraorxulur lnnQbNMdo tblmal Nbaa Im`eolbry Crtla1M bl: r.LR' ^u � fmtlallrtmlO Smlfes Legend Conservation Land Starnes Properties Folio Numbers: 00053080008 & 00053080200 � Cnuw�elWn Ln4wrIC5H `tl�CWln�°..Unms:raunnll nbJaN G9 ave. S1 as cs 0 300 800 1,200 Feet i 1 Car Counht 6 September 2008 Item # 16E2 September 23, 2008 Conservation CollierPage 12 of 25 Starnes Interim Management Plan EXHIBIT 3: Rural Lands Stewardship Areas Conservation Collier: Rural Lands Stewardship Areas on the Starnes Property i}aa So.. FQr 15 enn W0 5 r' WK- T' �_ .•.—••• • •—��•• �� • • —�••—• CWier County NOPN yAppraiser Flowwa crdba ay�Gis cm :�na,cm��r n. ra,;m y C:tCOnserraeon CW Ignmgpyy;caulred 0!o W n�e� slaR�cisrnvera.'ilp Wc.,.nwi and.,p3 .` SlM Foot FIOWway Buffer 10 September 2008 EXHIBIT 4: Estimated Cost Table Item # 16E2 September 23, 2008 Conservation CollierPage 13 of 25 Starnes Interim Management Plan Exotics Control $28,400 $19,000 Remove within east annually pasture Treat in place the remainder Mowing $1$,,06tt > Initial xe reak �. '.'.r �" 01; �' ;�,I G ,;' �, ,; ; , Boardwalk f Trails t t 'j `I , *4, d ..• t .i�.,.,. W& seek gram dmg= - . i, Signs $100 n/a Conservation Land Trash Rernoval ` $0 ' '! , t b'.d t.b.d. Total $47,500 $37,000+ 11 September 2008 Item # 16E2 September 23, 2008 Conservation Collier-Page 14 of 25 Starnes Interim Management Plan EXHIBIT 5: Cattle Lease on Starnes Property Y`/ � [ Twos LrASE AGREEMENT emend into this o:2 dry of �— w....�.;�� 7007, hvtwcen HUGH E. STARNES %bode mailing address is 3715 McOregor Boulcvard,'Fon Mycrs, Florida 33401, hereinafter refemed to as "LESSEE ", and COLLIER COUNTY, a "Local xubditirion of the Stott of Florida, whose mailing nddress is 3301 East Temiami Tmil. Naples, Florida 3411'_, hoeinuRcr rnfcrtcd to as 'L FS£Olt". W ITNESS L T H In consideration of the temporal cotenants cantaincd herein, and other valtablt consideration, the patties ast c as follows: ARTICLE I• (Zcmix*d Premjpyg LESSOR hereby leases to LESSEE and LESSEE hereby kmzs li'tnn LESSOR Tlucc Hundred Ssxly seven point seven (367.7) acres of property described in Exhibit "A" which is mtachtd hereto and made apart of this Lcase. hcrennafter Called the "Demised Prtmisci% situated in the County of Collier and the State of Florida, for doe suit purpose of cattle gmncing. 'Ihis LEASE AGREEMENT may be amendel Imam time to time in order to clunge the size of Chic Donised Premises as necessary- to accomphsb the gouts, policies, and okie tivu of the Con «r mien Cullicr ImPlmnovoilian Ordimmce (Ordinance 02 -63, as amended). LESSOR'S mpre,enatise (ca, Real Estntc Services Safi) shall advise LESSEE, um writing, of its intent to recommend that I.1 -SSOR .mend this [,LASE AGREEMENT. ARTICLE 2. ]ern of Lcase LESSEE shall has'e and hold the Demised howitics for n term of three (3) years, commencing ant the date LESSOR executes this Lcase LESSEE is granted the opWou, provided LLSSBF is not in default of any of the term! of this Lease, to resew sumo for two (2) ndditionul Perm, of one (1) year each, under the .ern. terms and condniort,, ex<vpt ae to the renal amcwnt as provided herein, by giving wntten notice of LESSWS intention to du so to the LESSOR not less than Ihinv (30) days prior to the expiration of the Ieawhuld estate herebv created LESSOR reserves the tigld to deny LLSSI56, In writing, of an)' ren,,rd term. Said wan ice sh.I1 be cl&T tid•c upon placement of the notice in an official depnsdnry Of the United States Post Office, Regincred or Certified Mail, postage Prcpmd. ARTICLE 3. LESSLE hereby covcrunis and agrees to pay as rent for the Dcmiwd limntises the stun of7Lree Hundred and Sixry -eight E)ibsrs and No Cents 1d368.00) per year Said annual rent shall he paid in full upon thirty (30) days from ire date in which this Lease is txectued by the LESSf1R. LESSEE will also be responsible for the paynnnl of addmlgrral rent as provided for in ARTICLE 5 of this 1-case, In the event LESSLE elects to renew Ibis Leasc, an pro Odcd for in ARTICLE 2, the rent Set forth in ARTICLE 3 shall be meev..ed utilising the method outlined in AK rICLE 4. LESSOR reserves the right to wrmmale this Lease, wtth or without cause, by providing LESSLE ids thity (30) dap written notice to tic address so fmh in .ARTICLI'. IS of this I. ease sold NA',a, shall be effcelise upon placement of the notice in an official depository of the United Slates Ihrst Office Registered or Claoficd Mail, V.suigc Prepuld, AR "FICLI: T. &crew d'femn RSilt In the event LPSSFiF elects to rase. Chi, Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall to inueased for cash ensuing one (1) year renewal term by five (5) percent from the previous )mar, compounded. ARTICLE 5. Other l:xnCl'lg and Qharces LESSEE shall pay all coats Associated with the mamsenanec of the Demised Premises amid env and all abiny, Charges, mf applicable 12 September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 15 of 25 Starnes Interim Management Plan EXHIBIT 5 (continued): Cattle Lease on Starnes Property ARl'lClk 6- b�j[y-µ3imns In lyetnised Prcmj�.y Prior to making ally charges., alterations, additions or improvemonu to the Demised promises, LESSEE will provide to LESSOR all proposals and plans fur aheraeions; improvements, changes or additions w the Dmitised Promises for LESSOR'S written approval. specifying in writing the nature and extent of the desmad alteration, imp