7-ITB-26-00027 Exhibit B-1 Lease Agreement.docx

File: 1056-OR Grazing Lease – Bullfrog Creek Nature Preserve

CATTLE GRAZING LEASE AGREEMENT

ITB-26-XXXX Bullfrog Creek Nature Preserve Exhibit B-1

THIS CATTLE GRAZING LEASE, hereinafter the ("Lease"), is made and entered into this _____day of ______________, 20___, by and between HILLSBOROUGH COUNTY, a political subdivision of the State of Florida, whose address is Post Office Box 1110, Tampa, Florida 33601 hereinafter the ("County"), and ___________________________________________, whose address is ________________________________________, hereinafter the ("Lessee").

WHEREAS, County is the owner of certain lands as further set forth on Exhibit “A-1”, which is attached hereto and incorporated herein (“Property”); and

WHEREAS, the Property was acquired by County for the preservation and restoration of natural habitats; and

WHEREAS, County desires to lease certain portions of the Property, as further described and depicted on Exhibit “A-2”, which is attached hereto and incorporated herein (“Cattle Lease Boundary”), for cattle grazing purposes as a means of managing the Property prior to restoration of natural habitats and maintenance of natural systems; and

WHEREAS, County has conducted a competitive process for the purpose of awarding a Lease of the Property to a qualified cattle-grazing agricultural manager; and

WHEREAS, Lessee was the successful proposer in the competitive process, based in substantial part on Lessee’s ability to carry out the requirements of the Cattle Grazing Management Plan contained with the ITB-26-XXXXX Contract Terms and Conditions, Paragraphs 1.4 through 1.4.113; and

WHEREAS, Lessee shall pay rent to County in accordance with the process as set forth in Article 4 Security Deposit and Article 5 Rent of this Lease and in the amount as scheduled in the annual rent schedule as set forth in Exhibit “B”, which is attached hereto and incorporated herein (“Security Deposit/Rent”); and

WHEREAS, throughout the Lease Term, portions of the Lease Premises may be removed from this Lease in order for such areas to be restored and preserved, and, upon such removal, there will be a corresponding reduction.

NOW, THEREFORE, for and in consideration of the rent, terms, covenants, and conditions contained herein, County hereby leases the Property to Lessee, and Lessee hereby leases the Property from County to wit:

ARTICLE 1: Incorporation of Recitals.

The foregoing recitals are true and correct and are incorporated herein by reference.

ARTICLE 2: Use, Lease Premises, Revisions, and Limited Delegation of Authority.

a) Use of Premises. Lessee acknowledges, agrees, and understands that its use of premises shall conform in all respects with the Cattle Grazing Management Plan.

b) Lease Premises. Collectively, the areas identified, set forth, and depicted on Exhibit “A-2”, shall hereinafter be defined as the “Cattle Lease Boundary.”

c) Limited Delegation of Authority. For the purposes of effectuating the Revised Lease Premises as set forth in section (c) above, the County hereby delegates the authority required to effectuate such revisions to the premises to its Director of Conservation and Environmental Lands Management Department (“Director”). The parties hereby acknowledge and agree that no formal amendment is required to effectuate the revisions to the premises as set forth in this Article, and that such revisions/modifications may be done by letter notification sent by the Director (or as so further delegated).

ARTICLE 3: Effective Date, Commencement Date, Lease Term, Termination, and Holdover.

a) Effective Date. The effective date of this Lease shall be the date of approval by the Hillsborough County Board of County Commissioners (“Effective Date”).

b) Commencement Date. The commencement date of this Lease shall be the date as so reflected on the Cattle Grazing Lease Certificate of Confirmation, which is attached hereto as “Exhibit “D” entitled: Cattle Grazing Lease Certificate of Confirmation and is incorporated herein by reference (the “Commencement Date”).

