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2010-067
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2010-067
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Last modified
1/7/2016 3:09:05 PM
Creation date
10/1/2015 2:05:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
03/09/2010
Control Number
2010-067
Agenda Item Number
8.I.
Entity Name
Boat Club Island (aka Spoil Island IR25)
Subject
Submerged Lands Fee Waived Lease
Supplemental fields
SmeadsoftID
9605
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21 . RIPARIAN RIGHTS/FINAL ADJUDICATION : In the event that any part of any structure authorized hereunder <br /> is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent <br /> riparian rights , Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to <br /> remove the interference or encroachment within 60 days from the date of the adjudication . Failure to comply with this <br /> paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this <br /> lease agreement at the option of the Lessor. <br /> 22 . AMENDMENTS/MODIFICATIONS : This lease is the entire and only agreement between the parties . Its <br /> provisions are not severable . Any amendment or modification to this lease must be in writing, must be accepted , <br /> acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of <br /> the execution of the modification or amendment. Notwithstanding the provisions of this paragraph , if mooring is authorized <br /> by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that <br /> (a) the Lessee obtains any state or local regulatory permit that may be required ; and (b) the location or size of the lift does <br />not <br /> increase the mooring capacity of the facility . <br /> 23 . ADVERTISEMENT/SIGNS/NON- WATER DEPENDENT ACTIVITIES/ADDITIONAL <br /> ACTIVITIES/MINOR STRUCTURAL REPAIRS : No permanent or temporary signs directed to the boating public <br /> advertising the sale of alcoholic beverages shall be erected or placed within the leased premises . No restaurant or dining <br /> activities are to occur within the leased premises . The Lessee shall ensure that no permanent, temporary or floating structures, <br /> fences, docks , pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty <br /> submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, <br /> relocation/realignment or major repairs or renovations to authorized structures , shall be erected or conducted on or over <br /> sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the <br /> Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253 , Florida Statutes, and shall <br /> subject the Lessee to administrative fines under Chapter 18- 14 , Florida Administrative Code . This condition does not apply to <br /> minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health , <br /> safety or welfare ; provided , however, that such activities shall not exceed the activities authorized by this agreement. <br /> 24 . ACOE AUTHORIZATION : Prior to commencement of construction and/or activities authorized herein , the <br /> Lessee shall obtain the U . S . Army Corps of Engineers (ACOE) permit if it is required by the ACOE . Any modifications to the <br /> construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior <br /> written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign , submerged lands . <br /> 25 . COMPLIANCE WITH FLORIDA LAWS : On or in conjunction with the use of the leased premises, the Lessee <br /> shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity <br /> which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination <br /> of this lease by the Lessor. <br /> 26 . LIVEABOARDS : The term " liveaboard " is defined as a vessel docked at the facility and inhabited by a person or <br /> persons for any five (5 ) consecutive days or a total of ten ( 10) days within a thirty (30) day period . If liveaboards are <br /> authorized by paragraph one ( 1 ) of this lease, in no event shall such " liveaboard " status exceed six (6 ) months within any <br /> twelve ( 12) month period, nor shall any such vessel constitute a legal or primary residence . <br /> 27 . 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," where <br /> the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters <br /> within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such <br /> gambling cruise ships . <br /> 28 . SPECIAL LEASE CONDITION FOR OTHER. FEE WAIVED LEASES THAT ARE REVENUE <br /> GENERATING Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual <br /> certified financial records of income and expenses to the State of Florida Department of Environmental Protection , Division of <br /> State Lands, Bureau of Public Land Administration , 3900 Commonwealth Blvd , MS 130 , Tallahassee, FL 32399 . " Income" <br /> is 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 4 of 16 Pages <br /> Sovereignty Submerged Lands Lease No . 310345813 <br />
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