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HomeMy WebLinkAbout2007 - 2012 Submerged Land Lease Renewal2004222 THIN DOCUMENT HAS B=EN RECORDED IN THE PU3_IC RE.CC)FDS OF INDIAN RIVER COUNTY FL BK 2353 PG:465, Pagel of 11 07%10/2009 at 12:40 PM, M DOC TAX PD: $0.70 JEFFREY K BARTON, ca_ =RK 0:1 This Instrument Prepared By: Frank Votra Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT NO. 311537314 PA No. 31- 125335 -009 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Sebastian, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 06, Township 31 South, Range 39 East, in the Indian River, Indian River County, containing 25,652 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 23, 2003. TO HAVE THE USE OF the hereinabove described premises from November 4, 2007, the effective date of this lease renewal, through November 4, 2012, the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing sixty-three (63) slip public marina exclusively to be used for mooring of recreational vessels in conjunction with an upland ci1y par k, with fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or local authority, whichever entity applies the more stringent criteria, and without liveaboards as defined in paragraph 24, as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection, Environmental Resource Permit No. 31- 125751 -001, dated March 9, 1998. Modified (one year extension) Permit No. 31- 125335 -010, dated January 23, 2003, and Modified Permit No. 31- 125335 -009, dated March 9, 2004, incorporated herein and made a part of this lease by reference. The construction of the proposed structures described on Page 9 of Attachment A of this lease renewal shall be completed no later than March 9, 2009. The failure to complete the construction of all authorized structures within this time period shall constitute a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial term or first 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining conditions of this lease. [02/29] 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection, Environmental Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi - family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter /tour boats, from loading /offloading commercial to rental of wet slips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable.. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18- 21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18- 21.011, Florida Administrative Code, and if applicable, to remove any structures that are no longer authorized under this lease. 3. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any subsequent renewals plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any subsequent renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 6. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 8. INDEMNIFICATION /INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. 9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. Page 2 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 10. NOTICES /COMPLIANCE /TERMINATION: 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, it 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, or fails or refuses to comply with the provisions and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above - described parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian, Florida Attention: Andrea Coy, Mayor 1225 Main Street Sebastian, Florida 32958 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. 11. 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 and levied against the subject property during the effective period of this lease. 12. 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 such 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. 13. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures 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 constructed in any manner 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. 14. NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 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 said 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. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 17. 