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HomeMy WebLinkAbout2015 ModificationThis Instrument Prepared By: Celeda Wallace 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 BOT FILE NO. 310006484 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 payment of the annual lease fees hereinafter provided and 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 E in Indian River, Indian River County, containing 23,081 square feet, more or less, as is more particularly described and shown on Attachment A, dated October 14, 2014. TO HAVE THE USE OF the hereinabove described premises from June 12, 2015, the effective date of this modified lease, through August 15, 2019, the expiration date of this modified lease. The terms 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 13 -slip commercial docking facility and non -water dependent building/structure to be used exclusively for mooring of commercial fishing vessels and recreational vessels in conjunction with an upland parking lot for marina customers, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 27 as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Environmental Resource Permit No. 31-0246999-002, dated June 12, 2015, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. [01 ] 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area (2.226 square feet) of $376.86, 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of receipt of this fully executed modified lease. The annual fee for the remaining years of this lease for the entire lease area (23,081 square feet) shall be adjusted pursuant to provisions of Rule 18-21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of State Lands (the "Division") will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division, as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18-21.003(31), Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6%) of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. (C) The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor. 4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (12%) per annum, calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto 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. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the 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 entire term of this lease 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. 7. 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 (i) 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.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, 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. Page 2 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 8. 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. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and 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. 10. 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 this lease, current 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. 11. 1NDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. 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. 12. 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, its 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 set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (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 the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. 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 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. 13. 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. 14. 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 3 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 15. 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. 16. 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. 17. 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. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 19. 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 the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. 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 Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. 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 12 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. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, 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 Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. 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. Page 4 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 23. 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 docking facility. 24. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/1bIINOR 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 lease. 25. