3-F. SAMPLE AGREEMENT.pdf

CATTLE GRAZING LEASE AGREEMENT

THIS CATTLE GRAZING LEASE AGREEMENT (“Lease Agreement”) is made by and between PASCO COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof, whose address is 37918 Meridian Avenue, Dade City, Florida 33523, hereinafter referred to as “LESSOR,” and

______________________________, whose address is ________________________________________, hereinafter referred to as “LESSEE.”

WHEREAS LESSOR is the sole owner of the Property described in Section 1 below; and

WHEREAS LESSEE desires to lease the below described Property from LESSOR; and

WHEREAS the parties desire to enter into this Lease Agreement, defining their respective rights, duties and liabilities relating to the Property.

WITNESSETH:

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows:

SECTION 1. DESCRIPTION OF PROPERTY.

The LESSOR hereby leases and demises to LESSEE, all that certain property, situated, lying and being in Pasco

County, Florida, hereinafter referred to as the “Property”, depicted in Exhibit “A”, commonly known as on Jumping Gully, which is attached hereto and incorporated herein by reference.

SECTION 2. TERM.

The term of this Lease shall commence on the date of full execution of this Lease by both LESSOR and LESSEE

(Effective Date), and shall continue for a period of five (5) years thereafter. After the initial 5-year period, the Lease may be renewed for five (5) additional one (1) year periods, unless either party gives notice of its intent to terminate this Lease in writing ninety (90) days prior to the expiration of the original (5) year term or any one (1) year period thereafter.

Notwithstanding the foregoing, the LESSOR may elect at any time during the term of this Lease to terminate this Lease, with no less than ninety (90) days notice, if deemed in the best interest of the LESSOR, which termination shall be effective on the date of termination included in such termination notice, at which time all obligations of LESSEE under this Lease shall terminate, except those which by their express terms survive the expiration or earlier termination of this Lease.

SECTION 3. RENTAL CONSIDERATION.

As consideration for the use of the Property, the LESSEE will pay $________ per allowable animal unit each year, plus applicable Sales Tax, within 10 days of the Effective Date. The initial stocking rate is established at a maximum of (65) allowable animal units at the Property; not including calves.

Payment shall be due 30 days of LESSEE’s receipt of LESSOR’s determination of allowable animal units.

LESSEE further agrees to make subsequent annual payments at the same rate per allowable animal unit agreeable by the LESSOR.

Payment shall be due annually, without demand, within 30 days of said anniversary date, during the term of the

Lease , unless otherwise modified by an amendment to this Lease.

If payment is not timely received, the LESSOR may revoke and terminate this Lease and immediately terminate

LESSEE’S right to possession of the Property.

LESSEE agrees to meet with the LESSOR no later than thirty (30) days prior to the anniversary date. The current range conditions and pasture performance from the past year will be reviewed at this time. The LESSOR with IFAS consultation may adjust the stocking rate (allowable animal units) pending results from the annual review. In the event the allowable animal units is modified, the Payment amount shall be adjusted accordingly. In no case will said LESSEE allow hogs, sheep, horses, or goats to range or graze on the Property.

LESSEE shall pay the LESSOR any and all applicable sales and use taxes for each calendar year at the same time as the Annual Rent payments. The LESSOR will remit the tax due by the LESSEE directly to Pasco County Tax Collector.

LESSEE may obtain an agricultural classification from the Pasco County Property Appraiser, providing an exemption for sales taxes and/or a reduction in property taxes. LESSEE is solely responsible for obtaining any exemptions and/or reductions. Unless LESSEE timely obtains the applicable sales and use tax exemption from the Pasco County Property

Appraiser, and provides proof of the exemption to the LESSOR, LESSEE must pay any sales tax due.

SECTION 4. USE.

LESSEE shall, during the full Lease term, peaceably and quietly have, hold and enjoy the Property, subject to the terms, conditions and provisions hereof. LESSEE’s use of the Property shall be limited to cattle grazing and related purposes only in a manner consistent with the LESSEE’S obligations under this Lease and as further specified below.

(a) LESSEE shall conduct such cattle grazing activities in accordance with one or more Best Management

Practices as that term is defined in Section 5 below.

(b) LESSEE agrees that they have inspected the Property and accepts the Property in its "as-is” condition. The

LESSOR shall have no obligation to inspect, maintain, or repair the Property either prior to or after the Effective Date. The

LESSEE further agrees that the LESSOR has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, or arising by operation of law, or, as to, concerning or with respect to the suitability of the Property for any and all activities and uses which LESSEE may conduct thereon during the term of this Lease. LESSEE shall assume all responsibility and liability under applicable laws for making and keeping the Property in a safe condition.

