Agenda 06/10/2008 Item #10C
Agenda Item No. 10G
June 10, 2008
Page 1 of 38
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners provide staff direction
related to the Supplemental Agreement with South Florida Water Management
District on the Temporary All Terrain Vehicles (ATV) site
OBJECTIVE: To provide recreational opportunities to Collier County citizens who ride
ATV's.
CONSIDERATION: South Florida Water Management District (SFWMD) and Collier
County, along with the Board of Trustees of the Internal Improvement Trust Fund,
entered into an Agreement on September 23, 2003 whereby the District agreed to convey
640 contiguous acres to Collier County for recreational use.
At a joint meeting on January 10, 2007 beTween the Collier County Board of County
Commissioners and the SFWMD Governing Board the parties proposed resolution of this
dispute based on the following:
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The District entered into a supplemental agreement which included the lease of
approximately 150 acres of land in Collier County to be utilized by the County as an
interim recreational A TV site. The District provided this temporary site to Collier
County until the Lake Trafford site is made available to Collier County for permanent
use.
The County has proceeded with the direction by the BCC to have the temporary site up
and running to provide a recreational experience for the public and a temporary Use
Pennit was needed to open the facility. The Parks and Recreation Department worked
closely with the County Natural Resources Department and South Florida Water
Management to comply with the requirements for the Temporary Use Permit.
It was detennined that an on-site five-day species survey be perfonned. The survey
revealed that a threatened Audubon Crested Caracara is actively nesting in the southeast
comer of the proposed temporary A TV site.
The Parks and Recreation Department presented this proposal for the Temporary ATV
site to the EAC on November 07, 2007 and were instructed to return with additional
information regarding this temporary use. The US Department of the InteriorlFish and
Wildlife Service stated that a permit is required to utilize the site and that it could take up
to 18 months to obtain. This would place the opening of the site close to the end of the
lease agreement.
SFWMD is analyzing downsizing the containment facility at the Lake Trafford site by 25
percent, which would provide 100 acres for a temporary OHV site. SFWMD staff is
pursuing an engineered modification to the existing disposal site in order to determine the
feasibility of establishing this replacement temporary site.
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Agenda Item NO.1 OC
June 10, 2008
Page 2 of 38
LEGAL CONSIDERATION: When the County and District entered into the
Supplemental Agreement, it was expected by the parties that the Alico property, which
was specifically identified in the Supplemental Agreement, would serve as a temporary
A TV site. This was an important consideration by the County in entering into the
Supplemental Agreement. The original term of the lease between the District and Alico
was for one year (until June 30, 2008) with an option to renew for another year.
According to Alico, this option to renew was not exercised by the District as required by
the terms of the Lease, and the time for doing so has run. The 180-day provision of the
Lease, however, can be waived by Alico. It should be noted by the Board that even with
the additional year under the option, which would extend the lease until June 30, 2009,
the County is not likely to have permitted A TV use for this site before the lease expires.
It is not certain whether Alico is willing to negotiate a new lease with the District,
although indications are that they are not. -ETe.-. .
FISCAL IMP ACT: SFWMD has provided $75,000 for initial start up costs associated
with the leased site.
The Supplemental Agreement stipulates that the District will upon the completion of the
Lake Trafford Restoration site will, at its sole cost, design and permit the initial site
preparation for the Lake Trafford site consistent with the conceptual site plan entitled,
"South Florida Water Management District Potential OHV Park Land."
Furthermore, the District shall provide all remediation necessary for the Lake Trafford
site to be suitable for recreational OHV use and passive recreation as acceptable to the
federal and State of Florida Department of Environmental Protection (FDEP) applicable
standards or site specific risk assessment/corrective action values acceptable to FDEP and
consistent with the Conceptual Site Plan.
Finally, the District will assist the County in acquiring a boat ramp in Collier County for
public use or a monetary contribution to Collier County in the amount of $585,000.
GROWTH MANAGEMENT IMPACT: While the original temporary ATV site would
not be inventoried in the Growth Management Plan; the temporary site established within
the permanent location would.
RECOMMENDATION(s): That the Board of County Commissioners provide staff
direction with the Temporary OHV site and the agreement with the South Florida Water
Management and the Supplemental Agreement for this site.
Prepared by: Murdo Smith, Parks and Recreation
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Agenda Item NO.1 OC
June 10, 2008
Page 3 of 38
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Roa<l, West Palm Beaoh, Florid. 33406 . (561) 686-8800 . FL WATS J.8oo-432.2045 . TOO (561) 697-
2574
MailingAddress: P.O. Box 24680, West Palm Beach. Fl334164680 . www.sfwmd.gov
June 26, 2007
Via DHL Overniaht Mall
9
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Ellen T. Chadwell, Esq,
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
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Subject:
Supplemental Agreement between the
South Florida Water Management District and Collier County
Dear Ms. Chadwell,
Enclosed please find an original fully executed Supplemental Agreement between
the South Florida Water Management District and Collier County which was
approved by the Governing Board on June 14, 2007.
As previously discussed, the District will retain the other executed original
Agreement for its reference.
If you have any questions, please feel free to contact our office.
Sincerely,
~b' (,/-4:::.
Holly Y. Walter
on behalf of Robert G. Panse
Office of Counsel
HW/acc
JUL 0 5 2007
Enclosure
("',
GOrERN1NG BOARD
ExECUTIVE OFFICE
Eric Buennann, Choir
Nicolas J. Gutierrez. Jr., Esq.. Vice Chair
Michael Collins
Charles J. Dauray
Shannon A llit.cnoz
Melissa L. Meeker
Patrick J. Rooney, Jr.
Harklcy R. Thornton
Malcolm S. Wade, Jr.
Carol Ann Wehle, Executive Director i
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Agenda Item No. 10C
June 10, 2008
Page 4 of 38
SUPPLEMENTAL AGREEMENT BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
This SUPPLEMENTAL AGREEMENT is made and entered into this ,.23.J
day of ~
, 2007, by and between Collier County, a political
subdivision of the State of Florida (hereinafter "COUNTY") andJhe South Florida Water
Management District, an agency of the State of Florida (hereinafter "District").
WITNESSETH
WHEREAS, on October 8, 2003, COUNTY, the Board of Trustees of the Internal
Improvement Trust Fund and District entered into an Agreement ("2003 Agreemenf')
that provided, inter alia, that District and lor Big Cypress Basin, a subdistrict of District,
conveyor cause to be conveyed, at no cost to COUNTY, fee simple interest to 640
contiguous acres, more or less, no later than October 1, 2005; and
WHEREAS, District has tendered a site to meet this obligation known as the
Lake Trafford site, which site is currently unavailable for use and which COUNTY has
rejected as unsuitable; and
WHEREAS, on January 10,2007, a Joint Meeting was held in Naples, Florida,
between the governing boards of COUNTY and District in accordance with Chapter 164,
Florida Statutes, in an attempt to resolve this dispute over the 640 acre obligation and
District proposed providing an interim site until such time as the Lake Trafford site can
be prepared and rendered suitable for COUNTY's proposed OHV use; and
WHEREAS, as a consequence of the discussions had at the Joint Meeting,
District has leased approximately 150 acres of land from Alico in Collier County,
Agreement Between the South Florida Water Management District and Collier County
Page 2 018
Agenda Item NO.1 OC
June 10, 2008
Page 5 of 38
generally depicted in Exhibit "A" attached hereto (hereinafter "Interim Site"), to be
utilized by Collier County as an interim temporary recreational ATV site until the Lake
Trafford site can be made available by District; and
WHEREAS, the lease, a copy of which is attached hereto as Exhibit "B"
(hereinafter "Lease"), provides that the site can be operated for ATV use during daylighl
hours at least three (3) weekends a month year round, with the ability to extend those
days of operation with Alico's consent; and
WHEREAS, COUNTY and District recognize that the State of Florida Division of
Forestry, rather than the District, will be responsible for the maintenance of the project
area, as defined in the 2003 Agreement, and seek to amend the 2003 Agreement
accordingly; and
NOW, THEREFORE, in consideration of the mutual benefits derived herefrom,
the parties agree as follows:
1. The foregoing recitals are true and correct and afe incorporated herein
as if set forth verbatim.
