Agenda 09/09-10/2008 Item #16D47
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Recommendation to approve a Sovereignty Submerged Lands Lease Renewal and Modification
Agreement with the Board of Trustees of the Internal improvement Trust Fund of the State of
Florida at an increased first year’s rent of $1,168.11
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Prepared By:
Department
Coastal Zone Mgmt.
Date
8/27/20084:31 :04 PM
Approved By:
Department Approval
Public Services Approved
Date
8/28/2008 5:28 PM
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Approved By:
Department
Office of
Management
and Budget
Approval
Date
Approved
8/28/2008 7:46 PM
Approved By:
Department
Approval
Date
County
Manager's Office Approved
8/29/200812:59 PM
ATTACHMENTS:
Name:
Description;
Type:
C .SQvB(gjgnly.SutLmerge.d
Lanq~_QJjntdJlj;
D C.ax.mbu>-~,-ubJDgrgeg A t
Land AQreement 11 0534215.Ddt greemen
Executive Summary
Executive Summary
Cover Memo
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EXECUTIVE SUMMARY
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Recommendation to approve a Sovereignty Submerged Lands Lease Renewai
and Modification Agreement with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Fiorida at an increased first year's rent of
$1,168.11.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to execute
a Sovereignty Submerged Lands Lease Renewal and Modification Agreement with the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida regarding Caxambas
Park.
CONSIDERATIONS: In April 1993, the Board entered into a Sovereign Submerged Land
Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
(State) for 4,272 square feet of submerged land abutting Caxambus Park (Park). This Lease
was required in order to construct and operate a concrete boat ramp, a four-slip docking facility
and a marginal dock for launching and temporarily moored recreational and Coast Guard
Auxiliary vessels at the Park.
At this time, the County's Parks and Recreation Department would like to expand its facility at
the Park by adding eleven slips, which includes one (1) slip for an emergency fire and rescue
vessel. The additional square footage is 6,482 combined with the existing square footage of
4,272 square feet, will result in a total square footage of 10,754, The annual fee for the
additional square footage will be $1,168.11.
The renewal term contained in the attached Agreement will extend to April 6, 2013. All other
terms and conditions in the Renewal and Modification Agreement are the same as those in the
original Agreement.
The attached Renewal and Modification Agreement has been reviewed by the Office of the
County Attorney, the Parks and Recreation Department and Coasting Zone Management
Department.
FISCAL IMPACT: The annual lease fee of $1,168.11, for the additional square footage, shall
be withdrawn from 001-156364-649010.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSiDERATIONS: The attached Sovereignty Submerged Lands Lease Renewal and
Modification Agreement with the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida has been reviewed and approved by the Office of the County Attorney for
legal sufficiency. - CG
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached Sovereignly Submerged Lands Lease Renewal and
Modification Agreement with the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida.
PREPARED BY: Michael Dowling, Sr, Properly Management Specialist, Real Estate Services,
Facilities Management Department
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This lnstl1lment Prepared By:
Dana Marcum
Recuning Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF TIlE INTERNAL IMPROVEMENT TRUST FUND
OF mE STATE OFFLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND
MODIFICATION TO INCREASE SQUARE FOOTAGE
AND TO ADD SPECIAL LEASE CONDITIONS
Nn. 1l05342I5
PA No. 11-0191321-003
nUs LEASE is hereby issued by the Board of Trustees oCtile Internallmprovement Trust FUnd of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment ofth~ annual lease fees hereinafter provided and the
faithful and timely perfonnance 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 as follows:
A parcel' of sovereignty submerged land in Section fQ,
Township ~ Range 26 Eas!, in Caxambas Pass,
Collier County, containing 10.754 square feet, more
or less, as is more particularly described and shown on
Attachment A, dated Januarv 7. 2008.
