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2008-351
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2008-351
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Last modified
4/18/2016 10:44:52 AM
Creation date
10/1/2015 12:47:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
11/04/2008
Control Number
2008-351
Agenda Item Number
8.Q.
Entity Name
Board of Trustees of Internal Improvement Trust Fund
Subject
Archie Smith Fish House Dock Facility with DEP
Sovereignty Submerged Lands Lease
Area
Archie Smith Fish House
Supplemental fields
SmeadsoftID
7688
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24. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the <br /> Lessee shall obtain the U. S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the <br /> construction and/or activities authorized herein that may be required by the ACOE 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 /> 25. 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 /> 26. 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 /> 27. 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 /> 28. SPECIAL LEASE CONDITIONS: <br /> A. The Lessee shall not rebuild or restore the non-water dependent structures included in this lease if 50 percent or <br /> more of the area encompassed by the structure is destroyed or if use of the structure has been discontinued and 50 percent or <br /> more of the structure must be replaced in order to restore the structure to a safely useable condition unless authorized by the <br /> Lessor. In addition, the use of the non-water dependent structures included in this lease shall not be converted to a new use <br /> except as authorized by the Lessor. <br /> B. Within 30 days after the Lessor's execution of this lease, 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. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and <br /> shall be required to replace the signs in the event they become faded, or damaged or outdated. Lessee shall ensure that the view <br /> of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall <br /> be in accordance with the handout, —Permanent Manatee 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 /> Page 5 of 15 Pages . <br /> Sovereignty Submerged Lands Lease No. 310008014 <br />
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