c) Lease Term. The term of this Lease shall be for the period of time reflected on the Cattle Grazing Lease Certificate of Confirmation and shall automatically expire on the Expiration Date as set forth therein, unless otherwise renewed (the “Initial Term”).

d) Renewal Term. There are NO renewal terms to this lease agreement. The Initial Term hereinafter be referred to together as the “Lease Term” shall be for a period of eight (8) years.

e) Termination. The Lease may be terminated by County or Lessee by each giving the other party at least thirty (30) days written notice of the termination. However, the County will have the only right to terminate the Lease within six (6) months of the expiration of the Initial Term or the then-current Renewal Term by providing the Lessee at least thirty (30) days written notice of the termination.

f) Holdover Period. The failure of Lessee to surrender the Property, in whole or in part, on or before the termination or expiration of this Lease, such failure shall constitute a tenancy at sufferance and Lessee shall be subject to a charge of double Rent for the duration of such holdover period, which may be calculated and levied on a daily basis. Such a holdover period shall not constitute a renewal of this Lease nor the creation of a tenancy at will.

ARTICLE 4: Security Deposit.

Upon execution of this Lease (County Board approval), the Lessee shall pay to County a security deposit in the amount as reflected on Exhibit “B” entitled: Security Deposit and Rent, which is equal to the total sum of the bidders calculated first and last month annual rent. These funds shall be deposited by the County into a non-interest-bearing escrow account and retained until the expiration or termination of the Lease, whichever comes first. The County shall notify Lessee within thirty (30) days of vacating the property of any offsets to the security deposit for unpaid rents, penalties, or repairs to correct damages (which may include removal of undesirable species) or other conditions resulting from Lessee’s tenancy. Any remaining funds shall be returned to Lessee within sixty (60) days from the date Lessee fully vacates the Property.

ARTICLE 5: Rent.

a) Payments. Unless otherwise provided herein, Lessee shall pay the first annual payment of Rent in a lump sum of as reflected on Exhibit “B” entitled: Security Deposit and Rent, and any sale tax (if applicable) on the Commencement Date of this Lease and shall pay subsequent Rent on an annual basis thereafter (Annual Rent Due Date), which shall be in accordance with the schedule as set forth on Exhibit “B”. Lessee shall pay said Rent without notice, demand, deduction or set-off. Any annual Rent payment not made on or before the Annual Rent Due Date, and in accordance with the schedule as set forth in Exhibit “B”, shall be deemed delinquent. All delinquent payments to County shall bear interest at a rate of six percent (6%) per annum, calculated daily from the applicable payment due date. Notwithstanding anything to the contrary as set forth herein, the Lessee is not authorized to access the Initial Lease Premises if both (i) the Security Deposit and (ii) the first annual Rent payment has not been paid to, and received, by the County.

b) Rent Based Upon Acreage. County and Lessee acknowledge that the annual payment of Rent is based upon the estimated gross acres of the Lease Premises as stated in Exhibit “A-2” entitled: Cattle Lease Boundary, and that both parties have accepted this acreage estimate as the acreage for the Initial Term of this Lease.

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d) Forfeiture of Rent. In the event this Lease is terminated, any Rent that has already been paid by Lessee to County shall be deemed forfeit and non-reimbursable at the sole discretion of the County.

ARTICLE 6: Public Access.

Lessee acknowledges that because of the inherent dangers associated with cattle grazing freely upon the lease property, the public will be restricted from all access for foot traffic and equestrian activity (trail riding) within the leased property boundaries. The public shall have access for daylight vehicular and foot access to the access road lying adjacent to, but not within, the Property. The public may use this road to access approved public recreational trails lying west of the Property and managed by the Florida Fish and Wildlife Conservation Commission.