2. The District will provide the Interim Site as a temporary A TV site to
COUNTY until such time as the Lake Trafford site has been accepted by COUNTY and
is ready for public use. COUNTY'S acceptance shall not be unreasonably withheld and
COUNTY shall accept the Lake Trafford site when it is suitable for ATV use. COUNTY
shall be required to operate, manage, and maintain the Interim Site and shall submit a
management plan to the District for review and approval which is consistent with the
terms of the lease. The District shall have no responsibility for safety with respect to the
(' operation of ATVs, the use of the Interim Site by the public, COUNTY, contractors or
Agreement Between the South Florida Water Management ~istrict and Collier County
Page 3 of 8
Agenda Item No. 10C
June 10, 2008
Page 6 of 38
any others and the operation, management and maintenance of the site/property. That
is, COUNTY shall have sole responsibility for managing, maintaining and operating the
Interim Site with respect to any and all safety issues and in accordance with the
provisions of the management plan and the Lease. All personnel shall be employees,
agents or representatives of the COUNTY, and complete responsibility and liability for
the supervision of the onsite personnel shall be with COUNTY.
3. The District shall pay the rent and all charges and fees required by the
lease, including the cost of any land restoration upon termination of the lease, and all
costs incurred by COUNTY for the operation and maintenance of the Interim Site
(excluding any costs, damages, attorneys fees, liabilities or judgments, arising out of or
related to any personal injuries, deaths, or personal property damage). To that end
District will pay COUNTY, within thirty (30) days of the effective date of this
Supplemental Agreement an advance payment of $75,000 to be applied to COUNTY's
initial start up costs and operating expenses. The District shall reimburse COUNTY
annually for the actual costs incurred by COUNTY to manage the site consistent with
the management plan and the Lease, which costs shall include, but not be limited to,
staff training, equipment, capital start-up expenses, operating expenses, security
measures and personnel expenses. Reimbursement shall be made by District at the
end of its fiscal year (September 30th), provided COUNTY has provided District with an
accounting of said expenses in accordance herewith. District will be credited for the
advance payment of $75,000.
An example of the type and estimated cost of
reimbursable start-up and operating costs intended by the parties is in a table attached
hereto as Exhibit C. All fiscal records shall be maintained by COUNTY pursuant to
Agreement Between the South Florida Water Management District and Collier County
Page 4 of 8
Agenda Item No. 10C
June 10, 2008
Page 7 of 38
generally accepted accounting standards, and other records shall be maintained to the
extent necessary to clearly reflect actions taken. District and its authorized
representative will have access to COUNTY records for the purpose of conducting
audits and examinations and making copies and transcripts. All records shall be
retained and kept accessible for at least three years following the final payment made
under this Supplemental Agreement or all pending matters are closed, which ever is
later.
4. Upon the completion of the Lake Trafford dredging restoration project, the
District will, at its sole cost, design and permit the initial site preparation for the Lake
Trafford site consistent with the conceptual site plan entitled, "South Florida Water
Management District Potential OHV Park Land" previously prepared by George Fogg
(IBIS Consulting) on September 1, 2006 and attached hereto as Exhibit "0"
("Conceptual Site Plan"). In addition to the permitting and design, District shall pay for
and perform all necessary earthwork ("Improvements") to prepare the site in accordance
with the Conceptual Site Plan and all local, state and federal regulations. All
Improvements, however, will be subject to COUNTY's approval, and District shall
provide COUNTY with all proposed plans for the Improvements and obtain COUNTY's
approval before commencement of work.
5. The District shall also perform all remediation necessary for the Lake
Trafford site to be suitable for recreational OHV use and passive recreation as
acceptable to the federal and State of Florida Department of Environmental Protection
(DEP) applicable standards or site specific risk assessment/corrective action values
(' acceptable to FDEP and consistent with the Conceptual Site Plan. Upon completion of
Agreement Between the South Florida Water Management District and Collier County
Page 5 01 8
Agenda Item No. 10C
June 10, 2008
Page 8 of 38
the provisions in this numbered paragraph, the District shall provide COUNTY with
written notice of satisfactory completion of the Improvements and remediation and
copies of all environmental reports and soil samplings. COUNTY shall have sixty (60)
days within which to conduct its own investigation and property inspection in order to
verify the fitness of the Lake Trafford site for its intended use and compliance with
Paragraphs 4 and 5 herein, and District will provide COUNTY with access to the site for
this purpose. The COUNTY shall notify District within this time period of any objection
to title or its objection to the physical condition of the Lake Trafford site as either not
conforming with the approved plans as provided in Paragraph 4 or failing to have been
remediated as provided herein. Failure of COUNTY to provide District with written
notice of its objection within this time period shall be deemed an acceptance of the site.
If no objection is made, District at no cost to the COUNTY, shall convey title to the Lake
Trafford site by Quitclaim Deed to COUNTY.
6. If the COUNTY notifies District of a proper objection in accordance
with paragraph five (5) (hereinafter "objection"), District shall use its best efforts to
correct COUNTY's objection to the Lake Trafford site. If District fails to correct the
objection after sixty (60) days, then COUNTY, at its election, may undertake its own
efforts to remedy the objection at District's expense and delay acceptance of the Lake
Trafford site until such time as the objection is remedied and the expense of such
remedial action paid in full by District, or may refuse acceptance of the site.
7. The District will assist the COUNTY in acquiring a boat ramp in Collier
County for public use. Recognizing that the acquisition of waterfront land through
voluntary sale may be extremely difficult and significantly over-priced, the parties agree
Agreement Between the South Florida Water Management District and Collier County
Page 6 of 8
Agenda Item NO.1 OC
June 10,2008
Page 9 of 38
that this obligation can be met by DISTRICT with a monetary contribution to COUNTY in
the amount of $ 585,000.
8. The District will have no affirmative obligation under the October 2003
Agreement (2003 Agreement) between the District, the County, and the Board of
Trustees of the Intemallmprovement Trust Fund (Trustees) to maintain the roadways
and/or provide access in Picayune Strand and the areas identified in the 2003
Agreement. It is the intent of the parties as represented in previous Chapter 164
discussions with counsel for the Board of Trustees that the State of Florida Division of
Forestry (DOF) shall have the sole responsibility for the maintenance of the roads and
the providing of access in Picayune Strand and areas referenced in the 2003
Agreement.
9. It is the intent of District and COUNTY to be bound by the terms of this
Agreement and any terms of this Agreement that conflict with the October 2003
Agreement shall be deemed to supersede and replace in their totality the conflicting
terms of the 2003 Agreement.
10. However, since the Trustees were a signator to the 2003 Agreement, it is
the intent of District and COUNTY to enter into a written agreement with the Trustees
whereby the Trustees formally confirm their understanding of this modification of the
terms of the 2003 Agreement consistent with the terms set forth herein. Both the
District and County agree to cooperate and communicate with DEP to properly
effectuate DEP and/or Trustee's approval of this road maintenance/access modification
provision.
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Agreement Between the South Florida Water Management District and Collier County
Page 7 01 8
Agenda Item No. 10C
June 10, 2008
Page 10 of 38
11. In the event District defaults under Paragraph 2 of this Supplemental
Agreement, COUNTY shall be entitled to the fair market rental value of the Interim Site,
on a monthly basis until such time as the Lake Trafford site is suitable for ATV use or
has been accepted by COUNTY. In the event the Alico lease is terminated prior to the
Lake Trafford site being accepted by the County, the District will exercise its best efforts
to promptly provide a comparable alternative interim site and the District and County
shall have the same obligations relative to the interim site referenced in this agreement.
If District is unable to extend the Alico lease or provide an alternative interim site until
such time as the Lake Trafford site is accepted by COUNTY but does otherwise tender
the Lake Trafford site in compliance herewith, the District shall pay to COUNTY the fair
market rental value of the Interim Site as provided herein.
12. The effective date of this Supplemental Agreement is the date this
document is executed by the last signing party.
