HOUSE AMENDMENT
                                                   Bill No. HB 891
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Local Government & Veterans Affairs offered
12  the following:
13  
14         Amendment 
15  Remove from the bill:  Everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  The lessor, the Board of Internal
19  Improvement Trust Fund is hereby directed to lease the
20  following described property to the lessee, the City of
21  Daytona Beach, Florida:
22  
23         A parcel of sovereign submerged land in Volusia
24         County, Florida, more particularly described
25         as:
26  
27         A portion of submerged land in the Atlantic
28         Ocean adjacent to Block 2, Plan of Seabreeze
29         Subdivision as recorded in Deed Book "O" Page
30         301, Public Records of Volusia County, Florida,
31         and being more particularly described as
                                  1
    File original & 9 copies    04/12/01                          
    hca0002                     12:58 pm         00891-lgva-784647

HOUSE AMENDMENT Bill No. HB 891 Amendment No. 01 (for drafter's use only) 1 follows. As a point of reference, commence at 2 the northeast corner of Block 5, said plan of 3 Seabreeze Subdivision, thence north 67 degrees 4 53 minutes 33 seconds east along the southerly 5 original right of way line of Main Street and 6 along its extension thereof, 488.65 feet more 7 or less, to the mean high water line of the 8 Atlantic Ocean Beach and to the point of 9 beginning. Thence continue north 67 degrees 53 10 minutes 33 seconds east 1000.00 feet, thence 11 south 22 degrees 06 minutes 27 seconds east 12 242.30 feet, thence south 67 degrees 53 minutes 13 33 seconds west, 979.07 feet, more or less to 14 the aforementioned high water line, thence 15 north 27 degrees 02 minutes 40 seconds west 16 along the said mean high water line 17 approximately 243.21 feet to the point of 18 beginning. 19 20 Section 2. The term of this lease runs for a 21 period of 35 years commencing on the date the City of 22 Daytona Beach acquires ownership of the pier and 23 associated upland parcel. Such acquisition must occur 24 no later than 10 years after the effective date of 25 this bill. The lessee shall pay an initial annual 26 lease fee of $5,000 to the Board of Trustees of the 27 Internal Improvement Trust Fund. The annual lease fee 28 shall increase by $5,000 at each successive 5-year 29 interval during the lease term and shall be remitted 30 to the Department of Environmental Protection as the 31 agent for the lessor. The lease fee for any renewals 2 File original & 9 copies 04/12/01 hca0002 12:58 pm 00891-lgva-784647
HOUSE AMENDMENT Bill No. HB 891 Amendment No. 01 (for drafter's use only) 1 of this lease, beyond the initial lease period, shall 2 be determined pursuant to the terms of Chapter 18-21, 3 F.A.C., in effect at the time of such renewal. 4 Section 3. The submerged lands described in 5 this act are leased for the purpose of furthering the 6 city's downtown redevelopment initiative, including 7 the city's acquisition of the historic pier situated 8 upon the leased lands and such uses may include 9 nonwater-dependent activities. If the city is unable 10 to acquire the historic pier or, once having purchased 11 the pier, relinquishes ownership, this lease is void. 12 Section 4. This lease is specifically 13 contingent upon the City of Daytona Beach acquiring 14 ownership of the pier, and this lease shall not become 15 effective unless and until such acquisition is 16 secured. 17 Section 5. The lessee shall make no claim of 18 title or interest to said lands hereinbefore described 19 by reason of the occupancy or use thereof, and all 20 title and interest to said land hereinbefore described 21 is vested in the lessor. The lessee may not make any 22 claim, including any advertisement, that said land may 23 be purchased, sold, or resold. 24 Section 6. During the term of this lease, the 25 lessee shall maintain a fee simple title interest in 26 the riparian upland property and, if such interest is 27 terminated, the lease may be terminated at the option 28 of the lessor. Prior to sale or other transfer of the 29 lessee's fee simple title interest in the upland 30 property, lessee shall inform any potential buyer or 31 transferee of the lessee's upland property interest of 3 File original & 9 copies 04/12/01 hca0002 12:58 pm 00891-lgva-784647
HOUSE AMENDMENT Bill No. HB 891 Amendment No. 01 (for drafter's use only) 1 the existence of this lease and all its terms and 2 conditions and shall complete and execute any 3 documents required by the lessor to effect an 4 assignment of this lease, if authorized by further 5 legislative action. Failure to do so will not relieve 6 the lessee from responsibility for full compliance 7 with the terms and conditions of this lease which 8 include, but are not limited to, payment of all fees 9 and/or penalty assessments incurred prior to such act. 10 Section 7. The lessee shall investigate all 11 claims of every nature arising out of this lease at 12 its expense and shall indemnify, defend and save, and 13 hold harmless the State of Florida from all claims, 14 actions, lawsuits, and demands arising out of this 15 lease or the operation and activities associated with 16 this lease. 17 Section 8. The lessee shall assume all 18 responsibility for liabilities that accrue to the 19 subject property or to the improvements thereon, 20 including any and all drainage or special assessments 21 or taxes of every kind and description which are now 22 or may be hereafter lawfully assessed and levied 23 against the subject property during the effective 24 period of this lease. 25 Section 9. The lessee is prohibited from 26 mooring vessels or charging general admission fees for 27 public access to any pier built or operated on the 28 leased premises. The lessee shall not knowingly 29 permit or suffer any nuisances or illegal operations 30 of any kind on the leased premises. During the term 31 of this lease and any renewals, extensions, 4 File original & 9 copies 04/12/01 hca0002 12:58 pm 00891-lgva-784647
