STATE OF FLORIDA FLORIDA DEPARTMENT OF … title: lease of prairie tract citrus grove, lake wales ridge state forest ... authorized signature (manual): title page 1 of 2 . 2 general

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STATE OF FLORIDA FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES LEASE OF STATE-OWNED PROPERTY INVITATION TO BID Bidder Acknowledgment Form

LEASE BID SALE NO.: LOP/FFS-12/13-38 Agency Mailing Date: November 1, 2012 Page 1 of 32 Pages SUBMIT BIDS TO: Reason for No Bid Division of Administration (See General Condition #2)407 S. Calhoun Street Room SB-8, Mayo Building Tallahassee, Florida 32399-0800 Attn: Christie Hutchinson, Purchasing Director Telephone: (850) 617-7181

TITLE: LEASE OF PRAIRIE TRACT CITRUS GROVE, LAKE WALES RIDGE STATE FOREST BIDS WILL BE OPENED: DECEMBER 19, 2012 @ 2:00 P.M. and may not be withdrawn within 90 days after such date and time. POSTING OF BID TABULATIONS: Tabulations with recommended award(s) will be posted on or about the date indicated herein for review by interested parties on the Florida Bid System at http://myflorida.com, click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements. Tabulations will remain posted for a period of seventy-two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. Posting will be on or about December 21, 2012. ===========================================================================================

I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the property, 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, including but not limited to, certification requirements. BIDDER NAME: MAILING ADDRESS: TELEPHONE NUMBER: AUTHORIZED SIGNATURE (TYPED): DATE AUTHORIZED SIGNATURE (MANUAL): TITLE Page 1 of 2

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GENERAL CONDITIONS

SEALED BIDS: All bid sheets and this form must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE.) The face of the envelope shall contain, in addition to the above address, the date and time of the bid opening and the bid number. Bids not submitted on attached bid form shall be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection.

1. EXECUTION OF BID: Bid must contain a manual signature of authorized representative in the space provided above. 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 each page of the bid as required.

2. NO BID: If not submitting a bid, respond by returning only this bidder acknowledgement form, marking it "NO BID" and explain the reason in the space provided above. Failure to respond to this bid solicitation without giving justifiable reasons for such failure shall be cause for removal of the bidder's name from the bid mailing list without further notice. NOTE: To qualify as a respondent, bidder must submit a "NO BID", and it must be received no later than the stated bid opening date and hour.

3. BID OPENING: Bid opening shall be public, on the date, location and the time specified on the bid form. 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 reason 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 prices shall be bid. 5. MISTAKES: Bidders are expected to examine the Lease conditions, 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 the

Purchasing Office for receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless provided in writing by the Department’s Purchasing Director in response to requests in full compliance with this provision. Any person who is adversely affected by the agency’s decision or intended decision shall file with the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with particularity the facts and law upon which the protest is filed.

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 State of Florida, or any of its agencies. Further, all bidders must disclose the name of any State 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 a result of this bid shall conform to applicable Florida Statutes.

8. AWARDS: As the best interest of the State 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 State of Florida, 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 Lessor without the

Department's written permission. 13. LIABILITY: The Lessor shall hold and save the State of Florida, its officers, agents, and employees harmless against claims by

third parties resulting from the breach of this contract or the Lessor's negligence. This requirement does not apply to contracts between governmental agencies.

14. CANCELLATION: The State shall have the right of unilateral cancellation for refusal by the Lessor 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 Lessor in conjunction with the contract.

15. PUBLIC RECORDS: Any material submitted in response to this invitation to bid will become a public document pursuant to Section 119.07. 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 119.07, F.S.

16. REAL PROPERTY: If the Leased Real Property contains improvements, an asbestos survey must have been conducted by July 1994 and a copy of the survey may be obtained by contacting the Department.

NOTE: ANY AND ALL SPECIAL CONDITIONS AND THE LEASE AGREEMENT ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. Page 2 of 2

BID NO: LOP/FFS-12/13-38 OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M.

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FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FLORIDA FOREST SERVICE

LEASE OF STATE-OWNED PROPERTY

SPECIAL BID TERMS AND CONDITIONS

PURPOSE The purpose of this Invitation to Bid is to obtain the highest and most qualified bidder for a ten (10) year Lease of a Citrus Grove located on the Prairie Tract of Lake Wales Ridge State Forest, hereinafter called the “Grove” in accordance with the specifications and conditions listed herein. The Grove is located in Sections 28 & 33 of Township 30 South and Range 30 East, in Polk County, Florida. The Grove area totals approximately 371.1 acres in size, see Exhibits A1, A2 & A3 of Attachment B (maps), and contains approximately 316 acres of productive citrus. MINIMUM BID The minimum acceptable bid is $200,000 per year for the first five years of the initial term of the Lease. The Florida Forest Service, Florida Department of Agriculture and Consumer Services, reserves the right to reject any and all bids not at the minimum acceptable bid. In case of a tie for the high bid, the successful bidder will be determined by lot. SCOPE The intent of this bid solicitation is to select a vendor, hereafter described as the Lessee, to manage the Grove so as to maximize the annual Lease payment to the Department and to care for the Grove with sound management practices guided by industry standards and the Water Quality/Quantity Best Management Practices for Indian River Area Citrus Groves. SITE VISIT: MANDATORY REQUIREMENT Each bidder shall, before submitting a bid, inspect the site to be leased to satisfy themselves regarding all general and local conditions at the Grove. It is the bidders' responsibility to consider any and all site conditions or requirements for the project. Bidders shall place no reliance on any information obtained from employees of agencies during the site visit or other contacts. The Project Manager or on-site contact may escort bidders on the site visit; however, any interpretations will be handled through Addenda issued by the Purchasing Director. Information obtained from the Project Manager or on-site contact is not binding unless in writing. Failure to visit the site and have a site visitation sheet (Attachment A) signed by the Local Site Contact will be grounds for disqualification of a bid. A mandatory site visit for any prospective bidder will be held at 10:00 a.m. on November 28, 2012, and 10:00 a.m. on November 29, 2012. Bidders shall meet at the gate located at SR 60 and Kissimmee Shores Road. It is mandatory that all potential bidders attend, at a minimum, one on-site inspection. If you need assistance to locate the premises, please contact Mr. Dave Butcher, Forestry Resource Administrator, Lake Wales Ridge State Forest, 851 County Road 630 East, Frostproof, Florida 33843, telephone: (863) 635-7801. FEE AGREEMENT The first annual Lease payment shall be due on October 1, 2014, with subsequent payments due October 1 of each year thereafter. Annual Lease payments shall be payable to the Florida Department of Agriculture and Consumer Services, hereafter sometimes referred to as Lessor, each contract year and will be a lump sum

BID NO: LOP/FFS-12/13-38 OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M.