TO HA VB TIlE USE OF the hereinabove described premises from Mav 16.2008 the effective date of this modified
lease renewal, through Aoril6 2013 the expiration date of this modified lease renewal. The tenus and conditions on and for
which this lease is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate an II-sliD dockino- facilitv
{includes I sliD for etnerli!eDCV fire and rescue vessell a concrete boat ramo and fixed shore oarallel fishio2 cier exclusively to be
used for launchin2 and temnorarv moorim!: ofrecreationaJ vessels and a Coa1;t Guard auxiliarv vessel in conjunction with an
upland Dark. concessions and bait shoo business. with fueling facilities, with a sewage pumpout facility if it meets the regulatory
requirements of the State of Florida DepBrtment of Envirownental Protection or local authority, whichever entity applies the
more stringent criteria, and without Iiveaboards as defined in paragraph 29. as shown and conditioned in Attachment A, and
the State of Florida Department of Environmental Protection, Noticed General Permit NO.1 I ~O 191321-001 dated March 22
2002. and Consolidated Envirownental Resource Permit No. II ~0191321.003. dated Mav 16. 2008 incorporated herein and
made a part of this lease by reference. All of the foregoing subject to the remaining conditions ofWs Lease.
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annualIease fee for the expanded area
(6.482 square feet) ofS 943.49. plus 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Statutes, if
applicable, within 30 days of receipt of this fully executed modified lease. The annual fee for the remaining years of the lease for
the entire lease area (10 754 square feet) shall be adjusted pW"Suatlt to provisions of Section 18-21.011, Florida Administrative
Code. The Division of State Lands will notify the Lessee in writing of the amount and the due date of the annual payment.
The lease fee shall be remitted annually to the Division of State Lands as the agent for the Lessor, beginning with the effective
and due date oflhis lease, and each year thereafter until the term of this lease terminates or expires.
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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(28), 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 scnd the Lessee a supplemental invoice for the difference in tbe
amoWlts 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 leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/userlholder that if
the wet slip renter/userlholder 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/userlholder.
4. LATE FEE ASSESSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent
(12%) per annum from the due date until paid on any lease fees due hereunder which are not paid within 30 days of their due
dates.
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 accoWlting 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 (ill) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee sball 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 aCCOWlts 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 State of Florida Department of Environmental Protection,
Noticed General Permit and Consolidated Environmental Resource Permit. The Lessee shall not 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 loadingloffioading
commercial to rental of wet slips, etc.), shall not change activities in any manner that may have an environmental impact that
was not considered in the original authorization or regulatory permit, or shall not change the type of use of the riparian
uplands without first obtaining a regulatory permit/modified pennit, if applicable, and 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.
8. PROPERTY RJGHTS: The Lessee shall make no claim ohitle 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 fwther 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 a
leasehold or fee simple title interest in the riparian upland property and if such interest is tenninated, the lease may be
terminated atthe option of the Lessor. Prior-to sale andlor termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and aU its tenDS and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment oflhis 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 andlor
penalty assessments inclUTed prior to such act.
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Sovereignty Submerged Lands Lease No. 110534215
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10. ASSIGNMENf OF LEASE: This lease shaU 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 tenus, 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. INDEMNlFICA TJON/INVESTIGA nON OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent aetsor
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign imrmmity enjoyed by any party hereto, as provided in Section 76g28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICES/COMPLIANCEfTERMINA TION' 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, or fails or
refuses to comply with the provisions and conditions herein set forth within 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 Lessee. If canceled, all of the above-
described parcel of land shall revert to the Lessor. All costs and attorneys' fees incmred by the Lessor to enforce the
provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable
law or administrative roles shall be sufficient if sent by U.S. Mail to the following address:
Collier County, Florida
3301 Tamiami Trail East
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.
14. TAXES AND ASSESSMENTS: The Lessee shall asswne 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.
15. NUISANCES OR ILLEGAL OPERA nONS: The Lessee shall not permit the leased premises or any part
thereof to be used or occupied for any pwpose or business other than herem 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.
16. MAINTENANCE OF F AClLITY IRlGHT 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 shaU 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.
