Senate Bill sb2264

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    Florida Senate - 2001        (NP)                      SB 2264

    By Senator Burt





    16-565-01

  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 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 2264
    16-565-01




  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:

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  9         A portion of submerged land in the Atlantic

10         Ocean adjacent to Block 2, Plan of Seabreeze

11         Subdivision as recorded in Deed Book "O" Page

12         301, Public Records of Volusia County, Florida,

13         and being more particularly described as

14         follows. As a point of reference, commence at

15         the northeast corner of Block 5, said plan of

16         Seabreeze Subdivision, thence north 89 degrees

17         49 minutes 35 seconds east along the southerly

18         original right-of-way line of Main Street and

19         along its extension thereof, 488.65 feet more

20         or less, to the mean high-water line of the

21         Atlantic Ocean beach and to the point of

22         beginning. Thence continue north 89 degrees 49

23         minutes 35 seconds east 1,000.00 feet, thence

24         south 00 degrees 10 minutes 25 seconds east

25         242.30 feet, thence south 89 degrees 49 minutes

26         35 seconds west, 979.07 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 243.21 feet to the point of

31         beginning.

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    Florida Senate - 2001        (NP)                      SB 2264
    16-565-01




  1

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

  3  2001, and terminates on June 30, 2036, unless extended by

  4  further act of the Legislature. The lessee shall pay an

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

  6  the Internal Improvement Trust Fund. The annual lease fee

  7  shall increase by $5,000 at each successive 5-year interval

  8  during the lease term, and such fee shall be remitted to the

  9  Department of Environmental Protection as the agent for the

10  lessor. These sums shall be used by the Board of Trustees of

11  the Internal Improvement Trust Fund to monitor and administer

12  the provisions of this lease.

13         Section 3.  The submerged lands described in this act

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

15  redevelopment initiative, including the city's acquisition of

16  the historic pier situated upon the leased lands, and such

17  uses may include nonwater-dependent activities. If the city is

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

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

20         Section 4.  This lease is specifically contingent upon

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

22  this lease does not become effective unless and until such

23  acquisition is secured.

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

25  interest to such lands by reason of the occupancy or use

26  thereof, and all title and interest to such land is vested in

27  the lessor. The lessee may not make any claim, including any

28  advertisement, that such land may be purchased, sold, or

29  resold.

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

31  shall maintain a leasehold or fee simple title interest in the

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    Florida Senate - 2001        (NP)                      SB 2264
    16-565-01




  1  riparian upland property and, if such interest is terminated,

  2  the lease may be terminated by the lessor at the option of the

  3  lessor. Prior to sale or termination of the lessee's leasehold

  4  interest in the upland property, lessee shall inform any

  5  potential buyer or transferee of the lessee's upland property

  6  interest of the existence of this lease and all its terms and

  7  conditions.

  8         Section 7.  The lessee shall investigate all claims of

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

10  shall indemnify, defend, and save and hold harmless the state

11  from all claims, actions, lawsuits, and demands arising out of

12  this lease.

13         Section 8.  The lessee shall assume all responsibility

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

15  improvements thereon, including any and all drainage or

16  special assessments or taxes of every kind and description

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

18  against the subject property during the effective period of

19  this lease.

20         Section 9.  The lessee shall not knowingly permit or

21  suffer any nuisances or illegal operations of any kind on the

22  leased premises. During the term of this lease the lessee

23  shall prohibit the operation of entry onto the leased premises

24  of gambling cruise ships or vessels that are used principally

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

26  "cruises to nowhere," where the ships leave and return to the

27  state without an intervening stop within another state or

28  foreign country or waters within the jurisdiction of another

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

30  passengers to and from such gambling cruise ships.

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    Florida Senate - 2001        (NP)                      SB 2264
    16-565-01




  1         Section 10.  The lessee shall maintain the leased

  2  premises in good condition, keeping the structures and

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

  4  interests of public health, safety, and welfare. No dock or

  5  pier shall be constructed in any manner that would cause harm

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

  7  in an appropriate upland facility. The leased premises shall

  8  be subject to inspection by the Department of Environmental

  9  Regulation at any reasonable time.

10         Section 11.  The lessee, at its cost, shall remove any

11  structures and equipment from the subject property at the end

12  of the lease term. Any costs incurred by the lessor in removal

13  of any structures and equipment constructed or maintained on

14  the subject property shall be paid by lessee, and any unpaid

15  costs and expenses shall constitute a lien upon the interest

16  of the lessee in its riparian upland property enforceable in

17  summary proceedings as provided by law.

18         Section 12.  Prior to commencement of construction or

19  activities authorized herein, the lessee shall obtain the U.S.

20  Army Corps of Engineers permit if it is required by the Corps.

21         Section 13.  This lease shall not be assigned or

22  otherwise transferred without further legislative action.

23         Section 14.  The lessee shall at all times comply with

24  all Florida Statutes and all administrative rules adopted

25  under the Florida Statutes not inconsistent with this act.

26         Section 15.  To effectuate this lease the lessee shall

27  submit an acceptance of the terms of this lease in writing to

28  the Department of Environmental Protection.

29         Section 16.  If any provision of this act or its

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

31  invalidity does not affect other provisions or applications of

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    Florida Senate - 2001        (NP)                      SB 2264
    16-565-01




  1  the act which can be given effect without the invalid

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

  3  this act are declared severable.

  4         Section 17.  This act shall take effect upon becoming a

  5  law.

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