STATE OF FLORIDA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

FLORIDA FOREST SERVICE

3125 CONNER BOULEVARD, TALLAHASSEE, FLORIDA 32399-1650

CATTLE GRAZING AGREEMENT

SNOW HILL 2025-2026 GRAZING AGREEMENT

Pursuant to the authority in section 589.011, F.S., this Agreement is entered into this __________ day of ________________, 20______, by and between the State of Florida Department of Agriculture and Consumer Services, Florida Forest Service, hereinafter called Department and, , , hereinafter called the Lessee.

WITNESSETH

That the Department and the Lessee for and in consideration of the mutual covenants herein set forth agree as follows:

1. The above-named Lessee will use the lands hereinafter described according to the terms of this agreement and will be responsible for abiding by the terms and conditions of this agreement.

2. The Department hereby designates the Orlando Forestry Center Manager as its Contract Manager, responsible for coordinating with the Lessee in matters pertaining to this agreement, its terms and conditions.

3. In consideration of the annual payments outlined below, the Department grants to the Lessee the right to graze cattle upon the following described lands situated in Seminole County, Florida, (see attached maps), containing 1,415 acres, more or less, hereinafter referred to as the “Land,” and more particularly described as follows:

Portion of Section: 34; Township: 20 South; Range: 32 East Portion of Section: 02; Township: 21 South; Range: 32 East Portion of Section: 10; Township: 21 South; Range: 32 East Portion of Section: 11; Township: 21 South; Range: 32 East

The Lessee agrees to pay the sum of $ per allowable animal unit annually. For the initial twelve-month period of this agreement, the stocking rate is established at 250 allowable animal units, resulting in a total payment of $ , the receipt of which is hereby acknowledged. The Lessee further agrees to make subsequent annual payments at the same rate per allowable animal unit, without demand, on or before of each year throughout the term of this agreement and any extensions thereof.

The Lessee agrees to meet with the Contract Manager, or designee, a minimum of twice per year with the second meeting occurring no later than 30 days prior to each annual payment. During these meetings, adherence to the 5-year Grazing and Land Management Plan, current range conditions, and pasture performance from the past year will be reviewed. Under no circumstances will the Lessee permit hogs, sheep, or goats to range or graze on the Land. The Lessee also agrees to maintain a minimum stocking rate of 85% of the maximum allowable animal units.

4. (a.) The term of this agreement shall be for a period of five (5) year(s), beginning on the

, and ending on the , or until canceled by either party upon written notice sent to the other by registered mail to the addresses as hereinabove shown or terminated as hereinafter provided.

(b.) Six (6) months prior to the expiration of this lease agreement, the Department, at its sole discretion, may renew the lease agreement for one (1) additional five (5) year term, under the same terms and conditions or under new terms and conditions consistent with current Department standards and applicable law.

5. (a) The Lessee shall be responsible for ensuring that all cattle remain within the boundaries of the Land. The Lessee shall maintain the Land with a good and sufficient fence meeting or exceeding Natural Resources Conservation Service (NRCS) guidelines for fencing. Specifically: (i) All perimeter fencing must consist of at least 5 strands of barbed wire. (ii) All cross fencing shall consist of at least four

(4) strands of barbed wire. (iii) No fence will be nailed to any tree or stump regardless of species.

The Lessee agrees to always maintain all fencing in good condition, free from vegetation, and agrees to place gates and/or cattle gaps as designated by the Contract Manager. All fencing will be inspected annually by the Contract Manager, or designee. A written report noting any fencing discrepancies will be provided to the Lessee, who shall correct such discrepancies within 45 days of receiving the written report.

(b.) During the term of this lease agreement, the Lessee shall construct and maintain all required fences, gates, and cattle gaps at the Lessee’s cost and expense, using materials approved in advance by the Contract Manager. No fence shall be removed at the termination of this lease agreement. Sections of the agreement Land where it has been determined fencing is not present or is in poor condition at the time of agreement execution are shown on the attached maps. Cost-share will be considered for reasonable repairs outside of normal operation maintenance (e.g. rebuilding boundary fencing). Such repairs must be pre-approved by the Contract Manager and supported by receipts. Approved costs will be deducted from the annual fee.

