Okaloosa County BOCC — January 21, 2014 — reading text

Lessor, ancl the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at SLlch address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all shuctures and the right to impose adm.inish·ative fines. 21. REMOVAL COSTS/LIEN ON RlPARlAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, any costs incurred by the Lessor in removal of any structmes and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constihlte a lien upon the Lessee's interest in the riparian upland properly that is more particularly described in Attachment:12.. This lien on the Lessee's interest in the riparian upland properly shall be enforceable in SUl1U11ary proceedings as provided by law. 22. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. 23. RlPARIAN RlGl-ITS/FINAL ADJ1JDICATION: In the event that any part of any Sh'llcture authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending struct1ll'e from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constihlte a material breach of this lease agreement and shall be grounds for inunediate termination of this lease agreement at the option of the Lessor. Packet Pg. 507 ; 24. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, anclmust comply with the rules ancl statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification oftbe lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 25. ADVERTISEMENT/SIGNSINON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIESfIvlINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating stTuctures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structmes and/or activities including dredging, relocation/realiglUnent or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structmes shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter] 8- ]4, Floricla Administrative Code. This condition does not apply to minor Shl.lctural repairs required to maintain the authorized structl.lreS in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease. 26. USACE AUTHORIZATION: Prior to conU11encement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE . Any modifications to the COnShl.lction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior wlitten approval of the Lessor prior to the conU11encement of construction and/or any activities on sovereign, submerged lands. 27. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statlltes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 28. LIVEABOARDS: The tel111 "liveaboard" is defined as a vessel clocked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) clays within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall snch "liveaboarcl" status exceed six (6) 1110nths within any twelve (12) month period, nor shall any such vessel constil11te a legal or primary residence. 29. GAMBLING VESSELS : During the term of this lease ancl any renewals, extensions, modifications or assig1U11ents thereof, Lessee shall prohibit the operation of or entTy onto the leased premises of gambling cruise ships, or vessels that are used principally for the plllpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and retl.U'n to the state of Florida without an intervening stop within another state or foreign counh'y or waters within the jurisdiction of another state or foreign COtlntTY, and any watercraft used to carry passengers to and from such gambling cruise ships. 3~. FINANCIAL CAPABILITY: To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease, the Lessee certifies to the Lessor as follows: (i) the Lessee is not the subject ofa pending bankruptcy proceeding; (ii) the Lessee has no unsatisfied judgments entered against it; (iii) the Lessee has satisfied all state and local taxes for which it is responsible; and (iv) no other matters are pending or threatened against or affecting the' Lessee or the Lessee's interest in the riparian upland property thal would impair the Lessee's financial capability to undertake and operate the project authorized by this lease. Any breacli of this lease condition shall constitl1te a default under this lease. 31. SPECIAL LEASE CONDITIONS: A. The Lessee shall prohibit any mooring, 011 either a temporary or permanent basis, along the sides of the) eastern and western face of the main access dock. To ensure compliance, the Lessee agrees to place and maintain: (1) a 3-foot high railing along the east and west face of the stll.lctl.ll'e, and (2) signs advising boaters that mooring either onPacket Pg. 508 a temporary or penmnent basis is prohibited. \ ! t B. Within 10 days of completion of the docking facility, handrails and "no-mooring" signs shall be installed along all portions of the docking facility adjacent to non-mooring areas. Handruils shall be constructed to eliminate access to the docking facility by boaters and shall be maintained for the life of the docking facility. C. Any vesselmoorecl at the clocking facility, on either a temporary or permanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A ancl no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including Clll parts ancl accessories such as outboarcll11otors, bow pulpits, and swim platforms. D . The Lessee shall install and maintain, during the term of this lease and all subsequent renewal terms, reflective markers and lighted aids to navigation at all distant corners of the clocking facility and shall operate said lights Clt night or in conditions of reduced visibility . E. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 ancl328, Florida Statutes, or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. F. All vessels that moor, dock, or otherwise use the leased premises shall be maintained in a fully operational condition. Packet Pg. 509 .... \ WITNESSES: -M~ Original Signahlre .' : "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instnlll1ent was acknowledged before me this ll~ day of Qt~r ,2oLL, by Jeffery M. Gentry Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands , State of Florida Department of Enviro1U11ental Protection, as a el for and on behalf of the Board of Trustees of the Internal rovement Trust Fund of the State of Florida. He is p 'son DEP Printed, Typed or S .ijI'I;IioV'~~U'I...~, ........ Notary Public State of Florida My Conmussion E Kathy C Griffin My Commission 00727692 Explr.. 1013012011 Conmussion/Serial No. _ _ _ _ _ _ _ _ _ _ _ _ _ __ WITNESSES: _ _ _-'-"CSEAL) B ,t . ._ - - - - - - - - - - Original Signahlre {bAIL C!..LUCk