Submittal of the Minutes from the November 17, 2009 Cabinet Meeting. ******************************************************************************

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1 AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FEBRUARY 9, 2010 Attachments to the items below can be viewed at the following link: Substitute Page Item 1 Minutes Submittal of the Minutes from the November 17, 2009 Cabinet Meeting. (See Attachment 1, Pages 1-8) RECOMMEND APPROVAL Substitute Item 2 The Nature Conservancy Option Agreement/Florida Fish and Wildlife Conservation Commission/Aucilla Wildlife Management Area/Flint Rock Wildlife Management Area/Additions and Inholdings Project REQUEST: Consideration of an option agreement to acquire 2,849.2 acres within the Florida Fish and Wildlife Conservation Commission s Aucilla Wildlife Management Area Additions and Inholdings project from The Nature Conservancy. COUNTY: Jefferson APPLICANT: Florida Fish and Wildlife Conservation Commission (FWC) LOCATION: Sections 27 and 34; Township 03 South; Range 03 East and Sections 03, 10, 15, and 16; Township 04 South; Range 03 East CONSIDERATION: $5,246,371 APPRAISED BY MAXIMUM SELLER S TRUSTEES Carroll Griffith APPROVED PURCHASE PURCHASE OPTION PARCEL ACRES (07/23/2009) (07/23/2009) VALUE PRICE PRICE DATE TNC 2,849.2 $5,490,000 $5,607,000 $5,607,000 $16,990,998.50* $5,246,371** 90 days after (94%) BOT approval * TNC purchased the property on January 3, The property was part of a larger purchase totaling 10,905 acres. The purchase price per acre was $1,558. ** $1,841 per acre. STAFF REMARKS: This acquisition was negotiated by FWC under its Florida Forever Additions and Inholdings Program. Project Description The property is on the current FWC Additions and Inholdings acquisition list to be managed as part of the Aucilla Wildlife Management Area (Aucilla WMA). The property is also within the St. Joe Timberland Florida Forever project, a top 21 full fee Florida Forever A list project, approved by the Board of Trustees on August 25, The project contains 170,341 acres, of which 82, acres have been acquired. If the Board of Trustees approves this agreement, 85, acres or 50 percent will remain to be acquired.

2 Substitute Page Two Substitute Item 2, cont. The property is irregular in shape as its northern boundary generally follows the curvature of U.S. Highway 98 and extends southward approximately four miles. The boundary of the Aucilla WMA lies along the property s northern and eastern boundary. The St. Marks National Wildlife Refuge is adjacent to the south and The Nature Conservancy s (TNC) property adjoins the property to the west. All lands surrounding the property are managed for conservation. This acquisition provides the following benefits meriting acquisition under FWC s Additions and Inholdings Program: conservation of lands designated as Strategic Habitat Conservation Areas, conservation of habitat for imperiled species, additional habitat important to native wildlife, lands that will increase prescribed burning buffers, lands with wetland resources important to wildlife, and lands important for fish and wildlife-based public outdoor recreational use. Approximately 98 percent of this tract is designated as a FWC Strategic Habitat Conservation Area for rare and imperiled species such as the Florida black bear, swallow-tailed kite, Cooper s hawk, and may provide potential habitat for the Eastern indigo snake and flatwoods salamander. The property also serves as part of a wildlife habitat connector connecting the Aucilla WMA with the St. Marks Wildlife Refuge. Conservation of the tract may aid in addressing the potential impacts of climate change on wildlife species found in this region of Florida, as well as protecting the watershed for the Aucilla River, and Big Bend Seagrasses Aquatic Preserve, both designated as Outstanding Florida Waters. There is merchantable timber located on the property and it was considered in the appraisal. A timber appraisal performed by American Forest Management, Inc., dated July 17, 2009, indicates a total timber value of $1,619,847. The timber value consists of approximately 40 percent of planted pine and the remainder is native hardwood and other trees. For decades, the property has been part of a Wildlife Management Area and managed for silvicultural purposes, to include hunting. Currently, the land is being managed by FWC as part of the Flint Rock Wildlife Management Area, which is considered a Recreational Use Permit Area via a Wildlife Management Area Lease Agreement (Lease) with The Nature Conservancy dated July 10, The Lease will terminate on the subject acquisition parcel no later than April 26, If acquired, the property will be added to the Aucilla WMA and be managed in accordance with the current management plan. Any restoration plans for the property would be as a result of review of the area ecology. The property will be managed by FWC for natural resource conservation, habitat restoration, and fish and wildlife resource-based public outdoor recreation within a multiple-use, management regime. Mortgages and Liens/Encumbrances All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. Because these issues were discovered during the due diligence, further research may change the facts and scope of each issue.

