SUWANNEE RIVER WATER MANAGEMENT DISTRICT INVITATION TO BID ITB NO. 14/ AO STEINHATCHEE SPRINGS CATTLE GRAZING LEASE.

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1 SUWANNEE RIVER WATER MANAGEMENT DISTRICT INVITATION TO BID ITB NO. 14/ AO STEINHATCHEE SPRINGS CATTLE GRAZING LEASE Table of Contents Section Title Page 1 Introduction 2 2 Proposed Schedule 2 3 Instructions to Bidders 2 4 Key Points 3 5 General Conditions 4 6 Bid Response Forms 7 7 Additional Management 8 8 Bid Maps 11 9 Draft Agreement Weather Parameter Standards 25 Suwannee River Water Management District 9225 CR 49 Live Oak, FL (Fax) (Florida only)

2 SECTION 1 - INTRODUCTION The Suwannee River Water Management District (District) is requesting bids for cattle grazing license on District lands. A portion of Steinhatchee Springs Tract in Lafayette County, Florida has been identified as a suitable cattle grazing area. The area is located in portions of Sections 7, 8, 17, 18, 19, 20 and 30, Township 7 South, Range 11 East; and portions of Sections 12, 13 and 24, Township 7 South, Range 10 East. The area is approximately 2,700 acres and is comprised of approximately 1,600 acres of forested and forest regenerating uplands with 1,100 acres of wetlands and sloughs. Attached is a bidder acknowledgement form, bid form, draft grazing agreement, District standards and maps. Please review all of the conditions in the enclosed bid package and inspect the lease area prior to submitting a bid. The length of the contract is 5 years with an optional 5 year extension. The current stocking rate for this grazing lease is not to exceed 106 animal units. Stocking rates may be reviewed by the District and adjusted each year prior to payments being made. SECTION 2 - PROPOSED SCHEDULE July 24, 2015 Release of Invitation to Bids (ITB) August 5, 2015 Optional pre-bid meeting at 10:00 a.m. at Steinhatchee Springs Tract.* August 19, 2015 Request for Bids due prior to 10:00 a.m. Opening will occur at this time.* September 1, 2015 ITB Selection Committee Meeting at 10:00 a.m.* October 13, 2015 Request for Governing Board authorization of contract.* * Denotes a public meeting. SECTION 3 - INSTRUCTIONS TO BIDDERS Delivery of Bid: One original and three (3) copies of the Bid Response Form and all other relevant documents addressing experience should be sent in one envelope to: Pennie Flickinger, Business Resource Specialist Suwannee River Water Management District 9225 County Road 49 Live Oak, Florida Phone: Bids are due at the above address by 10:00 a.m. on August 19, Bids received after this time, for any reason, will be rejected. Proposals that are mailed in should be sent for delivery the day prior to due date. No common carrier guarantees next day delivery to District headquarters. FAX or transmittals will not be accepted. All Proposals shall be submitted in sealed envelopes with the following clearly marked in large, bold and/or colored lettering. ITB No. 14/ AO Steinhatchee Springs Cattle Grazing Lease Bid Opening August 19, :00 a.m. 2

3 Bidders delivered in an envelope not properly marked with the ITB number and Bid opening date and time that are inadvertently opened by District personnel will not be considered. The Bids shall be hand-delivered or mailed, preferably by registered mail. Omission of any required information will deem the bid package as non-responsive. Additional Information: Additional Bid packages may be obtained by logging on to or by contacting Pennie Flickinger, Business Resource Specialist, at or SECTION 4 KEY POINTS Pre-Bid Meeting: An optional pre-bid meeting will be held at 10:00 a.m. on August 5, Individuals, firms or representatives are invited to meet District staff at the visitor center at R. O. Ranch Equestrian Park (10807 S. State Road 51, Mayo, FL 32066) for introductions and to receive information. From there District staff will lead potential bidders through the Steinhatchee Springs Tract grazing area with occasional stops so bidders can ask questions. The meeting is expected to last for approximately two hours. Licensee Management Requirements: The following is a brief summary of management requirements that must be completed. More detailed requirements are indicated in the attached draft Grazing Agreement. Please review this information and details in the Grazing Agreement. Licensee is required to construct parameter fencing (48,432 feet more or less) during the first year of the agreement, maintain all fencing in good working order, install a minimum of 9 gates during the first year of the agreement, mow and maintained a drivable surface on all secondary roads within the grazing area following District standards, maintain District installed cattle guards/gaps along access public roads, manage or restrict cattle access during District management activities (e.g. prescribed fire, timber harvest, road maintenance, etc.), remove cattle and equipment before major flooding events, follow all animal husbandry principles and practices applicable to livestock production, and use the grazing area properly and efficiently. Draft Grazing Agreement: Section 9 contains a draft grazing agreement. The agreement should be reviewed thoroughly by all potential bidders. Questions about the agreement should be asked during the pre-bid meeting. Exotic Plant Management: No known infestations are located on the lease at this time. The Lessee will be responsible for exotic plant management if an infestation occurs in the grazing area. Selection of Licensee: The District currently conducts various management activities in the grazing area. Bidders are encouraged but not required to offset District management costs by taking responsibility of specific management activities. Management responsibilities are selectable on the Bid Response Form. Total Bid Price must be based on the selected management activity. Please review the management activities section, maps and District 3

