|
� . � 0 � � 10
<br /> 2058969
<br /> THIS DOCUMENT HAS BEEN
<br /> RECORDED IN THE PUBLIC RECORDS
<br /> OF INDIAN RIVER COUNTY FL
<br /> BK: 2412 PG : 597 , Pagel of 16
<br /> 04/13/2010 at 03 : 53 PM ,
<br /> JEFFREY K BARTON , CLERK OF COURT
<br /> This Instrument Prepared By :
<br /> Pattie J . Scott
<br /> Recurring Revenue Section
<br /> Bureau of Public Land Administration
<br /> 3900 Commonwealth Boulevard
<br /> Mail Station No . 125
<br /> Tallahassee, Florida 32399
<br /> BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
<br /> OF THE STATE OF FLORIDA
<br /> SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
<br /> BOT FILE NO . : 310345813
<br /> PA NO . :
<br /> THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
<br /> Florida, hereinafter referred to as the Lessor.
<br /> WITNESSETH : That for and in consideration of the faithful and timely performance of and compliance with all
<br /> terms and conditions stated herein , the Lessor does hereby lease to Indian River County , Florida, hereinafter referred
<br /> to as the Lessee, the sovereignty lands described as follows :
<br /> A parcel of sovereignty submerged land in Section 13 ,
<br /> Township 32 South , Range 39 East, in the Indian River,
<br /> Indian River County , containing 40 , 846 square feet, more
<br /> or less, as is more particularly described and shown on
<br /> Attachment A , dated December 3 , 2009 .
<br /> TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from January 25 , 2010 , the
<br /> effective date of this lease . The terms and conditions on and for which this lease is granted are as follows :
<br /> 1 . USE OF PROPERTY : The Lessee is hereby authorized to operate three public access docks exclusively to be
<br /> used for temporary mooring, of recreational vessels in conjunction with an upland public recreational area on spoil island 1825 ,
<br /> without fueling facilities, without a sewage pumpout facility and without liveaboards as defined in paragraph 24 , as shown
<br /> and conditioned in Attachment A . All of the foregoing subject to the remaining conditions of this lease .
<br /> 2 . AGREEMENT TO EXTENT OF USE : This lease is given to the Lessee to use or occupy the leased premises only
<br /> for those activities specified herein . The Lessee shall not change or add to the approved use of the leased premises as defined
<br /> herein (e . g. , from commercial to multi -family residential , from temporary mooring to rental of wet slips, from rental of wet
<br /> slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
<br /> temporary mooring of charter/tour boats , from loading/offloading commercial to rental of wet slips , etc . ), shall not change
<br /> activities in any manner that may have an environmental impact that was not considered in the original authorization or
<br /> regulatory permit, or shall not change the type of use permitted by the Lessee ' s riparian upland easement that is more
<br /> particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, and , if
<br /> applicable, the removal of any structures which may no longer qualify for authorization under the modified lease of the
<br /> riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor' s written
<br /> authorization in the form of a modified lease, the payment of additional fees, if applicable . if at any time during the lease term
<br /> this lease no longer satisfies the requirements of subparagraph 18 -21 . 01 1 ( 1 )(b)7 . , Florida Administrative Code, for a fee
<br /> waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18 -21 . 011 , Florida
<br /> Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease .
<br /> 3 . EXAMINATION OF LESSEE ' S RECORDS : The Lessor is hereby specifically authorized and empowered to
<br /> examine, for the term of this lease including any renewals, plus three (3 ) additional years, at all reasonable hours , the books,
<br /> records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in
<br /> paragraph two (2) above .
<br /> I021
<br /> G COUN TY' AT ORNEY'S OFFICE
<br /> IRIDIAN RIVER COUNTY
<br /> 1801 27th Stmt
<br /> Vero Beach , Florida 32960
<br />
|