(c) LESSOR retains the right to control burning any portion of the Property for land management purposes upon notice delivered to LESSEE by its agent or agents and LESSOR agrees that LESSEE’s livestock may be allowed to graze such burns. Acres planted or treated for restoration purposes may be excluded from grazing for periods up to 5 years or more at the discretion of the LESSOR. When so advised, the LESSEE agrees to exclude livestock from such areas for such time as required by the LESSOR.

SECTION 5. BEST MANAGEMENT PRACTICES.

“Best Management Practices” shall mean cattle management practices as in existence from time to time over the term of this Lease that are generally accepted by organizations such as or similar to those listed below, or their successors.

LESSEE shall abide by the attached Range Management Plan, Exhibit B, consistent with the below-listed groups (BMP’S) to the LESSOR for approval within thirty (30) days of the Effective Date of the Lease:

(a) Accepted Organizations

1) The University of Florida Institute of Food and Agricultural Services (IFAS);

2) The Florida Cattlemen’s Association;

3) The U.S. Department of Agriculture Natural Resources Conservation Service (NRCS);

4) The United States Fish and Wildlife Service;

5) The Florida Department of Agriculture and Consumer Services;

6) The Florida Fish & Wildlife Conservation Commission; or

7) The Florida Forest Stewardship Program

(b) Soil testing is required before the introduction of herd to pastures, then required yearly at the pasture sites.

Lessee shall pay and conduct the testing, and provide the results to the ELAMP Biologist and Land Manager at the same time as the Lease payment is due (?).

(c) Lessee will use wormer that does not harm dung beetles. Cydectin injectable and pour on is proven to be non-hazardous to dung beetles. Increased dung beetle population will aid in greater pasture production as the beetles move the manure and tunnel underground, returning nutrients back to the soil. Dung beetles are a staple of the burrowing owls’ diet, and these birds are known to gather cow manure around entrances of their nesting holes to attract more beetles.

(d) LESSEE will not mow pastures between late February and late July due to ground nesting bird season. Any invasive species or native weedy species treatments, such as tropical soda apple or dog fennel may be spot treated with herbicide.

The Range Management Plan may be renewed yearly at the same time as the stocking rate.

SECTION 6. PASTURE CONDITIONS.

LESSEE shall take appropriate measures to prevent overgrazing and pasture degradation from LESSEE’S cattle grazing activities, including but not limited to:

(a) Indirect rotation of cattle through the strategic placement and periodic movement of feed troughs, mineral blocks, water troughs and molasses tanks, if any, utilized by the LESSEE on the Property. LESSEE is required to use a rotational grazing system that will prevent overgrazing of any one pasture.

(b) On the Effective Date, the LESSEE assumes responsibility for monitoring for and treating any non-native plants of concern found to occur within the lease area using methods approved by the LESSOR. Treatments for Tropical Soda

Apple plants will occur at a minimum of two (2) times annually with a goal of preventing fruit production and continued spread of the plants. Other invasive plant issues and requirements specific to this Lease Agreement include invasive species listed as Category I or Category II on Florida Invasive Species Council (FISC) Invasive Plant Lists (Exhibit C).

Weedy native species, such as dog fennel, must be managed as referenced in the Range Management Plan. Other invasive plant issues and requirements specific to this agreement include: Caesar’s Weed, Rattle Box, Cogon grass, Japanese

Climbing Fern, Air potato, Lantana, Senna obtusifolia, Senna occidentalis and Sword Fern.

(c) To minimize the possibility of transporting and spreading exotic plant species, all equipment used by LESSEE must be cleaned of all dirt and plant material prior to moving onto the Property, and again prior to departing the Property.

(d) The Lessee will be required to provide species, location and acreage for exotic treatment. Copies of product labels and manufacturers’ MSDS sheets will need to be given to the Contract Manager prior to treatment applications. After application, LESSEE is responsible for filling out the invasive treatment log provided in exhibit D.

SECTION 7. FENCING AND IMPROVEMENTS.

(a) LESSEE shall maintain all fences, gates and well pumps on the Property in good and proper condition through the term of this Lease. In the event that an existing fence on the Property is found to be damaged or inadequate, LESSEE shall repair it within twenty-four (24) hours.

(b) LESSEE shall obtain LESSOR'S written approval prior to construction of any additional interior fences upon the

Property, which approval shall not be unreasonably withheld or delayed.

(c) LESSEE shall keep and maintain any improvements (i.e. working pens, troughs, sheds, and other structures) upon the Property, or which may be placed thereon during said term, in good repair. The addition of any improvements to the Property by the LESSEE, are prohibited without prior written approval from LESSOR.

SECTION 8. IDENTIFICATION.

Before being released on the Property, all cattle shall bear identification (i.e., ear tags, tattoos, brands, etc.) readily traceable to LESSEE.