4 standards before selecting a responsibility. Language will be added to the final grazing agreement based on the selections. Rejection of Bids: The District reserves the right to reject any and all bids or other bids submitted in response to District invitation. District also reserves the right to waive any minor deviations in an otherwise valid proposal. Tie Bids: In cases of a tie for high bid, the successful bidder will be determined by a random drawing. Please contact Bill McKinstry, Land and Facilities Operations Manager, , if you have any questions concerning this lease. SECTION 5 - GENERAL CONDITIONS 1. EXECUTION OF BID: Bid form must contain a manual signature of authorized representative in the space provided. Bid must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by bidder to his bid price must be initialed. The company name and F.E.I.D. number must also appear on the bid form as required. 2. NO BID: If not submitting a bid, respond by returning only this bidder acknowledgment form, marking it "NO BID" and explain the reason in the space provided above. Please sign and print your name, title and company name in the space provided. 3. BID OPENING: Bid opening shall be public, on the date, location and the time specified on the Invitation to Bid. It is the bidder's responsibility to assure that his bid is delivered at the proper time and place of the bid opening. Bids which for any reasons are not so delivered will not be considered. Offers by telegram or telephone are not acceptable. A bid may not be altered after opening of the bids. 4. PRICES, TERMS AND PAYMENT: Firm price shall be bid. 5. MISTAKES: Bidders are expected to examine the specifications and all instructions pertaining to the bid. Failure to do so will be at the bidder's risk. In case of mistake in extension the unit price will govern. 6. INTERPRETATIONS/DISPUTES: Any questions concerning conditions and specifications shall be directed in writing to this office for receipt no later than ten (10) days prior to the bid opening. Inquiries must reference the date of bid opening and bid name. No interpretation shall be considered binding unless provided in writing by the District in response to requests in full compliance with this provision. If a respondent intends to protest District s intent to award contract, the notice of intent to protest must be filed in writing within 72 hours after posting of a notice of intent to award contract and the respondent shall file a formal written protest within ten (10) days after filing of notice of intent to protest. Any respondent who files a formal written protest pursuant to Chapter , Florida Administrative Code, and Section (3), Florida Statutes shall post with the District at the time of filing the formal written protest, a bond pursuant to Section (2)(c), Florida Statutes (2014).Failure to file a notice of intent to protest or failure to file a formal written protest within the time prescribed in Chapter , Florida Administrative Code and Section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. More specifically, Failure to file a protest within the time prescribed in Section (3) Florida Statutes shall constitute a waiver of proceedings under Chapter 120 of Florida Statutes. 4

5 7. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the Suwannee River Water Management District, or any of its agencies. Further, all bidders must disclose the name of any District employee who owns, directly or indirectly, an interest of five percent (5%) or more in the bidder's firm or any of its branches in accordance with Chapter 287, Florida Statutes. All awards made as result of this bid shall conform to applicable Florida Statutes. 8. AWARDS: As the best interest of the District may require, the right is reserved to reject any and all bids or waive any minor irregularity or technicality in bids received. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. 9. DEFAULT: Failure to perform according to this bid and/or resulting contract shall be cause for your firm to be found in default. 10. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county, and local laws, and of all ordinances, rules, and regulations shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the Suwanee River Water Management District, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 11. ADVERTISING: In submitting a bid, bidder agrees not to use the results therefrom as a part of any commercial advertising. 12. ASSIGNMENT: Any Contract entered into pursuant to this bid invitation is not assignable by the buyer without the District s written permission. 13. LIABILITY: The Buyer shall hold and save the Suwannee River Water Management District, its officers, agents, and employees harmless against claims by third parties resulting from the breach of this contract or the buyer's negligence. This requirement does not apply to contracts between governmental agencies. 14. CANCELLATION: The District shall have the right of unilateral cancellation for refusal by the buyer 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 buyer in conjunction with the contract. 15. PUBLIC RECORDS: Any material submitted in response to this invitation to will become a public document pursuant to Section , F.S. This includes materials which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section , F.S. 16. BIDDER QUALIFICATIONS: Bidders may be required to provide the Suwannee River Water Management District with the name, address and telephone number of their last two (2) previous clients from whom the bidder has purchased similar products. The District will verify these references to satisfy themselves of the Bidder s ability to conduct the operation described herein in a satisfactory manner. References which cannot be verified or indicate unsatisfactory performance may result in disqualification of that bid. In addition, past performance with the any water management district will also constitute a reference and may be used by this District to determine the prospective contractor s ability to perform under any contract resulting from this bid. Unsatisfactory past performance with water management district may result in rejection of bid. 17. CONTRACT PERFORMANCE: When required by the Suwannee River Water Management District, the successful bidder must furnish documentation that indicates 5