3 Substitute Page Three Substitute Item 2, cont. Utility Line Right-of-Way The subject tract is bisected by a 175-foot-wide Florida Power Corporation (Florida Power) utility line right-of-way which runs east to west, approximately one mile south of the northern boundary of the property. The utility line is owned in fee by Florida Power. When the original owner, St. Joe Timberlands Company (St. Joe), sold the property to Florida Power, St. Joe reserved the right of ingress, egress and regress, over, across and upon the 175-foot strip of land for forestry and silviculture purposes through an access easement. This easement has been transferred to TNC and will be conveyed to the Board of Trustees upon acquiring the property. St. Joe did not retain any easement rights over the corridor. Access St. Joe owns a 150-foot-wide by 800-foot-long swath of land (Corridor) north of the subject property and south of U.S. Highway 98 (Highway) right-of-way. St. Joe entered into an agreement with the Department of Transportation (DOT) to convey the underlying fee interest of the Corridor, at an undetermined future date to DOT for the purpose of expanding the Highway. In the event that DOT elects not to buy the underlying fee interest of the Corridor, the Board of Trustees will have the first right of refusal to purchase the Corridor from St. Joe should they decide to sell it. There are three 60-foot-wide points of access (easements) to the property from the Highway. These access easements, originally owned by St. Joe, are now owned by TNC and will be conveyed to the Board of Trustees at closing. Improvements Planted pine trees, interior trail roads, hunting stands, and a small amount of agriculture fencing are located on the property. The existing, three hunting stands will be removed prior to closing. These improvements are considered typical of large, agricultural tracts of land. The appraisers considered these interests in their valuation of the property. FWC is willing to manage the property with these conditions and have determined that they will not adversely affect the management of the property. Closing Information A title insurance commitment, survey and an environmental site assessment will be obtained by FWC prior to closing. Management This property will be managed by FWC as an addition to the Aucilla Wildlife Management Area. Comprehensive Plan This acquisition is consistent with section (9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 2, Pages 1-56) RECOMMEND APPROVAL

4 Substitute Page Four Substitute Item 3 SeaCoast Gas Transmission, LLC/Tampa Electric Company (Peoples Gas System) Easements/Board of Trustees/St. Johns River Water Management District/Department of Agriculture and Consumer Services/Division of Forestry/Jennings State Forest/Julington-Durbin Preserve REQUEST: Consideration of a (1) fifty-year utility easement over acres from the Board of Trustees within Jennings State Forest; (2) one-year temporary construction easement over acres from the Board of Trustees within Jennings State Forest; (3) fifty-year utility easement over 2.20 acres from the Board of Trustees within Julington-Durbin Preserve; and (4) one-year temporary construction easement over 0.56 acre from the Board of Trustees within Julington-Durbin Preserve for a natural gas pipeline and appurtenances. COUNTIES: Clay and Duval APPLICANTS: SeaCoast Gas Transmission, LLC, a Delaware limited liability company, (SeaCoast) and Tampa Electric Company, a Florida Corporation, d/b/a Peoples Gas System (TECO Peoples) LOCATION: Section 01, Township 04 South, Range 23 East; Sections 04, 05, 09 and 10, Township 04 South, Range 24 East; Sections 10, 14, and 15, Township 04 South, Range 24 East; Section 25, Township 04 South, Range 27 East; and Section 30, Township 04 South, Range 28 East. CONSIDERATION: Easement fee based on appraised market value plus 1.5 times the easement value in replacement land within the current optimum boundary of Jennings State Forest in Clay County to be conveyed to the Board of Trustees as additional compensation. STAFF REMARKS: SeaCoast and TECO Peoples are proposing to construct a 51-mile natural gas pipeline system and associated pipeline facilities in Clay, St. Johns and Duval counties. The SeaCoast segment will extend 24 miles and the TECO Peoples segment will extend 27 miles. Approximately 5.7 miles of the 51-mile gas pipeline system are within state-owned lands and are located in Clay and Duval counties. The proposed pipeline is being constructed to serve two combustion turbines being built by JEA (formerly known as Jacksonville Electric Authority) at the Greenland Energy Center (GEC) in Jacksonville, Florida. The proposed pipeline will then have the capability to provide up to nine MMCF/Hr to GEC; an amount sufficient to cover the current and expected load to the site. Gas servicing the proposed pipeline will originate from a Florida Gas Transmission Pipeline from Texas and Louisiana and from the Southern Natural Gas pipeline system from Texas through Georgia. SeaCoast and TECO Peoples are requesting the easements for a 24-inch diameter natural gas pipeline and a 16-inch diameter natural gas pipeline on conservation land owned by the Board of Trustees, on conservation lands owned jointly by the Board of Trustees and St. Johns River Water Management District (SJRWMD) within Jennings State Forest (Jennings), and on land owned jointly by the Board of Trustees and SJRWMD in the Julington-Durbin Preserve (Preserve). SJRWMD is issuing easements directly to SeaCoast and TECO Peoples on its

