Backup Documents 01/27/2026 Item #16B 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 8
TO 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 be received in the County Attorney Office no Inter
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. County Attorney Office County Attorney 1/27/26
Attn. Sally A. Ashkar
2. BCC Office Board of County Commissioners ?n-
Ok by/M3 I/28IZ6
3. Minutes and Records* Clerk of Court's Office I/
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of agreement to Sonja.Stephenson@colliercountyfl.gov
�{� PRIMARY CONTACT INFORMATION
s`V Y' 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
AP above,may need to contact staff for additional or missing information
Name of Primary Staff Sonja Stephenson/ al Property Phone Number 239-252-8073
Contact/ Department Management
Agenda Date Item was 1/27/26 Agenda Item Number 16.B.8
Approved by the BCC
Type of Document Temporary Farm Lease Extension Number of Original 1
Attached Documents Attached
PO number or account N/A
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?STAMP OK SS
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(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 SS
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 SS
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 SS
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 1-27-26,and all changes made during SS N/A is not
the meeting have been incorporated in the attached document. The County an option for
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
16 [ 8
TEMPORARY FARM LEASE EXTENSION ADDENDUM
MELOY HAY COMPANY,INC.
This Temporary Farm Lease Extension Addendum ("Extension") is made and entered into this L1'day of
2026,by and between COLLIER COUNTY,a political subdivision of the State of Florida("County"
or"Less r"),and MELOY HAY COMPANY,INC.,a Florida Profit Corporation("Lessee").
RECITALS
WHEREAS,the County acquired ownership of the real property known as Williams Reserve located in linmokalee,
Florida(the"Premises"),and in connection therewith the parties executed that certain Assignment and Assumption of
Leases dated September 18,2025 (the"Assignment"),pursuant to which the County assumed the lessor's interest in,
and Lessee acknowledged the County as lessor under, that certain Farm Lease dated February 1,2023 (the"Lease");
and
WHEREAS, the Lease will expire on January 31, 2026, and the parties desire to extend the term and update certain
provisions pending the Board of County Commissioners'(the"Board")approval of a new standard agricultural lease
form for best management practices.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree that the Lease is hereby
extended and amended on the terms and conditions set forth below.
1. Extension of Term.
The term of the Lease is hereby extended for a period of three(3) months, followed by automatic month-to-month
extensions on a temporary basis while a standardized lease form is being developed,commencing February I,2026,
and expiring April 30, 2026, unless earlier terminated in accordance with the Lease or this Extension, provided,
however,that this Extension,and any subsequent new lease,extension,or renewal,shall be subject to and contingent
upon approval by the Board.
2. Continuation of Lease Terms.
Except as expressly modified herein,all terms and conditions of the Lease shall remain in full force and effect and are
ratified and confirmed by the parties.
3. Updated Insurance Requirements.
Lessee shall, at its sole cost and expense, maintain in full force and effect throughout the term of this Extension the
insurance coverage required by Collier County's Risk Management Department for similarly situated tenants,
including but not limited to commercial general liability insurance with limits of not less than $1,000,000 per
occurrence and$2,000,000 aggregate,and property insurance covering any Lessee-owned improvements or personal
property located on the Premises.All liability policies shall name Collier County, a political subdivision of the State
of Florida,as an additional insured,and shall provide that coverage shall not be canceled or materially altered without
at least thirty(30)days'prior written notice to the County.Certificates of insurance evidencing the required coverage
shall be provided to the County before the commencement of this Extension term and upon renewal of coverage
thereafter.
4.Indemnification.
1
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1 6 E.;
To the extent permitted by law, I,essee shall indemnify,defend,and hold harmless Collier County, its officers,agents,
and employees from and against any and all claims, damages, liabilities, losses, and expenses(including reasonable
attorney's fees and costs)arising out of or related to Lessee's use or occupancy of the Premises,or the acts or omissions
of Lessee, its officers, employees, agents, contractors, or invitees,except to the extent caused by the sole negligence
of the County. Nothing herein shall be construed as a waiver of the County's sovereign immunity or the limits of
liability set forth in Section 768.28,Florida Statutes, as may be amended.
5. Entire Agreement.
This Extension supplements and amends the Lease only as expressly stated herein. In the event of a conflict, the
provisions of this Extension shall control.
IN WITNESS WHEREOF,the parties have executed this Extension as of the date first written above and have hereto
set forth their hands and seals.
AS TO LESSEE:
DATED: I 'Z7/2& .
BY: II_
J cob W. Meloy, President and Treasurer
AS TO THE LESSOR:
DATED:
ATTEST:... , , BOARD OF COUNTY COMMISSIONERS
Ciystal.K Kinzsel,,Cierk of the COLLIER COUNTY, FLORIDA
Circuit Court bmptroller
BY:
Attest a.ts to i)epdty Clerk an Kowa! ,Chairm n
AV
sigWtire Pt� 3,-' `.