(c.) This agreement permits the Lessee to use existing wells located on the Land, at the Lessee’s sole expense. Withdrawals of water shall be consistent with all applicable rules and regulations and water use permits, if any, issued by the applicable water management district (the “District”). The Lessee acknowledges that the Department makes no warranty or guaranty about any such well or its use, such as but not limited to the existence or continuation of governmental authorization of the quantities, the duration, or any other matter with respect to any such well. The Department retains full authority and control over any water use permit applicable to the Land. The Lessee further acknowledges and agrees that any water use permit is subject to modification or revocation by the District for matters which may be beyond the Department’s control, and the Department shall bear no responsibility or liability to the Lessee in the event of any such modification or revocation.

6. The Lessee shall take good care of the land, fences, cattle pens, and improvements on said Land and commit no waste. The Lessee shall protect the Land and improvements from degradation and/or improper use by other persons and shall immediately report to the Department or its representative any improprieties which may occur on the leased area. The Lessee shall not cut or remove any timber from the Land without a written permit from the Department. The Lessee agrees not to construct any structures on the Land.

7. The Lessee shall protect the Land, improvements, and timber from and against wildfires regardless of their origin or place and places of inception and shall use its utmost efforts to prevent and/or suppress any wildfire originating on the Land or likely to spread from other lands to the Land described herein. Any and all damage wrought by wildfires to the Land, improvements, and timber shall be immediately reported to the Orlando Forestry Center Manager.

8. In the event of a fire or fires caused or originated by the Lessee or with its knowledge or under its authority or believed to so originate, the Department shall have the right to terminate this agreement and all the rights hereunder immediately.

9. The Department, its agents, employees, successors, or assigns shall retain the right to enter upon the Land for any purpose, including but not limited to logging operations and other activities commonly associated with forest management. The rights of ingress, egress, and regress is retained without question by the Department, its agents, employees, successors, and assigns. The State of Florida, as the owner of the Land subject to this agreement and, as such, their agents, employees, successors, or assigns reserves the right to enter upon the Land under their respective authority for any purpose.

10. (a) The Lessee agrees to pasture all cattle on a quarantine field for the seven (7) days prior to their movement onto the Land at any time during the term of this agreement. The entire quarantine field must be thoroughly inspected for the presence of Tropical Soda Apple plants. This inspection will be conducted by the Department (Contract Manager or designee). The quarantine field will not be acceptable if it has been mowed less than 30 days prior to the inspection. If no certifiable quarantine field is available, cattle shall not be permitted to enter or move onto or within the Land.

(b) Upon execution of the agreement, the Lessee assumes responsibility for monitoring for and treating the following non-native invasive plant species within the lease area: (i) Tropical soda apple (Solanum viarum), (ii) Chinese tallow (Triadica sebifera), (iii) Camphortree (Cinnamomum camphora), (iv) Caesarweed (Urena lobata), (v) Cogongrass (Imperata cylindrica), (vi) Coral ardisia (Ardisia crenata), (vii) Brazilian pepper (Schinus terebinthifolius) plants, or (viii) any other non-native plants of concern found to occur within the lease area using methods approved by the Department.

Treatments will occur at a minimum of three (3) times annually, with the goal of preventing fruit production and further spread of the plants. If any new non-native plants of concern are found within the lease area, then they will also be the responsibility of the Lessee to treat. A minimum of 20% of the lease area shall be treated each year. The Department may inspect the lease area to evaluate treatment effectiveness. If a treatment is determined to be ineffective, re-treatment by the Lessee may be required.

If any new non-native plants of concern are found within the leased Land, then they will also be the responsibility of the Lessee to treat.

(c) If the Lessee fails to treat Tropical Soda Apple or other non-native invasive plants of concern or they are found to be spreading within the lands covered by this agreement at any time during the term of this agreement, the Department reserves the right to terminate this agreement.

(d) The Lessee shall report any new invasive species locations found within the lease area to the Department within 30 days of discovery.

(e) To minimize the possibility of transporting and spreading non-native plant species, all equipment used by Lessee must be cleaned of all dirt and plant material prior to moving onto the Land, and again prior to departing the Land.