ARTICLE 7: Lessee’s Operating Requirements.

a) Compliance. Lessee shall operate, manage and maintain the Property in accordance with the Cattle Grazing Management Plan. Lessee shall comply with all laws, statutes, rules, ordinances, and regulations, whether local, state, or federal, relating to the agricultural operation, if any.

b) Licenses, Permits, and Authorization. Lessee shall maintain all licenses, permits, or authorizations necessary or required in connection with Lessee’s use of the Property, including those pertaining to the use, storage, distribution, and disposal of pesticides, herbicides, fertilizers, and other chemicals used in accordance with the Cattle Grazing Management Plan and maintenance of the Property.

c) Chemicals. Lessee will not store or mix any pesticides, herbicides, and other potentially hazardous chemicals on the Property, except as so authorized under the Cattle Grazing Management Plan. Lessee shall handle, distribute, apply, and dispose of all pesticides, herbicides, fertilizers, and other chemicals in accordance with all federal, state, and local regulations, and in strict accordance with the manufacturer’s instructions. Lessee shall be fully responsible for satisfying any reporting requirements imposed by regulatory authorities relative to the use of such chemicals. The County reserves the right to request and obtain copies of the lessee’s permits and licenses to dispense chemical products.

d) Wells and Reporting Requirements. If a well and associated Water Use Permit is located within the leased area, and the Lessee requests to use that well for operations, the Lessee will be responsible for reporting requirements of the Water Use Permit to the Southwest Florida Water Management District (the “District”), completing any renewal of this permit, and providing the County with copies of all reports and other documents provided to the District.

ARTICLE 8: Operating Costs and Taxes.

a) Operating Costs. Lessee agrees to promptly pay when due all its operating, maintenance, and servicing charges and costs, including telephone, gas, electricity, water, sewer, and all other expenses incurred in the use and operation of the Property.

b) Ad Valorem Taxes. Pursuant to Florida Law, County is presently exempt from the levy of ad valorem taxes on and against the Property. However, notwithstanding, County does not guarantee that such exemption shall continue and persist throughout the Lease Term. In the event that ad valorem taxes are levied against Lease Premises (as so revised) during the Lease Term, Lessee shall be responsible for the prompt payment of any and all such levied taxes thereto.

c) Non-Ad Valorem Taxes and Special Assessments. Lessee acknowledges that non-ad valorem tax and special assessments may be levied against County property for which the County is not immune or exempt. These taxes and special assessments may include, but are not limited to, Solid Waste Collection Fees, Solid Waste Disposal Fees, Lighting District Fees, Special Development District, and Stormwater Assessment Fees. To the extent that any special assessments or non-ad valorem taxes are levied against the Property during any of the Lease Terms, then Lessee shall be responsible for the prompt payment of said assessments at its sole cost and expense.

ARTICLE 9: County’s Project Manager and Inspections.

a) Inspection Rights and Corrective Actions. Throughout the Lease Term, the County shall designate a project manager, designee, or agent (“Project Manager”) to serve as the County’s representative for the purpose of determining the Lessee's compliance with the Cattle Grazing Management Plan. County has the right to enter at any time but will exercise reasonable efforts to afford at least twenty-four (24) hours' notice for the purpose of inspections at least every sixty (60) days. The Project Manager shall notify the Lessee within seven (7) days of their inspection, in writing of any noted deficiencies and recommendations for corrective action. Corrective action shall afford a time frame within which a reinspection may be made by County to evaluate action(s) taken by Lessee. These inspections shall be conducted related to the areas consistent with the Cattle Grazing Management Plan, County related land conservation and/or preservation activities, or other County purposes. The Project Manager will exercise reasonable efforts not to disturb the business operations of the Lessee except in the event of an emergency.

b) Incidental Access by County. Notwithstanding the foregoing inspection rights as set forth in Article 9 (a) above, Lessee acknowledges that notice will not be required to be given if the County travels across the Lease Premises for the purpose of accessing other portions of the Property which are not a part of the Lease Premises (as so revised).

ARTICLE 10: Approval of Construction.

Lessee acknowledges that no structures or other improvements are to be constructed on the Property except for fences and those items specified in the Cattle Grazing Management Plan without County approval.