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 full compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous 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 structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment B, which shall run with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest. Page 3 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 18. REMOVAL OF STRUCTURES /ADMINISTRATIVE 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 deemed forfeited to the Lessor, and 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 8 or at such 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 structures and the right to impose administrative fines. 19. REMOVAL COSTS /LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary proceedings as provided by law. 20. 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. 21. RIPARIAN RIGHTS /FINAL ADJUDICATION: In the event that any part of any structure 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 structure 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 constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 22. AMENDMENTSIMODIFICATIONS: 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, and must comply with the rules and 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 of the 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 facility. 23. ADVERTISEMENT /SIGNS/NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVITIES/MINOR 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 structures, 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 structures and/or activities including dredging, relocation/realignment 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 structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures 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 agreement. 24. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 25. 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 Statutes 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. Page 4 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 26.LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 28. SPECIAL LEASE CONDITIONS: A. During the term of this and all subsequent renewal periods, the Lessee shall maintain the manatee informational display and manatee awareness signs as required the State of Florida Department of Environmental Protection Modified Permit No. 31- 125335 -009, dated March 9, 2004. B. Lessee shall not allow more than thirty—two (32) powered vessels to be moored at the docking facility at any given time. C. Lessee shall prohibit any mooring, on either a temporary or permanent basis, to the main access docks (250 - foot lengths). To ensure compliance, the Lessee agrees to place and maintain (1) a 3 -foot high railing along the structures; and (2) signs advising boaters that mooring either on a temporary or permanent basis is prohibited. D. Waterborne vessels moored at the docking facility shall be limited to vessels with a minimum six (6) -inch clearance between the draft of the vessel and the submerged lands. E. The Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, Florida 32399. Those records shall include, but not be limited to, the books, records, contracts, and other documents pertaining to the gross income derived from the mooring field and anchorage area, and expenses incurred by the Lessee for operation and maintenance of the mooring field and anchorage area. Those annual certified financial records of income and expenses shall include ancillary income and expenses directly related to the mooring field and anchorage area. Gross income is defined as the actual income collected from the use of sovereignty submerged lands, and shall include any ancillary user charges required for and directly attributable to the use of the structures or activities on sovereignty submerged lands. The submitted information shall be certified by a Certified Public Accountant. 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(fix LJ(4 W a °W U°ua °U Ix- °a¢ IS- Ix-a° H Ix- Ix- � i- i- Ix- � H �a �W3 Attachment A Page 8 of 11 Pages SSLL No. 311537314 ° t '° v vadob uHnoa � rrviw , N N I'IIIii)B v� �V3I QJr , t� rnua � S ro 2 5 !C4 vaLV'W �'uMM UMM� AID n1Y � OVTl AW y 00/09/01 u� ®® Hinoe V3JV sam aw MMON WIN BBY31 CEEOdOLU MU d0 'OM .Of o o (n Li © ® 1 ® W N � w 3 1 o wW 0Q z °�° ua 13 N �w u 1 � � Jn ® 'O ® 1� �D' ° Q N' O Ze 0 a u° t 'o • Z O'h .. .F NN a o o.c c wo N 11 Z� 0oa��eo °. �IW C) ` 1a o o ' N ` �N �w Q N N ` s- ►+i W w �Q 1il v Q�� �1 O o cD vwiuwi uO�o °u.�' y >�' R O ,O cL " t a i` d Ifl *1 r1 `r (11 ° 9Eaae� ��n Y o oL, aT�Or , t° O N z o L) ''S N h Q ►� Z t 1 cu o 3 g�_ �2� Ll L3 W N:D 3 ink _-t a r � Nj 1 \ ?