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Optimize your taxes. Name First Name. Last Name. Engineer of Record: Staniec Contractors Project :. Tamea, FL Project: lntermodal Cargo Yard Exeansion. PA The Contract is modified as follows upon execution of this Chanae Order:. Quote D List documents supporting change :.
Quote E Quote F. Original Contract Price :. Original Contract Times:. Substantial Completion :. Date of Final Payment. Increase] Decrease] from previous approved. Change Orders : Hours Requested:. Change Order : Substantial Completion Date:. Date of Final Payment:. Increase ] of this Change Order:. Contract Times prior to this Change Order:. Contract Times with all approved Change Orders:.
Engineer of Reco - rd. Date : Ai;iril 8 2Q2. A TED :. Approved by Funding Agecy if applicable. By: Hamid Sa h ebkar P. Title : Sr. P roj e ct M anager , P rinc i Qal. TransMontaigne Terminals, L. TransMontaigne and its predecessors in interest have been tenants and port users providing storage and transportation of petroleum products since TransMontaigne and Port staff have negotiated a year lease with one year renewal with increased land rent based on a recent appraisal.
WHEREAS, Lessee has been leasing a portion of real property at Port Manatee for the last 50 years and built several improvements on that real property; however that lease expires April 30, ;. WHEREAS, Lessee is desirous of continuing to lease a portion of the same real property at Port Manatee from the Authority, and it is expedient and to the best interests of the Authority to continue to lease the property to Lessee upon the terms and conditions set forth in this Lease, and WHEREAS, it is desirable that the respective duties and responsibilities of the Parties be.
The above recitals are true and correct and agreed to by the Parties as if such recitals were fully set forth in the Lease. The Authority does hereby demise, let, and rent unto Lessee, and Lessee shall hire and take as tenant approximately In accordance with the Master Plan, the Authority agrees, covenants and warrants Lessee to peacefully occupy, have, use, hold and quietly enjoy the Demised Premises subject to the provisions of this Lease.
Lessee agrees to use the Demised Premises so as not to unreasonably interfere with, interrupt, or impact the use or operation of any other tenant, user, or customer at Port Manatee. Lessee agrees to return the Demised Premises within ten 10 calendar days after the expiration of the Lease Term, in as reasonably good condition as the Demised Premises were in at the time of entering the s, ordinary wear and tear consistent with the permitted uses excepted.
If Lessee intends to use the Demised Premises for any purpose other than the Permitted Use, Lessee shall first obtain approval of the Authority before beginning such use, with such approval not to be unreasonably withheld, conditioned, or delayed.
The Demised Premises will not be used for any unlawful purposes and Lessee will not use the Demised Premises in such a manner as to create a nuisance or otherwise violate any Legal Requirements that are now in force during the term of this Lease or which hereafter be in force.
Lessee will neither suffer nor commit any waste of the Demised Premises. Lessee may not act or fail to act in a manner that would adversely affect the title of the Authority. Lessee shall request renewal of the Lease in writing to the Authority no later than ninety 90 days prior to the expiration of the initial Lease Term. Payments of Base Rent shall be made in equal monthly installments for the duration of the Lease Term and the Extension Term on the first day of each calendar month.
If Lessee shall pay Base Rent with a check or bank draft that is returned unpaid or uncollected, Lessee shall pay to the Authority, in addition to the total amount due, a processing fee for each returned check or bank draft in the amount provide in the then current Port Manatee Tariff. For the purposes of such appraisal, the term "Fair Market Value" shall mean the price that a ready and willing tenant would pay, as of the applicable Adjustment Date, as annual base rent to a ready and willing landlord of property comparable to the Demised Premises if such property were exposed for lease on the open market for a reasonable period of time.
