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amu• �� Z ® , - ® 8 U This Instrument Prepared By: Pattie J. Scott Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND MODIFICATION TO REFLECT CHANGE IN UPLAND OWNERSHIP BOT FILE NO . : 310025634 PA NO. : THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Indian River County, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows : A parcel of sovereignty submerged land in Section 36 , Township 31 South, Range 39 East, in the Indian River, Indian River County, containing 1 ,646 square feet, more or less, as is more particularly described and shown on Attachment A, dated November 21 , 2000 . TO HAVE THE USE OF the hereinabove described premises from September 19, 2008, the effective date of this modified Lease renewal, through October 15 , 2012 , the expiration date of this modified lease renewal . The terms and conditions on and for which this modified lease renewal is granted are as follows : 1 . USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 3 -slip docking facility with a non- water dependent tool shed located within disclaimed area exclusively to be used for mooring of transient vessels in conjunction with an upland fruit (Citrus) sales without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health , whichever agency has jurisdiction, and without liveaboards as defined in paragraph 28, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease . 2 . LEASE FEES : The Lessee hereby agrees to pay to the Lessor an annual lease fee of $459 .97, plus sales tax pursuant to Section 212 .031 , Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice . The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21 . 011 , Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of State Lands (the "Division" ) will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division as agent for the Lessor. [061