SECTION 9. QUARANTINE

LESSEE is responsible for the quarantine of all cattle after the date of purchase by LESSEE for a period of seven

(7) days prior to releasing them on the Property and in an effort to prevent the release of exotic seed onto the Property. For the avoidance of doubt, LESSEE shall not be required to quarantine any cattle owned more than seven (7) days by the

LESSEE if such cattle are being moved onto the Property from any other Property owned or controlled by the LESSEE and located in Pasco County, Florida.

SECTION 10. HUNTING.

No hunting is allowed on the Property.

SECTION 11. PUBLIC USE.

During the term of the Lease, LESSOR reserves the right to use the Property, in whole or part, for activities, such as environmental education tours and studies. LESSOR hereby agrees that it will indemnify, subject to the limits of liability set forth in Section 768.28, Florida Statutes, insure and hold harmless LESSEE and LESSEE’S permitted assigns from any and all losses, damages, suits, actions, judgments, claims and demands whatsoever, arising from, out of, or occasioned by the acts or omissions of LESSOR or its agents, employees, licensees, or invitees in connection with the exercise of the rights reserved hereunder, including, but not limited to, any and all suits, actions, or claims of any character, type or description brought or made for or on account of any injuries or damages received or sustained by any person or persons or Premises within the Property. LESSOR shall provide a 24-hour notice to LESSEE should it elect to exercise Public Use as stated above. LESSOR reserves the right to restore damaged areas, as needed, such as reseeding, in conjunction with the cattle operations at LESSEE’S expense. LESSOR’s costs shall be sent to LESSEE and payment shall be due from

LESSEE to LESSOR within thirty (30) days of the date of the invoice.

SECTION 12. INSPECTION BY LESSOR

LESSOR, its agents successor or assigns, shall have the right to enter upon the Property at such times and places as LESSOR may deem necessary for the purposes of inspecting the Property; constructing fire lanes, roads, and other works for the purpose of travel, maintenance, and any and all matters pertaining to water management activities and/or acceptable land management practices, including but not limited to prescribed burning, practices which are reasonably necessary and proper for LESSOR to perform its duties and obligations under the laws of the State of Florida, subject to obtaining all lawful permits and approvals. LESSEE shall permit County access and shall install a County lock on any and all gates on the perimeter of the Property.

SECTION 13. PERSONNEL AND VEHICLES

Only personnel and vehicles engaged in cattle operations or the performance of LESSEE’S obligations hereunder, or otherwise authorized by LESSOR, shall be allowed on the Property. LESSEE agrees to provide any and all necessary roadway repairs to existing roadways that may be caused by LESSEE'S trucks and/or equipment traveling over the said roadway.

SECTION 14. OBLIGATION TO SECURE PROPERTY

LESSEE, at no cost to the County, shall provide a measure of security for the Property and shall advise the County of any unusual activity. LESSEE shall be required to identify downed or damaged fence or open gates and cattle that may have strayed from the Property. Immediate action shall be taken to repair any downed or damaged fences, close gates or round-up stray cattle found while on routine patrol. Additionally, LESSEE shall immediately notify the proper governmental agencies of any observed wildfires, trespass, or vandalism known to LESSEE.

SECTION 15. WASTE

LESSEE agrees not to suffer, commit, or allow any waste to be committed on the Property, nor make any unlawful, improper or offensive use of the Property. LESSEE shall also not suffer, commit, or allow to be committed any release of any hazardous substances. LESSEE agrees to comply with all easements, reservations, restrictions, and other matters of record, if any, encumbering the Property. LESSEE shall agree to comply with any and all city, county, or state regulations, rules, or ordinances pertaining to the use of the Property.

SECTION 16. INDEMNIFICATION.

In return for good and valuable consideration, the receipt of which is acknowledged, LESSEE shall defend, indemnify and save harmless LESSOR from and against any loss, damage and liability occasioned by, growing out of or arising or resulting from any default hereunder, or any act or omission on the part of LESSEE or its agents or employees.

SECTION 17. INSURANCE.

LESSEE shall procure and maintain for the duration of this Lease insurance coverage in the types and amounts as provided herein. The cost of such insurance shall be borne by LESSEE.

Prior to the time LESSEE is entitled to make use of the Property under this Lease and no later than fifteen (15) days after the Effective Date of the Lease, LESSEE shall deliver to the LESSOR (Attention: Pasco County Risk Management

Department, West Pasco Government Center, 7536 State Street Suite 111, New Port Richey, FL 34654, with a copy to:

Attention: Land Manager, Pasco County Natural Resources Division, 4111 Land O’Lakes Blvd, Suite 310, Land O’Lakes, FL 34639: 1) certificates of insurance executed by the insurers listing coverages and limits, expiration dates and terms of policies and all endorsements whether or not required by the County, and listing all carriers issuing said policies; and 2) upon request, a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Lease.

1. Workers' Compensation in at least the limits as required by law; Employers' Liability Insurance of not less than

$100,000.00 for each accident.