6 ability to furnish sufficient equipment and manpower to carry out the terms of the sale agreement. Any sub-contractor hired by the successful bidder is subject to approval by the District and must also furnish two references if requested by the District. Any work by the sub-contractor cannot commence until a pre-operations conference is held with the District. NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. (The remainder of this page is intentionally left blank.) 6

7 SECTION 6 - BID RESPONSE FORM CATTLE GRAZING AGREEMENT STEINHATCHEE SPRINGS TRACT 2015 GRAZING LEASE Bid Price Per Allowable Animal Unit Per Year Cattle Grazing on 2,700 acres (106 Allowable Animal Units) $ x 106 $ Total Bid Price For First Year Additional Licensee Management Responsibilities (please select all that apply): Conducting Prescribed Fire and Fireline Maintenance Public Road Maintenance and mowing (e.g. grading, patching, mowing, etc.) I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the grazing lease, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements of the Invitation to Bid. Bidder Signature: Bidder Name (type/printed): Mailing Address: City: State: Zip: Telephone Number: ( ) ( ) Address: Federal Employer's Identification Number (FEID) or Social Security Number: 7

8 SECTION 7 ADDITONAL MANAGEMENT RESPONSIBILITIES IF SELECTED The information below is the language that will be added to the Grazing Agreement if that activity is selected in the Bid Response Form. Prescribed Burning Should Prescribed Burning be selected in the Bid Response Form by the successful applicant, the successful applicant and the District shall prepare a Prescribed Burn Plan which will be attached to the Agreement. Such Prescribed Burn Plan shall contain, at a minimum, the following: Prior to ignition of any burns on the Land, the Licensee must obtain written authorization from the Florida Forest Service of the Department of Agriculture and Consumer Services and the County, if applicable. The Licensee will notify the District of a planned burn (a) no later than 120 hours prior to the ignition of the burn, and (b) no later than 24 hours prior to the ignition of the burn. The District may grant or refuse permission for a prescribed burn at its sole discretion. Licensee will be responsible for, at Licensee s sole cost and expense, planning and conducting prescribed burns on all parts of the Land which are burnable uplands (the Burnable Uplands ). The Burnable Uplands are shown on the map of the Land attached hereto as Exhibit D. The current Burnable Uplands are on 2-3 year burn rotation with exception to a few areas of newly planted slash pine. Rotations may be modified depending on the natural community, other vegetative control activities or weather. The maximum burn rotation must not exceed one burn every 2 years. Such prescribed burning shall be conducted in such a manner that it meets all of the requirements of Certified Prescribed Burning as such term is used in Section , Florida Statutes, is in compliance with the approved Prescribed Fire Management Plan (as defined below) and follows the District s Weather Parameter Standards (as defined in Section 10). Prior to the commencement of grazing or the placement of any cattle on the Land, the Licensee and the District will create and agree to a fire management plan (the Prescribed Fire Management Plan ) for the Land. The Prescribed Fire Management Plan shall include at a minimum, the burn frequencies, burn units, fireline maintenance (as defined below), weather outlooks, precautionary measures, and proposed goals. The Prescribed Fire Management Plan may be approved on behalf of the District by its Executive Director or designee. Should the parties not be able to agree on a Prescribed Fire Management Plan, the Agreement will be terminated. Fireline maintenance will follow procedures listed in the most current addition of the Silviculture Best Management Practices (BMP's) manual developed by the Florida Department of Agriculture and Consumer Services, Florida Forest Service (FFS). New firelines must be approved by the District prior to installation. The installation and maintenance of firelines along District ownership boundaries and main public use roads is primary while minimizing interior lines whenever possible. Public use roads must not be damaged during fireline maintenance. Natural and artificial firebreaks should be utilized before installing new lines. This will help minimize soil erosion, hydrologic alterations, and impacts on natural plant communities and historic or prehistoric resources. Types of natural firebreaks include: rivers, lakes, streams, wetlands, etc. Artificial firebreaks are existing disturbances, facilities or cleared areas that may include: firelines, roads, ditches, trails, utility easements, black lines and foam. District requires that all fireline installation and maintenance work produce a flat line that does not contain berms that may block or channel water flow. Root mats or heavy vegetation should be spread out within the block to avoid fuel build-up along the edges. Firelines installation and maintenance shall not adversely impact known listed plant or animal species, archeological resources, public use facilities 8

