HomeMy WebLinkAbout1996 Lease AgreementThis Instrument Prepared By:
Cher King
Submerged Lands Section
Bureau of Land Managentent Services
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
DO~UMENINiti' ~
DEEDS · '7o
NOTE $
JFr~EY K, RARTO~, CLERK
INi)!;~N RIVER COUNTY
IN 't'HE RECORDS OF
J~FFREY K,
{',1 ERK CIRCUIT
~HL}iA.N RIVER CO, F~.
~ ~u
BO~ OF ~US~ES OF ~ ~ ~RO~ ~UST ~~
OF ~ STA~ OF ~O~A
MODIFIED SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 29459
BOTFILENO. 312648584
THIS EASEMENT is hereby granted by the Board of Trustees of the Inte_mal Improvement Trust Fund of
the State of Florida, herei~mfter referred to as the Grantor.
WlTNESSETH: That for the faithfifl and timely performance of and compliance with the terms and
conditions stated herein, the Grantor does hereby grant to City of Sebastian, Florida, a Florida municipal
corporation hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign
lands, if any, contained in the allowing legal description:
A parcel of submerged land in Section 06,
Township 31 South . Range 39 East , in Indian River ,
Indian River County, as is more particularly described
and shown on Attachment A, dated July 12, 1996 .
TO HAVE THE USE OF the hereinsbove described promises from November 15, 1996 , the effective
date of this easement. The terms and conditions of and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for an oyster bar wave break
and Grantee shall not engage in any activity except as described in the Department of Environmental Protection,
Environmental Resource Permit No. 312648584, dated August 16, 1995 , incorporated herein and made a part of this
easement by reference.
2. EASEMENT CONSIDERATION: The consideration for this easement shall be an mount as deteru~ined by the
nde establishing fees for utility crossings. Once the nde is adopted, payment shall be remitted to the Grantor according to
the nde. The established fee shall be assessed from the effective date oftbe subject nde.
3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title
to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement
is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parries during the term of this easement.
7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the
works and operations of the Grantee in any matter pertaining to this easement.
[42]
8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense, and shall inderanif5~, defend and save and hold harmless the Grantor and the State of Florida from ail
claims, actions, lawsuits and donands arising out of this easement, which do not arise out of or result from the negligent acts
of omissions of Grantor.
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to tiffs easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be uureasonably withheld. Any
assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
11. TERMINATION: The Grantee, by acceptance of this easement, 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 oftha
Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions
bemin set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be
t~minated by the Granter upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land
shail revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this
easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or
admihistrative roles shail be sufficient if sent by U.S. Mail to the following address:
City of Sebastian Florida
1225 Main Street
Sebastian, Florida 32958
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
change is effective.
12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liab'flities that accrue to the
subject property or to the improvements thereon, including any and all drainage or spec/ai 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 easement which result from the grant of this easement or the activities of Grantee hereunder.
13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removai and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified
in Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition
to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removai
of all structures and the right to impose administrative fines.
14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce
any provision, nor any waiver or successive waivers on its part of any provision heroin, shall operate as a discharge thereof or
render the same inoporative or impair the right of the Grantor to enforce the same upon any renewai thereof or in the event of
subsequent breach or breaches.
15. RECORDATION OF EASEMENT: The Grantee, at its own expoase, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
rec(xpt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
16. AMENDMENT/MODIFICATIONS: This easement is the entire and ouly agreem~nt between the parfies. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
17. ACOE AUTHORIZATION: Pner to commencemant of constmctian and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit ff it is required by the COE. Any modifications to the
construction and/ur activiries authorized herein that may be required by the COE shall require consideration by and the prior
written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
Page 2 of 8 Pages
Easement No. 29459
18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
struclures shall be erected and/or activities ~mdertaken, including but not limited to, dredging, relocation/realignment or
major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior
written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the
Grantor, such activities or structures shall he considered unauthorized and a violation of Chapter 253, Florida Statutes, and
shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are
required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such
repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities
authorized by this easement.