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USAGE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE 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. 26. 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. 27. 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. 28. 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. Page 5 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 29. SPECIAL LEASE CONDITIONS: A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to restore the structure to a safely useable condition. In addition, the use of the non -water dependent structures included in this lease shall not be converted to a new use except as authorized in writing by the Lessor. B. During the term of this lease and all subsequent renewal terms, Lessee shall maintain permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street — 6A, Tallahassee, Florida 32399-1600 (Phone 850/922-4330). Page 6 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL _ IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA -Original Signatu - (SEAL) Ali roi5 BY: Y L *int/T N Witnes Cheryl C. M C i, Chief, Bureau of Public Land. Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the gnature Board of Trustees of the Internal Improvement Trust Fund of the a , , �) State of Florida "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20 k5 by of FlJorida. She is personally known to me. AP.P&OVED SUBJECT L PROPFR F30 Printed, Typed or Stamped My Commission Expires: Commission/Serial No. Page 7 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 WITNESSES: Original Siature ly-A. Maio Typed/Printe& of Witness Origin i ature Joe Griffin Typed/Printed Name of Witness STATE OF Florida COUNTY OF Indian River Cily of Sebastian, Florida SE Original ignature of Executing Authority Richard H. Gillmor Typed/Printed Name of Executing Authority Mayor Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me this 8th day of July , 2015 • by Richard H. Gillmor as Mayor, for and on behalf of City of Sebastian, Florida. He is personally known to me as identification. My Commission Expires: dA:�� S(dnature of Notary Public 2/28/2019 Commission/Serial No. FF 186485 j'I'0000f '-'r ',g�; 40-Y ATToQN Page 8 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 Notary Public, State of Florida Jeanette Williams Printed, Typed or Stamped Name )P�••ZTE !�Z?q z•�lfzi g;p$I:�85lON.1 AR,y 28,� ; o :arc Wim: j •; OF 186985 ; p E/C • A��o` �`� 1114, 101 d W N o tT �" z5 u0sq��3— • " CQ - %iY -*� co �_ � Coss St t ��`� ON CDrD CD au ro m u '�0 F-A K= Ln- O _ r--. n a r 16 LJ m - C T N � ta' -_+ : _ Co x, i - 'Y i { S VIM V. ,_•. - '. 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FISHERMAN S LANDING MARINA SURVEY (THIS IS A FIELD SURVEY) Legal Description: A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NAIL & DISK STAMPED WBZ AT THE INTERSECTION OF THE NORTH LINE OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 564, PAGE 596, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE, RUN S25°39'00°E, A DISTANCE OF 182.97 FEET TO AN IRON ROD & CAP STAMPED LB 4644 AT THE SOUTH LINE OF MIDDLETON'S SUBDIVISION PER PLAT BOOK 2, PAGE 56 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN S88°17'26"E (BASIS OF BEARINGS) ALONG THE SAID SOUTH LINE OF MIDDLETON'S SUDIVISION , A DISTANCE OF 116.14 FEET; THENCE RUN N07050'15"E, A DISTANCE OF 32.54 FEET; THENCE RUN N13056'13"W, A DISTANCE OF 15.89 FEET; THENCE RUN NO2°14'55"E, A DISTANCE OF 42.86 FEET; THENCE RUN N21 °5442"E, A DISTANCE OF 14.69 FEET TO THE POINT OF BEGINNING; THENCE RUN S67°5522"W, A DISTANCE OF 8.66 FEET TO THE MEAN HIGH WATER LINE OF THE INDIAN RIVER; THENCE RUN ALONG THE SAID MEAN HIGH WATER LINE N01 02217"W, A DISTANCE OF 14.02 FEET, THENCE RUN N25015'42"W, A DISTANCE OF 19.25 FEET; THENCE RUN N 40°24'OTW, A DISTANCE OF 20.47 FEET; THENCE RUN N43049'1 6"W, A DISTANCE OF 13.99 FEET; THENCE RUN N44°06'28"W, A DISTANCE OF 10.09 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, RUN N68°08'12"E, A DISTANCE OF 50.95 FEET; THENCE RUN N21°19'15"W, A DISTANCE OF 60.78 FEET; THENCE RUN N64059'24"E, A DISTANCE OF 122.46 FEET; THENCE RUN N 67037'58"E, A DISTANCE OF 31.12 FEET; THENCE RUN S21°11'23"E, A DISTANCE OF 43.03 FEET; THENCE RUN S 22°06'09"E, A DISTANCE OF 47.14 FEET; THENCE RUN S23039'34"E, A DISTANCE OF 43.70 FEET; THENCE RUN S68°41'41"W, A DISTANCE OF 77.52 FEET; THENCE RUN S25005'08"E, A DISTANCE OF 2.35 FEET; THENCE RUN S 67°53'24"W, A DISTANCE OF 22.27 FEET; THENCE RUN S 24035154"E, A DISTANCE OF 3.63 FEET; THENCE RUN S67°5622"W, A DISTANCE OF 87.