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2021-097
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Last modified
8/16/2021 3:46:22 PM
Creation date
7/20/2021 12:42:01 PM
Metadata
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Template:
Official Documents
Official Document Type
Lease
Approved Date
07/13/2021
Control Number
2021-097
Agenda Item Number
8.L.
Entity Name
Board of Trustees Internal Improvement Trust Fund of Florida
Subject
Sovereignty Submerged Lands Fee Waived Lease 5-Year Renewal for Archie Smith Fish House
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8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of <br />the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions <br />of this lease, current 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. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its <br />expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of <br />that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of <br />sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, <br />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, or <br />in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply <br />with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be <br />terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land <br />shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules <br />shall be sufficient if sent by U.S. Mail to the following address: <br />Indian River County, Florida <br />1801 27th Street, Building A <br />Vero Beach, FL 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 subject <br />property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and <br />description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective <br />period of this lease. <br />12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to <br />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-DISCRIIyIINATION: The Lessee shall not discriminate against any individual because of that individual's race, <br />color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject <br />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 render <br />the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent <br />breach or breaches. <br />16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease <br />and terminate. <br />Page 3 of 18 Pages <br />Sovereignty Submerged Lands Lease No. 310008014 <br />
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