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3 ri,50 <br />• .i <br />N <br />( This Instrument Prepared By: <br />Rebecca Stallworth <br />Recurring Revenue Section <br />Bureau of Public Land Administration <br />V 3900 Commonwealth Boulevard <br />Mail Station No. 125 <br />Tallahassee, Florida 32399 <br />1962945 <br />THIS DOCUMENT HAS BEEN <br />RECORDED IN THE PUBLIC RECORDS <br />OF INDIAN RIVER COUNTY FL <br />BK: 2307 PG:2253, Pagel of 16 <br />12/10/2008 at 09:17 AM, <br />JEFFREY K BARTON, CLERK OF COURT <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 purooses 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 />[02/291 <br />6�*OCOUNTYATTORNEY'S OFFICE <br />INDIAN RIVER COUNTY <br />1801 27th Street <br />Vera Beach, Florida 32960 <br />J!_ o <br />