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.54 ACRES (23316.05 SQ. FT.) MORE OR LESS. Legend & Abbreviations (symbols not scaleable for size) PLS - PROFESSIONAL LAND SURVEYOR CR - COUNRT ROAD PSM - PROFESSIONAL SURVEYOR & MAPPER LB - LAND SURVEYING BUSINESS Cj:� - CENTERLINE (M) - MEASURED VALUE (P) - PLAT VALUE RNU - RIGHT OF WAY O.R.B. - OFFICIAL RECORD BOOK P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING SURVEY FOR: FISHERMAN'S LANDING MARINA MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213. FAX: 772-794-1096 E-MAIL: L86905 a�BELLSOUTIi.NET 2OF4 Attachment A Page 11 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 FISHUMAN S LANDING MARINA SURVEY (THIS IS A FIELD SURVEY) Report of Survey (Project # 10-043—SLL) * TYPE OF SURVEY: BOUNDARY SURVEY * THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. LB#6905 d.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 * THE EXPECTED USE OF THIS LAND, AS CLASSIFIED IN THE FLORIDA STANDARDS OF PRACTICE (5J-17, FAC) IS COMMERCIAL/HIGH RISK. THE MINIMUM RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT IN 10,000. THE MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF THIS ACCURACY REQUIREMENT. * THIS SURVEY MEETS ALL APPLICABLE REQUIREMENTS OF THE FLORIDA STANDARDS OF PRACTICE AS CONTAINED IN 5J-17, FAC. * ELEVATIONS AND DIMENSIONS SHOWN HEREON ARE MEASURED IN FEET AND DECIMAL PARTS THEREOF. * THE LAST DATE OF FIELD WORK WAS: 3/11/14 * BUILDING SETBACK LINES, IF SHOWN ARE BASED ON THE BEST AVAILABLE INFORMATION, BUT ARE NOT CERTIFIED TO. THE SETBACKS MUST BE VERIFIED PRIOR TO DESIGN AND CONSTRUCTION. * THE BEARING BASE FOR THIS SURVEY IS THE EAST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE S25039'000E. * THIS SURVEY DOES NOT CERTIFY TO THE EXISTANCE OR LOCATION OF ANY UNDERGROUND IMPROVEMENTS: UTILITIES, FOUNDATIONS, OR ENCROACHMENTS, EXCEPT AS SHOWN. * NO INSTRUMENTS OF RECORD REGARDING EASEMENTS, RIGHT—OF—WAYS, OR OWNERSHIP WERE SUPPLIED TO THIS SURVEYOR, EXCEPT AS SHOWN. * NO TITLE OPINION OR GUARUNTEE IS EXPESSED OR IMPLIED. * UNLESS A COMPARISON IS SHOWN, DEE VALUES AND MEASURED VALUES ARE THE SAME. * ORIGINAL LEGAL DESCRIPTION IS AS PROVIDED BY THE CLIENT AND MODIFIED BY THE SURVEYOR. * UNLESS OTHERWISE INDICATED, FOUND MONUMENTATION IS UNIDENTIFIED. THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD ZONES .X", AE -6,7 & 8 AND VE -7, PER FLOOD INSURANCE RATE MAP #12061CO103 H, DATED DECEMBER 04, 2012. * THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. THE PRIMARY BENCHMARK USED IS USC&G MONUMENT F-200 1960; ELEVATION s 18.30' NAVD 1988. SITE BENCHMARKS ARE AS SHOWN ON THE PLAN. Certified To: 1) THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 2) 3) 4) 5) SURVEY FOR: FISHERMAN'S LANDING MARINA MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUrrE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E-MAIL: LB6905( BELLSOUTH.NET Attachment A Page 12 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 FISHERMAN S LANDING MARINA SURVEY (THIS IS A FIELD SURVEY) Y • � •• • 1• 1` rrrn- .r. t t L i .. �. 1 �`.`� .� -r•-- �, 1. � ' .�YMM`Mw�,�•Wr.� • .tir Lr-:": i.'.���-`...�..Tw• SL. r �iMt WIY. � -_ 1'.. --•..mal„ '�� wrrrr•r•- � r� �. ...��:.•'T'r•.-'.+.75'i.: � .ter �..�ww.::�r r... E:t:i !1 SITE LOCATION Certified To: 1) THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 2) 3) 4) 5) SURVEY FOR: FISHERMAN'S LANDING MARINA MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 V ERO BEACI•I, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E-rVUIL: L66905Cte�lBELLSOUTH•NET Attachment A Page 13 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 THIS SURVEY IS NOT VALID WMOUT THE SIGNA7URE AND 7HE ONGINAL RAISED SEAL OF 7HE FLORIDA LICENSED SURVEYOR AND MAPPER NAMED, BELOW. CHARLES fr BLMCHNO P.S.M. 0755 Page 1 of 2 2077483 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2431 PG: 1266, 07/12/2010 11:53 AM DOC STAMPS D $5250.00 TW lamwoent Prepared ft sad draw etatW TW, Ansadmn Aooanast fervbaCa,peaaslaa 3412 Wet 1.1arlsvae Aupae Taetpa. nort& 13618 ASS a 21M TRUSTEE'S DEED TILLS LN'DE14TURE, msdt this day of June. A.D. 2010, between HERBERT V. htORRISG RM'CCESSOR TRUSTEE OF THE IJ NRY J. DABROWSKI IRREVOCABLE TRUST UNDER REVOCABLE LIVING TRUST AGRHMEW DATED JULY 17, 2007, wbose address Is 28826 Remblewood Drive, Fatmu ffion Hills, MI 48334.1730, Grsestor, and CITY OF SEBASTIAN!, a mumicipallty within Indian River County, Florida. wt ose mailing addvsss is 1223 usia Street Std &loss Florida 3294 Grantee, (Wherever wd aerrh the ttsan "Creawr' and %motae" !