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Reso 2012-1951
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Reso 2012-1951
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Last modified
9/19/2012 2:46:27 PM
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9/19/2012 2:46:05 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1951
Date (mm/dd/yyyy)
07/19/2012
Description
Approving the renewal of an agmt between the Board of Trustees of the Internal Improvement Trust Fund and the City
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16.RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall <br /> be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect <br /> at that time. In the event that Lessee is in full compliance with the terms of this lease,the Lessee may apply in writing for a <br /> renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to <br /> the expiration date of the original or current tens hereof. The term of any renewal granted by the Lessor shall commence on <br /> the last day of the previous lease term. If the Lessee fails to timely apply for a renewal,or in the event the Lessor does not <br /> grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected <br /> thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute <br /> an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment <br /> B ,which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon lessee and <br /> Lessee's successors in title or successors in interest. <br /> 17.REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures <br /> and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease,such structures <br /> and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited <br /> structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified <br /> in Paragraph 9 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in <br /> addition to all other remedies available to the Lessor under applicable laws,rules and regulations including the right to <br /> compel removal of all structures and the right to impose administrative fines. <br /> 18. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of <br /> Paragraph 17 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 <br /> interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. <br /> 19.RECORDATION OF LEASE: The Lessee,at its own expense,shall record this fully executed lease in its <br /> entirety in the public records of the county within which the lease site is located within fourteen(14)days after receipt,and <br /> shall provide to the Lessor within ten(10)days following the recordation a copy of the recorded lease in its entirety which <br /> contains the O.R.Book and pages at which the lease is recorded. <br /> 20.RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized <br /> hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with <br /> adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian <br /> owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply <br /> with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination <br /> of this 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 <br /> of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is <br /> authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease <br /> provided that(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of <br /> the lift does not 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 /> activitiesexcept as authorized in this lease and conditioned by Special Lease Condition No.27 A,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 <br /> major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands <br /> without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or <br /> structures 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 33 Pages <br /> Sovereignty Submerged Lands Lease No.130174356 <br /> SIB <br />
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