No later than thirty 30 days prior to the Adjustment Date, appraisal reports for the Demised Premises must be made by each of these appraisers for the purposes set forth in this Lease and copies of the appraisals must be made available to the Authority and Lessee. The three appraisal reports will be considered together and the average market value of the Demised Premises set forth in the three appraisal reports will constitute the market value of the Demised Premises per acre for the purpose of calculating the amount of Base Rent to be paid by Lessee to the Authority upon the Adjustment Date.
All such appraisers must be members of the Institute of American Appraisers or an organization having substantially equivalent qualifications for membership and must have at least five 5 years full-time appraisal experience in the Manatee County, Florida commercial real estate.
In lieu of the foregoing, the Parties may agree in writing to waive the appraisal procedure and agree to the amount of Base Rent to be paid by Lessee to the Authority for the Demised Premises upon the Adjustment Date. Lessee may construct, install or locate upon the Demised Premises and operate any improvements consistent with the Permitted Use. Lessee shall submit to the Authority for approval which shall not be unreasonably withheld, conditioned, or delayed the plans and specifications for all improvements prior to commencing the construction and installation of the improvements upon the Demised Premises.
The Authority shall make a determination of whether the plans and specifications evidence an improvement s consistent with the goals, master plan, and objectives of Port Manatee and do not conflict with any of the activities and facilities at Port Manatee. Lessee must not commence the construction, demolition, or installation of any improvements without approval by the Authority and Authority approval will not be arbitrarily or unreasonably withheld, conditioned or delayed.
Approvals will be deemed granted by the Authority if the Authority finds that such plans and specifications evidence an improvement or improvements consistent with the goals, Master Plan and objectives of Port Manatee, do not conflict with any of the activities and facilities at Port Manatee, and for which the County of Manatee, a subdivision of the State of Florida, is willing to issue a building permit, demolition permit, construction permit, development order, or other appropriate approval for the construction of the particular improvement or improvements.
Lessee is solely responsible for compliance with Legal Requirements. Before Lessee commences use of the improvements, Lessee shall furnish, in a format reasonably specified by the Authority, at least one complete set of the as-built or record drawings and specifications for the completed improvements to indicate the extent, location, and size for the records of the Authority in connection with operations at Port Manatee.
In all contracts for the construction of improvements at the Demised Premises, Lessee shall require in its construction contracts that the contractor indemnify and hold harmless the Authority from any damages, liabilities, or claims that arise out of the construction contract or construction at the Demised Premises, and include the Authority as a co-obligee on any bonds required by the construction contract.
Authority reserves the right to require Lessee to furnish a performance bond. Lessee accepts the Demised Premises in its existing condition as of the date of this Lease and shall be solely responsible for all site clearance, site preparation, soil removal and soil replacement Lessee deems necessary for the construction or installation of any improvements provided for in this Lease, at no cost or expense to the Authority.
Lessee shall obtain all necessary building or construction approvals, development orders and permits required and issued by an appropriate governmental regulatory agency in connection with the improvements, at no cost, expense, liability, or obligation to the Authority. Lessee and the Authority will negotiate in good faith to agree upon a reasonable purchase price for such Designated Improvements.
Upon the agreement of Lessee and the Authority for a purchase price for any Designated Improvement, Lessee and the Authority shall memorialize such transaction in writing and any Designated Improvement that Lessee agrees to sell to Authority will be a part of the Demised Premises and become the property of the Authority upon the expiration or termination of this Lease.
All permanent improvements that Lessee does not agree to sell to the Authority or that Authority does not designate as a Designated Improvement, together with all equipment, furnishings, furniture, machinery and other items of personal property, must be removed by Lessee at no cost or expense to the Authority prior to the expiration or termination. This Lease and the right of Lessee to the possession and use of the Demised Premises are subject to any existing electric lines, telephone lines, water and sewer lines or mains, lift stations, substations and other utility facilities located through, under or upon the Demised Premises.