*lode atr the pude to rttY tastraaaat and caear Mrs, k8d rcarcmtanro, soectston and aatlasa 'Gmntw' mad %rsouse am grad lir da4ater sad pWra4 as tae tomwit rcestre tad tfe art etwy ae•W shtu Ind.de all aeadtrt.) V47NESSETH: That the said Gt*nwt, for and in oomideration of the seat of Ten Dollsn and odtw good and valuable camldaedons, to said Gnrjor in band paid by said Grainer, dw rompt whereof is hereby edmotvtedged, does busby remise, release and quitrltim unto the said Grantee famte, all tight, title, interest, claim and demand which the said Gmatorbas to and to the f tliowing described land sisaate, lying and being is Indum River County. Florida. to-wh: See T.xhlbit "A" attached hereto and by reference [Wade a part hersoL By saeptsxe of tit's Trustee's Deed, the Grantee hereby agrees the the use of the Pmperry described herein sba11 be subject to tlao eovensats and restrictions as act ibnit in the Declarstiou of Restrictive Cownatus nt oaded in Gtr Mile Records of Indian River Ca Florida. IDesa end caveman srestrictions sball run wide Cue Pmpaty Main ductil d. if soy perm or condition at Car Daelsrsoon of Rewicave Cov=Ants is violated by the Grsatea or by some third party with the kmwlod=e of due Grsmee and the Grantee does not correct the viola m pmsoam to rho Declaration of Restrictive Covenants, fee simple tide 16 an interest to the Project Site sbsll be conveyed to the Based of Trustees of the Imtanal lmprovanm Trust Fund of tho Sate otFMda in accordum with Chapter 380, Pan til. Florida Stausta. TO HAVE AND TO HOLD the same together with all and sintular the appurtenances trent alto beloogirry or in anywise appertabdug and all tete caste, rtgtu, dtlmp int sysr, fiat, equity and claim wbstsoem of the said Onmor shier in law or egtdiy. to the only proper use, bcwflt sod behoof of the ssid Or"Wo fotmvrr. THIS DEED b exectucd pusuunt to and in cxeroiso of rho power std aubority granted to and vcsW in said Trusae by the to of slid dordf at deeds to crust delivarod to said Trustee In pursuance of dna T*A Agroemau sbove mention& This deed Is made subject to taus and assa:mwts for the )ear 2010 and yew the:Wer and s Wcct to easements mrd restrictions ormord, if say. This oonvoyexe a mWea to tesmtean, restrictions, limitations and conditions of retort if any now esiuk but any :tech interests that may have, boon teeminStad are oat hweby m-uuposed. This property is not tit: home==d property of the Gnato4bJ nor coatiguous to hasnauesd ptopetry, as sracb bomatead is defined ander Florida lave. Ue WITNESS WHEREOF the Osantor has bercuaeo ser Qr=oes band and sal, rho day and your lint above wtutca Signed, scaled and delivered in Qua tt ) Herbert V. Morrison. Successor Trustee of the Htvj* J. Dsbrowsld Irrevoesble Trust Mader Revocable Living Trust Agreement dated Wed ori---fo J* 17.207 est 'sass:.) (S' at item rnfna �� ride "or aasatped to= of second wAbcssl' STATYof IJ/C1116AA) COUNTY07 .• jJW1 iatittwasocimosrlcedbefore ma thisday of TItnf 2010. by Serben V. Morrison. thb Herm! J. Dabrota:tld irrnvc*bk�t Under RevouuWe Min Trout Agreement dated July 17, ) Wwaty Public must eheeit applicable box): is !mown t� • n . �.- f(jQ a etuna d liamte as oa rx-e-UhL Go= '•a••••-•' ir.:45� (Prilucd,T trStsmped atnoo I1oary Cmmtnbsioallo: ar.t......-.+' ?! MyCommission _____— _. _. ! % ... ►:�: :IYOF4VAW4dr http://ori.indian-river.org////DocumentIGetDocumentForPrintPNG/?request=AQAAANC... 6/30/2015 Attachment B Page 14 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 Page 2 of 2 BK: 2431 PG: 1267 EXHIBIT OX LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT i AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETONS SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING; THENCE NORTHERLY 118°4V3i' ALONG THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE. A DISTANCE OF 184.75 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED "X"; THENCE RUN EAST 10' NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE HIGH. WATER LINE OF THE INDIAN RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAND, LITOR1AL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME: APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. http://ori.indian-river.org////DocumentIGetDocumentForPrintPNG/?request=AQAAANC... 6/30/2015 Attachment B Page 15 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 July 15, 2015 City Of Sebastian, Florida Attn: Frank Watanabe 1225 Main Street Sebastian, FL 32958 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MARJORY STONEMAN DOUGLAS BUILDING 3900 COMMONWEALTH BOULEVARD TALLAHASSEE, FLORIDA 32399-3000 BOT Lease No.: 310006484 Lessee: City Of Sebastian, Florida Dear Frank Watanabe, RICK SCOTT GOV ERNOIt CARLOS 1,0P1"Z-CAN 1`1tA LT. GOVERNOR JONiVfHAN P. SCEVERSON INTIM./l SE'04:I'ARY Enclosed is a fully executed original lease for your records. The original lease, at the option of the Lessee, may be recorded in the official records of the county where the leased site is located. If the billing agent, phone number, or fax number change, or there is a change in the lessee's tax status, please notify the