Text from actual Submerged Lands Lease of Shoreline Resident with personal information removed .
This Lease of Lake Erie Submerged Lands is entered into by and between the State of Ohio, acting through the Director, Ohio Department of Natural Resources, hereinafter referred to as the State, and LAKEFRONT LAND OWNER, his/her successors or assigns, whose address LAKEFRONT LAND OWNER ADDRESS hereinafter referred to as Lessee, pursuant to the provisions of Sections 1501.01, 1504.02, 1506. 1 0 and 1506.1 1, Ohio Revised Code and the rules promulgated under Chapter 119, Ohio Revised Code, and authorized by Section 1506.02, Ohio Revised Code.
WHEREAS, LAKEFRONT LAND OWNER has submitted to the Director of Natural Resources an application for a Lake Erie submerged lands lease of fifty (50) years for shoreline protection and a private dock.
WHEREAS, the Director of Natural Resources has determined that a Lake Erie submerged lands lease may be entered into with LAKEFRONT LAND OWNER.
WHEREAS, said Lake Erie submerged lands, hereinafter referred to as the Property, is described as follows:
Description
[Property Description Goes Here]
(Page 1 of 8) NOW THEREFORE, the State, in consideration of the mutual covenants and agreements hereinafter set forth, does hereby grant this Lease to LAKEFRONT LAND OWNER, under the following terms and conditions:
1. TERM This Lease shall be for a period of fifty (50) years , commencing START DATE, 1999, ending END DATE, 2049. Upon the expiration of the term of this Lease, Lessee may apply to the State for a new lease in accordance with any and all laws and regulations pertaining to the leasing of Lake Erie submerged lands in effect at that time.
2. CONSIDERATION The annual rental for the first five (5) year period of this Lease shall be $[xxx.xx] per year. The rent shall not be modified during the five (5) year period except as provided in Section 3 and Section 7 herein. However, prior to the expiration of each five (5) year period, the Director of the Department of Natural Resources shall review the rental rate,. The rental rate shall be recalculated in accordance with the provisions of Rule 1501-6-06 of the, Ohio Administrative Code. There will be no increase based upon improvements funded by sources other than the Department of Natural Resources- The State will make a reasonable effort to notify Lessee of any rental adjustment, in writing, not less than ninety (90) days prior to the end of each five (5) year period of this Lease. The fist rental payment shall be computed from START DATE, and shall be due upon receipt of a billing statement from the Ohio Department of Natural Resources. All subsequent rental payments shall be due by [Month, Day, Year], in each and every year thereafter. If any payment is not received by the due date, whether or not a demand for payment is made , the State, at its option, may terminate this Lease. All rental payments are to be made payable to Ohio Department of Natural Resources and delivered to Division of Real Estate and Land Management, Real Estate Section, Fountain Square, Building C-4, Columbus, Ohio 43224, or as otherwise may be directed in writing by the Ohio Department of Natural Resources. Obligations of the State are subject to the provisions of Section 126.07 of the Ohio Revised Code.
3. USE (Page 2 of 8) Lessee shall use and occupy the property for [Specific use goes here]. Any future improvements to the existing facilities, the construction of new facilities, or any change in the existing use of the Property shall require the prior written approval of the Director , Department of Natural Resources. Any change in use approved by the Director, Ohio Department of Natural Resources, may also result in a re-evaluation of the rent , and this Lease, shall, accordingly, be amended to reflect the proper rent as assigned by the Director based on such change in use. Routine maintenance, which does not Constitute any additional improvements or development of the Property, any improvement to the existing facilities, the construction of new facilities, or any change in the use of the Property stated above, shall not require the prior written approval of the Director of the Department of Natural Resources. This Lease is made subject to all prior leases or grants on any portion of the Property, and to the renewal thereof. The State also reserves the right to grant utility or leases across, under, on or in the Property. Lessee shall not place any fill material outside the limits of this Lease, and shall be liable for any and all damages resulting from such violation and shall be subject to subsequent cancellation of this Lease under the default provision herein. This Lease shall be subject to any and all local, state or federal laws or regulations. The issuance of this Lease does not release the Lessee from obtaining any and all other permits or documents from any local, state or federal agency as required for the use of the property. Failure to obtain any required permits or documents shall be a violation of this Lease and cause this Lease to be subject to cancellation under the default provisions herein. This Lease does not express or imply any control of fisheries or aquatic wildlife now vested in the Department of Natural Resources, Division of Wildlife. Lessee shall at all times respect the littoral rights of neighboring upland owners, as well as the public's right to the free and unrestricted use of the waters outside the limits of this Lease. The Property shall be subject to the public's right of navigation in and around any structures located on the Property. However, the public's right of navigation shall be limited to the extent that it does not interfere with Lessee's safe use of Lessee's structures. Lessee shall not refuse, during storms or other adverse conditions, safe harbor refuge to any vessel seeking such refuge, provided that the harbor can accommodate such vessel.
