The URL can be used to link to this page

Home My WebLink About2015-066FWC Youth Hunt Agreement No. /r3 ?I/ itT) k0 81. LEASE AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA .0 o 66 AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION This Lease Agreement ("Lease") is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida whose address is 1801 27th Street, Vero Beach, Florida 32960, hereafter, ("County"). NOW THEREFORE, the COMMISSION and the COUNTY, for the considerations hereafter set forth, agree as follows: 1. TERM: This Lease shall apply to the following dates: April 24-26; September 4-6, October 2-4, December 4-6, 2015 and shall remain in effect as outlined in Attachment A — Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. LEASED AREA: The land subject to this Lease, generally known as Sand Lakes Conservation Tract is approximately 1,256 acres in Indian River County, Florida, as more particularly outlined on the map provided in Attachment B attached hereto (the "Premises"). 3. ADDITIONAL APPROVALS: The Commission shall be responsible for acquiring special use permits for the above listed dates from ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, whose mailing address is Post Office Box 1429, Palatka, Florida 32178-1429 ("DISTRICT") and is listed as partial owner of this property. This Lease is contingent upon the Commission receiving permission to conduct the lease activities. 4. USE OF LEASED AREA: The Commission shall use the Premises to hold a Commission -sponsored activity as described in Attachment A — Youth Hunting Program of Florida Youth Hunt Announcement Form. The COMMISSION'S use of the Premises shall be consistent with and not interfere with the DISTRICT'S management plan for the land. During the term of the Lease, the COUNTY shall not interfere with the exclusive uses of the land by the COMMISSION except that in an emergency situation, the COUNTY reserve the right to access the property during the term of the Lease without notice to COMMISSION. The term "emergency" shall mean those situations, such as wildfire, vandalism, or dangerous trees, that will, in the sole opinion of the COUNTY, have an immediate and irreparable adverse impact on the Premises or which require the protection of human life in imminent danger or other such exigent circumstances of grave consequence. 5. CONTROL OF THE PREMISES. COMMISSION shall be responsible for the control, maintenance, security, and management of the Premises, and is responsible that all activities conducted on the premises are conducted in a safe manner. The Commission shall also be exclusively responsible for notifying the public that the area is closed during the lease period and exclusively responsible for removing any signage that is posted to do that. The COUNTY shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises. 6 STRUCTURES: The COMMISSION shall obtain prior approval from the COUNTY and the DISTRICT before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the COUNTY and the DISTRICT. Page 1 of 4 FWC Youth Hunt Agreement No. /13 9 7 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission -sponsored youth hunt. Dead animals and parts of dead animals must be disposed of off-site or in a location coordinated with the DISTRICT'S Land Manager. Further, except as approved in writing by the COUNTY and the DISTRICT, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing vegetation by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F S , the COMMISSION shall be responsible for any Toss or damage resulting in whole or in part from its use of the Premises under the terms of this Lease. Nothing contained herein shall be construed as a waiver of any limitation that the COMMISSION or the COUNTY may enjoy in accordance with s. 768 28, F.S , or any other law providing limitations on claims. 9. TERMINATION: Either party may terminate this Lease by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Lease upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Lease. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNERS COMMISSION Indian River County Diane Roth Eggeman 1801 27th Street Florida Fish and Wildlife Vero Beach, Florida 32960 Conservation Commission 620 South Meridian Street St. Johns River Water Management District Tallahassee, FL 32399-1600 P.O. Box 1429 Palatka, Florida 32178-1429 11. MODIFICATION OF LEASE: No waiver or modification of this Lease or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Lease may be unilaterally canceled by the either party to this Lease for refusal by the other party to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the other party in conjunction with this Lease. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Lease shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. Page2of4 FWC Youth Hunt Agreement No. /93 9-V 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Lease. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on an agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on an agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity 16. SEVERABILITY AND CHOICE OF VENUE: This Lease has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Lease shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Lease. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Lease be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Lease, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Lease. 