BUREAU OF PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION in writing within 30 days of the date of any change. Any future correspondence or inquiries should be directed to this office, at the letterhead address above or at (850) 245-2758. Thank you for your assitance and cooperation in this matter. Sincerely, A t-7 af a 0 V4 F4, Kathy C. Griffin Government Operations Consultant I Bureau of Public Land Administration Division of State Lands / kcg Enclosure cc: File www.dep.state.fl.us This Instrument Prepared By: Celeda Wallace 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 BOT FILE NO. 310006484 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 payment of the annual lease fees hereinafter provided and 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 Indian River. Indian River County, containing 23,081 square feet, more or less, as is more particularly described and shown on Attachment A, dated October 14, 2014. TO HAVE THE USE OF the hereinabove described premises from June 12.2015, the effective date of this modified lease, through August 15, 2019 the expiration date of this modified lease. The terms 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 13 -slip commercial docking facility and non -water dependent building/structure to be used exclusively for mooring of commercial fishing vessels and recreational vessels in conjunction with an upland parking lot for marina customers, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 27 as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Environmental Resource Permit No. 31-0246999-002 dated June 12, 2015 incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. [01j 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area (2.226 square feet) of $37 .86, 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of receipt of this fully executed modified lease. The annual fee for the remaining years of this lease for the entire lease area2( 3.081 square feet) shall be adjusted pursuant to provisions of Rule 18-21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of State Lands (the "Division") will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division, as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18-21.003(31), Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6%) of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. (C) The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor. 4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (12%) per annum, calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto 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. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the 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 entire term of this lease 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. 7. 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 (i) 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.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, 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. Page 2 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 8. 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. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and 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. 10. 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 this lease, current 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. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. 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. 12. 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, its 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 set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (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 the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. 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 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. 13. 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. 14. 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 3 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 15. 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. 16. 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. 17. 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. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 19. 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 the Lessee is in full compliance with the terns of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. 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 Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. 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 12 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. