Backup Documents 09/10/2019 Item #16D17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
1 6 fl 1
7
�,�3TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office , /4 917/119
4. BCC Office Board of County $ •
.�
Commissioners .-14 or ) q do.p ,
5. Minutes and Records Clerk of Court's Office —t-C-- R I)*Ita 11' 144--
PRIMARY
1' 14 —
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Christal Segura/Parks and Recreation Phone Number 239-252-2495
Contact/ Department
Agenda Date Item was September 10,2019 Agenda Item Number 16.D.17.
Approved by the BCC
Type of Document Pepper Ranch Preserve Cattle Lease Number of Original J/
Attached Agreennent Documents Attached
02.
PO number or account 174-178987-649030
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? C4:1QK ,C-8"-- (fin I
1•
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Info lon(Name;Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CS
signature and initials are required.
-
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive,and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on September 10,2019 and all changes CS (no N/A is not
made during the meeting have been incorporated in the attached document. The changes) an option for
County Attorney's Office has reviewed the changes, if applicable. _ this line.
9. Initials of attorney verifying that the attached document is the version approved by the , N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16017
MEMORANDUM
Date: September 23, 2019
To: Christal Segura, Environmental Specialist
Parks & Recreation
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Pepper Ranch Preserve Cattle Lease Agreement
w/Hood Citrus Caretaking, Inc.
Attached for your records is one (1) original of the agreement referenced above,
(Item #1D6D17proved by the Board of County Commissioners on Tuesday,
September 10, 2019.
The Board's Minutes and Records Department will keep the original as part of the
Board's Official Record.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16017
Co County
Cattle Lease
Lease#
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 10th day of September, 2019, between
Hood Citrus Caretaking,Inc.,whose address is 1017 Lanet Avenue,Labelle,FL 33935,hereinafter referred
to as "LESSEE," and COLLIER COUNTY, Florida, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East,Naples,Florida 34112,hereinafter referred to as "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE 1. Demised Premises and Use
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR One thousand, Six
hundred and Thirty-six(1,636)acres of property described in Exhibit"A,"and shown in Exhibit"C,"which
is attached hereto and made a part of this Lease,hereinafter called the "Demised Premises," situated in the
County of Collier and the State of Florida, for the sole purpose of cattle grazing and incidental activities
that are directly related to beef cattle production.
All animal husbandry principles and practices applicable to the property and efficient use of grazing
resources shall be followed at all times. The LESSEE shall be responsible for the establishment and
implementation of sound grazing practices based on the best management guidelines of the U.S.
Department of Agriculture's National Resources Conservation Service(EXHIBIT"G").
Consistent with its status as a tenant the LESSEE will have exclusive use and possession of the
Demised Premises,however,the LESSOR may,as specified below: (i)alter its boundaries and/or(ii)make
use of portions of it for hunting EXHIBIT"I,"public access EXHIBIT"H,"and other activities consistent
with the Conservation Collier program,as described below in this Article 1 and in Article 16(d).LESSOR'S
use shall not, however, interfere with LESSEE'S permitted use of the Demised Premises, nor expose
LESSEE to liability to third parties based on the use that LESSOR is permitted to make of the Demises
Premises.
The Demised Premises is leased in its"As Is, Where Is, and With All Faults"condition. LESSEE
has examined the Demised Premises to its complete and total satisfaction and accepts it in its present
condition. LESSEE has had adequate opportunity to investigate the land use and zoning of the Demised
Premises and is satisfied that it can use the Demised Premises for LESSEE's purpose.
This LEASE AGREEMENT may be amended from time-to-time in order to change the size of the
Demised Premises as necessary to accomplish the goals,policies,and objectives of the Conservation Collier
Implementation Ordinance (Ordinance 02-63, as amended). LESSOR'S representative (e.g., Real Estate
Services Staff) shall advise LESSEE, in writing, of its intent to recommend that LESSOR amend this
LEASE AGREEMENT.
INSTR 5769212 OR 5676 PG 3438
RECORDED 9/24/2019 10:48 AM PAGES 23
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$197.00
1
C9
16017
Co er County
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5)years, commencing on
September 10,2019. LESSEE is granted the option,provided LESSEE is not in default of any of the terms
of this Lease, to renew same for two (2) additional terms of one (1) year, under the same terms and
conditions, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S
intention to do so to the LESSOR not less than thirty(30)days prior to the expiration of the leasehold estate
hereby created. LESSOR reserves the right to deny LESSEE, in writing, of any renewal term.
Both LESSOR and LESSEE reserve the right to terminate this lease, without cause, by providing
the other party with at least thirty (30) days written notice to the address set forth in ARTICLE 14 of this
Lease.
LESSEE and LESSOR reserve the right to terminate this Lease, with cause, upon default by the
other party as described in Article 12 and in Article 13,after any cure or grace period during the entire term
of this Lease, by providing the other party with thirty (30) days written notice to the address set forth in
ARTICLE 14 of this Lease.