2. Comprehensive General Liability Insurance including, but not limited to, Independent, Contractor, Contractual, Property/Operations, Products/Completed Operation and Personal Injury covering the liability assumed under indemnification provisions of this contract, with limits of liability for personal injury and/or bodily injury, including death, of not less than $2,000,000.00, each occurrence; and property damage of not less than $1,000,000.00, each occurrence.

(Combined single limits of not less than $2,000,000.00, each occurrence, will be acceptable unless otherwise stated).

Coverage shall be on an "occurrence" basis, and the policy shall include Broad Form Property Damage coverage and Fire

Legal Liability of not less than $50,000.00 per occurrence, unless otherwise stated by exception herein.

3. Comprehensive Automobile and Truck liability covering owned, hired, and non-owned vehicles with combined single limits of not less than $300,000.00, each occurrence. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards.

B. Each insurance policy shall include the following conditions by endorsement to the policy:

1. Each policy shall require that thirty (30) days prior to expiration, cancellation, non-renewal, or any material change in coverages or limits, a notice thereof shall be given to the County by certified mail to: Pasco County Risk

Management Department, 7536 State Street, New Port Richey, Florida 34654. The LESSEE shall also notify the County’s

Risk Management Department within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage received by said LESSEE from its insurer; and nothing contained herein shall absolve LESSEE of this requirement to provide notice.

2. Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of LESSEE.

3. The term "County" or "Pasco County" shall include all Boards, Commissions, Divisions, Departments, and

Offices of the County and individual employees, commissioners, agents, contractors and licensees thereof in their official capacities, and/or while acting on behalf of Pasco County.

4. Pasco County Board of County Commissioners shall be endorsed to the required policy or policies as an additional named insured.

5. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by the County to any such future coverage, or to the County’s self-insured retentions of whatever nature. County hereby waives subrogation rights for loss or damage against the County.

Compliance with the foregoing requirements shall not relieve LESSEE of the liability and obligations under this Lease.

Neither approval by LESSOR nor a failure to disapprove insurance certificates or policies furnished by LESSEE shall release

LESSEE of full responsibility for all liability or its obligations under this Lease.

SECTION 18. TAXES.

If any ad valorem taxes, intangible Property taxes, personal Property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the Property based on LESSEE'S use thereof during the term of this Lease, LESSEE shall pay all said taxes, assessments or liens, as provided in Section 3 of the Lease. In the event LESSEE fails to pay all said taxes assessed or levied on the Property, LESSOR may, at its sole option, pay said taxes, liens, or assessments, subject to immediate reimbursement thereof in full together with any interest thereon at the maximum rate allowed by law and any administration costs incurred by LESSOR. Failure of LESSEE to pay said taxes shall constitute a material breach of this

Lease. Please refer to the Pasco County Tax Collector website for due dates.

On the Effective Date, LESSEE shall provide a copy of this lease to the Pasco County Property Appraiser so as to place the Property on tax rolls and will provide the LESSOR documentation that it has done so. The parties acknowledge and agree that the LESSOR is exempt from any form of ad valorem real estate taxation, and LESSEE agrees to hold the

LESSOR harmless from any form of ad valorem real estate taxation assessed because of this Lease. Notwithstanding the

LESSOR’S exemption from ad valorem real estate taxation upon the termination of this Lease LESSEE acknowledges that the County’s Property Appraiser may not prorate real estate taxes based upon any mid-calendar year removal of Property from the County’s tax rolls. Given the above, if the Lease expires or terminates in a mid-calendar year, LESSEE agrees to be responsible for the balance of any real estate tax that may be assessed by the County. Lessee shall pay directly to the

Pasco County Tax Collector all real property taxes, intangible property taxes, and personal property taxes levied against the Property, as well as all assessments, including but not limited to pending, certified, confirmed and ratified special assessment liens, accrued or levied with respect to the Property or this Lease. The amount of taxes or assessments will be determined by the County’s Property Appraiser. LESSEE may obtain an agricultural classification from the County’s

Property Appraiser providing a reduction in property taxes. LESSEE is solely responsible for obtaining the agricultural classification and must pay all taxes levied by the County.

LESSEE shall pay all property taxes and assessments promptly but in no event later than February 1st of each year and shall furnish proof of payment to the LESSOR within fifteen (15) days of the payment. LESSEE is responsible for any penalty or late fee assessed by the Tax Collector for LESSEE’S failure to timely pay these taxes and assessments.

LESSEE’S failure to pay these taxes and assessments on or before February 1st in any year is a default of this Lease.

SECTION 19. DEFAULT.

In the event of a default by LESSEE, LESSOR may exercise any and all of the following rights, in addition to seeking legal remedies allowed by law. Each of the following events shall constitute a default of this Lease by LESSEE:

(a) If this Lease, or any rights under this Lease, shall be transferred to any other person, entity or party, except in a manner specifically permitted hereunder;

(b) If LESSEE fails to obtain and carry the required amount of commercial general liability insurance or if such insurance should lapse during the term of this Lease and is not reinstated promptly upon notice being given to LESSEE.