4. MAINTENANCE / REPAIR (Page 3 of 8) Lessee shall maintain and manage the Property in a responsible manner, keeping it clean, sanitary and free from any debris. Lessee agrees to make every attempt to ensure that there is no excessive buildup of unsightly debris, in relation to the adjacent property, as a direct result of Lessee's improvements-
5. LIABILITY Lessee shall indemnify and save, harmless the State from and against any and all claims, demands, damages, actions, or causes of action, together with any and all losses, costs, or related expenses thereof asserted by any person or persons for bodily injury, death or property damage resulting from Lessee's occupation or use of any portion of the Property, or arising out of any act, omission or neglect by Lessee or any of its agents, employees or invitees. During the term of this Lease, Lessee, at its sole cost and expense, shall carry and maintain a policy of Comprehensive General Liability insurance with the broad form endorsement against claims for bodily injury, personal injury, wrongful death and property damage covered together with all costs of defense. Said policy shall designate as an additional named insured the State of Ohio as its interest may appear. The policy limits shall be no less than the following:
Bodily Injury
Said policy shall contain a clause providing that thirty (30) days written notice of cancellation , nonrenewal, or decrease in coverage will be given to the Director , Department of Natural Resources. A copy of the Certificate of Coverage shall be filed with and is subject to the approval of the Director , Department of Natural Resources. The State reserves the right but has no obligation, to periodically review the liability limits for the insurance policies required. If at any time the State reasonably determines that the then required policy limits are insufficient to adequately protect the State's interests and/or do not meet current industry guidelines, the State may require an increase in the policy limits . The Lessee shall have sixty (60) days following notification by the State of the new policy requirements to obtain insurance meeting the new requirements and to file with the State proof of insurance (Page 4 of 8) conforming to the new requirements. Failure to comply with this clause shall constitute a material breach of this Lease and cause this Lease to be subject to cancellation under the default provisions herein.
6. MINERAL RIGHTS This Lease reserves to the State all mineral rights as required by Section 1506.11 of the Ohio Revised Code, and should the State cause any such minerals to be removed, their removal will be conducted in a manner that will not damage any improvements of the Lessee on the leased land.
7. ASSIGNMENT / MORTGAGE / SUBLETTING Lessee shall not assign or mortgage this Lease or sublet any part of the Property in a manner inconsistent with Rule 1501-6-OS(D) of the Ohio Administrative Code. There shall be no assignment sublease or mortgage of the Lease without the written consent of the Director , which consent shall not be unreasonably withheld or unreasonably conditioned. Lessee shall deliver a written request to assign, sublet or mortgage this Lease to the Director not less than ninety (90) days prior to the proposed effective date thereof The Director shall respond to Lessee within thirty (30) days of the Directors receipt of Lessee's request. If the Director fails to act in any manner within ninety (90) days of the receipt of Lessee's request, the request shall be deemed approved by the Director. If Lessees request to assign this Lease is in conjunction with Lessees sale of the uplands, Lessee shall instruct the closing officer of the title company or bank or Lessee's attorney to hold the assignment in escrow until the sale of the uplands is completed . In the event that the sale of the uplands is not consummated, the assignment of this Lease shall automatically be null and void. Rental rates and other lease terms shall be subject to revision at the time of assignment of this Lease. Applicants for the Director's consent to assign, mortgage or sublet this Lease shall be entitled to an administrative review of and appeal from any decision of the Director pursuant to Section I 1 9.06, Ohio Revised Code. (Page 5 of 8)
8. TAXES Lessee shall be responsible for any and all federal, state, and/or local taxes and/or assessments levied against the Property herein leased.
9. ACCESS The State may, without prior notice, at all reasonable times and without interfering with the operations of the Lessee, enter into and upon the premises to determine if the Lessee is complying with the terms of this Lease or for any other lawful purpose.
10. DISCRIMINATION PROHIBITED Lessee shall not discriminate against any person or entity on the basis of race, color, religion, sex, ancestry, handicap, disability or national origin.
11. DEFAULT If Lessee breaches or defaults on any of the terms or conditions of this Lease , and if such breach or default is not remedied within thirty (30) days after written notification by the State of the breach or default, the State may terminate this Lease . The State shall give written notice of the termination and Lessee shall then surrender possession to the State. Lessee shall have ninety (90) days from the date on the written notice to remove all personal property, structures and fixtures constructed or placed on the Property, and to restore the Property to a condition satisfactory to the Director , Department of Natural Resources. If the Property is not restored to a condition satisfactory to the Director, the Director may have the Property restored at expense of Lessee .
12. EMINENT DOMAIN This Lease is subject to the States right of eminent domain as provided for in Section 1506.1 1 (E), and elsewhere in Ohio Revised Code.
13. EXPIRATION (Page 6 of 8) Upon the expiration of this Lease, Lessee shall remove all personal property, structures and fixtures constructed or placed on the Property, and restore the Property to a condition satisfactory to the Director of Natural Resources. If the Property is not restored to a condition satisfactory to the Director, the Director may have the Property restored at expense of Lessee .
14. REPRESENTATIVES /AGENTS Where this Lease refers to either the State or the Lessee, those terms shall include the agents, employees or authorized representatives of each party.
15. QUIET ENJOYMENT The State covenants that if, and so long as, Lessee pays the rent -when due and performs the covenants hereof, Lessee may quietly occupy the premises, during the term, without any hindrance by the State or any person or persons lawfully claiming under the State. The State is not obligated to warrant and defend against any claim asserted by any other person or entity. A taking by eminent domain shall not be deemed to be a breach of this covenant. Page 7 of 8)
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