9 such as bike or hiking trails, or enable the spread of exotic plant infestations. Operators are required to avoid gopher tortoise burrows when constructing or refreshing firelines. Interior fireline widths should have 6 to 8 feet of exposed mineral soil after reworking. Perimeter lines should be wider than interior lines and should be cleared 12 to 16 feet of trees and overhanging vegetation. Width of exposed soil should be 8 to 10 feet and the line must be reworked if newly plowed. Primary firelines such as tract boundaries should be maintained at least once a year by disking if needed. Adjacent areas may require mowing. When possible, fireline maintenance should occur during early growing season. Prescribed fires that escape or become out-of-prescription are often subject to emergency firelines. On District land, the preferred method for controlling such a fire is with a brush truck or other water delivery vehicle or to let the fire burn to the nearest firebreak. If these methods cannot be safely and effectively implemented, a tractor and fire plow should be used for suppression purposes. If a fire plow is used to install a fireline, or control an escaped or out of prescription fire, the plowed lines must be reworked to a flat line then abandoned. Any and all damages to the Land or the improvements and timber thereon caused by fire or smoke resulting from burning conducted on the Land by the Licensee must be repaired by the Licensee at its sole expense. The District reserves the right to conduct its own burning on the Land. In such event, the District will provide the Licensee not less than thirty (30) days written notice of the intent to conduct any prescribed burns on the Land and the reason for the burns. It will be the responsibility of the Licensee to move or protect any cattle or improvements from the proposed burn. Public Road Maintenance Should Public Road Maintenance be selected in the Bid Response Form by the successful applicant, the successful applicant and the District shall prepare a Road Maintenance Plan which will be attached to the Agreement. Such Road Maintenance Plan shall contain, at a minimum, the following: Licensee will be responsible for, at the licensee s sole cost and expense, planning and completing annual road maintenance on public roads that pass through or adjacent to the grazing area. The public roads are shown on the map of the Land attached hereto as Exhibit B. Licensee will ensure public roads remain open for street legal vehicles unless otherwise closed by the District for any reason. Roads maybe capped or patched with hardened surface such as limerock, or maintained so that vehicles can use them safely. Road maintenance also includes the maintenance or replacement of low water crossings or culverts. In general roads should be kept at their current width which on average is 16 feet. Maximum sustained grade between 8 (1,000 feet) and 6 (1,000 feet). Maximum grade between 10 (500 feet) and 8 (500 feet). Soil backslope ratio should be 1:1 and rock should be ¼:1. Fill slope ration should be 1½. Roads should be mowed a minimum of two (2) times during growing season. Mowed grass heights are typically 6. All road maintenance activities must be in compliance with the approved Road Maintenance Management Plan. The Road Maintenance Management Plan may be approved on behalf of the 9

10 District by its Executive Director or designee. Should the parties not be able to agree on a Road Maintenance Management Plan, the Agreement will be terminated. The District reserves the right to conduct its own burning on the Land. In such event, the District will provide the Licensee not less than thirty (30) days written notice of the intent to conduct any prescribed burns on the Land and the reason for the burns. It will be the responsibility of the Licensee to move or protect any cattle or improvements from the proposed burn. 10

11 11 SECTION 8 BID MAPS Exhibit A

12 Exhibit B 12

13 Exhibit C 13

14 Exhibit D 14

15 Exhibit E 15

16 SECTION 9 DRAFT GRAZING AGREEMENT GRAZING AGREEMENT This Grazing Agreement (this Agreement ) entered into this day of, 20, by and between the Suwannee River Water Management District, a water management district created and operating under Ch. 373, Florida Statutes, 9225 County Road 49, Live Oak, Florida (the District ) and,, a corporation,, Florida (the Licensee ) and for and in consideration of the mutual covenants herein set forth and other good and valuable consideration the receipt and sufficiency of which is acknowledged, agree as follows: Land 1. The District owns certain real property (the Land ) situated in Lafayette County, Florida, as more particularly described on the attached Exhibit A. Term 2. The term of this Agreement (the Term ) shall be from the last date it is executed by the parties (the Effective Date ) running through and until the fifth (5 th ) anniversary of the Effective Date. The Term shall be divided into five (5) consecutive twelve (12) month periods each of which shall be referred to herein as a year. No later than six (6) months prior to the expiration of the Term, the parties may, by mutual agreement, extend the Term for five (5) additional years under the same terms and conditions or under different terms and conditions based on then current market rates in the region and District standards. Grazing 3. During the Term, the Licensee will have the right to graze and pasture cattle (meaning only bovine animals) and only cattle, on the Land under the terms of this Agreement. Horses (meaning only equine animals) may be used intermittently for cattle management purposes but shall not be pastured or allowed to remain on the Land. No other animals of any type shall be allowed to remain on the Land. The Licensee shall not use (nor allow to be used) any part of the Land for any purpose except those purposes expressly allowed in this Agreement. Without limiting the foregoing, the Licensee may not apply soil amendments to the Land nor cultivate or harvest vegetation on the Land. Stocking Rate 4. At no time shall the number of head of Cattle on the Land exceed the then current and applicable Stocking Rate nor shall such number of head of cattle be less than 85% of the then current and applicable Stocking Rate. The Stocking Rate is the number of animal units which may be grazed and pastured on the Land without undue damage to the Land. The Stocking Rate for the first year shall be 106. The Stocking Rate for the years after the first year

