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

shall snch "liveaboarcl" status exceed six (6) 1110nths within any twelve (12) month period, nor shall any such vessel constil11te a legal or primary residence. 29. GAMBLING VESSELS : During the term of this lease ancl any renewals, extensions, modifications or assig1U11ents thereof, Lessee shall prohibit the operation of or entTy onto the leased premises of gambling cruise ships, or vessels that are used principally for the plllpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and retl.U'n to the state of Florida without an intervening stop within another state or foreign counh'y or waters within the jurisdiction of another state or foreign COtlntTY, and any watercraft used to carry passengers to and from such gambling cruise ships. 3~. 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 ofa pending bankruptcy proceeding; (ii) the Lessee has no unsatisfied judgments entered against it; (iii) the Lessee has satisfied all state and local taxes for which it is responsible; and (iv) no other matters are pending or threatened against or affecting the' Lessee or the Lessee's interest in the riparian upland property thal would impair the Lessee's financial capability to undertake and operate the project authorized by this lease. Any breacli of this lease condition shall constitl1te a default under this lease. 31. SPECIAL LEASE CONDITIONS: A. The Lessee shall prohibit any mooring, 011 either a temporary or permanent basis, along the sides of the) eastern and western face of the main access dock. To ensure compliance, the Lessee agrees to place and maintain: (1) a 3-foot high railing along the east and west face of the stll.lctl.ll'e, and (2) signs advising boaters that mooring either on a temporary or penmnent basis is prohibited. \ ! t B. Within 10 days of completion of the docking facility, handrails and "no-mooring" signs shall be installed along all portions of the docking facility adjacent to non-mooring areas. Handruils shall be constructed to eliminate access to the docking facility by boaters and shall be maintained for the life of the docking facility. C. Any vesselmoorecl at the clocking facility, on either a temporary or permanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A ancl no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including Clll parts ancl accessories such as outboarcll11otors, bow pulpits, and swim platforms. D . The Lessee shall install and maintain, during the term of this lease and all subsequent renewal terms, reflective markers and lighted aids to navigation at all distant corners of the clocking facility and shall operate said lights Clt night or in conditions of reduced visibility . E. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 ancl328, 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. F. All vessels that moor, dock, or otherwise use the leased premises shall be maintained in a fully operational condition. .... \ WITNESSES: -M~ Original Signahlre .' : "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instnlll1ent was acknowledged before me this ll~ day of Qt~r ,2oLL, by Jeffery M. Gentry Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands , State of Florida Department of Enviro1U11ental Protection, as a el for and on behalf of the Board of Trustees of the Internal rovement Trust Fund of the State of Florida. He is p 'son DEP Printed, Typed or S .ijI'I;IioV'~~U'I...~, ........ Notary Public State of Florida My Conmussion E Kathy C Griffin My Commission 00727692 Explr.. 1013012011 Conmussion/Serial No. _ _ _ _ _ _ _ _ _ _ _ _ _ __ WITNESSES: _ _ _-'-"CSEAL) B ,t . ._ - - - - - - - - - - Original Signahlre {bAIL C!..LUCk Mr. Fred E. Tolbert III Typed/Printed Name of Witness TypedlPrinted Name of Executing Authority ~A2~ Original Signature Manager Title of Executing Authority (1I-J1C1 S 1:>, tlR.IEEtTl-J TypedlPrinted Name of Witness "LESSEE" STATE OF FLO Q IDA COUNTYOF OkALOO'5f::\_ Theforegoing instnlment was acknowledged before me this rx<2tJ...dayof ;SEiPlE M8ER. , 20K, by Mr. Fred E. Tolbert III, who is the Manager of Destin West Marina, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced > ~ , a0¥entification.  OESTIN IY.EST BAYSIOS A PARCEL OF SUBt-,IERGED SOVEREIGNTY LAND LYING IN UNSEC110NED TOWNSHIP 2 SOU 11-1 , RANGE 24 WEST, Of<ALOOSA COUNTY, FLORIDA, MORE PARl1CULARLY DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF LOT 23-A, SANTA ROSA ISLAND, SUBDIVISION OF BLOCK 13, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 54F, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE RUN N 04'08'00" E ALONG THE EASTERLY LINE OF SAID LOT 23-A, 82.00 FEET TO A POINT ON l1-iE PROPOSED R.O,W, (RIGHT-OF-WAY) LINE AS SHOWN ON SAID PLAT, AND A FOUND CONCRETE MONUMENT (NO H); THENCE N 04'08'03" E, A DISTANCE OF 461,97 FEET TO A POINT ON THE WATER SIDE OF A SHEET PANEL WOOD TOP SEAWALL; THENCE N 70'19'24" W ALONG SAID SEAWALL. A DISTANCE OF 26.47 FEET TO THE POINT OF BEGINNING; THENCE CONllNUE N 70 '19'24" W, 7.26 FEET; THENCE OEPARllNG SAID SEAWALL INTO CHOCTAWHATCHEE BAY. THE FOLLOWING BEARINGS AND DISTANCES: N 04'08'03" E, 435 .70 FEET; N .85'51'57" W. 142.00 FEET; N 04'08'03" E. 149.32 FEET; S 85 '51'57" E, 149:00 FEET: S 04:08'03" W, 586.95 FEET; TO THE POINT OF BEGINNING. CONTAINING 25,305 SQUARE FEET (0.58 ACRES), MORE OR LESS, ALL IN OI<ALOOSA COUNTY, FLORIDA. .... .. , ....... , .. , .............. ... . '::::::::.': FORT:::::::::::::.. ... .. ,., ..... , . ...... ......, ... ......... ... . , .... . " '::::::::::WALTON :::::::::: .. ,. .... .. •• • ••• , to . . .... . . . . • • •• , , ••••• .'~.... "::"...... ... :" ": . ". . III .. .. . . . . . . B E AC H' .... ..:::::::::: " . ... .. .. .... ..... ... . . . . . ... .. . , ' ~ : : ::,' ::: ,':::: :::: .'::: :::: :::: .': ::: :.': , o .: : ::: : :::.':: ::::::::: :::: ::::: ::::::.