ARTICLE 11: As-Is Condition, Representations, and Warranties.

Lessee acknowledges that it has made a thorough and complete inspection of the Property and is fully advised of its condition. Lessee fully accepts the Property in its present “as-is” condition and understands that County has made no representations or warranties about the suitability of the site for the intended use by Lessee as a site for cattle grazing purposes.

ARTICLE 12: Limitations on Lessee’s Authority.

Lessee shall have no authority on behalf of the County to:

a) No Encumbrances. Borrow money, guarantee the debts of any third person, or mortgage, pledge, grant a security interest in or otherwise encumber all or any part of the Property.

b) Legal Proceedings. Institute or defend any legal proceeding, if such legal proceeding may reasonably be expected to result in a counterclaim being advanced against County.

c) Other Agreements. Enter into any lease, sublease, license, or concession agreement concerning the Property.

d) Service Contracts. Enter into service contracts on and for the Lease Premises.

e) Liabilities. Incur any liabilities or obligations to third parties as it relates to the Property or Lease Premises.

ARTICLE 13: Default.

Each of the following shall be deemed an event of default by Lessee under this Lease.

a) Failure to Pay Rent. Failure of Lessee to pay any installment of annual rent or any other sum required to be paid under the terms of this Lease within fifteen (15) days after written notice from County of non-payment.

b) Failure to Comply. Failure by Lessee to perform or observe any other term, covenant, requirement, or condition of this Lease, including compliance with the Cattle Grazing Management Plan, or breach of Lessee’s warranties under this Lease, if such failure or breach is not cured within ninety (90) days after written notice from County of the default or breach; provided, however, that if such performance reasonably requires a longer period, Lessee shall not be deemed in default if Lessee develops a plan acceptable to County for remedying the deficiency and commences the required performance promptly and thereafter pursues and completes such action diligently and expeditiously, and in any event completes the required action within an additional sixty (60) days.

c) Breach of Warranty. Breach of any warranties made by Lessee under this Lease.

d) Abandonment. Abandonment of the Property by Lessee.

e) Liens and Encumbrances. The filing of a tax or construction lien against the Property or any other property of County or Lessee which is not bonded or discharged within thirty (30) days of the date such lien is filed.

f) Bankruptcy. The filing by Lessee of a petition under any chapter of the federal bankruptcy act, as amended, or under any similar law or statute of the United States or any state; or the filing against Lessee of an involuntary petition in bankruptcy or insolvency or a similar proceeding, and such filing or proceeding has not been dismissed within ninety (90) days.

g) Unauthorized Sale of Lessee’s Interest. The sale of Lessee’s interest in the Property under attachment, execution, or similar legal process.

h) Failure to Vacate. The failure of Lessee to vacate the Property upon termination of the Lease, unless County has otherwise agreed in writing.

i) Subletting and Assignment. Any attempt by Lessee to sublease or assign this Lease.

j) Failure to Maintain Insurance. Failure to maintain the required liability insurance as specified in Article 18 of this Lease.

ARTICLE 14: County’s Remedies.

Upon the occurrence of an event of default beyond any applicable notice period set forth in Article 13 above, and without further notice to Lessee in any instance (except where expressly provided for below), County may do any one or more of the following:

a) Terminate. The County shall have the right, at its election, upon providing fifteen (15) days prior written notice to Lessee, to cancel and terminate this Lease and remove all persons and property therefrom by summary proceedings; provided, however, that any such termination of this Lease shall be at the option or election of County, in its sole and absolute discretion.