Approved IA1 form and legality:
IlkA
41
Sally • . • shkar,Assistant County Attorne
:),k-;>
16b8
FARM LEASE
LANDLORD: Williams Farms Land Assets LLC and Williams Farms of Immokalee Inc.
LESSEE: MELOY HAY CO. 1NC
COUNTY:COLLIER
ACRES:
DATE EFFECTIVE: / Z 3
DATE EXPIRES:./3i/d(�
FARM LEASE made as of Z / Z;' between WILLIAMS FARMS OF
IMMOKALEE,INC.,1300 Nort 15th Street,Immokalee,Florida 34142("Lessor")and
MELOY HAY CO.Inc.("Lessee").
Lessor leases to Lessee,and the Lessee rents from Lessor,on and subject to the
following terms,promises,and conditions,the following described land(Land)in
Collier County Florida:
Hay Fields: Immokalee Drive Fields,6C, 10 and 1 (near New Barn),all as shown
on an map of the Land attached hereto as Exhibit"A"
1 TERM.
The term of this Lease commences on February 1,2023 and ends January 3151
2026 unless sooner terminated under other provisions of this Lease.
(a) Notwithstanding paragraph(a)above either party may request to extend this
Lease,by giving the other written request of the extension on or before April 1"
of 2025. Extension may only be by written agreement of both parties.
(b) This Lease may be terminated by Lessor upon the occurrence of any of the
following:
(I) Abandonment by Lessee.
(2) Upon default by Lessee in the performance of any of the terms,
covenants,promises or conditions of the lease.
(3) Insolvency ofLessee.
(4) Breach by Lessee of any other lease or Agreement with Lessor.
(c) Notwithstanding termination under 1(c),Lessee shall remain liable for the rent due
for the unexpired portion of said Lease.
2. RENT AND LESSEE'S EXPENSES:
(a) For the rental of the land, Lessee shall pay to Lessor rent in accordance with the
terms outlined below:
(i) Each year Tenant will wrap 200 rolls exclusively for Landlord. These rolls will
be provided to Landlord upon request and Landlord will pay the rate of$30 per
roll,due upon request.
iio Due upon bailing:
• For every Round Bale,Tenant shall pay Landlord$10 per roll
• For every Square Bale,Tenant shall pay Landlord$0.85 per roll
• This costs INCLUDES storage fee for use of Williams Barn
(iii) Tenant shall notify Landlord within 30 days of bailing and provide a count
along with Rent Payment. Landlord or Landlord's Representative shall confirm the
count.
erij
Time is of the essence.
(b) Everything required by this lease to be done by Lessee shall be at Lessee's expense;
1
[LESSOR]
[LESSEE]
1 6 E
if Lessee fails to do any such things,Lessor may do them at Lessee's expense.
(c) Distrain. Lessee, for itself, its successors and assigns,hereby agree that all
the personal property on the leased premises shall be liable to distress; that
all personal property, if removed therefrom, shall for thirty (30)days after
such removal be liable to distress,and may be distrained and sold for rent in
arrears;the Lessee,for itself,heirs,and assigns,hereby waiving all right to the
benefit of any laws now made or hereafter to be made,exempting personal
property from levy and sale for arrears of rent.
3. USE OF LAND. Lessee shall use the Land only for commercial hay
production,and shall not use,or permit any entry on,the Land for any other purpose.
Lessee's use shall,however,be subject to all the provisions of this lease.
4. NO REPRESENTATIONOR WARRANTY CONCERNING CONDITION OR
SUITABILITY OF LAND. Lessee accepts the land in its present condition ("AS IS")
without any representation or warranty by Lessor as to such condition. Lessor shall not be
responsible for any visible or hidden defect or any future change in the condition of the
Land. Lessor makes no representation or warranty, expressed or implied , as to the
suitability or fitness of the Land or its appurtenances for any use of Lessee.
5. MAINTENANCE AND IMPROVEMENTS.
(a) General. Lessee shall maintain the Land with care, and in good, clean
condition , and shall not commit or permit to be committed any waste of the Land by
anyone.Lessee agrees and covenants to keep and maintain in good repair all buildings,
pump stations and other improvements on the land during the term of this Lease.
(b) Fences. Lessee shall exercise care to avoid damage to fences and other
structures on or adjacent to the Land,and shall exercise care to minimize the risk of cattle
escaping through gates.Lessee shall keep all gates properly closed.
(c) Trespassers.responsibility Lessee shall police the Land to evict
trespassers(and Lessor shall not have any to do so).
(d) Locks on Gates. Each gate on perimeter fences adjacent to roads shall be
locked by Lessee,and Lessee shall furnish Lessor a key thereto.
(e) Roads. Ditches, Dikes, Etc. Lessee shall maintain in as good or better
condition as they now exist all existing roads,ditches,dikes,pumping stations,and other
appropriate improvements and structures on the Land.