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payment payable without demand. The annual Lease payments for years 6-10 of the Lease term shall increase by 8% over annual Lease payments made in years 1-5. The proof of a purchase deposit for citrus seedlings for the currently fallow 55 acres of grove is required within 90 days of signing of the Lease. CONTRACT PERIOD The Lease term will commence on October 1, 2014, and will continue for a period of ten (10) consecutive years. RENEWAL Absent an uncured default by Lessee, the Lessee shall have an option to renew the Lease (the “Renewal”) for an additional ten (10) years upon the same terms and conditions except that annual Lease payments for years 1-5 of the Renewal shall be 8% more than the annual Lease payments made in years 6-10 of the initial Lease term. Likewise, the annual Lease payments made in years 6-10 of the Renewal shall be 8% more than the annual Lease payments for years 1-5 of the Renewal. BACKGROUND The approximately 371.1 acre Grove was planted in 1991. The Department acquired the property in October of 2003, and a Lease on the Grove was in effect until June 15, 2004. Approximately 290.3 acres of the Grove was in marketable fruit production including juice, fresh fruit oranges and grapefruit. The remaining acres were Ambersweets that were kept out of production due to the lack of a market for Ambersweets at the time. In 2007 an additional 25.7 acres of the Ambersweets were top worked with Hamlin and Valencia stock. The remaining 55 Ambersweet acres were pushed and burned in 2009 and remain fallow. See Exhibit A2 of Attachment B for variety breakdown by block and Exhibit A3 of Attachment B for root stock breakdown by block. The acreage breakdown is as follows: Valencia oranges. There are a total of approximately 176.3 acres in Valencia oranges minus normal resets. Portions of these blocks are on sour orange root stock and show some decline from Tresteza. Hamlin oranges. There are approximately 71.2 acres of Hamlin oranges in full production minus normal resets. Red Grapefuit. There are approximately 30.5 acres of Rio Red and 8 acres of Flame grapefruit in full production minus normal resets. Portions of these blocks are on sour orange root stock and show some decline from Tresteza. Navel oranges. There are approximately 8.9 acres of Navel oranges on Swingle/citremello in full production minus normal resets. Minneola/Honey Bell. There are approximately 21.3 acres of Minneola/Temples on Cleo root stock in full production minus normal resets. Each of the three blocks has the two center rows top worked to temple oranges for pollination. Fallow. The remaining 55 acres are fallow and will be replanted during the first year of this Lease. The varieties and planting densities must be approved by the Lessor prior to ordering the seedlings. The proof of a purchase deposit for citrus seedlings for the currently fallow 55 acres of grove is required within 90 days of signing of the Lease. Bedded rows will require reshaping and new irrigation lines installed with micro-jets before planting.

BID NO: LOP/FFS-12/13-38 OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M.

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These figures represent tree count acres to the best of the Department’s information. Each prospective Lessee should formulate their own numbers for the bid process. Citrus Canker/Greening. Attachment D is a report on citrus canker and citrus greening. Lessee shall perform its own examination of the acreage in formulating its bid response. The Department makes no warranty concerning the accuracy of the information contained in Attachment D. GENERAL CONDITIONS OF LEASE Please refer to the Model Lease (Attachment B) for Lease conditions and requirements. SUB-LEASING Lessee shall not sub-lease the property without prior written permission from the Lessor. PERMITS AND LICENSES The successful bidder agrees to obtain all required permits and licenses and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the successful bidder. All required permits and licenses must be obtained prior to commencement of any operation by the successful bidder. A copy of each permit or license shall be provided to the Project Manager on or before the date performance under the Grove Lease begins. MODEL LEASE AGREEMENT Terms and conditions included with the Model Lease (Attachment B), associated bid document and attachments shall apply. INSPECTION AUDIT AND MAINTENANCE OF REPORTS The Lessor, the Chief Financial Officer of the State of Florida or the Auditor General of the State of Florida, or their duly authorized representatives, shall have access, for purposes of examinations, to any books, documents, papers and records of the Lessee as they may relate to this contract. The Lessor reserves the right to rescind this Lease agreement for refusal by the Lessee to provide access for these purposes. BID GUARANTEE Each bid shall be accompanied by a bid guarantee payable to the Lessor in the amount of $1,000.00. The form of the bid guarantee shall be a Cashier's Check, Certified Check or Bid Bond. The unsuccessful bidders' bid guarantees shall be returned within ten (10) consecutive calendar days after the posting of agency's intent to award bid. The successful bidder's bid guarantee shall be returned upon execution of the legal contract and furnishing the Performance Bond as specified herein. If the successful bidder fails to deliver the Performance Bond as specified herein, the bid guarantee shall be forfeited to the Lessor. PERFORMANCE BOND No later than twenty (20) calendar days prior to the effective date of the commencement of the Lease term (October 1, 2014), the successful bidder shall provide the Florida Department of Agriculture and Consumer Services' Purchasing Office with a performance bond from a reliable surety company authorized to do business in the State of Florida and acceptable to the Lessor for $150,000.00. The term of the bond shall be concurrent with the term(s) of the Lease agreement. If the Lessor determines that the Lessee is not in compliance with any of the terms and conditions of the bid, the Lessee shall be found in default. Allowances shall be made if non-compliance arises out of causes beyond the control and without

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the fault or negligence of the Lessee (Acts of God, the public enemy, fires, floods, strikes, etc.). In the event the Lessee should be found in default, the amount recoverable under the bond shall be the amount equal to any losses that the Lessor has sustained plus the cost of reprocurement where applicable. To be acceptable to the Lessor as Surety for Performance Bonds, a Surety Company shall comply with the following provisions: A. The Surety Company must be admitted to do business in the State of Florida. B. The Surety Company shall have been in business and have a record of successful continuous

operations for at least five (5) years. C. The Surety Company shall have a minimum Best's Policy Holder Rating of A and Required Financial

Rating of VIII from Best's Key Rating Guide INSURANCE REQUIREMENTS The Lessee shall not commence any work in connection with the project until he has obtained all of the following types of insurance and such insurance has been approved by the Lessor, nor shall the Lessee allow any independent/sub-contractor to commence work on his subcontract until all similar insurance required of the independent/sub-contractor has been so obtained and approved. All insurance policies shall be with insurers qualified to do business in Florida through an authorized licensed Florida Agent. CERTIFICATE OF INSURANCE The Lessee shall furnish proof of insurance coverage within ten (10) calendar days after Notification of Award and prior to starting the contract. A Certificate of Insurance shall be furnished by the Lessee for all insurance required by this contract and shall include the State of Florida, Florida Department of Agriculture and Consumer Services (FDACS) as additional insured. This form(s) shall be completed and signed by the authorized Agent and returned to the Purchasing Office, 407 South Calhoun St., Room SB-8, Mayo Building, Tallahassee, Florida 32399-0800. Certificate(s) shall be dated and show:

1. Name of the insured Lessee, specific job by name, name of the insurer, number of the policy, its effective date and its termination date.

2. Statement that the insured will mail notice to FDACS, at least thirty (30) calendar days prior to any

material changes in provisions or cancellation of the policy. 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.

BID NO: LOP/FFS-12/13-38 OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M.

