Land Use Plan. SUBLESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to SUBLESSOR for approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of SUBLESSOR until the Land Use Plan is approved. SUBLESSEE shall provide SUBLESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use Plan shall be submitted to SUBLESSOR in draft form for review and comments within ten months of the effective date of this lease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. SUBLESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this lease shall be done at SUBLESSEE’S own risk. The Land Use Plan shall emphasize the original management concept as approved by SUBLESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE and SUBLESSOR. SUBLESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of SUBLESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, the SUBLESSEE shall submit a Land Use Plan update at the end of the fifth year from the execution date of this lease to establish all short-term goals developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The SUBLESSEE shall submit an updated Land Use Plan at least every ten (10 ) years from the execution date of the lease.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement
Land Use Plan. SUBLESSEE shall prepare and submit a 7.02.01 The Land Use Plan referred to as “ recommended ” in the Schedule “C ” attached hereto is hereby adopted as the Approved Land Use Plan.
7.02.02 Any Approved Land Use Plan may, subject to the approval of the Minister, be amended or replaced at the initiative of the Tenant. Prior to seeking the approval of the Minister to any amendment to or replacement of any Approved Land Use Plan, the Tenant shall engage in timely and meaningful consultations with the City of Winnipeg, for that portion of the leased premisesLands which are located in the City of Winnipeg, with the Rural Municipality of Xxxxxx for that portion of the Lands which are located in accordance the Rural Municipality of Xxxxxx, and with Section 253.034appropriate federal government departments. In addition and at the same time, Florida Statutesthe Tenant shall engage in timely and meaningful consultations as it deems appropriate with the Province of Manitoba, other interest groups and the municipalities adjoining the City of Winnipeg or the Rural Municipality of Xxxxxx. The Once approved by the Minister, any replacement Land Use Plan shall become the Approved Land Use Plan in the place of the Land Use Plan attached hereto as Schedule “ C ” or any prior replacement thereof. Any amendment to any Approved Land Use Plan (whether the Land Use Plan in Schedule “ C ” or any replacement Land Use Plan), once approved by the Minister, shall be a part of the Approved Land Use Plan.
7.02.03 In proposing any amendment to or replacement of any Approved Land Use Plan, the Tenant shall:
(a) give due consideration to any consultations it has had with any municipality, the Province of Manitoba, any interest group and any federal government department; and
(b) describe, with sufficient detail, the proposed uses and development of every part of the Demised Premises over the planning horizon.
7.02.04 Any replacement of or amendment to any Approved Land Use Plan shall be submitted subject to SUBLESSOR for the approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without Minister which approval may not, subject to Subsection 7.02.08, be unreasonably withheld.
7.02.05 Subject to Subsection 7.02.06, the prior written approval Minister shall, within ninety (90) days of SUBLESSOR until receipt by the Minister of:
(a) a complete copy of any proposed replacement plan of any Approved Land Use Plan is approved. SUBLESSEE shall provide SUBLESSOR with or any amendment to any Approved Land Use Plan; and
(b) all material and information which the Minister in his discretion requires in order to make an opportunity to participate in all phases informed decision, notify the Tenant whether the Minister approves or does not approve the proposed replacement of preparing and developing the any Approved Land Use Plan for or any such amendment. For greater certainty, the leased premises. The ninety (90) day period referred to in this Subsection shall not commence to run until the Minister has received all documents, material and information set out in Paragraphs (a) and (b) above.
7.02.06 In the event the Minister does not have all material and information which he requires to make an informed decision of whether or not to approve the replacement of or amendment to the Approved Land Use Plan, the Minister shall notify the Tenant within forty-five (45) days of receipt of the proposed amendment to or replacement of any Approved Land Use Plan that he requires further, other or better information. In the event that the Minister fails to notify the Tenant within such forty-five (45) day period that he requires further, other or better information, then the Minister shall be submitted deemed to SUBLESSOR in draft form have received all information required for review and comments within ten months purposes of this Section.
7.02.07 In the event the Minister does not approve the proposed replacement of or amendment to any Approved Land Use Plan, he will notify the Tenant of the effective date reason for such refusal to approve. In the event the Minister fails to notify the Tenant within the ninety (90) day period referred to in Subsection 7.02.05 that he does or does not approve the proposed replacement of this lease. SUBLESSEE or amendment to any Approved Land Use Plan, then such proposed replacement of or amendment to any Approved Land Use Plan, as the case may be, shall give SUBLESSOR reasonable notice of be deemed to be approved by the application for and receipt Minister.
