HomeMy WebLinkAbout2010 Modification2086882
THIS DOCUMENT HAS BEEN
RECORDED IN THE Pl'+ii3-IC RE .."OF DS
OF INDIAN RIVER COUNTY FL
3K: 2441 PG:582, Page l of 15
08/27/2010 at 12:01 PM,
JEFf=REY K BARTON, CL:RK O1:' COURT
This Instrument Prepared By:
Pattie J. Scott
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
BOT FILE NO.: 310006484
PA NO.:
SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL
MODIFICATION TO INCREASE SQUARE FOOTAGE
AND REFLECT CHANGE IN OWNERSHIP
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 the City of Sebastian, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 06,
Township 31 South, Range 39 East, in the Indian River,
Indian River County, containing 20,855 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated June 4, 2010.
TO HAVE THE USE OF the hereinabove described premises from June 28, 2010, the effective date of this modified
lease renewal, through August 15, 2014, the expiration date of this modified lease renewal. The terms and conditions on and for
which this modified lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 13 -slip commercial docking
facilily and non -water dependent building structure exclusively to be used for mooring fishing and recreational vessels in
conjunction with an upland customer parking lot for marina, 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 29, as shown and conditioned in
Attachment A. All of the foregoing subject to the remaining conditions of this lease.
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area
(2,930 square feet) of $449.11, plus 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( 0,855 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.
[01-06]
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 leased 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.
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. 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.
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.
Page 2 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain the
interest 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, and if such interest is terminated, the lease may be terminated at the option
of the Lessor. Prior to sale and/or termination of the Lessee's 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 and 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. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. 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 costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Sebastian, Florida
Sebastian City Hall
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.
14. 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.
15. 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.
16. 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.
Page 3 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
17. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
18. 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.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that
time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal.
Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration
date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the
previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the
Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense.
The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant
upon the 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 Lessee and Lessee's successors in title or
successors in interest.
21. 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 13 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.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 21 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.
23. RECORDATION OF LEASE. The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. 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 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
25. 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.
26. 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.
27. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
28. 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.
29. 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.
30. 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.
31. 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. Within 60 days after the Lessor's execution of this lease, Lessee shall install and display permanent manatee
educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species
from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods 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, "Permanent Manatee 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 5 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAi u> ,,t ,
IMPROVEMENT TRUST FUND OF THE$TA'Tf` `
OF FLORIDA
SEAL),
BY:
JeWWa. Gerjry, Uperation; and Manage eut Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, State of Florida Departmwttakf" .
Environmental Protection, as agent for and on behalf o1= the Board
of Trustees of the Internal Improvement Trust Fund of the State
of Florida
The foregoing instrument was acknowledged before me this 193 day of
Internal Improvement Trust Fund of the State of Florida. He is
APPR:04 WAS FQRM A EGA><ITY:
DEP A rney
IM
Ori � a i' ature Sall A. Maio, City Clerk
yped/Printed Name of Witnes obert A. Ginsburg
Original Signature .
Typed/Printed Name of Witness
STATE OF Florida
COUNTY OF Indian River
"LESSOR"
of Florida
20 t®, by
.µr.
Printed, Typed oraffTh
PC State of Florida
Y C Grim
f F�o�o My Commission DD727892
My Commission EXPor" 10/30/2011
Commission/Serial N
0
Original Signature of Executing Authority,
Richard H. Gillmor ,
Typed/Printed Name of Executing Autalhty
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this 11th day of Au ust , 20 10 , by
Richard H. Gillmor as Mayor, for and on behalf of the City of Sebastian, Florida. He is personally known to me or w4i k
proditeed , as idanti€1sat�ei}.
My Commission Expires: 2/28/2011
ature of Notary Public
Notary Public, State of Florida
Jeanette Williams
Commission/Serial No. DD 630052
Printed, Typed or Stamped Name
"°'"n"PUBLIC JEANETTE WILLIAMS
Page 6 of 15 Pages Commission DD 630052
Sovereignty Submerged Land Lease No. 310006484 Expires February 28, 2011
myt orR vm Bonded TMu Tmy Fain koffam 800,985-7019
Boundary ,Survey
for Submerged Land Lease
at Dabro wski Marina
Indian River County, Florida
7%T-, i7_1dJ f1T', i_ 177 n.
W o
> CN
W
IM
f7
r
CERTIFIED TO:
STATE OF FLORIDA
BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEhILN't FUND
Sheet 1 of ? Drawn by: Checked by Fite name Date 'Scale Drawing Name
CJG DMT 6483 6/04/20101(11.NaN 6483.OWG
1Ylasielle�; lilMolef, 1Peed Taylor lfZC, NOT VALdDr WIT}IC3�T�1rG"I(3NAiuRE AND
ik ORIGINAL "RAISED SEAL OFA FLORIDA
PROFEJj' 10N4L SURYEFORS, "MfIPPERS LIOENSED V YWAND
//T\
L,4ND SIlRl�'JINGBUSINESS,{f464�
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID J3 µ " P, M. 5243
Attachment A
Page 7 of 15 Pages
SSLL No. 310006484
Boundary Survey
for ,Submerged Land Lease
at Dabrowski Marina
Indian River County, Florida
Not Valid GVithout All Sheets
LEGEND
R/W
RIGHT—OF—WAY
NO.
