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Backup Documents 12/10/2019 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 60 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney OfficeCifl/, 1c3ylq .n 4. BCC Office Board of County WM.% Commissioners J. i �►' 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION t� Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Matt Catoe—Parks and Recreation Contact Information 239-252-4059 Contact/ Department Agenda Date Item was 12/10/2019 Agenda Item Number 16.D.1 Approved by the BCC Type of Document Agreement Number of Original 2 Attached Documents Attached PO number or account 156363 number if document is to be recorded INSTRUCTIONS & CHECKLIST Q!t lC'�5 U(`i -1- 01 (404125 Initial the Yes column or mark"N/A"in the Not Applicable co . -- • w• ' ever' "Yes N/A of appropriate. (Initi Applicable) 1. Does the document require the chairman's original signature 2. Does the document need to be sent to another agency for add ional signatur3.? If yes, MC '1 provide the Contact Information(Name;Agency;Address;Ph. e)on an . ached sheet. 3. Original document has been signed/initialed for legal sufficiency. - •ocuments to be MC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip MC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/10/2019 and all changes made during "A is not the meeting have been incorporated in the attached document. The County 1 , option for Attorney's Office has reviewed the changes,if applicable. x is line. 9. Initials of attorney verifying that the attached document is the version approved by the 'A is not BCC,all changes directed by the BCC have been made,and the document is ready for the , option for Chairman's signature. ds line. For additional signatures please route to: 6 0 1 1 James Kipp - OMC—Manager Submerged Lands Leasing Section Bureau of Public Lands Administration Department of Environmental Protection 3800 Commonwealth Blvd., MS#130 Tallahassee, FL 32399-3000 850-245-2731 James.Kipp@dep.state.fl.us Crystal K. Kinzel GoTCOURT�� Collier County 1 6 D 1. Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 r Naples, Florida 34112-5324 �°rC�FR oP �'ouNTY.o°�` January 7, 2020 James Kipp, Submerged Lands Leasing Manager. Bureau of Public Lands Administration Department of Environmental Protection 3800 Commonwealth Boulevard MS #130 Tallahassee, FL 32399-3000 Re: Sovereignty Submerged Lands Lease Renewal with Collier County at Caxambas Park (Collier County Florida) Mr. Kipp, Attached for further processing are two (2) original copies of the lease document referenced above, approved by Collier County Board of County Commissioners December 10, 2019. After the documents are signed by the appropriate parties, please return one original to the Collier County Minutes and Records Department that serves as Clerk to the Board, thereby providing a fully executed document for the Board's Official Record. I have included a label to facilitate mailing. If your office requires further information, please feel free to contact me at 239-252-8406. Thank you. CRYSTAL KINZEL, CLERK Ann Jennejohn, Deputy Clerk Attachments (2) Phone-(239) 252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 1601 DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE COMPLEX 3315 TAMIAMI TRAIL EAST NAPLES,FLORIDA 34112-5324 P.O. BOX 413044 NAPLES,FLORIDA 34101-3044 Bureau of Public Lands Administration Department of Environmental Protection James Kipp: Submerged Lands Leasing Manager 3800 Commonwealth Boulevard MS #130 Tallahassee, FL 32399-3000 t6111 This Instrument Prepared By: James Kipp Action No.38289 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BOT FILE NO. 110534215 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Collier County,Florida,hereinafter referred to as the Lessee,the sovereignty lands described defined in 18-21.003,Florida Administrative Code,contained within the following legal description: A parcel of sovereignty submerged land in Section 20, Township 52 South,Range 26 East, in Marco Island, Collier County,Florida, containing 10754 square feet,more or less, as is more particularly described and shown on Attachment A, dated January 7,2008. TO HAVE THE USE OF the hereinabove described premises from April 6, 2018, the effective date of this lease renewal,through April 6,2023,the expiration date of this lease renewal. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate an 11-slip public docking facility(includes 1 slip for emergency fire and rescue vessel), a concrete boat ramp and fixed shore parallel fishing pier to be used exclusively for the launching and temporary mooring of recreational vessels and a Coast guard auxiliary vessel in conjunction with an upland county park with a concessions and bait shop business,with fueling facilities,with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health,whichever agency has jurisdiction,and without liveaboards as defined in paragraph 27,as shown and conditioned in Attachment A,and the State of Florida Department of Environmental Protection Noticed General Permit No. 11-0191321-001,dated March 22,2002, and Consolidated Environmental Resource Permit No. 11-0191321-003, dated May 16, 2008. incorporated herein and made a part of this lease by reference.All of the foregoing subject to the remaining conditions of this lease. [02] 1601 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee of$1,935.40, plus sales tax pursuant to Section 212.031,Florida Statutes, if applicable,within 30 days of receipt of this fully executed lease.The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection,Division of State Lands(the"Division")will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division,as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two(2)above, including the income,as defined in subsection 18-21.003(3I),Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent(6%)of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011,Florida Administrative Code,for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party,the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder.(C)The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor. Any breach of this lease condition shall constitute a default under this lease. 4. LATE FEE ASSESSMENTS:The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (12%)per annum,calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease,the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two(2)above. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i)the gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure,maintain and keep all records for the entire term of this lease plus three(3)additional years. This period shall be extended for an additional two (2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the permit(s)referenced in paragraph 1 of this lease. The Lessee shall not (i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential, from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips,etc.); (ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable,the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. Page 2 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 " 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof,may be purchased,sold,or re-sold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b),Florida Administrative Code,in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease,this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease,the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. Both Lessee and Lessor are subject to the provision of Section 768.28,Florida Statutes. 12. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address: Collier County,Florida 3299 Tamiami Trail East, Suite 303 Naples,Florida 34112 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 14. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Page 3 of 15 Sovereignty Submerged Lands Lease No. 110534215 1 60 1 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 16. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 17. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. Page 4 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 23. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. 24. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures,fences, docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this lease. 25. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged lands. 26. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 27. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five(5)consecutive days or a total of ten(10)days within a thirty(30)day period. If liveaboards are authorized by paragraph one(1)of this lease,in no event shall such"liveaboard"status exceed six(6)months within any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. 28. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 29. FINANCIAL CAPABILITY:To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease,the Lessee certifies to the Lessor as follows: (i) the Lessee is not the subject of a pending bankruptcy proceeding that would prohibit the Lessee from paying its lease fees,on or before the due date,with or without, as applicable, approval from the bankruptcy court or, if appointed, the bankruptcy trustee; (ii) the Lessee has no unsatisfied judgments entered against it that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease; (iii)the Lessee has no delinquent state and local taxes for which it is responsible and that remain outstanding and not in dispute;and(iv)to the best of the Lessee's knowledge,there are no other matters pending or threatened against or affecting the Lessee or the Lessee's interest in the riparian upland property that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease. Any breach of this lease condition shall constitute a default under this lease. Page 5of15 Sovereignty Submerged Lands Lease No. 110534215 1601 30. SPECIAL LEASE CONDITIONS: A. Within 30 days after the completion of construction of the docking facility,Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation.Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and shall be required to replace the signs in the event they become faded,damaged or outdated.Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures.The number,type,and procedure for installation of these signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street- 6A, Tallahassee, Florida 32399- 1600(Phone 850/922-4330). B. Any vessel moored at the docking facility, on either a temporary or pennanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits,and swim platforms. C. The Lessee shall prohibit mooring, on either a temporary or permanent basis, to the waterward face of the fishing pier along the east shoreline of the site.To ensure compliance,the Lessee shall place and maintain,during the term of this lease and any other subsequent renewal periods:(1)a guard and intermediate rail(s)consistent with the state or local building code(s)or a 4-foot high railing and 2-foot high intermediate railing along the easterly and southerly waterward boundaries of the structure; and (2) signs advising boaters that mooring at the above described locations, on either a temporary or permanent basis, is prohibited. D. