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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/RIGBT 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-DISCPJN 1NATION: 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 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 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 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 specioed 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 />• e <br />• <br />