13. COUNTY intends to pursue zoning approval for the proposed OHV use of
the Lake Trafford site in advance of its acceptance by COUNTY. District agrees to
cooperate with COUNTY in this endeavor, including, but not limited to, providing written
consents where needed, sharing all environmental reports about the property, providing
access to the site, and the like. Moreover, the parties agree to cooperate with each
other and undertake any action deemed reasonably necessary to facilitate the
performance of the mutual obligations contained herein
. Agreement Between the South Florida Water Management District and Collier County
Page 8 of 8
Agenda Item NO.1 OC
June 10, 2008
Page 11 of 38
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ATTEST:
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Approved as to Form
and Legal Sufficiency
BY~ V~~
Assistant County Attorney
Date: 'f) - c;. 2, - 01-
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SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, By Its Governing Board
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By:
Eric rmann, Chairman
Date: ~/I~/ f) 7
COLLIER COUNTY, By its Board of County
Commissioners
By Nt#
Date:
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~_~C.~~~c..__'--.. Agenda Item No. 10C
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Page TT6f3F
RECEIVED .
:" ISTR1CT CLERK'S OFfICE
Contract No.
l~AY 21 ZUOi ~: 26 Prl (
$OUTH FLOHlDA _
<J\TER rtl\NAGEl"iEriT DlSTRfC!
LEASE AGREEMENT
BETWEEN THE
ALICO, INC.
AND
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
This LEASE AGREEMENT ("LEASE"), is entered into this ')II day of ~ 2007,
by and between "the Parties," and ALICO, INC., a corporation of the State of Florida!with its
principal office at 640 Main Street, LaBelle, Florida 33935 (the "LESSOR"), and the SOUTH
FLORIDA WATER MANAGEMENT DISTRlcr, a public corporation oftlle State of Florida,
with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose
mailing address is Post Office Box 24680, West Palm Beach Florida 33416-4680 (the "LESSEE").
WITNESSETH:
WHEREAS, the LESSOR holds title to certain lands containing 150 acres, more or less,
as shown in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises");
and
WHEREA:Si the LESSEE desires to lease the Premises for the purposes of establishing a
public all terrain vehicle ("ATV") recreational fucility to be operated and managed by Collier
County; and
WHEREAS, the LESSEE is empowered to enter into contracts with public agencies,
private corporations or other persons, pursuant to Section 373.083(1), Florida Statutes;
WHEREAS, the LESSOR is amenable to leasing the Premises for purposes of providing a
public outdoor ATV recreational fucility; and
NOW THEREFORE, in consideration of the duties, responsibilities, obligations and
covenants herein contained to be kept and performed by the LESSEE, the LESSOR does hereby
lease to the LESSEE the Premises in accordance with the fullowing terms, conditions, covenants
and provisions:
L DESCRIPTION OF PREMISES: The property subject to tl:ri.s LEASE is situated in
the County of Collier, State of Florida and is more particularly shown in Exhibit "A" attached
hereto and hereinafter called the "Premises"_
EXHIBIT
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Page 14 of 38
2. TERM: The term of this LEASE (the "Lease Term") shall be for a period of one (I) year,
commencing on July I, 2007 (the "Commencement Date") and ending on June 30,2008 (the
"Expiration Date"), unless sooner terminated pursuant to the provisions of this LEASE. For Ten
Dollars ($10.00) consideration, the receipt and sufficiency of which is hereby acknowledged as part
of the first Rent payment made hereunder, and provided LESSEE has not defaulted under any
terms, conditions, covenants or provisions of this LEASE, and further provided this LEASE has
not been terminated pursuant to any other provision of the LEASE, then LESSEE shall have the
option to renew the Lease Term fur one (I) additional one (I) year consecutive lease term (the
"Renewal Lease Term"), provided LESSOR receives from LESSEE written notice of LESSEE's
exercise of LESSEE's option to renew no later than one hundred eighty (180) days prior to the
expiration date ofthe Lease Term. In the event LESSEE properly exercises its option to renew this
LEASE, then the expiration date shall be extended fur a period of one year. In the event LESSEE
fails to exercise its option to extend for the Renewal Lease Term or fails to properly or timely
exercise its option to extend fur the Renewal Lease Term, the LESSEE shall automatically be
deemed to have waived its right to extend the Lease Term for the Renewal Lease Term, unless
otherwise allowed by LESSOR All terms, conditions, covenants and conditions of this LEASE
shall apply during the Renewal Lease Term, if applicable.
3. PURPOSE: This LEASE is to provide a site for the establishment of a public outdoor
ATV recreational facility. Th" Premises shall be managed by Collier County (the "County")
which shall also be solely responsible for the operation and maintenance of the facility. The
facility shall be open for public use during daylight hours only (after 8:00 am. and befure 7:00
p.m) three weekends per month. For purposes of this LEASE, "weekend" shall be defined as
Saturday, Sunday and extended national holiday weekends which include either a Monday or
Friday, such as Labor Day or Memorial Day weekend. The Parties acknowledge and agree that
the hours per day and/or number of days per month that the Premises are open for public use may
not be increased or revised without the prior written consent of LESSOR, which consent will not
be unreasonably withheld. LESSOR agree:{thril it will consider an enlargement of these hOUTS
of operation after the initial term of the Lease. LESSEE shall provide, or cause to be provided,
on site management during all times that the Premises is open fur public A TV use, including a
gatekeeper stationed at the gate to be constructed at the public entrance to the Premises and
another gatekeeper stationed at the existing gate along the boundary line between the Premises
and LESSOR's adjacent property. The County's on site managers shall be equipped with a fire
extinguisher and a shovel for use as a first line 0 f defense in the event fire threatens the Premises
while they are on the site. The emergency telephone numbers for the local fire department and
emergency medical response unit, the Collier County Sheriffs Department and the A1ico Fire
Management officers shall be posted at the gatekeepers' stations. In addition, LESSEE shall
also require all ATV's entering the Premises to be equipped with GPS tracking devices to enable
LESSEE or the County, as manager of the Premises, to monitor the ATVs to insure they do not
enter those environmentally sensitive portions of the Premises which are depicted generally on
Exhibit "A," or adjacent properties, closed to public recreational ATV use. No fuel shall be
bought, sold or stored on the Premises.
4. RENT: As consideration for the rights conferred upon the LESSEE by the LESSOR
pursuant to this LEASE, the LESSEE shall pay to the LESSOR a yearly rental in the amount of
Eighteen Thousand Dollars ($18,000.00) ("Rent"); together with all applicable sales and use taxes.
2
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Page 15 of 38
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The first payment of Rent shall due on the Commencement Date and all subsequent Rent payments
shall be due on the anniversary date thereof through the expiration or earlier termination of the
Lease Term, including the Renewal Lease Term, if applicable. All applicable sales and use taxes
shall be added to the Rent payments during the Lease Term and shall be paid to the LESSOR by
the LESSEE.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE and its employees, contractors
and agents shall have the right of ingress and egress to, from and upon the Premises for all
purposes necessary for the full quiet enjoyment by said LESSEE of the rights conveyed herein.
6. UNAUTHORIZED USE: LESSEE shall, through its agents, employees and contractors,
prevent the unauthorized use of the Premises or aily use thereof not in conformance with this
LEASE. LESSEE acknowledges and agrees that this LEASE does not give LESSEE any right
or interest in or to any lands owned by LESSOR beyond the Premises as identified in Exhibit
"A" attached hereto.
7. RIGHT OF INSPECTION: LESSOR or its duly authorized agents shall have the right
at any and all times to inspect the Premises and the works and operations thereon of LESSEE, in
any matter pertaining to this LEASE.
8. LIABILITY/INSURANCE: The LESSEE warrants and represents that it is self-funded
for Worker's Compensation and liability insurance, covering at a minimum bodily injury,
personal injury and property damage with protection being applicable to the LESSEE's officers,
employees, servants and agents while acting within the scope of their employment during
performance under this LEASE. The LESSEE and the LESSOR further agree that nothing
contained herein shall be construed or interpreted as (I) denying to either party any remedy or
defense available to such party under thelaws of the State of Florida; (2Lth~ cQnsentofthe State
()'{Pfdfida or its agents and agencies to be sued; (3) a wai~er, exp;ess ~'r~pli~d, of LESSEE's
sovereign immunity ofthe beyond the waiver provided in Section 768.28, Florida Statutes; or (4)
a waiver, express or implied, of the limitations of LESSEE's liability provided in Section
373.1395, Florida Statutes.