17 17 may be adjusted by the District. The Licensee agrees to meet with District staff no later than 30 days prior to the beginning of each year. Current range conditions and pasture performance from past year will be reviewed at this time. Then upon consultation with the Natural Resource Conservation Service (the NRCS ) the District shall, in the District s sole discretion, set the Stocking Rate for the upcoming year. The District shall provide the new Stocking Rate no later than 15 days prior to the year for which it is applicable. The Stocking Rate shall not increase more than 10% from year to year. Payment by Licensee for Grazing 5. Prior to each year of the Term, the Licensee shall pay to the District a payment equal to the Stocking Rate applicable for such upcoming year multiplied by $. The District acknowledges that it has received the payment for the first year. Commencement of Grazing 6. The Licensee shall not commence grazing or place any cattle on the Land unless and until the District has given the Licensee a written notice to proceed. Such notice to proceed shall be given once the Licensee has shown to the District that the Licensee has met all of the requirements set out in this Agreement for (a) Fencing, gates and cattle guards, (b) Execution and delivery of a Notice of Intent to comply with the applicable best management practices, (c) Set up of a quarantine field concerning Invasive Plants, and (d) delivery of the required Certificate of Insurance. Fencing Gates and Cattle Guards 7. No part of the Land is fenced and existing District gates are not appropriate to contain cattle. Prior to the commencement of grazing or the placement of any cattle on the Land, the Licensee shall install and construct fences, gates (including the replacement of existing District gates as necessary) and cattle guards on and about the Land so that the Land is enclosed as shown on the drawing of the Land attached hereto as Exhibit B. (The District shall install cattle guards on the public roads as shown on such map.) Such fences, gates and cattle guards shall be good and sufficient to turn cattle. All fences shall consist of at least four strands of barbed wire stapled, nailed or otherwise properly attached to metal or wooden posts placed fifteen to twenty feet apart or less. No fence will be nailed to any tree or stump regardless of species. The Licensee shall, from time to time, maintain all such fences, gates and cattle guards in good condition and replace any of the same as necessary. The Licensee shall install, construct and maintain all fences, gates and cattle guards at the Licensee s sole expense and only with materials approved by the District in advance. Portable pens and/or permanent pens may be constructed at the Licensee s expense. The location and design of said pens will require site approval from the District prior to construction. No fence, gate or cattle guard shall be removed at the termination of this Agreement. All improvements excluding portable pens will become the property of the District at the termination of this Agreement. Notwithstanding anything else herein to the contrary, the Licensee shall be solely responsible for ensuring that all cattle remain enclosed on the Land and shall at Licensee s sole cost and expense, defend, indemnify and hold harmless the District against any and all claims, demands,

18 18 or obligations which may be made against District arising out of or relating to escaped cattle. Best Management Practices 8. The Licensee shall implement and follow the applicable best management practices (meaning the then current best management practices issued by the Florida Department of Agriculture and applicable to the particular activity) for all activities carried out on Land under this Agreement. Prior to the commencement of grazing or the placement of any cattle on the Land, the Licensee shall execute and deliver a Notice of Intent to implement the best management practices for Florida Cow/Calf Operations. Water 9. The Licensee may, at Licensee s sole cost and expense, establish, maintain and use, no more than three water wells on the Land as necessary for cattle management. Prior to establishing such water wells the Licensee shall give written notice of the same to the District, the District shall then have 30 days within which to approve or deny (such approval shall not be unreasonably withheld) the location of the proposed water wells. Once the location of such water wells is approved, the Licensee may apply for all necessary permits for such water wells. The District has made no representations, warranties or guarantees about how or whether any such water wells can be permitted on the Land, or whether if permitted, such water wells will produce a quantity or quality of water sufficient to meet the needs of the Licensee. Notwithstanding anything else herein to the contrary, nothing in this Agreement will be construed to affect or limit the District s regulatory authority concerning the Land or any water wells thereon. Where feasible the pumps used for such water wells shall be electric. Upon termination of this Agreement, the Licensee shall voluntarily terminate all permits for the water wells on the Land and close and abandon such water wells as required under the applicable permit. The Licensee shall install no irrigation or drainage system on the Land for the purpose of watering vegetation. Utilities 10. The Licensee not apply for, have installed, nor use any utility services on the Land, except that the Licensee may, at Licensee s sole cost and expense, apply for, have installed and use, electrical service for water wells on the Land as may be authorized herein. The Licensee shall not have the authority to execute any easements of other documents required by electrical service providers and such will be executed by the District upon the District s approval (such approval not to be unreasonably withheld) of the utility service provider s route of access across the Land and the District s other property. The District has made no representations, warranties or guarantees about how or whether any such utility service is available. Upon termination of this Agreement, the Licensee shall pay in full and close all accounts it has with any such utility providers. Care for the Land 11. The Licensee shall take good care of the Land and the improvements and timber thereon and commit no waste. The Licensee shall protect the Land and the improvements and

