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2058969 <br />THIS DOCUMENT HAS BEEN <br />RECORDED IN THE PUBLIC RECORDS <br />OF INDIAN RIVER COUNTY FL <br />BK: 2412 PG:597 Pagel of 16 <br />Exhibit A 0411 3/2 01 0 at 03:53 PM, <br />JEFFREY K BARTON, CLERK OF COURT <br />This Insiniment 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 WANED LEASE <br />BOT FILE NO.: 310345913 <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 inconsideration 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 13 <br />Township 32 Sou Range 39 Eas 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 ofthis lease. The terms 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 without 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 recreational 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 fust 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 permit/modified 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 tens <br />this lease no longer satisfies the requirements of subparagraph 18-21.011(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 18-21.011, 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 COUNTY ATTORNEY'S OFFICE <br />INDIAN RIVERCOUNTY <br />180117th Street 8 6 <br />Vero Beach, Florida 32960 <br />