b) Re-Let. In the event Lessee abandons the Property, or in the event County dispossesses Lessee but does not elect to terminate this Lease, then County shall have the right to re-let the Property or portions thereof for such periods of time and at such rentals as County may elect. County shall apply the net rentals first to the payment of County’s costs and expenses in dispossessing Lessee and re-letting the Property, including attorney's fees and costs; second, to the payment of costs and expenses incurred by County to make such repairs to the Property as may be necessary in order to re-let same; and the balance, if any, shall be applied by County to amounts due or payable by Lessee hereunder, if any, with the right reserved to County to bring such action or proceeding for the recovery of any deficits remaining unpaid, and without being obliged to await the end of the Lease Term for a final determination of Lessee’s account.

c) Retention of Rent, Security Deposit, and Other Items. In the event of the termination of this Lease by the County because of Lessee’s default, County shall, notwithstanding any other provision of this Lease, be entitled to retain the security deposit, any annual rent paid by Lessee, any personal property, equipment, materials, located on the Property, rights to all livestock crops present on the Property, and any and all rights and interest, then or future, to any revenue generated from the Property. In the event of such termination, Lessee hereby waives any claim whatsoever against County in connection with the security deposit, improvements made upon the Property by Lessee, rents paid, personal property located on the Property, crops present on the Property, and future revenue from the Property.

d) Subsequent Actions and Available Remedies. The commencement or maintenance of any one or more actions shall not bar County from bringing other or subsequent actions for further accruals pursuant to the provisions of this Article. The County may also pursue such other remedies as it may have in law or equity, and all such rights and remedies, whether expressly stated above or whether available at law or in equity, shall be deemed separate and cumulative, and no one remedy shall be deemed to be exclusive of any such other remedy.

ARTICLE 15: Ownership at Termination.

All buildings, structures, fixtures, and equipment of every kind now existing or hereafter erected, installed, or placed on the Property shall be deemed the property of the County at the expiration of the Lease Term or earlier termination of the Lease, and shall be left in good condition and repair, ordinary wear and tear excepted. Any non-fixture personally owned by Lessee at the expiration of the Lease Term or earlier termination of the Lease shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such non-fixtures, provided Lessee is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the Property until the damages suffered by County from any such default have been ascertained and compensated. Any damage to the Property caused by the removal of such personal property by Lessee shall be promptly repaired by Lessee at its expense. In the event Lessee fails to remove its personal property from the Property within fifteen (15) days from the date that the Lease expires or is earlier terminated, such property shall be deemed the property of County, and County may remove and retain the same in its possession and may sell same at public auction and retain all proceeds.

ARTICLE 16: Right-of-Entry.

At the end of the Lease Term or any extension thereof, Lessee shall have a right of entry for the purpose of accessing the Lease Premises for a period of up to thirty (30) days from the end of the Lease Term or extension thereof. Such right of entry shall only be for Lessee to remove personal property on the premises or repairing the premises. In the event Lessee utilizes such right-of-entry as afforded under this provision, Lessee shall indemnify and hold County harmless from and against any claim, cause of action, charge, or expense arising out of or resulting from Lessee's activities on the Property during said thirty (30) day period. Additionally, during the thirty (30) day period, Lessee shall give at least twenty-four (24) hours’ notice to County prior to entering the Lease Premises. This Article 16 shall survive the termination or expiration of this Lease.

ARTICLE 17: Damage or Destruction of Leased Property.

Except as otherwise provided in this Lease, if the Property, Lease Premises, pasture, or any portion thereof, is damaged or destroyed by virtue of actions related to and arising from Lessee’s use of the Lease Premises, Lessee shall, to the extent of the insurance proceeds, and any grant funding and/or compensatory award that may be available, promptly repair, replant or replace the same, and any insurance proceeds, grant funding and/or compensatory award received with respect to such damage or destruction shall be applied to payment of the expenses of such repair, or replacement, and any excess proceeds shall belong to Lessee. Any other terms or provisions of this Lease pertaining to the use of the Lease Premises as cattle grazing shall be binding upon the Lessee in the performance of said work.

ARTICLE 18: Insurance.