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, 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 Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RIPARIAN RIGHTSIFINAL 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. Page 4 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 23. 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 docking facility. 24. 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 lease. 25. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE 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. 26. 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. 27. 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 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. 28. 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. Page 5 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 29. SPECIAL LEASE CONDITIONS: A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to restore the structure to a safely useable condition. In addition, the use of the non -water dependent structures included in this lease shall not be converted to a new use except as authorized in writing by the Lessor. B. During the term of this lease and all subsequent renewal terms, Lessee shall maintain permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street — 6A, Tallahassee, Florida 32399-1600 (Phone 8501922-4330). Page 6 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. _ WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE _ - OF FLORIDA ""Original -Signature (SEAL) BY: Print/Type Name of Witness Original Signature PrinvType Name of Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of of Florida. She is personally known to me. Atvjp SUBJECEROPEREXE UTION: t� Notary Public, State of Florida D Attom /` Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 7 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 20_, WITNESSES: Q �� Original Si ature S 1y A. Maio Typed/Printed Na4fe of Witness OriginalKigdature Joe Griffin Typed/Printed Name of Witness STATE OF Florida COUNTY OF Iridian River City of Sebastrop. Florida SEAL Original gignature of Executing Authority _ Richard H. Gillmor Typed/Printed Name of Executing Authority of Executing Authority "LESSEE' The foregoing instrument was acknowledged before me this 8th day of July 2015_, by Richard H. Gillmor as Ma )Lo, for and on behalf of City of Sebastian. Florida. He is personally known to me . as identification. My Commission Expires: 2/28/2019 Commission/Serial No. FF 18648-9 ci/y ATio,¢N Page 8 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 zia—A .� e (,l)JlC,�-rn/J. S60ature of Notary Public Notary Public, State of Florida Jeanette Williams Printed, Typed or Stamped Name OFF 186485 t> bing Maps 1532 Indian River Dr, Sebastian, FL 32958 sobz" n Orchid lndiclt7 P.blix tr Mal Fsher's Treasure Museum —a PC P -J, Main St -Fl Pa rnetto Ave V Cs Italian t;p bing h:ZG Attachment A Page 9 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 Tyin Nuts and rl;.r,, 1, c G 2::5 C 2:15 HERE LS 0 Sport cl Ch Captain Hiram's 1-. Resort Reh: Oyster Pointe & 1-' Oyster Bay Res... Crab Jglr& Indian Rilw'pl– sobz" n Orchid lndiclt7 P.blix tr Mal Fsher's Treasure Museum —a PC P -J, Main St -Fl Pa rnetto Ave V Cs Italian t;p bing h:ZG Attachment A Page 9 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 Tyin Nuts and rl;.r,, 1, c G 2::5 C 2:15 HERE 48690001 £'oN asual spuu1 poSiowgnS 4uSpioAoS sassd SI 3o OI abed y luawgaeuy 3.3VTL cloy 30iu150690T I•IIVTV-3 •tl3NLONV 31,101nONLIM 3mdIW0 ONV Tina 10H 33V DRUM ONV IVId 3NL 9601- 6L-ZU:XVd'EIZI-t6L-ZLL:3NOHd IVDc N WWVllV 3NL d0 ON3 3141 1V ONnOJ 30 AVM TV35 ONV WILM S 11319% 5069#0709firs-u'NJV30Z30H3A NO3H3N 03MVN N3ddVM ONV W)-JANI15 miflLS103H VOW -W 3HL 30 TVM a3SI4L ® IOULIVUAIRMARINVIMOLILI TVNIOOIO 3NL ONV 3UrLLVNOIS 3NL 1n0NLVA TWA ION 3NV IWaV ONV IVTd SIM suoAamins o 1 d'S :AB *(1>10NVIGlUg W •e•H•o :Aa 'NMO tit -4Z-60 :3140 11S-£-V0-OL 'ON Toad 3Ui AWONnoe :3d,l }} (� 3J Ni) `dNIVN ONIGNV/ S,NVVgd3HSid O :�JOJ )13A1 JnS A0 iV�d o ,669b-97 D° u ,F9't' 3,*9,96*Z S ZZ 7 0Nl,Z/t ov 31VOS OIHdV80 NOlS'b IDMS SN0137001H 3N17 HL ,99ZI M,Zt,Zt ZS N bt 7 ,19W M,L£ZZ10 N tZ 7 9l bl'9t ,bb'Zf M,IZ,S[.bb N £1 7.b9ZZ 3.Z9,SGb0 N 0.7 7 Z,LL95 SF'Z 3.90 MSZ S Zt 7 ,Z9ZZ 3.646GZ0 N 61 7 !ua LZZZ M bt£SL9 S It 7 106ZZ M, am6o N 91 7 / Hv •9Z L£'Ol RA 0.1.1k N Ot 7 ! ZZ M 61;6£.90 N ZI 7 5'l 3, 9F 90.ZZ S 6 7 ,60'6 X91,Lt,99 S 91 7 q 60'Ol 9t961bb N 9 7 lb'Zl ALV,9C.£b N Sl 7 / zo*6i 9 X 94. o N 9 7 3N 5di tl� � ,6981 MYZb�t� N Z 7 a `JNV1Sl0 V3B N 3#17/ o ^i r 3SY37030H31NBns a` nd a3nIa N1dIaN11 0 7Z 7Q e CA cn pC D'-Z60M Z - :i1NN00 N311t1 NVAi do 190N0032/ 0/76 969 30Vd '699 NO SOe003d' MOWO 73616VS30 SV Mb i V .O 3Nl7 la& ,7H1 ,10 AO1103S69 tx:.0 v3av 3sv31 a ya- MV007 ONV blOZ/SO/£ O3L V0 YM-77 'rL d'3'0! 