19 19 timber thereon from degradation and improper use by other persons and shall immediately report to the District or its representative any improprieties which may occur on the Land. The Licensee shall not cut or remove any timber on the Land with exception of downed trees or other vegetation that restrict vehicular access on District roads or firelines. The Licensee shall not construct any improvement or structure or move earth or dig on the Land except as may be expressly allowed in this Agreement. (If the Licensee has elected to perform road maintenance or prescribed burning on the Land, the following will be added to this paragraph.) Additionally, during the Term, the Licensee shall: (a) Maintain the public roads located on the Land in accordance with the Road Maintenance Plan, a copy of which is attached hereto as Exhibit C. (b) Perform prescribed burning on the Land in accordance with the Prescribed Burning Plan, a copy of which is attached hereto as Exhibit D. Condition of the Land 12. The Licensee has made whatever inspections and tests of the Land it desires prior to entering into this Agreement. Except as may be expressly provided in this Agreement, the District has made no representations to the Licensee concerning the condition of the Land, the fitness of the Land for any particular purpose, the amount or availability of forage, the condition of the soil, the availability or quality of water, or any other matter. Except for those representations expressly provided in this Agreement, the Licensee has not entered into this Agreement in reliance on any representation it believes may have been made by the District concerning the condition of the Land, the fitness of the Land for any particular purpose, the amount or availability of forage, the condition of the soil, the availability or quality of water, or any other matter. All implied covenants, representations or warranties concerning the Land are hereby disclaimed. Invasive Plants 13. (a) During the Term, no cattle shall be placed on the Land which have not been pastured on a quarantine field for not less than the immediately preceding seven (7) days. The entire quarantine field must be closely inspected for the presence of invasive plants. If possible, this will be done by the District staff or their designee. If the District is unable to perform the inspection, the District will immediately notify the Licensee, after which the Licensee must provide the District with a current, valid FDACS/DPI Noxious Weed Compliance Agreement (DACS-08387) certifying the quarantine field as free of noxious weeds. A copy of this agreement is available at the following site: The Licensee will be responsible for the cost of the certifying inspection associated with the Compliance Agreement. 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, then the cattle will not be permitted to move onto or within the Lands. As used herein invasive plants shall mean those plants listed in the latest published list of such plants by the Florida Exotic Pest Plant

20 20 Council (Florida EPPC). (b) The Licensee shall be responsible for monitoring for and treating any invasive plants found on the Land using methods approved by the District. To the knowledge of the District there are no known infestations of invasive plants on the Land at this time except for the occasional presence of bahia grass and other pasture grasses. If invasive plants, excluding existing pasture grasses, are found during the Term, Licensee will treat infested areas at a minimum of two (2) times annually with a goal of preventing the spread of the invasive plant and complete eradication of the invasive plant. The Licensee will be required to provide species, location and acreages for treatment. Copies of product labels and manufacturers MSDS sheets will need to be given to District prior to treatment applications. Licensee is not responsible for treating or removing bahia grass and other pasture grasses which may be present on the Land. Licenses may not intentionally seed, plant, fertilize or promote the spread of bahia grass or other pasture grasses. (c) If invasive plants are found to occur on or to be spreading within the Land at any time during the Term, the District reserves the right to terminate this Agreement. (d) To minimize the possibility of transporting and spreading invasive plants, all equipment used by Licensee must be cleaned of all dirt and plant material prior to moving onto the Land or any other District properties, and again prior to departing the Land or any other District properties. Wildfire 14. The Licensee shall protect the Land and the improvements and timber thereon from and against wild fires regardless of their origin or place and places of inception and shall use its utmost efforts to prevent and/or suppress any wild fire originating on the Land or likely to spread from other lands to the Land. Any and all damage wrought by wild fires to the Land or the improvements or timber thereon shall be immediately reported to the District. Access to the Land 15. (a) During the Term, District, its agents, employees, successors or assigns shall have the right to enter and remain upon the Lands for all lawful purposes, including, without limitation, for logging and other activities commonly connected with forest management and that the right of ingress, egress and regress is retained without question by the District, its agents, employees, successors and assigns. (b) During the Term, the Public may access the Land for the limited purpose of traveling through the Land on the public roads running through the Land as shown on Exhibit B. The District will install cattle guards on all public roads which go through the Land so that the public will not be required to shut gates, etc. With the prior written approval of the District, the Licensee may post signs advising the public of the public s limited right to traverse the Land.