¢ Vp r o 1 \ R N A g£n Lll w \ g, o J Q N Wo d L6 1-13 J o� y N M z 3 '—' W "y w 1f� 3 <va ° Q M N WAN 1 w o a w? O ¢ IP 10 N� �o� 1 z° WM N W N 1!1 p & >� 1 w a 3 a Wes'^^ r d' (� a w J �F J Y• r • • r1 a 0 '0 < = ZO r N �ww a Z + W = (n aha r nom Z c o, L 85.7' a W o • ..+ �lYW O O �- Pp SC�'„�U Q\ Cr (n 3 / I Rip R � � > Z ° q•5 14E E 193 71 \ zQ a WQ> Sl g12 '�aa 6929' S �-� 1q(,'E \ �Q a� o J 3 • A2� 12 - 14•`3 a o ran ° ���wSlb S LJ N� Qw ~ o Ja Q� r LLY \ _j � O u� ° o \ cn �I \ y 1 6 o° 0Q° 3 \�" \ r `n \ c� P z F °� r Lp CD �ED 0ra o ,_ J' CO cA °,Q ° o\ :n \ � o ° ' � = Z ��� °• 1N0� P� R �g0' R�Wi ca' Ln ' � N1�t{W P p Q X1E Attachment A Page 9 of 11 Pages SSLL No. 311537314 VH >I'l3'921A'000S I \33211 -VH>I \ \'WVSS:£k : OOZ/£ Z/ Zi' 6MP' 3SV3HJ0(1\)1DOaA_1IJ\NVi_LSV83S \:S ❑� 9 so /to /ot GRAM n vamo-wAL�Nrico maw NvKim VIW ^V40•BW =10 AM toto 01 it N • °i fi 6 a ��� ��� c 2 AY meOUdf \ � w ®� 'yt(♦ v N �� Y g u - 945 J A e A 7€ ,.• ••••' i[gYriIt10 SAWN A34M OW CMD31 IMWI N1 i 2° ow aor `dH11'7d'821A'0005 T \33211 dH>11\ 'WtJ 9V01 :OOZ /£Z /ZT '6MP'3Sd3ND04 \>IJ04 J,LIJ1Nb;1SV935\: S n o 0 N J J 3 a p o z En w ❑ ' Li > w w M z D z M z Cl i Ca z U w PO z Q ❑ W ¢ z ❑ Z= o a ❑ w ru z 0 Z Li L, Wi z H ❑? U 3 z❑ a z } W N LLI ww¢❑ w ❑ ¢ �z o ❑❑wa V) r- a¢ d ❑ a a ¢ o 0 Q [L U N /- N a w Of l7 4 w 3 z o Z w ►= o ❑n a a: H i- OR a a Y id v V a M 0 0 WM Li z J } ir o E w } U �❑ _ 3 z 0 o a6oJ 0 ag 0 0 J m ELL W O ~ (4 x _ ¢ f ❑ 2 Zo = lr O w 2 W N J J J J WU D J J J J I J J O 6> W W J J J wF m F 0a r a N l> +1 I Cj) N >' x I w r U ? �UN a 6 } I I ❑w wO 2 U ZN C0 D-,,, I Co �i 26 < w < M W o J� L, ❑ I O �? 6 Y wa mo �z w 0 N ¢ W O � z N W a: N 0 W W M tO U N N dt0 W W �z W 3 w 3 w 3 3 3 3 w 3 w 3 3 3 � i n i n in in � in D in i n in i n� i n� M M M M N M d• M M M M N M� N_ N w pWq N_ N _N N 1, N_ � _N f, N_ � W J fYi Q W t- o 0 0 o c) o o° o° o 0 0 0 Z0 0 0 o 0 0 0 O O o 0 0 0 0 0 J W N � N 0 � � 6 N � N lu 0 � 6 6 i Attachment A Page 10 of 11 Pages SSI I No 311537314 `dH11'7d'821A'0005 T \33211 dH>11\ 'WtJ 9V01 :OOZ /£Z /ZT '6MP'3Sd3ND04 \>IJ04 J,LIJ1Nb;1SV935\: S J W _ _ J J J J J J J J J J J J J J J J J J J J J J J J J J J J J S P,;`, 'A, /RD A• It4b V6.11,1 jJ T® l✓ ' 0ARRff L C°'MOLL s'ri BEAM ,N .L1 rli.VD. VERO BUCH1 FLORIDA 32963 DARRELL FENNELL,ESQ. 979 Beachland Blvd. Vero Beach, FL 32963 DOCUMENTARY STAMPS DEED $//,.6ao.o,v NOTE $ JEFFREY K. PAPT11N, CLERK INDIAN RIVER COUNTY Parcel ID Number: 06- 31 -39- 00020 -0110- 00001 /0 Warranty Deed This Indenture, Made this j d day of GOOD GUYS, INC., a corporation Florida of the County of Indian River CITY OF SEBASTIAN, a municipal the State of Florida ti existing under � J IN THE RECORDS OF JEFF=REY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO„ FLA, , 19 9 9 A.D. , Between the laws of the State of state of Florida , grantor, and corporation existing under the laws of whose address is: 1225 Main Street, Vero Beach, Florida 32956 of the county of Indian River , state of Florida , grantee. Witnesseth that the GRANTOR, for and inconsideration of the sum of TEN DOLLARS ($10) DOLLARS' and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: Lots 11, 12, 13, 14 and 15,_Block 9, and the North 1/2 of abandonedt Jefferson Street bounded on the West by the Southerly projection of " the West line of Lot 15, Block 11, and bounded on the South by the center line of the 80 foot abandoned right of way extended from its intersection with the projection of the West ,line of Lot 15 to the West right of way line to Old Dixie Highway. AND ALSO, Lots 1 through 5, Block 11, and the South 1/2 of an abandoned Harrison Street right of way extending Eastward from the East line of Old Dixie Highway to the edge of the Indian River. AND ALSO the North 1/2 of abandoned Jefferson Street right of way extending from Old Dixie Highway eastward to the Indian River; All lying and being in EDGEWATER PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page'23, public records of Indian River County, Florida. Subject to easements of record and taxes after 1999, Subject to, and the Grantee assumes all responsibility-for and holds the Grantor harmless from, any assessments or.assessment liens relating to the "Riverfront.Water. Project" of the City of Sebastian. and the grantor does hereby fully wan-ant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set its hand and seal the day and year fast above written. Sign sealed and delivered in our presence: GOOD GUYS D �Z :.(Seal) By: Pri ed N me : ( =_U '.12 _. // Luciano Co ese, .'ice President ; Witness P.O. Address: 5035 Fairways Circle tj �, Vero Beach, FL 32967 Printed Name: , %+ Witness cs. ! .