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2015-026
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2015-026
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Last modified
4/2/2018 3:42:09 PM
Creation date
4/26/2016 1:29:19 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
02/17/2015
Control Number
2015-026
Agenda Item Number
8.L.
Entity Name
Board of Trustees Internal Improvement Trust Fund
Subject
Boat Club Island Sovereignty Submerged Lands
Fee Waived Lease
5 year Renewal
Area
Spoil Island IR-25
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A TRUE COPY <br />CERTIFICATION ON LAST PAGt <br />J.R. SMITH, CLERK <br />19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of <br />Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or <br />maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's <br />interest in the riparian upland property that is more particularly described in Attachment A. This lien on the Lessee's interest in <br />the riparian upland property shall be enforceable in summary proceedings as provided by law. <br />20. 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 />21. 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 not <br />increase the mooring capacity of the facility. <br />22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDMONAL <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 wntten 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 />23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the <br />Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USAGE. Any modifications to <br />the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the <br />prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged <br />lands. <br />24. 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 />25. 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 />26. 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 />Page 4 of 11 <br />Sovereignty Submerged Lands Lease No. 310345813 <br />
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