19. UPLAND RIPARIAN PROPERTY INTEREST: During the tc~xn of this easement, Grantee, pursuant to section
18-21.009, Florida Administrative Code, must either be the record owner of the riparian upland property or have the written
consent of the riparian upland property owucr(s) to conduct the activity described in this easement. If at any tiare during the
term of this easement, Grantee fails to comply with this requirement, this easement shall terminate and rifle to this easement
shall revert to and vest in the Grantor immediately and automatically.
Page 3 of 8__Pages
Easement No. 29459
WITNESSES:
Original Signature
/ram L.
Typed/Printed Name of Witness
O~iginal Signature
Typed/Printed Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FLrND OF THE STATE
OF FLORIDA
(SE~J~)
Carolyn Thomps~ Senior Managen~nt Analyst II,
Bureau of Land Management Services, Division of State
Land, Agent for the Board of Trustees of the Internal
Improvement Trust Fund
"GRANTOR"
The foregoing instrument was acknowledged before me tlfis /
by Carolyn Thompson, Senior Management Analyst II, who is personally~ tp nl~.
APPROVED AS TO FORM AND LEGALITY: /~/
DEP'~ff-omey I - '
Printed, Typed or Stamped Name
-- ,7.. - - _ My Commission Expires:
WITNESSES: City of Sebastian Florida
Grantee
· B cz _~ ~ ~,
o imn C±ty-C erk OriB of
Kath .ryn ?4. O'l-l~lloran; CMC./AAE
Typ~Printed Name of Wimess
Original Si~natnre I
Typed/P~nted Na~ne of Witness
Lomse Cartwnght '%? ' 7a
Typed/Printed Name of Executing A6thO~ .ty
Ma/or
Title of Executing Authority
STATE OF
The foregoing instrument was acknowledged before me this/o~, day of L
by Louise Cartwright
or who has produced
My Commission Expires:
Commission/Serial No,
Page~4 of 8 Pages
Easement No. 29459
as Mayor · for a~d on behalf ef City of Sebastian Florida , as iden~cation.
' P~ic, State
, ~ed o~ S~
C..~Eo~ Et Pein1
-~C~mmi
Green
Attachment A
Page 5 of 8 Pages
Easement No. 29459
REVISED LEGAL DESCRHV~ON FOR EXPERIMENTAL
OYSTER BAR WAVE BREAK
The location of the Experimental Oyster Bar can be described as follows:
LoCated in Section 6, Township 31S, Range 39E, commencing at a point, said point
bemg the northeast corner of Riverwew Park, thence S 20 45 00"E a distance of 455
to a point, thence N 69~45'00"E a distance of 70' to the point of beginning, from said
point' of begmmng' ' N 56'30'30"E a distance of 12t, thence N 33°30'30"Wo , a distance
of 150t, thence S 56°30'30"W a distance of 12~, and thence S 33 30 30"E a distance
of 150' back to point of beginning. (contain±rig approx±mately 1,800 square
feet, more or less).
Attachment A
Page 6 of 8 Pages
Easement No. 29459
Attachment A
Page 7 of 8 Pages
Easement No. 29459
Attachment A
Page 8 of 8 Pages
Easement No. 29459
, 0~ This Instrument Prepared By:
¢
Cher King
Submerged Lands Section
Bureau of Land Management Services
3900 Commonwealth Boulevard
Mail Station No. 125
Tallshassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 29459
BOT FILE NO. 312648584
THIS EASEMENT is hereby ~ranted by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida, hereinafter referred
to aa the Grantor.
WITNESSETH: That for the faithful and timely performance of and
compliance with the terms and conditions stated herein, the Grantor does
hereby grant to Cit~ of Sebastian, Florida, a Florida municipal corporation,
hereinafter referred to as the Grantee, a nonexclusive easement on, under and
across the sovereign lands described as follows:
A parcel of sovereign submerged land in Section 06 ,
Township 31 South , Range 39 East , in Indian River AquatLc
Preserve, Indian River County, as is more particularly described
and shown on Attachment A, dated M~ 22, i995.