(c) If LESSEE shall fail to comply with any other conditions of this Lease and if such non-compliance shall continue for a period of fifteen (15) days after LESSEE’S receipt of written notice or twenty (20) days after the mailing date of mailing such notice to LESSEE at the address stated in this Lease, certified mail, return receipt requested. Even if compliance cannot reasonably be had within the stated time, LESSEE shall be in default for non-compliance unless LESSEE shall have in the reasonable opinion of LESSOR, in good faith and within the foregoing time periods, commenced actions to achieve full compliance and does diligently continue such effort until full compliance is accomplished.

SECTION 20. LESSOR’S REMEDIES UPON LESSEE’S DEFAULT.

In the event of LESSEE’S default beyond applicable grace, notice and cure periods, LESSOR shall have the right to terminate this Lease immediately, thereby terminating all the right, title and interest of LESSEE under this Lease and retake possession of the Property.

In the event that LESSEE breaches any of the requirements of this Lease Agreement, the LESSOR may immediately revoke and terminate this Lease Agreement and immediately terminate the LESSEE'S right to possession of the Property, without waving any other rights to seek damages or any other remedy available to LESSOR under applicable law.

Furthermore, LESSEE agrees that continued use and enjoyment of the Property is at the sole and absolute discretion of

LESSOR and such continued use is subject to termination without cause at any time upon ninety (90) days’ notice to

LESSEE. If LESSOR does so revoke the use of the Property, LESSEE shall promptly vacate the Property.

SECTION 21. UTILITIES.

LESSEE shall be solely responsible for and shall pay all deposits and monthly charges for all utility services (including electricity, water and sewer service used or consumed by LESSEE in connection with the maintenance and operation of the permitted uses on the Property; supplied to the Property for the benefit of the LESSEE, if any, and all costs for repairing, replacing, cleaning and maintaining utility connections and service to the Property used by LESSEE including water production well(s) used in conjunction with the cattle grazing and hay production operation.

SECTION 22. WAIVER.

Failure by the LESSOR at any time to enforce the provisions of the Lease shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the Lease or any part herein or the right of the

LESSOR to enforce any provision at any time in accordance with its terms. The waiver by LESSOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a future waiver of such term, covenant, or condition, or of any subsequent breach of the same or any other term, covenant, or condition contained herein.

SECTION 23. TERMINATION.

Upon termination of this Lease, LESSEE shall quit and deliver up the Property and repair any damage thereto caused by LESSEE’S use of the Property within the timeframe specified in the termination notice. Upon the expiration, revocation, or default, or termination pursuant to Section 23, LESSEE shall, at no expense to the LESSOR: 1) remove any and all equipment or property placed on or about the Property; 2) return the Property and all improvements (if any), unless otherwise agreed to in writing, to a condition equal to or better than the condition of the Property as of the Effective Date. In the event

LESSEE fails to remove any or all equipment or property on or about the Property after reasonable notice by the LESSOR, the LESSEE'S equipment or property will be considered abandoned, even if the LESSEE'S address is known. The LESSOR may elect to have said equipment or property removed in accordance with applicable laws of the State of Florida.

SECTION 24. NOTICES.

All notices which might be given to LESSOR or LESSEE under this Lease shall be in writing and mailed to the respective addresses above.

SECTION 25. LEGAL CONSTRUCTION.

In case any one or more of the provisions contained in this lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision herein and this

Lease shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

SECTION 26. GOVERNING LAW.

The validity and interpretation of this Lease shall be governed by the laws of the State of Florida and venue for any litigation with respect hereto shall be brought in the courts of Pasco County, Florida.

SECTION 27. ENTIRE AGREEMENT.

This Lease Agreement represents the entire agreement between the parties and supersedes all prior oral and written communication and representations.

SECTION 28. AMENDMENT.

No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated concurrent or subsequent to the date hereof and duly executed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement to be effective as of the latest date written below.

LESSOR: LESSEE:

PASCO COUNTY NAME:

Chairman NAME

Board of County Commissioners

Date Date

EXHIBIT “A”

(Legal Description of Leased Property)

Jumping Gully Pasture 1

21-24-18-0000-00100-0000

Assessed in Section 21, Township 24 South, Range 18 East of Pasco County, Florida

A PARCEL OF LAND BEING A PORTION OF SECTION 21, TOWNSHIP 24 SOUTH,

RANGE 18 EAST, PASCO COUNTY, FLORIDA BEING MORE PARTICULARLY

DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE

NORTHEAST 1/4 OF SAID SECTION 21; THENCE N 00°07'15" E, ALONG THE

EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 21, A DISTANCE OF

68.82 FEET; THENCE N 51°58'56" W, A DISTANCE OF 782.92 FEET FOR A

POINT OF BEGINNING; THENCE S 20°27'59" W, A DISTANCE OF 1260.40 FEET;

THENCE N 78°04'42" W, A DISTANCE OF 2813.58 FEET; THENCE N 15°24'27" W,

A DISTANCE OF 599.38 FEET; THENCE N 21°03'48" E, A DISTANCE OF 449.54

FEET; THENCE N 72°27'57" E, A DISTANCE OF 593.06 FEET; THENCE S

77°37'09" E, A DISTANCE OF 2688.29 FEET TO THE POINT OF BEGINNING.