3Ht b9d 199 alVN 69'0-=NoeVAM) i gvdl 3N17 !/3l VM �% \ MIH NV3t9 - •\ ,mss � 9 /U pt.65ro9 M (,UMnS (11313 d SI SIHl) 1lJA'S1?S dNISM ONIIONV7 S NdbY - NSl2 FISHERMAN'S LANDING MAR/NA SURVEY (THIS IS A FIELD SURVEY) Legal Description: A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NAIL & DISK STAMPED WBZ AT THE INTERSECTION OF THE NORTH LINE OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 564, PAGE 596, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE, RUN S25°39'00"E, A DISTANCE OF 182.97 FEET TO AN IRON ROD & CAP STAMPED LB 4644 AT THE SOUTH LINE OF MIDDLETON'S SUBDIVISION PER PLAT BOOK 2, PAGE 56 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN S88017'26"E (BASIS OF BEARINGS) ALONG THE SAID SOUTH LINE OF MIDDLETON'S SUDIVISION , A DISTANCE OF 116.14 FEET; THENCE RUN N07"50'15"E, A DISTANCE OF 32.54 FEET; THENCE RUN N13°56'13"W, A DISTANCE OF 15.89 FEET; THENCE RUN NO2014'55"E, A DISTANCE OF 42.86 FEET; THENCE RUN N21 °54'42"E, A DISTANCE OF 14.69 FEET TO THE POINT OF BEGINNING; THENCE RUN S67055'22"W, A DISTANCE OF 8.66 FEET TO THE MEAN HIGH WATER LINE OF THE INDIAN RIVER; THENCE RUN ALONG THE SAID MEAN HIGH WATER LINE N01 "2T37"W, A DISTANCE OF 14.02 FEET; THENCE RUN N25"15'42"W, A DISTANCE OF 19.25 FEET; THENCE RUN N 40°24'03"W, A DISTANCE OF 20.47 FEET; THENCE RUN N43'49'16"W, A DISTANCE OF 13.99 FEET; THENCE RUN N44"0628"W, A DISTANCE OF 10.09 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, RUN N68"08'12'E, A DISTANCE OF 50.95 FEET; THENCE RUN N21019'15"W, A DISTANCE OF 60.78 FEET; THENCE RUN N6405924"E, A DISTANCE OF 122.46 FEET; THENCE RUN N 6703T5VE, A DISTANCE OF 31.12 FEET; THENCE RUN S21'1 1'23"E, A DISTANCE OF 43.03 FEET; THENCE RUN S 22"0609"E, A DISTANCE OF 47.14 FEET; THENCE RUN S23"3nVE, A DISTANCE OF 43.70 FEET; THENCE RUN 868°4141"W, A DISTANCE OF 77.52 FEET; THENCE RUN S25005'08"E, A DISTANCE OF 2.35 FEET; THENCE RUN S 67"53'24"W, A DISTANCE OF 22.27 FEET; THENCE RUN S 24°35'54"E, A DISTANCE OF 3.63 FEET; THENCE RUN S67°55'22"W, A DISTANCE OF 87.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.54 ACRES (23316.05 SQ. FT.) MORE OR LESS. Legend & Abbreviations (symbols not scaleable for size) PLS - PROFESSIONAL LAND SURVEYOR CR - COUNRT ROAD PSM - PROFESSIONAL SURVEYOR & MAPPER RIW - RIGHT OF WAY LB - LAND SURVEYING BUSINESS O.R.B. - OFFICIAL RECORD BOOK CL - CENTERLINE P.O.C. - POINT OF COMMENCEMENT (M) - MEASURED VALUE P.O.B. - POINT OF BEGINNING (P) - PLAT VALUE SURVEY FOR: FISHERMAN'S LANDING MARINA MERIDIAN j� LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO REACH, FL 32960 LIW6905 PHONE: 772-794-1213. FAX: 772-794-1096 E-MAIL: L86905Co1BELLSOUnI.NET Attachment A Page 11 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 FISHERMAN S LANDING MARINA SURVEY (THIS IS A FIELD SURVEY) Report of Survey (Project # 10-043—SLL) * TYPE OF SURVEY: BOUNDARY SURVEY * THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITBF & STODDARD, INC. LB#6905 d.b.c. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 * THE EXPECTED USE OF THIS LAND, AS CLASSIFIED IN THE FLORIDA STANDARDS OF PRACTICE (5J-17, FAC) IS COMMERCIAL/HIGH RISK. THE MINIMUM RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT IN 10,000. THE MEASUREMENT AND CALCULA11ON OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF THIS ACCURACY REQUIREMENT. * THIS SURVEY MEETS ALL APPLICABLE REQUIREMENTS OF THE FLORIDA STANDARDS OF PRACTICE AS CONTAINED IN 5J-17, FAC. * ELEVATIONS AND DIMENSIONS SHOWN HEREON ARE MEASURED IN FEET AND DECIMAL PARTS THEREOF. * THE LAST DATE OF FIELD WORK WAS: 3/11/14 * BUILDING SETBACK LINES, IF SHOWN ARE BASED ON THE BEST AVAILABLE INFORMATION, BUT ARE NOT CERTIFIED TO. THE SETBACKS MUST BE VERIFIED PRIOR TO DESIGN AND CONSTRUCTION. * THE BEARING BASE FOR THIS SURVEY IS THE EAST RIGHT OF WAY UNE OF INDIAN RIVER DRIVE S2539'00'E * THIS SURVEY DOES NOT CERTIFY TO THE EXISTANCE OR LOCATION OF ANY UNDERGROUND IMPROVEMENTS: UTILITIES, FOUNDAIIONS, OR ENCROACHMENTS, EXCEPT AS SHOWN. * NO INSTRUMENTS OF RECORD REGARDING EASEMENTS, RIGHT—OF—WAYS, OR OWNERSHIP WERE SUPPLIED TO THIS SURVEYOR, EXCEPT AS SHOWN. * NO TITLE OPINION OR GUARUNTEE IS EXPESSED OR IMPLIED. * UNLESS A COMPARISON IS SHOWN, DEE VALUES AND MEASURED VALUES ARE THE SAME. * ORIGINAL LEGAL DESCRIPTION IS AS PROVIDED BY THE CLIENT AND MODIFIED BY THE SURVEYOR. * UNLESS OTHERWISE INDICATED, FOUND MONUMENTATION IS UNIDENTIFIED. THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD ZONES "X", AE -6,7 & 8 AND VE -7, PER FLOOD INSURANCE RATE MAP #12061CO103 H, DATED DECEMBER 04, 2012. * THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. THE PRIMARY BENCHMARK USED IS USC&G MONUMENT F-200 1960; ELEVATION - 18.30' NAVD 1988. SITE BENCHMARKS ARE AS SHOWN ON