House Bill hb0891er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1

  2         An act relating to the City of Daytona Beach,

  3         Volusia County; providing for the lease of

  4         certain submerged lands to the city by the

  5         state; providing for the duration of the lease;

  6         specifying the amount of the lease; providing

  7         for the purpose of the lease; providing that

  8         the lease is contingent upon the city's

  9         acquisition of the pier situated upon the

10         leased lands; providing additional terms of the

11         lease; prohibiting transfer of lease without

12         legislative action; providing for severability;

13         requiring written submission of acceptance of

14         terms to the Department of Environmental

15         Protection; providing an effective date.

16

17         WHEREAS, the City of Daytona Beach has undertaken a

18  major downtown redevelopment effort designed to foster

19  economic enterprise, to enhance tourism, and to restore

20  certain historic city attributes, and

21         WHEREAS, the historic pier situated centrally within

22  the redevelopment area is a key feature of the redevelopment

23  endeavor and the lease of the submerged lands underlying the

24  pier to the City of Daytona Beach is an essential component

25  for this multifaceted project, and

26         WHEREAS, it is the intention of the City of Daytona

27  Beach to acquire ownership of the pier and establish it as the

28  center point of the redevelopment project, and

29         WHEREAS, the Legislature finds that it is in the public

30  interest to provide for a lease of the lands underlying the

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1  historic pier to the City of Daytona Beach for the purposes

  2  stated in this act, NOW, THEREFORE,

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  The lessor, the Board of Trustees of the

  7  Internal Improvement Trust Fund, is hereby directed to lease

  8  the following described property to the lessee, the City of

  9  Daytona Beach, Florida:

10

11         A parcel of sovereign submerged land in Volusia

12         County, Florida, more particularly described

13         as:

14

15         A portion of submerged land in the Atlantic

16         Ocean adjacent to Block 2, Plan of Seabreeze

17         Subdivision as recorded in Deed Book "O" Page

18         301, Public Records of Volusia County, Florida,

19         and being more particularly described as

20         follows. As a point of reference, commence at

21         the northeast corner of Block 5, said plan of

22         Seabreeze Subdivision, thence north 67 degrees

23         53 minutes 33 seconds east along the southerly

24         original right of way line of Main Street and

25         along its extension thereof, 488.65 feet more

26         or less, to the mean high water line of the

27         Atlantic Ocean Beach and to the point of

28         beginning. Thence continue north 67 degrees 53

29         minutes 33 seconds east 1000.00 feet, thence

30         south 22 degrees 06 minutes 27 seconds east

31         242.30 feet, thence south 67 degrees 53 minutes


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1         33 seconds west, 979.07 feet, more or less to

  2         the aforementioned high water line, thence

  3         north 27 degrees 02 minutes 40 seconds west

  4         along the said mean high water line

  5         approximately 243.21 feet to the point of

  6         beginning.

  7

  8         Section 2.  The term of this lease runs for a period of

  9  35 years commencing on the date the City of Daytona Beach

10  acquires ownership of the pier and associated upland parcel.

11  Such acquisition must occur no later than 5 years after the

12  effective date of this act.  The lessee shall pay an initial

13  annual lease fee of $5,000 to the Board of Trustees of the

14  Internal Improvement Trust Fund.  The annual lease fee shall

15  increase by $5,000 at each successive 5-year interval during

16  the lease term and shall be remitted to the Department of

17  Environmental Protection as the agent for the lessor. The

18  lease fee for any renewals of this lease, beyond the initial

19  lease period, shall be determined pursuant to the terms of

20  Chapter 18-21, F.A.C., in effect at the time of such renewal.

21         Section 3.  The submerged lands described in this act

22  are leased for the purpose of furthering the city's downtown

23  redevelopment initiative, including the city's acquisition of

24  the historic pier situated upon the leased lands and such uses

25  may include nonwater-dependent activities. If the city is

26  unable to acquire the historic pier or, once having purchased

27  the pier, relinquishes ownership, this lease is void.

28         Section 4.  This lease is specifically contingent upon

29  the City of Daytona Beach acquiring ownership of the pier, and

30  this lease shall not take effect unless and until such

31  acquisition is secured.


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1         Section 5.  The lessee shall make no claim of title or

  2  interest to the lands described in section 1 by reason of the

  3  occupancy or use thereof, and all title and interest to the

  4  lands described in section 1 is vested in the lessor.  The

  5  lessee may not make any claim, including any advertisement,

  6  that said lands may be purchased, sold, or resold.

  7         Section 6.  During the term of this lease, the lessee

  8  shall maintain a fee simple title interest in the riparian

  9  upland property and, if such interest is terminated, the lease

10  may be terminated at the option of the lessor.  Prior to sale

11  or other transfer of the lessee's fee simple title interest in

12  the upland property, the lessee shall inform any potential

13  buyer or transferee of the lessee's upland property interest

14  of the existence of this lease and all its terms and

15  conditions and shall complete and execute any documents

16  required by the lessor to effect an assignment of this lease,

17  if authorized by further legislative action.  Failure to do so

18  shall not relieve the lessee from responsibility for full

19  compliance with the terms and conditions of this lease which

20  include, but are not limited to, payment of all fees or

21  penalty assessments incurred prior to the effective date of

22  this act.

23         Section 7.  The lessee shall investigate all claims of

24  every nature arising out of this lease at its expense and

25  shall indemnify, defend and save, and hold harmless the State

26  of Florida from all claims, actions, lawsuits, and demands

27  arising out of this lease or the operation and activities

28  associated with this lease.

