Okaloosa County BOCC — January 21, 2014 — H - FDEP Submerged Land Lease (2 of 2) — reading text

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.  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 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. ; 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