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2021-097
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2021-097
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Last modified
8/16/2021 3:46:22 PM
Creation date
7/20/2021 12:42:01 PM
Metadata
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Template:
Official Documents
Official Document Type
Lease
Approved Date
07/13/2021
Control Number
2021-097
Agenda Item Number
8.L.
Entity Name
Board of Trustees Internal Improvement Trust Fund of Florida
Subject
Sovereignty Submerged Lands Fee Waived Lease 5-Year Renewal for Archie Smith Fish House
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23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee <br />shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the <br />construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior <br />written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. <br />24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at <br />all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs <br />on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by <br />the Lessor. <br />25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons <br />for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by <br />paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month <br />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 assignments <br />thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used <br />principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return <br />to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of <br />another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. <br />27. SPECIAL LEASE CONDITIONS: <br />A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent structures <br />included in this lease if 50 percent or more of the area encompassed liy a structure is destroyed or if use of a structure has been <br />discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to restore the structure to a <br />safely useable condition. In addition, the use of the non -water dependent structures included in this lease shall not be converted to <br />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 from <br />boat operation. The Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and shall be <br />required to replace the signs in the event they become faded, damaged or outdated. The Lessee shall ensure that the view of the <br />signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall be in <br />accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and Wildlife <br />Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street — 6A, Tallahassee, Florida 32399- <br />1600 (Phone 850/922-4330). <br />[Remainder of page intentionally left blank; Signature page follows] <br />Page 5 of 18 Pages <br />Sovereignty Submerged Lands Lease No. 310008014 <br />
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