In the event the LESSEE subcontracts any part or all of the work hereunder to any non-
governmental third party, the LESSEE shall require each and every subcontractor to identify the
LESSOR as an additional insured on all insurance policies as required by the LESSEE. Any
contract awarded by the LESSEE for work under this LEASE shall include a provision whereby
the LESSEE's nongovernmental subcontractor agrees to defend, indemnify, and pay on behalf;
save and hold the LESSOR harmless from all damages arising in connection with the
LESSEE's subcontract
For value received, which is hereby acknowledged, LESSOR shall indemnify and hold
LESSEE, its agents, assigns, and employees, harmless from any and all claims or causes of
action, including without limitation, all damages, losses, liabilities, expenses, costs, and
r. attorney's fees related to such claims, resulting from any negligent or intentional act or omission,
\ or the violation of any federa~ state, or local law or regulation, by LESSOR, its sub lessees,
agents, assigns, invitees, or employees in connection with this LEASE.
3
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Page 16 of 38
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This paragraph 8 shall survive the expiration or termination ofthe LEASE.
9. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE,
LESSEE shall surrender the Premises to LESSOR In the event no further use of the Premises
or any part thereof is needed, written notification shall be made to LESSOR, at least sixty (60)
days prior to the release of all or any part of the Premises. Notification shall include this
LEASE number and an explanation of the release, including a description of the portion of the
Premises to be released if a partial release is requested by LESSEE. The release shall only be
valid if approved by LESSOR through execution of a partial release or termination, as
applicable, of lease instrument with the same formality as this LEASE. On or before
commencing construction of any improvements on the Premises, LESSEE, at its sole cost and
expense, shall. conduct an assessment of the Premises, including photographing the Premises, to
establish the condition of the Premises prior to the construction of any improvements by
LESSEE (the "Assessment"), LESSEE shall provide a copy of the Assessment to LESSOR
prior to commencing construction. Upon release of all or any part of the Premises from this
LEASE or upon expiration or termination of this LEASE, all permanent improvements,
including both physical structures and, modifications to the Premises, shall become the property
of LESSOR; unless LESSOR gives written notice to LESSEE to remove any or all such
improvements at the expense of LESSEE. The decision to retain any improvements upon
termination of this LEASE shall be at LESSOR sole discretion. Prior to surrender of all or any
part of the Premises, a representative of LESSOR shall perform an on-site inspection and the
keys to any buildings on the Premises shall be turned over to LESSOR Prior to the expiration
or earlier termination of the LEASE, LESSEE shall use its best effurts to return the Premises, or
cause the Premises to be returned, to the condition in which it existed as of the Commencement
Date of this LEASE, as descnbed in the Assessment, provided, LESSOR does not otherwise
, " ':~" r. _' ,',. "" .' ' .' ' . '. ," -. . .; ~'i ~'....,,' ,.~. '
request LESSEE to ailow ieave intact some or all improvements made to the Premises during
the Lease Term, including the Lease Term Renewal, if applicable, as provided in paragraph 12
hereinbelow.
In the event LESSEE does not return the Premises, or cause the Premises to be returned, to the
condition in which it existed as of the Commencement Date, as descnbed in the Assessment,
prior to the expiration or earlier termination of the LEASE, LESSEE may remain on the
Premises for not more than one year after the expiration or earlier termination ofthe initial Lease
Term or the Renewal Period, as applicable for the sole purpose of returning the Premises to the
condition descnbed in the Assessment. Said additional one year period of occupancy shall
hereinafter be referred to as the "Remediation Term", As consideration for LESSEE's occupancy
of the Premises during the Remediation Tenn, LESSEE shall pay LESSOR additional Rent in
the amount $18,000.00, together with all applicable sales and use taxes, with said rental payment
due on or before the expiration or earlier termination date of the Lease Term or the Renewal Tenn,
as applicable. In the event LESSEE completes the remediation and vacates the Premises prior to
the expiration of the Remediation Term, LESSOR shall return to LESSEE a prorata share ofthe
rental fee paid by LESSEE for such period, based on the ratio of the number of days remaining in
the Remediation Term. During the Remediation Term, the Parties shall remain responsible for all
other t=s and conditions relative to LESSEE's occupancy of the Premises set forth in this
4
Agenda Item No. 10C
June 10, 2008
.. .. Page 17 of 38 u .~.
-~ -~--, '---.,..---,-.---.-..-
LEASE; provided, however, that all use of the Premises as a public ATV recreational facility shall
cease as of the expiration or earlier termination of the Lease Term or the Renewal Term, as
applicable, and LESSEE's use of the Premises during the Remediation Term shall be limited to
returning the Premises to the condition in which it existed as of the date Commencement Date, as
described in the Assessment.
10. UTILITY FEES: LESSEE shall be responsible for the payment of all charges fur the
furnishing of gas, electricity, water aild other public utilities, if any, to the Premises and for
having all utilities turned off when the Premises are surrendered.
II. ASSIGNMENT: This LEASE shall not be assigned in whole or in part without the prior
written consent of LESSOR. Any assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal effect.
12. PLACEMENT AND RBMOV AL OF IMPROVEMENTS: All buildings, structures,
improvements, and signs shall be constructed at the expense of LESSEE. Removable equipment
or structures placed on the Premises by LESSEE or LESSEE's employees, contractors or agents
which does not become a permanent part of the Premises shall remain the property of LESSEE
or LESSEE's employees, contractors or agents, as applicable, and may be removed by LESSEE
. or LESSEE's employees, contractors or agents, as applicable, upon tei:minatioil of this LEASE.
The Parties acknowledge and agree that LESSEE, at its sole cost and expense, shall have the
right to make improvements to the Premises in connection with the establishment of a public
A TV recreational facility on the Premises, including without limitation, the construction of a
parking lot and entranceway. The LESSEE shall also be responsible for installing, or causing to
be installed, fencing along the boundaries of the Premises hut only if existing fencing proves
inadequate to prevent trespass onto adjacent 'lands and signage setting furth the restrictions,
inCluding any applicable rules promulgated by the LESSEE and ordinances adopted the County,
governing the public's USe ofth6Premises. The LESSEE"sh!tll also fence off any wetlands
located on the Premises with hay bails and siltation devices to indicate which areas are closed to
public ATV use. The aforesaid fencing, hay bails and siltation devices shall be maintained by
the LESSEE or the County, as the LESSEE's contractor, during the term of the LEASE. Upon
the expiration or earlier termination of the LEASE, LESSEE shall return the Premises to the
condition in which it existed as of the Commencement Date, as descnbed in the Assessment;
provided, however, that LESSOR shall have the right to have any or all of the improvements
made by LESSEE remain on the Premises by providing written notice to LESSEE not less than
sixty (60) days prior to the expiration or earlier tei:mination of the LEASE. In the event
LESSOR provides such notice to LESSEE, LESSEE shall have no further obligation to remove
the permanent improvements referenced in such notice and they shall become the property of the
LESSOR upon the expiration or earlier termination of the LEASE.
13. ENTIRE UNDERSTANDING: This LEASE sets forth the entire understanding between
the Parties and shall only be amended with the prior written approval of LESSOR.
r 14. TERMINATION: It is the policy of the LESSEE to encourage good business practices
\ by requiring contractors to materially perform in accordance with the terms and conditions ofthe
LEASE. In accordance with DISTRICT Rule 40E-7, Part II, FAC., "material breach" is
5
Agenda Item NO.1 OC
- :__:~t(},-:m:08-
Page TIlOf31f'---
--
-.--------
defined as any substantial, unexcused non-performance by failing to perform an act that is an
important part of the transaction or performing an act inconsistent with the terms and conditions
ofthe LEASE.
If the either party materially fails to fulfill its obligations under this LEASE, the other
party will provide written notice of the deficiency by forwarding a Cure Notice citing the
specific nature of the material breach. The defaulting party shall have thirty (30) days to cure the
breach. If the defaulting party fails to cure the breach within the thirty (30) day period, the other
party shall issue a Termination for Default Notice. In the event the LESSEE has notified the
LESSOR that it has materially breached the LEASE, by sending a Termination for Default
Notice, the DISTRICT's Governing Board shall determine whether the LESSOR should be
suspended from doing future work with the LESSEE, and if so, for what period of time. The
DISTRICT's Governing Board will consider the factors detailed in Rule 40E-7, Part II, FAC.
in making a determination as to whether the LESSOR should be suspended, and if so, for what
period of time. Should the LESSEE terminate for default in accordance with this provision, the
LESSEE shall be entitled to recover reprocurement costs in addition to all other remedies under
law and/or equity.