(f) Utilities.No utility lines nor easements shall be placed on the Land without
Lessor's prior written consent.
(g) Structures and Trailers.No structures or trailers shall be place on the Land
without Lessor's prior written consent.
(h) Timber. Lessee shall avoid injury to, or destruction of, growing timber
(including without limitation, injury or destruction by fire). Lessee shall not cut or
remove any standing,green,dead or fallen timber from the Land,nor sell or remove any
lumber, posts or wood. Lessee shall not drive nails,spikes,or staples into,or otherwise
deface or mar,any tree,green or dead,on the Land.Lessee shall not sell or remove from
the Land any soil,sand,gravel,rock,oil or other mineral,nor any lumber,posts or wood.
(k) Hogs.Open range of hogs on the Land is prohibited.Any hogs kept on the
Land must be kept in hog proof enclosures.
(I) ATVs. No ATV or off-road vehicles are allowed on the premises for any
reason. Lessee shall be liable for any damage caused.
(I) Plastics and Polyethylene Materials.Plastics and Polyethylene films used in
the growing of crops under this Lease must be removed by Lessee when the crop is
6.)
[LESSOR] 2 ��`s'
[LESSEE]
16 6 6
completed. Under no circumstances shall plastics or polyethylene materials and film be
disked into the ground.These materials must be removed from the Land subject to this
Lease.They may not be buried or disposed of on these Lands or any other of Lessor's
Lands without consent of Lessor.Lessee shall utilize good husbandry practices to prevent
erosion and soil loss.
6. COMPLIANCE WITH GOVERNMENTAL REGULATIONS. Lessee shall
promptly comply with all present and future laws,regulations,rules,and directives of any
municipal,county,state,federal or other governmental authority applicable to the Land or to
Lessee's acts or activities on the Land,including without limitation, all environmental laws
and regulations concerning the storage,use and disposal of petroleum,petroleum products.
pesticides, and fertilizers. Lessee's attention is invited, among other things, to the need to
notify County building and zoning departments of any structures,other than temporary farm
buildings, to be placed on the Land, and the County Health Department for any septic
systems, and shall construct same pursuant to all applicable building and health codes.
Lessor has the option to require Lessee, his employees or agents, to be OSHA Level III
trained.
7. TAXES ON IMPROVEMENTS BY LESSEE. Lessee shall pay all taxes
resulting from improvements(including,without limitation,structures)placed by Lessee
on the Land.
8. NO LIENS FROM ACTS OF LESSEE. Lessee shall not have any right or
power to take any action or make any contract which may create or be the foundation for
any lien on the Land.Lessee shall,within ten days of any filing against the Land of any
liens whatever(including,without limitation,mechanics'or materialmen's liens)arising
from any acts or omissions of Lessee(or any of Lessee's representatives,employees,or
invitees), either pay or discharge such liens (including, without limitation, filing any
required bond).The Lessor will record notice of this provision in the Public Records of
Collier County,Florida.
9. INSURANCE REQUIREMENTS Without limiting Lessee's indemnification,
Lessee shall procure and maintain for the duration of the Lease insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the use of
the Premises hereunder by Lessee, his agents, representatives or employees. Landlord shall
retain the right at any time to review the coverage,form,and amount of the insurance required
hereby. If in the opinion of Landlord the insurance provisions in these requirements do not
provide adequate protection for Landlord, Landlord may require Lessee to obtain insurance
sufficient in coverage,form and amount to provide adequate protection. Landlord's requirements
shall be reasonable but shall be imposed to assure protection from and against the kind and extent
of risks that exist at the time a change in insurance is required.
(a) Verification of Coverage: Lessee shall furnish the Landlord with certificates
evidencing coverage required below at the beginning of the lease period. Copies of required
endorsements must be attached to provided certificates. All certificates or evidences of self-
insurance are to be received and approved by the Landlord before performance commences.
(b) Minimum Scope of Insurance
c>>Lessee shall maintain property damage and public liability insurance covering the
Leased Premises. Liability insurance coverage shall be not less than One Million
Dollars ($1,000,000) combined single limit per occurrence for injury or property
damage.Lessee shall name the Landlord,its officers,directors,agents,employees and
volunteers as additional insureds on Lessee's liability insurance policy and such policy
1 � .�p
14
lL.SSOR] 3 J J
[LESSEE]
shall be endorsed to show that Lessee's liability insurance policy is primary and non-
contributory and waiver of subrogation in favor of the landlord.
rnt Lessee is required by this Lease Agreement to immediately notify Landlord if
they receive a communication from their insurance carrier or agent that any required
insurance is to be canceled, non-renewed, reduced in scope or limits or otherwise
materially changed. Failure to maintain required insurance in force shall be considered
a material breach of the Lease Agreement.