TO HAVE THE USE OF the hereinabove described premises for a period
of 5 years from September 16, 1995 , the effective date of this
easement. The terms and conditions of and for which this easement is granted
are as follows:
1. The above described parcel of land shall be used solely for the
installation of a breakwater and Grantee shall not engage in any activity
except as described in the Division of Environmental Resource Permitting,
Permit No. 312648584 dated August 16, 1995, attached hereto as Attachment B,
and made a part hereof.
2. The rights hereby granted shall be subject to any and all prior
rights of the United States and any and ail prior grants by the Grantor in and
to the submerged lands situated within the limits of this easement.
3. Grantee shall not damage the easement lands or unduly interfere with
public or private rights therein.
4. This easement is nonexc].usive, and the Grantor, or its duly
authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and
shall retain the cigh= to grant compatible uses of the property to third
parties during the term of this easement.
5. Grantor, or its duly authorized agent, shall have the right at any
time to inspect the works and operations of the Grantee in any matter
pertaining to this easement.
6. The Grantee shall investigate all claims of every nature at its
exp~nse. Each party 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.
[42]
7. Grantee waives venue as to any litigation arising from matters
relating to this easement and any such litigation between Grantor and Grantee
shall be initiated and maintained only in Leon County, Florida.
8. This easement shall not be assigned or otherwise transferred without
prior written consent of the Grantor or its duly authorized agent. Any
assignment or other transfer without prior written consent of the Grantor
shall be null and void and without legal effect.
9. The Grantee, by acceptance of this easement, 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
Grantee, its successors and assigns. In the event the Grantee fails or
refuses to comply with the provisions and conditions herein set forth or in
the event the Grantee violates any of the provisions and conditions herein,
this easement may be terminated by the Grantor upon 30 days written notice to
Grantee. If terminated, all of the above-described parcel of land shall
revert to tbe Grantor. All costs, including attorneys' fees, incurred by the
Grantor to enforce the provisions of this easement shall be paid by the
Grantee. All notices required to be given to Grantee by this easement or
applicable law or administrative rules shall be sufficient if sent by U.S.
Mail to the following address:
City of Sebastian Florida, a Florida municipal corporation
1225 Main Street
Sebastian, Florida 32958
The Grantee agrees to notify the Grantor by certified mail of any
changes to this address at least ten (10) days before the change is effective.
10. The Grantee 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 easement which result
from the grant of this easement or the activities of Grantee hereunder.
11. Renewal of this easement is at the sole option of the Grantor. Such
renewal shall be subject to the terms, conditions and provisions of current
management standards and applicable laws, rules and regulations in effect at
that time. In the event that Grantee is in full compliance with the terms of
this easement, the Grantee shall be allowed a 30-day grace period after
expiration of this easement to apply in w~iting for a renewal. If the Grantee
fails to apply for a renewal within the grace period, or in the event the
Grantor does not grant a renewal, the Grantee shall vacate the premises and
remove all structures and equipment occupying and erected thereon at its
expense.
12. If the Grantee does not remove said structures and equipment
occupying and erected upon the premises after expiration or cancellation of
this easement, such structures and equipment will be deemed forfeited to the
Grantor, and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail
addressed to the Grantee at the address specified in Item 10 or at such
address on record as provided to the Grantor by the Grantee. However, such
remedy shall be in addition to all other remedies available to Grantor under
applicable laws, rules and regulations including the right to compel removal
of all structures and the right to impose administrative fines.
13. No failure, or successive failures, on the part of the Grantor 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 Grantor to enforce the same upon any
renewal thereof or in the event of subsequent breach or breaches.
