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2010-067
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2010-067
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Last modified
1/7/2016 3:09:05 PM
Creation date
10/1/2015 2:05:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
03/09/2010
Control Number
2010-067
Agenda Item Number
8.I.
Entity Name
Boat Club Island (aka Spoil Island IR25)
Subject
Submerged Lands Fee Waived Lease
Supplemental fields
SmeadsoftID
9605
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12 . NUISANCES OR ILLEGAL OPERATIONS : The Lessee shall not permit the leased premises or any part thereof <br /> to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are <br /> consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or <br /> illegal operations of any kind on the leased premises . <br /> 13 . MAINTENANCE OF FACILITY/RIGHT TO INSPECT : The Lessee shall maintain the leased premises in good <br /> condition , keeping the structures and equipment located thereon in a good state of repair in the interests of public health , safety <br /> and welfare . No dock or pier shall be constructed in any manner that would cause harm to wildlife . The leased premises shall <br /> be subject to inspection by the Lessor or its designated agent at any reasonable time . <br /> 14 . NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual 's <br /> race , color, religion , sex, national origin , age, handicap , or marital status with respect to any activity occurring within the area <br /> subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term , the Lessee <br /> shall <br /> post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises <br /> or adjacent business office of the Lessee . It shall be the responsibility of the Lessee to post the placard in a manner which <br /> will <br /> provide protection from the elements, and , in the event that said placard becomes illegible at any time during the term of this <br /> lease ( including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided . <br /> 15 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures, on the part of the Lessor to enforce any <br /> provision , nor any waiver or successive waivers on its part of any provision herein , shall operate as a discharge thereof or <br /> render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of <br /> subsequent breach or breaches . <br /> 16 . PERMISSION GRANTED : Upon expiration or cancellation of this lease all permission granted hereunder shall <br /> cease and terminate . <br /> 17 . RENEWAL PROVISIONS : Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be <br /> subject to the terms, conditions and provisions of management standards and applicable laws , rules and regulations in effect at <br /> that time . In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a <br /> renewal . Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to <br /> the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on <br /> the last day of the previous lease term . If the Lessee fails to timely apply for a renewal , or in the event the Lessor does <br />not <br /> grant a renewal , the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected <br /> thereon at its expense . The obligation to remove all structures authorized herein upon termination of this lease shall constitute <br /> an affirmative covenant upon the Lessee ' s riparian upland easement that is more specifically described in Attachment B, which <br /> shall run with the title to said easement, and shall be binding upon Lessee and Lessee ' s successors in interest. <br /> 18 . REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES : If the Lessee does not remove said structures and <br /> equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and <br /> equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures <br /> and equipment after ten ( 10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph <br /> 8 or at such address on record as provided to the Lessor by the Lessee . However, such remedy shall be in addition to all <br />other <br /> remedies available to the Lessor under applicable laws , rules and regulations including the right to compel removal of all <br /> structures and the right to impose administrative fines . <br /> 19 . REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY : Subject to the noticing provisions of <br /> Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or <br /> maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of <br /> the Lessee ' s riparian upland easement that is more particularly described in Attachment B . This lien shall be in its uplands <br /> enforceable in summary proceedings as provided by law . <br /> 20 . RECORDATION OF LEASE : The Lessee , at its own expense , shall record this fully executed lease in its <br /> entirety in the public records of the county within which the lease site is located within fourteen ( 14) days after receipt, and <br /> shall provide to the Lessor within ten ( 10) days following the recordation a copy of the recorded lease in its entirety which <br /> contains the O . R. Book and pages at which the lease is recorded . <br /> Page 3 of 16 Pages <br /> Sovereignty Submerged Lands Lease No . 310345813 <br />
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