(c) Other Insurance Provisions:The insurance policies required in this Lease Agreement
are to contain,or be endorsed to contain,as applicable,the following provisions:
(d) ADDITIONAL INSURED STATUS: The Landlord(Williams Farms Land Assets
LLC and Williams Farms of Immokalee Inc.)is to be endorsed as additional insured as
respects: liability arising out of activities performed by or on behalf of the Lessee;products
and completed operations of the Lessee; premises owned, occupied or used by the Lessee;
or automobiles owned,leased,hired or borrowed by the Lessee.
(e) Required* SUPPLEMENTAL INSURANCE: if the tenant engages in farming
operation(s)that works with or uses a material,produces a product or waste,considered to be
"hazardous"under and local,state or federal law/regulation,(which includes but is not limited
to:fuels,petroleum products, crop protection chemicals,known carcinogenic materials,
volatile chemicals and biological contaminants) they will be required to carry Pollution
Liability insurance coverage. The policy must cover the leased premises, fuel/chemical
storage, and tenant's operations. This insurance must include sudden and gradual coverage
for third-party liability including defense costs and completed operations. The coverage must
be maintained during the term of the lease.
10. FAILURE TO COMPLY: Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage provided to the Landlord,
its officers,directors,officials,employees,agents or volunteers.Applies to policies in which the
Landlord is named as an additional insured.
11. SEVERABILITY OF INTEREST: The Lessee's insurance shall apply separately to
each insured against whom claim is made or suit is brought,except with respect to the limits of
the insurer's liability. Applicable to General Liability and other Liability policies.
12. SUBCONTRACTORS: Lessee shall require all subcontractors to maintain adequate insurance.
13. REQUIREMENTS ON CESSATION OF LEASE.
(a) Lessee agrees that on the expiration or termination of the term of this Lease
("cessation of Lease")Lessee will vacate the Land on the day of cessation and that Lessee
will be a trespasser(without any holdover right)if Lessee remains on the Land.
(b) Title to structures and equipment placed by Lessee on the Land shall,during
the term of this Lease,remain in Lessee.On the cessation of Lease Lessee shall put and
leave the Land in clean, neat, and eye- pleasing condition satisfactory to Lessor;and,
without limitation,Lessee shall remove all equipment placed by Lessee on the Land. At
Lessor's option, title to any such structures and equipment not so removed may be
deemed automatically transferred to Lessor.
(c) Before the cessation of lease,Lessee shall level the Land or so much of the
Lands as were made unlevel by Lessee.If weather conditions prevent leveling before
cessation,Lessor may designate a subsequent period during which Lessee shall level.The
leveling shall be done by breaking down beds and rows and disking them until the Land
is so leveled that it may be mowed with a mowing machine and used for grazing livestock.
14. ENVIRONMENTAL.
(a) During this lease,Lessee shall not contaminate,or allow contamination of,
the Land,air,or water of this Land with any hazardous or toxic substance,which includes
petroleum products and pesticides. Upon any unlawful use, or discharge, of such
[LESSOR] 4 fii
[LESSEE]
16B8
substance,the Lessee shall immediately(1)contain and remove such substance according
to Law,and(2)report such use,or discharge,to Lessor.
(b) Before the cessation of Lease,Lessee will dispose offsite all trash,toxic or
hazardous substances, pesticides, fertilizer materials, contaminated soil, and all
containers,and in strict conformity with any instructions on the labels and in accordance
with 40 Code of Federal Regulations(262.51).
(c) Within 60 days before termination of this Lease,the Lessor shall conduct
an environmental inspection of the Land,including testing of any buildings,soil,air,and
water.The Lessor will give Lessee notice of the date,place,and time of the inspection.If
contamination is found,the Lessee agrees to pay Lessor for all costs of the environmental
inspection,tests,damages,fines,interest,attorney fees,penalties,and clean up. I be Lessee
is not entitled to future Leases from the Lessor until full compliance is achieved. After
the inspection and until termination of this Lease,Lessee shall continue to comply with
all terms of this Lease regarding storage,use,disposal and removal of toxic or hazardous
substances.
(d) The term"hazardous or toxic wastes or substances"shall be deemed to
include all hazardous, toxic, and radioactive substances, wastes or materials , all
pollutants or contaminants,asbestos,pesticides,herbicides,gasoline,diesel fuel and
other petroleum products, polychlorinated biphenyls (PCB's) and other similar
substances and all raw materials containing such substances that are included under or
regulated under any local,state or federal law,either by definition,determination or
identification in such laws,or by judicial or administrative interpretations of such
laws,together with any other chemical,material or substance,exposure to which is
prohibited,limited or regulated by any governmental authority or that may or could
pose a hazard to the health and safety of the occupants of the Land or the owners and
occupants or property adjacent to the Land.
(e) Lessee further represents and warrants to Lessor that Lessee has not
received any summons , citation,directive, letter or other communication,whether
written or verbal,from any agency or department of any government concerning the
presence on the Land of any hazardous or toxic wastes or substances and that should
any such summons.citation,directive,letter or other communication be received in
the future,Lessee shall immediately notify Lessor of the fact and content thereof.