toe meat, change, or addition, along with the contemplated starling and n'mtplctian time for such pm9cci. LESSOR. or its designee will diem have sixty (60) days within which on approve or deny in writing said request feu changes, Improuemems, alterations or additions. LESSOR shall not unrcaamaabfy withisold its consent to required or nppropriate Alterations, improvvtrnems, changes or additions proposed by LESSEE. If after sixty (60) days there has been Vol response from LESSOR or its design« to said pre po ells or plans, then such kilence &hall be deermd as a denial to such requco to LESSM LESSEE covenants and agrees in connection with any maintenance, rcpnir wwk, errcliun, construction, impruverment, addition or Alteration of any authorized modifications, additions or improvements to the Vesmsed Premises, to observe and comply with all than and future applicable laws, ordinaacrx, rules, regulations, and requirmirmix of the United Scopes of America. State of Florida, County of Collier, and any and all governmental agencies. All alsr atims, improvements and additions to the 6emisrd Premises Boll at once, when made or htstalled, be deemed as attachnl to the freehold and to have become property of LESSOR. Prio to the termination or this Lease or any renewal term thereof, or within thirty (30) clays fhtreaftes, if LESSOR se, directs, LESSEE shall promptly, remove the additions, improvemcros, alterations, fixtures and installations whOi were placed in, on, err upon the Demised Premisei by LESSEE, and roper amy dautagr occasioned to the Demised PrenJscs. by such rearoovnl and in default thereof. LESSOR may complete void remnvalk and repairs at I.ESSIT'S expense. LESSEE covenants and agrees net to sort, occupy. suffer or permit said Dmidsnd premixes or any part -�- thereat to he used or occupied fur any purpose contrary to law or the rules or regulations of any public am[tof ty. ARTICLE. 7. Acccu to Dudi_M51 premises LESSOR, its duly author ind ager,U, representatives will eirpinyees, shall have the light to miff into and upon the Demised Premises or Any part thereof At any tune, aaithmi notice W the LESSEE, I'm the purpose of examining the same and making repairs, inspecting or curing a default or nuisance, or providing maimmunce, service the iq and for the purpow, of inspmtocm for compliance with the provisions of chic Lease Agreement. If LESSOR should need to utilize the property for any length of time, for any parlxY— die LESSOR shall advise the L.I:SSEL of its imemions by oral notice, ARTICLE M. 63.f I neatand -sift az LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any pan of the Demised Eremises, cu to permit any other persons to occupy same without the wrinen careen of LESSOR. Any well assignment or subletting, even with the consent of LESSOR, shell not rolicvc LDSSEH from liability 'dv payment of rent or other sums herein provided or frown the obligation to keep aryl be bound by the terms, ccindilions and covenants of this Lease. The accrpancc of milt from any other person shall not be deemed to be a uaiver of any of the provisions of this ]ease m to be a consent to the acvigmment of this Lease or subletting of the Demisal Promises. ARTICLE 7. sniri LESSEE, on consideration of 'Len Dollars ($I0 W), pile receipt aryl sufficiency of which is Isereby wknowledged, shall indemnify, defend and Will lamticss LESSOR, its agents and employees from and against any and all fiahiliry (sfamAory, or olherw1sel, darmillm claims, suits, demands, judgracnts, costs,. Emeresi and expenses (including, but mot limited to, o"mmiys' fees and disburianwms both at trial and appclime levels) arising, dinctly or indirectly, iron any injury to, ur death of, any person ur persmis or damage to property (including era of use tLrcroor) related to (A) USSEE'S use of the Demised Premises, (43) any work or thing wletsocver doric, or any cm idiiion cmatcd (other than by LESSOR, its Ampbyees. agents or contractors) by or on behalf of LESSEE in or about the Dcmisrxl promisee, (C) any condition of the c mused Premucs due to or resulting from any default by LESSEE in the performmtee of LESSFE'S obligalions under this I..eac, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, hcrnsccs o ° -` invitees. In cane Any action or proceeding is brought against LESSOR by renson of any me or more thereof USSFE shall pay all costs, altomeys' fees, expenses and liabilities resulting therefrom and dull defend such action err proceeding if LLlSSOR shall sm regnam, at LFSSFFS expense, by counsel reasmafrty satisfactory to LESSOR, 13 September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 16 of 25 Starnes Interim Management Plan EXHIBIT 5 (continued): Cattle Lease on Starnes Property The LESSOR sbalI nor be liable for my injury m damage to person or property caused by the elements or by -they peremru in the Demised Pmmbxs, or from the street or suMsofnce, or from any other place, or for env interference caused by opoaticirs by or for a governmental authohy in manntcrim of any public or quas4public wurkx_ Ibe LESSOR shall nor be liable far my damages to or loss of, otslwling Ices duc to petty then, any prolmoy, occurring on the Demised Premises a any pan Ihercnf, and the LESSEE: agrees to hold the LESSOR harmless to. any claims for dammges, except where such damage or usjtey is the result .1 the gmav ncglisenx o willful misxndud of da, LESSOR