7.02.08 Any refusal to approve any proposed replacement of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. SUBLESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Approved Land Use Plan required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this lease shall be done at SUBLESSEE’S own risk. The or any amendment to any Approved Land Use Plan because it proposes an alteration to the use of any land included in or on which there exists any Airport Infrastructure, shall emphasize the original management concept as approved by SUBLESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are be deemed to be manageda reasonable withholding of consent by the Minister. The approved Tenant acknowledges that no approval will be given to any replacement of or any amendment to any Approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE and SUBLESSOR. SUBLESSEE which would detrimentally affect Airside operations.
7.02.09 The Tenant shall not use or alter and the leased premises except as provided for Tenant shall not permit the use of any part of the Demised Premises in the approved a manner that is inconsistent with any Approved Land Use Plan.
7.02.10 No Approved Land Use Plan without or any amendment thereto or replacement thereof shall prevent the prior written approval use of SUBLESSOR. The any part of the Demised Premises as prohibited by the Approved Land Use Plan prepared under this lease shall identify management strategies or amendment thereto or replacement thereof if such part of the Demised Premises was lawfully used for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by such purpose on the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, day before the SUBLESSEE shall submit a Approved Land Use Plan update at or amendment thereto or replacement thereof, as the end case may be, was in effect so long as the whole of any such part of the fifth year from the execution date of this lease Demised Premises continues to establish all short-term goals developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The SUBLESSEE shall submit an updated Land Use Plan at least every ten (10 ) years from the execution date of the leasebe used for that purpose.
Appears in 1 contract
Samples: Ground Lease
Land Use Plan. SUBLESSEE shall prepare and submit a Land Use Plan for the leased subleased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to SUBLESSOR for approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased subleased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased subleased premises without the prior written approval of SUBLESSOR until the Land Use Plan is approved. SUBLESSEE shall provide SUBLESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased subleased premises. The Land Use Plan shall be submitted to SUBLESSOR in draft form for review and comments within ten months of the effective date of this leasesublease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased subleased premises. SUBLESSEE shall not proceed with development of said leased subleased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this lease sublease shall be done at SUBLESSEE’S own risk. The Land Use Plan shall emphasize the original management concept as approved by SUBLESSOR on the effective date of this lease sublease which established the primary public purpose for which the leased subleased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE and SUBLESSOR. SUBLESSEE shall not use or alter the leased subleased premises except as provided for in the approved Land Use Plan without the prior written approval of SUBLESSOR. The Land Use Plan prepared under this lease sublease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, the SUBLESSEE shall submit a Land Use Plan update at the end of the fifth year from the execution date of this lease sublease to establish all short-term goals developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The SUBLESSEE shall submit an updated Land Use Plan at least every ten (10 10) years from the execution date of the leasesublease.
Appears in 1 contract
Samples: Sublease Agreement
Land Use Plan. SUBLESSEE LESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to SUBLESSOR LESSOR for approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of SUBLESSOR LESSOR until the Land Use Plan is approved. SUBLESSEE LESSEE shall provide SUBLESSOR LESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use Plan shall be submitted to SUBLESSOR LESSOR in draft form for review and comments within ten months of the effective date of this lease. SUBLESSEE LESSEE shall give SUBLESSOR LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. SUBLESSEE LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by SUBLESSEE LESSEE which are not in compliance with the terms of this lease shall be done at SUBLESSEELESSEE’S own risk. The Land Use Plan shall emphasize the original management concept as approved by SUBLESSOR LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE LESSEE and SUBLESSORLESSOR. SUBLESSEE LESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of SUBLESSORLESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, the SUBLESSEE LESSEE shall submit a Land Use Plan update at the end of the fifth year from the execution date of this lease to establish all short-term goals developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i253.034(5)(i), Florida Statutes. The SUBLESSEE LESSEE shall submit an updated Land Use Plan at least every ten (10 10) years from the execution date of the lease.
Appears in 1 contract
Samples: Lease Agreement