CATTLE LEASE PARCEL CONTAINS 87.76 ACRES MORE OR LESS.

Jumping Gully Pasture 2

Assessed in Section 21, Township 24 South, Range 18 East of Pasco County, Florida

A PARCEL OF LAND BEING A PORTION OF SECTION 21, TOWNSHIP 24 SOUTH, RANGE

18 EAST, PASCO COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS

FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID

SECTION 21; THENCE N 00°07'15" E, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, A

DISTANCE OF 68.82 FEET; THENCE N 51°58'56" W, A DISTANCE OF 782.92 FEET;

THENCE S 20°27'59" WEST, A DISTANCE OF 1260.40 FEET FOR A POINT OF BEGINNING;

THENCE S 18°26'28" W, A DISTANCE OF 1415.32 FEET, MORE OR LESS, TO A POINT ON

THE NORTH LINE OF THE SOUTH 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 21;

THENCE N 89°39'46" W, ALONG SAID NORTH LINE, A DISTANCE OF 1145.64 FEET;

THENCE N 03°20'55" W, A DISTANCE OF 765.13 FEET; THENCE N 30°52'19" W, A

DISTANCE OF 660.90 FEET; THENCE N 83°22'15" W, A DISTANCE OF 639.27 FEET;

THENCE N 15°21'53" W, A DISTANCE OF 531.21 FEET; THENCE S 78°04'42" E, A

DISTANCE OF 2813.58 FEET TO THE POINT OF BEGINNING.

CATTLE LEASE PARCEL CONTAINS 62.19 ACRES MORE OR LESS.

Jumping Gully Pasture 3

Assessed in Section 21, Township 24 South, Range 18 East of Pasco County, Florida

A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 24 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED

AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 21; THENCE N

00°07'15" E, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 68.82 FEET; THENCE N 51°58'56"

W, 782.92 FEET;

THENCE S 20°27'59" W, A DISTANCE OF 1260.40 FEET'; THENCE S 18°26'28" W, A DISTANCE OF 1415.32 FEET

MORE OR LESS TO THE NORTH LINE OF THE SOUTH 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 21;

THENCE S 89°39'46" E, ALONG SAID NORTH LINE, A DISTANCE OF 1499.07 FEET TO THE EAST LINE OF THE

SOUTHEAST 1/4 OF SAID SECTION 21; THENCE N 00°10'27" E, ALONG SAID EAST LINE, A DISTANCE OF 1981.29

FEET TO THE POINT OF BEGINNING.

CATTLE LEASE PARCEL CONTAINS 58.78 ACRES MORE OR LESS

EXHIBIT “B”

Range Management Plan

Pasco County Environmental Land and Acquisition Management Program Range Management Plan for Leased Pasture

Animal Units

General Guidelines

1) The interrelationship between the cattle and the pasture forage supply should be considered as documented in the

University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS) document Pasture Stocking Density and the

Relationship to Animal Performance, or the most recently published UF/IFAS guiding document.

2) A stocking density dependent on forage type is recommended as follows:

a) Bahia grass: one and half to four (1.5- 4) acres per cow;

b) Bermudagrass, stargrass, and limpograss: one to three (1- 3) acres per cow;

c) Native range: five to twenty-five (5- 25) acres per cow.

3) Grazing shall occur on a thirty (30) day rotational basis throughout the growing season to promote healthy pastures.

Calving is highly recommended to occur for no more than a ninety (90) day period beginning in April with calves being removed in late fall.

Nutrient Management

Fertilizer Management

1) Use a soil test from a lab using the Mehlich-3 (M3), or another method approved by UF/IFAS Extension Soil

Testing Laboratory (ESTL), to determine Phosphorous (P) fertilization rate (See Extraction of Soil Nutrients Using

Mehlich-3 Reagent for Acid-Mineral Soils of Florida). Analyze the need for tissue testing based on the soil test results.

2) Follow the UF/IFAS recommended rates as documented in the UF/IFAS Standardized Fertilization

Recommendations for Agronomic Crops, or rates in the most recently published UF/IFAS guiding document for the particular forage. If using organic materials or manure, adjust the rate of supplemental fertilizer materials based on the product’s nutrient content analysis.

3) Time fertilizer applications with plant growth to maximize nutrient uptake and to minimize leaching and runoff.

