Okaloosa County BOCC — January 21, 2014 — H - FDEP Submerged Land Lease (2 of 2) — reading text

· "';,' Instr # 2737285 BK: 3007 PG :1 070 ,Page 1 of 25 Recorded 10/27/2011 at 08:17 AM , RECORDING : $114.00 RECORDING ARTICLE V: $100.00 DEPUTY CLERK MSMITH DON W . HOWARD.CLERK OF COURTS. OKALOOSA COUNTY. FL This Instrument Prepared By: Athena Baerga Recurring Revenue Section Bureau of Public Land Administration 3900 Conunonwealth 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 BOT FILE NO. 460339001 PA NO. 46-0196257-003-DF THIS LEASE is hereby issued by the Board of Trustees of the Intemal 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 helcby lease to Destin West Marina, LLC, a Florida limited liability company, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in unsectiona I izecl, Township 02 South, Range £.4 West, in Choctawhatchee Bay, Okaloosa County, containing 25,335 square feet, more or less , as is more particularly described ancl shown on Attachment A, dated September 10, 2010. TO HAVE THE USE OF the hereinabove described premises for a period of 2. years from April 25, 2011, the effective date of this lease. 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 construct and operate a 29-slip clocking facility exclusively to be used for mooring of recreational vessels in conjunction with an upland condominium d~veJopl11ent, without 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 withou~ liveaboards as defined in paragraph 28 as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Consolidated Wetland Resource Pertnit No. 46-0 196257-003-DF, dated April 25, 20 II, incorporated herein and made a part of this lease by reference . The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the tirst 5 years of the initial term if the initial term is for a period greater than 5 years. The failme to complete the construction of all authorized structures within this time period shall constitute a material breach ofthe lease causing the lease to automatically terminate upon the expiration of the initial term or 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remainiIlg conditions of this lease. 2 . LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lea se fee of $3,968.00 and 25 percent surcharge, plus sales tax pursuant to Section 212.031, Florida Stahltes, if applicable, within 30 da ys of rece ipt of this fully executed lease. The Lessee further agrees to pay to the Lessor a one-time premium fee of $11,904.12 upon the date of l·p.(~p. ;nt flfthp l11V()l rp ~ nrl nt"in,. tn l'p rp int nfth p fl1lh, Pypr 1l1"p d l p~ l",. p 'Th p ~ nll\1 ""ll fp~ +,,"\1" thp I'P I-,,\"' ~ ;I"I;I"lT ' J""~ I'C' ,....r 1h;c.' l PQc,-,. ,,1"1<:'111 ·, ,: , 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 Adminislntive Code, derived directly or indirectly fr0111 the use of sovereignty submerged lands on an annual basis . When six percent (6%) of said ammal income exceeds the base fee or m.i11imum 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 leased 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 instnlment 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. 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 alUlUm, calculated on a daily basis [or every day the payment is late. 5. EXANIINATION OF LESSEE'S RECORDS : For plllvoses 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 reasonl1ble hours , the books, records, contracts, and other documents con"finning 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 fr0111 the use of the leased premises, (ii) the gross revenue derived indirectly fr0111 the use of the leased premises, and (iii) all other gross revenue derived [rom the Lessee's operations Oil the riparian upland property. The Lessee shall sectHe, maintain and keep all records for the entire term o[ this lease plus three (3) additional years . This period shall be extended for an additional two (2) years lIpon request for examination of all records ancl 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 Slate of Florida Department of Environmental Protection Consolidated Wetland Resource Perm.it. The Lessee shall not (i) change or acid to the approved use of the leased premises as defineci herein (e .g., from conunercial to multi-family resiclentia I, [r0111 temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking 0 f cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading conU11ercial to rental of wet slips, etc.); (ii) change activities in any maImer 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:!2. without "first obtaining a regulatory permit/modi fied permit, if applicable, the Lessor's written authorization in the form of a mociified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any strucl1l1'es which may no longer qualify for authoriz(l tion under the modified lease. 8. PROPERTY RIOl-ITS: 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 saicllancl 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 privale 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 RlPARIAN UPLAND PROPERTY : During the term of this lease, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment 12. and by reference made a part hereof together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option of the Lessor. 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 and docllments 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 leQse, current mQnagement