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2016-105
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Last modified
7/21/2016 2:12:38 PM
Creation date
7/21/2016 2:12:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
07/12/2016
Control Number
2016-105
Agenda Item Number
8.P.
Entity Name
Board of Trustees of Internal Improvement Trust Fund
Subject
Sovereignty Submerged Lands Fee Waived Lease
Area
Archie Smith Fish House
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8. ASSIGNMENT OF LEASE. This lease shall not be assigned or otherwise transferred without prior written <br /> consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions <br /> and provisions of management standards and applicable laws,rules and regulations in effect at that time. Any assignment or <br /> other transfer without prior written consent of the Lessor shall be null and void and without legal effect. <br /> 9. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every <br /> nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or <br /> omissions of that party and the officers,employees and agents thereof Nothing herein shall be construed as an indemnity or a <br /> waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended from <br /> time to time,or any other law providing limitations on claims. <br /> 10.NOTICES/COMPLIANCE/TERMINATION.The Lessee binds itself,its successors and assigns,to abide by the <br /> provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,its <br /> successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, <br /> or in the event the Lessee violates any of the provisions and conditions herein set forth,and the Lessee fails or refuses to <br /> comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease <br /> may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described <br /> parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or <br /> administrative rules shall be sufficient if sent by U.S.Mail to the following address: <br /> Indian River County,Florida <br /> c/o Roland DeBlois <br /> 1801 27'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. <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 /> Page 3 of 18 Pages <br /> Sovereignty Submerged Lands Lease No.310008014 <br />
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