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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 WORKER'S COMPENSATION INSURANCE The Lessee shall obtain and maintain during the life of this agreement Workers Compensation Insurance in accordance with Chapter 440, Florida Statutes, for all employees connected with the work of this project and in case any work is sublet, the Lessee shall require the sub-contractor similarly to provide Workers Compensation Insurance for all of the latter's employees unless such employees are covered by the protection of the Lessee. Such insurance shall comply fully with the Florida Workers Compensation Law. HOLD HARMLESS AND INDEMNITY The Lessee shall hold harmless and indemnify to the fullest extent permitted by law, the State of Florida, FDACS and FDACS employees from and against any and all claims, damages, losses and expenses of any nature whatsoever, including but not limited to attorneys' fees, arising out of or resulting from Lessee’s use or occupancy during the term of the Lease. This indemnity shall survive the expiration or early termination of the Lease. INSURANCE, LOSS DEDUCTIBLE CLAUSE The State of Florida shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Lessee providing such insurance. INSURANCE, INDEPENDENT/SUBCONTRACTOR'S COMMERCIAL GENERAL LIABILITY The Lessee shall require each of his independent contractors or sub-lessees to secure and maintain during the life of the subcontract, insurance of the type specified above or insure the activities of his independents/sublessees in his policy, as specified above, including a separate Owners, Lessees Protective Liability Policy. INDEPENDENT CAPACITY OF CONTRACTOR The Contractor, its officers, agents and employees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State. DRUG-FREE WORKPLACE Preference shall be given to the bid certifying a drug-free workplace has been implemented in accordance with Section 287.087, Florida Statutes. Whenever two or more equal bids are received for the procurement of commodities or contractual services, the bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bid will be followed if none of the tied vendors have a drug-free workplace program (Attachment C). If applicable, please sign and return with your bid response. AWARD OF IDENTICAL (TIE) BIDS In the event that identical bids are received, preference shall be given to the bid certifying a drug-free workplace has been implemented in accordance with Section 287.087, Florida Statutes. Award shall be

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determined by using the number of valid vendor complaints on file or by lot; except that the bid/proposal which relates to commodities manufactured within this State shall be given preference and the bid of any foreign manufacturer with a factory in the State employing over 200 employees working in the State shall have preference over the bid of any other foreign manufacturer. PUBLIC ENTITY CRIMES A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. EMPLOYMENT OF UNAUTHORIZED ALIENS Pursuant to Executive Order 96-236, effective October 1, 1996, the following standard provision shall apply to any contract awarded as a result of this Invitation to Bid: The employment of unauthorized aliens by any Contractor is considered a violation of section 274A(e) of the Immigration and Nationality Act. If Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on Leases of real property to a public entity, may not award or perform work as a Contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact any business with any public entity. DISQUALIFICATION OF BIDDERS More than one bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested. Any or all bids will be rejected if there is reason to believe that collusion exists among the bidders and no participants in such collusion will be considered in future bids for the same work. Falsifications of any entry made on the bidder's offer will be deemed a material irregularity and will be grounds for rejection. REJECTION OF BIDS The Department reserves the right to reject any and all bids when such rejection is in the interest of the State of Florida and to reject the bid of a bidder who the Department determines is not in a position to perform the Contract. LATE BIDS Bids received by the Department after the bid opening time and date will be rejected as untimely and will not be opened. A late bid notice will be sent to the bidder upon the posting of Award Notice with instructions for its return. Unclaimed late bids will be destroyed after 45 days. Offers from vendors listed on the Department's

BID NO: LOP/FFS-12/13-38 OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M.

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posted Award Notice are the only offers received timely in accordance with the Department's bid opening time and date. BIDDING INSTRUCTION In addition to the instructions on the Invitation to Bid cover sheet, Bidder Acknowledgment, each bidder must complete the attached Bid Price Sheet in its entirety. By affixing a manual signature to the Bid Price Sheet, the bidder states that he/she has read all the provisions of the bid package and agrees to the terms, conditions and specifications contained therein. NO OTHER TYPE OF "BID/PROPOSAL PRICE SHEET" WILL BE ACCEPTED AS A VALID RESPONSE TO THIS BID INVITATION. BID PRICE SHEET Bidder shall provide a firm fixed annual Lease amount to be paid to the Department for the Lease of the Prairie Tract Citrus Grove. BID CHECKLIST:

1. Lease of State-Owned Property Cover Sheet 2. Bid Price Sheet 3. Bid Guarantee (Cashier's Check, Certified Check or Bid Bond) 4. Certification of Site Visitation

EVALUATION AND AWARD The Department reserves the right to award to the highest responsible bidder (in excess of minimum acceptable bid) based on the annual Lease payment to the Department for the Lease of the Prairie Tract Citrus Grove in accordance with the requirements as specified herein. As the best interest of the State 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. Any further clarification, if necessary, will be by written addendum. All other provisions of the Awards paragraph, General Conditions, shall prevail. INTERPRETATIONS/DISPUTES Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless provided in writing by the Department’s Purchasing Director in response to requests in full compliance with this provision. Any person who is adversely affected by the agency’s decision or intended decision shall file with the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provision governing the methods for ranking bids, proposals or replies, awarding contracts, reserving rights or further negotiation or modifying or amending any contract, the Notice of Protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with particularity the facts and law upon which the protest is filed. POSTING OF BID TABULATIONS Tabulations with recommended award(s) will be posted on or about the date indicated herein for review by interested parties on the Florida Bid System at http://myflorida.com, click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements. Tabulations will remain posted for a period of seventy-two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,

BID NO: LOP/FFS-12/13-38 OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M.

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Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. QUESTIONS If additional information is required on the technical specifications please contact:

Dave Butcher, Forestry Resource Administrator Florida Forest Service Lake Wales Ridge State Forest 851 County Road 630 East Frostproof, Florida 33843, Telephone: (863) 635-7801

Questions regarding bidding procedures may be directed to:

Christie Hutchinson, Purchasing Director Florida Department of Agriculture and Consumer Services - Purchasing Office 407 South Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Telephone: (850) 617-7181 Email: [email protected]

No negotiations, decisions or actions shall be initiated or executed by the bidder as a result of any discussions with any purchaser or departmental employee. Only those communications, which are in writing from the Department's Purchasing Office, may be considered as a duly authorized expression on behalf of the purchaser. Also, only communications from the bidders which are signed and in writing will be recognized by the purchaser as duly authorized expressions on behalf of the bidder. Any questions, correspondence or contact with the Department initiated by the bidder after the bid opening date and prior to posting of intended award must be directed to the Purchasing Office, attention Purchasing Director. Department personnel will not discuss bids or proposed contract activities with bidders during the bid evaluation period. The Department will not accept any revisions or additions to any bid after the bid opening date.

BID NO: LOP/FFS-12/13-38 OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M.