(f) In the event it is determined that any action must be taken with regard to
the presence of any such hazardous or toxic wastes or substances on the land,Lessee
covenants and agrees to take all such actions necessary to promptly bring the Land
into compliance with all applicable laws or governmental regulations,all at Lessee's
sole cost and expense.Lessee acknowledges that Lessor is relying on the warranties.
representations and covenants contained in this paragraph in making this lease,and
Lessee agrees to defend, indemnify and hold Lessor and its successors and assigns
harmless of and from any and all actions, suits,
claims, remedial orders judgments,decrees, and damages of any nature
(including but not limited to,attorneys'fees and costs,consultants'fees,clean up,
removal and restoration costs,and environmental laws)arising from or in relation
to the presence,generation,manufacture,refining,transportation,treatment,
storage,handling,disposal,discharge,release or spill,of any hazardous or toxic
wastes or substances on the land.The foregoing indemnification and hold harmless
obligations shall be in addition to any and all remedies otherwise available to Lessor
hereunder.
(g) Lessee agrees to indemnify,defend and hold Lessor and its successors
and assigns harmless from and against any claims,demands,actions,causes of action
or damages suffered by Lessor or its successors or assigns,resulting from a breach of
the representations or warranties contained herein or from personal injury or property
damage relating to the presence of or discharge of hazardous or toxic wastes or
substances including but not limited to actions by third parties.
ati
[LESSOR] 5
[LESSEE]
1 6 B 8
(h) Pesticides and Fertilizers. Lessee shall store pesticides,herbicides and
fertilizer material within enclosures fenced in accordance with Paragraph 5(b)and
within enclosed structures consisting at the minimum of a roof and sealed floor.
Pesticides, herbicides and fertilizers shall be used and disposed of strictly in
accordance with instructions on the labels and in accordance with 40 Code of Federal
Regulations (262.51). Pesticides shall be stored in a locked, weather resistant,
•
impervious floored structure. Upon completion of pesticide application, pesticide
must be returned to the proper storage facility.The storage facility shall be afforded
good housekeeping so as to prevent any build-up or release of spilled agricultural
chemicals.
(i) Petroleum Storage Tanks. No underground storage tanks or lines are
allowed. The Lessee shall notify Lessor of the location of all stationary fuel storage
tanks upon installation,and shall maintain and use all fuel storage tanks to prevent
discharges to the environment. Lessee is the owner and operator of such storage
tanks and is solely responsible and strictly liable for compliance with all
governmental regulations concerning their installation,operation,and maintenance.
Lessee shall store such materials as may be required to absorb and contain any spills.
Above ground fuel tanks of a capacity of 550 gallons or less must be located so that
no part of the tank is in contact with the soil and the tank can be readily inspected for
leaks . All fuel lines, connections and other apparatus must be well maintained to
prevent fuel leakage.All detected leaks shall be repaired immediately.
(j) Reporting Release of Some Chemicals.If Lessee is subject to reporting of the
presence or release of chemicals or other hazardous substances on or from the Land
pursuant to Sections 302,304,305,311,312, or 313,of the emergency Planning and
Community-Right-To-Know Act (Title III of the Superfund Amendments and
Reauthorization Act of 1986,42 U.S.C. Section I 1001, et seq.), then Lessee shall
provide Lessor with copies of all such notices or reporting.Lessor shall have the right
to require Lessee to discontinue the use and to remove from the Land all such
chemicals or hazardous substances which in Lessor's sole opinion present an
unreasonable risk to human health or the environment.
(k) Solid Waste.Extended accumulation of solid waste is prohibited.Lessee
will properly dispose of any solid waste within 30 days of its creation. To aid in the
disposal of landfillable waste,Lessee will provide and maintain a solid waste dumpster
on the leased premises.Burial of any wastes is strictly prohibited.
(1) Other Wastes. Potentially hazardous waste such as used oil, antifreeze,
solvents,batteries,oil filters, unused agricultural chemicals,etc.,should be stored in a
protected manner so that any foreseeable events will not cause contamination to the
surrounding environment. As a best management practice, Lessee should acquire and
retain a receipt for all wastes that are recycled or disposed of Upon request,Lessee should
be able to provide to Lessor verification that wastes are being disposed of through a
licensed handler so as to verily that wastes are not being disposed of on-site. Best
management practices should also include but not be limited to the storage of all
containers on impermeable sheets to prevent the materials from entering the soil. Any
required off-site disposal of any such materials (s) shall be the responsibility of the
Lessee. Likewise, implement and vehicle maintenance should be conducted in a manner
that prevents any liquids from entering the soil or environment.All filters and fluids shall
be properly stored and disposed of as set out above. Lessee shall store on-site such
materials as are necessary to absorb and contain any hazardous waste spillage or leakage.