or its employees. AR ICLE 10. lnsnranee LESSEE shall pm do and maintain a farm hability policy which shall be opprovd by the Collier Count) Risk Management Ceps oa ni, for not Ices than an arrwmm of One Million Dallas and Not! W Cents (31,01N1,00,00) throughout the tern o any renewaG thereof to chic Agreement. In addition, LESSEE: shall provide and maintain Workces Compensation Inwrance covering all nntill meeting Satutorr Limits in compliance with the applicable state and federal laws. The cm eragc shall include Employers Lanbility with a minimum emit of Onc Hundred lUoun l Dollars and Not I t)0 Conts (SM,000.00) each w idenL Sn.h in ... act pokey {lest slap lint Collier County no on additional maned therms. Evidence of inch insurance shall be provided to the Collier Count) Risk Management Depanmcm, 3301 Fast Tumiami 'I rail, Admoossa ion Building, Naples, Florida, 34112, for approval prior In the commencement of this I.eaw Agmemem; and shall include a provision mcitaring ten (IO) drys pasta written notice, to Collier County coo County Rick Management Department in the event of cancellation or changes in policytiesl coverage. LESSOR reserves the right u, reasonably amend the inauni regnircmemc by issism,v of uma" in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to ohmia such additional uo..uc. ARTICLE 11. hlnrntenanl$ LPSSIJ[, at its sole cost and expense, shall erect, it out already existing, and maintain a fence xccpmble to LESSOR moo,td that area of use Demised Prnm'rses which shall camtain any cattle . This fencing is crucial in retaining cattle mewl pmvcming cattle Isom scanning olfof the Dem'med Prcmires. LESSEE shall, at ib sole cost said expense, keep the Dcmiscd Premises clean at alt tinter. If 'aid Dcmtised Jim.,sv arc not ke3N drum in the opinicm of LESSOR. LfiSSEES - tanager will be sa advised in writing. If coreaivc action is nor taken within twenty (20) days of the rmeim of such nice, LESSOR will cause the saw to be cleaned and cortered and LESSEE shall o numc and pry all necessary cleming, s and .udt rusts shall censulmm edditmrtal rent which shall be paid by LESSEE within den 11(1) days of receipt or written nonce of costs incurred by LESSOR. l'he LESSEE, at its rule coat, shall repair al! damage w clue Demised Poxanises caused by USSEE. as employem agents, inddxndeot contractors, gue9s. Invtims, licenses, and patrons, '[be LESSEE:, at its sok cuss, Moil remove from the Demised L'rcmiscs in accmdancr with all aMl,c -hie robs, laws and regulations, ail solid, liquid, sensisolid. and gaicous trash and waste and rciusc of any nature wheal Weva which might accumulate sad arise from the operations o(dm LESSEE'S Iwsiness Such trash, waste and refuse shall be stared in cloud conn,twn approved by the LESSOR. AR'[*[CLt. 12, Rpfault by LEMIE failure of LESSEE to comply for dtirty (30) days with any material provision or wsvemart orthis Lease ,bull cunslnmc u default. LESSOR may, at iu opliot terminate this Lease after thirty (30) days written notice w 1..E-9Sf:E, units, the default be cured within the --tile period (o nude additional lint, as is reasonably required to correct such dclkutq. Ho,aclm the oucurma,;C of any of the foilnwing events shall eonrthuta a dcfodl by LESSEE, sod this Lease may Iry - nntdimely tanomutcd by Lh390K: fa) Abandmmnu of Dbmisud Premises or discontinuation of'LESSLL'S operation, (b) falsification of LESSEE an an agent of LESSEE oFany relwrt mquined to be famished to LESSOR puraaaut to the term, of this Lease. (c) Filing of insolvency, rorganint ion, plan or arangeni oriv[nkrupicy. (d) Adjudication as bankrupt (a) Makiusg v(a gcaseral assignmsml fw tlu bcnelit of creJ:[ors. (t) It LESSEE aullbra this Lac t. brmkcn under any writ of execution. 14 September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 17 of 25 Starnes Interim Management Plan EXHIBIT 5 (continued): Cattle Lease on Starnes Property In the event of the Occurrence or arty of the foregoing defaults in this AR"fICIT., LESSOR, in addition to any other rights and remedies it may hove, shall have the immediate riot so reenter and remove all possum and property from the Demised Ismounez. Such property may be removed and stored in a public warehouse or chsewhere at the cost of end for the aoewm of LESSEE, all without service of notice or react no kgaI prow and without being deem"d seamy of trespass, or bring liable for any loss or damage which may be occasioned thereby. - "Ilia LESSOR may m its option mrmimte this Lease ahcr receipt by LESSEE of thirty (30) days, notice in writing if a Iten is tiled ageing, the property or the Eeanehold interest of the LESSEE, and "mrini within thirty (30) days by LESSEE, pmxusnt to the Florida Mechanics Lich Law, If LESSEE. foils to pay the rental amount or my additional charges when due W LESSOR as specified in this l..ease, and if %aid amounts remain unpaid for more than in (It) dsys past the due date, the LESSEE shall pay LESSOR a lam payment charge equal to five (5) percent of any payment not paid promptly wheat due. Any amounts not paid promptly witen time shall also accrue comp mndcd interest of twvo 121 pecan per month or the highest interest. ram %hen alluwed by Florida law, whichever is higher, which inscrest shall be puid by LESSEL to Ldi.SSOR. ARTICLE: 13, [mli ;I,,tx r LISSOM 0all in no went he ihwpd with default in the pcnfrxmancc orany Of its obligations