The LESSEE may terminate this LEASE with or without cause at any time fur convenience
upon thirty (30) calendar days. prior written notice to the LESSOR The perfurmance of work
under this LEASE may be terminated by the LESSEE in accordance with this clause in whole, or
from time to time in part, whenever the LESSEE shall determine that such termination is in the best
interest of the LESSEE. Any such termination shall be effected by delivery to the LESSOR of a
Notice of Termination specitying the extent to which the LEASE is terminated, and the date upon
which such termination becomes effective. Provided LESSEE is not otherwise in default, in the
event of such t=ination by LESSEE, the LESSOR shall return the prorated share of rental fee
paid by the LESSEE for the thcn current term of this LEASE. Notwithstanding anything
cont;:cined herein,to the contrary, the Parties hereto acknowledge and agree that, in the e"entth~
LESSEE elects to terminate this LEASE with or without cause for convenience as provided
hereinabove, LESSEE shall remain obligated to return the Premises to the condition in which it
existed as of the Commencement Date, as described in the Assessment, as otherwise provided in
this LEASE.
15. The LESSEE shall maintain records and the LESSOR shall have inspection and audit
rights as follows:
a Maintenance of Records: The Parties shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or per1Drmance of this LEASE
including supporting documentation for any service rates, expenses, research or reports. Such
records shall be maintained and made available for inspection for a period of five years from the
expiration or earlier t=ination of this LEASE.
b. Examination of Records: The LESSEE or its designated agent shall have the right
to examine in accordance with generally accepted governmental auditing standards all records
directly related to this LEASE. Such examination may be made only within five years from the date
of expiratiDn or earlier t=ination oftbis LEASE and upon reasonable notice, time and place.
6
. .... dAgengaltem No. 10C
.--.-. --... ..-..-----...~..-----dtfne 10 200a-
-------- Page .19-0(38 ..
".,---"-~,,-.--...-..
c. Extended Availability of Records for Legal Disnutes: In the event that the LESSEE
should become invo Ived in a legal dispute with a third party arising from performance under this
LEASE, the LESSOR shall extend the period of maintenance for all records relating to the LEASE
until the final disposition of the legal dispute, and all such records shall be made readily available to
the LESSEE.
16. NO WAIVER OF BREACH: The failure of any party to this LEASE to insist in anyone
or more instances upon strict performance of anyone or more of the covenants, terms and
conditions of this LEASE shall not be construed as a waiver of such covenants, terms and
conditions, but the same shall continue in full force and effect, and no waiver of any party of any
one of the provisions hereof shall in any event be deemed to have been made unless the waiver is
set forth in writing, signed by all Parties.
17. NON-DISCRIMINATION: No party hereto shall discriminate against any individual
because of that individual's race, color, religion, sex, national origin, age, handicap, or marital
status with respect to any activity occurring within the Premises or upon lands adjacent to and
used as an adjunct 0 f the Premises.
18. TIME: Time is expressly declared to be ofthe essence of this LEASE.
19. GOVERNING LAW: The laws of the State of Florida shall govern all aspects of this
LEASE. In the event it is necessary fur either party to initiate legal action regarding this LEASE,
venue shall be in the Fifteenth Judicial Circuit fur claims under state law and in the Southern
District ofFlorida fur any claims which are justiciable in federal court.
20. SECTION CAPTIONS: Articles, subsections and other captions contained in this
LEASE are fur reference purposes only and are in no way intended to descnbe, interpret, define
or limit the scope, extent or interifhfthis LEASE'Q'F 3iiy provisions thereof
21. PROJECT MANAGEMENTINOTICE: The Parties shall direct all technical matters
arising in connection with the performance of this LEASE, other than invoices and notices, to
the attention of the respective Project Managers specified below for attempted resolution or
action. The Project Managers shall be responsible for overall coordination and oversight relating
to the perfurmance of this Agreement. The LESSOR shall direct all administrative matters,
including invoices and notices, to the attention of the LESSEE's Contract Specialist specified
below.
All formal notices between the Parties under this LEASE shall be in writing. All notices
required by this LEASE, provided they are addressed as set forth below, shall be considered
delivered: (i) on the date delivered if by hand delivery, (ii) on the date upon which the return
receipt is signed or delivery is refused or the notice is designated by the postal authorities as not
deliverable, as the case may be, if mailed by certified mail return receipt requested and (iii) one day
after such notice is deposited with any form of overnight mail service for next day delivery. Either
f' party may change its address by providing prior written notice to the other of any change of
I address.
7
Agenda Item No. 10C
~~Aft.2fiO.8,c
Page LO O! ,,~ .
All correspondence to the LESSEE under this LEASE shall reference the LESSEE's
Contract Number and should be copied to the County to the attention of Marla Rmnsey,
Administrator, at the address given below.
-,~"-' .-.!: .',
8
.._~.., :-:-u,........._' ._
. Agenda Item NO.1 OC
.l.'L:.._:~~ _____. June.l 0,2008. ._~::::_:.
-------.- ---l'age2l6f3~
LESSEE:
Project Manager:
Contract Specialist:
South Florida Water Management District
P. O. Box 24680
West Palm Beach, FL 33416-4680
LESSOR:
John R. Alexander
CEO
Alico, Inc.
640 South Main Street
LaBeIle, FL 33935
COUNTY:
Marla Ramsey, Administrator
Public Services Division,
3301 Tamiarni Trail East
Naples, Florida, 34I12.
22. EXISTING INTEREST IN LEASED PREMISES: The LESSOR warrants and
represents that it has title to the Premises.
'. .~,_c.. ..-~.
23. MISCELLANEOUS PROVISIONS:
a. Invalidity of Lease Provision: Should any term or provision of this LEASE be
held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during
the term hereof; by force of any statute, law or ruling of any furm of competent jurisdiction, such
invalidity shall not affect any other term or provision of this LEASE, to the extent that the
LEASE shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
b. Inconsistencies: In the event any provisions of this LEASE shall conflict, or
appear to conflict, the LEASE, including all exlubits, attachments and all documents specificaIly
incorporated by reference, shall be interpreted as a whole to resolve any inconsistency.
('
\
c. Final Agreement: This LEASE states the entire understanding between the Parties
hereto and supersedes any written or oral representations, statements, negotiations, or agreements
to the contrary. The LESSOR recognizes that any representations, statements or negotiations
made by LESSEE's staff do not suffice to legally bind the LESSEE in a contractual relationship
unless they have been reduced to writing, authorized, and signed by an authorized representative
of the LESSEE. This LEASE shall bind the Parties, their assigns, and successors in interest.
9
Agenda Item No. 10C
June.10, 2008.'
... Page 22 of 38
-.-,
----- ---~--,._-~-_.~._-,--_.~._-
d. Survival: The provisions of paragraph 23(e) shall survive the expiration or
termination of this LEASE. In addition, any covenants, provisions or conditions set forth in this
. LEASE which by their terms bind the LESSEE or both the LESSOR and the LESSEE after the
expiration or termination of this LEASE, shall survive the expiration or termination of this
LEASE.
e. Waiver of Trial by Jury Provision: As an inducement to the LESSEE agreeing to
enter into this LEASE, the LESSOR and LESSEE hereby waive trial by jury in any action or
proceeding brought by one party against another party pertaining to any matter whatsoever
arising out of or in any way connected with this LEASE or the LESSEE's occupancy of the
Premises.
[ The LESSOR shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the LESSOR assert any
exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing
such exemption, by way of injunctive or other relief as provided by law, shall be upon the
LESSOR
24. RELATIONSHIP BETWEEN THE PARTIES:
A The Parties shall be considered independent contractors and neither party shall be
considered an employee or agent of the other party. Nothing in this LEASE shall be interpreted to
establish any relationship other than that of independent contractor between the Parties and their
respective employees, agents, subcontractors, or assigns during or after the perfurmance on this
LEASE. Both Parties are free to enter into contracts with other Parties fOr similar services.