Lessee shall immediately remove any contaminated soil to a waste disposal facility
approved by Lessor and provide proof of same to Lessor.
(m) Special Warning for Storage and Disposal.The Lessee warrants,covenants
and represents that it is familiar with requirements applicable to proper waste disposal.
Lessee understands that it is solely in charge of all farming and related activities on-site and
is the generator of all waste material leaving the site and shall not be acting as agent or on
gl/j
[LESSOR] 6
[LESSEE]
1668
•
behalf of Lessor in any manner with regard to any chemical or solid waste storage,use or
disposal arrangements.Lessee covenants,warrants and represents,that Lessee is familiar
with 40 CFR Part 165 "Recommended procedures for the disposal and storage of
pesticides and pesticide containers". Lessee also understands,that no container or other
solid or liquid waste disposal of any type is permitted on the leased lands.However,at
the Lessee's option, Lessee may dispose of residual pesticide by proper application of
triple rinseate as part of the application process.As a best management practice,the Lessee
should properly dispose of all containers as provided in 40 CFR Parts 262 and 165 and
as required by any other applicable local,state or other federal requirement.
(n) Petroleum Storage Tanks. Storage tanks for fuels shall be installed as follows:
Three to four inches of soil be excavated. Polycover such as visquine or other equivalent
material of no less thickness than six mils shall be placed in the excavation.The polycover
shall be covered with two to three inches of soil and the storage tank placed thereon so that
a spill or leak may be immediately contained. No underground storage tanks or lines are
allowed. The Lessee shall notify Lessor of the location of all stationary fuel storage tanks
upon installation,and shall maintain and use all fuel storage tanks to prevent discharges to
the environment. Lessee is the owner and operator of such storage tanks and is solely
responsible for compliance with all governmental regulations concerning their installation,
operation,and maintenance.
(o) Prohibited Tanks. Except for petroleum storage tanks, liquid fertilizer
tanks,or other tanks with Lessor's written consent,above ground tanks of any size,for any
purpose other than use as septic tanks, are strictly prohibited. No material other than
domestic waste water, as defined and allowed by Chapter 17, F.A.C. and any other
applicable federal,state or local requirement,shall be placed into any septic system.The
proper permitting,operation and closure of any such tank or septic system shall be the
sole responsibility or the Lessee.
(p) Release Procedure. All fuel spills over 25 gallons must be reported to
Lessor immediately upon discovery.Lessor,at its option and in its sole discretion,may
oversee or control any needed assessment and remediation activities.
(q) Mixing and Loading Procedures. Mixing/loading of agricultural chemicals
shall not be performed within 100'of any well,or at a site where an accidental release
would drain into a surface water body or wetland system. Agricultural chemicals may
not at any time,for any duration, be stored within I00'of any well.Mixing/loading sites
should be alternated to prevent any possible pesticide contaminant accumulation.
Equipment washing and any triple rinsing should also be performed at multiple sites.
(r) Payment of Environmental Costs. Lessee agrees to pay the cost of any
inspection, investigation, audit, clean-up, site remediation or detoxification and the
preparation of any closure or other required plans. consent orders, other orders, license
application,and the like,whether such action is required during or following the tenancy
of this lease to the full extent that such action is attributable, directly or indirectly, to
Lessee's operations,including but not limited to the use,generation,storage,or disposal
of any petroleum products,pesticides,fertilizers ,chemicals,hazardous substances,or
"materials"as defined herein,on or under the property during the tenancy of this lease.The
obligations created above shall survive this lease,and shall be in addition to the remedies
available to the Lessor under any other applicable law.
(s) Remedial Actions and Default.Upon notification by the Lessor or upon the
Lessee otherwise becoming aware of a violation of any condition of this lease,Lessee will
begin remedial actions immediately solely at it own expense, in accordance with all
applicable federal,state or local laws or regulations and in accordance with any directions
or instructions that Lessor may at its option,give Lessee,or those given by any regulatory
agency.Non-compliance with any part of this paragraph 12 shall be a default of this lea se.
Solely at the discretion of the Lessor.if appropriate remedial actions are not progressing
or have not progressed to Lessor's satisfaction within JO days of the above notification
or of
Lessee otherwise becoming aware of the violative condition, Lessor may require
[LESSOR] 7 Cam`
[LESSEE]
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the Lessee,at Lessor's sole discretion,to post an environmental liability bond upon the
demand of the Lessor in an amount to be determined by the Lessor depending on the
potential severity of the environmental contamination. Lessor will specify the bond
amount based on consultant recommendations.If the Lessor allows the Lessee to pursue
the bonding requirement,the failure by the Lessee to produce evidence of said bond
within 15 additional days will be considered a default of the lease. Nothing in this
paragraph shall prevent nor require the Lessor overtaking remedial action at any time to
prevent waste or deterioration of the demised premises.Notwithstanding any provision of
this paragraph.the Lessor may terminate this lease in the case of the failure of the Lessee
to comply with any condition of this lease or this paragraph.
