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2017-145
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Last modified
10/19/2017 2:21:39 PM
Creation date
10/6/2017 12:58:57 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
10/03/2017
Control Number
2017-145
Agenda Item Number
8.J.
Entity Name
Board of Trustees of Internal Improvement Trust Fund of Florida
Subject
Sovereignty Submerged Lands Fee Waived Lease Renewal
Area
Jones Pier Site
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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 <br />the 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 <br />in 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 rights, 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 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 <br />leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any <br />structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior <br />written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major <br />repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without <br />prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures <br />shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to <br />administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural <br />repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or <br />welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. <br />Page 4 of 13 Pages <br />Sovereignty Submerged Lands Lease No. 310025634 <br />
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