Coast Guard, U. Department of Agriculture and their agents, employees, servants and subcontractors will have access to such facilities to the extent reasonably necessary for the operations, maintenance and repair of the facilities. Lessee shall pay to the Authority wharfage rates in accordance with the Port Manatee Tariff in effect at such time, except that Lessee shall pay to the Authority the wharfage rate for petroleum products at the published tariff rate of 0.
Beginning January 1, , and for the duration of the Lease Term, including the Extension Term, the wharfage rates will be at the then-current tariff rate. Lessee shall pay within thirty. Lessee, at its sole expense and risk, but in conformity with all Legal Requirements and, subject to the prior written approval by the Authority which approval will not be unreasonably withheld, conditioned or delayed , may erect signs upon the Demised Premises and other appropriate places adjacent to road and thoroughfares within Port Manatee.
Any signs currently existing upon the Demised Premises or in other locations within Port Manatee shall be deemed to be approved by the Authority. Lessee shall cause the Demised Premises, including any improvements thereto, to be duly maintained and kept up throughout the duration or term of this Lease to the extent necessary to maintain the Demised Premises in a safe, tenantable and workable condition, including but not limited to the making of any repairs or replacements necessary to the Demised Premises due to damage done by any act of God, natural disaster or, default, negligence or omission of Lessee, its agents, employees, invitees, patrons, servants or any other persons whomsoever under the control of Lessee.
Lessee shall arrange for and pay for all utilities to the Demised Premises, including initial deposits and other similar charges required by the various utility companies or utility systems for commencing service and for providing service including, but not limited to, electrical consumption related to high voltage, portable or semiportable high voltage equipment, etc. In the event of an interruption or cessation of such services that is due to the willful intent of the Authority or its agents, employees or contractors,.
Additionally, if such services are not restored within thirty 30 days after the interruption or cessation of such services, then Lessee shall have the right to terminate this Lease at any time thereafter by providing written notice thereof to the Authority, in which event neither Party shall have any further liability hereunder. The Authority reserves the right to maintain such easements on the Demised Premises as may now or in the future be determined to be necessary to serve the needs of Port Manatee, and Lessee agrees to take the Demised Premises subject to said easement requirements.
Such easements may be used for, among other things, ingress and egress for other lessees, the installation of water distribution, sewage collection, underground electrical and telephone conduits, above ground street lighting, and power poles. However, it is understood and agreed that the Authority will restore any improvements, which Lessee has made, if such improvements are damaged by any installation made by the Authority.
The Authority is subject to minimum standards, procedures and requirements imposed by federal and state laws and regulations, rules, policies, and procedures in effect from time to time concerning security at Port Manatee, including the U. Code of Federal Regulations; Chapter of the Florida Statutes; and the security provisions of all tariffs in effect at Port Manatee, each as amended, supplemented, restated or otherwise modified from time to time, in connection with the security of Port Manatee as a seaport.
The Lessee shall comply with. To the extent the rates, rules, and regulations of the Authority set forth in the then current Port Manatee Tariff are not in conflict with or in degradation of the terms and conditions of this Lease, Lessee, throughout the Lease Term and the Extension Term shall abide by and comply with all of the rates, rules, and regulations of the Authority set forth in the then current Port Manatee Tariff, as published by the Authority.
The covenant by Lessee to abide by and comply with the Port Manatee Tariff was a material inducement for the Authority to enter into this Lease constituting substantial consideration to the Authority for this Lease, and any failure by Lessee to fully abide by and comply with the then current Port Manatee Tariff, may at the option of the Authority constitute an Event of Default as defined below by Lessee.
Lessee acknowledges receipt from the Authority of a copy of the current Port Manatee Tariff. Lessee shall timely pay any and all taxes related to its operation, the Demised Premises, and items stored at the Demised Premises. Lessee shall be responsible for any and all ad valorem taxes, special assessments, tangible and intangible personal property taxes, sales tax, use taxes, license fees, and any other tax, fee, or charge which may be levied or assessed against any portion of the Demised Premises or imposed in connection with the activities and operations of Lessee upon any portion of the Demised Premises or in connection with the possession of any portion of the Demised Premises by Lessee.
