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zosasBs <br /> THIS DOCUMENT HAS BEEN <br /> RECORDED IN THE PUBLIC RECORDS <br /> OF INDIAN RIVER COUNTY FL <br /> SK 2412 Exhibit A 004113=10 at 03:5371 PM61 of 18 <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 11 <br /> Township 32 South Range 22119 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 berms 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 IR25, <br /> without fueling facilities, without a sewage pumpout facility and mdb9pA 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 regional 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 permittmodified 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 1 &21 .011(1)(6)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 1 &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 /> [021 <br /> G ' COUNTYATTORNEY'S OFFICE <br /> INDIAN RIVER COUNTY <br /> 180127th Street <br /> Vero Beach, Florida 32960 <br />