21 21 Hunting, Trapping and Fishing 16. The Licensee shall not hunt, trap, fish or camp on the Land and shall not allow others to hunt, trap, fish or camp on the Land, except that the Licensee may, at Licensee s sole cost and expense, control feral hogs on the Land, provided that such feral hogs are removed from the Land (and all other District properties) and the Licensee obtains the prior written permission of the District to do so. Roller Chopping and Mowing 17. With the prior written permission of the District, the Licensee may, at Licensee s sole cost and expense, perform roller chopping or mowing within the Land. Supplemental Feeding and Mineral Stations 18. The Licensee may, at Licensee s sole cost and expense, place supplemental feeding and mineral stations on the Land. Provided that all such supplemental feeding and mineral stations shall relocated no less often than every 30 days. Compliance with Laws 19. In the exercise of the rights given Licensee under this Agreement, the Licensee shall, at Licensee s sole cost and expense, comply with 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. Hazardous Materials 20. (a) No trash, garbage, waste or Hazardous Materials shall be disposed of on or about the Land. For the purposes of this Agreement, Hazardous Materials shall mean (i) any petroleum (fuel or otherwise) or petroleum products, radioactive materials, asbestos, urea formaldehyde foam insulation, transformers or other equipment that contains dielectric fluid containing levels of polychlorinated biphenyls, and radon gas; (ii) any chemicals, materials, or substances defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous wastes, restricted hazardous wastes, toxic substances, toxic pollutants, contaminants, or pollutants, or words of similar import, under applicable law; and (iii) any pesticide, herbicide, insecticide, fertilizer, or, (iv) any other chemical, material, or substance which is in any way regulated by applicable law. (b) The Licensee shall not permit any Hazardous Materials to be brought onto or used on the Land except as needed for the Licensee s grazing and pasturing of cattle as provided in this Agreement, and in compliance with the applicable best management practices and applicable law. (c) Notwithstanding anything else herein to the contrary, no quantities of any Hazardous Materials shall be stored on the Land except those which can be reasonably used on the Land within a 60 day period.

22 22 (d) The Licensee shall not bring onto the Land any fuel tank, except for portable fuel tanks having a capacity of less than 500 gallon and having an impervious secondary containment. (e) The Licensee shall immediately report any and all releases (including, without imitation, all spills, leaks, discharges, burials, disposals and other releases) of Hazardous Materials to each Federal, State and local governmental agency or authority to whom reports are required to be made as well as the District. The Licensee shall, at Licensee s sole cost and expense, remediate all such releases to the satisfaction of all applicable governmental authorities with jurisdiction thereof and defend, indemnify and hold harmless the District for all claims due to such releases, from governmental authorities or otherwise. Breach of this Agreement and Termination 21. Any violation of the terms of this Agreement shall be deemed a breach thereof. Either party may terminate this Agreement at any time by reason of a breach of this Agreement by the other party, which breach is not cured within thirty (30) days after written notice of the default with opportunity to cure within said time. All improvements constructed by the Licensee (excluding fence) shall be removed within ninety days after such termination, or if not removed within such time may be retained by the District as its separate property. Surrender of the Land 21. At the termination of the Agreement, whether early or otherwise, the Licensee shall, at Licensee s sole cost and expense, surrender and deliver the Land to the District in at least as good a state of repair and condition and as it was in immediately prior to the Effective Date. The District and the Licensee are not Partners 22. This Agreement shall not be deemed to create a partnership nor a joint venture. The Licensee shall not be the agent of the District. Neither party shall have the authority to legally bind the other. Liability and Indemnity 23. The Licensee hereby assumes all liability to third parties for any and all injuries or damages as a result of the Licensee s use of the Land and Licensee s actions related to this Agreement and the Licensee shall, at Licensee s sole cost and expense, defend, indemnify and hold harmless the District against any and all claims, demands, or obligations (including attorneys fees and court costs related thereto) which may be made against District arising out of or relating to the Licensee s use of the Land and Licensee s actions related to this Agreement, except claims based on District's own negligence. The Licensee shall be responsible for any and all injuries or damages to the District, its officers, employees, agents, contractors and property as a result of the Licensee s use of the Land and Licensee s actions related to this

