Senate Bill sb0922

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    Florida Senate - 2001        (NP)                       SB 922

    By Senator Burt





    16-340-01

  1                      A bill to be entitled

  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; providing for severability; providing an

12         effective date.

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14         WHEREAS, the City of Daytona Beach has undertaken a

15  major downtown redevelopment effort designed to foster

16  economic enterprise, to enhance tourism, and to restore

17  certain historic city attributes, and

18         WHEREAS, the historic pier situated centrally within

19  the redevelopment area is a key feature of the redevelopment

20  endeavor and the lease of the submerged lands underlying the

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

22  for this multi-faceted project, and

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

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

25  center point of the redevelopment project, and

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

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

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

29  stated in this act, NOW, THEREFORE,

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

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    Florida Senate - 2001        (NP)                       SB 922
    16-340-01




  1         Section 1.  The lessor, State of Florida, hereby leases

  2  the following described property to the lessee, City of

  3  Daytona Beach, Florida:

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  5         A parcel of sovereign submerged land in Volusia

  6         County, Florida, more particularly described

  7         as:

  8

  9         A portion of submerged land in the Atlantic

10         Ocean and adjacent to Block 2, Plan of

11         Seabreeze Subdivision as recorded in Deed Book

12         "O" Page 301, Public Records of Volusia County,

13         Florida, and being more particularly described

14         as follows. As a point of reference, commence

15         at the northeast corner of Block 5, said plan

16         of Seabreeze Subdivision, thence north 89

17         degrees 49 minutes 35 seconds east along the

18         southerly original right-of-way line of Main

19         Street and along its extension thereof, 488.65

20         feet more or less, to the mean high-water line

21         of the Atlantic Ocean beach and to the point of

22         beginning. Thence continue north 89 degrees 49

23         minutes 35 seconds east 1000.00 feet, thence

24         south 00 degrees 10 minutes 25 seconds east

25         240.30 feet, thence south 89 degrees 49 minutes

26         35 seconds west, 999.57 feet, more or less to

27         the aforementioned high-water line, thence

28         north 05 degrees 07 minutes 29 seconds west

29         along the said mean high-water line

30         approximately 142.80 feet to the point of

31         beginning.

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    Florida Senate - 2001        (NP)                       SB 922
    16-340-01




  1

  2         Section 2.  The term of this lease commences on July 1,

  3  2001, and terminates on June 30, 2051, unless extended by

  4  further act of the Legislature. During the term of this lease,

  5  the lessee shall pay the sum of $5,000 annually to the Board

  6  of Trustees of the Internal Improvement Trust Fund, which

  7  shall be used to monitor and administer the provisions of this

  8  lease.

  9         Section 3.  The submerged lands described in this act

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

11  redevelopment initiative, including the city's acquisition of

12  the historic pier situated upon the leased lands. If the city

13  is unable to acquire the historic pier or, once having

14  purchased the pier, relinquishes ownership, this lease is

15  void.

16         Section 4.  This lease is specifically contingent upon

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

18  this lease does not become effective unless and until such

19  acquisition is secured.

20         Section 5.  This lease may not be assigned or otherwise

21  transferred without further legislative action.

22         Section 6.  The lessee must at all times comply with

23  all laws of this state and all administrative rules adopted

24  under state law which are not inconsistent with this act.

25         Section 7.  If any provision of this act or its

26  application to any person or circumstance is held invalid, the

27  invalidity does not affect other provisions or applications of

28  the act which can be given effect without the invalid

29  provision or application, and to this end the provisions of

30  this act are severable.

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    Florida Senate - 2001        (NP)                       SB 922
    16-340-01




  1         Section 8.  This act shall take effect upon becoming a

  2  law.

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