5 Substitute Page Five Substitute Item 3, cont. ownership interest in Jennings and the Preserve. The impacted land located within Jennings is managed by the Department of Agriculture and Consumer Services Division of Forestry (DOF). The impacted land within the Preserve is managed by SJRWMD. The pipeline will be installed by trenching and by directional drill boring. A directional drill will take place under the St. Johns River to a depth of approximately 150-feet below the river bottom. On upland property, the pipeline will be placed a minimum of three feet below the ground surface. Jennings Easement Acquisition History and Purpose: Jennings was purchased through the Conservation and Recreation Lands Program (CARL), Preservation 2000 (P-2000) Program, and the Save Our Rivers Program in cooperation with the SJRWMD. The acquisition goals and objectives include timber management and restoration, low-impact diverse recreation uses, and management of archeological and historic sites, habitat and other biological resources. Current Use: Jennings is open to the public for hiking, bicycling, canoeing, horseback riding, and wildlife viewing. It is also open to regulated hunting and fishing. Property Impacted: Tract 11 in Clay County is owned by the Board of Trustees and the fifty-year easement will be over acres with a temporary easement over 3.05-acre and 1.98-acre parcels. Tract 14-C in Clay County is owned by the Board of Trustees and the fifty-year easement will be over acres with a temporary easement over 2.3-acre, 4.88-acre and acre parcels. Tract 7-A in Clay County is owned jointly by the Board of Trustees and SJRWMD with each holding an undivided 50 percent interest. The fifty-year easement will be over 6.84 acres with a temporary easement over 0.24-acre, 2.79-acre, acre, and acre parcels. The Preserve Easement Acquisition History and Purpose: The Preserve was purchased through the P-2000 Program, in cooperation with the SJRWMD and the City of Jacksonville (City). The acquisition goals and objectives are to manage the natural communities to perpetuate natural species composition and relative abundances, natural age structure, and natural processes; improve water quality, maintain a natural hydrological regime, and increase flood protection by preserving floodplain areas; protect cultural sites; and provide areas for natural resource-based recreation. Current Use: The Preserve is open to the public for wildlife viewing, hiking, horseback riding, bicycling, and nature study. Motorized vehicles are not permitted on the property.

6 Substitute Page Six Substitute Item 3, cont. Property Impacted: Tract 114 in Duval County is owned jointly by the Board of Trustees and SJRWMD with the Board of Trustees holding an undivided 75 percent interest and SJRWMD holding an undivided 25 percent interest. The City holds no title interest in the property. The fifty-year easement will be over 2.2 acres with a temporary easement over a 0.56-acre parcel. Acquisition and Restoration Council (ARC) Recommendation The proposed Board of Trustees easements were reviewed by ARC and found to be consistent with the Board of Trustees Linear Facilities Policy. Where possible, the easements will be colocated within an existing Florida Power & Light (FPL) electric transmission line easement in portions of Jennings and within an existing JEA electric transmission line easement in the Preserve. FPL and JEA have agreed to the co-location of the easements. Management The managing agencies, DOF and SJRWMD, have no objections to the requested easements. SeaCoast has proposed to convey a portion of an approximately 46-acre parcel within Jennings as replacement land which DOF has inspected and agreed to manage. An appraisal will be provided acceptable to the Department of Environmental Protection s (DEP) Division of State Lands (DSL), Bureau of Appraisal to determine the exact number of acres that will need to be conveyed. The parcel is to be conveyed within one year of execution of the easement. SeaCoast and TECO Peoples will pay for all due diligence products in a form acceptable to DSL. If a defect exists in the title to the parcel, title commitment, survey, environmental site assessment, or any other documents required to be provided or completed and executed, the closing shall occur either on the original closing date or within 60 days after receipt of documentation removing the defects, whichever is later. In the event issues arise during the closing process that prevent the Board of Trustees from accepting title to the parcel, SeaCoast and TECO Peoples will pay a minimum of 1.5 times the easement value in cash as additional compensation which will be deposited into the Internal Improvement Trust Fund. Environmental Resource Permit (ERP) The ERP for this project is being reviewed and will be issued through DEP s Northeast District Office. The project will also require sovereignty submerged land easements that will be issued by DEP under delegation of authority. Comprehensive Plan A consideration of the status of any local government comprehensive plans was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process. (See Attachment 3, Pages 1-17) RECOMMEND APPROVAL