Lessee shall have the right to contest the amount or validity, in whole or part, of any ad valorem tax or special assessment or to seek a reduction in the valuation of Demised Premises as assessed for real estate property tax purposes by appropriate proceedings diligently conducted in good faith but Lessee may continue.
The Authority shall not be required to join in any proceedings referred to in this paragraph unless required by law, in which event the Authority shall, upon written request by Lessee, join in proceedings or permit the proceeding to be brought in its name. No consent to join in proceedings or permit the proceedings to be brought in its name will subject the Authority to material civil liability or the risk of any criminal liability.
The Authority shall have the right at any time to examine or inspect the Demised Premises for any reason, including but not limited to performing an Environmental Site Assessment and determining the existence of said Hazardous Substances, during the normal business hours of Lessee with reasonable notice to Lessee and at no cost or expense to Lessee. A copy of any written assessment, audit or survey obtained by the Authority will be immediately furnished to Lessee. If any worsening of the environmental condition of the Demised Premises is evidently attributable to Lessee from that disclosed in any Environmental Site Assessment, Lessee shall cause any necessary action to be immediately taken to remediate such worsening.
Throughout the term of this Lease, Lessee must not use, generate, release, discharge, store, dispose, or transport any Hazardous Substances in, under, in, above, to or from the Demised Premises in any manner other than in strict compliance with all applicable Environmental Laws.
Lessee shall immediately notify the Authority of any accumulation, deposit, placement, release, spill, storage or use of any of said Hazardous Substances upon or under the Demised Premises that is required to be reported to applicable authority pursuant to applicable Environmental Laws. Such notification will be in addition to and will not replace any notice required by applicable Environmental Laws.
The remedies granted to the Authority in this Lease are in addition to all other remedies which may be available to the Authority under the laws of the United States and the State of Florida, and nothing in this Lease will be construed as limiting the remedies of the Authority or any Governmental Authority. The environmental provisions of this Lease survive the termination of this Lease and will continue in full force and effect so long as the possibility exists of any environmental liability obligation or loss of or claim against the Authority and is attributable to any act or omission of Lessee, its agents or invitees.
During the Lease Term, Lessee shall provide, pay for, and maintain with insurance companies having an A. All insurance must be from responsible insurance companies authorized to do business in the State of Florida. The required policies of insurance must be performable in Manatee County, Florida, and must be construed in accordance with the laws of the State of Florida.
The Certificates must be signed by the authorized representative of the insurance company s shown on the Certificate of Insurance. In the event of a claim, certified, true, and exact copies of the insurance policies required in this Lease must be provided to the Authority, if requested by the Authority. Lessee shall take commercially reasonable steps to make up any impairment to any Aggregate Policy Limit upon notification of the impairment.
All insurance coverage of Lessee will be primary to any insurance or self- insurance program carried by the Authority with respect to the liabilities assumed by Lessee under this Lease. The acceptance of delivery to the Authority of any Certificate of Insurance evidencing the insurance coverage and limits required in the Lease does not constitute approval or agreement by the Authority that the insurance requirements in the Lease have been met or that the insurance policies shown in the Certificates of Insurance are in compliance with the Lease requirements.
No work or occupancy of the Demised Premises may commence unless and until the required Certificate s of Insurance are in effect. The insurance coverage and limits required of Lessee under this Lease are designed to meet the minimum requirements of the Authority. They are not designed as a recommended insurance program for Lessee.
Lessee alone shall be responsible for the sufficiency of its own insurance program. Should Lessee have any question concerning its exposures to loss. Renewal Certificate s of Insurance must be provided to the Authority prior to expiration of current coverage.
