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2015-026
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2015-026
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Last modified
4/2/2018 3:42:09 PM
Creation date
4/26/2016 1:29:19 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
02/17/2015
Control Number
2015-026
Agenda Item Number
8.L.
Entity Name
Board of Trustees Internal Improvement Trust Fund
Subject
Boat Club Island Sovereignty Submerged Lands
Fee Waived Lease
5 year Renewal
Area
Spoil Island IR-25
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A TRUE COPY <br />CERTIFICATION ON LAST PA <br />J.R. SMITH. CLERK <br />Indian River County, Florida <br />1801 -27th Street <br />Vero Beach, Florida 32960 <br />The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is <br />effective. <br />11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the <br />subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind <br />and description which are now or may be hereafter lawfully assessed and levied against the subject property during the <br />effective period of this lease. <br />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. Dunng the lease term, the Lessee 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 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 nght 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 that <br />time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The <br />term of any renewal granted by the Lessorshall commence on the last day of the previous lease term. In the event the Lessor <br />does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and <br />erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall <br />constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in <br />Attachment A, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the <br />Lessee and the Lessee's successors in title or 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 authonze 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 />10 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 />Page 3of11 <br />Sovereignty Submerged Lands Lease No. 310345813 <br />
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