7 Substitute Page Seven Substitute Item 4 Pacesetter, Inc. (Murrelle Marine) Recommended Consolidated Intent/Lease Modification REQUEST: Consideration of an application for (1) modification of a ten-year sovereignty submerged lands lease to increase the preempted area from 59,959 square feet to 144,841 square feet for a 65-slip commercial docking facility; (2) authorization for the severance of 476 cubic yards of sovereignty material; and (3) authorization for the placement of 1 cubic yard of fill and 25 cubic yards of riprap and oyster bags for a shoreline enhancement area. APPLICANT: Pacesetter, Inc. (d/b/a Murrelle Marine) Lease No ERP No LOCATION: 846 N. Dixie Highway Lantana, Palm Beach County Section 34, Township 44 South, Range 43 East, in Lake Worth Lagoon Aquatic Preserve: No Waterbody/Classification: Class III, not approved for shellfish harvesting Designated Manatee County: Yes, with an approved manatee protection plan Manatee Aggregation Area: No Manatee Protection Speed Zone: Slow speed zone, year round CONSIDERATION: $19, representing (1) $15,153.05, as the initial lease fee computed at the base rate of $ per square foot, discounted 30 percent because a minimum of 90 percent of the slips are open to the public for rent on a first-come, first-served basis; (2) $3, as the 25 percent surcharge payment for the additional area; and (3) $1, for the severance of sovereignty material computed at the rate of $2.25 per cubic yard pursuant to section (3)(a)2, F.A.C. Sales tax and county discretionary sales surtax will be assessed pursuant to sections and , F.S., if applicable. The lease fee may be adjusted based on six percent of the annual income pursuant to section (1)(a)1, F.A.C. STAFF REMARKS: In accordance with rules adopted pursuant to sections (2) and (2), F.S., this "Recommended Consolidated Notice" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. Background The existing facility was registered as a grandfathered facility (GSR No ) for a 42-slip commercial marina. On September 26, 1996, the Department of Environmental Protection (DEP) issued a regulatory exemption letter to the applicant, to repair and replace the existing docking facility. The structures, as modified, utilized the same preempted area but the total wet slip count was reduced to 39 (35 permanent and 4 temporary).

8 Substitute Page Eight Substitute Item 4, cont. On June 5, 1997, the applicant purchased the subject upland property. As a result, the registration for the grandfathered status was forfeited and lease fees in arrears were calculated from the date of the sale to May 15, Lease fees in arrears in the amount of $13, were collected by DEP and a ten-year sovereignty submerged lands lease was subsequently issued, under delegation of authority, in June The existing lease authorizes the preemption of 59,959 square feet of sovereignty submerged lands. On November 13, 2003, the applicant applied to DEP to expand the existing facility by extending the existing docks and adding 26 slips. In March 2004, the Florida Fish and Wildlife Conservation Commission (FWC) issued a letter indicating that Palm Beach County did not have an approved manatee protection plan (MPP) and therefore was unable to recommend approval of the additional slips requested. At that time, all other information requested associated with the dock construction and dredging application had been submitted and was complete. The applicant requested DEP to keep the file open until Palm Beach County s MPP was approved. In August 2007, Palm Beach County s MPP, which includes a boat facility siting component, was approved by FWC. The Boat Facility Siting Plan designates the area in which the project site is located as a preferred boat facility siting zone, which is an area appropriate for high slip development. The additional 26 slips proposed is consistent with the Boat Facility Siting Plan and with the approved MPP, according to FWC s letter dated January 27, DEP issued the applicant a Notice General Permit and Exemption letter, on November 21, 2008, for the removal of two finger piers and the construction of two new finger piers, as well as a seawall repair. The activities authorized by this letter were all within the existing lease boundaries and did not require a modification to the lease. The authorized work has been completed and did not alter the number of slips. Project Detail The applicant is proposing to expand the existing 39-slip (35 permanent and 4 temporary) docking facility by constructing 26 additional slips, thereby creating a 65-slip (61 permanent and 4 temporary) docking facility to be used in conjunction with the upland shipyard/boat repair and marina facility and 40 dry storage slips. The proposed docking facility will accommodate recreational vessels up to 80 feet in length with drafts of 4 feet. A minimum of 90 percent of all the slips will continue to be maintained on an open to the public first-come, first-served basis pursuant to section (28), F.A.C. This requirement has been included as a special lease condition. The applicant is also proposing to dredge approximately 476 cubic yards of sovereignty material from a 0.50-acre area in Lake Worth Lagoon to a depth of -4.5 feet mean low water to accommodate mooring in the new expansion area. The spoil will be temporarily stored on the adjacent uplands and ultimately disposed of in a landfill.