Upon termination of this Lease by either party, LESSEE will have sixty (60) days to make
arrangements to remove the existing cattle,during which sixty(60)days the cattle must remain. LESSOR
will remit to LESSEE any prepaid and unearned rent for any period that exceeds sixty(30)days after such
60 days. During the sixty(60) day period that LESSEE remains in possession after termination, LESSEE
shall continue to have said mowing obligations as described in Article 3 or may pay rent prorated at the
amount described in Article 12,however, LESSEE shall not be liable for any interest thereon as described
in said Article 12. Such mowing or rent obligations shall cease when LESSEE vacates the Demised
Premises.
All notices shall be effective upon placement of the notice in an official depository of the United
States Post Office,Registered or Certified Mail,Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent the annual sum of Forty-one Thousand Two
Hundred Dollars and No Cents($41,200.00),payable quarterly in four equal sums of Ten-thousand Three
Hundred dollars and No Cents ($10,300.00), for grazing two-hundred (200) Animal Units (A.U.) within
the Demised Premises throughout the duration of the lease, subject to increases as provided in ARTICLE
4. During the Lease, LESSEE shall maintain the referenced number of Animal Units on the Demised
Premises, subject to the occasional need to replace or substitute Animal Units to maintain that number, as
necessary. LESSEE must certify to the Collier County Preserve Manager the number of A.U. it is keeping
on the Demised Premises at the time the LESSEE submits its Lease payment, along with a certification
stating the number and age class of Animal Units being grazed on the parcel.Rent shall be paid commencing
on the effective date provided in ARTICLE 2,with subsequent payments every three months thereafter for
each year of the Lease Agreement, including renewal terms.
Should Collier County require an adjustment to the number of A.U.'s allowed on the Demised
Premises, it shall provide written notice to the Lessee no less than sixty(60)days before such changes are
to take effect and the annual rent will be adjusted in accordance with the rate per A.U. bid by LESSEE.
In the event LESSEE elects to renew this Lease,as provided for in ARTICLE 2,the rent set forth
in ARTICLE 3 shall be increased utilizing the method outlined in ARTICLE 4.
2
CA
16017
Co er County
ARTICLE 4. Renewal Term Rent
In the event LESSEE elects to renew this Lease,as provided for in ARTICLE 2,the rent set forth
in ARTICLE 3 shall be increased for each ensuing one(1)year renewal term by five(5)percent from the
previous year,compounded.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration,improvement,change,or addition,along with the contemplated starting and
completion time for such project. LESSOR,or its designee,will then have sixty(60)days within which to
approve or deny in writing said request for changes,improvements,alterations or additions.LESSOR shall
not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or
additions proposed by LESSEE. If after sixty(60) days there has been no response from LESSOR, or its
designee, to said proposals or plans, then such silence shall be deemed as a denial to such request to
LESSEE.
LESSEE must maintain all fencing and gates needed to contain cattle or to protect water resources.
Any repairs or modifications made to existing fence infrastructure must be in compliance with LESSOR's
standards and materials as contained in the Specifications for 4-Strand Barbed Wire Fence Construction
EXHIBIT"F").
LESSEE covenants and agrees in connection with any maintenance repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules,regulations, and requirements of the United States of America, State of Florida, County
of Collier,and all governmental agencies.
All alterations, improvements and additions to the Demised Premises shall at once,when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof,or within thirty(30)days thereafter, if LESSOR so
directs,LESSEE shall promptly remove the additions, improvements,alterations,fixtures and installations
which were placed in, on,or upon the Demised Premises by LESSEE, and repair any damage occasioned
to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals
and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public
authority.
LESSEE shall not at any time set, or cause to be set, any fire on the Demised Premises without
prior notification to the Collier County Preserve Manager. The County may grant or refuse permission for
a prescribed burn in its sole discretion.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter
into and upon the Demised Premises or any part thereof at any time,without notice to the LESSEE,for the
3
0
16017
CA L1eY CiOltHty
purpose of examining the same and making repairs, inspecting or curing a default or nuisance,or providing
maintenance service therein, and for the purposes of inspection for compliance with the provisions of this
Lease Agreement. If LESSOR should need to utilize the property for any length of time,for any purpose,
the LESSOR shall advise the LESSEE of its intentions by oral notice.
LESSEE must not hunt, trap, fish or capture any wildlife upon the Demised Premises or allow
others to do so unless: (1)the Demised Premises is established by Collier County as a public hunting area
and hunting occurs in compliance with the laws and rules established for that area (EXHIBIT "I"); (2)
LESSEE obtains prior written approval from the Collier County Preserve Manager.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons to occupy same without written approval from the
LESSOR. Any such assignment or subletting,even with the consent of LESSOR,shall not relieve LESSEE
from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound
by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall
not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of
this Lease or subletting of the Demised Premises.
