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2008-351
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2008-351
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Last modified
4/18/2016 10:44:52 AM
Creation date
10/1/2015 12:47:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
11/04/2008
Control Number
2008-351
Agenda Item Number
8.Q.
Entity Name
Board of Trustees of Internal Improvement Trust Fund
Subject
Archie Smith Fish House Dock Facility with DEP
Sovereignty Submerged Lands Lease
Area
Archie Smith Fish House
Supplemental fields
SmeadsoftID
7688
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3 . EXAMINATION OF LESSEE' S RECORDS: The Lessor is hereby specifically authorized and empowered to <br /> examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, <br /> records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in <br /> paragraph two (2) above. <br /> 4. MAINTENANCE OF LESSEE ' S RECORDS: The Lessee shall maintain separate accounting records for: <br /> (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of <br /> the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The <br /> Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. <br /> This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease <br /> verification purposes by the Lessor . <br /> 5. PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by <br /> reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. <br /> The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's <br /> leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or <br /> cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, <br /> or the use thereof, may be purchased, sold, or re-sold. <br /> 6. INTEREST IN RIPARIAN UPLAND PROPERTY• During the term of this lease, the Lessee shall maintain a <br /> leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be <br /> terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in <br /> the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the <br /> existence of this lease and all its terns and conditions and shall complete and execute any documents required by the Lessor to <br /> effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility <br /> for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or <br /> penalty assessments incurred prior to such act. <br /> 7. 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 /> 8. INDEMNIFICATIONANVESTIGATION OF ALL CLAIMS,• The Lessee shall investigate all claims of every <br /> nature at its expense. Each parry 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 /> 9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation <br /> between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. <br /> Page L of 15 Pages <br /> Sovereignty Submerged Lands Lease No. 31 014 <br />
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