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2011-080
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Last modified
1/29/2016 12:13:38 PM
Creation date
10/1/2015 2:14:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
03/22/2011
Control Number
2011-080
Agenda Item Number
8.I.
Entity Name
Board of Trustees Internal Improvement Trust Fund
Subject
Jones Pier Dock Submerged Lands Lease Renewal
Area
Jones Pier Indian River Lagoon
Project Number
310025634
Supplemental fields
SmeadsoftID
9694
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17. 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 renewal or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee <br /> shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased <br /> premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner <br /> which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term <br /> of this lease renewal (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided . <br /> 18 . 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 render <br /> the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent <br /> breach or breaches . <br /> 19 . PERMISSION GRANTED : Upon expiration or cancellation of this lease renewal all permission granted hereunder <br /> shall cease and terminate. <br /> 20. 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 that <br /> time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal . <br /> Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration <br /> date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the <br /> previous lease term. If the Lessee fails to timely apply for a renewal , or in the event the Lessor does not grant a renewal, the <br /> Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. <br /> The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative <br /> covenant upon the Lessee ' s interest in the riparian upland property more particularly described in Attachment B, which shall run <br /> with the title to the Lessee ' s interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in <br /> title or successors in interest. <br /> 21 . 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 renewal, such structures <br /> and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited <br /> structures and equipment after ten ( 10) days written notice by certified mail addressed to the Lessee at the address specified in <br /> Paragraph 13 or at such address on record as provided to the Lessor by the Lessee . However, such remedy shall be in addition to <br /> all other 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 /> 22 . REMOVAL COSTSILIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of <br /> Paragraph 21 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 Lessee ' s <br /> interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee ' s interest in <br /> the riparian upland property shall be enforceable in summary proceedings as provided by law. <br /> 23 . RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease renewal 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 shall <br /> provide to the Lessor within ten ( 10) days following the recordation a copy of the recorded lease in its entirety which contains the <br /> O .R. book and pages at which the lease is recorded. <br /> 24 . RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is <br /> determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian <br /> rights, Lessee agrees to either obtain. written consent for the offending structure from the affected riparian owner or to remove the <br /> interference or encroachment within 60 days from the date of the adjudication . Failure to comply with this paragraph shall <br /> constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this lease renewal <br /> agreement at the option of the Lessor. <br /> Page 4 of 15 Pages <br /> Sovereignty Submerged Lands Lease No. 310025634 <br />
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