ARTICLE 9. Indemnity
LESSEE, in consideration of Ten Dollars($10.00),the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and
against any and all liability (statutory or otherwise), damages, claims, suits, demands,judgments, costs,
interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and
appellate levels)arising directly from any injury to,or death of,any person or persons or damage to property
(including loss of use thereof)related to(A)LESSEE'S use of the Demised Premises,(B)any work or thing
whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors)
by or on behalf of LESSEE in or about the Demised Premises,(C)any condition of the Demised Premises
due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this
Lease,or(D)any act,omission or negligence of LESSEE or its agents,contractors,employees,subtenants,
licensees or invitees.
It is acknowledged that in accord with the terms of this Lease(i)certain uses may be made of the
Demised Premises by the LESSOR and(ii)LESSOR may permit third parties to make use of the Demised
Premises. The Demised Premises is unimproved agricultural pasture lands and/or naturally vegetated areas.
LESSEE'S responsibilities for maintenance in accord with Article 11,and its responsibility and liability to
LESSOR under this Article 9 are and shall be based on the standards of care required of a tenant of lands
having the forgoing characteristics and uses and an absence of business invitees. In case any action or
proceeding is brought against LESSOR by reason of any one or more thereof,LESSEE shall pay all costs,
attorneys' fees, expenses and liabilities resulting there from and shall defend such action or proceeding if
LESSOR shall so request,at LESSEE'S expense,by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any injury or damage to person or property caused by the
elements or by other persons in the Demised Premises,or from the street or sub surface,or from any other
place, or for any interference caused by operations by or for a governmental authority in construction of
any public or quasi-public works. The LESSOR shall not be liable for any loss of livestock, livestock
operation, equipment, improvements, or any other property of LESSEE resulting from any public use,
4
16017
Co er County
The LESSOR shall not be liable for any damages to or loss of,including loss due to petty theft,any
property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the
LESSOR harmless from any claims for damages, except where such damage or injury is the result of the
gross negligence or willful misconduct of the LESSOR or its employees.
ARTICLE 10. Insurance
LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier
County Risk Management Department, for not less than an amount of One Million Dollars and No/100
Cents($1,000,000.00)throughout the term or any renewals thereof to this Agreement. In addition,LESSEE
shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's
Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each
accident.
Such insurance policy(ies)shall list Collier County as an additional insured thereon. Evidence of
such insurance shall be provided to the Collier County Risk Management Department,3335 Tamiami Trail
East, Suite 101,Naples,Florida,34112,for approval prior to the commencement of this Lease Agreement;
and shall include a provision requiring ten(10)days prior written notice to Collier County do County Risk
Management Department in the event of cancellation or changes in policy(ies)coverage.LESSOR reserves
the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE,
whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional
insurance.
LESSOR shall maintain such liability insurance,or self-funded liability reserves,as are appropriate
to protect itself and LESSEE from third party claims based on use of the Demised Premises that the
LESSOR is permitted to make, or allows third parties to make, in accord herewith.
ARTICLE 11. Maintenance
LESSEE shall be allowed to store,within the Demised Premises, in a location approved in writing
by the Collier County Preserve Manager, any functional maintenance equipment and supplies required for
activities directly related to beef cattle production on the Demised Premises.
LESSEE, at its sole cost and expense, shall mow the Six Hundred and Forty-Seven(647)acres of
improved pasture within the Demised Premises a minimum of one (1) time per year (EXHIBIT "D").
LESSEE may roller chop specific areas of pasture when needed to control exotic and woody plant growth.
LESSEE will notify the Collier County Preserve Manager before undertaking mowing or roller-chopping
activities. Any off-site mowers or other equipment must be cleaned thoroughly prior to entering the
Demised Premises to prevent the introduction of nuisance or exotic plant species. LESSEE shall develop
the mowing schedule and include variables such as excessive rainfall, drought or other unforeseen
conditions,and provide such schedule to the Collier County Preserve Manager.
Each individual improved pasture within the Demised Premises may include mineral feeders,
supplemental feed trough,and molasses feed tanks to control cattle concentration areas.A map of existing
fencing and pasture configurations can be found in EXHIBIT"E".No outside hay may be brought into the
Demised Premises to prevent introduction of nuisance or exotic plant species. Rotation of cattle shall
continue throughout the year on a scheduled basis. In the event there has been an extremely dry and cold
winter or an exceptionally wet season,the cattle will be managed by LESSEE to fit the available forage.
5
16017
Cofer County
LESSEE may not fertilize improved pasture areas.
Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of
water holes shall be prohibited.
LESSEE shall, at its sole cost and expense, keep the Demised Premises free from debris, litter,
abandoned equipment and vehicles, and the like, at all times. If said Demised Premises are not kept free
from debris, litter,abandoned equipment and vehicles,and the like, in the opinion of LESSOR,LESSEE'S
manager will be so advised in writing.If corrective action is not taken within ten(10)days of the receipt of
such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay
all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE
within ten (10)days of receipt of written notice of costs incurred by LESSOR.