If Lessee fails to maintain the insurance coverage required in this Lease at any time during the term of the Lease, it shall be deemed an Event of Default under this Lease. If the Lessee utilizes contractors or sub-contractors to perform any work on Authority property, the Lessee will ensure all contractors and sub-contractors maintain the same types and amounts of insurance required of the Lessee. In addition, the Lessee will ensure that the contractors and sub-contractors insurances comply with all of the insurance requirements specified for the Lessee contained within this Lease.
The Lessee shall obtain Certificates of Insurance comparable to those required of the Lessee from all contractors and sub-contractors. Such Certificates of Insurances must be presented to Authority upon request. All requirements in this Subsection The amounts and types of insurance must conform to the following minimum requirements.
Non-standard policy forms are acceptable. Workers' Compensation and Employers' Liability Insurance must be maintained in force during the term of this Lease for all employees engaged in this work under this Lease, in accordance with the laws of the State of Florida. The minimum acceptable limits are:. Maritime Coverage Endorsement Jones Act - When Operations are to be performed upon navigable waterways and barges, Tug Boats, and all other vessels on the ocean and all intra-coastal rivers and canals, as well as drivers, divers, and underwater personnel are utilized, a Maritime Coverage Endorsement must be provided to cover the seamen, masters and members of a crew in accordance with applicable Legal Requirements, providing remedy for damage or injury in the course of employment.
Commercial General Liability Insurance must be maintained by Lessee. Property Damage Liability Occurrence and aggregate. Business Automobile Liability Insurance must be maintained by Lessee as to ownership, maintenance, use, loading and unloading of all owned, non-owned, leased, or hired vehicles with limits of not less than:. Combined Single Limit Each Accident. Professional Liability. Lessee shall require all firms providing Professional services, including any architects and engineers, to carry professional liability insurance with coverage limits and terms that are commensurate with the nature and value of the services provided and the subject matter of their work.
Accident Reports. The Lessee shall promptly notify the Authority of any. In all such cases, oral notice must be provided within nine 9 hours of the accident and a written report must be provided to the Authority within five 5 business days of the accident. If any issues are unresolved at that time, a subsequent report shall be provided to the Authority within five 5 business days following the ultimate disposition of the case. The oral and written reports shall include the date and time of the event, a description of the event, an estimate of the damages and injuries if any caused by the event, and a description of how the event and any associated damages and injuries were handled or will be handled.
Notwithstanding anything in this Lease to the contrary, Lessee may satisfy its insurance obligations hereunder through a self-insurance program. This indemnification provision includes claims made by any employees of Lessee against the Authority, and Lessee hereby waives its entitlement, if any, to immunity under section Nothing contained in this Lease and specifically this indemnification provision is intended to nor shall it be construed as an additional waiver of sovereign immunity beyond the expressed written contractual obligations of the Authority contained within this Lease.
Nothing in this Lease may be construed as consent by the Authority to be sued by third parties in any matter arising out of this Lease. The Authority shall have the right, at its option, to participate in the defense of any third party claim, without relieving Lessee of any of its obligations hereunder. If Lessee assumes control of the defense of any third party claim in accordance with this Section, Lessee shall obtain the prior written consent not to be unreasonably withheld, conditioned, or delayed of the Authority before entering into any settlement of such claim.
The Parties recognize that Lessee is an independent contractor. Port Manatee consists of various facilities operated by tenants pursuant to leases with the Authority and by the Authority itself, and it is necessary for the operation of Port Manatee that there is a degree of cooperation between Lessee and the Authority.
In the event there are any strikes, boycotts, walkouts, picketing or other labor disputes at Port Manatee impacting upon the activities and operations of Lessee pursuant to the provisions of this Lease, then and in that event, Lessee shall reasonably cooperate with the Authority in taking reasonable action and undertakings necessary to preserve and protect normal lawful activities and operations at Port Manatee.