29         Section 8.  The lessee shall assume all responsibility

30  for liabilities that accrue to the subject property or to the

31  improvements thereon, including any and all drainage or


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1  special assessments or taxes of every kind and description

  2  which are now or may be hereafter lawfully assessed and levied

  3  against the subject property during the effective period of

  4  this lease. The lessee shall purchase and maintain an all-risk

  5  property insurance policy to cover repair or replacement

  6  costs, subject to a deductible, that may arise out of damage

  7  occurring to the pier due to perils insured under such policy.

  8  The lessee shall provide proof of this insurance in writing

  9  and shall submit proof of insurance to the Department of

10  Environmental Protection along with each annual lease payment.

11         Section 9.  The lessee is prohibited from mooring

12  vessels or charging general admission fees for public access

13  to any pier built or operated on the leased premises.  The

14  lessee shall not knowingly permit or suffer any nuisances or

15  illegal operations of any kind on the leased premises.  During

16  the term of this lease and during any renewals, extensions,

17  modifications, or assignments thereof, the lessee shall

18  prohibit the operation or entry onto the leased premises of

19  gambling cruise ships, or vessels that are used principally

20  for the purpose of gambling, when these vessels are engaged in

21  "cruises to nowhere." The term "cruises to nowhere" means the

22  activity of ships that leave and return to the State of

23  Florida without an intervening stop within another state or

24  foreign country or waters within the jurisdiction of another

25  state or foreign country, and any watercraft used to carry

26  passengers to and from such gambling cruise ships.

27         Section 10.  The lessee shall maintain the leased

28  premises in good condition and keep the structures and

29  equipment located thereon in a good state of repair in the

30  interests of public health, safety, and welfare. No structure

31  shall be built or operated in any manner that would cause harm


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1  to wildlife. All garbage, debris, and sewage shall be disposed

  2  of in an appropriate upland facility. The leased premises

  3  shall be subject to inspection by the Department of

  4  Environmental Protection at any reasonable time.

  5         Section 11.  The lessee shall prohibit the mooring of

  6  any "liveaboard" vessel within the leased premises.

  7  "Liveaboard" is defined as a vessel moored or docked at the

  8  facility and inhabited by a person or persons for any 5

  9  consecutive days or a total of 10 days within a 30-day period.

10  In the event liveaboards are authorized by further legislative

11  action, in no event shall such liveaboard status exceed 6

12  months within any 12-month period, nor shall any such vessel

13  constitute a legal or primary residence.

14         Section 12.  The lessee, at its cost, shall remove any

15  structures and equipment from the leased premises at the end

16  of the lease term.  Any costs incurred by the lessor in

17  removal of any structures and equipment constructed or

18  maintained on the leased premises shall be paid by the lessee

19  and any unpaid costs and expenses shall constitute a lien upon

20  the interest of the lessee in its riparian upland property

21  enforceable in summary proceedings as provided by law.  If the

22  lessee does not remove said structures and equipment occupying

23  and erected upon the leased premises after expiration or

24  cancellation of this lease, such structures and equipment

25  shall be deemed forfeited to the lessor, and the lessor may

26  authorize removal and may sell such forfeited structures and

27  equipment after 10 days' written notice by certified mail

28  addressed to the lessee at the address on record as provided

29  to the lessor by the lessee.  However, such remedy shall be in

30  addition to all other remedies available to the lessor under

31  applicable laws, rules, and regulations, including the right


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1  to compel removal of all structures and the right to impose

  2  administrative fines.

  3         Section 13.  In the event that any part of any

  4  structure authorized under this act is determined by a final

  5  adjudication issued by a court of competent jurisdiction to

  6  encroach on or interfere with adjacent riparian rights, the

  7  lessee agrees to either obtain written consent for the

  8  offending structure from the affected riparian owner or to

  9  remove the interference or encroachment within 60 days from

10  the date of the adjudication.  Failure to comply with this

11  section shall constitute a material breach of this lease

12  agreement and shall be grounds for immediate termination of

13  this lease agreement.

14         Section 14.  Prior to commencement of construction or

15  the activities authorized in this act, the lessee shall obtain

16  all necessary federal, state, and local permits. Nothing in

17  this act shall serve as regulatory authorization for the

18  proposed project or shall be construed as authorization to

19  issue permits for the proposed project if the proposed project

20  does not meet federal, state, or local permitting standards.

21         Section 15.  On or in conjunction with the use of the

22  leased premises, the lessee shall at all times comply with all

23  federal, state, and local laws and all administrative rules

24  promulgated thereunder which are not inconsistent with this

25  act.

26         Section 16.  The lease shall not be amended, modified,

27  assigned, or otherwise transferred without further legislative

28  action.

29         Section 17.  The lease authorized by this act

30  represents the entire and only agreement between the parties.

31  If any provision of this act or its application to any person


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                       HB 891, First Engrossed



  1  or circumstance is held invalid, the invalidity shall not

  2  affect other provisions or applications of the act that can be

  3  given effect without the invalid provision or application.

  4         Section 18.  This lease shall not take effect until the

  5  lessee, the City of Daytona Beach, submits acceptance of the

  6  terms of this lease in writing to the Department of

  7  Environmental Protection, as staff to the Board of Trustees of

  8  the Internal Improvement Trust Fund.

  9         Section 19.  This act shall take effect upon becoming a

10  law.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  8

CODING: Words stricken are deletions; words underlined are additions.