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2011-080
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Last modified
1/29/2016 12:13:38 PM
Creation date
10/1/2015 2:14:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
03/22/2011
Control Number
2011-080
Agenda Item Number
8.I.
Entity Name
Board of Trustees Internal Improvement Trust Fund
Subject
Jones Pier Dock Submerged Lands Lease Renewal
Area
Jones Pier Indian River Lagoon
Project Number
310025634
Supplemental fields
SmeadsoftID
9694
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3 . WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT : (A) The Lessee shall provide upon <br /> request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two <br /> (2) above, including the income, as defined in subsection 18-21 . 003 (31 ), Florida Administrative Code, derived directly or <br /> indirectly from the use of sovereignty submerged lands on an annual basis . When six percent (6%) of said annual income <br /> exceeds the base fee or minimum annual fee established pursuant to Rule 18-21 . 011 , Florida Administrative Code, for any <br /> lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the <br /> amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip <br /> at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if <br /> the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement <br /> used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from <br /> said instrument or agreement for the use of said wet slip be paid to the Lessee who , upon receipt, shall report and transmit said <br /> amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that <br /> clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially <br /> similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to <br /> transfer said wet slip to each new wet slip renter/user/holder. <br /> 4 . LATE FEE ASSESSMENTS : The Lessee shall pay a late payment assessment for lease fees or other charges due <br /> under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve <br /> percent ( 12%) per annum, calculated on a daily basis for every day the payment is late . <br /> 5 . EXAMINATION OF LESSEE ' S RECORDS : For purposes of this lease renewal , the Lessor is hereby specifically <br /> authorized and empowered to examine, for the term of this lease renewal including any extensions thereto plus three (3 ) additional <br /> years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of <br /> annual lease payments as specified in paragraph two (2) above. <br /> 6. MAINTENANCE OF LESSEE ' S RECORDS : The Lessee shall maintain separate accounting records for: <br /> (i)gross revenue derived directly from the use of the leased premises, ( ii) the gross revenue derived indirectly from the use of <br /> the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The <br /> Lessee shall secure, maintain and keep all records for the entire term of this lease renewal plus three (3 ) additional years. This <br /> period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease <br /> verification purposes by the Lessor. <br /> 7 , 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 (i) change or add to the approved use of the leased premises as <br /> defined herein (e .g., from commercial to multi-family residential , from temporary mooring to rental of wet slips, from rental of <br /> wet slips to contractual agreement with third party for docking of cruise ships , from rental of recreational pleasure craft to <br /> rental or temporary mooring of charter/tour boats , from loading/offloading commercial to rental of wet slips, etc . ) ; ( ii) 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 (iii) change the type of use of the riparian uplands or as permitted by the Lessee ' s interest in the riparian <br /> upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified <br /> permit, if applicable, the Lessor' s written authorization in the form of a modified lease , the payment of additional fees, if <br /> applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified <br /> lease. <br /> 8 . PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by <br /> reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. <br /> The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's <br /> leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or <br /> cooperative ownership. The Lessee is further prohibited from making any claim , including any advertisement, that said land, <br /> or the use thereof, may be purchased, sold, or re-sold. <br /> Page 2 of 15 Pages <br /> Sovereignty Submerged Lands Lease No. 310025634 <br />
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