hereunder unlcas it until LESSOR droll have failed in perform aucleoblipminns withhn. thirty 130) days two LESSUR'S salt discretion, much additional time m is reawsnably required to corral such default) asset notice to LESSOR by I,ESSEE properly spe-cirying wherein I,P,SSOR ham failed to ficrl'omt any such obhgalionr ARTECU 14. N331iSes Any owice which LESSOR or LESSEE may be required m give 10 the other party shall be In writing Ra throther party at the fallowing oddmsaase LESSOR: LFSSFE' hoard of County Cummissioners Mr Hugh E. Starnes C•o Real Property Mgmt, Dept. 3715 McGregor ioolevard 3701 Tanuanti Trail East Fort MY", Florida 17901 ,Wministrahun Building Naplm, Florida 3411: cc: office orthe County Atomcy, 3101 Tamiami Irol Fssi, Naples, Administration Building, Naples, Florida 34112 Conservatkut Collier Cu%>'slinatw, J30 r 'l'am tarot Trail Imo, Naples, Collier Cowuy Fro:ilities Managerrsamt Dept., Napes, Florida 34112 ARTICLE ! 5, Surrender q{:F „tat tr ' LESSEE shall remove uny hnprovemeascncnpked by LESSEE prior to the expiration of %his Lease and shall deliver up and surrender to LESSOR possession of the Dcmisad. I'trminas and any rmprovamrnts not removed upon caplrution or this Lease. w its earlier termintim all herein provided, in as goal condition and repair as the same shall he at the commer%cemem of the tern of this Lease w may have been put by LESSOR or LESSEE during the wntinu incc thereof, ordinary wear and ter and damage by rim tar the elements beyond LESSEE'S control cacepted. ARTICLE 16. - 515rexla PStXISl9i'3 LESSi:E agrees to contain cauk within the Demised Pmanims and prevent cattle from rooming orlt of the Dcrmued Premises, LESSEE shall be allowed to maimmio no mart than one hundred (100) brad of cattle at the Demised premises. LESSEE shall have the right m camp orumight on the Demised Premises,. in LESSEE'S own risk, aid shall be required to obtain any nnce isrrry permits, if required, for this use. LE SSCE declares that he is licensed to operate a 2: earth” rick and LESSEN. acknowledges use of that rifle only when deemed lecessoy, as to destroy sick caste LESSEE acknowledges that them shall be no game huassting tar my dispensation or firearms by LESSEE or ha inv ism. upon the D"nised Premises. 15 September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 18 of 25 Starnes Interim Management Plan EXHIBIT 5 (continued): Cattle Lease on Starnes Property LESSEE fully understands that the police and law enforcement strcurity prwwtion prosided by Law entnroement agencies for the above referenced Demised Premises is limited to that providod to any other business or agency situated in Collier County, and ackrawkdges that env special security measures deemed necessary (br additicatal protcrrAian of ila: Demised Premises shall be the sale rest ansibiliry and cost of L[:SSEE and dull involve rso eat or expense 10 Lt' -SSOR- LESSER expressly agrees lbr itself, its successor and assigns, to refrain from any use of the Demised lsrcmiscs which would interfere with or adversely affeer the operation or maintenance of LESSOR'S srardazd omorions where When operations share common facilities. tn) Rights not speci fleshy granted the LESSEE by this Leasc are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all talcs ua imposed on The rental of the Dicin ed premises where appli.:sale under law. - ic) LESSEE agrees to pay all intangible personal propcny taxes that may be imposed dux to the cremion, by lh is lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises (d) LESSEE shall trot perform any environmental property management issues, such as, but not limited to, burning or removal of vegetation, unless pnorapprovai is granted by LESSOR. (c) LESSEE acknowledges that LESSOR may allow limited seasonal hunting under the supervision of the Florida Wildlife and Conservation Commission upon the Demised Prl'mtaea. (1) LESSOR may engage a Rnnge Conscrvatiomst to develop u lonitrangc managemnq plan for the Demised Premises. LESSEE acknowkdgcs that he will cvoperatc with LESSOR and any plans that may develop for the lkmised premises as a result of future planning. LESSEE alit, ta:knstwhslgcs that LESSOR may clwl n, fcnec the evaluated range liar mitigation purposes. ARTICLE- 1 7. Bt3Ljrcnmcewl Co[ &SM LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold barmicss LESSON., from and a_vsinsi all costs (including anomcys (ees) asserted against, im"ed on or incurred by LESSOR directly or indirectly purwutd to or in connection will, the application of ally federal, state, local or common Low relating to pollution or protocuon of the envinxtmcni .ARTICLE 18, (stn .ins All persons to whom these presents may come arc put upon notice of the face that doe interest of tice LESSOR in the Dcmlved Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvmnents made by the LESSEE are specifically prohibited fawn attaching to iv becoming n lien on the inu acst of the LESSOR in the Demised Premises or any pan of either. This notice is given pursuant to the provisions of and in cwnptiance with Section 713, 10, Florida Statutes. ARTICLE 10. Whi +'c[ No failure of I.E.SSOR to enforce any tetras oa conditions herein shall be deemed to be a waiver. ARTLCLI: 20. LffZjivy )etc Ibis Lease shalt become effeetivn upon c¢ncuti n by both LESSOR and LESSEE. ARTIC.L1: 21, gpveminu g}y Tbis Lease shall he gnvcmed and construed in accordance with the laws of the Suet of Florida. 