�iiI9 f i f y E x ;` 3 STATE OF Florida COUNTY OF Indian River �' �`' p' o °t�z, The foregoing instrument was acknowledged before me this -✓ day of 4�C�,�Vr r .�3' �h Luciano .Cortese, Vice President of Good Guys, Inc., a Florida corporation" , he is personally known tome or he has produced his Florida dr iver F lice e as identification. ryy� V G� ��01 VPry, PAMELA PROFFM Printed Name MYCOMMISSION CC691490 Notary Public ° EXPIRES:January13.2002 �FOFI'd, ,vp Co. M Commission Expires: Attachment B a ;.:ip.3N�T�r� ' -!a !d^!ery Sar.ice 8 9u ng� }' omm � �,�,;,,�,,,.,,,,,.,�.�. -v�. Page 11 of 11 Pages )0816 �.��a�^»°�* Laser G eneratedby0 Display Systems, Inc., 1998 (941) 763 -5555 FomiFLwD -1 SSLL No. 311537314 Pages r� CA) C a G-01 -l` C:) 16766N THIS DOCUMENT HAf BEEN RECORDED IN THE PUBLIC RECORDS OF N101AN RIVER COUNTY FL SK: 1786 PG:2434, Paga1 of 11 16/69/7604 at 11:67 AM, This Instrument Prepared By: JEFFREY K BARTON, CLERK OF Pattie J. Scott COURT Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE MODIFICATION TO INCREASE SQUARE FOOTAGE No.311537314 PANo, 31- 125335 -009 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. W INESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithfid and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Sebastian Florida, hereinafter referred to as the Lessee, the sovereign lands described as follows: A parcel of sovereign submerged land in Section 06, Township 31 South Range 39 Fhb, in the Indian River, Indian River County, containing 25652 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 23, 2003. TO HAVE THE USE OF the hereinabove described premises from March 9. 2004 the effective date of this modified lease, through November 4. 2007, the expiration date of this modified lease. The terns and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 63 -slim public marina multi docking facility exclusively to be used for mooring of noncommercial recreational vest used in conjunction with an upland clty park, with fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements without liveaboards as defined in paragraph 24, as shown and conditioned in Attachment A, and the Department of Environmental Protection, Environmental Resource Permit No. 31- 125751 -001, dated March 9. 1998; Modified (one year time extension) Permit No. 31- 125335 -010. dated January 23, 2003 and Modified Permit No. 31- 125335 -009, dated March 9.2004, incorporated herein and made a part of this lease by reference. The construction of the proposed structures depicted on Page 9 of Attachment A of this modified lease shall be completed no later than March 9.2009. The failure to complete construction of such authorized structures within this time period shall constitute a material breach of the lease pursuant to Paragraph 13, herein. All of the foregoing subject to the remaining conditions of this Lease. 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the Department of Environmental Protection, Environmental Resource Permit and Modified Permits. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi- family residential, from temporary mooring to rental of wetslips, from rental of wetslips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter /tour boats, from loading/offloading commercial to rental of wetslips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. [021 3. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof may be purchased, sold, or re -sold. 4. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 5. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terns, conditions and provisions of management standards and applicable laws, Hiles and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 6. INDEMNIFTCATIONANVESTIGATION OF ALL CLAIMS The Lessee shall investigate all claims of every nature at its expense. Each parry is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 7. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 8. NOTICES /COMPLIANCE/IERMINATION 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, it 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, or fails or refuses to comply with the provisions and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above- described parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian, Florida Attn: Terrance Moore, City Manager 1225 Main Street Sebastian, Florida 32958 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. 