Lessee shall provide and maintain in full force and effect during the Lease Term liability insurance of the types and amounts specified in Exhibit "C" entitled: Insurance Requirements, attached hereto and incorporated herein by reference. Failure to maintain the required insurance shall be considered an event of default under this Lease. In addition to insurance disclosure within Exhibit C: Attachment ITB-26-XXXXX Insurance Requirements shall be included to this project advertisement.

ARTICLE 19: Indemnification.

In consideration for the granting of this leasehold interest by the County, Lessee shall indemnify and hold County harmless from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses, including attorney’s fees and court costs, which may be asserted against, imposed upon or incurred by County by reason of loss of life, personal injury, damages to property, or otherwise occurring due in whole or in part to the activities of Lessee, its agents, employees, contractors, and invitees, under this Lease.

ARTICLE 20: Statement of Assurance.

During the performance of this Lease, Lessee hereby assures County that Lessee is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that Lessee does not on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against Lessee's employees or applicants for employment. Lessee understands and agrees that this Lease is conditioned upon the veracity of this Statement of Assurance. Furthermore, Lessee hereby assures the Hillsborough County Board of County Commissioners that Lessee will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. Other applicable federal and state laws, executive orders, and regulations prohibiting discrimination as described herein are included within this reference. This Statement of Assurance shall be interpreted to include Vietnam‑Era veterans and disabled veterans within the protective range of its applicability.

ARTICLE 21: American with Disabilities Act.

Lessee acknowledges that the Americans with Disabilities Act of 1990 (as applicable) , as amended (hereinafter the “ADA”), imposes certain requirements upon the owners, lessees, and operators of commercial facilities and places of public accommodation, including without limitation, prohibitions on discrimination against any individual based on disability. Accordingly, but without limiting the generality of and notwithstanding any other provision of this Lease, Lessee agrees to take all proper and necessary action to cause the Leased Property to be ADA compliant and assumes all responsibility to ensure the continued compliance of the Leased Property with all provisions of the ADA throughout the Lease Term. Reference Article 27 Severability: As this lease contorts to a land lease of which is determined primitive land conditions without structures and therefore, as is in its present stature, this Article 21 clause is not applicable and shall survive and shall be applicable should such improvements and structures are constructed upon the leased property.

ARTICLE 22: Assignment and Subleasing.

Lessee shall not sublease, assign, license, or otherwise encumber the Property or any portion thereof or assign any of its rights or obligations pursuant to this Lease. Any attempt to sublease or assign this Lease shall be considered an event of default.

ARTICLE 23: Subrogation.

The County shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required by Lessee, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this Lease and shall be promptly due and payable by Lessee to County.

ARTICLE 24: Maintenance of Records.

Lessee shall keep and maintain adequate records and support documentation of its operations for a minimum of five (5) years following the expiration of the Lease or earlier termination. The County and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as often as County deems necessary during the Lease Term. The five (5) year time period will be extended until audit findings are issued if an audit is initiated during the five (5) year period. Such activity shall be conducted only during normal business hours.

ARTICLE 25: Notice.

All notices under this Lease shall be sent in accordance with the procedure set forth in Exhibit “E” entitled: Notice, which is attached hereto and made a part hereof. This exhibit best represents Lessee’s contacts for name, address, contact name and email address for completion prior to contract award.

ARTICLE 26: Signs.

Unless otherwise authorized herein, Lessee shall not place any sign or other advertising matter or material on the Property without the prior written consent of the County.

ARTICLE 27: Severability.

If any article, clause, phrase, or portion of this Lease is for any reason held invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, then such provision or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Lease, which remaining provisions shall continue in full force and effect if the rights and obligations of the parties contained herein are not materially prejudiced and the intentions of the parties continue to be effective.

ARTICLE 28: Survivability.

Any term, condition, or obligation which requires performance by either party subsequent to the termination of this Lease shall remain enforceable against such party subsequent to termination, including but not limited to the indemnification clause contained herein.

ARTICLE 29: Nonwaiver.