Such action may include the exchange of information between Lessee and the Authority, or arranging for a separate entrance to certain facilities at Port Manatee and the institution and prosecution of legal proceedings at no cost or expense to Lessee. Lessee shall exercise a reasonable effort to discourage and prevent any such labor disputes in connection with its activities and operations pursuant to the provisions of this Lease.
In the event of any such labor dispute in connection with the activities and operation by Lessee, then and in that event, Lessee shall take all reasonable action necessary to resolve said disputes and to prevent the disruption of the normal activities and operations at Port Manatee.
Nothing in this Lease will be construed to impair or limit the lawful rights of employees of Lessee or the Authority, or to limit the lawful rights of any labor organization representing said employees. The Authority is not exercising any dominion, control or supervision over the activities and operations of Lessee upon the Demised Premises, and the only interest the Authority has in and to activities and operations is as the lessor or landlord of the Demised Premises pursuant to the provisions of this Lease and as the owner and operator of Port Manatee pursuant to the provisions of the then current Port Manatee Tariff.
The Lease is binding upon and will inure to the benefit of the Parties and their respective successors and assigns. However, this Lease may not be assigned and no portion of the Demised Premises may be sublet by Lessee without the. The Authority will not arbitrarily or unreasonably withhold, condition, or delay or refuse to permit such an assignment if the Lessee furnishes evidence satisfactory to the Authority that the assignee has financial resources to secure the performance of the terms and conditions of this Lease, which are at least equal to those of the Lessee.
The Authority will not arbitrarily or unreasonably withhold, condition, delay or refuse to permit subletting providing that Lessee always remains liable to the Authority for carrying out the terms and conditions of this Lease and further providing that Lessee provide the Authority with a duly executed copy of any such sublease. Approval of any assignment will be set forth in a written addendum or supplement to this Lease executed with the same formality as the execution of this Lease.
Approval of any sublease will be set forth in a Resolution of the Authority. Lessee may not assign, pledge, or otherwise transfer, as and for any other purposes, collateral security, in connection with any financing or refinancing this Lease or the improvements without Authority approval.
Lessee represents unto the Authority with the intent that the Authority rely thereon as a major inducement to the Authority to enter into this Lease and any extension or renewal thereof that:. Lessee represents and warrants to the Authority that to its actual and constructive knowledge: 1 neither Lessee which includes for purposes of this Section its parent and affiliate companies, owners, members, managers, shareholders, directors, officers, representatives, agents, employees, distributors, vendors and suppliers collectively nor any of its funding sources are identified on the Special Designated Nationals and Blocked Persons List of the U.
Lessee agrees to notify the Authority in writing immediately upon the occurrence of any of that, which would cause the foregoing representation, and warranties of this Section to be incorrect in any respect and the Authority shall have the right then or thereafter to terminate this Lease at its sole and absolute discretion. In connection with any aspect of this Lease or other transaction involving Lessee, neither Lessee which includes for purposes of this Section its parent and affiliate companies, owners, members, managers, shareholders, directors, officers, representatives, agents, employees, distributors, vendors and suppliers collectively has engaged or will engage in prohibited conduct, as defined in the Foreign Corrupt Practices Acts, directly or indirectly in the performance of this Lease or otherwise on behalf of itself or Lessee.
In the event of or during the term of this Lease, if Lessee is not in compliance with this Section, Lessee shall make prompt disclosure of such non- compliance to the Authority and the Authority shall have the right to terminate the Lease. The Lessee which includes its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the Lessee has not been placed on the convicted vendor list following a conviction for a public entity crime within the last 36 months.
In the event of or during the term of this Lease, if Lessee is placed on the convicted vendor list, in accordance with section Pursuant to section Notwithstanding anything contained in this Lease to the contrary, the Authority may terminate this Lease immediately if: 1 Lessee is found to have submitted a false certification regarding a — d above in accordance with section Section Such termination shall be in addition to any and all remedies available to the Authority at law.