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 and 328, Florida Statutes,or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. [Remainder of page intentionally left blank; Signature page follows] Page 6 of 15 Sovereignty Submerged Lands Lease No. 110534215 1 60 1 IN WITNESS WHEREOF,the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Brad Richardson,Senior Management Analyst Supervisor, Bureau of Public Land Administration,Division of State Lands,State of Florida Department of Environmental Original Signature Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of ,20� by Brad Richardson, Senior Management Analyst Supervisor, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. t1PIOVED SUBJE T TO PROPER EXECUTION: 11/5/2019 Notary Public,State of Florida 1' c• DEP Attorney Date Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 7 of 15 Sovereignty Submerged Lands Lease No. 110534215 1 60 1 WITNESES: Collls,(Co ,Florida (SEAL) By itaT6• a•/ oun Co missio daPPP ,,,___,,,i4, . BY: - 1 Origin Signature On ,`nal Signature ofE tittg-Authority V IYGev‘\G.� •\� William L.McDaniel,Jr. Typed/Printed Name of Witness Typed/Printed Name of Executing Authority t jQ.4- !il - Chairman Or' mal Signature Title of Executing Authority (Cc, t l' i . -1.f. S Typed/Printed Name of Witness 3� "LESSEE" STATE OF FIOricto.(( COUNTY OF W11.t2.r The foregoing instrument was acknowledged before me this v+ day of` 0..,a0SIC ,20 a by William L. McDaniel, Jr as Chairman, for and on behalf of the Board of County Commissioners of Coll � County. He is Pers . . ..• ,as identification. My .,, ,, ;.+',,:/VIRIal.HAYES . . .1 4. V• _.a i ,•, '.;_CommissionilGG000215 Si•'.ture of Notary Public (, 'it:.. W Expires June 7,2020 ,�.,°«::x' Bonded Thru Troy Fain!mina 5004854019 Notary Public,State of FlOrido. Li k- rle. t . 0 CI SesstCC4 M. Nciyes Commission/Serial No.0c7 OC)Oa t'J Printed,Typed or Stamped Name " ATTEST CRYSTAL K.KINZEL,CLERK BY: ,(,(i( .0•C , Attest as to tt�� rman, " ' �d�d 'ttffortn and legality Ansintant County ACorney .. ,P2 Page 8 of 15 Sovereignty Submerged Lands Lease No. 110534215 1 60 i — •,k,,,,,f.„,:ok,,,t: --,:wk, ,, ,4-..• n loce`F 0.t,'-_,,,, ,,,,lw,4,1. t--.7.•,1t,' iri Fin Bistro -s- -,,,,•jit,4,fte4rei,, ,...0,* •-,,,,.7 ores - -Ulm. -1.• "% '''' ''. a Ci 7-F --., (-:, , 7 ,,, 1- • T.., rz ,... ,... .d- z. 7 ,,,4 •:.•i'j.. C.; +4.'qq! 1. IpT,, e7, „ate j qi...4,._: 3,, 7-,,4'. 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Attachment A Page 9 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 A V 5 te.!... .20055735 .11.1. k Jo , J'Aa)• n 07. 20c6 - 2:49yv el O IF'.-: O gz5 8 _ � v V' f v y == TiP 'o P v m v� ,r U '4- a; ftl c)4. SDA. 2 AP rig%iliPlig T"Fgediiel8g84ti fi: Z C.: > . T T 2 810.ki Deie i� $ z ig' i � ''1., Ch., CD g AE o a.s. - „,4,.. �,.. y . Li m C3 {") 0 Z^ 40 ri v w g > tM F o i " ��.' F4 in p u C m N ��a`^0 = =Q49/ CSN ;i0 2 9 z 0 0 G'f ttL :!19i d. Q3 sYAg7-g 15 o. m om~ oQ _ u..s X p gQ '.. 1..T. s � 133 m 33 m C . p azo a is g K lix t,.' ,i2 i 2 0 :-;cc,.. in :n C f . ssj Ait "} tt kp3 f� �e 11i' Qi a n u o¢ o > Q �R gi +� 7C Zp� ~•3 y XT - GINRR < +..F /\ IN cn PR N G �t {n h. vQ V, 06.1.1.r., 1;.4.,,< ! R t--"-- P1 gg'Pn iii Wil; o it w lit`;..it �sr 1 r:�� y 2 i * ler .,,, � 4 0� v J ti-- ,4i5S nt .'-.'. PIv:r.a jQ(7 W Rt,,a Pi 42F 5i 7Qk //Jj v c l 1 1�, �.r..� b\ti\. ✓n.1 011 : Carel 1 " Q5E. zi. qt ti 1t4 . 71 y Goy " - VA..„" % ''., ......7 i $,. i _ , [ tri y fyxf2 a 1 r I 111 a ,;a tk';:�J , . c3 \''-'4--j- )10 En? Attachment A Page l0 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 n r:\ ,,5,.a5„..7.47„ x1.e- ,.n ♦) Mc J . CO,=OS - 2,44pm a op iga pip . It, i' a Po ET'1 n v ° pmva'mA8o3R E42 �} �a " ��3 I6no� w o gg a n GI ` g: 3 ZsXsIgil ,ta I4rn; :ti sV (tags=a P rn Z m E 7-6 y3�i1 .N it pt , F3 n I N A:4 to. a °n rin • ,J $ ti hqvrardfaz ^lj a.; to �. r' 1' go Aril R laret efkt a6g- vm $ -g. .'ah& g `'°o me r• qe, g a t 3 a 3 F4g 8 4TAI god al'+4t9M:fig?I3 E P P� ni-'e - 100 „114 n ; N. g ro r'�PJPI Aa� Q'1;'.s 1,6 it 5'pS5im nX g224tbt6V QA . .; n � aaism4-E m' ao 6.-0 !T h?m� A., YN& , ig ¢ mp4-41,- 2.f.4 tS Mn a Q 4 Kg sd -1 ri EY g ^ r1i m g g U & tt ! W1t1i R rab o = o s)` a a g n _.r : CA° .�r. ”' } to_ p fn 2 Attachment A Page 11 of 15 Sovereignty Submerged Lands Lease No. 110534215 it60t 244P'• 2ato '- 01, `. \': Nt M ✓ awt vot30 l .cr \•e naa TAXA 7�""»` •� \ 5 a ,A"r . ill . I I ; if iz ilik 4 7 VA �, 744.411..v «.0 n,0070e1A f OY ' s44 ; 4 ° }zGt � Ag3F , O tSpA_ Y gA © 7 ,a / k , A ' q� 3 ? tc mn Q 'f s Q, $ Co sa t• s , O Q 7,135 i ., .. J'of) s`p f "P 2 � --' .. 2 N z � y{ f m —1 goo-�� f w3 N 31,60' "Its; a • _ $= f t I.,,,.,K,W.• �' P ti ..-' 1 "� a rrrx / N con ,F G, 1 € t t tvo ° O t` &o,•ou:,o .a.sc". �raac� r v�.a��,g w / G, P, li --"-/ Si '. _ c3 -- -f st'tr-r N rv. q sus X 'if—L. ww1. - a? •O N in Q g ! K �'A G t eiMi.,,,„ide,. 47 "' -....""`^-w.'n.'^../vc""•+ ? cu !841 r ,3;.