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Reso 2012-1951
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Reso 2012-1951
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Last modified
9/19/2012 2:46:27 PM
Creation date
9/19/2012 2:46:05 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1951
Date (mm/dd/yyyy)
07/19/2012
Description
Approving the renewal of an agmt between the Board of Trustees of the Internal Improvement Trust Fund and the City
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23.USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the <br /> Lessee shall obtain the U.S.Army Corps of Engineers(USACE)permit if it is required by the USACE. Any modifications <br /> to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by <br /> and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, <br /> submerged lands. <br /> 24.COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the <br /> Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful <br /> activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the <br /> termination of this lease by the Lessor. <br /> 25.LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person <br /> or 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 /> 26.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," <br /> where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or <br /> waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from <br /> such gambling cruise ships. <br /> 27.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. This lease is granted as a fee-waived lease provided the Lessee operates and maintains the structures and <br /> qualifies for the waiver pursuant to subparagraph 18-21.011(1)(b)7.,Florida Administrative Code. Lessee agrees to pay the <br /> Lessor lease fees beginning with the operation of any portion of the fishing pier,aquatic center or restaurant by a private <br /> entity. Lessee agrees to notify the State of Florida Department of Environmental Protection of any changes in use described <br /> in paragraph 1.of this lease,prior to any portion of the leased premises being operated by a private entity or prior to any <br /> part of the leased premises becoming an adjunct to a commercial endeavor. <br /> C. Within 30 days after each anniversary of the effective date of this lease,the Lessee shall submit annual certified <br /> financial records of income and expenses to the State of Florida Department of Environmental Protection,Division of State <br /> Lands,Bureau of Public Land Administration,3900 Commonwealth Blvd,MS 130,Tallahassee,FL 32399. "Income"is <br /> defined in subsection 18-21.003(31),Florida Administrative Code. The submitted financial records shall be certified by a <br /> certified public accountant. <br /> Page 5 of 33 Pages <br /> Sovereignty Submerged Lands Lease No. 130174356 <br /> r� <br />
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