B. It is the intent and understanding of the Parties that this LEASE is solely for
the benefit of the LESSEE, LESSOR and the County.. No person or entity other than the
LESSEE, LESSOR or the County shall have any rights or privileges under this LEASE in any
capacity whatsoever, either as third-party beneficiary or otherwise. Notwithstanding anything
contained herein to the contrary, the Parties hereto acknowledge and agree that LESSEE intends
to enter into an agreement with the County whereby the County shall be solely responsible for
the operation, management and maintenance of the Premises as a public ATV recreational facility
but not the restoration of the Premises required by this Lease.
C. The LESSOR shall not assign, delegate, sublease or otherwise transfer its
rights and obligations as set forth in this LEASE without the prior written conSent of the
LESSEE unless such transfer of the LESSOR's rights and/or obligations is Mne in conjunction
with the LESSOR's enrollment of the Premises in the Rural Land Stewardship Program,
specifically as part of the Rural Land Stewardship Sending Area which shall not require the prior
written consent of the LESSEE. Any other attempted assignment in violation of this provision
shall he void.
D. The LESSOR shall not pledge the LESSEE's credit or make the LESSEE a
guarantor of payment or surety for any LEASE, debt, obligation, judgment, lien, or any form of
indebtedness.
10
_ __,__._~g.",,-da]Il"'rTl1~Q'2boc _
. , ..' bing , 08
PageZf0f38-'- -
IN WITNESS WHEREOF, the Parties have caused this LEASE to be executed on the
day and year first above written.
LESSOR:
ALl CO, INC., a Florida Corporation
~N~~
Title:
ATTEST:
~~f:1~i[.;a'" /
Title: 00r or OL r.. I r
STATE OF 0or,J A
COUNTY OF ~ 0(),(-'\
The foregoing instrument was acknowledged befure me this ~ day of
~''t' ' 2007, by and 3"0\\1\ Q il\le 1.41\iU-
as . /0 of Alico CorporatlOn, a Flonda corporation, on behalf of the
corporation, who are personally known to me.
"....HI 11..111...................""
: _B.1olI\l..COUII .
;. CommI- 000451824 :,
: . e.pr.a 8.QI'21)08 :
5' . ~1hrU(800)432""'254!
:: PII:IridI Notary As.", Inc :
:......... --....................
Not Public, State of Florida
Su.Stt r\ B ~\(), llJl1"-
PrintIType Notary Name
Commission Number: ~ DO\.l51 qJL(
Commission Expires: Il( I) ~
('
11
Agenda Item NO.1 OC
- - --"~~"n~_.--JuAe..10 ..2008
------Page 24 of 38'
'.
LESSEE:
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
Director of Procure me
Office of Counsel Approved:
~ tJ...uz:- Date:S-.)/'''?
h. ro:?curcur==:~~F~v9.d: I
~~ Date5~/07
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this -.1:Lday of
~ ,2007, by Jo..c;t.i l'-{.C-God"'1and
as Director of Procurement of the South Florida Water Management District, on behalf of the
corporation, who is personally known to me.
Oil" CANDyeORREW
G"" ~ NaIaIy ppblle-SlSlB of Florida
_.;;;~ '~EJpiIosSep 12.2009
. '. CommIlOiOO'OD~
iU1' IlondecI By National NobIIy Assn.
~{.
Notary Public, S te of Florida
PrintIType Notary Name
Commission Number:
Commission Expires:
12
_.~-~~,~~.__.__.- ----...------ ----.-------
.-----..-..
Agend!l U'l[ll..No~JOC___,._,
....-::..-d~e:..zeee- '
Page 25 of 38
EXHIBIT "A"
, ';,'.',1 -r - ~." ','
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I
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----------~~
~._._~._._- .~.._--~~-~
AgendRltemNa.10C
_.~n_~'" . .~...JuDe 1.0,. 2008 ..
Page 27 of 38
.....,....,.."....,..,......._.
DESCRIPTION OF LANDS
BEING A PART OF SECTION 6,
TOWNSHIP 46 SOUTH, RANGE 30 EAST,
COLLIER COUNTY, FLORIDA.
(ALlCO INC. - SFWMD RECREATIONAL LEASE AREA - EXHIBIT "A")
ALL THAT PART OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE
30 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF SAID SECTION 6 SOUTH 89'55'51" EAST, 2092.15 FEET
TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID SECTION 6 SOUTH 89'55'51" EAST
130.27 FEET;
THENCE LEAVING SAID LINE SOUTH 04"45'10" EAST 34.63 FEET;
THENCE SOUTH 24'28'16" EAST 44.18 FEET;
THENCE SOUTH 60"15'38" EAST 29.47 FEET;
THENCE SOUTH 45'00'01" EAST 36.20 FEET;
THENCE SOUTH 53'07'33" EAST 36.56 FEET;
THENCE SOUTH 66'02'59" EAST 36.01 FEET;
THENCE SOUTH 62'50'41" EAST 29.49 FEET;
THENCE NORTH 90'00'00" EAST 120.66 FEET;
THENCE NORTH 74'27'59" EAST 68.30 FEET;
THENCE NORTH 74'28'45" EAST 68.30 FEET;
THENCE NORTH 41"10'56" EAST 38.88 FEET;
THENCE NORTH 56"18'50" EAST 52.73 FEET;
THENCE NORTH 85"14'49" EAST 44.03 FEET;
.. '. THENCE NORTH 78"40'45" EAST 37.29 FEET; ',~.
THENCE NORTH 84"18'02" EAST 36.74 FEET; .
THENCE NORTH 75'55'45" EAST 30.16 FEET;
THENCE NORTH 63'27'52" EAST 32.69 FEET;
THENCE SOUTH 37'55'00" EAST 130.12 FEET TO A POINT ON THE WESTERLY EDGE OF AN
EXISTING LIME-ROCK ROAD;
THENCE ALONG THE WESTERLY AND SOUTHERLY EDGE OF SAID LIME-ROCK ROAD FOR
THE FOLLOWING SIX (6) DESCRIBED COURSES:
1) SOUTH 21'05'38" EAST 151.85 FEET;
2) SOUTH 35"14'48" EAST 52.10 FEET;
3) SOUTH 56"13'18" EAST 55.02 FEET
4) SOUTH 70'59'49" EAST 470.64 FEET;
5) SOUTH 70"14'30" EAST 384.16 FEET;
6) SOUTH 80"11'35" EAST 157.89 FEET TO ITS tNTERSECTIONWITH A LINE LYING 1 FOOT
WEST OF AN EXISTING FENCE LINE;
THENCE LEAVING THE SOUTHERLY EDGE OF SAID LIME-ROCK ROAD AND ALONG A LINE
LYING 1 FOOT WEST OF AN EXISTING FENCE LINE, SOUTH 21'06'31" EAST 844.22 FEET;
THENCE LEAVING SAID LINE SOUTH 13'52'15" WEST 69.57 FEET;
THENCE SOUTH 51 '51'02" WEST 30.64 FEET;
THENCE SOUTH 51 '50'58" WEST 29.51 FEET;
THENCE SOUTH 50"42'27" WEST 51.96 FEET;
THENCE SOUTH 35'31 '39" WEST 31.45 FEET;
('
5J111J2OO1- 187153 Ver.ll2l- TOSSORNE
-
03J.12-519-OJl).-O
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June 10 2000==:.:::-
Page 28 of 38
DESCRIPllON OF LANDS
BEING A PART OF SECTION 6,
TOWNSHIP 46 SOIJT'H, RANGE 3D EAST,
COLLIER COUNTY, R..ORIOA.