• ,P, 077)(4 cacti SfA7iA C Jfj�,: SMOKEHOUSE CREEK S'S5 �N " ii Aaebment P' ds Lease°'1,p53g215 e\2°f 15 ubmecged L pan soveve-2, S 1601 �3A2 7:15 2CCE5735 atl4. sc" rk .bn C7. Vela 2A9pm , r; I z t t k 5P 1 r, 5131 // ;1 'N j: 1 i r R ------- / 14 7 2 brn ze IN tl$ s S ij i 11;4 S L. CI _Z.; /-il :fit: il r iypx CAXAM9AS PASS R :4614a pz s 2.A : i9w K .tid !�: i .y lb' . rA aY > ugs r `$ - a q14' X98.. ' ' n s Farc yti X 'S — ---- __ p RZ?1 si S if O / r � t5 ea e 11P ., \ ---7, i i _. ' . i� n1 gdtri ttgip `h '- '''-',._.i.\\\\\\\\ TM Q C.> FA -isg f -7o sR j Attachment A Page 13 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 ' ,prapiry ay.- '3 KO+� F+I x 42 w3u wa 3,t• Tcx. Esq. : `' cO L;2F.CO'JIMTY MO S.w Annear 'C; Rpt s• =�[A88A3I2f G880 Want n+_!belie 13174 f . ,l RfL �,y T��` s TflZS IliD8h U&t, node this „<5 _ Cay of Oe Lose e, 1461, ,'="+�-S i�(1 I.«.v.-N,.4 A.D., between TUE UEL.••ONA CGa.^041.:ZON, a De iA veru corporation, ..r--?,,,,'.A = t lawfully authorized to transact buninea6 in tea fixate of deride, ,. ` : aq17' 3Y=. '.> patty of the first pa:t, and COLLIER COUNTY, a political iia c �=. ? %; eubdlvieion of the State of Florida, whose mailing address is 7Oc + i ,.aj 4., A. , Collier County Courthouse, Naplea, Florida, 33942, the party or the second port— WI!, ETTERSEETE �1�': .� That the partyo£ the fleet= part, for and is conaideretion o a•. ,A.M - of the euro of TSN DOLLARS AliP OTHER 4000 AND VA LUAh X. L o •Ly ,Vii ^l CONSIDEAATION, to it in hand paid by rho said party of the second C7 ar. rn tea„ pact, the receipt whereof,is hereby acknowledged, nae granted, !.-475 !teY ,1:,: bargained and sold to the said party of the second part, its f '� 1�C X.4,'1s,,:..g.. suaceeL..•re and assigns forever, the following deetr16.d land s;•� [ '1:4: : •• Situate, lying and being to the County of Collier and State of 1.12; •;,. Florida, to-wits t+ � TWAT d T PART OP;s ..•,f, •'.ii CM1. 4.' , k TRACT •a- OF nARCO nEaCn MIT red, according ;y to the pint thereof, as recorded in Plat Nook t... s. Pages 74 ticough 79 locloaive of the Public e'^u: .+:ryry§v. Records of Colllar County, Florida and being Ve t more particularly described 43 followas a#r`i•tr%' Gy.r Vi t' D^GIM the Southwest corner of said Trace "0" ... :.7 for the POldT OF seolmtIH0 of the parcel. of •' $��' '7;. • land hereinafter deeeribeds said point being 40- on the easterly right-ot-ray line of ColLler 1.1' ty" ,: •t•. Court, an shove on acid plat of Mateo Beach F ;,�,�!ty''� `..J Unit Ten; tun thence N17•16'34'0 along acid .r,'.. 114F1 Hestefty right-of-May Line !or a diotance of --•„itr.i. 126.50 feet; thence leaving said Easterly +,+' r right-at-way line, E72.21'26'C for a distance `fit '�" of 704.21 feet to a point on the Eseterly •. . boundary of said Tract ePi , thence S12'25.00"N :;�w d AXPng said Eaatetly boundary for a distance of ,,1,4% 102_58 feet to the Southeast corner thereof, X;;K;;, thence run the following courses along the 4 ^, � r'j ' Southerly boundary of Bald Tract "s", beat for ••.� , a distance of 269.40 feet, thea 065.22'17-N )r�'1 /-E for a distance of 212.44 feet; thence 7S.'. '•t ' 472'21'25•i for a distance of 300.00 feet to • the Point of Peginning. '^',�' '.`,�,• Containing 4.00 acres, soca or lass. ?"11' , Yr +�. ~ ''-'141 This deed is executed aoblect to the following terms and ,-...N ' conditional y4t '? 1. Ad valorem taxon and all ssgeeenen!.r, if any, for the - i•&'; year of 1983_ ., ` 2. Existing honing and all easement•, restrictions and '" y 1:9,•: 1 60 1 :,3 s? 3. It is a aw.. :tiOn of this conveyance that the ,.. ,arty • herein deacribe9 he used only aa a boat launching area '1.'' �:- to provide public scene* to edlaeent navigable waters, o e i;.r:.`:^'. In the event the party of the second, it aUCcesaore or Z7 1'' assigns fail to use the property herein described a g 9 . .1?, '''''A boat launching area, then in that event, the party oC the !tram pact may at anytime daring the next twenty g >'' •:�>� (20) yearn. re-anter and retake the property hereini.''Y .., ,'. dee e r l be d. '' :' And the saidparty p ,�" of the first act, data hereby Lally �.�:��•- :—.,..� Nafrant the title to said land, and will defend tae acme against 1,, �-„ the lawful cle(tea of all persona whomsoever. ii 170 WITNESS weaaEOF, the said party of the firer part has �.,,+ caused these presauta to be signed in its name by its authorised .' ;V} officers and its corpeeete seal to be affixed the and year above :_ etitten- -o O 3lgned, sealed and delivered in TU G^GNA CORPORA ..,..1...+'s" M '1`- :i Ali, the presence Of, 1....;:*.---.l. '"..•,-......_.+-_-...S, ..,--\--......-..S-----i-1 ayra , , etr. rn r{ t ,.r 1, .. Ir1n i . President--�� ^? n n 1 ,rl ;r'-,:' ' '~' ��*w.1rn.Vo.^.-�'r` ATTEST _--rfr/YF • - '� 1.. ...- te•Secretars ste— l':.-. ;y STATE: OP FLORIDA ) �'4.;.=" tie.2=_i COUNTY OF DADE 1 i'i:_ I =RORY CERTIFY, that on thin - `�._ day of October, 1983 '`.t befOrs me personally appeared FRANK ACaL6, Iii and MICDGLLE =t'.. R. GARRZS, President and Corporate evcietary respectively, of TNR ':,+;.,: '7',.? DSDTOtfA CORPORATION, a corporation under the laws of the Pt-ate fo -= "iRDelayers. authorised to transact business in the State Of '_f^'3 4'1"F Ploride, to we known to be the pocoons who signed the fateeoln9 • ,,'`s instrument en such officers had ackno'ledged the execution -,,,.d;: i"- thereof to be their free Acta and deeds as such otficarn for the .; ^i �; coos end pucposea therein mentioaad and that they affixed thereto .11. the official seal of acid corporation. and that Said Instrument - .i. s... . , le the act and deed of said corporation. .''