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FLORIDA FOREST SERVICE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BID PRICE SHEET PRICE DESCRIPTION PER YEAR TOTAL Lease of the Prairie Tract Citrus Grove for the first five (5) years, as specified herein. $_____________ X 5 Years = $ NOTE: Lease payments will increase by 8% commencing in year 6 of the initial term and in years 1

and 6 of the renewal term. CERTIFICATION I hereby certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for Lease of this property and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of this bid document, associated attachments and certify that I am authorized to sign this Bid Form for the LESSEE. I further certify that I have read and understand all the bid terms and conditions, which pertain to the Lease of the specified property. BIDDER NAME AUTHORIZED SIGNATURE-MANUAL BIDDER MAILING ADDRESS AUTHORIZED SIGNATURE-TYPED CITY / STATE / ZIP CODE TITLE AREA CODE / TELEPHONE NUMBER CORPORATION CHARTER NUMBER

**Please submit two (2) copies of all bid documents, including Bid Price Sheet.**

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ATTACHMENT A

CERTIFICATION OF SITE VISITATION FOR: BID NUMBER: LOP/FFS-12/13-38 TITLE: Lease of Prairie Tract Citrus Grove LOCATION: Lake Wales Ridge State Forest

851 County Road 630 East Frostproof, Florida 33843 Contact: Dave Butcher (863) 635-7801

OPENING DATE: DECEMBER 19, 2012 @ 2:00 P.M. This certifies that __________________________________________________________ (NAME) representing ________________________________________________________________

(COMPANY NAME) has visited property site on _________________________________

(DATE) In order for a bid to be considered, this CERTIFICATION must be completed and included in your bid package. Florida Department of Agriculture and Consumer Services Department Representative: _______________________________________ (SIGNATURE)

_______________________________________ (TITLE)

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ATTACHMENT B MODEL GROVE LEASE

STATE OF FLORIDA

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FLORIDA FOREST SERVICE

STATE FOREST GROVE LEASE This Grove Lease is made and entered into this day of , 201X by and between the Florida Department of Agriculture and Consumer Services, Florida Forest Service whose address is Lake Wales Ridge State Forest, 851 County Road 630 East, Frostproof, Florida 33843 (hereinafter referred to as the “LESSOR”), and (Name & Address) (hereinafter referred to as the LESSEE).

WITNESSETH: WHEREAS, the LESSOR in consideration of the annual payments outlined below grants to the LESSEE the exclusive right of managing and maintaining the Prairie Tract Citrus Grove in upon the following described lands situated in Polk County, Florida, and containing 371.1 acres, more or less, and more particularly described as follows:

A portion of Sections 28 & 33, Township 30 South, Range 30 East.

SEE ATTACHED EXHIBITS A1, A2, AND A3

hereinafter called the “Grove” with LESSEE providing Grove management services as hereinafter described, and WHEREAS, the LESSEE will have the sole right to negotiate the sale of the fruit crop for the term of the Lease beginning with the 2014/2015 crop and ending at the 2023/2024 crop, and WHEREAS, such services will require investment by the LESSEE, and involve certain risks of financial loss, and WHEREAS, the LESSOR, being aware of these risks, will not unnecessarily interfere with day to day operations of the Prairie Tract Citrus Grove or limit reasonable opportunities for the LESSEE to make a fair return on the investment when operating within the guidelines set forth herein. NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. The LESSOR and LESSEE, hereby agree that the LESSEE shall manage and maintain the

Prairie Tract Citrus Grove for the period stated herein and subject to all the terms and conditions of this Grove Lease.

2. LESSEE agrees to pay the sum of ______________________________, without demand, each

year during the first five (5) years of the term of this Lease. Commencing in year six of the Lease term, Lease payments shall be adjusted in accordance with paragraph 5 hereof. The first Lease payment shall be due on October 1, 2014, with subsequent payments due October 1 of each year thereafter.

3. The terms of this agreement shall be for a ten year harvest season, beginning on the first day of

October 2014, and ending on the 30th day of September 2024, or until canceled by LESSEE upon written notice to the LESSOR by registered mail at the address as hereinabove shown or terminated or renewed as hereinafter provided.

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4. The LESSOR hereby designates Dave Butcher as its agent to deal with the LESSEE in matters

pertaining to this agreement, its terms and conditions. 5. This Grove Lease shall commence upon full execution and unless earlier terminated per the

provisions herein, shall remain in effect for a period of ten years with an option to renew for an additional term not to exceed ten years. Every five (5) years the then existing lease payment shall be increased by 8%. Absent an uncured default by LESSEE, LESSEE may exercise the option to renew by giving LESSOR not less than 180 days advance written notice prior to the expiration of the initial term. Lease payments during the renewal term shall be subject to 8% increases in the first and sixth years thereof.

6. The LESSEE agrees to provide the following Grove caretaking services.

Fertilization The LESSEE will apply, to the approximately 371 acres of grove, fertilizer at the minimum rate of 150 lbs of nitrogen per year per acre divided in three applications. Other components of the fertilizer will be determined by the LESSEE through foliage samples and approved by the LESSOR. The LESSEE will apply nutritional spray at the recommended rate and time for each variety. The LESSEE will furnish all test results on foliage and soil to the LESSOR. Young non-producing trees less than 4 years old will receive 1 pound of young tree fertilizer per inch of diameter every six weeks from mid February through October. Soil PH will be maintained by the LESSEE within the accepted industry standards as outlined by IFAS’s Citrus Research and Education Center. Tree Replacement The LESSEE is required to replace missing trees and to remove and reset trees that become non-productive. The LESSOR understands there is a problem with Tresteza in the blocks containing sour orange root stock and greening may be found throughout the grove and in adjacent groves. Allowance for the replacement of non-productive trees should be calculated as a normal operating cost and considered in the bid proposal. Irrigation The LESSEE will maintain the entire irrigation system in a workable condition at the LESSEE’s expense. This will include power units, wells, pumps, mainlines, ditches, dike, culverts, control structures, reservoir and under tree lines and jets. This includes but is not limited to normal damage caused by freeze and lightning and other natural and manmade causes. The LESSOR will require each tree to have at least one workable jet to insure sufficient irrigation. The LESSOR will require preventative maintenance on all six power units according to its schedule and at the LESSEE’s expense. Fuel and air filters will be changed annually. Oil and oil filters will be changed according to manufacture recommendations every 5 months or 200 run hours, whichever comes first. The LESSEE will be required to submit to the LESSOR’s Project Manager monthly run times, hour meter readings for each block under irrigation and the gallons pumped from pumps 1, 3 and 6. Logs should be kept at each pump. In the event of a power unit or well failure through no fault of the LESSEE, the LESSOR will assume the responsibility for replacement within a reasonable time period. Under tree care Producing trees will be kept clean of vegetation to the drip line by the use of herbicide. Young trees will be kept clean of vegetation at the rate of three times the diameter of the drip line until they reach four years of age at which time they will be considered producing trees. The LESSEE will control all species of vines within the Grove at ground level. The LESSEE will control and eradicate any invasive exotic species within the Grove including ditches, ponds and drive areas. The LESSOR will monitor the eradication of all invasive exotic species to insure compliance. All drainage ditches should be properly maintained with the bottom of ditches free of vegetation and shoulders free of broadleaf vegetation.