19. ENTIRE AGREEMENT: This Lease with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Lease shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Signatures On Following Page Page 3of4 FWC Youth Hunt Agreement No IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed through their duly authorized signatories on the day and year last written below Approved as to Form and Legal Sufficiency Carla Oglo, FWC Assistant General Counsel ATTEST: Jeffrey R Smith, Cler . •f Court and ,amptroller B Approved A.� Lessee Florida Fish and Wildlife Conservation Commission 5--e-Q, gtoW/ Diane Roth Eggern, Director Division of Hunting and Game Management Date Lessor. Board of County Commissioners Indian River County, Florida feslev S D is. Chairman . y�•• • F9f Approved by BCC •.ri1 2t a Date •.ri1 7 2015 s: t ;oma !VR pC. 0. p eph A. Igaird, County Administrator Approved as . Forrr-nLe i7Sufficiency William K. DeBraal Deputy County Attorney Page 4of4 FWC Youth Hunt Agreement No. /4 3?'1 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed through their duly authorized signatories on the day and year last written below. Approved as to Form and Legal Sufficiency: Carla Oglo, FWC Assistant General Counsel Lessee: Fish : d Wildlife Conservation Com fission 'w44‘81t Q Diane Roth Eggeman, Dir Division of Hunting and Ga • - anagement Date: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attorney APPROVED AS TO FORM AND LEGALFFICI ommiaelon Attomey Lessor: Board of County Commissioners Indian River County, Florida Wesley S. Davis, Chairman Approved by BCC Date: Page 4 of 4 Youth Hunting Program of Florida registration form 00 Date of birth E z 1 Organization Mailing address: Landowners will: • Retain control over all aspects of the hunt • Receive umbrella liability protection under Florida Statute 375.251 is Receive a tax deduction for the donated hunt (if desired) We promise to run a safe, mentored and educational youth hunt. Volunteers: It will take thousands of volunteer hours each year to make the Youth Hunting Program of Florida successful. Our volunteers: • Become huntmasters who we train to plan, coordinate, manage and lead youth hunts • Oversee firearm instruction and super- vise shooting ranges • Conduct hunter education activities • Serve as guides • Provide medical expertise is Serve as cooks In addition to running youth hunts, the program needs assistance with administra- tion and manning booths at outdoor trade shows. Family participation is encouraged. Organizations: We can help you start your own Youth Hunting Program. Call to discuss your organization's role in the future of hunting. YSer G 2+� EXHIBIT "A" Then, let us assist you in: is Training your members to conduct youth hunts • Establishing your youth program • Helping find places to host your youth hunts • Providing you with youths who are in- terested in hunting Get involved Complete and return the attached applica- tion. For more information about the Youth Hunting Program of Florida, call 850-413-0084 or go to MyFWC.com/huntersafety MyFWC.com This agency does not allow disci iminntion by rare, color nxtionnlity, sex or handicap. If you believe you have been discriminated against in any program, activity or facility of this agency, write to: Florida Fish and Wildlife Conservation Corn mission. 620 South Meridixn S(.rnot, Tv Iluhnxarn, FI, :42:000-1000. 25K 05110 `: primed on , 'o.Ied paper ®�ft4 utin r 4 gr Preserving the hunting tradition'.. in Florida; forfuture generations MyFWC.com Florida Fish and Wildlife Conservation Commission Share the heritage - get involved! Mission: To increase the number of youths involved in educational, safe, mentored wild- life and hunting activities. Goals: a Preserve the hunting heritage in Flori- da for present and future generations is Promote the highest ethical standards in hunting ■ Give our youth an initial, positive, safe, educational mentored hunting experi- ence • Teach the basic skills, values, tech- niques and responsibilities of hunting ■ Instill a basic understanding of practi- cal conservation measures ■ Encourage wildlife habitat access, en- hancement and management Needs: • Landowners and hunting clubs that are interested in hosting a weekend youth hunting event • Volunteers who are interested in being trained as huntmasters, hunter safety instructors, cooks or guides a Organizations that are interested in financially supporting the Youth Hunt- ing Program of Florida a Young men and women between the ages of 12 and 17 who are interested in learning the hunting experience Learn how to hunt safely, legally and ethically At our youth hunts, you will: • Learn how to hunt safely, legally and ethically a Develop marksmanship and firearm skills o Learn how to track and process game is Learn the relationship between hunting and conservation o Appreciate nature firsthand o Make new friends is Spend quality time with family, friends and experienced hunters - a Leave with experiences and memories that will last a lifetime Join the Youth Hunting Program today! To join the Youth Hunting Program, you must: s Be 12 to 17 years old ■ Complete and submit the attached application To hunt in the Youth Hunting Program of Florida, members must: • Complete the Florida Hunter Safety course, regardless of age, and