The LESSEE,at its sole cost,shall repair all damage to the Demised Premises caused by LESSEE,
its employees,agents, independent contractors, guests, invitees, licensees,and patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all
applicable rules,laws and regulations,all non-naturally occurring solid,liquid,semisolid,and gaseous trash
and waste (but not animal waste) and refuse of any nature whatsoever which might accumulate and arise
from the operations of the LESSEE'S business. Such trash, waste and refuse shall be stored in closed
containers approved by the LESSOR.
LESSEE shall make monthly inspections of fences and gates used to contain cattle and make repairs
to the fencing as needed in compliance with LESSOR's standards and materials as contained in the
Specifications for 4-Strand Barbed Wire Fence Construction(EXHIBIT"F").
LESSOR shall be responsible for all invasive exotic plant maintenance treatments and prescribed
burning of non-pastureland habitats within the Demised Premises.
LESSEE must not apply or allow application of agricultural chemicals including herbicides or
pesticides on the Demised Premises without prior, written approval from the Collier County Preserve
Manager. If the County approves a request from LESSEE, LESSEE must,at a minimum: (1)comply with
all federal, state and local laws, best management practices, regulations and guidelines including those
administered by Florida Department of Agriculture and Consumer Services(FDACS);and(2)comply with
any other condition of the Collier County Preserve Manager written approval.
LESSEE shall be responsible for providing to the LESSOR, on an annual basis at the time of rent
payment,an inspection report of the property and its operations.At a minimum,the report must include the
information identified in the Annual Cattle Information Report(EXHIBIT"B").
LESSOR/ Collier County Preserve Manager shall visit the property at least semi-annually to
evaluate the management and grazing operation. The LESSOR/Collier County Preserve Manager and the
LESSEE/Managing Partner shall meet annually to review and, if necessary, revise any grazing and/or
pasture management plans.
LESSEE shall report any violation observed pertaining to rules and regulations promulgated by
Collier County or the Florida Fish and Wildlife Conservation Commission. LESSEE shall immediately
report any incidence of the following:
• Fire
• Vandalism
6
16017
Co er County
• Theft
• Poaching
• Trespassing
• Any hazard,condition or situation that may become a liability to the County or may be damaging to
the property or improvements on the property.
LESSEE has no affirmative duty to actively monitor conditions for discovery of such activities.
Any expense related to utilities used solely by the LESSEE shall be paid for by the LESSEE.
ARTICLE 12. Default by LESSEE
Failure of LESSEE to comply for thirty(30)days with any material provision or covenant of this
Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days
written notice to LESSEE, unless the default be cured within the notice period(or such additional time as
is reasonably required to correct such default).However,the occurrence of any of the following events shall
constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency,reorganization,plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment for the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in
addition to any other rights and remedies it may have, shall have the immediate right to enter and remove
all persons and property from the Demised Premises. Such property may be removed and stored in a public
warehouse or elsewhere at the cost of and for the account of LESSEE,all without service of notice or resort
to legal process and without being deemed guilty of trespass or being liable for any loss or damage which
may be occasioned thereby.
LESSOR may,at its option,terminate this Lease after receipt by LESSEE of thirty(30)days'notice
in writing if a lien is filed against the property or the leasehold interest of the LESSEE, and not removed
within thirty(30)days by LESSEE,pursuant to the Florida Mechanics Lien Law.
If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as
specified in this Lease,and if said amounts remain unpaid for more than ten(10)days past the due date,the
LESSEE shall pay LESSOR a late payment charge equal to five (5) percent of any payment not paid
promptly when due. Any amounts not paid promptly when due shall also accrue compounded interest of
two (2) percent per month or the highest interest rate then allowed by Florida law, whichever is higher,
which interest shall be paid by LESSEE to LESSOR.
7
0
16017
Coter County
ARTICLE 13. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days
(or at LESSOR'S sole discretion, such additional time as is reasonably required to correct such default)
after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such
obligations.
ARTICLE 14.Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
to the other party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners Justin Hood
do Real Property Management Hood Citrus Caretaking,Inc.
3335 Tamiami Trail East, Suite 101 1017 Lanet Avenue
Naples,Florida 34112 Labelle,FL 33935
cc: Office of the County Attorney cc:
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112
Conservation Collier Program Coordinator
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
ARTICLE 15. Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this
Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any
improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, in
as good condition and repair as the same shall be at the commencement of the term of this Lease or may
have been put by LESSOR or LESSEE during the continuance thereof,ordinary wear and tear and damage
by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16. General Provisions
LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming off
of the Demised Premises.
LESSEE shall give oral notice to the Collier County Preserve Manager at least three(3)days prior
to any planned cattle round-up or additional cattle release,to allow Environmental Specialist the option to
observe the cattle round-up or release.
