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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 />