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Home My WebLink About2010 Renew Submerged Land Lease City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: 10. ( ( Z Authorize Mayor to Execute FDEP Sovereignty Submerged Lands Lease Re -wal f r Working Waterfront Property Department Origin: City Clerk i Date Submitted: 8/3/10 1� vl A= C M.' -•er For Agenda of: 8/11/10 ity Attorney FDEP Cover Letter, Submerged Lands Lease SUMMARY STATEMENT FDEP is requesting execution of a modified sovereignty submerged lands lease renewal for the Working Waterfront Dabrowski property. According to the lease agreement with FLS, Inc. approved at the last Regular City Council Meeting, the Lessor (City) is responsible for acquiring and maintaining the submerged lands lease and the lessee (FLS, Inc.) is responsible for initial, annual and renewal permit fees. RECOMMENDED ACTION Authorize the Mayor to execute the modified sovereign submerged lands lease renewal as requested by FDEP, and forward the executed lease to FDEP for their execution, and later return to the City for recording in Indian River County. i tonajoN .. Florida Department of ` """` ` '''' t! Environmental Protection ; �i!1: , ,7 Marjory Stoneman Douglas Building' \ `* Fio ° 3900 Commonwealth Boulevard i,, ,, 1, Tallahassee, Florida 32399-3000 , ;, July 22,2010 City of Sebastian,Florida Sebastian City Hall Attn.: Ms. Rebecca Grohall,AICP 1225 Main Street Sebastian,Florida 32958 BOT File No.:310006484 Lessee: City of Sebastian,Florida Dear Ms.Grohall: Enclosed is a modified lease renewal instrument,which requires acceptance by Mr. Richard H.Gillmor by notarized signature as the Mayor for the City of Sebastian as shown on the signature page(two witnesses required). Pursuant to Chapter 695,Florida Statutes,the names of the person executing the instrument,the two witnesses,and the notary public must be legibly printed or typewritten directly below that person's signature. Please execute and return the enclosed instrument and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance,we will transmit the lease instrument for final departmental execution. A fully executed instrument will be provided to you for recording in the county records where the facility is located. Our records show that all fees are current on the subject lease account. Your cooperation and assistance are appreciated. If you have any questions regarding this matter,please feel free to contact me at the letterhead address above(Mail Station No. 125)or at(850)245-2720. inc;, , .ilk I ', 'attic J.Scott "+t Government Operations Consultant I Bureau of Public Land Administration Division of State Lands F-tia 0+0 /pjs Enclosure(Modified Lease Renewal Instrument) By federal express ground JUL car' 20 - I ( 4h ' r. t 1h,,,, /) /r<U,,;, less p„,„ ,, ni,i1 (hp ,fl/( ftus This Instrument Prepared By: Pattie J. Scott Recurring Revenue Section 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 MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CHANGE IN OWNERSHIP BOT FILE NO.:310006484 PA NO.: 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 the City of Sebastian,Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 06, Township 31 South,Range 39 East,in the Indian River, Indian River County,containing 20,855 square feet, more or less,as is more particularly described and shown on Attachment A,dated June 4,2010. TO HAVE THE USE OF the hereinabove described premises from June 28,2010,the effective date of this modified lease renewal,through August 15,2014,the expiration date of this modified lease renewal. The terms and conditions on and for which this modified lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 13-slip commercial docking facility and non-water dependent building structure exclusively to be used for mooring fishing and recreational vessels in conjunction with an upland customer parking lot for marina,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 without liveaboards as defined in paragraph 29,as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area (2,930 square feet)of$449.11,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 this lease for the entire lease area(20,855 square feet)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. 101-06]