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MED 11111 1111111111 11111 1111111111 1111311 =FN 20 J2R0 721:11.6 OR B], 28?28 P9s 1867 - 1899; (33p9s) RECORDED 08/14/2012 13156:06 DEED DOC: TAX 0.60 SURTAX 0.45 HARVEY R.UVIN: CLERK OF COURT MIAMI-DADE COUNTY; FLORIDA This Instrument Prepared By: Tiana Brown Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO INCREASE SQUARE FOOTAGE BOT FILE NO. 130174356 PA NO.0295091-001-JC THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to City of Sunny Isles Beach,Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 14 , Township 52 South,Range 42 East,in Atlantic Ocean, Miami-Dade County,containing 18,545 square feet,more or less, as is more particularly described and shown on Attachment A,dated September 21,2011. TO HAVE THE USE OF the hereinabove described premises from October 27,2011,the effective date of this modified lease renewal,through April 23,2017,the expiration date of this modified lease renewal. The terms and conditions on and for which this modified lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a public fishingpier with a non-water dependent ticket booth/bait and tackle shop and restaurant,a life guard station and Aquatic Safety Center on the second floor exclusively to be used for fishing and passive recreational activities only in conjunction with an upland public beachfront park and condominium,without fueling facilities,without a sewage pumpout facility,and without liveaboards as defined in paragraph 25 as shown and conditioned in Attachment A,and the State of Florida Department of Environmental Protection Consolidated Joint Coastal Permit No.0295091-001-JC,dated October 6,2011,incorporated herein and made a part of this lease by reference.The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the first 5 years of the initial term if the initial term is for a period greater than 5 years. The failure to complete the construction of all authorized structures within this time period shall constitute a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial term or first 5 years,whichever is sooner,without any right of renewal. All of the foregoing subject to the remaining conditions of this lease. [02-29]