(t) Responsibility For Compliance. Compliance with the terms of this
paragraph is the sole responsibility of the Lessee.The right of the Lessor to inspect the
premises shall not create a duty to inspect.nor shall Lessee be entitled to rely on the same,
nor shall it be construed or interpreted as a waiver of or estoppel to Lessor's right to
require Lessee's strict compliance with the terms of this or any other part of the lease.or
to any enforcement action brought by the Lessor.
(u) Environmental Indemnity.Lessee will be in charge and control of all
material handling and storage areas upon the leased premises,and Lessee agrees to
indemnify.hold harmless and defend Lessor from all claims demands.Suits,damages
(including all foreseeable and unforeseeable consequential damages),punitive damages.
assessments,lines,penalties.costs and other expenses (including attorneys' fees and
other court costs)brought on behalf of any person or entity arising from the use,storage or
disposal of any chemicals.pollutants, pesticides, petroleum products. batteries
(including waste material) and other substances(cumulatively the"materials")used.
generated.stored or brought onto the leased premises by Lessee.which materials,or their
use,storage or disposal,are regulated under any local,state or federal law.This indemnity
shall extend to any off-s ite treatment,storage or disposal of fill Y material that leaves the
demised premises for which the Lessor becomes responsible either voluntarily or
involuntarily.The scope of the Lessee's indemnification hereunder shall extend to any act
or omission of the Lessee,or its officers,directors.agents.employees.or contractors.
including their heirs and assigns.Claims include but are not limited to those claims.either
threatened or realized.for injuries to the contamination of or the death of persons,or
damages to or the destruction of property.the air.soil.waters.groundwaters.the
environment.livestock.plants. animals, and aquatic life arising from exposure to or the
escape of the above described materials due to such material s presence either on or off-site.
Claims shall also include claims for restoration costs.damages or compliance with any
administrative violation notice.rule or order.This indemnity shall survive this agreement.
Injuries include those to Lessor or Lessee, their officers.directors, agents,employees,or
contractors, including their heirs and assigns.or any other person or entity arising out of
the above described acts or omissions of Lessee.
(i) Carryover. Lessee shall be responsible under this Paragraph 12 for any
hazardous or toxic wastes or substances disposed of by Lessee during any prior lease between
Lessor and Lessee.and shall promptly remedy any improper disposal as provided herein .
(w) The provisions of this paragraph 12 shall be deemed to survive.and continue in
full force and effect after expiration of this lease or after any eviction or repossession.
14. ASSIGNMENTS, ETC. Lessee shall not assign, encumber or dispose of this Lease or
sublet the whole or any part of the Land without the prior written consent of Lessor.The
Lessor has the absolute right to withhold consent. If Lessee is a corporation or a
partnership, any transfer (not in consequence of death) of the corporate shares or
partnership interests which (cumulatively and in the aggregate) changes the original
ownership of a majority or the outstanding shares or partnership interests shall be deemed
an assignment of this Lease.Lessor may assign this Lease.
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[LESSOR]
[LESSEE]
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•
15. CONDEMNATION,ETC.If any part or all of the Land be taken for any public or quasi-
public use under any statute or by right of eminent domain or by any purchase in lieu of
such taking,the term of this lease shall terminate when possession is so taken and the rent
under paragraph"2"shall be apportioned pro-rate(time and space).In such event,Lessor
shall be entitled to the entire award or price; Lessee shall not be entitled to any
compensation for Lessee's leasehold interest in the Land,but Lessee may,to such extent as
may be permitted by law,claim compensation from the taking authority for movable
structures,fixtures and chattels which are the property of the Lessee.
16. BANKRUPTCY. If there be filed by or against Lessee in any court pursuant to any
Federal or State statute a petition in bankruptcy or insolvency or for arrangement or
reorganization or for the appointment of a receiver or trustee of any of Lessee's property
or if Lessee makes an assignment for the benefit of creditors,this Lease,at the option of
Lessor,may be terminated and Lessor shall be entitled to damages for Lessee's breach of
this Lease;provided however,that if any such petition or proceeding is involuntary and is
dismissed or withdrawn within thirty days after filing, this Lease shall not be so
terminated.
17. REMEDIES.
(.,) If(I)Lessee defaults in the payment of any rent or sum payable under this
Lease-or(2)Lessee defaults,for ten days after written notice,in the performance of any
terms,promises or conditions of this Lease,other than the payment of such rent or sums,
the term of this Lease shall at Lessor's option,exercised by ten days prior written notice
to Lessee,terminate,and Lessor may re-enter the Land by force or otherwise and Lessor
shall have the right to dispossess and evict Lessee by summary proceeding or otherwise.
