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2016-105
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2016-105
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Last modified
7/21/2016 2:12:38 PM
Creation date
7/21/2016 2:12:36 PM
Metadata
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Template:
Official Documents
Official Document Type
Lease
Approved Date
07/12/2016
Control Number
2016-105
Agenda Item Number
8.P.
Entity Name
Board of Trustees of Internal Improvement Trust Fund
Subject
Sovereignty Submerged Lands Fee Waived Lease
Area
Archie Smith Fish House
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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 USACE. 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 /> 27 SPECIAL LEASE CONDTIONS; <br /> A.Unless authorized in writing by the Lessor,the Lessee shall not rebuild or restore the non-water dependent <br /> structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a <br /> structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to <br /> restore the structure to a safely useable condition. In addition,the use of the non-water dependent structures included in this <br /> lease shall not be converted to a new use except as authorized in writing by the Lessor. <br /> B.Within 60 days after the Lessor's execution of this lease,the Lessee shall install and display permanent manatee <br /> educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species <br /> from boat operation. The Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and <br /> shall be required to replace the signs in the event they become faded,damaged or outdated. The Lessee shall ensure that the <br /> view of the signs is not obstructed by vegetation or structures. The number,type,and procedure for installation of these signs <br /> shall be in accordance with the handout,"Manatee Educational Signs,"which can be obtained from the Florida Fish and <br /> Wildlife Conservation Commission,Imperiled Species Management Section,620 S.Meridian Street—6A,Tallahassee,Florida <br /> 32399-1600(Phone 850/922-4330). <br /> Page 5 of 18 Pages <br /> Sovereignty Submerged Lands Lease No.310008014 <br />
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