9 Substitute Page Nine Substitute Item 4, cont. The project site is located in a very sparse seagrass habitat. In order to offset the impacts to the sparse seagrass habitat, the applicant shall create a shoreline enhancement area by placing 1 cubic yard of fill and 25 cubic yards of riprap and oyster bags, and planting red mangroves. The toe of the riprap and oyster bags will extend no more than 10 feet waterward of the mean high water line. Noticing The proposed project was required to be noticed pursuant to section (1)(m), F.A.C. Nine property owners were specifically noticed and no objections were received. Permit Summary DEP s environmental resource permit requires a mobile sewage pumpout facility. The permit does not address fueling facilities or liveaboards in the expansion area. However, fueling facilities are authorized in the existing lease and will continue to be authorized in the proposed lease modification. Liveaboards are not authorized in the existing lease and will not be authorized in the proposed lease expansion. Commenting Agency The recommendations of FWC regarding the protection of manatees have been addressed in the permit. Palm Beach County is a designated manatee county with an approved MPP. FWC stated the proposed project is consistent with the Boat Facility Siting Plan and with the approved MPP. Comprehensive Plan A local government comprehensive plan has been adopted for this area pursuant to section , F.S. The Department of Community Affairs determined that the plan is in compliance. The proposed action is consistent with the adopted plan according to a letter received from the Town of Lantana. (See Attachment 4, Pages 1-28) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION, THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $19, Substitute Item 5 Yachting Promotions, Inc. Recommended Consolidated Intent/Special Events Lease REQUEST: Consideration of an application for renewal and modification of a one-year Class IV special events, sovereignty submerged lands lease to increase the preempted area from 475,199 square feet to 1,183,551 square feet, more or less, for a commercial temporary docking facility associated with the Palm Beach International Boat Show. APPLICANT: Yachting Promotions, Inc. (Yachting Promotions) Lease No Application No

10 Substitute Page Ten Substitute Item 5, cont. LOCATION: Flagler Avenue (between Banyan Boulevard and Myrtle Street) West Palm Beach, Palm Beach County Section 22, Township 43 South, Range 43 East Aquatic Preserve: No Waterbody/Classification: Lake Worth Lagoon, Class III, not approved for shellfish harvesting Outstanding Florida Water: No Designated Manatee County: Yes, with an approved manatee protection plan Manatee Aggregation Area: No Manatee Protection Speed Zone: Slow speed year round/specified channels excluded CONSIDERATION: $16,946.19, representing: (1) $14, as a one-month special event lease fee computed at the base rate of $ per square foot; and (2) $2, as the 25 percent surcharge payment for the additional area. The special lease fee may be adjusted based on five percent of the gross rental income generated over sovereignty submerged lands from the special event, pursuant to section (1)(d), F.A.C. STAFF REMARKS: In accordance with rules adopted pursuant to sections (2) and (2), F.S., this "Recommended Consolidated Notice" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. Project Synopsis Yachting Promotions has applied for renewal and modification of a Class IV special events lease to operate the annual Palm Beach International Boat Show (Boat Show). The proposed project will incorporate additional docking structures and preempted areas that were previously within the City of West Palm Beach (City)-owned submerged lands. Background Yachting Promotions first obtained a permit from the Department of Environmental Protection (DEP) to operate the Boat Show in At the time, the Boat Show was only preempting Cityowned submerged lands; therefore a lease was not required to operate the temporary docking facility. In 1998 it was discovered by DEP that the Boat Show had exceeded the City-owned submerged land boundaries and had preempted 200,100 square feet (4.594 acres) of sovereignty submerged lands during the 1997 and 1998 Boat Shows. Civil penalties for the regulatory violations were collected in the amount of $23,250.