17. NON-DlSCRIMINA nON: 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. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the pl.acard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegibLe at any time during the tenn oftbis
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
18. .ENFORCEMENT OF PROVISIONS: No failw-e, or successive failures, on the part of tile 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.
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Sovereignty Submerged Lands Lease No. 110534215
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19. PERMISSION GRANTED: Upon expiration or cancel1ation oftbis lease all permission granted hereunder shall
cease and terminate.
20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option oftbe Lessor. Such renewal sball
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 Lessee is in full compliance with the terms oftills lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or currem term hereof. The term cfany renewal granted by the Lessor shall commence aD
the last day or the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shaU 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 affmnative covenant upon the riparian upland property more specifically described in Attaclunent 11 which shall run with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
21. 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 (J 0) days written notice by certified mail addressed to the Lessee at the address specified in
Paragraph 13 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 fmes.
22. REMOVAL COSTSILIEN ON RlPARlAN UPLAND PROPERTY: 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 interest of the Lessee in the riparian upland property enforceable in summary
proceedings as provided by law.
23. RECORDATION OF LEASE. The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the COWlty within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days foUowing the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. RIPARIAN RIGHTSIFINAL ADJUDICATION: In the event that any part or 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.
25. AMENDMENTSIMODIFICATIONS: 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, jf 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.
Page .-A.... of Jl.. Pages
Sovereignty Submerged Lands Lease No. 110534215
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26. ADVERTISEMENT/SIGNS/NON-W ATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIESIMINOR 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 fmes Wider Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs requited 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.
27. ACOE AUTHORIZA nON: Prior to commencement of construction andior activities authorized herein, the
Lessee shall obtain the U.S. Anny Corps of Engineers (ACOE) permit ifit is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE 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.
28. COMPLLANCE 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 tennination
of this lease by the Lessor.
29. 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. Ifliveaboards 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.
30. 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.
31. SPECIAL LEASE CONDmONS:
A. Within 30 days after Lessor's execution of this lease, Lessee shall install and display signs that provide
infonnation on the characteristics of manatees and the potential threat to this endangered species from boat operation. Lessee
shall maintain these signs during the tenn of this lease and all subsequent renewal periods and shall be required to replace the
signs in the event they become faded or damaged.. The number, type, and procedure for installation of these signs shall be in
accordance with the handout, "Pennanent Manatee 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. Lessee shall ensure that no mooring of vessels occurs outside the leased premises. All parts of all vessels moored
at the docking facility in the water or on boatlifts on a temporary or permanent basis shall at aU times be located wholly within
the leased premises. All parts of all vessels include any extensions of the vessels such as bow pulpits, dive platforms, nets,
trawl doors, outboard motors, outdrives and dinghies.
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Sovereignty Submerged Lands Lease No. 110534215
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C. The Lessee sball probibit any mooring, on either a temporary or pennanent basis, to the waterward face of the
fIshing pier along tbe east shoreline of the site. To ensure compliance, the Lessee agrees to place and maintain, during the
term of this lease and any subsequent renewal periods: (1) a guard and intermediate rail(s) consistent with 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 this structure; and (2) signs advising boaters that mooring either on 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.
Page -2- of 1-1- Pages
Sovereignty Submerged Lands Lease No.II 0534215
WITNESSES:
i;
BOARD OF TRUSTEES OF THE INTERNAL ~
IMPROVEMENT TRUST FUND OF THE STA~
OFFLORIDA
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Original Signature
PrintfI'ype Name of Witness
BY:
Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau.ofPublic Land Administration,
Division of State Lands, State of Florida Department of
Environmental Protection, as agent for and on behalf oftbe Board
of Trustees of the Intemal Improvement Trust Fund of the State
of Florida
Original Signature
Print/Type Name of Witness
"LESSOR"
STATEaFFLORIDA
COUNTY OF LEON
The foregoing instrwnent was acknowledged before me this _ day of .20----> by
Jefferv M. Gentrv Ooerations and Mft1Ul2'eDlCnt Consultant Manll2er. Bureau of Public Land Administration.. Division of State
Lanrh:. State of Florida Deoartment of Environmental Protection. as aszcnt fur and on behalf of the Board of Trustees of the
Inteinal Imofovement Trust Fund of the State ofFlorlda. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed. Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
WITNESSES:
Collier County Florida
By its Board aCCounty Commissioners
(SEAL)
BY:
Original Signature of Executing Authority
Original Sigoature
Tom Hennin~
TypedlPrintedName of Executing Authority
TypedlPrinted Name of Witness
Chairman
Title of Executing Authority
Original Signature
TypedlPrinted Name of Witness
"LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of 20-, by
Tom Henninl! as Chairman. for and OD behalf of the Board of County CommissioDers or Collier County. Florida. He is personally
known to me or who has produced as identification.