Shflll20f3
THENCE SOUTH 55'00'24" WEST 44.64 FEET;
THENCE SOUTH 64'59'24" WEST 20.67 FEET;
THENCE SOUTH 61'58'47" EAST 47.37 FEET;
THENCE SOUTH 22'05'56" WEST 114.54 FEET;
THENCE SOUTH 13'34'17" WEST 98.12 FEET;
THENCE SOUTH 00'00'00" EAST130.52 FEET;
THENCE SOUTH 11'57'24" EAST 91.53 FEET;
THENCE NORTH 60'53'14" EAST 35.91 FEET;
THENCE NORTH 74'28'45" EAST 68.30 FEET;
THENCE NORTH 67'23'07" EAST 47.53 FEET;
THENCE NORTH 63'25'38" EAST 40.89 FEET;
THENCE NORTH 23'58'34" EAST 36.00 FEET;
THENCE NORTH 28'7'28" EAST 53.98 FEET;
THENCE NORTH 16'41'50" EAST 38.18 FEET;
THENCE NORTH 05'2'04" EAST 40.38 FEET;
THENCE NORTH 00'00'00" WEST 51.18 FEET;
THENCE NORTH 21'01'53" WEST 50.93 FEET;
THENCE NORTH 39'49'07" WEST 28.56 FEET;
THENCE NORTH 14'03'13" WEST 30.15 FEET;
THENCE NORTH 20'00'22" EAST 42.80 FEET;
THENCE RETURN TO THE LINE LYING 1 FOOT WEST OF THE EXISTING FENCE LINE NORTH
56"18'07" EAST 21.60 FEET;
THENCE SOUTH 21'04'02" EAST ALONG SAID LINE 1494.63 FEET;
THENCE LEAVING SAID LINE SOUTH 68'00'32" WEST 154,4 6 FEET;
THENCE NORTH 44'59'14" WEST 19.82 FEET;
THENCE NORTH 78'44'17" WEST 17.52 FEET;
THENCE NORTH 78"41 '1 0" WEST 35.34 FEET;
THENCE NORTH 56"18'36" WEST 37.38 FEET;
THENCE NORTHW41:Ej3" WEST 19.84 FEET;
THENCE NORTH 79'41'35" WEST 57,45 FEET;
THENCE NORTH 90'00'00" WEST 72:57 FEET;
THENCE SOUTH 85'54'42" WEST 26.73 FEET;
THENCE SOUTH 85'54'40" WEST 21.79 FEET;
THENCE SOUTH 65' 3'36" WEST 49.48 FEET;
THENCE SOUTH 75'57'39' WEST 57.00 FEET;
THENCE SOUTH 84'49'09" WEST 38.18 FEET;
THENCE SOUTH 57'31'19" WEST 45.06 FEET;
THENCE SOUTH 53'07'38" WEST 51.85 FEET;
THENCE SOUTH 04"47'12" EAST 41.61 FEET;
THENCE SOUTH 03'0'17" EAST 62.31 FEET;
THENCE SOUTH 05'43'04" EAST 9.18 FEET;
THENCE SOUTH 90'00'00" WEST 88.65 FEET;
THENCE SOUTH 89'06'06" WEST 883.58 FEET;
THENCE SOUTH 44"47'13" WEST 80,45 FEET;
THENCE SOUTH 03"46'23" EAST 39S.35 FEET;
THENCE NORTH 87'22'15" WEST 314.89 FEET;
THENCE SOUTH 72".35'14" WEST 200.16 FEET;
THENCE NORTH 88'31'45" WEST 437.06 FEET;
THENCE NORTH 13"45'29" WEST 223.02 FEET;
THENCE NORTH 76"14'31" EAST 151.41 FEET;
5tlSI20117.1S7153 Ver:IJ2J-TOSBORNE
=
OJ31::r.slll-ll3ll--0
.. Agenda Item NO.1 OC
.::='. .~=:.::_:=:.=-::- -"----:tnn-"..1O;-2008.
Page 29 of 38
DESCRIPTION OF LANDS
BEING A PART OF SECTION 6.
TOWNSHIP 46 SOUTH, RANGE 30 EAST,
COUIER COUN1Y. FLORIOA.
Shllet3of3
THENCE NORTH 13'45'29" WEST 181.00 FEET;
THENCE SOUTH 76'14'31" WEST 151.41 FEET;
THENCE NORTH 13'145'29" WEST 546.04 FEET
THENCE NORTH 00'00'00" EAST 629.39 FEET
THENCE NORTH 00'44'44" WEST 674.05 FEET;
THENCE NORTH 00'23'16"WEST 431.28 FEET;
THENCE NORTH 00'58'28" WEST 815.23 FEET;
THENCE NORTH 00'24'51" WEST 272.11 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 164.26 ACRES, MORE OR LESS.
SU8JECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 89'55'51" EAST, PER STATE PLANE
COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 1983/99.
PHYSICAL FEATURES SUCH AS ROADS AND FENCE LINES DESCRIBED HEREIN WERE
DIGITIZED FROM COLLIER COUNTY PROPERTY APPRAISERS AERIALS (2006).
BY
BRADLEY E. STOCKHAM, P.S.M.
DATE
PSM.#6390
WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL
SURVEYOR AND MAPPER.
REFERENCE WILSONMILLER DRAWING NUMBER 2H-118
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Temporary All Terrain Vehicle (ATV) Park.
Hours of Operation
Hours of operation are 9AM to 5PM, three weekends per month and select three day
weekends. Park Rangers will work from 8AM to 6PM.
Budget Assumptions
ATV Temporary Facility
Six (6) Month Start-up
Salaries/Fringe
Operating
Expenses
Capital
Expenditures
$29,033
$15,300
$29,990
$74,323
Total Expense
Capital Expenses
Three (3)ATV's
Two (2) ATV Trailers
One (I) 10' * 10' shed for an office
One (I) generator and (4) radios
SalarylFringelOperationaI Assumptions:
Three rangers will work during each day of the weekend (26)
Two will be patrolling the A TV riding area to ensure compliance and proper
riding techniques, and patrolling the entry road
One ranger will be stationed at the gate to collect memberships if applicable, this
ranger will ensure that the gates are kept closed
Also to ensure the proper number of rides are in the park at any given time
Enforce the normal parks and recreation park rules and safe A TV riding practices
Ju , ~
i Page 31 of 38
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Agenda Item NO.1 OC
June 10, 2008
Page 33 of 38
Exhibit "E"
Tract No. EK-lOO-OOl
Part of Sections 25 and 26, Township 46 South, Range 28 East, Collier County, Florida.
Commence at the Southeast corner of Section 25, Township 46 South, Range 28
East, Collier County, Florida, and run South 89000'55" West, along the South line of
said Section 25, a distance of 50.00 feet to the POINT OF BEGINNING of the land
herein described; thence, North 00033'38" West, parallel to the East line of said
Section 25, a distance of 320.00 feet; thence South 89000'55" West, parallel to the
South line of said Section 25, a distance of 210.00 feet; thence, North 00033'38"
West, parallel to the East line of said Section 25, a distance of 205.00 feet; thence,
South 89000'55" West, parallel to the South line of said Section 25, a distance of
250.00 feet; thence, North 00033'38" West, parallel to the East line of said Section
25; a distance of 1010.00 feet; thence, North 89000'55" East, parallel to the South
line of said Section 25, a distance of 510.00 feet, to the East line of said Section 25;
thence North 00033'38" West, along the East line of said Section 25, a distance of
1110.36 feet, to the East quarter corner of said Section 25; thence, North 00048'20"
West, along the East line of Section 25, a distance of 1215.37 feet; thence, South
88059'55" West, a distance of 5369.40 feet to the West line of said Section 25;
thence, South 88059'01" West, a distance of 2640.75 feet; thence, South 00037'27"
~- East, a distance of 520.03 feet; thence, South 87033'22" West, a distance of 434.44
feet; thence, South 15026'55" West, a distance of 476.50 feet; thence, South
56006'05" East, a distance of 619.80 feet; thence, South 04054'16" East, a distance of
1200.73 feet; thence, North 88046'54" East, a distance of 2634.91 feet to the East
line of Section 26; thence, South 01015'46" East, along the East line of said Section
26, a distance of 1330.27 feet, to the Southwest corner of Section 25; thence, North
88057'50" East, along the South line of said Section 25, a distance of 2665.79 feet, to
the South quarter corner of said Section 25; thence, North 89000'55" East, along the
South line of said Section 25, a distance of 2611.49 feet to the POINT OF
BEGINNING.
Together with the following non-exclusive easements for ingress and egress over and
across the following described parcel created by the mortgage recorded in Official
Record Book 1550, Page 1117, Public Records of Collier County, Florida.