14. The Grantee, at its own expense, shall record this easement and any
subsequent approved renewal and/or modified easements in the official records
of the county within which the e~sement el. ts %s located within fourteen (14)
days after receipt of a fully executed copy of this easement, and shall
provide the Grantor with a copy of the recorded easement indicating the book
and page at which the easement is recorded.
15. This easement is the entire and only agreement between the parties.
Its provisions ar~ not severable. Any amendment or modification to this
easement must be in writing and must be accepted, acknowledged and executed by
the Grantee and Grantor.
Page 2 of 22 Pages
Easement No. 29459
16. Prior to commencement of construction and/or activities authorized
herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit
if it is required by the COE. Any modifications to the construction and/or
activities authorized herein that may be required by the COE shall requ£re
consideration by and the prior written approval of the Grantor prior to the
com~encement of construction and/or any activities on sovereign, submerged
lands.
17. 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 Grantor, with the exception of
emergency repairs. Unless specifically authorized in writing by the Grantor,
such activities or structures shall be considered unauthorized and a violation
of Chapter 253, Florida Statutes, and shall subject the Grantee to
administrative fines under Chapter 18-14, Florida Administrative Code. If
emergency repairs should have to be undertaken in the interests of public
health, safety or welfare, the Grantee shall notify the Grantor of such
repairs as quickly as is practicable; provided, however, that such emergency
activities shall not exceed the activities authorized by this agreement.
Page 3 of 22 Pages
Easement No. 29459
WITNESSES: ~
~~atu~
Typed/PrinSe~ Name of%Witness
Typed/Printed ~ of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
Carolyn Thompson, Senio~
Management Analyst II, B~reau of
Land Management Services,
Division of State Lands, Agent
for the Board of Trustees of the
Internal Improvement Trust Fund
"GRANTOR"
APPROVED ~S TO FORM AND LEGALITY:
-DEP [Attorhey
The foregoing instrument was acknowledged before me this ~/~ day of
.~/~J-~ , 19 ~) , by Carolyn Thompson, Senior Management Analyst Il, who
personally known to me.
Notary Public, State of Florida
Clerk
Commission/Serial No.
City of Sebastian, Florida,
a Florida
~;~ic~pal corporation (SEAL)
Original Signature of Executing Authority
Typed/Printed Name .of Witness
~i-g'ih a 1 S ~gh'ature
Typed/Printed Name of Witness
Arthur L. Firtion
Typed/Printed Name of Executing Authority
Mayor
Title of Executing Authority
"GRANTEE"
~ The~foregoing inst?~ment was acknowledged before me this day of
,.'""/-'~'~',~"A/~/c,~J~,( , 19 ~, by Arthur L. Firtion as Mayor, for and on behalf of City
of sebasfian, a Florid9 ,municipal corporation. He is or who
has produced ~L.~2 , as
n Expires:
Commission/Serial No./.~.(..~j¢/~ /~-- Pr Typed or St~
Page 4 of 22 Pages
Easement No. 29459
Legal Description for Wave Break
The location of the proposed Experimental Oyster Bar can
be described as follows:
Located in Section 6, Township 31S, Range 39E, commencing
at a point, said point being the northeast corner of
Riverview Park, thence S 20°45'00"E a distance of 455' to
a point, thence N 69°45'00"E a distance of 75' to the
point of beginning from said point of beginning N
56°30'30"E a distance of 7', thence N 33°30'30"W a
distance of 150', thence S 56°30'30"W a distance of 7'
and thence S 33°30'30"E a distance of 150' back to point
of beginning. (approximately 1,050 square feet)
Attachment A
Page 5 of 22 Pages
SSLE No. 29459
INDIAN RI'~.R 60-'-'"-
T30S
Attachment A
Page 6 of 22 Pages
SSLE Ro. 29459
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Run (E) ~ '0,,
Attachment A
Page 7 of 22 Pages
SSLE No. 29459
Attachment A
Page 8 of 22 Pages
SSLE No. 29459