Laserfiche WebLink
17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject <br />to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. <br />In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of <br />any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant <br />a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at <br />its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative <br />covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with <br />the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in <br />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 10 <br />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 structures <br />and the right to impose administrative fines. <br />19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 <br />of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands <br />shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland <br />property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property <br />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 is <br />determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian <br />rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the <br />interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall <br />constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the <br />option of the Lessor. <br />21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions <br />are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed <br />by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification <br />or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install <br />boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local <br />regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking <br />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 leased <br />premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures <br />whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent <br />from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or <br />renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written <br />consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered <br />unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter <br />18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized <br />structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall <br />not exceed the activities authorized by this lease. <br />Page 4 of 18 Pages <br />Sovereignty Submerged Lands Lease No. 310008014 <br />