Failure of County to insist upon the strict performance of any covenant, condition, term, or obligation of this Lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of County’s right to enforce such covenant, condition, term or obligation.

ARTICLE 30: No Recordation.

Neither this Lease nor any notice of it shall be recorded in any public records without County’s prior written consent, which consent may be withheld in County’s sole and absolute discretion.

ARTICLE 31: Public Entity Crimes.

Lessee affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the Lessee been convicted of a public entity crime. Lessee agrees that it shall not violate such law and further acknowledges and agrees that any conviction thereof during the Lease Term of this Lease may result in the termination of this Lease.

ARTICLE 32: Sustainability.

Lessee acknowledges that the County may develop sustainability practices from time to time. Lessee shall exercise its best efforts to comply with County’s sustainability practices and procedures. More specifically, Lessee shall comply with County practices that include but are not limited to the purchase of sustainable products meant to eliminate single-use packaging, energy conservation, reduction in utility costs, greenhouse gas emissions, and renewable energy. In addition, Lessee shall comply with the collection, sorting, separation, and recycling of garbage and recyclable materials. County may refuse to collect or accept from Lessee any waste that is not separated and sorted, and to require Lessee to arrange for such collection at Lessee’s sole cost and expense, utilizing a contractor satisfactory to County. Questions regarding sustainability practices should be made to: Sustainability@hillsboroughcounty.org.

ARTICLE 33: Authority.

The person(s) executing this Lease on behalf of each party warrant that they have the authority to so execute this Lease and to bind the party on whose behalf they are signing. If Lessee is a corporation or partnership, the person executing this Lease on behalf of Lessee represents and warrants that Lessee is duly organized and validly existing; that this Lease has been authorized by all necessary parties; and that this Lease is validly executed by an authorized officer or agent of Lessee and is binding upon and enforceable against Lessee in accordance with its terms.

ARTICLE 34: Entire Agreement.

This Lease constitutes the entire agreement between County and Lessee, and it shall not be amended, altered, or changed except by a written amendment to the Lease executed by the parties hereto, notwithstanding the Limited Delegation of Authority regarding revisions to the premises as set forth in Article 2 (d) of this Lease.

ARTICLE 35: Electronic Signatures Authorized.

The parties agree that this Lease and all documents associated with the transaction contemplated herein may be executed by electronic signature in a manner that complies with Chapter 668, Florida Statutes, and as approved by the Hillsborough County Board of County Commissioners in Resolution R15-025 on February 4, 2015.

ARTICLE 36: Multiple Counterparts.

This Lease may be executed in more than one counterpart, all of which taken together shall constitute one and the same original, and the execution of separate counterparts by the parties shall bind the parties as if they had each executed the same counterpart.

[SIGNATURES PROVIDED ON THE FOLLOWING PAGES]

IN WITNESS WHEREOF, County and Lessee have caused this Lease to be executed as of the date first above written, by their respective duly authorized officers.

SIGNED AND SEALED IN THE LESSEE:

PRESENCE OF:

By:

Print Name:

Print Name: Corporate Seal (where appropriate):

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

The foregoing instrument was acknowledged before me by means of (__) physical presence or (__) online notarization this ___ day of ___________, 202_ by __________________________________ who is (__) personally known to me or (__) has produced __________________________ as identification.

NOTARY PUBLIC

Sign:

Print Name:

(Notary Seal) My Commission Expires:

Approved as to Legal Sufficiency BOCC Doc No. _________________

By:

Assistant County Attorney

EXHIBIT LIST

Exhibit “A-1” Property Location Map

Exhibit “A-2” Cattle Lease Boundary

Exhibit “B” Security Deposit and Rent

Exhibit “C” Insurance Requirements

Exhibit “D” Cattle Grazing Lease Certificate of Confirmation

Exhibit “E” Notice

ITB-26-XXXXX Contract Terms and Conditions

D.1