My Commission Expires:
Signature of Notary Public
Notary Public, State of
Commission/Serial No.
Printed, Typed or Stamped Name
Page ~ of.ll. Pages
Sovereignty Submerged Land Lease No. 110534215
Approved B$ to form & legal sufficiency
~~
Colleen Greene,
Assistant County "homev
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CIlW1R COUNTY
19~3 NO\l ., lM 2: lj2
REl.l.l.....c:WARBAN'r'f Dlum
Thlt Instrument prepared by:-
WlLUAM I. L" -"""'-C:ON, Esq.
3250 S. W. Avenue
Mllm': FlOrJda Ja}39
~l.'- ~ --H
,W ~ THIS INDENTURE, made this ,/<:J:':::"
A.D., between THE DELTONA. CORpORATION.
day of October, 19-83,
a Delaware corporation,
lawfully authorized to transact ~usiness in the State of Florida,
party of t.he first part., and COLLIER COUNTY, a political
8ubdivls1on of tbe State of Florida, whose mailing addcess is
Collier County Courthouse, Naples, Flol:lda, 33942, the party of
the second part.
WITRBSSZT&
That the party of the first; part, for and in consideration
of th(! BUill of TEN DOLLARS AND OTHER GOOD AND VALUABLE:
CONSIDERATION, to it in hand paid by the said party of the second
part, the receipt whereof. is hereby acknowledged, has granted.,
bargained and sold to the said party of the second part, its
succe8~;~f8 and assigns forever. the following described land
situate, lying and being in th. County of Collier and State of
Florida, to-wit:
THAT PART OF:
,I
TRACT "B" OF KAReO BEACH UNIT TEN, according
to the plat thereof, Bsrecorded in Plat Book
6. Pages 74 througb 79 lqclusive of tbe Public
Records of Collier County. Florida and being
more particularlY described as folJowar
Br:GIN the o;outhwest corner of Baid Tract "B"
for the POINT OF BBGINNING of the parcel of
land hereinafter de.cribed, said point being
on the li:aaterly rigbt-of-way line of Collier
Court. as shown on said plat of Marco Beach
Unit Ten1 run thence NI7"3B'34"S alOng Baid
Easterly right-of-way Hne for a distance of
326.58 feet, t.hence l,eaving said Easterly
right-of-way line, 572-21' 2C"E for a distance
of 104.21 feet to a point on the Easterly
boundary of said Tract "8", thence S12-25'OO"W
along saId Easte~ly boundary for a distance of
102.58 feet to the SOUtheast corner there'Of,
thence run the followin9 courses along tbe
Southerly boundary of 8.id Tract "B~, West for
a distance of 269.00 f,eet; t.hen S6S"22' l7"w
for a dist.ance of 212.44 feet: thence
N72-21'2S"W for a distance of 300.00 feet t.o
t.he Point at' Beginning. '
Containing 4.00 acres, more or leas.
This deed 18 executed Subject to tbe following: terms and
eondit.ion~u
1-. All valoreill ta:ltes and all asseSSMents, if any, for the
year of 1983.
2. Eziating zoning and all easements, restrictions and
re..rvatlons of record.
Attachment B
Page 12 of 13 Pages
SSLL No. 110534215
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3.