HOUSE AMENDMENT Bill No. HB 891 Amendment No. 01 (for drafter's use only) 1 modifications or assignments thereof, lessee shall 2 prohibit the operation of entry onto the leased 3 premises of gambling cruise ships, or vessels that are 4 used principally for the purpose of gambling, when 5 these vessels are engaged in "cruises to nowhere." The 6 term "cruises to nowhere" means the activity of ships 7 that leave and return to the State of Florida without 8 an intervening stop within another state or foreign 9 country or waters within the jurisdiction of another 10 state or foreign country, and any watercraft used to 11 carry passengers to and from such gambling cruise 12 ships. 13 Section 10. The lessee shall maintain the 14 leased premises in good condition and keep the 15 structures and equipment located thereon in a good 16 state of repair in the interests of public health, 17 safety, and welfare. No structure shall be built or 18 operated in any manner that would cause harm to 19 wildlife. All garbage, debris, and sewage shall be 20 disposed of in an appropriate upland facility. The 21 leased premises shall be subject to inspection by the 22 Department of Environmental Protection at any 23 reasonable time. 24 Section 11. The lessee shall prohibit the 25 mooring of any "liveaboard" vessel within the leased 26 premises. The "liveaboard" is defined as a vessel 27 moored or docked at the facility and inhabited by a 28 person or persons for any five (5) consecutive days or 29 a total of ten (10) days within a thirty (30) day 30 period. In the event liveaboards are authorized by 31 further legislative action, in no event shall such 5 File original & 9 copies 04/12/01 hca0002 12:58 pm 00891-lgva-784647
HOUSE AMENDMENT Bill No. HB 891 Amendment No. 01 (for drafter's use only) 1 "liveaboard" status exceed six (6) months within any 2 twelve (12) month period, nor shall any such vessel 3 constitute a legal or primary residence. 4 Section 12. The lessee, at its cost, shall 5 remove any structures and equipment from the leased 6 premises at the end of the lease term. Any costs 7 incurred by the Lessor in removal of any structures 8 and equipment constructed or maintained on the leased 9 premises shall be paid by lessee and any unpaid costs 10 and expenses shall constitute a lien upon the interest 11 of the lessee in its riparian upland property 12 enforceable in summary proceedings as provided by Law. 13 If the lessee does not remove said structures and 14 equipment occupying and erected upon the leased 15 premises after expiration or cancellation of this 16 lease, such structures and equipment will be deemed 17 forfeited to the Lessor, and the lessor may authorize 18 removal and may sell such forfeited structures and 19 equipment after ten (10) days written notice by 20 certified mail addressed to the lessee at such address 21 on record as provided to the lessor by the lessee. 22 However, such remedy shall be in addition to all other 23 remedies available to the lessor under applicable 24 laws, rules and regulations including the right to 25 compel removal of all structures and the right to 26 impose administrative fines. 27 Section 13. In the event that any part of any 28 structure authorized hereunder is determined by a 29 final adjudication issued by a court of competent 30 jurisdiction to encroach on or interfere within 31 adjacent riparian rights, lessee agrees to either 6 File original & 9 copies 04/12/01 hca0002 12:58 pm 00891-lgva-784647
HOUSE AMENDMENT Bill No. HB 891 Amendment No. 01 (for drafter's use only) 1 obtain written consent for the offending structure 2 from the affected riparian owner or to remove the 3 interference or encroachment within sixty (60) days 4 from the date of the adjudication. Failure to comply 5 with this paragraph shall constitute a material breach 6 of this lease agreement and shall be grounds for 7 immediate termination of this lease agreement. 8 Section 14. Prior to commencement of 9 construction and/or activities authorized herein, the 10 lessee shall obtain all necessary federal, state, and 11 local permits. 12 Section 15. On or in conjunction with the use 13 of the leased premises, the lessee shall at all times 14 comply with all federal, state, and local laws and all 15 administrative rules promulgated thereunder which are 16 not inconsistent with this act. 17 Section 16. The lease shall not be amended, 18 modified, assigned or otherwise transferred without 19 further legislative action. 20 Section 17. The lease authorized by this act 21 represents the entire and only agreement between the 22 parties. If any provision of this act or its 23 application to any person or circumstance is held 24 invalid, the invalidity does not affect other 25 provisions or applications of the act that can be 26 given effect without the invalid provision or 27 application. 28 Section 18. This lease shall not take effect 29 until the lessee, the City of Daytona Beach, submits 30 acceptance of the terms of this lease in writing to 31 the Department of Environmental Protection, as staff 7 File original & 9 copies 04/12/01 hca0002 12:58 pm 00891-lgva-784647
HOUSE AMENDMENT Bill No. HB 891 Amendment No. 01 (for drafter's use only) 1 to the Board of Trustees of the Internal Improvement 2 Trust Fund. 3 Section 19. This act shall take effect upon 4 becoming a law. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/12/01 hca0002 12:58 pm 00891-lgva-784647