Okaloosa County BOCC — January 21, 2014 — reading text

interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. 4. LATE FEE ASSESSMENTS : The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date . This assessment shall be computed at the rate of twelve percent (12%) per alUlUm, calculated on a daily basis [or every day the payment is late. 5. EXANIINATION OF LESSEE'S RECORDS : For plllvoses of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years , at all reasonl1ble hours , the books, records, contracts, and other documents con"finning and pertaining to the computation of annual lease payments as specified in paragraph two (2) above . 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the gross revenue derived directly fr0111 the use of the leased premises, (ii) the gross revenue derived indirectly fr0111 the use of the leased premises, and (iii) all other gross revenue derived [rom the Lessee's operations Oil the riparian upland property. The Lessee shall sectHe, maintain and keep all records for the entire term o[ this lease plus three (3) additional years . This period shall be extended for an additional two (2) years lIpon request for examination of all records ancl accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the Slate of Florida Department of Environmental Protection Consolidated Wetland Resource Perm.it. The Lessee shall not (i) change or acid to the approved use of the leased premises as defineci herein (e .g., from conunercial to multi-family resiclentia I, [r0111 temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking 0 f cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading conU11ercial to rental of wet slips, etc.); (ii) change activities in any maImer that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment:!2. without "first obtaining a regulatory permit/modi fied permit, if applicable, the Lessor's written authorization in the form of a mociified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any strucl1l1'es which may no longer qualify for authoriz(l tion under the modified lease. 8. PROPERTY RIOl-ITS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to saicllancl hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of privale ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold . Packet Pg. 505 .. ., ~ 9. INTEREST IN RlPARIAN UPLAND PROPERTY : During the term of this lease, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment 12. and by reference made a part hereof together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute and docllments required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this leQse, current mQnagement standards and applicable laws , rules and regulations in effect at that time . Any assiglUl1ent or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indenulify, defend and save and hold harmless the Lessor Qnd the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. 12. NOTICES/COMPLIANCEITER.NIINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns . In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth , and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days writien notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. Allllotices required to be given to the Lessee by this lease or applicable law or administrative rules shal1 be sufficient if sent by U.S. Mail to the following address : Destin West Marina, LLC 1500 Miracle Sl1"ip Parkway Fort Walton Beach, Florida 32548 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 13 . TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed anclleviecl against the subject property during the effective period of this lease . 14. NUISANCES OR ILLEGAL OPERATIONS : The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless sllch proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises . 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the strllctures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare . No dock or pier shall be constl11cted in any maimer that would cause harm to wildlife . The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. Packet Pg. 506  16. NON-DISCRlMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicl1p, or marital statlls with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used l1S an adjunct of the leased arel1. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee . It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that saicl placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 17 . ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the pmt of the Lessor to enforce any provision, nor any waiver or successive waivers on ils part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of Ihe Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches . 18. PERlvIISSION GRANTED: Upon expiration or cancellation of this lease all permission gnll1ted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in [1111 compliance wilh the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewall11l1st be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration clate of the original or current term hereof. The term of any renewal granted by the Lessor shall conunence on the last day of the previou~ lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structllres authorized herein upon termination of this lease shall constitute an afflrmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attac11111ent;a, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES/ADMINISTRATIYE FINES : If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be cleemed forfeited to the