The East 60.00 feet .of the Southeast quarter of the Southeast quarter of Section 26,
Township 46 South, Range 28 East, Collier County, Florida.
AND
The East 60.00 feet of Section 35, Township 46 South, Range 28 East, Collier County,
Florida, lying North of Pepper Road.
('
Containing 625.68 acres, more or less.
....
01-01-'08 09:31 FROM-BeE Service Center
2392638166
Agenda Item No. 10C
T-265 P00~~1U~S9Q8
Page 34 of 38
FISH AND WILDLIFE SERVICE
South F land. f.l;O~ Serv ices Off.ce
1339 20 Street
Vero !.teach, Floricla 32%0
United Shates Department of the Interior
January 3. 2008
Clarence S. Tears, Jr.
South Florida Water Management Distrie1
Big Cypress Basin
2640 Golden 6ate Parkway, Suite: 205
Naples, Florida 34105
Service Federal Activity Code: 41420-2007-FA..o388
Date Received: October 16,2007
Applicant: South Florida Warer Management Disll'ict
Project: OkaJoacoocltee Slough
Off-TOad Vehicle Site
County: wilier
DClIJ'Mr. Tears:
The Fish and Wildlife Service (Service) has.received your te.lepbone call and an e1TJailmessage
on October 16.2001, which provided updated wildlifeswveyinrormationfor the off-road
vehicle (ORV) trail-riding site on approximately 150 acres leased to the Sou1h Florida Water
Management District (District) by the Aclico Land Development Corporation. The proposed
trail-riding area is \lllimproved pastUre with seasonal wetlands located on the western edge
of OkalOllCooehee Slough in the northeastern COI"M'I' of Section 6. Township 46 South,
Range 46 Esst, wilier wunty. Florida.
The new information provid....d to the SelVice by the District indicates that the threatened
Audubon's crested caraeara (Poiybol'Ur planeu.t auduhnnii) is activclynesting in the soutbeast
com.er of the proposed OR V site and that fom! scraps and scat have been collected under the nest
tree. In evaluating project impacts to tlte eataeara. in south Florida, the Se.:viee defines a primllry
zone as 300 meters (985 feet), and a secondary zone as ) ,SOD l1leters (4,920 feet) outward ftom
the nest tree. Protection of the pJ1mary zone is very important particul81'ly during the nesting
season (November to April). and must be majntained in order to provide conditions for
successful reproduction. Il'l'\P3.C\ts during the active nesting period can be avoided by liming of
activities near the nest site. The information provided tQ the Service suggests that approximately
40 percent of the primary fmaging area for this Ilf'st tree falls within the area proposed for OR V
trails. The PJUximily and possible disturbance from the trail riding activitia arc likely tQ impact
borh nesting and foraging within the primary zone which could result in nestlings failing to
fledge.
TAKE PR1DE"1l.I:::J
tNAM ERICA --.-....(
'l.'Yj S3D l!:>3 ("
01-07-'08 09:31 FROM-BCE Service Center
2392638166
Agenda Item No. 10C
T-265 P00o;lv0~31Q.~
'P'age 3'5 0't:313
Clarellce Tears
Page 2
FedcnJly listed species are protected under the Endangered Species Act of 1973, as amended
(Act) (&7 Stat. 884; 16 U.S.C. 1531 el..eq.). Section 9 of the Act and implementing regulations
prohibIt the "ralo:" of any endangered Of threatened species. Take is defined to mean hlll'llSs,
harm, pursue, huot, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any
such conduct. Harm and harass are further defined in the Code of Federal Regulations; ha-r,dSs is
defined ll$ an intentional or negligent act or omission which creates the likelihood of injury to
wildlife by annoying it to such an exlcnt llS to significantly disrupt normal behavioral patterns
which include, but are not limited to, breeding, feeding, Qr sheltering. Harm is further defined as
an act which actually kills or injures wildlife. Therefore, any activity or omission includil'l.g
disruption or modification ofhabitat occupied by listed species which significantly alters their
behavior or creates the likeIilmod of injury or death may wnstitute a violation of section 9 of
tJleAcL
Und.er the Act, where there is no Federal nexus (e.g.. FedemJ Iluthorization or permit). a pt;vate
landowner who wishes to develop I..Ild may legally "take" listed species by obtaining an
Incidental Take Penuit in acwr:daoce with section 10(a). In this instaoce, a permit authorizing
incidental take can be issued by the: Service provided the applicant develops an approved Habitl\t.
Conservation Plan (Bep). An Hep mu!!t sllow (1) that the'tllking is incidental; (2) that impacts
to the species will be held to It minimum and UllI1voidable impacts mitigated; (3) that there mwt
be adequate funding for the plan; (4) that the 'I!lking wiU not jeopardiz,e the continued existenCe
of the species; and (5) other site specific needs that may develop on a case by case basis,
As proposed" the ORV plan would impact the primary Ullle SlDTounding a carncarn nest. We
look forwm:d to 'WOrldng with you at your earliest convenience to help avoid and minimize
impacts to li!l!ed species and describe in detail the process for obtaining.8 permit to authorize
lake () f li!l!ed species if necessary.
Thank you for your cooperation i.-I the effort to conserve fuh and wildlife resources. If you have
any.questions, please contact Todd Hopkins at 772-562-3909, extension 3 1 6.
ulSo
Field Supervisor
South Florida Ecological Services Offke
cc:
CoUier County Engineering and Enviromnental Services, Naples, Florida (WilJi3llJ D. Lorenz)
ColpS, Jacksonville, FlQrida (Skip BergrT1lUln)
FWC. Vero Beach, Florida (Joe Walsh)
('
Agenda Item NO.1 OC
June 10, 2008
Page 36 of 38
Dan L Gunter
President and COO
t/jJ):j)--"" '
\. ,',
.~,::i,.'
AlICO, INC.
Post Office Box 338 0 LaBelle, Florida 33975 L Office (863) 675-2966 0 Fax (863) 675-5199
March 5, 2008
Mr. Clarence Tears, Jr.
Director
Big Cypress Basin
Southwest Florida Water Management District
2640 Golden Gate Parkway, Suite 205
Naples, Florida 34105
Chairman of the Board of County Commissioners
Collier County Board of County Commission
3301 E. Tamiami Trail
Naples, Florida 34112
Re: ATV Lease
Dear Mr. Tears and Honorable Chairman of the Board of County Commissioners:
Last year, Alico entered into a year to year lease with the South Florida Water Management District
on property in A1ico's ownership for the potential development of a temporary A TV park. Over the
last several months, representatives of the Water Management District staff and the County staff
have worked with Wilson Miller to review environmental issues on the property. The presence of a
nesting pair of caracara has resulted in this property having environmental restrictions which will
severely limit the feasibility of creating this temporary ATVfacility.
The lease required a 180 day notice to renew. With the lease ending June 30, 2008, the iessee has
failed to exercise the option and therefore by contract. this iease will end June 30. 2008.
Alico applauds the Water Management District and the Board of County Commissioners of Collier
County for their efforts in trying to secure a temporary ATV site.
Thank you for your courtesies.
Sincerely,
dJfH'f\ ~
Dan Gunter, COO
President
Alico, Inc.
CC: John Dunnuck
(
Page 1 of 1
Agenda Item No. 10C
June 10, 2008
Page 38 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10C
Recommendation that the Board of County Commissioners provide staff direction related to
the Supplemental Agreement with South Florida Water Management District on the
Temporary All Terrain Vehicles (ATV) site (This is a companion Item to 12B)(Barry Williams.
Director. Parks and Recreation)
Meeting Date:
6/10/2008 90000 AM
Prepared By
Murda Smith
Beach and Water Superintendent
Date
Public Services
Parks and Recreation
1/11/20083:44:49 PM
Approved By
Murda Smith
Beach and Water Superintendent
Date
Public Services
Parks and Recreation
1/141200810:20 AM
Approved By
Barry Williams
Director
Date
Public Services
Parks and Recreation
3/13/200811:57 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/17/20085:08 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
5/29/20081:16 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/30/20088:20 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/30/200810:17 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/2/200811 :02 AM
file:l/C:IAgendaTestIExportll 09-June%20 1 0,%2020081 I 0.%20COUNTY%20MANAGER%... 6/4/2008