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D
<br /> 1962945
<br /> THIS DOCUMENT HAS BEEN
<br /> RECORDED IN THE PUBLIC RECORDS
<br /> OF INDIAN RIVER COUNTY FL
<br /> This Instrument Prepared By: BK: 2307 PG:2253, Paget of 16
<br /> Rebecca Stallworth 12/10/2008 at 09: 17 AM,
<br /> "I RecurringRevenue Section
<br /> JEFFREY K BARTON, CLERK OF COURT
<br /> Bureau of Public Land Administration
<br /> V 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 LEASE
<br /> MODIFICATION TO CONVERT TO FEE WAIVED LEASE, REFLECT CHANGE
<br /> IN OWNERSHIP, CHANGE DESCRIPTION OF USE AND REDUCE SQUARE FOOTAGE
<br /> BOT FILE NO. 310008014
<br /> THIS LEASE is hereby issued by the Board of Trustees of the Intemal Improvement Trust Fund of the State of
<br /> Florida, hereinafter referred to as the Lessor.
<br /> WITNESSETH: That for and in consideration 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 31 ,
<br /> Township 30 South, Range 39 East, in the Indian River,
<br /> Indian River County, containing 3 .541 square feet,
<br /> more or less, as is more particularly described and shown
<br /> on Attachment A, dated October 19, 2007.
<br /> TO HAVE THE USE OF the hereinabove described premises from May 1 . 2008, the effective date of this modified
<br /> lease, through July 25 , 2011 , the expiration date of this modified lease. The terms and conditions on and for which this lease is
<br /> granted are as follows:
<br /> I . USE OF PROPERTY : The Lessee is hereby authorized to operate a 3-slip docking facility with a non-water
<br /> dependent historical fishhouse/shed, exclusively to be used for mooring of recreational vessels and commercial vessels for
<br /> demonstration purposes only in conjunction with an upland public historical facility, without fueling facilities, with a sewage
<br /> pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or
<br /> local authority, whichever entity applies the more stringent criteria, and without liveaboards as defined in paragraph 24, as
<br /> shown 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 and as conditioned by the State of Florida Department of Environmental Protection,
<br /> Environmental Resource Permit. 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 of the riparian uplands without first obtaining a regulatory
<br /> permit/modified permit, if applicable, and the Lessor' s written authorization in the form of a modified lease, the payment of
<br /> additional fees, if applicable. If at any time during the lease term this lease no longer satisfies the requirements of
<br /> subparagraph 18-21 .011 ( 1 )(b)7 . , Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an
<br /> annual lease fee in accordance with Rule 18-21 .011 , Florida Administrative Code, and if applicable, remove any structures
<br /> which may no longer qualify for authorization under this lease.
<br /> [02/29]
<br /> 6� 40 COUNTY ATTORNEY'S OFFICE
<br /> INDIAN RIVER COUNTY
<br /> 1801 27th Street
<br /> Vera Beach, Florida 32960
<br />
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