4) Prevent spreading fertilizer material in streams, sinkholes, or wetlands by maintaining at least a fifty (50) foot setback from these features.

Animal Nutrition and Feedstock

1) When using a high amount of supplemental feed, manage the operation so that nutrients in the feed will not lead to high rates of nutrient loads from waste. Keep in mind that livestock generally excrete sixty to eighty-five (60%-85%) of the phosphorus fed to them.

2) Locate any confined feeding areas at least one hundred (100) feet away from watercourses, wetlands, sinkholes or excessively sloped terrain. Ensure that filter strips or other conservation buffers are maintained between feeding areas and adjacent features

Animal Waste Management

1) Manage livestock distribution to reduce any concentrated accumulation of wastes that could lead to nutrients contaminating groundwater or surface waters.

Operation and Maintenance

1) Maintain and calibrate fertilizer application equipment properly.

2) Store fertilizers properly and in a safe location.

Alternative Cattle Water Sources

Water Needs Inventory

1) Inventory existing water sources and average herd size to ascertain the estimated water use (daily intake of water), to ensure that a seven (7) day supply of water is always available in herd management areas.

1) Maintain all wells, troughs, and other associated structures in good working order.

2) Monitor animal health and conduct water quality sampling and analysis if animals are affected by a waterborne illness.

3) Clean watering troughs frequently with diluted bleach.

Prescribed Grazing

Prescribed Grazing Guidelines

1) Manage forage grazing of pastures or paddocks based on established stubble heights to maintain plant vigor, prevent soil erosion, and maintain soil moisture levels. Base prescribed grazing schedules on the rate of plant growth, available forage and utilization, rather than on calendar dates. Carefully monitor available forage to ensure it is adequate to meet animal demand.

2) Use rotational grazing or other measures to give concentrated areas time for re-growth between grazing periods, and to achieve a more even manure distribution across the pasture. Additionally, the area may be “dragged” to spread the manure and return some organic matter back to the topsoil.

Drought Contingency Plan

1) During periods of drought when forage production is low to none, the livestock manager shall reduce the herd size or increase the paddock size and/or rotate the livestock through the grazing system at a “slower” than normal pace and/or feed a supplemental forage supply such as hay.

Comprehensive Prescribed Grazing

1) Initiate grazing only after the predominant forages have reached acceptable plant height(s) and rotate or remove livestock when grazing results in minimum leaf length(s) per Natural Resources Conservation Service (NRCS) Standard

Practice as described in Code 528 (NRCS Code 528) . Plan the rest periods for predominant forages based on the season of the year.

1) Maintain all fences, wells, troughs and other associated structures in good working order.

2) If fences, wells, and troughs are damaged or not upheld to Environmental Land Acquisition and Management

Program (ELAMP) staff expectations, maintenance must occur within twenty-four (24) hours of discovery to bring items to proper condition.

3) Review and revise grazing management plans annually or as needed.

Fence Installation

1) Maintain all fences, watering troughs, and shade structures in good working order to prevent animals from congregating in waterbodies.

High Intensity Areas

1) Inspect fencing and structures regularly and make necessary repairs.

2) Periodically clean or remove excess manure from these areas.

3) Inspect these areas after severe weather events to ensure the runoff has been properly contained or diverted.

4) Use agronomic practices to re-vegetate denuded areas.

Animal Mortality

Sanitation and Disease Control Measures

1) Transport carcasses in a sanitary manner to prevent spreading infection.

2) Clean and disinfect any mechanical equipment surfaces that were in contact with the carcasses, especially if you suspect a more virulent disease organism to be the cause of death.

3) Report any of the dangerous diseases listed below to the State Veterinarian per the requirements in section

585.18, F.S.

Anthrax Pseudorabies

Bont Tick Infestation Rabies

Bovine Piroplasmosis Rhipicephalus microplus

Bovine Spongiform Rift Valley Fever

Brucellosis (B. abortus, B. suis) Rinderpest

Contagious Bovine Pleuropneumonia Salmonella Enteritidis

Encephalopathy Scabies

Foot and Mouth Disease Screwworm infestation

Heartwater Southern Cattle Tick Infestation

Lumpy Skin Disease Tuberculosis

Peste des Petits Ruminants Vesicular Stomatitis

Disposal

1) Move carcasses to an upland area away from watercourses, streams, wetlands, wells, or sinkholes.

2) If a suitable site is available, locate any burial site at least fifty (50) feet away from adjacent Property owners, and at least two hundred (200) feet away from watercourses, streams, wetlands, wells or sinkholes. Identify this area on a map and keep the map handy for future reference.

Wellhead Protection

1) Try to maintain permanent vegetation within a seventy-five (75) foot radius around wells.

2) Inspect wellheads and pads regularly for leaks or cracks and make any necessary repairs.