.�.: NiTtSSS lay hand and official seal at Miami, in the County ,pt `g',�r.' Lade and stats of Florida. the day and year last aforesaid. .vi '^ = If Ij• im'.y F c, y' ja5. ;. T,'' Florida, at - ls+= ': F) ' � 7s. a✓c '. rJ + tty CoeaieSion expiresc : a �a: 4 -0•'' +w. Koval runeG Own Co:I AT WAX V 4 � � loon rervoic:oa ena et entre nue re .? .sit • lon MMle-.:H'.,stMa-loan,ewa}r6t �:. •« -4,.:J.tRrcetved 3 "'5 r.•j�'-= y7:% r; Dr_umentory Stone.)'rex Cr�7l Collier County,Flnrido :'?r:• - VEt) lig;:t;: William J.Reagan,Clerk .:: b3' a..y�c..�wjD D• •4-.tit; .A. 2202 :IY.: • ti D.E.r.- - ;:th District 2414Rigila Attachment B Page 15 of 15 Sovereignty Submerged Lands Lease No. 110534215 (-1 W a ' r) c • CO • tw -, =- Coeat els o U v �' a � > Ft. o •-- U c 5 w •v. � Cr, .-•o U d Z 14, O N _C C � O E _M DC7 > o�i a U CO N M J A d h U. M_•,I t •uY3d c y O N f t. r QO 7 , f,(-) m .1 4 ;•` ti 1601 �`OP DEVARr4, FLORIDA DEPARTMENT OF Ron Gosemos ° Environmental Protection Jeanette Nunez c Lt.Governor �''o+4. 4.` Marjory Stoneman Douglas Building Noah Valensteln •ENrAL va 3900 Commonwealth Boulevard Secretary Tallahassee,FL 32399 January 24, 2020 Collier County Attn: Ms. Ann Jennejohn 3299 Tamiami Trail East, Suite 401 Naples, FL 34112 Instrument No. 110534215 Lessee: Collier County Dear Ms. Jennejohn, Enclosed is a fully executed original Lease Agreement for your records. The original Lease Agreement, at your discretion,may be recorded in the official records of the county where the site is located. If the billing agent,phone number, or fax number change, or there is a change in tax status, please notify the BUREAU OF PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION in writing within 30 days of the date of any change. Thank you for your assistance and cooperation in this matter. Should you have any questions, please contact me at 850-245-2758 or Kathy.Griffin@dep.state.fl.us. Sincerely, l� C Kathy Griffin Bureau of Public Land Administration Division of State Lands Department of Environmental Protection /kcg cc: File 16014 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,January 30, 2020 3:54 PM To: CatoeMatthew Subject: Item #16D1 (12-10-2019 BCC Meeting) Attachments: Agenda Item #16D1 (12-10-2019 BCC Meeting).pdf Hi Matt, A signed copy of the Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at Caxambas Park(Item#16D1)from the December 10, 2019 BCC Meeting, is attached for your records. The original is being kept in the records of the Board of County Commissioners. Please feel free to contact me if you have any questions. Thank you. Ann Jennejohn BMR Senior Deputy Clerk tti tit R. Clerk to the Value Adjustment Board ,...."11-` Office: 239-252-8406 31. Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County k(,Msd,� tti 3299 Tamiami Trail,Suite#401 Naples, FL 34112-5324 www.CollierClerk.com 1 16D1 This Instrument Prepared By: James Kipp Action No.38289 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BOT FILE NO. 110534215 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to Collier County,Florida,hereinafter referred to as the Lessee,the sovereignty lands described defined in 18-21.003,Florida Administrative Code,contained within the following legal description: A parcel of sovereignty submerged land in Section 20, Township 52 South,Range 26 East,in Marco Island, Collier County,Florida,containing 10754 square feet,more or less, as is more particularly described and shown on Attachment A, dated January 7,2008. TO HAVE THE USE OF the hereinabove described premises from April 6, 2018, the effective date of this lease renewal,through April 6,2023,the expiration date of this lease renewal. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate an 11-slip public docking facility(includes 1 slip for emergency fire and rescue vessel),a concrete boat ramp and fixed shore parallel fishing pier to be used exclusively for the launching and temporary mooring of recreational vessels and a Coast guard auxiliary vessel in conjunction,,::!: - park with a concessions and bait shop business,with fueling facilities,with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health,whichever agency has jurisdiction,and without liveaboards as defined in paragraph 27,as shown and conditioned in Attachment A,and the State of Florida Department of Environmental Protection Noticed General Permit No. 11-0191321-001,dated March 22,2002, and Consolidated Environmental Resource Permit No. 11-0191321-003,dated May 16,2008,incorporated herein and made a part of this lease by reference.All of the foregoing subject to the remaining conditions of this lease. [02] 1601 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee of$1,935.40, plus sales tax pursuant to Section 212.031,Florida Statutes,if applicable,within 30 days of receipt of this fully executed lease.The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection,Division of State Lands(the"Division")will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division,as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two(2)above, including the income,as defined in subsection 18-21.003(31),Florida Administrative Code,derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent(6%)of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011,Florida Administrative Code,for any lease year during the term of this lease,the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third .::::ii ::::de a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party,the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder.