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Last modified
12/1/2015 1:55:56 PM
Creation date
10/1/2015 5:18:56 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/11/2013
Control Number
2013-104
Agenda Item Number
12.A.1
Entity Name
Grand Harbor Community Association,Inc.
Subject
Improvement and Maintenance of Boat Club Island
Area
Spoil Island IR-25 Boat Club Island
Supplemental fields
SmeadsoftID
11947
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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-DISCRIIVIINATION: 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 shall <br /> post and maintain the placard famished 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 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. KENEWAL 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 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 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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