16 September 2008 Item # 16E2 September 23, 2008 Conservation CollierPage 19 of 25 Starnes Interim Management Plan EXHIBIT 5 (continued): Cattle Lease on Starnes Property IN WIjNrSj Wi If KLkvi.w I. 1.1rhm dcr and w'I, AS I0 THF. Ln%0k: CIATCD / -4-240 ATTI Ilk Al 1t LESSIFT I /J-7 jvF:Ss VN "L .1 "1 A19 A191 -eloI I I 41-14a wjAkD (w 0JUNly (x)&1KIr5q1 N1 3S LN)LUER(OUNT P.011111A AAMiS By: AkINI- LS PROPERTY TAX IDENTIFICATION NUMBER: 00063080008 LEGAL DESCRIPTION- WEST HALF M112) OF SECTION aD, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW114) OF NORTHEAST QUARTER (NEI/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- September 2008 Item # 16E2 September 23, 2008 Conservation Callierpage 20 of 25 Starnes Interim Management Plan EXHIBIT 6: Oil, Gas, and Mineral Lease on Starnes Property P, -PhAn n 88 (9/70) —Paid UP (SP 445) 1Vith Pauline Provision I sassiPpi- Alabeyms- Florida OIL, GAS AND MINERAL LEASE hEDEn4Ahbg05 gIDGPt.ap us THIS AGREEMENT mad. U /./ 14 �q/�h Hugh E. Starnes and wife Judy ALn:j tarnes 2001 between lessor (whether oat or man), wheaa addxaa W. 3715 McGregor Blvd„ Ft. Myers FL 33901 and Wesley E. Williams 17170 Waters Edge Cr N Ft Myers FL. teases, wlTxESSerH: 1. hetor, m ro Ion.n , of --- - -TPTt qil /j OO f nO-- _---- - - - -_— __Dulls n, t ryt 10 which n herehy sick p.r as ,and and of be covennnb and grecmmtt of less, he re lnafter contained, doe hereA tovcnd hereh for the ur Y P 161h rig, Y operating i [rant, rote and let unto Ire,ec the L,nd yy p poor and with the ether or right of ex boring, mIn minin and o crab for, prodecing and awning oil, g,u dlorldn, %Ad her and all other mmenh (whether o. not similar to those mentioned 1. Ingether with the righht to make surveys on said land, lay µpr Ina.. ru,phon .and uli line employ,. P. Ian and other tuMudue ditpaid of soh wave., mnnn,n Dods and hnda,t, dig cnnalt, build tanks, Do rt nanons, paws, Imr >. to lephnne Imef. employee howm tad other stnmhrto on aid land. neceuvy nr ,nefulr in less..'. opembans i ter(np dnlimx for , p.oduan¢. t .toting and transporting minerals produced from the Innd covered hereby or any nth., land adjacent (hereto. The Innd covered herrhy. h,r,n c.dlydr� mi Laid ", is lambed in the County of Collier Sul. of Florida s dnrnhrd is Inllowr - -- TOWNSHIP 46 SOUTH RANGE 28 EAST Section 30: ALL leth: 4039327 OR: 4250 PG: 1445 ne ns 11.so 11811[ 1 WI1LIA11 11CO1DID in the DTTICIAL 1HO1118 of COLLIII CDDR7, BL DOC -.70 r70 17170 1AT118 IM CI1 06/27/2007 dt 02:101 DWIGHT 1. BROCI, C111I 1 TT 11118 1L 33517 3828 WlfrMEF/ER THE FRACTION 1 /8th ARPEARS IN PARAGRAPH THREE BELOW, IT IS HEREnY EXPRESSLY,AMENDED AND INCREASED TO READ 1 /5th. 1. This Instrument prepared Wesley E. Williams 17170 Waters Edge Circle, North Ft. Myers, FL 339,1 This :cue U. morn aad Wdudu. In add! tioyl to (a) owned ar eWmad by bazar by Lmltanim,I Dn ec4 dsi Lien. Lessor axrns to azentte my ..Dubin pose of deterveid.t tb. anoint of swY Maus of at wh -they acroehy ron4,dnt ore or less. and Pass u lump sum eomd.,.b.o for this Ime and Yt e. Colas sooner terminated or Imga kept dam hereof, hercinafe, ..tied ­,Am.,, tares.. an{ man then mnay 1°°) eucs..ubv. d.". J. As royofty, lazea awanmts and &IQF fa 't hth Pare o! all oit prs J.ead and saved by leu.t Of u,oh onc-en;hth part of roeb oil at the rails a of the nit of Inrodog oil to ,,d,, 11 r arketabb P ono- e,.hth of the Amount realized by lasts, tromm otl „r nru,Lutr, the .ekes value, at the mouth o� I ma,terrd or unlPacd by leuea Imm aid land oaa-te i,V the royniry sli dl his aA, dollar (SLDO par to 111 land or oar I'D I with which zdd land or my .ran .v. Jn.,.m n... L....hm .......n.,... by.., t 5'.I. < r ��✓, . 7 =3828 \` ..resit. In any tines shall mz henuodw. they provisions he after a opandoai (her r the credit of luwr, b ytl I, or Isom 11vt, to lime,.{ , .1z run to the pipt4 {tug }y 1 To.q,s�byor -oG tai, ant tpy/pyj ,IL. Ynl�) (2) wAt o-figL oG, ast�jlas`pnd ci haI 'due_-a t 0yell or :ha uprrglian of Iha prime .. h.v _., a Pooled. ,auahb 18 IN or WeAlint to or adi,issii{ the land above deathbed and meqt sir (b) u to which leaser has a immcr tht of Dlft. or amrrte dueADtioo of add Ian I. For the ow- T oonta;n F,40 rte. W�r�..,'! M tine rru. a<reaee ".,a .S,Ao,P ..c,epu the Loow away remala In force for • e.m oit.hQJ r sn from the _Mw %%nfinnad. are eo.d.med uPa. Add !add ill oo ceaa0oo fur �/lboi to wMch Ws.. may eannM Its weib, the "'od oar Uon of Imw, to pay lessor tine n,uate Pmts.! market pnee qe looks, leavers mtarut. in either "*' to bear one - ighth fhwd gar Produced fine said land (1) 114 sold by ouee, by lease off said Lend or m the me.... are of xasoLae or ad gar; (d To pay lain, on all other minerals oswso and at Iasi, election, ucapt that on salphur mined and es.r- n or at my 414. or dmu tbandteq there it nay e° oa duaine gar or say other mineral covered hereby, and Al .arch September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 21 of 25 Starnes Interim Management Plan EXHIBIT 6 (continued): Oil, Gas, and Mineral Lease on Starnes Property ..... ..... ..._ '_ -. - -. - _,. -...- ... r..........a a-� .• ..