At all times during the Lease, LESSEE shall maintain the designated number of Animal Units on
the Demised Premises as set forth in ARTICLE 3.Under no circumstance shall LESSEE maintain less than
one hundred and fifty(150)or more than two hundred(200)Animal Units at the Demised Premises without
written authorization from LESSOR. Increases to the maximum stocking rate shall be subject to acceptable
8
e
Goer County i 6 D 17
range conditions as determined by the Collier County Preserve Manager. Animal Units will be established
based on the following table:
Table 1: Animal Unit Equivalent Guide
Species Average Animal Unit
Weight Equivalent
(pounds) (AUE)
Cow,dry 950 0.92
Cow with calf 1,000 1.00
Bull,mature 1,500 1.35
Cattle, 1 year old 600 0.60
Cattle,2 year old 800 0.80
LESSEE shall have the right to camp overnight on the Demised Premises,at LESSEE'S own risk,
and shall be required to obtain any necessary permits, if required,for this use.
If LESSEE should elect to destroy sick cattle,any use of firearms shall be permitted by LESSOR
so long as LESSEE is legally permitted to possess such firearm in the County of Collier and/or the State
of Florida,as applicable.
LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by
LESSEE or his invitees upon the Demised Premises except as specifically allowed under this Lease.
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies for the above referenced Demised Premises is limited to that provided to any other
business or agency situated in Collier County,and acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of
LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable
under law.
If applicable,LESSEE agrees to pay all tangible personal property taxes that may be imposed due to
the creation,by this Lease,of a leasehold interest in the Demised Premises or LESSEE'S possession of said
leasehold interest in the Demised Premises.
LESSEE acknowledges that LESSOR will allow limited seasonal hunting on the Demised Premises
under the regulations of the Collier County Hunting Program.
ARTICLE 18.Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of
the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE,
and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming
9
CA
16017
Co er County
a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
ARTICLE 19. Quiet Enjoyment
Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on paying
the rental amount and performing the covenants, terms and conditions required of LESSEE contained
herein, shall peaceably and quietly have, hold and enjoy the Demised Premises and the leasehold estate
granted to LESSEE by virtue of this Lease Agreement.
ARTICLE 20. Waiver
No failure of LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver.
ARTICLE 21. Effective Date
This Lease shall become effective on September 10,2019.
ARTICLE 22. Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
ARTICLE 23. Assignment
LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by LESSEE.
LESSOR must be advised of any such assignment in writing prior to such assignment.
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED: a I an] (,C(
ATTE$."k:•' l ..Kinzel, BOARD OF COUNTY COMMISSIONERS
ConOrp4ibr and • ekk of Courts COLLIER COUN _• : IDA
Com - Cear_
- . I S:(
, �' � ty Clerk Wi Siam L. McDaniel,Jr.,Chairman
signatt e'only.
A'proved as to form and legality
.Teach
L__
Deputy County Attorney
10 S
CAO
1 6 D 7
(Atter c.,,40 Icy
AS TO LESSEE:
Hood Citrus Caretaking Inc.
Al
By: f
Justin Ho d,President
DATED:
WITNESSES:
A
(S •
ature
I . :AL
(Print Name)
(Signaturli
/ S )h/fl 140 C1
(Print Name)
11
CAO,
Co er County 1 6 D 1
110
Exhibit"A"
(Legal Description of Demised Property)
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half(E%z)of the East Half(E'/s)of the Southwest Quarter(SW 1/2)of the Southeast
Quarter(SPA)of Section 22,Township 46 South,Range 28 East,Collier County, Florida,being more particularly
described as follows:
Commence at the Southeast corner of Section 22,Township 46 South,Range 28 East,Collier County,
Florida; thence run S 88°57'47" W, along the south line of the Southeast Quarter (SE'/.) of said
Section 22 for a distance of 1320.38 feet to the Point of Beginning of the parcel of land herein
described;thence continue S 88°57'47"W,along the south line of the Southeast Quarter(SE%)of said
Section 22,for a distance of 330.09 feet;thence run N 00°31'18"W for a distance of 1342.51 feet;
thence run N 88°58'31"E for a distance of 330.12 feet;thence run S 00°31'14"E,for a distance of
1342.44 feet to the Point of Beginning; containing 10.17 acres,more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28,Township 46 South.Range 28 East,Collier County,Florida;containing 645.47 acres more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27,Township 46 South,Range 28 East,Collier County,Florida;containing 643.59 acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 33,Township 46 South,Range 28 East,Collier County,Florida;containing 706.33 acres more or less.
AND
Property Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26,Township 46 South,Range 28 East,Collier County,Florida,being
more particularly described as follows:
The West Half(W'h) of Section 26, Township 46 South, Range 28 East, Collier County, Florida, less the North
1452.35 feet thereof and less the Southeast Quarter(SPA)of the Southwest Quarter(SW1/2)of said Section 26,and
less that parcel of land,as described and recorded in Official Records Book 2585 at Page 2735 through 2737,owned
by South Florida Water Management District with Tax Folio Number 00052640007;containing 185.91 acres,more or
less.