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All non-productive acres within the Grove must be maintained by mowing or by herbicide to protect the irrigation system, unless otherwise indicated in writing by the Project Manager. Irrigation and ditch systems must be maintained in a workable condition. All vegetation in non-productive middles must be kept at maximum of one foot, unless otherwise notified by LESSOR. All pesticides, fungicides, fertilizers, etc. will be applied at the labeled rate. LESSEE will comply with all state and federal regulations including but not limited to all pesticide application, herbicide application, Worker Protections Standards and labor laws. Additionally, the LESSEE will implement Water Quality/Quantity Best Management Practices for Indian River Area Citrus Groves. The LESSEE will be required to sign a Notice Of Intent To Implement the citrus BMP’s within 90 days of signing the lease. Contact the Okeechobee office of the DOACS Office of Agricultural Water Policy for further information. Hedging and Topping The LESSEE will hedge and top on a program agreed to by the LESSOR. Citrus Canker The LESSEE and LESSOR will abide by all rules as set forth by the Citrus Canker Eradication Program (CCEP) in accordance with Florida Statutes, Section 581.031(26) and Rule Chapter 5B-58, F.A.C. The LESSEE must sign and abide by the current edition of the CCEP GROVE / CARETAKER COMPLIANCE AGREEMENT. LESSEE bears the responsibility to remain informed regarding any changes in the Citrus Canker Eradication Program. All compliance agreements, attachments, schedules, procedures and quarantines are subject to change. LESSEE is responsible for retrieving quarantine maps and other revised documents and updated information from local Canker Program offices and official Internet postings, which can be found at the following address: (http://www.freshfromflorida.com/pi/canker/). Further, the LESSEE will maintain, operate and use at their expense the canker spray station that is currently in place and will decontaminate all personnel and equipment in accordance with CCEP rules, which are generalized as follows:

Prior to departing a citrus grove or a disposal site, all personnel must inspect vehicles and equipment for plant material and debris and clean all vehicles, equipment, picking sacks and clothing free of fruit, limbs, leaves, soil and debris; which material must be left on that property or be disposed of in accordance with CCEP regulations. All personnel and equipment, once cleaned, must be decontaminated by an appropriate method in accordance with Approved Decontamination Products & Methods (CCEP Compliance Agreement Attachment, “Schedule 11”) upon entering a grove or upon departing a grove or disposal site by the terms set forth within the GROVE / CARETAKER COMPLIANCE AGREEMENT.

In the event the grove is determined to be infected with citrus canker, the review panel, as addressed in Section 12 (b) of the Grove Lease will determine what is fair and equitable regarding lease compensation. Fallow block replanting The 55 acres of fallow land in the grove will be replanted during the first year of the lease. The varieties and planting densities must be approved by the LESSOR prior to ordering the seedlings. Bedded rows will require reshaping and new irrigation lines installed with microjets before planting. Greening Greening is occurring in the grove and adjacent groves. A program of psillid control and foliar nutrition will be maintained on the grove according to industry standards.

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Burning Burning of Grove trees will only take place under authorization from the LESSOR and in compliance with the laws, rules and statutes of the State of Florida. The burning of bags, containers and debris will only take place when such items are legal under law to burn and only after contacting the LESSOR’S representative.

Cold Protection The LESSEE will provide normal and reasonable cold protection of the citrus trees as necessary to prevent damage from frost or freeze as dictated by standard industry practices. Frost protection will be provided any time temperatures are expected to drop below 28 degrees Fahrenheit for four hours or more. If over 50% of the Grove is destroyed by a freeze, the LESSEE shall contact LESSOR in writing according to terms set forth in Section 12(b) of the Grove Lease. Annual Report An annual report to the LESSOR will be submitted by September 1st of each year. The contents of that report will include:

Leaf and Soil analysis results The number of trees removed and resets by block for the year The number of trees with greening by block Production records for each variety A list of significant management actions, including but not limited to hedging and top

work and requests that require approval by the LESSOR The LESSEE will supply load tickets with weights, analyses, boxes, tons and any other

information as it applies to a bill of lading of any substance entering or leaving the property of the LESSOR.

LESSEE shall submit copies to the Project Manager of each analysis card for all treatment chemicals purchased for the performance of maintenance and caretaking activities set forth in this Grove Lease.

A report of the number of hogs killed or removed from the grove.

7. The LESSEE shall maintain the Grove free of all damaged harvest equipment and debris such as boxes, ladders, etc., except when in use. Trash and debris shall not be allowed to accumulate on the Grove premises. Trash resulting from daily management shall be removed daily or disposed of in a sealed garbage can to be disposed of routinely along with other debris from Grove activities. The LESSEE shall provide trash receptacles for individuals working in the Grove operation. These trash receptacles shall be placed within easy access to those individuals working in the Grove.

a. The Project Manager or his designee shall conduct spot checks during activities, and be

witness to, and document such activities. b. The Project Manager or his designee shall, at his discretion, monitor the volume of fruit

harvested and removed from the Grove.

8. The Prairie Tract is part of Operation Outdoor Freedom (OOF), which offers special recreational opportunities for wounded military veterans. There are currently several hunts that take place in and near portions of the grove. The LESSEE will be notified of upcoming hunts at least two weeks prior to any hunting activities and the FFS hunt coordinator will coordinate activities with the LESSEE to ensure safety for all grove personnel.

9. Hogs may be trapped inside the grove to reduce damage and fruit loss. All hogs trapped or killed

in the grove must be reported to the Project Manager annually. Removal of live hogs from the property requires a special use permit from the Program Manager and certification from the Division of Animal Industry to transport live hogs.

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10. Bee hives may be kept in the grove for pollination. 11. Neither this Grove Lease nor any part hereof may be assigned. 12. a) Requests for early termination of this Grove Lease by the LESSEE must be made in writing

to the LESSOR not less than one (1) year (365 days) prior to the desired termination date and must be approved in writing by LESSOR. If LESSEE’S request to terminate this Grove Lease before the termination date is approved, the Lease fee for the current year will be due in full and will be retained by the LESSOR.

b) In the event of a catastrophic event, the LESSEE may request in writing that LESSOR

reduce or abate the Lease payment due under the Lease. Unless otherwise agreed to by LESSOR and LESSEE, a panel of five will determine the merits of such request, and the panel’s decision will be binding upon LESSOR and LESSEE. The panel will consist of the Citrus Agent from the Polk County Extension Service acting as the chairperson, a Division of Plant Industry member, one member from private industry chosen by the chairperson and one member each from the LESSOR and LESSEE.

