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<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
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