10
12
Colyer County 1 6 017
110
AND
Property Tax Identification Number: 00052680009
The Southeast Quarter(SE%,)of the Southwest Quarter(SW'/)of Section 26,Township 46 South,Range 28 East,
Collier County,Florida;containing 40.38 acres more or less.
AND
Property Tax Identification Number: 00052440003
A Yi)of the East Half
f the
thwest Quarter
)of
e Southeast
Quarterlof land(SE' ))of Section 22,Townshiin the East Half p 46 South,Range 28 EastoCollier County,Floriida,(being,more particularly
described as follows:
Commence at the Southeast corner of Section 22,Township 46 South,Range 28 East,Collier County,Florida;thence
run S 88°57'47"W,along the south line of the Southeast Quarter(SE'/.)of said Section 22 for a distance of 1320.38
feet to the Point of Beginning of the parcel of land herein described;thence continue S 88°57'47"W,along the south
line of the Southeast Quarter(SE'/)of said Section 22.for a distance of 330.09 feet;thence run N 00'31'18"W for a
distance of 1342.51 feet;thence run N 88°58'31" E for a distance of 330.12 feet;thence run S 00°31'14"E,for a
distance of 1342.44 feet to the Point of Beginning; containing 10.17 acres,more or less.
END Legal Description
11
13
16017
Cot1ier County
Exhibit "B"
(Required Information for Annual Cattle Operation Report)
For each field:
1 Date animals are moved from one pasture to the next.
2 Name of herd.
3 Number of animals in the herd.
4 Field the animals were moved from.
5 Field the animals are moved to.
6 Notes on forage conditions when animals are moved into and out of each field(i.e. forage height,
forage quality,weeds, insects, etc.).
7 Body condition score of animals when they are moved.
8 Notes on management activities that have been conducted, such as when supplement feeders were
moved,and when supplemental water sources were cleaned or repaired
14
y 16017
ccllier County
Exhibit "C"
(Property Boundary & Lease Area Map)
As/Age-ii r�4 •x? Y 11 '« `'may il { hP `ls�{ 4'
iiimgc "....,...$ „,
, v
., , _ I �• 14;x.-'s Jai ,f
Fur/ c
5,
, _ c.
c d, a)
..t,,,,;• , ,:3:N t `. r •:gt6. w
,`,( c
.,. e. _cr 3 T ♦� th. C
IPAf1Itt,4. e. a6
C CC
• LL Q,
Ri — T.... N N Q.
a
0
ciS °'
a
Q _
; •
jr�}
- r"" u
J - -
a)
iUtC f; rt.* ,,„- .., .
0)
4000@oimm 6
N r.,_
c, : ,A _ :, -
a> i ,
ei . `_ 1- x
CD
Q. t ; -+...eT;
I
L 1_ . _
c
L
d s
Q.
d i
CI. dr+; , !, Ei:
ii S
ific ,e
A 3eaa;
15
1 6 D 1 7
Cott ie:r ::.e; )sint•t'
Exhibit "D"
(Pepper Ranch Preserve Pasture Map)
11 . . . l . C' co
z. n
oTo
N
., i13
M ik: _ • d
f .T, V
� W 1'-
'll-/--:---::---i:
2 a
m n h
+�', d a a
U a) . x a
. Li
Hi „. ., ‘,... \it ..
.- • .-
).
cu 13 91,,,, - erz.
16 N -41.‘-.
a.
‘-*\ -t. .
'�' �,
'.\\\1/4'.'.N‘\,1/4.- N ,,,
<f
9<my F
p - u, •S:i
I iQR I
16
1 6017
Cofer County
Exhibit "E"
(Cattle Fencing, Water Sources, Service Roads and Access Gates)
.._. , , 0 . - . ci I/
p .1 3
a c J V -
F.
�., o
E'tk.i
' - a c
,,,,t.� fff x o Ig
�
. w i §
Emus.i . ''\ 4. 1 ggs E a S
L:; \ •.'\ UY . = m E
d b l t -4 6 , z i Fd `J -
csaEl
4 x � \
V J \ ♦ �\\, ,
a) ei ♦ , t
I
r '!i • -. '
r• -
a ..\
CL i
c) , N. ' \ • '
Ce a
Q) \ ` ,' k\
CL .
D
\� ��
I I
3 i.
•
N!S
9.1 V n'
J
•, o;
17
0
16017
Cofer County
Exhibit "F"
(Specifications for 4-Strand Barbed Wire Fence Construction)
o
E-111111
U-
Fence Line Clearing:
1. A fence line clearing devoid of all shrubs, trees, and stumps shall be established sufficient
to set posts, erect the new fence, and permit full range of travel for all gates.
2. Any earth disturbed during line clearing shall be returned,as close as possible,to the area's
original grade.