23 23 Agreement, except for injuries or damages which result from the District's own negligence. The Licensee releases the District from any and all responsibility for any damages incurred by the Licensee as a result of the District s operations on or near the Land. Notwithstanding anything else herein to the contrary, nothing herein shall be construed to waive or to otherwise affect the District s sovereign immunity and/or the protections given the District under Section , Florida Statutes. Insurance 24. (a) During the Term, the Licensee shall carry, at the Licensee s sole cost and expense, insurance of the kind and in the amounts of coverage as follows: (i) workers compensation insurance, for which the limits shall be as required by law; (ii) motor vehicular liability insurance, for which the limits shall be for not less than $300,000 combined single limit; (iii) general liability insurance, for which the limits shall be a minimum of $1,000,000 per occurrence and $2,000,000 general aggregate. (b) Prior to the commencement of grazing or the placement of any cattle on the Land, the Licensee shall furnish to the District, at the Licensee s sole cost and expense, a certificate of insurance evidencing that the Licensee is carrying and has in effect the types and amounts of insurance required herein, which certificate must be in a form acceptable to District. The District must be named on such certificate as an additional insured on all such insurance. (c) The Licensee shall, without the need for a demand by the District, provide the District with future certificates of insurance so that, at all times during the Term, the District will be holding a presently valid certificate of insurance. Public Records 25. All documents, papers, letters, or other material made or received by the District in conjunction with this Agreement shall be a public record under Chapter 119, Florida Statutes and not confidential except as may be provided under Florida law. Applicable Law, Venue and Jurisdiction of Litigation and Waiver of Jury Trial 26. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. The exclusive venue and jurisdiction for any litigation enforcing, construing or relating to this Agreement shall be the Circuit Court or the County Court in and for Suwannee County, Florida. If under applicable law exclusive jurisdiction over any such matters is vested in the federal courts, then exclusive jurisdiction and venue shall be in the United States District Court for the Middle District of Florida, Jacksonville Division. The parties mutually and forever waive any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or this transaction. The parties agree to have any such actions decided by a judge alone, without a jury. Miscellaneous 27. Neither this Agreement nor any notice thereof shall be recorded in the public

24 24 records of any county. No waiver of any provision of this Agreement will be binding unless executed in writing by the party making the waiver. Time is of the essence of this Agreement. This Agreement shall not be interpreted to be for the benefit of any party or entity not signing this Agreement. This Agreement supersedes all previous agreements, oral or written, between the parties and represents the whole and entire agreement between the parties. Neither party has entered into the Agreement in reliance upon any fact or representation not expressly provided herein. This Agreement may not be amended, revoked, or abandoned, except by a writing executed by the parties with the same formalities as this Agreement. Notwithstanding anything else herein to the contrary, nothing herein shall be construed to waive or to otherwise affect the District s sovereign immunity and/or the protections given the District under Section , Florida Statutes. Each person signing this Agreement represents and warrants that he or she has the actual authority to execute and deliver this Agreement on behalf of the party for which he or she is purporting to act. Neither party may assigned their rights and responsibilities under this Agreement without the prior written consent of the other party, which may withheld in their sole discretion. LIST OF EXHIBITS Exhibit A - Description of the Land Exhibit B - Drawing of the Land showing the placement of fences, cattle guards and public roads Exhibit C - Road Maintenance Plan (If Licensee assumes road maintenance as part of this Agreement) Exhibit D - Prescribed Burning Plan (If Licensee assumes prescribed burning as part of this Agreement) SIGNATURES

25 25 SECTION 10 PRESCRIBED FIRE WEATHER & FIRELINE STANDARDS WEATHER PARAMETER STANDARDS [Adapted from: Florida Forest Service Prescribed Fire Standards For State Lands and Contract Burning December 2005] Parameter Narrative Ground Ignition Aerial Ignition ** 1. Relative Humidity RH>35% no restriction RH 30-35% Project Manager can approve RH< 30% District can approve Over 35% no restriction. RH Project Manager can approve RH < 30% District can approve 2. Fine Dead Fuel Moisture 6% Minimum. Based on predicted fine fuel moisture (from tables) or direct measurement 8% Minimum. Based on predicted fine fuel moisture (from tables) or direct measurement 3. Wind Speed 4. Dispersion Index (Review night dispersion for any burn near a smoke sensitive area, esp. if 100 and 1000 hr. fuels are present) 5. KBDI Maximum forecast 20 ft. wind speed is 20 mph. WS<15 no restriction WS District can approve 70 Maximum 24 Minimum Daytime District can approve if burn is within special night burn area. 6 Minimum Nighttime, except in areas designated 3 or higher. <500 no restriction except Days since Rain District can approve. Same as for ground ignition. 65 Maximum 35 Minimum Daytime District can approve if burn is within special night burn area. Same as for ground ignition.

26 26 6. Days Since Rain 1. Rain Accumulation 8. Temperature KBDI <300 Days since rain can be ignored. KBDI >300 and < Day Maximum. KBDI >400 and < Day Maximum. KBDI >500 and <600 5 day Maximum. Normal weather conditions > =.25 inch *Drought conditions >= 1 inch 95ºF maximum when targeting the consumption of woody fuels or 90ºF with mature pine canopy Same as for ground ignition Same as for ground ignition Same as for ground ignition 9. Smoke Management 9 mph Minimum transport wind speed 7 mph minimum transport wind speed if burn is within special night burn area ft. Minimum Mixing Height Same as for ground ignition Burn authorizations can be approved through consensus by the Prescribed Fire Project Manager and the Land and Facilities Operations Manager if one or more parameters are outside the standards listed above. *Drought conditions will be tracked using the Palmer Drought Severity Index (PDSI) for Region- 2 Florida. Drought conditions will be determined by a PDSI reading of -3.0 or less which indicates severe or extreme drought conditions. **Aerial ignition burns will require approval from the Land and Facilities Operations Manager.