•r .,os• .,u•nw avvcrcu uerrm nu alit 'urn -our .,tc shut -M, this Itue shall, nevertheless, continua In force u though operations were ;emit cooduned on said hod for so Ion w said welts we sbuh -M, sod thereafter this Ieare May Is continued in foie u if on shut -in bad occurred. Leon covenant, and ages n m rnsonabl d.. As sa to produce, hutise, or m.v[ct Ili0 loin &nJs enpaLn of belt produced from said wells, hut in the esamist of such diligence, lessee shall cot be obligated to imtall 0, furnish hciu. he, other thau well fodtilira and ordinary laws facilities of now Tina, separator, and lease tank, end $bell not be requfrnd to settle labor trouble or to mutt gas upon Julius macceploble to less". If, of Soy time or times after the expiration of the `Irrimery term, all such wells an shut -in for a period of ninety coo - se—:uve days, and dnnng such time then are no operations on said land, than at or before the expiration of said ninety dsp• period, lases shall pay or tende,, by check or draft of Jesse, u royalty, a %= equel to one doll, (11.00) for each acre of land than covered hereby. Lanes shall make like parnenta or tr„den sat or baton ties end of each an venary of the expiration of Sold ninety daY perid if upon such amfversary this lease u being continued in force sally by reason of the provisions of this sub - paragraph. Each such payment or tender etu0 be made to the parties who at the time of payment would be on. nsicd to teceive the royalties which would be field under this lease If the well were producing, or may be deposited to such painia credit in the An a u or its sum son, which shall continue u the de{gdt rrin rogardlw of chm es in the owm- <nhrp of shut -ln "Yalry. It at my time that louse pays or ten w shut-in royalty, two or more parties we, or claim to be entitled to receive same, lessen may, u+ hew of anY other method of payment herein provided, pa) or header such JIMA- fli in the manna above IPM led, either Jointly to such P.rma or fl 9.71tely to tacit in accordance with that, respective owners rp tharsef, u Ieeee may elect. AAY Payment beremder may be made by check or for sat (raise delimited In the mail or delivered n the party eetitid to receive palliator or to • depository back provided for above on or before cps lair date for payment. Nothing barrio shall impale Iwe s right to release u provided in pwngrapb S hereoL In the event of wafgnmmt of this least in whole or In Pan. liability for payment horaundes shall rat esclwivaiy no the then owner or owners of this loos, severally u to acreap owned is sash. 1. Lace h henhy graaud the dgbq at its optloa, to pool or vdtW all or any DM of said Ind and of this Iwe u to Soy or all mineral or barlou thcre•usJ••q with other, lends, lease or lama, a particle or portion thsanf, or mnenl or horizon theremder, so a to atabllb Its containing or more Nan 60 su Aare Seen plus 1 Image tolerowel: provided, however, a unit may be established or An nUtlall unit may be anlrged to contain not more than 640 acres plus 10% scoop solrmce. If whilfzed only as to gait or ody- u to gas and liquid hv'uorubow (rondaeaue) whleb are at s Upuid in the subsurface racrvon. 11 larger snit, are r dyed, under my owrsm atal rule or aides, for the drilling or 0 than of a well w a 1011141 location, or for obtaining maxim+:- allowable. from any .yell to be drilled, drug, or already dried, any such halt may be sIDWAd or enlarged, to conform n the size required by such ovenunentnl order or rvla. Lanes shall esaMe rid optlm u to each dedrd welt by executing an Inatrumemt identifying such snit and filing it for nror,i in the public office in wbicb this laws U recorded. Each of said options may be exercised by lease from time to time and what ier before or after production has been established either on mid land or an the portion of said land included in the unit or ma other laud unitfa►b therewith sad any such unit may include any well to be drilled, being drilled or ' r.J! completed. A lint: stab :shed hereunder sbell he valid and effective for all Du/pesu of this lease even thmrgh then cony be land or mtntral, loyalty or Iwehold Interests in land within the unit which Am not pooled or unitized. Any opennow con - raJ on nuy pan of such unitised land shall be considered, for all yurpesn except the payment of royalty operations conduced uadw this Ica &. There +halt ht nllne.,trd to the Ind covered by this Iwe included many sue Lh unit tbu proportion of the total production of uNtiad minesals from welb in hit .heahrr d.•dncnng any used n tome or unit operations, which the number of surf." Ames In the land covered by this Iwe %eluded M the wait bean to �otal number of surface acres M the whit. The production so allocated shall be considered for AD Purposes. including the payment or duvary of royairy, ov n. ,dine mv.lry, and my other payments out of production, to be the title* production of w id"d minerals from the portion of said Ind covered hereby And �ncinded in ouch will in Jim same manses u though produced from said lad under the emu of this Iwe. The a"#, of the reversionary estate of any term airy or himeret estate egreas that the secrval of royalty pwtunt to this para%MPU or of shut-in royalties from A wall an the unit ,hall satisfy soy umitaaoo term requiring production of oil or gas. The formation of such halt shell not have the effect of changin the MAIM ship of my shut -in production royalry ech mar hec rho payable under this Iowa. Neither shall it Impair the. tight of .lanes to rohom from this lam all or my portion of said Ind, ..clot mat latce may not so release u to lands withM a unit while than we oyendow thesenn for uwnzd mineral udw all pooled lose are released u ro lands wuhin the unit. Lessee may dissolve any call atablsbd baeunder by filing for resod In the public office when ibis lease is recorded a declanoon to Mat dl «t, a at that rime no operations we being conducted thereon for utilised Ddcersla. Subject to the provisions al this P..V.pb e, A will core utahhnccd hereunder shall remain M force to long u any Iwe subject theme shall ,Amain In force. A unit may be so established modified or dissolved d.