(f) The Lessee will be required to provide the Department with the following prior to treatment application: (i) a list of species targeted for treatment, (ii) treatment locations and acreages for treatment,

(iii) copies of product labels, and (iv) Manufacturers Safety Data Sheets (MSDS) for all herbicides or treatment products.

11. The Department retains the right to conduct prescribed burns on any portion of the Land for silvicultural purposes, upon notice to the Lessee by its agent or agents and Department agrees that the Lessee’s livestock may be allowed to graze on burned areas following such activities.

Areas planted with pine trees may be excluded from grazing for periods of up to five (5) years or longer, at the sole discretion of the Department. Upon notification, the Lessee agrees to exclude livestock from such areas for the duration specified by the Department.

The Lessee further agrees to cooperate with, and may assist in, prescribed burning activities when requested by the Orlando Forestry Center Manager. The Lessee may also request to conduct prescribed burns during the agreement term, subject to coordination and approval by the Department.

12. Wildlife and fish management laws will be enforced by the Florida Fish and Wildlife

Conservation Commission (FWC) on the Land covered under this agreement. Hunting, trapping, fishing, and overnight camping by the Lessee are strictly prohibited. The Department reserves the right to terminate this agreement and all of the rights hereunder immediately if a violation by the Lessee occurs.

The Contract Manager may authorize the Lessee to trap or dispatch feral hogs if such hogs are causing damage to pastures or surrounding wetlands. Before conducting any hog control activities, the Lessee shall obtain from the Florida Forest Service a Special Use Permit and a copy of the Florida Fish and Wildlife Conservation Commission Hog Control Permit. To remove feral hogs alive, the Lessee must be a registered Feral Swine Dealer with the Florida Department of Agriculture and Consumer Services.

13. All or portions of the Land may be designated for Special Opportunity Hunts under the

Operation Outdoor Freedom program. The Department reserves the right to conduct such hunts at any time during the term of this agreement, without interference from the Lessee. The Department will provide the Lessee with at least two (2) weeks’ advance notice of any scheduled hunts.

14. This Agreement shall not be assigned, nor shall the Land or any portion thereof be sublet by the Lessee to any person or entity without the prior written consent of the Department, its successors, or assigns. Such consent may be withheld at the sole discretion of the Department.

15. Any violation by the Lessee of any term or condition of this agreement shall constitute sufficient cause for the immediate termination by the Department, its successors, or assigns, upon 30 days’ written notice to the Lessee. All improvements constructed by the Lessee (excluding fencing) shall be removed within 90 days of delivery of said notice, or if not removed will become the property of the Department.

16. The Lessee agrees to assume full liability to the public for all damages resulting from the Lessee’s operations on the Land. The Lessee further releases the Department from any responsibility for damages to fences, improvements, or livestock resulting from the Department’s operations. The Lessee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the Department, and its officers, agents, and employees, from all suits, liability, actions, damages, and costs, including attorney’s fees, arising out of or related to any damage to property or bodily injury, including death, to any person, including Lessee, and/or Lessee’s licensees, invitees, employees, agents, contractors, or other third persons, arising from the use and occupancy of the Land by Lessee and/or Lessee’s licensees, invitees, employees, agents, contractors, provided, however that the Lessee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department.

17. The Lessee may apply soil amendments to pasture areas based on recommendations from an approved soil test and with prior approval from the Contract Manager. All applications shall be at the Lessee’s sole cost and expense.

18. At no time will the Lessee be allowed to establish new hay fields without prior approval from the Orlando Forestry Center Manager. Sub-soiling is strictly prohibited. Any cattle and/or crop management activity not explicitly covered by this agreement must receive prior written approval from the Department.

19. The Lessee shall not install any irrigation or drainage system on the Land without prior written approval from the Department. If approved, all piping and equipment must be installed above ground and removed by the Lessee prior to the expiration of this agreement. Failure to remove any piping or equipment may result in removal by the Department at the Lessee’s expense or the equipment becoming the property of the Department. It is the Lessee’s responsibility to protect and remove any approved piping prior to prescribed burns. The Department shall not be responsible for any damage to irrigation equipment not protected or removed.

