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07/12/2016 (5)
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07/12/2016 (5)
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9/29/2016 11:50:50 AM
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9/29/2016 11:50:07 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/12/2016
Meeting Body
Board of County Commissioners
Subject
Fellsmere Roads
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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 Lessor shall 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 B'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 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 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 /> 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 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 /> 20.RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder <br /> is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent <br /> riparian nghts,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to <br /> remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this <br /> paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this <br /> lease agreement at the option of the Lessor. <br /> 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its <br /> provisions are not severable. Any amendment or modification to this lease 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 <br /> the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized <br /> by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that <br /> (a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not <br /> increase the mooring capacity of the facility. <br /> 22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL <br /> ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public <br /> advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining <br /> activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures, <br /> fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty <br /> submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, <br /> relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over <br /> sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the <br /> Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall <br /> subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to <br /> minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, <br /> safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this agreement. <br /> Page 4 of 18 Pages <br /> Sovereignty Submerged Lands Lease No.310008014 <br /> 122 <br />
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