- .g the life of this lease 5. Lessee may at my time and from time to time erseute nd deliver to Ivor or file for record a relwe or relearn of this Iwo u to my part or all of said land or of my mineral or horizon thencadaq and thereby be mlieved of all obligations w to the released acreap at interest. 6. This is • PAfD -UP LEASE. In cow(deration of the down sub payment, Lwor spew that Luse shall not be obligated except u otherwise provided harem, to commence or continue any Opeations durIng the primary form. %%never wed In this base the word operuow" sbell mum optn. Cons for and my of the following: drilling, ruling comV1011 , reworking, recomplanat, deepening. Dluggimtr back or repairing d a wall m smecb for m n an end,.vo, to obtain production of oil. gas, su}Dbw or other mom , e.&V.tipg S coins, production o od, gun, mlpbw or other mnerJ, whether of not ash P.Ying quandtiaa. 7. Lesse shall have the me. free from royalry, of water, other than flow lessor .a water W*w mid of oil and gas produced from said land in all operations bmeunder. Lomas shell have the tight at ny time in remove all machinery and fistula Dlaeed on said Ind including the right to draw and remove calling do well ,hall be drilled newer than 200 fast to the hours m ban cow an Bald land without the count of rho lessor. Lase shall Day for damaca ,Sand by in operstioa to growfag crop and timber an said lend. LrJ September 2008 Item # 16E2 September 23, 2008 Conservation CollierPage 22 of 25 Starnes Interim Management Plan EXHIBIT 6 (continued): Oil, Gas, and Mineral Lease on Starnes Property S. The rights Lod whates of anr posh harem may be assigned from time to time is whole cr in pat and u to any amurval or bottom. All of the mvevats, ebsauont, Lod considerations of tbY Isms thall erhood to Lod be binding upon the paetia berobs their bein sucoason sesigos, and twciartive assiggn,u No change or division in the owaenhlp of sold laud, royeltlw, or close maoaya or any pan these f. b 4awu atlect dt shalt increase the obligations or diminish the rights of lessee, including, but not limited to, the location and drUW{ of weld and the mmw=mt of production. Notwithstanding MY other scrawl or construcnve knowledge or mod" thereof of or to Iwo", Its association or edW�oa m cban c as division in the ownership of said land or of Ow mYdos or other -assays, or the right m tacelve the same, howsoever effecletl shall be blading u Ne than noord nines of this lei until thirty (30 days Situ then I,u been furnished to such record owner at his or its rinclpal plane of business by low or fewer boln, sucoer"n, or witns. noting of such chmt m dinsians supponed by dd w originals or dWY mrtifiao coplu of the Matrummts which have ban properly plod for r mrd and which evidence such clam{# or division. and of such castle remldf sad proceedings, troubscripts, or other documents a shall be oeowLry In the option of sueb record ownsr to establish Isere I of such �ornoLLarsamen. erlparrttythmaf, m the - credit ot the decedent to�i depositary be" �pro the W farbov . eaY, nawnLJw. par or 9. In the aveut Iwo m"tWen that Iwo his net complied with all its obligations henander, both • rear and Iybod, lever shall pp�y Iwo in writ. tog. setting out specifically In what respec4 learn his benched this contract. Laos" $hall than haw slaty d0) days attar receipt of raid rei&* within which to meet or ngmmesa m mat all a mY Oat of the bnaehr aUeaed by lams. The servine of taus an a shall be peecedmt to the bringing f my action by Iwor on said low fn my neat, and no such action shall be baoght Data W layers of illy (d0) days Liter same* of such Doting an 1wa. Neither the serving of wild Detlea oar the dal= of my am be Twee aimed m meet all or my of the autoed beaches shall be deemed an adndarioq of presumption that letter has failed to pHlyea 60 US QbUAgfb0nA batamnr. Should It be aanea m anyy notice Pvm l0 W Iwo* mast we prwumm m rim paraarapu that lets" by failed a comply with my Implied obligation or names, henol, this Mw shail not be subject to neoaWtleo for my sock, ngw ea a ter fioJ iudreial ascenairtm"! that sn& faihse exists Lad late" his than ben afforded a reatinable tlmrs m prevent c Ustiw by "m_ plying with and du- chagsns its obligations a to which Mss" bee been judicially duersNned to be in default, If this lease h conceded for my caw, it rani awerrosless remain m force its effect at to (1) sufficient scree" around rich well as to which thus are operations to coatitsse a drilling or masimum a0owsblo unit wafer appucable governmental regulations (but In no event Ion than forty aeon), such acreage to be designated by lwn as nearly u practicable in the form of • square centered as the well or In such shape as than existing spacing miss require; and (g) my pan of said land included in a paled unit an which there see operations. Iwss" shall also have such easements on said Ian u nee necessary to operations eo the acre {e so retained. 