11 Substitute Page Eleven Substitute Item 5, cont. On March 9, 1999, the Board of Trustees approved assessing Yachting Promotions lease fees in arrears with interest in the amount of $4, and a $5,000 administrative fine for the 1997 and 1998 Boat Shows. The Board of Trustees also approved a five-year Class IV special events lease containing 435,045 square feet (9.987 aces) for a commercial temporary docking facility to conduct a portion of the Boat Show on sovereignty submerged lands. On March 11, 2004, an application for a five-year renewal and expansion was approved, under delegation of authority. The nine percent expansion increased the sovereignty submerged lands preempted area by an additional 40,154 square feet from 435,045 square feet to 475,199 square feet ( acres). On July 31, 2007, the Board of Trustees accepted the conveyance of 370,695.6 square feet (8.51 acres) of City-owned submerged lands back to the state. As a result of this conveyance, Yachting Promotions was required to obtain a lease modification to incorporate the previously City-owned submerged lands into the lease. On April 14, 2008, Yachting Promotions lease expired and on January 29, 2009 the special events permit expired. On March 3, 2009, DEP received a construction commencement notice from Yachting Promotions that stated the dock installation would commence on March 13, 2009 and breakdown on April 4, While contact was initiated by Yachting Promotions via the construction notice, insufficient information and time was provided in order to grant a renewed and modified special events lease and permit therefore the 2009 Boat Show was held without a valid permit or lease. Yachting Promotions has paid $26,250 in civil penalties for the regulatory violations, $13,125 in administrative fines for the proprietary violations, and $1,000 for costs and expenses, totaling $40,375. Project Description The 2010 Boat Show will have 621 slips available and will preempt approximately 1,183,551 square feet ( acres) of sovereignty and state-owned submerged lands from March 25-28, The proposed lease will incorporate additional docking structures and preempted areas that were previously within the City-owned submerged lands area and additional sovereignty submerged lands. The preempted area will increase from 475,199 square feet to 1,183,551 square feet, an increase of 708,352 square feet. The 708,352-square-foot increase consists of 370,695.6 square feet (8.51 acres) of previously City-owned submerged lands and 337,656.4 square feet (7.752 acres) of additional sovereignty submerged lands. Based on Yachting Promotions history of non-compliance, DEP is recommending the Board of Trustees approve a one-year lease instead of a five-year lease as requested by Yachting Promotions. If Yachting Promotions is in compliance with its lease at the end of the one-year term, DEP, under delegation of authority, will renew the lease for an additional four-year term. However, if Yachting Promotions is not in compliance at the end of the one-year term, the lease renewal will be brought to the Board of Trustees for its consideration.

12 Substitute Page Twelve Substitute Item 5, cont. Pursuant to section (2)(c)2., F.A.C., the time of preemption, including installation of the structures, the event itself and removal of the structures, shall not exceed 30 days. Boat brokers and exhibitors will rent mooring space from Yachting Promotions. Noticing The project was noticed pursuant to section , F.S., and section (3), F.A.C., and no objections were received. Permit Summary DEP s environmental resource permit will prohibit fueling facilities, sewage pumpout facilities and will prohibit permanent liveaboards, except for crews of the vessels. The crews are authorized to remain overnight with their vessels for safety purposes only. Commenting Agency The recommendation of the Florida Fish and Wildlife Conservation Commission (FWC) regarding the protection of manatees had been addressed in the environmental resource permit. Palm Beach County is a designated manatee county with an approved manatee protection plan. FWC has determined that the proposed project is consistent with the plan. Comprehensive Plan A local government comprehensive plan has been adopted for this area pursuant to section , F.S. The Department of Community Affairs determined that the plan is in compliance. The proposed action is consistent with the adopted plan according to a letter received from the City of West Palm Beach. (See Attachment 5, Pages 1-41) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITION AND PAYMENT OF $16,946.19