In case of any such default Lessor shall be entitled to damages for Lessee's breach of this
Lease plus Lessor's resulting expenses(including,without limitation,attorneys'fees).
t,) All rights and remedies of Lessor are cumulative,and the exercise of any
shall not preclude the exercise of others either under this Lease or by law.
18. WAIVER OF JURY. Lessor and Lessee waive trial by jury in any action,proceeding,or
counterclaim brought by either against the other on any matters whatever arising out of
or connected with this Lease, the relationship of Landlord and Tenant between Lessor
and Lessee, Lessee's use or occupancy of the Land and any claim of injury, death, or
damage.
19. LESSOR'S RIGHT OF ENTRY.Lessor(and its representatives,employees,and invitees)
may enter the Land at all reasonable time either for inspection or in pursuance of any and
all of its rights under this Lease. The Landowners and their family members will be on
the property from time to time,WITH OR WITHOUT NOTICE.
20. RELATIONSHIP OF PARTIES.The relationship of Lessor and Lessee is solely that of
Landlord and tenant under this Lease; Lessor has no interest in Lessee's enterprise;
Lessee is not an agent or representative of Lessor; and this Lease shall under no
circumstances be construed as a joint venture or partnership.
21. UTILITIES AND PERMITS. Lessee shall, during the tenancy hereof, pay all charges
for telephone, electricity, sewage where applicable and water used in or on the leased
premises and for the removal of rubbish, garbage and waste materials stored upon the
leased premises. Lessee shall be responsible for obtaining and paying for all permits
necessary for the utilization of the leased premises, including but not limited to storage
tank registrations, any additional water permits, pesticide use permits, burn permits,
waste removal permits, et cetera. Such payments shall be made immediately on
becoming due. Lessee shall further hold Lessor harmless from any liability arising out
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[LESSEE]
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of Lessee's operations arising out of these permits, failure to obtain such permits or
failure to pay such permit fees or charges
22. NO WAIVER. Nothing with respect to this Lease shall be deemed to have been
waived by Lessor unless such waiver be in writing signed by Lessor. No omission
of Lessor to insist on strict performance by Lessee shall be deemed a waiver of any
subsequent breach by Lessee.
23. LEASE - ENTIRE AGREEMENT. This Lease constitutes the entire agreement
between the parties. No representations, warranties or promises pertaining to this
Lease or any property affected by this Lease have been made by,nor shall be binding
on,either of the parties,except as expressly stated in this Lease.This Lease cannot
be changed orally, but only by an agreement in writing signed by the party against
whom enforcement of any such change is sought.
24. COMPLY WITH THE TERMS AND CONDITIONS OF THE LEASE.Lessor will
not interfere with the harvesting and cultivation of crops presently being tended.
Lessor may stop work on other lands under Lease if Lessee does not comply with
the terms and conditions of the Lease.
25. TERMINATION OF LEASE. Lessee must be in compliance with Federal,State,
and County laws and Environmental regulations 60 days prior to termination of
Lease. Lessee shall maintain compliance during the final 60 days of the Lease and
at all times during this Lease and shall dispose offsite all hazardous substance,and
leave the land in a neat,clean and eye pleasing condition to the satisfaction of the
Lessor.
26. VENUE.Any action for breach of this Lease or for any claims or damages arising
out of the ownership,use possession or maintenance of the leased premises shall be
brought only in Collier County,Florida.
27. NOTICE. Any notice required herein shall be made in writing and mailed certified
mail to the address provided herein for Lessor and Lessee,and shall be deemed to
have been made when deposited,postage prepaid,in the United States Postal
System.
28. MISCELLANEOUS PROVISIONS.
(a) Lessee shall comply with and shall insure that all independent contractors on
the land with the consent of Lessee comply with all laws,rules or regulations
regarding the use of migrant labor on the land and the Florida Workers
Compensation Law as it may apply.
(b) No livestock shall be permitted on the Land.
(c) Ditches and dikes within the gross farm acres will be mowed, cleaned and
sprayed by the Lessee.
(d) The main road must be maintained at its current level of service by the Lessee for
the period of the lease.
(e) Lessee will be required to implement Best Management Practices,as set
forth by the Florida State Commissioner of Agriculture,during the term of the Lease.
All records and information regarding adherence to such practices will be maintained
by Lessee and made available to Lessor and State of Florida authorities having
supervision of farm practices.
[LESSOR] to JlI
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[LESSEE]
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IN WITNESS WHEREOF,the parties have executed and deli%•ered this Lease on
the date first above written.
"LESSOR" "LESSEE"
WILLIAMS FARMS OF IMMOKALEE, MELOY HAY CO.INC
INC.
a Florida orporation B_Yye i."- -
By:. &�
CARRIE WILLIAMS. Principal
Performance by the Lessee of all matters required of the Lessee under the tern of this
Lease is personally guaranteed by/7P4/ lift a 1 -,i 4.--/,
Individually
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[LESSOR] I 5.�/
[LESSEE