3. All removed vegetation shall be properly disposed. Vegetation may be burned on-site with
permission of the LESSOR once all necessary permits have been obtained. If not burned,
all vegetation shall be disposed of off-site and evidence of proper disposal shall be provided.
Fence Construction:
1. A boundary fence with gates shall be constructed to securely contain cattle within the
grazing unit. Fence lines shall run as straight as possible. The fence shall be four(4) strand
barbed wire spaced equal distance apart starting sixteen (16) inches above the ground up to
a height of forty-two 42 inches. All barbed wire shall be stretched completely so that it is
springy to the touch before being fastened to the post. Wire shall be fastened and run on the
inside of posts. The space between the top two strands shall be a minimum of 10"with 12"
being most ideal. When possible, the bottom-most strand shall be smooth wire to facilitate
wildlife movement.
2. The barbed wire shall be at least class 3, 15.5 gauge high tensile with minimum breaking load
950 lbs.Barbs shall be 15.5 gauge,4-point double wrap with 5 inch spacing.Barbed wire shall
conform to A.S.T.M. A 121 standards.
3. Staples shall be a standard galvanized, 9-gauge,minimum 1-1/4 inch heavy duty barbed
wire fence type.
4. All posts and braces shall be southern pine or other treatable species and shall meet
current industry standards for physical quality and wood preservation.
5. Line posts (3 1/2-inch top and 6 1/2 feet long) shall be installed plumb, a maximum of 16
feet apart, and embedded 24 inches in the ground. Backfill posts by thoroughly tamping soil
18
CA
16017
Cofer County
around the post after every 4" of depth. Posts shall not be shortened to avoid rock removal
or additional excavation.
6. Brace posts (6-inch top and 8 feet long) shall be used in brace assemblies. Brace posts shall
be installed plumb and embedded 3 1/2 feet in the ground. A double brace assembly shall
be placed at the beginning and end of each fence run and single brace assemblies at '/a mile
intervals. All corners shall have double brace assemblies on each side. A single brace
assembly consists of two brace posts connected at their midpoints with a line post(a single
"H") will be installed at 1/4 mile intervals with two strands of #9 slick wire connected
diagonally from the top of one post to the bottom of the other post. The connecting line post
shall have a support line post to the ground at its midpoint. This wire shall be tightly wound.
Connection points of all posts shall be securely nailed using galvanized, 16d, 3" nails.
Double brace assemblies shall consist of three brace posts, two connecting line posts, and
two support posts (a double "H"). A strand of#9 slick wire shall be fastened at the top of
the "pull side" post and run diagonally, on either side of the connecting line post, to the
bottom of the other brace post(away from the direction of the pull)This wire shall be tightly
wound.Connection points of all posts shall be securely nailed using galvanized, 16d,3"nails.
Backfill posts by thoroughly tamping soil around the post after every 4" of depth. Posts
shall not be shortened to avoid rock removal or additional excavation.
19
e
CA"r County 1 6 D 1 "
Exhibit "F"
(Specifications for 4-Strand Barbed Wire Fence Construction)
Gate Construction and Placement:
4. Gate locations and sizes shall be determined by the LESSOR. Gates shall be set 6" off the
ground or as close to that as possible. All gates shall swing level in both directions, shall
meet square, and be no more than 6"apart when closed(except as noted below for 4' gates).
Double brace assemblies shall be constructed on either side of all gates.
5. All gates shall be utility-type, galvanized, 6-rail with vertical braces, and constructed of 1-
5/8"20-gaugetube steel with a smooth finish. All gates shall be 50"in height and individual
lengths shall depend on LESSOR needs. Technical specifications and drawings of gates
similar to LESSOR requirements can be found at www.behlencountry.com.
3. Four-foot gates shall be hinged to swing to the inside and when closed the leading edge shall
extend approximately 4 inches onto the corresponding brace post so that the gate will not
swing to the outside. A galvanized metal spring shall be attached to the outside of the gate
so that it tightly holds the gate closed but a person can easily open.
20
CAO
Co er County
16017
Exhibit "G"
(Cattle and Calf Best Management Practices Resources)
After Enrolling in BMPs Best Management Practices
An importert part of BMP implementation s documenting rt
through record keeping as speeded m FDACS rules and BMP for Florida Cow/Calf Operations
manuals The is sometimes the only way to confirm BMP imply
mentation SMP records should be accurate clear and well What are Best Pitaaagement
organized You may develop your own record-keeping forms or Practices?
use the ones provided in the manual Agricultural Best Management +t•.- ^_
FDOCS staff UF-IFAS Basin Mea Team Extension agents sal and wa Practices IBMPSI are practical 'Y.7
tar conservator,restricts and USDA-WKS carasset producers with measures that producers can tale _ .�
BMP implementaeon and record keeping metrcds n reduce the amount of kart'- - +'a
'rein pesticides animal wast .. C
and other pollutants entering our Moo
- ,...