10. Lessor hereby warrants and agrees to defend title to said land against the claims of all persons whomsoever. Lessors rights and tafermts herewdet shill be charged primarily with any men ages. taxes or other lia s. or loteren and other charger on maid land, but lesser agreu :list !tutee s_a!: ha.e the right at any rime to pay or reduce soma for Iwor. Jtosr before or Liter maturity, Lad be abrogated to the rights of the holder thereof Lad to deduct amounts so paid from royalties or other payments payable or whieh may become payable to Inner and /or sessions under this lase. Lessee is hereby gs.eo rbe right to acquire for its own benefit deeds, less, at assignments covering an Interest or claim m said Mod which Iwex or any other perry contends a out- standing u,d not covered hereby ond *van $bough such outstanding interest or claim be invalid or adverse to lessor. If this lease coven • less interest in the oaf. gas, sulphur, or other mineral$ in all or any yen of said load than the entire and undivided lea simple mete (whether Iwor'$ interest is herein sperd.ed a not, nr no interest therein, then the royalties, and ota#r moneys accruing from my pan u to which this leus coven less this, such full interest ihaa he ,,.a only m the propordom which the interest therein, if any, covered by this ]*us. been to the whole and undivided I" simple wrote therein . .ill interest covered by this lam (whether or not owned by )wor) shall be paid out of the royalty herein provided. This lease shot be binding upon each pain who esectate, it without regard to whether It is executed by all thin* caused herein wi lessor. 11. U. while this kw is in fares, at or after the expiration of the primary term hunt, it U mot being continued in fore* by reuon of the shut -in well provisions of paragraph J hmof, mA Iwn is not conducting opeations on sold land by reason of (1) my law, order, rule or remdation. (whether or cot subsequently delumi"d to be invalid) or 1{) my other cause, whether similar or dM imilm, (except financial) beyond the reasonable control of lease th m{ cows. W harvest Iwo may be exteenndeed first operations as if such dellaiyy had {not occurred. 12, or moo days following the ravwvJ of such dales. Ile. Wohin thirty (00) days prior to the expiration of the primary term of this lease, or if nperations are being cooduated on said lease or land poolre. therrw,ih al the expiration of the primary term in such manner as to maintain this lease In force, within thirty (JO) days After the completion of a dry hot, r u,hing from such operations, lessee may extend the primary term of this lease as to rill or any pan of ncraxe then covered hereby. for an additional 4.e -5s tan beyond the initial primary term, by written notification of action taken and by meking payment to Insor or to lessor's successor in ,merest as IT- muted by notice to lessee pursuant In Paragraph S her"C or to the credit of lesser or each snccesxnr in interest in any depmitory hank named hrn +c or .umendetory lost ... merit in the sum of S_ for each net tare at to which the Irate is to extended. II th,i option i. ,%rrc,•td ha lessee, the lease as extended will thereafter he treated nee if the ona.o.1 prim Nry ferns had been five (5) years longer. W September 2008 Item # 16E2 September 23, 2008 Conservation Collierpage 23 of 25 Starnes Interim Management Plan EXHIBIT 6 (continued): Oil, Gas, and Mineral Lease on Starnes Property STATE OF // "WA COUNTY Or L« I btrebY certify. that om thls day. before ma, a duly authorised in the state and c uuitY aformaid to take a<knowhrdgmaols, pmsnoally appeared Hugh E.—Starnes and Judy Ann Starnes to roe know+ to be the porma'i duclibad to and wbo saecuted the foregoing lottri moot and % be gl"' -- acknowledged Chore me that. bring informed of the oontentl of the cane, _ —t be y,_ uahmtarly alead and daErmed the within and f elm gain mtatloocd- {{��. C., : under d MT �ari/� y day of 1Lla rC' � A.D.. 20 I Alba 5«11 :•1 +� �5, bbOlEetlrtq Aertltdtrmi,a ��� NC�C✓ q- 'r q 16/,e (Title of IXMNd) STATE OF COUNTY OF t.e _ and for the aforesaid WiSdictlen, hereby wrtlfY that e mbmnbmt wimp, to tba foregoiag inatram-t. known to tau• appeared before ree on this day, and being anon. nand that rh[ iranror(rl, hMnt bean inlnmad of Wa Contend tEa[ml, rolueadll na[u led and daErmed the tame V ltla prmeore, aad m the pretence el the otMr wManba wmets, an tM day clue rams bon dam; Wt M artamad [be raves !n the pmanw of fb iranmrbl. and o/ W otli artmare. and NN rued othae .+meat s n;,nbed hu oavre at • wimeu b Eli Weamura. (Subrcdhing witeaw) Cirm under my Sand and bffi W coal. ••``• day d Wits Sent — My moumwioa armirm, (Title or offlow) to and for County. 20 September 2008 Item # 16E2 September 23, 2008 Conservation CollierPage 24 of 25 Starnes Interim Management Plan EXHIBIT 7: Map of CREW Wildlife and Environmental Area From: http: / /nivfwc.com/IiuntinL�/wma /2007 -08 /South /Crew pdf N rAl v G o ? x a 1l ®a Lj y N �1 z i v _E rA r. 1 y y J c 4 x� o rl c i 22 Z v "r O O R c E c E m W 00 W w w W, o x ti¢z o x �1wUoo, z0 >o� 0UF -oo, �c x cnwc,00, �C ¢�C7oo. O a o C� ?G zo� wwa�oo� L1 WU000 z0 >o� O U H o 00 >C >C dJC7000 .-, ',7 tiDzo� x �c ¢ a' 0 0o X >C >C ° F F Q o � U o o ,Q O � ro .3 o a cd " q o G on A. o Item # 16E2 September 23, 2008 Page 25 of 25