20. The Lessee shall not place, store, bury, or otherwise dispose of, nor permit other to do so, any trash, garbage, waste, or hazardous, toxic, or dangerous substances or materials on or about the Land.

21. All petroleum or other storage tanks used by the Lessee must be portable, have a capacity of less than 500 gallons, and be equipped with impervious secondary containment.

22. Any spills, leaks, discharges, burials, disposals, or other releases of petroleum products

(including fuels), pesticides, herbicides, insecticides, fertilizers, or other hazardous, toxic, or dangerous substance or material shall be immediately reported to all Federal, State, and local governmental agency or authority to whom reports are required to be made, as well as the Contract Manager. Any costs for remedial action shall be borne by the Lessee.

23. The Lessee hereby represents and warrants that the Lessee understands and will comply with (i) all applicable Federal, State, and local laws, rules, regulations, codes, ordinances, and orders, including but not limited to, those affecting the environment, health, and safety; (ii) prudent industry practices; and (iii) label instructions for any substances or materials used, handled, or stored on or about the Land.

24. In the event that any entity with the power of eminent domain (“Condemnor”) condemns or acquires in lieu of condemnation or by other means, all or any portion of the Land or improvements subject to this agreement, the Lessee hereby waives any right, title, interest, or right of apportionment, to any award, compensations, or monies paid for the Land or improvements acquired. The Lessee may seek and recover from the Condemnor any separate business or other special damages permitted by law that relate to the Lessee’s independent business operations.

25. The Lessee hereby accepts the Land in its “AS IS”, “WHERE IS”, and “WITH ALL FAULTS” condition, without any obligation on the part of the Department to make any alterations, changes, improvements, repairs, or replacements of any kind. The Department makes no covenants, representations, or warranties as to the quantity, quality, or condition of the Land, or its value or fitness for any specific purpose, and no such covenants representations or warranties shall be implied.

26. The Lessee may, following prior approval from the Contract Manager, and at its own expense and throughout this agreement, perform roller chopping or mowing within the Land subject to this agreement. At no time shall native range be converted to improved pasture.

27. The Lessee agrees to relocate all supplemental feeding and mineral stations every 30 days.

28. The Lessee agrees to maintain enrollment in the Best Management Practices for Florida Cow/Calf Operations Program for the duration this agreement.

29. The Lessee agrees to comply with all additional management activities outlined in the 5-year Grazing and Land Management Plan developed by the Lessee and associated with this agreement.

30. The conditions of lease are completely set forth in this agreement and none of its terms can be varied or modified, except by a fully executed amendment to this agreement signed by both parties.

31. Any violations of this Agreement will subject the Lessee to the possible termination of this Agreement, forfeiture of the Lessee’s annual payment, and may prohibit the Lessee from bidding on future State Lands cattle grazing leases for up to five (5) years.

32. Any notice required under this agreement shall be in writing and be personally delivered, transmitted by postage prepaid registered mail, or transmitted by a recognized overnight courier service to the following address:

To the Department:

Florida Forest Service Little Big Econ State Forest 1350 Snow Hill Road Geneva, FL 32732 Attention: Michael Facente

To the Lessee:

[Lessee Name] [Lessee Address]

33. A Certificate of Insurance shall be furnished by the Lessee and shall include the State of Florida, Florida Department of Agriculture and Consumer Services as additional insured with the minimum coverage as follows:

CONTRACTOR'S COMMERCIAL GENERAL LIABILITY INSURANCE

The Lessee shall take out and maintain during the life of the contract:

Minimum Limits of Liability $1,000,000.00 each occurrence

$2,000,000.00 aggregate

Including Bodily Injury, Property Damage and products and completed operations.

CONTRACTOR’S AUTOMOBILE LIABILITY INSURANCE

The Lessee shall take out and maintain during the life of this agreement Automobile Liability insurance for all claims, which may arise from all operations performed under this agreement:

Minimum Limits of Liability $300,000.00 any automobile

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written.

Witnesses: STATE OF FLORIDA DEPARTMENT OF

AGRICULTURE AND CONSUMER SERVICES

WILTON SIMPSON, COMMISSIONER

Signature Director, Division of Administration

Signature Date

Witnesses: LESSEE:

Signature Signature

Signature Title

Date