Lessee will procure at its own expense all permits and licenses required by the transaction of its business in the Demised Premises. In addition, Lessee warrants that its use of the Demised Premises will be in strict compliance with all applicable Legal Requirements. During the Lease Term, Lessee shall, at its sole cost and expense, make any modifications to the Demised Premises that may be required pursuant to any then current Legal Requirements.
Lessee shall provide notice and a copy of each Citation to the Authority promptly after the Citation is received by Lessee. Thereafter, Lessee shall keep the Authority informed on the ongoing status of Lessee's efforts to address the Citation, and Lessee shall provide notice to the Authority when the Citation has been resolved. Lessee shall pay all costs of investigating and responding to a Citation, all costs of correcting deficiencies and achieving compliance with applicable Legal Requirements, and all fines assessed as a result of Lessee's non-compliance.
Prior to any termination of the Lease, the Authority will endeavor to provide facilities and acreage equivalent in size, value, and utility to the portion of the Demised Premises taken by eminent domain or condemnation. If Lessee abandons or vacates the Demised Premises for a period in excess of 90 days; or.
If the Base Rent, fees, charges, or other payments which Lessee agrees to pay or is obligated to pay hereunder are not received by the Authority within ten 10 business days after receipt of written notice of non-payment from the Authority; or. If Lessee fails to observe, keep, or perform any of the material terms, covenants, agreements, or conditions of this Lease for a period of thirty 30 business days after receipt of written notice from the Authority; provided however, if the nature of the remedial action is such that it cannot be reasonably completed within such thirty 30 business day cure period, then Lessee shall have a reasonable period of time to complete such cure; or.
If Lessee files a voluntary petition for bankruptcy or otherwise seeks the benefit of any bankruptcy, reorganization, arrangement, or insolvency law or makes a general assignment for the benefit of creditors; or. If Lessee is adjudicated bankrupt; or. Any lien, claim or other encumbrance which is filed against the Demised Premises is not removed or if the Authority is not adequately secured by bond or otherwise, within thirty.
By or pursuant to, or under authority of any legislative act, resolution or rule or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, trustee, or liquidator must take possession or control of all or substantially all of the property of Lessee, and such possession or control continues in effect for a period of sixty 60 calendar days; or.
Any business is conducted, or service is performed, or product is sold from the Demised Premises that is not a Permitted Use authorized by this Lease, and such activity does not cease within ten 10 calendar days after receipt of written notice to that effect; or. If at any time Lessee uses or permits the Demised Premises to be used for any purpose which has not been authorized by this Lease; or. If Lessee uses or permits the use of the Demised Premises in material violation of any Legal Requirements including, but not limited to, Environmental Laws ; or.
A lapse in coverage occurs with respect to any insurance required by this Lease or the Authority is not timely provided with any documentation required in this Lease with respect to such insurance; or. Upon placement of Lessee on the convicted vendor list, pursuant to section Then upon the occurrence of any Event of Default, or at any time thereafter during the continuance of the Event of Default, the Authority, by its Board, may, at its option, terminate this Lease upon five 5 days prior written notice to Lessee, and all rights of Lessee under this Lease.
The Authority shall provide Lessee with notice of the effective termination date in writing. In the event of any such termination, Lessee and any sublessee s shall immediately quit and surrender the Demised Premises to the Authority and shall cease operations.
In the event of any termination by the Authority, Lessee shall have no further rights under this Lease and further covenants and agrees to yield and deliver peaceably and promptly to the Authority, possession of the Demised Premises on the date of cessation of the letting, whether such cessation be by termination, expiration, or otherwise. The Authority, its agents, employees, and representatives shall have the right to enter the Demised Premises and remove all property.
The exercise by the Authority of any right of termination will be without prejudice to and in addition to every other remedy at law or in equity. No remedy in this Lease conferred upon or reserved to Authority is intended to be exclusive of any other remedy in this Lease provided or otherwise available, and each and every remedy will be cumulative. Failure of Lessee to surrender the Demised Premises in accordance with the provisions of this Lease upon termination or expiration of this Lease, and the subsequent holding over by Lessee, with or without the consent of the Authority, will result in the creation of a tenancy at will at double the Base Rent payable at the time of the date of termination or expiration.