9. 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 and levied against the subject property during the effective period of this lease. 10. 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 such 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. Page 2 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 11. MAINTENANCE OF FACILITY/RIGHT TO INSPECT The Lessee shall maintain the leased premises in good condition, keeping the structures 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 constricted in any manner 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. 12. NON- DISCRBUNATIOM The Lessee shall not discriminate against any individual because of that individuaPs race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease tern, 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 said 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. 13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 15. 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 fill compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous 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 structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment B which shall run with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 16. REMOVAL OF STRUCTURES /ADMINISTRATIVE 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 deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mad addressed to the Lessee at the address specified in Paragraph 8 or at such 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 structures and the right to impose administrative fines. 17. REMOVAL COSTSILIEN ON RIPARIAN UP, LAND PROPERTY: Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summary proceedings as provided by law. 18. 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. Page 3 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 19. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure 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 structure 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 constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 20. 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, and must comply with the rules and 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 of the 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 facility. 21. ADVERTISEMENT / SIGNS /NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVITIES /MINOR 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 area. No restaurant or dining activities are to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, 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 structures and/or activities including dredging, relocation/realignment 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 structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures 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 agreement. 22. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 23. 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 Statutes 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. 24. LIVEABOARDS: The term "hveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 25. GAMBLING VESSELS: During the tern of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. Page 4 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 26. SPECIAL LEASE CONDITIONS: A. Lessee shall maintain for the term of this lease and any subsequent renewal periods the manatee information display and awareness signs. B. Lessee shall permit no more than 32 powered vessels to be moored at the facility at any given time. C. Lessee shall prohibit any mooring, on either a temporary or permanent basis, to the main aces docks (250 -foot lengths). To ensure compliance, the Lessee agrees to place and maintain (1) a 3 -foot high railing along the structures; and (2) signs advising boaters that mooring either on a temporary or permanent basis is prohibited. D. Waterbome vessels moored at the facility shall be limited to vessels with a minimum six -inch clearance between the draft of the vessel and the submerged lands. Pages of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 • STATE OF FLORIDA COUNTY OF LEON The M BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Date Adams, Operations and Manage Manager, Bureau ofPublic Land Adr Division of State Lands, Department Protection, as agent for and on behal the Internal Improvement Trust Fund instrument was acknowledged before me this)aA-day "LESSOR" o JN �r islrBEon, �- fdae$o td ru of the State offl�orida y. ........ J6 201by Dale Notary Public, State of Florida t ALL Ori ' e Typed rinted Name of Witness STATE OF Florida COUNTY OF Indian River Primed, Typed or Stamped Name My Commission Expires: ,V. Florence L Davis rA' MY COMMISSION* CC914560 EXPIRES October 11, 2004 " +,a,'�rt�, BQPIpRa RMtl lR9fff IN IWOtl RNV6iuNVt:- Commission/Serial No. aV NO Nathan McCollum Typed/Printed Name of Executing Authority for Title of Executing Authority "LESSEE" Approved as to form an� legality for the City of Sebastian. f 1—,' C-`� I) t I 1 Rich Stringer, City AttokAy The foregoing instrument was acknowledged before me this 25th day of August 2004 by Nathan McCoWrm as Mavor, for and on behalf of City of Sebastian. Florida He is personally known to me dro ffil�ia4tiAlm. My Commission Expires: JAAML& / I Feb. 28, 2007 Public, c, S of� �Lo Jeanette Williams Commission/Serial No. DD17 2594 Printed, Typed or Stamped Name Page 6 of 11 Pages a : Qp4m� Sovereignty Submerged Land Lease No. 31 37314 a*: •. =fit_ 0DIMA4 S: \SEBAkIAR \CI`(1' DOCK\DOCKEASE.dwg, 12/23/2003 11:44:07 AM, \ \KHA_TREE \1_5000.VRB.FL.KHA dry M y y y y y y y y y y y y D'Oy nDnn m'> mm ox x x x x x x = x== x a= = a= Como r0 r I[ m m m m m m m m m m m m m m m mmm C zz 0 <' m =0 ZZ Z Z Z Z Z Z Z Z Z Z Z ZZ z C-Iz zm- m 'ZD D Z m ym m m m m m m m m m m m -n m m x ❑m KOmz bNm m y❑ O. _ O. xZ. . 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VERO 11"Nl FLORIDA 32963 DARRELL FENNELL, ESQ. 979 Beachland Blvd. Vero Beach, FL 32963 DOCUMENTARY STAMPS DEED $h;6ao NOTES JEFFREY K. gARTAN, CLERK INDIAN RIVER COUNTY IN THE RECORDS OF JEFFREY K. 13AFITON CLERK CIRCUIT COURT INDIAN RIVER CO„ FLA. Fercelio Number. 06-31-39-00020-0110-00001/0 Warranty Deed This Indenture, Made this 30 -day of 10 ,1999 A.D., Between GOOD GUYS, INC., a corporation existing under the laws of the State of Florida of the county of Indian River , sore of Florida , grantor, and CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida whose address is: 1225 Main Street, Vero Beach, Florida 32958 of the county of Indian River Z', state of Florida , grantee. ` W itnesseth that the GRANTOR, for and in consideration of the sum of ----------------- - - - - -- -TEN DOLLARS ($10)--------- -------- - - - - -- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEES heirs, successors and assigns forever, the following described land, situate, lying and being inthe county of Indian River _ state of Florida to wit. Lots 11, 12, 13, 14 and 15, Block 9, and the North 1/2 of abandoned Jefferson Street bounded on the West by the Southerly projection of the West line of Lot 15, Block 11, and bounded on the South by the center line of the 80 foot abandoned right of way extended from its intersection with the projection of the West line of Lot 15 to the West right of way line to Old Dixie Highway. AND ALSO, Lots 1 through 5, Block 11, and the South 1/2 of an abandoned Harrison Street right of way extending Eastward from the East line of Old Dixie Highway to the edge of the Indian River. AND ALSO the North 1/2 of abandoned Jefferson Street right of way extending from Old Dixie Highway eastward to the Indian River; All lying and being in EDGEWATER PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 23, public records of Indian River County, Florida. Subject to easements of record and taxes after 1999. Subject to, and the Grantee assumes all responsibility for and holds the Grantor harmless from, any assessments or assessment liens relating to the "Riverfront Water Project" of the City of Sebastian. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Sipned. sealed and delivered in our presence: GOOD GUYS,/ INq". O By: iz (Seal) Pri ad N e: e a • o'AQ- Luciano Co ese, Vice President Witness r.0. Address: 5035 Falmays Circle Vero Beach, FL 32967 p 1- Attachment B Printed Name: Witness Page 11of 11 Pages SSLL No. 3115_37314 (Cttrpotatst)- STATE OF Florida COUNTY OF Indian River day The foregoing instrument was acknowledged before me this of 1UPT Luciano Cortese, Vice President of Good Guys, Inc., a Florida,,,' ' corporation heispasmdtyknowntomemhehasptoducAhis Florida driver' S..,lieense asidenuttcatton. Pmm� PAMELA PROFFiTT� Printed Name: $,,,aY � B MV COMMISSION #OC ry13,2032 Notary Public q�ar Ra,s EXPIRES:J a iyvnme co. My commission Expires: ndanuae. Sa ys ^... mgr ..�..r.... :,,✓.,y`mn""'.em..�, 990916 Le,a OenemtM by Olaspley Systeva, Ino, 1998 (94]) 7635553 Po,m Ff.WAI wl co W O m 'T! v7 J- CD