(C)The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor.Any breach of this lease condition shall constitute a default under this lease. 4. LATE FEE ASSESSMENTS:The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date.This assessment shall be computed at the rate of twelve percent (12%)per annum,calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease,the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours,the books,records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two(2)above. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i)the gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure,maintain and keep all records for the entire term of this lease plus three(3)additional years. This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the permit(s)referenced in paragraph 1 of this lease. The Lessee shall not (i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential, from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable,the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. Page 2 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,or the use thereof,may be purchased,sold,or re-sold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3Xb),Florida Administrative Code,in the riparian upland property that is more particularly described in Attachment 13 and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease,this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease,the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. Both Lessee and Lessor are subject to the provision of Section 768.28,Florida Statutes. 12. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address: Collier County,Florida 3299 Tamiami Trail East,Suite 303 Naples,Florida 34112 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 14. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Page 3 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 16. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 17. ENFORCEMENT OF PROVISIONS: No failure,or successive failures, on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not removz equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. Page 4 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 23. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized by this tease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. 24. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures,fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this lease. 25. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged lands. 26. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 27. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five(5)consecutive days or a total often(10)days within a thirty(30)day period. If liveaboards are authorized by paragraph one(1)of this lease,in no event shall such"liveaboard"status exceed six(6)months within any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. 28. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 29. FINANCIAL CAPABILITY:To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease,the Lessee certifies to the Lessor as follows: (i)the Lessee is not the subject of a pending bankruptcy proceeding that would prohibit the Lessee from paying its lease fees,on or before the due date,with or without,as applicable, approval from the bankruptcy court or, if appointed, the bankruptcy trustee; (ii) the Lessee has no unsatisfied judgments entered against it that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease;(iii)the Lessee has no delinquent state and local taxes for which it is responsible and that remain outstanding and not in dispute;and(iv)to the best of the Lessee's knowledge,there are no other matters pending or threatened against or affecting the Lessee or the Lessee's interest in the riparian upland property that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease. Any breach of this lease condition shall constitute a default under this lease. Page 5 of 15 Sovereignty Submerged Lands Lease No. 110534215 X691 30. SPECIAL LEASE CONDITIONS: A. Within 30 days after the completion of construction of the docking facility,Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation.Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and shall be required to replace the signs in the event they become faded,damaged or outdated.Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures.The number,type,and procedure for installation of these signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission,Imperiled Species Management Section, 620 S. Meridian Street-6A,Tallahassee,Florida 32399- 1600(Phone 850/922-4330). B. Any vessel moored at the docking facility, on either a temporary or pennanent basis,shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors,bow pulpits,and swim platforms. C. The Lessee shall prohibit mooring,on either a temporary or permanent basis,to the waterward face of the fishing pier along the east shoreline of the site.To ensure compliance,the Lessee shall place and maintain,during the term of this lease and any other subsequent renewal periods:(1)a guard and intermediate rail(s)consistent with the state or local building code(s)or a 4-foot high railing and 2-foot high intermediate railing along the easterly and southerly waterward boundaries of the structure; and (2) signs advising boaters that mooring at the above described locations, on either a temporary or permanent basis, is prohibited. D. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 and 328, Florida Statutes,or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. [Remainder of page intentionally left blank;Signature page follows] Page 6 of 15 Sovereignty Submerged Lands Lease No. 110534215 16D1 IN WITNESS WHEREOF,the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST F a OF THE STATE OF FLO' IDA Original 'gnature t_iPPP...„. (SEAL) ------re: / . g• __Z),S S BY: 11 Prin y'- ame of W.•ess Brad Richardson, eNer I c• • Bureau of Public Land Administration,Division of State `�-- 'l_,Li11%i Lands,State of Florida Department of Environmental err. Protection,as agent for and on behalf of the Board of k/ - Trustees of the Internal Improvement Trust Fund of the .■ilV State of Florida Print/Type Name,f Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoin i s nt was acknowledged befotttit•V re me this(v day of ,20 by Brad Richardson, Bureau of Public Land Administr n, Division of State Lands, State of Florida Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He=-rs.nally•.wn to me Tur..06.. .;1 O® 11/5/2019VED SUM T TO PROPER EXECUTION: / 4Gary Publi ,S :to of Florida yam J DEP Attorney Date Printed,Typed or Stamper{Np9'fr - r�ma ow ' KATHY C.GRIFFIN My Commission Expires my COMMISSION#GG 927461 =:;;-' - / EXPIRES:November 27,2023 f O""•O',Bonded Thni Nagy POW'y y Commission/Serial No. � i' Page 7 of 15 Sovereignty Submerged Lands Lease No. 110534215 1 601 i WITNESSES: Co '-r o A Floris., AilM' EAL By itsf County C•4 missio frd �i WM Original) riginal ignature 0 9.-Z,X..."Str-_g.-) ''&3:g BY: IF s '`nal Signature of ExecutinguMfk'ty `�` ,...A"\ e-r---1/4. William L.McDaniel.Jr. Typed/Printed Name of Witness Typed/Printed Name of Executing Authority /, II ta i - 41? Chairman Ori."' a Signature Title of Executing Authority . e 1CO, 01- - e5 Typed/Printed Name of Witness "LESSEE" STATE OF fib-1 COUNTY OF VJ L I t QIP The foregoing instrument was acknowledged before me this ` day of\ Ctn0.0, ,20pk), by William L. McDaniel. Jr as Chairman, for and on behalf of the Board of County Commissioners of Collier County. He is personally known to me or who has produced ,as identification. My Commission Expires:` C. L 111. tJake Si ture of Notary Public ,Sw 1k_ 1 �0��.` Notary Public,State of F/or 1(IQ r V , e,sst cct OA- FiaiUke,5 Commission/Serial No. u s^ 'r 4^''"'" ed Nam rii JESSICA M.HAYES 71 , ACommission#GG 000215 :::,:f .. N�Expires June 7 2020 e-`~�� r e7 •.,O;,;'�'' Bonded ihruTroy Fran Insurance 800485-7019 ATTE,t, CRY 1'AI1 1 iZE .,eL RK BY: I ._ r l � • Q'C Attesf as t4 Ch 11, natureon eow, pproved as to.fdi'm and legality 0Aii012PVA-114. — Assisuut County Attorney Page 8 of 15 Sovereignty Submerged Lands Lease No. 110534215 160 ..� t � X _vaNeS Ave lti area - " h $ Yrs a 3 • _ - f� 4 L :.. '^ r Stti�BtS 1 r a c Vitt. r � - r M1• • Attachment A Page 9 of 15 Sovereignty Submerged Lands Lease No. 110534215 . I60l s:\asass it Q atellil a _ii �ozr3)' UA _ l$ IA 4, ntivirpouppltiv ,, 0 P - ) 0 co ti CI ° A tti i OA -s t s-. -... 7, s $is heilititE440 4103 /1 W. a .� ' $� Ii 11 ° °1 "Mtiitt4111410"4144 i IP to. r. baa slit ii � "Attss. _ .4� r+c vC) z ` m �g#a t 111%"Itti Is ai �`y o'er rr,, ,....... I 2_,..strii, .--4giv I zit;11.-a ' 1* 2n " 44411 11`1 esst -" i 1' 1.- -Pitt ct N __+ Tis l i 41W 4 , r,,,, %HJ ii tn (en 9 co 13 0 = ,-70 VI% ,. r rrl or---4 rn (f, i{. 1 cit. g X V�?#5 g r a� Gn 1-4 N fr.... �• 44iti 0 03 GI I. i;wt r si` . 1 - 040411, ! AK 170 il lAt 't 9 i IX 1. ..'.4 ` - : ' ‘. .-".-‘4.''1-7."" e'r".' It ( ;j "� �R_ roti rsiotsit% 4 0 is ,1 /1/.10 Ito $ 5 1 A�'r— t\` 4 %%ill 11% Pi ' rist, 1 S - litao Vii P3 i g I ly" 1 tt1e7 a jo.J .. ..._.xf- Rot r---e___e--,„_ sr'? g- till 1 ,u, 4 it - 1 Attachment A Page 10 of 1 Submerged Lands Lease No.110534215 ' Soveceignh' s�•r �0 .- sem` _,,.6p° n c S 03a t qiiPtil ' st WI �a v4 i Y ai �rj *cilli s a $ ' illi 4 is Vial Stislil Vittilatt ltillin Ix a i V Ali%i�S Its t° ► 10=IWTI;IstittiTAI ' 1l 8 ' 1 4 ck tst q, '1p41 0 Q 11 Alkila‘ InitiVr CI *"..''' 2"(\-, S s-ts 4 t tg e.9-4 '0.1,nit t V i s‘14 VI g 0518 s; y 1 o t°1111% 4 Al s ea ii SII '4 , cl rA (1) lial / IP W Vsi it 1 Itt-ittl trgk �, ,oca vlott ivt % d m ¢ i. � �i �° (`y ,c o‘ 1.2.19.1T gt� ,2 . . .4 J N .,9,,,,,o,1504.-4.11,14,..,,,,,..„‘ ,,i,!,4 ii,...tirilt ive71-4v-ta. , ,„ ,itriwillt A-81.4 . , w ,i- u,,,,,,, .... tilttol 1044- to- -sys- I.% Q N�wiittk -;1... ; Qes7i ' �:• . �.$ b�3'S lik titet rta,,,o.A Leas e ,105342 5 A age>>o SUbmetged Lands l _ 4—sm. + — Zo ___i__ =44.11... A ..� nr,„,„,.:,......r.,.. \,..„. PPR;ItiVetit a4 '` • I vt-:4 .. ....i., _..t # t� • L.- . raw/ /.4 P 0 kvisitziki _ ,c, • .,.. . if a ,rA .1434 44 ��,� aft '`fit, d " ! g .11 b� "A$1.4 k lik • al ta .1% , , , , _ � // . it 0.c, v. t it IA . oa i / v..I, (7, tit ii d ,..:01111,4 :i -v.v. 4 2 fi ; 11 I r©� R ..li` Quar r„1r rt in / -41 At X. pocrivas war 'II1 g / ill3 ,;,t 0 .. 