This provision does not give Lessee any right to hold over at the termination or expiration of the Lease Term and will not be deemed to be a renewal of the Lease Term by operation of law or otherwise. If Lessee becomes insolvent or bankruptcy proceedings are begun by or against Lessee, and within sixty 60 days thereof, Lessee fails to secure a discharge thereof, or if Lessee should make an assignment for the benefit of creditors before the end of the term of this Lease, it shall be an Event of Default under this Lease.
The Parties stipulate that Force Majeure shall not include the novel coronavirus Covid pandemic which is ongoing as of the date of the execution of this Lease. Acts, events, incidents or occurrences which would constitute an Event of Default by Lessee under the provisions of this Lease which happen or occur solely as a result of acts of God, natural disasters or other circumstances which Lessee could not have foreseen that happen or occur through no action, fault, inaction, negligence or other conduct by Lessee, its agents, contractors, employees, invitees, licensees, servants, or subcontractors will not be deemed an Event of Default by Lessee of this Lease.
Except to the extent set forth below, the provisions of this paragraph will not apply to acts, events, incidents or occurrences caused by business events, economic factors or market conditions affecting or impacting upon Lessee or the activities and operations of Lessee upon the Demised Premises. Notwithstanding the foregoing, Lessee shall immediately take reasonable effort or steps to cure, remove or restore the conditions caused by any such act, event, incident or occurrence so that the activities, facilities and operations of Lessee upon the Demised Premises are placed as nearly as practicable in the condition and at the level as same existed prior to any such act, event, incident or occurrence.
If a special event of force majeure occurs, the Parties shall confer and agree upon the extent thereof, methods facilitation or removing such. If said matters are not agreed upon in writing within ninety 90 days after the date of such event, Lessee shall have the right to terminate this Lease without penalty upon Lessee giving the Authority written notice of said termination. If it is determined by the Federal Maritime Commission or by either of the parties that this Lease is subject to approval or filing requirements under federal laws or regulations administered by the Federal Maritime Commission, the Parties, in cooperation with each other, shall promptly comply with said requirements.
If the activities and operations of Lessee at Port Manatee pursuant to the provisions of this Lease result in a determination that Lessee is a marine terminal operator and if the charges, fees, rates and other income received by Lessee from others in connection with the activities and operations of Lessee as a marine terminal operator are subject to approval or filing requirements under federal laws or regulations administered by the Federal Maritime Commission, Lessee shall promptly comply with said requirements as a marine terminal operator including any required tariffs.
If the Federal Maritime Commission by a duly entered order disapproves of any of the provisions of this Lease subject to the jurisdiction or regulations of the Federal Maritime Commission, the particular disapproved provisions will be deemed null and void and of no force and effect, with all of the remaining provisions of this Lease remaining in full force and effect. All papers, letters, maps, books, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristic, or means of transmission, made or received pursuant to law or in connection with the transaction of official business by the Authority are public records of the Authority in accordance with the Florida Constitution and Florida Statutes.
Every person has the right to examine, inspect, and copy any such public records not specifically made exempt by provisions of the Florida Statutes. Any financial or proprietary information relating to Lessee transmitted by Lessee to the Authority may be a public record subject to disclosure to a requesting third person not a party to this Lease.
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ABUNDIA FINANCIAL is a trademark and brand of Abundia Financial LLC. Financial and investment services, namely, asset investment acquisition and venture. Abundia Financial LLC (hereafter referred to as Abundia) is a private limited company that was registered in Delaware, US, in October 2. Trademark registration for Abundia Financial LLC. The mark consists of the word ABUNDIA and the word FINANCIAL centered under ABUNDIA in a.