It is a cor.. _tion of this conveyance that the th ....erty
berein deBcribe1 b~ used only aa a boat launching area
to provide public aCC8SS to adjacent navigable waters.
In tbe event the party of the second, it. successors or
a..lgns fail to use the property herein described a
boat launching area, then in that event, the party of
the first part may at anytime during the next twenty
(20) years, Ie-enter and retake the property herein
described.
And the slJ,ld party of the flest part, does hereby fully
warrant the title to said land, and will defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said partY'of the first part has
caused theBe presents to be signecl in its name by its authorized
offi~ers and its corporatl!! selll to b~ affixed the and year above c:J
written~ I 0
Signod, Boalo. and deli.e,ed in THe DSLTOHA CORPORA:~~~ ~ ;
--=-P~:SO:B ~~ Ry)>'~,~~~~;J ~
F . MACKLE, III, ~,.,--\.~ <~.f ,
~ '-"._".:',.<"~..'
2p..-!~,y-/.-4-- ATTEST, ~~..
~ R. GA IS
Corporate Secretary
STATE OF FLORIDA
COORT! OF DADE
I BEREBY CER'l'IFl'. tbat on this 25?l:- day of October, 1983.
before lIle personally appeared FRANK 8. MACKLE, III and MICBELLE
~ GARBIS, President and Corporate Secretary respectively, of '1'88
DELTONA CORPORATION, a corporation under the laws of the State fo
DelaWare. authorized to transact business in t!'le State of
Florida, to me known to be the persona who signed tbe foregoIng
insta::ument as auch offi~erSl t1ad sckno~ledged the execution
thea::eof to be theia:: free acts and deeds as such officers for the
uses and purposes therein mentioned-and that they affixed thereto
the official seal of said corporation. and t:.hat said instrument
is the act and deed of said corporation.
WITNESS my hlln~ and official seal at Miami,
Dade and State of Florida, the day and zear last
My Commission Expires:
NOTAl'1'08llC STATE Ofnm:DA, A,T ~
MY a;w.MIUION EXf'IIS .o.uo IS 11'84
100000THlUJGl"-;IA~INS.UNIlf~I1US
Received $ .~
Do<:umentary Stomp Tax
Collier County, Florida
William J. Reagan, Clerk
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D.C.
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Attachment 8
Page 13 of 13 Pages
SSLL No. 110534215
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BILLING INFORMATION FORM
PAYMENTSFORLEASENO.IID53'1.::1I.5
Billing Contact Person:
Street Address:
Post Office Box:
City:
State:
Zip Code:
Telephone Number: ( )
Area Code
Fax Number: ( )
Area Code
E-Mail Address:
SALES TAX CEll.TIFICA TIONIEXEMPTION
Six percent (6%) sales tax is due on each lease fee payment wllcss the Lessee can claim an ownership exemptipn.
YWe are exempt from sales lax for the reason checked below.
Government Agency:
(Exemption Number)
Eltempl Organit.ation:
(Exemption Number)
Lease and collect sales tax on 1ill available dock spaces.
(Sales Tax Number)
Lease and collect sales tax on!Qlm available dock spaces but fully assume the responsibility to remit six
percent salcs tax on that portion of space on which no sales laX is charged.
(Sales Tax Number)
None of the above can be claimed.
A copy of tbe Florida Annual Resale Certificate For Sales To: or the CertiOcale of Exemption must
accompany this [OCID to claim thls exemption PUl'5l18.Dt to Section 212.07(1)(bl. F.S.
If Lessee is a BusinesslCorpoIBtion, Federal Employer Identification
Number:
UWe certify lhat lite above informa.tion is correct and agree to NOTIFY THE BUREAU OF PUBLIC LAND
ADMINISTRATION'S ACCOUNTING SECTION AT (850) 245.2720 ",lIbln 30 days of lbe dale or aoy
change in the ahovedesignated b1lliug 8~ent, phone number, Cn nwnbec DC Lessee', tax Btatu&.
Signed:
LesseelAulborlzed Entity
Dale