be able to provide a copy of their completion card. For a list of Florida Hunter Safety courses in your area, go to MyFWC.com/ huntersafety. • Be accompanied by a parent or guardian ■ Complete the Youth Hunting Program release forms sent to them when they are selected for a youth hunt • Submit a refundable deposit to secure their spot when selected for a youth hunt, helping to ensure that all youth hunting opportunities are utilized Complete the application on the other side of this brochure and return it to: Youth Hunting Program of Florida 620 South Meridian Street Tallahassee, FL 32399-1600 or fax to 850-413-7989 The future of hunting depends on you! The Florida Fish and Wildlife Conservation Commission (FWC) has joined forces with other interested agencies and organizations to offer youth hunts that are safe, educational and affordable. The FWC's Youth Hunting Program sponsors introductory, instructive youth hunts for deer, turkey, hogs, exotics, dove, small game, waterfowl and other vari- ous species. Hunts are family oriented, and in most cases, lodging, meals and mentors are provided. Volunteers make it happen! We have a place where you can contribute. Only through the passion and generosity of its volunteers can the Youth Hunting Program of Florida provide thousands of safe, educa- tional and memorable hunting experiences for our youth. The program is based on volunteer landowners who graciously open up their prop- erties to youth hunting, and other volunteers who plan and facilitate the hunts. The Youth Hunting Program provides everything needed for a wonderful hunting experience — except for the hunting opportunities and the dedicated people to run them, To help preserve hunting for future generations, today's youth must be provided quality hunting experiences to get them excited and hooked on hunting for life. There are many volunteer opportunities for you to participate within the Youth Hunting Program of Florida. How you can help Landowners and hunting clubs: Encourage and allow youths to hunt on your property With the majority of hunting land in Florida privately owned or leased out to hunting clubs, the Youth Hunting Program of Florida needs your support in order to develop new hunters. If you provide the place to hunt, we'll do the rest. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Division of Hunting. and Game. Management.— Hunter Safety Section YOUTH HUNT ANNOUNCEMENT FORM (Exhibit A) Please submit this form 90 days prior to the first date of the hunt. *NOTE: If this is a new landowner, please attach Legal Description of property as well as map of hunting area (this can be handrawn). 1 Details of Youth Hunt Name of Property/Hunting Club (LESSOR): $ter 4 L J T- Dates of Youth Hunt.4r 1 aU-ab t Sep L1 " Oc+ Z— oared 'Dec' 44 2t2t5 1GortcerVethen Emergency Phone # During Youth Hunt: 7712- 55 el -czOS' *Location of Youth Hunt (see note above): City: PillSmere County J -144.1 an --P) vier Approximate acreage ttaSfo Landowner Contact Information (Nance, Address, 5+• Sonn's Rtvv WMo dean o9 ae}d sf• -1 Pa, -ee�rid4 City. State and Zip) +- aSieficf .3z1 7?- Landowner Daytime 3E4,- 3-21-1/335 Phone Number - FWC Aeency Representative: Juan Abe. FWC Representatives Phone: S -D — Lj 8 - Sg84 Assiened Huntmaster(s) 'Pobe-.4- .erseel Huntmaster Phone (include area (ode) Days: Evening: Cell: 77-2-. 9 - 'aZ 631g Hunt Information Type of Hunt (check all that apply and list ❑ Deer - 56 Hog - quantity ❑ ❑ desired to be harvested) • Alligator - ❑ Quail - ❑ ❑ Coyote - - Doe - ❑ Turkey - Waterfowl - ❑ Dove - Other - Number of youth hunters supplied by landowner: 0 Number of youth hunters supplied by YHPF• - Total number of youth hunters: O Will hunters be campine? XYes ❑ No Does FWC need to order portolets'? ❑ Yes [X] No Is there access to fishing that the LESSOR authorizes LESSEE to use'' ❑ Yes g No Are there cooking facilities that LESSOR authorizes LESSEE to use? ❑ Yes A No Additional Comments Will Huntmaster need cooking equipment. food or help making food arrangements? ❑ Yes 2 No Additional Comments• Are there lodging facilities that LESSOR authorizes LESSEE to Will Huntmaster YHPF'? ❑ Yes Additional Comments: need camping supplies and/or equipment from No use? ❑ Yes L No Fn Additional Continents Are there game cleaning facilities that LESSOR authorizes Are there permanent hunting LESSEE use? ❑ Yes Additional Comments stands that LESSOR authorizes LESSEE to use9 ❑ Yes F No 1, No Additional Comments. Will Huntmaster need hunting supplies and/or equipment from Youth Hunting Program,of Florida c/o.Florida Fish and Wildlife Conservation Commission 620 South Meridian Street:Tallahassee, FL 32399-1600 (850) 413-0084 (850) 413-7989 (fax) MyFWC.com YHPF? Yes `� No Additional Comments Ree 3/9/21115 EX- IBIT I I 3"1 I:jManagement Areas 0414 Cfrty4ithsmdsties.Tront.24307aral Pate L.' County Soursies = trews tete 14WY - MS HWY - State HWY - Others A:x=1mm Scece=1,G4FP.A.N35,-123 katwatosirsgax Sam tares thearesrthrp.aza,rizewl1W1312:11-36 8 Th.e. Se Zver.4 Seve, Alcasjeaese birrxtcr prepare: Irforecelion fcr frsaret elis msy roe +. sairtdie far =is r Nierx-r:a proviS:-.: es Fureieer of cet: Ccn atelod Der..%...nr V,t,r 106. -rove etopesphic Lefeecc-spe. Sravear.'esrcagras 4....,sgo. PASsoa 144S 4049 ;Iced Styes, rceise 32e - r.5&) ste-sirs Final Board Approval December 2008