13. It shall be the responsibility of the LESSEE to comply with all local, state and federal law and

regulations. This includes, but is not limited to, adherence to all rules and guidelines for citrus canker, adherence to environmental constraints, the acquisition of all permits and licenses necessary for the conduct of the business and compliance with all laws governing the responsibility of an employer with respect to persons it employs. All required permits and licenses must be obtained and presented to the LESSOR prior to commencement of any operation by the LESSEE.

14. The LESSEE is responsible for reporting to government agencies, as required, including but not

limited to, the South Florida Water Management District related to consumptive use permits, the Florida Division of Environmental Protection related to fuel containment and pesticide use. Copies of all reports shall be provided to the Project Manager.

15. The LESSEE shall furnish proof of insurance coverage within ten (10) calendar days after

Notification of Award and prior to starting the contract. A Certificate of Insurance shall be furnished by the LESSEE for all insurance required by this contract and shall include the State of Florida, Florida Department of Agriculture and Consumer Services (FDACS) as additional insured. This form(s) shall be completed and signed by the authorized Agent and returned to the Purchasing Office, 407 South Calhoun St., Room SB-8, Mayo Building, Tallahassee, Florida 32399-0800. Certificate(s) shall be dated and show:

1. Name of the insured LESSEE, specific job by name, name of the insurer, number of the

policy, its effective date and its termination date.

2. Statement that the insured will mail notice to FDACS, at least thirty (30) calendar days prior to any material changes in provisions or cancellation of the policy.

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.

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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 WORKER'S COMPENSATION INSURANCE The LESSEE shall obtain and maintain during the life of this agreement Workers Compensation Insurance in accordance with Chapter 440, Florida Statutes, for all employees connected with the work of this project and in case any work is sublet, the LESSEE shall require the sub-contractor similarly to provide Workers Compensation Insurance for all of the latter's employees unless such employees are covered by the protection of the LESSEE. Such insurance shall comply fully with the Florida Workers Compensation Law.

16. The LESSEE agrees to establish and maintain records to provide evidence that all terms of this

Grove Lease have been and are being observed. The LESSOR shall have the right and authority to audit all records, documents and books pertaining to the management and caretaking operation. Such audit will be conducted at locations and at a frequency determined by the LESSOR and communicated to the LESSEE. LESSEE agrees to provide materials for the audit at the designated place within fifteen (15) days after the LESSOR notice is received. .

17. This Grove Lease may be unilaterally canceled by the LESSOR should the LESSEE refuse to

allow public access to all documents, papers, letters or other material made or received in conjunction with this Grove Lease, pursuant to the provision of Chapter 119, Florida Statues.

18. Any responsibility on the part of the LESSOR which requires annual appropriation by the

Legislature is deemed executory only to the extent that funds are available for the purpose in question.

19. The LESSEE shall hold harmless and indemnify to the fullest extent permitted by law, the State

of Florida, FDACS and FDACS employees from and against any and all claims, damages, losses and expenses of any nature whatsoever, including but not limited to attorneys' fees, arising out of or resulting from LESSEE’S use or occupancy during the term of the Lease. This indemnity shall survive the expiration or early termination of the Lease.

20. All notices as provided herein shall be served by mail at the following address:

LESSEE LESSOR FLORIDA FOREST SERVICE, LAKELAND DISTRICT 5745 S. Florida Avenue Lakeland, Florida 33813

21. This Grove Lease has been delivered in the State of Florida and shall be construed in

accordance with the laws of Florida. Any action hereon or in connection herewith shall be brought forth in Leon County, Florida.

22. No delay or omission to exercise any right, power or remedy accruing to either party upon

breach or default by either party under this Grove Lease, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default thereafter.

23. Nothing herein contained shall create or be construed as creating a partnership between the

LESSOR and the LESSEE or to constitute the LESSEE as agent of the LESSOR.

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24. This Grove Lease is not intended nor shall it be construed as granting any rights, privileges or

interest in any third party. 25. The LESSEE’S right to maintain and care for the Grove shall continue only so long as the

LESSEE complies with the terms and conditions of this Grove Lease. 26. The LESSEE agrees to pay for all utilities benefiting the Grove and for garbage disposal related

to activities related to this Contract. 27. The LESSEE shall be responsible for all services provided under the terms of this Grove Lease.

LESSEE may subcontract as necessary to perform the service. Subcontract services needed by LESSEE, beyond those normally necessary for Grove care shall require approval in writing from the LESSOR. It is understood by the LESSEE that LESSEE is liable for all subcontractors’ performance under any subcontract, and the LESSEE shall be solely responsible for reporting gross sales from all operations under this Grove Lease, including sales made pursuant to any subcontracts.

28. The LESSEE shall furnish a Performance Bond in the amount of One Hundred-Fifty Thousand

Dollars ($150,000.00) to ensure full and complete compliance with the specifications as stated in this Grove Lease. The Performance Bond shall benefit the LESSOR and shall be issued from a reliable Surety Company acceptable to the LESSOR, licensed to do business in the State of Florida. Such a Performance Bond shall be accompanied by a duly authenticated power of attorney evidencing that the person executing the Performance Bond on behalf of the Surety had the authority to do so on the date of the Performance Bond. In the event of non-payment of Lease payments owed to the LESSOR or any other breach of the lease, the LESSEE or the LESSEE’s surety shall provide the monies from the Performance Bond as compensation for any such loss to the LESSOR. The Performance Bond shall be provided no later than twenty (20) calendar days prior to the effective date of the commencement of the Lease term (October 1, 2014).

29. It is expressly agreed that the LESSOR shall have a continuing lien on all personal property of

the LESSEE located in the Grove, for all sums which may from time to time become due and unpaid to the LESSOR in excess of the One Hundred-Fifty Thousand Dollars ($150,000.00) Performance Bond, under this Grove Lease. In the event of default of payment by the LESSEE, the LESSOR shall have the right in addition to compensation by the Performance Bond to take possession of and retain the same until full amount due shall be paid, or to sell the same at public auction, and after deducting the expense of such sale, apply the balance of the proceeds to such payment, and if there should be any deficiency, to resort to any other legal remedy available to it.

30. LESSEE shall not allow a lien of any kind to be placed on citrus fruit produced in the Prairie

Tract Citrus Grove. 31. Upon expiration of the term specified in paragraph 1 herein, and if the LESSEE has made full

payment under this Grove Lease and fully complied with the terms of this Grove Lease, all personal property belonging to LESSEE shall be removed from the Grove. Failure to do so may cause such personal property to be removed and stored at the cost and expense of the LESSEE, and the LESSOR shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until all amounts due are paid. Further, the LESSOR may sell such property and reimburse itself for such costs and expense, plus the expenses of the sale.

32. The LESSEE agrees that the Grove and premises may be inspected at any time by authorized

representatives of the LESSOR, authorized representatives of the Florida Division of Agriculture and Consumer Services or by any other state, county or municipal officer or agency having

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responsibilities for inspection of such operations. The LESSEE agrees to undertake immediately the correction of any deficiency cited by such inspectors. The LESSOR reserves the right to allow prospective offers to inspect the Grove, during reasonable hours, in connection with submitting offers to operate the citrus Grove for the succeeding contract period. The LESSOR further reserves the right for any succeeding LESSEE to enter the area for the purpose of cultivation and customary preparatory work for the ensuing crop.