3) Testing drinking water wells may be required dependent on the annual review of site conditions for coliform bacteria contamination and other contaminants to protect public health.

Wetlands and Springs Protection

Water Quality Treatment and Field Discharges

1) Minimize adverse water quality impacts to receiving wetlands by using pretreatment practices such as filter strips, conservation buffers, swales, or holding water onsite. This can substantially reduce pollutants, especially suspended solids, and allow the wetland to more naturally assimilate nutrients.

Rotate livestock through the wetland grazing system at an accelerated pace when excessive rainfall or mud becomes a persistent problem.

1) Limit the use of pesticides and fertilizers in and around wetlands and springs and be careful to avoid spray drift impacts.

Prescribed Burning and Wildfires

Prescribed Burn Preparation

1) Any prescribed burning will be reviewed and deemed necessary at the time of annual review.

2) Develop and implement a burn prescription plan that includes emergency contingencies or enlist the help of a

Certified Prescribed Burn Manager to conduct prescribed burns.

3) Ensure no burning bans are in effect, and that the proper permits, certification, and landowner permission are obtained prior to burning. Prescribed burns must be conducted in accordance with Florida Division of Forestry rules and section 590.125, F.S.

4) If applicable, use burning in conjunction with roller chopping when developing pastures in native areas that have an abundance of palmettos.

5) Burn only when weather conditions are favorable. Check wind conditions to ensure smoke from the burn will not adversely impact roadways or neighboring properties. Never leave a burn unattended.

Operation and Maintenance for Prescribe or Wildfires

1) Maintain soil stabilization practices until vegetation is re-established.

2) Check fence posts and other infrastructure for integrity after intense burns.

3) Grazing should be deferred for thirty to ninety (30-90) days after a burn during the growing season. This will help ensure that new growth is able to reestablish.

Integrated Pest Management and Pharmaceuticals (IPM)

General IPM Practices

1) Store pesticides in a roofed structure with a lockable door, at least one hundred (100) feet from surface waters.

2) When practical, construct a permanent mix/load facility with an impermeable surface, and locate it away from wells and/or surface waters. Where permanent facilities are not practical, use portable mix/load stations. When field mixing is necessary, loading activities should be conducted at random locations in the field with the aid of nurse tanks, if applicable.

Use a check valve or air gap separation to prevent backflow into the tank when filling a sprayer.

3) Practice IPM and use all pesticides in accordance with the label. When applying a pesticide close to a stream, canal, pond or other sensitive waterbody, choose a pesticide with an active ingredient that has a lower toxicity to aquatic organisms.

4) Rinse, recycle, or dispose of empty pesticide containers following federal, state, and/or local regulations.

Pharmaceutical Use and Disposal

1) Use FDA-approved products and only mix enough product to administer to affected cattle, which will result in little to no waste product.

2) Follow label and dosing instructions to ensure that the proper dose is administered.

3) Dispose of spent needles and unused pharmaceutical products in a responsible manner. Contact a veterinarian to obtain a puncture proof container that is labeled "Biohazard". Dispose of spent needles in accordance with Environmental

Protection Agency (EPA) guidelines and follow local solid waste regulations.

Exotic/Invasive Vegetation

Exotic/Invasive Vegetation Control

1) Mowing pasture to a uniform height helps to control weeds and other undesirable plants and promotes the uniform regrowth of forage for the next grazing cycle. Leaving a stubble height of approximately five (5) inches encourages healthy forage growth.

Any vegetation documented in the Florida Exotic Pest Plant Council List (FLEPPC) Florida Invasive Species Council

(FISC) will be addressed using methods described by IFAS in Weed Management in Pastures and Rangeland—

20252018 or most recent version. In addition, any species that ELAMP staff deems to be a detriment to Florida’s native habitat shall be addressed in a similar manner.

3) Dogfennel shall be controlled as documented in Dogfennel (Eupatorium capillifolium): Biology and Control, or most recently published IFAS document.

4) Where feasible, mechanical removal shall be preferred over pesticide utilization.

Hay Operation

Guidelines

1) If permitted by ELAMP, IFAS guidelines shall be followed relative to annual soil testing for proper pH and related nutrients to allow for continuous productivity and longevity of the fields. Additionally, the guidelines as specified in Hay

Production in Florida, or most recently published document, shall be followed.

2) Harvest hay in a manner that allows wildlife to flush and escape.

EXHIBIT C

Florida Invasive Species Council (FISC) Invasive Plant Lists

Visit the website below for current FISC Invasive Plant List

Florida Invasive Species Council (FISC) https://www.floridainvasives.org/plant-list/2023-invasive-plant-species/ https://www.floridainvasives.org/plant-list/2023-invasive-plant-species/

EXHIBIT D

Exotic/invasive Treatment Log FY 20___

Log due to contract manager annually

Date

Treated

Pasture name and # Acres

Treated

Name of Plants Treated Chemicals used Notes