water resources'hey are de-
For assistance with enrolling In and signed to imwp•e voter Qualityenile -
Implementing BMPs: Production
ria ag cad wsl
•f
Call-(850)617-1727 or Workingwdh stakeholders the
clads Department of Aroiubrre
Email•AgBMPHelp.FreshFromFlorlda.com
and Consumer Servicaa IFt11C81
adopted a statewide row/cab
manual The SMP manual covers I rrwarr. •u::.i.rx>"•r. ro address
key aspects of water quality and the method and scheduling of e
water conserveriOn Typical prat neaten to reduce WSW and outp-
ut.
ut-Ac.include ant losses to tris environment
r„ygrrv^'IDdeter. do ,Hesn..,oe'wirer'.'u ing
mire nutrient needs and Sources buffers setbacksand svfaes b
FDACS Dale of Agricultural easter Peaty and manage nutrient appkcasons reduce or prevent Use transport
1203 Sonernora Square Bleg..Sella 200 -including manures to minimize o1 sediments and nutrients from
Taeeheiree.Fl.32301 .mpacrs t war no,aoes production areas to waterbod.es
Ohba:(*50)e17-i700
Far(650)617 1701
r IraaelmodlorWa.c en'Dheabaa9aleaa-Agrbanure1
Water Policy a•:
Florida Department of
Agriculture and Consumer Services
IIV:-
Adam H.Putnam.Commssioner
Examples of Cow/Calf BMPs Why should I Implement BMPs?
• Some BMPs car,help you operate more efficiently and reduce
• Using JF/IFAS•ecommeided fertilization rates costs while you help protect the environment Also producers
• Utilizing sal and tissue tests for pH and nutrient analysis enrolled in FDACS BMP programs are ahgble for cost share.when
• Appropriately storing•erbbzer as well as chemicals available for certain practices
• Establishing and maintaining vegetative buffer stops to filter run. • Implementing rand maintaining;)verified FDACS-adopted BMPs
off before enteringwaterbodies
provides a presumption of
• Utilizing cross fencing or fencing of sensitive areas to allow for ddresscompliance vby state water quality
rotation and protector of waterbodies standards for the pollutants addressed by the BMPs
• Plating water troughs away from heavily used waterbodies • BMP implementation provides protection under the Florida Right
• Properly utilizing waste to be spread on pastures to Farm Act from duplicative local regulation
• Managing livestock distribution to reduce any concentrated act, • Producers who implement FDACSadopted BMPs might satisfy
mutation of waste that could lead to contaminating ground water some water management district permitting requirements Check
or surface waters with your district
• Ut hong conro led-release fertilizers
• In areas with adopted basin management action plane IBMAPs)
- - - and some other designated areas producers who implement
• Capturing rainwater in stormwater ponds for later use BMP5 avoid having to conduct costly water quality monitoring
• Ublring'euse(treated wastewaters water for irrigation
• Constructing troughs or tanks fry a clean water supply to prevent • BMP participaton demonstrates agriculture's commitment to
health hazards water resource protection and helps maintain support for this
alternative approach
• Grazing on established forage heights to maintain plant vigor
prevent soil erosion and maintain soil mosture levels How do I participate in BMPs?
• Incorporating flash graz•ng in established wetland exclusion areas 1 Schedule a meet ng win a BMP team member who will provide a
to manage existing vegetation free FDACS BMP manual and other BMP-related information
2 Partcipate with the team member in a free assessment of your
• Determining the general water requirements for primary forage operation to determine which BMPs apply to you
grasses and improved pastures
• Replacing deapdated water control structures with structures that 3 Fill out a BMP checklist and sig'.the Notice of Intent(NOq to
match orginal specifications and use good sediment and control mprement trio BMPs
measures 4 Keep a copy o1 the checklist and signed N01 in your records
5 Implement and maintain the applicable BMPs and keep adequate
• Excluding livestock with n a 75 foot radius of potable wells records to maintain a presumption of compliance with state
• Corntrucbng new wells up-gradient as far as possible from likely water quality standards
pollutant sources such as petroleum storage tanks septic tanks 6 If YOU would like to receive a Certificate of Enrollment In BMPs
thermal miring areas and livestock confinement facilities contact FDACS at 18501617-1727 or email AgsrnpHelpe
FreshFromFlonda tom
21
Co or County 1 6 0 1 1
Exhibit "H"
(Public Hiking Trails at Pepper Ranch Preserve)
x
S
Baia 1
4 O <la '
ss m
r• N
N
i
li .
O.
m
a)
m
a
_
cc
a
a
m
F
t NN_, 1 ' i ti
6
22
L'`er County 1 b D 17
Exhibit "I"
(Pepper Ranch Preserve Hunting Regulations)
For information regarding area hunting regulations and season dates,
please reference the Pepper Ranch Preserve regulations brochure at:
https://www.col l iercountyfl.gov/your-government/d iv inions-a-e/conservation-col l ier/pepper-ranch-hunt-
program
23
CAO