33. The LESSEE hereby waives all claims for loss or damage resulting from freeze, fire, water,

tornado, hurricane or other severe storms, civil commotion riot, criminal activity, loss or spoilage and the LESSEE hereby waives all rights, claims and demands and forever releases and discharges the LESSOR and its officers and agents from all demands, claims, actions and causes of action arising from any of the aforesaid causes.

34. LESSEE agrees that it will not alter or damage the Prairie Tract Citrus Grove including natural or

cultural resources in any way by performance under this Lease, and that it shall be responsible for and shall fully repair all damage to any Grove facilities, which may result from its activities hereunder. The LESSEE acknowledges that all wildlife and artifacts are protected and that there shall be no killing, maiming, molesting, removal or disturbing of wildlife or artifacts without the permission and at the direction of the LESSOR. Roads shall be maintained in their current condition or improved from the current condition. Ditches shall be maintained for hydro-efficiency.

35. The LESSEE agrees to designate areas that are mutually agreeable between the LESSOR’s

Project Manager and the LESSEE for the mixing of pesticides. Pesticides and other chemicals stored on-site shall be stored in a locked and labeled manner. The LESSEE agrees to provide backflow devices on all sprayers used in the Prairie Tract Citrus Grove. A Restrictive Use Pesticide log shall be maintained in the chemical storage area by the LESSEE. Check valves shall be operational before any fertilization or chemigation injection on LVI systems.

36. The LESSEE agrees that only Federal Environmental Protection Agency and LESSOR

approved insect control chemicals, pesticides or herbicide shall be used in Prairie Tract Citrus Grove. No pesticides or herbicides shall be used without LESSOR written approval. The LESSEE shall be responsible for cleanup of all pesticide or fuel spills. Worker Protection Standards (WPS) laws shall be used as stated on pesticide labels. Use of IFAS spray guide is recommended. Posting of pesticide application areas, rated, dates and re-entry shall be done as required by worker protection standards and pesticide label directions. Chemicals shall be stored in proper manner and according to label directions. The LESSEE shall provide a suitable shed for such chemical storage. The LESSEE shall continue general care taking and production practices the final year of contract to insure that the following year shall remain productive.

37. It is understood and agreed that the members constituting the Florida Department of Agriculture

and Consumer Services and it officers and agents are acting in a representative capacity and not for their own benefit; and that neither the LESSEE subcontractor nor others shall have any claim against any such member, officer or agent as individuals in any event whatever, when they are acting within the guidelines, terms and conditions set forth herein or when complying with applicable laws, rules, ordinances or LESSOR directives and procedures.

38. If the LESSEE breaches any of the terms and conditions of this Grove Lease, the LESSOR shall

give the LESSEE the opportunity to remedy the breach within 10 calendar days after receipt of a notice of such breach from LESSOR. If the LESSEE fails to cure such a breach within the specified time, the LESSOR may terminate this Grove Lease three (3) days after receipt of notice of termination delivered or mailed to the LESSEE’S address as set forth in this Lease. Continued occupancy of the premises after termination of the Contract shall constitute trespassing by the LESSEE and may be prosecuted as such. In addition, the LESSEE shall pay to the LESSOR $100 per day as liquidated damages for such trespassing and holding over.

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LESSEE shall not remove any personal property used in the performance of the terms and conditions of this Grove Lease until all financial obligations hereunder have been met.

39. The LESSOR prohibits discrimination on the basis of race, color, national origin, age or

handicap. The LESSEE agrees not to discriminate, in the providing of services to the public or through its employment practices, on the basis of race, color, national origin, age or handicap.

40. 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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.

41. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the

convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, consultant or by any other manner under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list.

42. This Grove Lease and attachments represent the entire Grove Lease of the parties and

supersede all previous agreements. Any alterations, variations, changes, modifications or waiver of provision of this Grove Lease shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto and attached to the original of this Grove Lease.

43. AS CONSIDERATION OF THIS CONTRACT, 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 CONTRACT.

44. LESSEE shall not sub-lease the property without prior written permission from the LESSOR. 45. LESSEE shall indemnify, defend and hold LESSOR harmless from all fines, suits, procedures,

claims and actions of every kind and all costs, associated with any claims (including attorney’s and consultants’ fees) arising out of or in any way connected with any deposit, spill, discharge or other release of hazardous substances that occurs during the term or any renewal thereof, at or from the Grove or which arises at any time, for LESSEE’S use or occupancy of the Grove or from LESSEE’S failure to provide all information, make all submissions and take all actions required by all authorities under the laws and all other environmental laws. LESSEE’S obligations and liabilities under this section shall survive the expiration or earlier termination of this Lease.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.

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IN WITNESS WHEREFORE, the LESSEE and the LESSOR have hereto set their hands and executed this Grove Lease the day and year last below written.

LESSEE

Witness BY:

TITLE:

Witness Date

The foregoing Grove Lease was acknowledged and sworn to

before me this day of , 2012 by

, who is personally known to me.

My Commission expires in Notary Public

LESSOR

Florida Department of Agriculture & Consumer Services

Florida Forest Service

Witness BY:

TITLE:

Witness Date

The foregoing Grove Lease was acknowledged and sworn before me this ________ day of, 2012 by

,

Name & Title

Florida Department of Agriculture and Consumer Services, who is personally known to me.

My Commission expires in Notary Public

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Attachment B Model Grove Lease, Exhibit A1

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Attachment B Model Grove Lease, Exhibit A2

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Attachment B Model Grove Lease, Exhibit A3

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ATTACHMENT C

STATE OF FLORIDA FLOLRIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

DRUG-FREE WORKPLACE PROGRAM - BIDDER CERTIFICATION

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug- free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution,

dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's

policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that

are under bid a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance

or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through

implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

___________________________________

VENDOR'S SIGNATURE

Gresham, Mike

From: Core, David Sent: To:

Tuesday, June 19, 2012 11 :15 AM Gresham, Mike

Cc: Karels, Jim; Vowell, Jeff Subject: FW: Forestry's Kissimmee Shores Grove Attachments: Kissimmee Shores Rd . Grove Analysis.xlsx; Kissimmee Shores Map.pdf;

Kissimmee Shores Rd. Grove Assessment.doc

Mike,

DPI inspected the grove and found the overall condition & productivity comparable to other well managed groves in the area.

David Core Assistant Director Florida Forest Service 3125 Conner Blvd. Tallahassee, FL 32399-1650 Office: 850-414-9967 Cell: 850-228-7759 david.core a freshfromflorida.com http://www.floridaforestservice.com

From: Zipprer, Gary Sent: Tuesday, June 19, 2012 10:50 AM To: Vowell, Jeff; Core, David; Schreiber, Winnie Cc: Kern, John; Butcher, Dave; Britt, Rick; Hunt, David Subject: FW: Forestry's Kissimmee Shores Grove

See attached information on the Prairie Tract grove.

