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Last modified
1/29/2016 12:13:38 PM
Creation date
10/1/2015 2:14:46 AM
Metadata
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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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25 . AMENDMENTS/MODIFICATIONS : This lease renewal is the entire and only agreement between the parties. Its <br /> provisions are not severable. Any amendment or modification to this lease renewal must be in writing, must be accepted, <br /> acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the <br /> execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this <br /> lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the <br /> Lessee obtains any state or local regulatory permit that may be required ; and (b) the location or size of the lift does not increase <br /> the mooring capacity of the docking facility . <br /> 26 . ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR <br /> STRUCTURAL REPAIRS : No permanent or temporary signs directed to the boating public advertising the sale of alcoholic <br /> beverages shall be erected or placed within the leased premises . No restaurant or dining activities are to occur within the leased <br /> premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures <br /> whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent <br /> from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or <br /> renovations to authorized structures, shall be erected or conducted on or over sovereignty , submerged lands without prior written <br /> consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered <br /> unauthorized and a violation of Chapter 253 , Florida Statutes, and shall subject the Lessee to administrative fines under Chapter <br /> 18- 14, Florida Administrative Code . This condition does not apply to minor structural repairs required to maintain the authorized <br /> structures in a good state of repair in the interests of public health, safety or welfare ; provided, however, that such activities shall <br /> not exceed the activities authorized by this agreement. <br /> 27 . COMPLIANCE WITH FLORIDA LAWS : On or in conjunction with the use of the leased premises, the Lessee <br /> shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity <br /> which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination <br /> of this lease by the Lessor. <br /> 28 . LIVEABOARDS : The term " liveaboard " is defined as a vessel docked at the facility and inhabited by a person or <br /> persons for any five (5) consecutive days or a total of ten ( 10) days within a thirty (30) day period. If liveaboards are <br /> authorized by paragraph one ( 1 ) of this lease, in no event shall such " liveaboard " status exceed six (6) months within any <br /> twelve ( 12) month period, nor shall any such vessel constitute a legal or primary residence . <br /> 29 . GAMBLING VESSELS : During the term of this lease and any renewals, extensions, modifications or <br /> assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or <br /> vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where <br /> the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters <br /> within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such <br /> gambling cruise ships . <br /> 30 . SPECIAL LEASE CONDITIONS : Should a field survey acceptable to the Lessor be required or obtained after <br /> the effective date of this lease, the annual lease fees due hereunder shall be adjusted to reflect the increase or decrease in the <br /> total preempted area shown by the survey. Any such adjustment shall be effective from the date of the acceptable survey and <br /> shall be prospective only. No reimbursement or credit shall be given to the Lessee by the Lessor for overages, and no charge <br /> shall be imposed by the Lessor for shortages unless the error resulted from inaccurate information supplied by the Lessee . <br /> Page 5 of 15 Pages <br /> Sovereignty Submerged Lands Lease No. 310025634 <br />
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