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<br />2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
<br />for those activities specified herein. The Lessee shall not change or add to the approved use of the leased premises as defined
<br />herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet
<br />slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
<br />temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.), shall not change
<br />activities in any manner that may have an environmental impact that was not considered in the original authorization or
<br />regulatory permit, or shall not change the type of use permitted by the Lessee's riparian upland easement that is more
<br />particularly described in Attachment ~ without first obtaining a regulatory permit/modified permit, if applicable, and, if
<br />applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any
<br />time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.0 I I (I )(b )7., Florida
<br />Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule
<br />18-21.0 II, Florida Administrative Code, and if applicable, to remove any structures that are no longer authorized under this
<br />lease.
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<br />3. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to
<br />examine, for the term of this lease including any subsequent renewals plus three (3) additional years, at all reasonable hours,
<br />the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as
<br />specified in paragraph two (2) above.
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<br />4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
<br />(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
<br />the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
<br />Lessee shall secure, maintain and keep all records for the term of this lease and any subsequent renewals plus three (3)
<br />additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and
<br />accounts for lease verification purposes by the Lessor.
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<br />5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
<br />reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
<br />The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
<br />leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
<br />cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
<br />or the use thereof, may be purchased, sold, or re-sold.
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<br />6. INTEREST IN RIPARIAN UPLAND EASEMENT: During the term of this lease, the Lessee shall maintain the
<br />Lessee's riparian upland easement that is more particularly described in Attachment!! and by reference made a part hereof
<br />together with the riparian rights appurtenant to said riparian upland easement, and if such easement interest is terminated, the
<br />lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's easement interest over and
<br />across the riparian upland property, Lessee shall inform any potential buyer or transferee of: (a) the Lessee's easement over and
<br />across the riparian upland property; (b) and the existence of this lease and all its terms and conditions and shall complete and
<br />execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do
<br />so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,
<br />but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act.
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<br />7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
<br />consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
<br />and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
<br />other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
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<br />8. INDEMNIFICA TION/INVESTIGA TION OF ALL CLAIMS: The Lessee shall investigate all claims of every
<br />nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
<br />omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
<br />waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
<br />time to time, or any other law providing limitations on claims.
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<br />9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation
<br />between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
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<br />Page -.L of ~ Pages
<br />Sovereignty Submerged Lands Lease No. 130174356
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