6 iv era At s 4,4 ...""opft,h. A U i‘ a i&q; , 1 41 , f X 4110 , i '4, 90 0 '.0.. i‘t 4 ,,,,,,.. *kW Low r i d ti[kr-37' Jt t IA -2.T1:1 11"'. Iii I i:i ii%.5 s SMOKEkOUSE GEEK It .01t iiii ArtaOwent 5 LA. ands Lease N°.110534215 page 12 0f 1 subcaeCged Sovetelgtu, 1601 01111=0.1 •1111•11101* - 3\20000730\2005M33 ads Aerie Ac Aft 07,2001 - xrun» 1 i 1 \ \ A Il1 K Y f Ai tr. l i II 11 ) . rrt `---4 ' c_l i/ 11 1 , $1 f Q - m eg ` ,: if A 44 z11.t '41 CI r /"' lit i CAXAM9AS PASS iir 1, 11.5,. baodTr l t . yr, • s IgOilo —) •• I :{ 'rtm ,-2310.8 ris 32 Es • iillilrilli I 11 i Iii i -, c -.,.. It 1) 16 -, ill/ Tit if P Se V ii, b ., . : ii ......._ r ry ' 4 10 1115k Tit I U -712 W int Attachment A Page 13 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 .,wa wa,wrauwt a<.oal.e as _ 4 U tl J 9!?'S l�'31A3r ' RA ?61 IMAM�.v .--coK. cp- • eft." GOUMTY R 6�,.._c c aim Awmve Ar1MO w;�ris.i8a,ra :. ', 7515 15D3$TUAS. and. this /G bay of October, 1lsir 7 A.D., between iS'R 98u1'ON�I CokY0Yi.5ZO1E, a galava+a corporation, '„r'' RV lawfully authorised to transept beslneas in the scats of Piacida. C5 n { . ~1f>; party of the first pact, and COLLISR cOUSTY. a Political CD ® `'.'t' n- subdivision of the Stet* of Florida, whose sailing nadreas le 7S m " •..^_ Collier County Courthouse. angles. Piorida, 33942. the party of i. s 'is , the second pert. WTThassa1I 4 .. "; ghat the party of the first part, for and is consideration p.; of the salts of 4!N DOLtAii AND OTyrk GOOD AND VAt.UARLR ��s �. COOGIGGINMOS, to it In hand paid by tilts laid party of the ascond ref M ;:. part. the canaiyt whoreof.la hereby esknowiedyad. ear granted, bargained and sold to the said party of the soeoad part. its • •daeent..srs and assigns forme. the toiiawing descrlbad land 4:, *matte, lacing sod befog In Om Cotraty of Collies and Stele of yK Florida. to-wit 1Li.5 J4; TEAT PRAT 014qr;? TRACT 'e' OF IRAM'CO MAC* Olt? TROs according 4+3 . to the pint thereof, as reoordsd in Plat Soots 1. Sagas 74 through 79 irlciva ve of the Public ,'` Aleprdi of Co13ist Gouty. Florida and being more perticulacly described as follows' ,;.,. BRCIN the 4outhwaet corner of said Tract "h" �* for this POIDT OF hsolosanA of the parcel of 1 ,.. land beceinaftat dearribeds said point being ,- on the Easterly tight-of-way line of toiLiec Court. es shown on maid plat of Dates hooch •` "'nit Tens run thence N1 3S'34'1 along said ri ltetariy rightw!-say Line ler a dioramas of ' 32d.S5 feet, these* leaving said castor/1 right-ct-way line, $72s21.24as for a distant* of 744.21 test to a point on the easterly it, boundary of wild Treat "flat thence 812`25'00"8 t' • elaue said Masterly boundary for a diatanoe of .y 151. s foot to the doutbeaat cocnet thereof, li thence ruts the follow ay guarana aloap the y f Southerly Laoniaty of acid Stoat "Sw Mast for :, a distance of 213.00 feet* thee Yieatei3'17"V fol a .distance of 212.44 feet" thence 573`3"1.25' tee a IIa%*awi of 100.00 last to , :- the Point of Segieaisg. r Containing 4.00 agree. sere or loss. This deed in executed *ablaut to the fallowing terse ate . �•-i` conditiohas ''. ; ^1_ - 1. hd re brei as and all aasasss nalr if ANY, for the me{ year 1. sainting nosing and ail sasaaeatl. restriction! and reservations of reword. T . JAN •,:,./.:,E, �' D.E.F. - te D - syr 7 -1414410t Attachment B Page 14 of 15 Sovereignty Submerged Lands Lease No. 110534215 1601 ' _' 3. It is a coc.. :tion of this conveyance that the r- Tarty herein described be used only as a boat launenieg arse - to provide public amass to olleeent navigable waters. e ;4, X, Is. the wast the party of the second, it successors er It . aaaipos fail to use the property herein described * m t . tleg est*. then is that assht. the party of e,, tire* part any et *Motifs, dating the seat twenty e.7.,i (zei yeses. re-enter sad retake the property berets eo V ,, r described: i.' had the amid pasty o; the first part, doe* hereby fully d *arrant the titbit to said lead, end will **pond the same against .�" the lnrfel dates o[ a1l ptsaone rhoneeeVer. i • 7.' Is Mane vahialOP, the said party of the !lest part has i c usuaed these peas me to he signed in its name by its authorised nY .;#, „,4, scl bra and Lta corporate seal ae e affixed brtfi8 edea and year shone o. 1 ' -e a s:'. N A s e. + ' rr eigssd, sealed wad delivered in . h.'POs* cO*Pook '': "' dr the pressen** eft a .--.41. o ► 4.0 -C t t� `A �+Re ILY VP -:ti• c.: / PresideniL..--•J f •� . Z nt.ki. Corporate Secretary flea OP PLOR1oA ) r:• ▪ -.4 TY OF AADS } it{.:..'•a , ': I OV*UY CaaT3yr, that on tater day of October. 29101 Were' es Personally appeared ram *s xi; and NienatES :':ti,.. R. 04$10f&, Yresidewt and Corporate ***rotary respectively. of Tee l,' . mtLT CORPORATZia, a corporation under the %era of the State to -- *F florid*.*to*are k ea to orised be transact e persons whoass in*Weed the farseeing e State of " ' instranept sow such offioar. had ackaov1adgrd the esesetion :? thereof to be their tree acts and deeds as snob °Ulcers for the ,,A, *see aid poeprre'a therein eentioaad and that tatty *flitted thereto •;r the Ott fv7l i seat of said oorpotatiaa. and that said Lnetrasent ? _ is the ant and deed of said cocperatioa. ".' M!TMYSS-ay hand and official coal at Miami, in the County SIE ,.Ouch and Slate of Pier/ea. the day sad }ear last aforesaid. . ,' u r �1t '.•r'►1sa Y tom'.. •F.' . . e. s ivli_ J ..;- ;!. : . Florida. ■t' a . t..-.1. , s e: , ' ay Coa*isalen axpi cer c 446'' •. t �' -- ,.,. adtassire 0400 00064 At NIDI t�� . ' i,1' .�l 10 404000004 OHM Mir a Net by ry T ,w.y 1 Rnrri.tid$ .lege, I r«Sir y .. Oucumsntory 5Mm0 Tax Florida 1 V D :" Wil m J.o` a i?.Q S` J. : V Li ►' _ A. 2002 .:L D.E.T._ :tet District Attachment B Page 15 of 15 Sovereignty Submerged Lands Lease No. 110534215