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2011-233
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2011-233
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Last modified
2/18/2016 11:40:53 AM
Creation date
10/1/2015 3:14:31 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
11/15/2011
Control Number
2011-233
Agenda Item Number
8.E.
Entity Name
Board of Trustees of Internal Improvement Trust Fund
Subject
Lease renewal
Archie Smith Sovereignty Submerged Lands fee waived
Supplemental fields
SmeadsoftID
10435
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23 . USACE AUTHORIZATION : Prior to commencement of construction and/or activities authorized herein , the <br /> Lessee shall obtain the U . S . Army Corps of Engineers (USACE) permit if it is required by the USACE . Any modifications <br /> to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by <br /> and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign , <br /> submerged lands . <br /> 24 . COMPLIANCE WITH FLORIDA LAWS : On or in conjunction with the use of the leased premises , the <br /> Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder . Any unlawful <br /> activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for <br />the <br /> termination of this lease by the Lessor . <br /> 25 . LIVEABOARDS : The term " liveaboard" is defined as a vessel docked at the facility and inhabited by a person <br /> or persons for any five (5 ) consecutive days or a total of ten ( 10) days within a thirty (30) day period . If liveaboards <br /> are <br /> authorized by paragraph one ( 1 ) of this lease , in no event shall such " liveaboard" status exceed six (6 ) months within <br /> any <br /> twelve ( 12 ) month period, nor shall any such vessel constitute a legal or primary residence . <br /> 26 . GAMBLING VESSELS : During the term of this lease and any renewals, extensions, modifications or <br /> assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or <br /> vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere , " <br /> where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country <br /> or <br /> waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from <br /> such gambling cruise ships . <br /> 28 . SPECIAL LEASE CONDITIONS : <br /> A . Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non-water dependent <br /> structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of <br /> a <br /> structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to <br /> restore the structure to a safely useable condition . In addition , the use of the non -water dependent structures included in <br /> this <br /> lease shall not be converted to a new use except as authorized in writing by the Lessor. <br /> B . Within 60 days after the Lessor ' s execution of this lease , Lessee shall install and display permanent manatee <br /> educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered <br /> species from boat operation . Lessee shall maintain these signs during the term of this lease and all subsequent renewal <br /> periods and shall be required to replace the signs in the event they become faded, damaged or outdated . Lessee shall ensure <br /> that the view of the signs is not obstructed by vegetation or structures . The number, type, and procedure for installation <br /> of <br /> these signs shall be in accordance with the handout, "Permanent Manatee Signs, " which can be obtained from the Florida <br /> Fish and Wildlife Conservation Commission, Imperiled Species Management Section , 620 S . Meridian Street — 6A , <br /> Tallahassee, Florida 323994600 (Phone 850/9224330) . <br /> C . Within 30 days after each anniversary of the effective date of this lease , the Lessee shall submit annual certified <br /> financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State <br /> Lands , Bureau of Public Land Administration , 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399 . " Income" is <br /> defined in subsection 18-21 . 003 (31 ), Florida Administrative Code . The submitted financial records shall be certified by a <br /> certified public accountant. <br /> Page 5 of 16 Pages <br /> Sovereignty Submerged Lands Lease No . 310008014 <br />
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