From: carlton, Greg Sent: Tuesday, June 19, 2012 9:40 AM To: Zipprer, Gary Cc: Gilbert, Jeremy; Hommel, Virginia Subject: FW: Forestry's Kissimmee Shores Grove

Gary,

Find attached an assessment of the Kissimmee Shores Road Grove, a spreadsheet showing various infection levels in each block and a map of the block numbers we referred to. I estimated that 6% of the trees could be pushed due to decline. This is not an actual count but an estimation. Also, block acreages may not match your records, this information was pulled from our internal records. Please let me know if this report is not sufficient for your needs. If we can be of service in the future, don't hesitate to give me a call. Best Regards, Greg

Greg Carlton Chief, Bureau of Pest Eradication and Control Division of Plant Industry

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Florida Dept. of Agriculture and Consumer Services Office phone: 863-298-7777 Cell phone: 863-632-2355 Fax#: 863-863-298-4554 Email address: qreq.carltan@(resh(romf/orida.com

Please note that Florida has a brood public records law (Chapter 119, Florida Statutes). Most written communications to or from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida.

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HIOCK JJ LanKer mrectea 'Yo LanKer 1 JJ ureenmg mrectea 'Yo ureenmg ueaa 'Yo Dead

TRS # Variety #Acres #Trees Trees Infected Trees Infected Trees Trees

30-30-28 1 Pushed

30-30-28 2 Red Gft 11.6 1,189 1 0.1% 146 12.3% 14 1.2%

30-30-28 3 Valencia & Red Gft 31.3 4,812 6 0.1% 322 6.7% 10 0.2%

30-30-33 1 Valencia 18.4 2,840 0 0.0% 148 5.2% 6 0.2%

30-30-33 2 Ambersweet 9.5 1,456 5 0.3% 204 14.0% 9 0.6%

30-30-33 3 Red Gft 9.7 1,029 8 0.8% 177 17.2% 1 0.1%

30-30-33 4 Ambersweet & Red Gft 22.3 3,293 108 3.3% 545 16.6% 92 2.8%

30-30-33 5 Red Gft 6.9 730 6 0.8% 59 8.1% 1 0.1%

30-30-33 6 Navel & Valencia 6.8 830 1 0.1% 43 5.2% 0 0.0%

30-30-33 7 Tangelo-Minneola 6.7 830 6 0.7% 27 3.3% 0 0.0%

30-30-33 8 Valencia 6.5 1,003 5 0.5% 45 4.5% 1 0.1%

30-30-33 9 Ambersweet 4.1 637 3 0.5% 30 4.7% 5 0.8%

30-30-33 10 Hamlin 14.9 2,287 0 0.0% 101 4.4% 1 0.0%

30-30-33 11 Valencia 38.1 5,860 6 0.1% 339 5.8% 103 1.8%

30-30-33 12 Tangelo-Minneola 6.6 810 6 0.7% 7 0.9% 2 0.2%

30-30-33 13 Navel & Red Gft 66.0 1,110 0 0.0% 72 6.5% 1 0.1%

30-30-33 14 Red Gft 5.4 577 5 0.9% 122 21.1% 16 2.8%

30-30-33 15 Pushed

30-30-33 16 Valencia 39.1 6,017 22 0.4% 770 12.8% 83 1.4%

30-30-33 17 Tangelo-Minneola 6.6 810 11 1.4% 188 23.2% 7 0.9%

30-30-33 18 Red Gft 6.6 810 8 1.0% 176 21.7% 7 0.9%

30-30-33 19 Pushed

' 30-30-33 20 Pushed

30-30-33 21 Valencia 28.8 4,439 8 0.2% 540 12.2% 114 2.6%

30-30-33 22 Hamlin 37.0 5701 7 0.12% 485 8.5% 201 3.5%

Overall Total 383 47,070 222 0.47% 4,546 9.7% 674 1.4%

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DIVISION OF PLANT lNDt;STRY PEST ERADICATION AND CONTROL

(863) 298·7777 ( 863) 291·5219 FAX • ~-~

3027 LAKE ALFRED ROAD

WINTER HAVEN, FLORIDA 33881 -1438

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM

To: Gary Zipprcr From: Greg Carlton Date: June 19,2012 Subject: Kissimmee Groves Rd. Grove Assessment

On June 11 and 12. 2012, Citrus Health Response Program (DPI) staff performed an assessment of Florida Forestry's leased citrus grove referred to as the Kissimmee Shores Rd. Grove, located in Sections 28 and 33. Tov .. nship 30S. Range 30E. in Polk County. Florida. The grove consists of approximately 371 net tree acres of citrus including llamlin. Valencia, Red Grapefruit. Navels and Minneola Tangerine varieties.

The primary objective of the assessment was to determine the visual level of citrus greening infection in the grove. Counts of symptomatic trees were perfom1ed by inspecting the bed tops of each block. No samples were sent to the DPI laboratory for confirmation. Attached is a spreadsheet of resulting observations. The estimated average of symptomatic trees across the grove was 9.7%. Dead trees were also counted in each block resulting in 674 or 1.4% dead trees in the grove. (See attached spreadsheet)

In addition to the above, the general health of trees. declining trees. crop. and condition of irrigation components and drainage conveyances were noted. The results of these observations are as follows:

T ree Health: Declining trees observed had the characteristics of thinning fol iage and minimal or no fruit crop. Declining trees that may be considered for pushing due to the effects of greening disease ranged from 1% up to 20% in individual blocks and averaged approximately 6% across the grove. Other declining trees. with minimal fruit crop. usually were observed on the ends of rows. This condition may be related to poor soil fertility in spoil material from the drainage canals being spread into the grove at development. At the southwest corner of the grove empty spaces, dead and/or declining trees could be attributed to poor drainage. Considering dead and declining trees. approximately 7.4% of the spaces rna; be considered for resetting.

Trees with visual signs of greening were in various levels of decline; however, the majority of infected trees is productive and with proper nutrition should remain productive for the near future. Other than greening symptoms. the grove was in excellent condition. There were no nutritional deficiencies or greasy spot noted. The excellent foliage color and density indicates the grove has been managed using generally accepted horticultural practices. The fruit crop. though not heavy, is considered to be acceptable for the upcoming 2012-13 crop year.

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There were several blocks in the grove that should be considered for hedging. The caretaker may have plans to hedge portions or these blocks in the ncar future.

Weed management: The grove was in acceptable condition with regard to proper weed management. Recently. herbicides had been applied across the entire grove. The grove floor and outparcels shmved signs of being mowed on a regular basis.

Drainage and Irrigation: From visual observations. components of the irrigation pump stations were in acceptable condition. The aboYe ground irrigation components in the field (emitters and poly tubing) from all indications vvere being adequate!) maintained. The field ditches, canals and culverts were in suitable condition.

Overall, the condition and productivity or the grove is comparable to other well managed groves in the area.