THE PLAN. Certified To: 1) THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 2) 3) 4) 5) SURVEY FOR: FISHERMAN'S LANDING MARINA MERIDIAN R LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUrrE 201 /JIB\ VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E -AWL: LB6905QBELLSOUTH.NET Attachment A Page 12 of IS Pages Sovereignty Submerged Lands Lease No. 310006484 FISHERMAN S LANDING MARINA SURVEY (THIS IS A FIELD SURVEY) VIEW r 1. • ( SITE LOCATION Certified To: 1) THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 2) 3) 4) 5) SURVEY FOR: FISHERMAN'S LANDING MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER RLVD, SUI'T'E 201 V ERO REACH, FL. 32960 L11#6905 PHONE: 772-794-1213, FAX: 772.794-1096 L•'-IDL•VL: 1,86905(a)RELLSOUTH.NET MARINA THIS SURVEY IS NOT VALID WAIHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA UCENSED SURVEYOR AND MAPPER NAMED BELOW. �'lo-15 CHARLES W. BLANGHAITD P.S.u. X5753 Attachment A Page 13 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 Page 1 of 2 2077483 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2431 PG: 1266, 07/12/2010 11:53 AM DOC STAMPS D $5250.00 lW Wrtw+na R.paM B, ant wx. w,r.n1. .sen.e m.on�ur sn.kwcwpwwx x:2 a,uen n.a.. T.plYMAn lk 1;nn w,avw TRUSTEE'S DEED 1110 LND)u4T(J , made INT dry ar Juoe. AD. 3010, batweO HERBERT V. A[ORRIM 519 SCCCLRYORTRUn" OF TAY BE.NRY J. DABROVAPu IRRZV Aly. TRU" VNDFR REVOCABLE LIVING TROST AGREEMENT DATCD MLY 31, 3001. wW rdb® is 23826 RublewW Drive, FnxiiDen x04 W 43314-I7fR0newar, m0 CRY DPBEBAbTIAN,• xr, ithimoty whM. boom. Plan Coa.), AerMa, ubvx mulct addrtx o IMS M.In Mtmt S.hadare, FOrme 32918, Onmee, ('Onn"t, a.+.u. not, 'Cn,,n--o-vaw,rinam. to m. p..nn I .Y mi Mr. anin not" ine- ue.nr...e uA.e and M1r rn+,.w alml. n,r r.nu man .w,r n.er..n.Mw W.0 L4Y agnNn) WITJaESMEIx: ardlthe.aid Orauor.br brand wm ofTO Delnn ad ell+. {ed sed brialee muldrna+n, b did Granmr b , the mid 61' xie Gcaxee, oil rwaiplde, Oman buAY and e.W tart dexo herby el bm in rd atdtsl.im um. de Aid Gneun .tiro, NI nelA tide d. R Lirhe nN deumd whkh 0e .aW GrOkrM in and b the rolbwbtdaauhd and ubax, lyo{.dhemt L+IM�m Rive. [•levy, Fbrke, le.uic 6n Exhibit •An •ached Imrety a W by Merence rude a part bawl. By a poaaec at die Tkucc'c Dud. de Gann hereby asks thin de ma of t e Pnpeery did heel. Aa be .061.1 to alk mwnu/r aM kenlclian to an Ord, 0 Any Dsmvbn N Rb.kdve Co. rtmrYd N M Puddle Rkatda at Iden Rnu Cvmry. FbIKa. Ibna e.eamm td ewvkaian .bell rw wim tlR PkpvlY baaaduenMd II evy arm u mntliliOp of the OeeWaaun of Rertrktin G.reVut is vwlnd bYt6e Onuk v. by eotve thbdpanYwilh de enn,,fee of de fnutt ad the O to th den aw Swan the menu Punouu b the Ilxmnlb. o tRnnluin four,•, [n Trust Fri d o be W Wren ir I, spointannon S. WII be eenvt; . a the Board o[Tnt , a[tlb lnlvma' Impo•vneu Trwl Gvd O[Ox Mmk o[F1rAr mx[wJxee wish Cbpin N0, Pan III, fbddaymue. TO HAVE AND TO HOLD We man Booth. Mlh all and rinjo n Ne tppxxnuxn 0eretnwbebnpioy or inannx tOPnnaWny and all the now. NON, Wh% Inlatcx, Am, Nulty W allot wd.mevu of An: mid On,ear el0er In law or team , be Ib ontY proCu tie, bete!: and 6ehoo, a lib and O. Grua. THIS DEED he ensued puaurb band to Ouone of 0m pane and rvlboeiy emkd b u0 sntd n one return by Ne tout of xM doom orderds N anon delismed to mid Trnio, in pronounce of the Ty n A,reenen thaw nnd.ad. 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V1, than • ,vr,Cv r C••" •• •' !�'�x (PtWdT nSt ma o tNo.ry •• �.•:IZZ.!�. Co." No CWNrT FWAWg http://ori. indian-river.org////DocumentIGetDocumentForPrintPNG/?request=AQAAANC 6/30/2015 Attachment B Page 14 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484 Page 2 of BK: 2431 PG: 1267 EXHIBIT'A- LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1. MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2. PAGE 66, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE EAST RIGHT -OF -WAV LINE OF INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING: THENCE NORTHERLY 118.41'3T ALONG THE EAST RIGHT-OF-WAY LINE OF INDUW RIVER DRIVE. A DISTANCE OF 184.75 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED 'r; THENCE RUN EAST 10' NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER: THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETONS SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN RIVER: THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT I, SECTION 6, TOWNSHIP 32 SOUTH. RANGE 30 EAST TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE FAST THEREOF TO THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. http://ori.indian-river.org////DocumentlGetDocumentForPrintPNG/?request=AQAAANC... 6/30/2015 Attachment B Page 15 of 15 Pages Sovereignty Submerged Lands Lease No. 310006484