NUMBER
R
RADIUS
L
LENGTH
CH
CHORD DISTANCE
CB
CHORD BEARING
PSM
PROFESSIONAL SURVEYOR
A
DEL TA
N
NORTH
S
SOUTH
E
EAST
W
WEST
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
NA VO
NORTH AMERICAN VERTICAL
LB
LICENSED BUSINESS
FDEP
FLORIDA DEPARTMENT OF
PB
PLAT BOOK
PG
PAGE
SQ. FT.
SQUARE FEET
AND MAPPER
DA TUM
ENVWONMENTAL PROTECTION
LEGAL DESCRIPTION FOR SUBMERGED LEASE AREA
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 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, THENCE
S2539'00"E, 182.97 FEET TO AN IRON ROD & CAP STAMPED LB 4644 AT THE SOUTH LINE OF
MIDDELTON'S SUBDIVISION PER PLAT BOOK 1, PAGE 56 PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE S88'17'26"E ALONG THE SAID SOUTH LINE OF MIDDELTON'S SUDIVISION 116.14 FEET
TO THE MEAN HIGH WATER OF THE INDIAN RIVER; THENCE ALONG THE SAID MEAN HIGH WATER THE
FOLLOWING CALLS; THENCE N07'50'15"E, 32.54 FEET; THENCE N13 56'13"W, 15.89 FEET; THENCE
NO2'14'55"E, 42.86 FEET,• THENCE N21'54'42"E, 14.69 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID MEAN HIGH WATER N2831'48"W, 13.04 FEET; THENCE LEAVING SAID MEAN
HIGH WATER N69 04'47"E, 32.41 FEET THENCE N21'1947"W, 120.07 FEET,• THENCE N 64 5924"E,
122.46 FEET- THENCE N6737'58"E, 31.12 FEET; THENCE 521'11'23"E, 43.03 FEET,• THENCE S2206'09"E,
47.14 FEET, THENCE S233934"E, 43.70 FEET -
2.35 , THENCE S68 441'41 "W 77.52 FEET; THENCE S25 05'08"E,
2.35 FEET, THENCE S67'53'24"W, 22.27 FEET; THENCE S243554"E, 3.63 FEET- THENCE S675522"W,
87.00 FEET BACK TO THE POINT OF BEGINNING.
CONTAINING 0.48 ACRES (20854.71 SQ. FT.) MORE OR LESS.
Sheet .2 of 7Drawn by: Checked by
CJG DMT
iYfamellen Mole- i7eed 4 f I- Taylor; Inc.
APNOFF.SSION�l S'IlR�YORS'ANDAffIpPER,S'
l I, I (VD SVR YF.YINGBMhVES,S' "&4V
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
Attachment
Attachment A
Page 8 of 15 Pages
SSLL No. 310006484
Filename Date'
6483 6/04/20
NOT VALIDwi
THE :,ORIGINAL,
LICENS
DA'
;Scale I Dfawing Name
60AT1.1W AND
(IF A; FLORIDA
PER.
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
REPORT OF SURVEY. -
'TYPE
'TYPE OF SURVEY.- BOUNDARY (THIS IS A FIELD SURVEY)
'SURVEYOR IN RESPONSIBLE CHARGE: DAVID TA110R P.S.M. 5243
•MASTELLER, MOLER, REED & TAYLOR INC. CERTIFICATE OF AUTHORIZATION L.B. 4644
1655 27TH STREET, SUITE 2, VERO BEACH, FLORIDA 32960
PHONE (772) 564-8050
• THIS SURVEY AND REPORT IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO THE SURVEY MAP
ANO/OR REPORT OF SURVEY BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT
WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
•HORIZONTAL CONTROL ACCURACY: 711E EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE
LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (5J-17 FAG) IS SUBURBAN. THE
MINIMUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF BOUNDARY CONTROL SURVEY IS 1 FOOT
IN 7500 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATION OF A CLOSED
GEOMETRIC FIGURE OR REDUNDANCY OF MEASUREMENT WAS FOUND TO MEET OR EXCEED THIS
REQUIREMENT.
• HORIZONTAL FEATURE ACCURACY: TOPOGRAPHIC LAND FEATURES (SIGNS, INLETS, VALVES,
MAILBOXES, POWERPOLES, DRIVEWAYS, CULVERTS AND SIMILAR FEATURES) HAVE A HORIZONTAL
FEATURE ACCURACY OF PLUS OR MINUS 0.25 FEET.
• VERTICAL CONTROL ACCURACY., VERTICAL CONTROL AS ESTABLISHED FOR THIS PROJECT SITE IS
ACCURATE TO PLUS OR MINUS 0.05 FEET TIMES THE SQUARE ROOT OF THE DISTANCE IN MILES
• ELEVATIONS OF WELL—IDENTIFIED FEATURES CONTAINED IN THIS SURVEY AND MAP HAVE BEEN
MEASURED TO AN ES71MAIED VERTICAL POSITION ACCURACY OF PLUS OR MINUS 0.10 FEET.
,DATA ACQUISITION WAS OBTAINED DURING THE FOLLOWING TIME FRAME OR DATE: 5/10
• THE BEARING BASE FOR THIS SURVEY IS AS FOLLOWS:
A) ASSUMED
B) THE EAST RIGHT—OF—WAY LINE OF INDIAN RIVER DRIVE AS DEPICTED.
C) THE UNE BEARS S00�2539"E
•THE ELEVATIONS AS SHOWN ON THIS SURVEY ARE BASED ON THE NORTH AMERICAN VERTCIAL DATUM
OF 1988.
• NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS; RIGHTS—OF—WAY AND/OR OWNERSHIP WERE
FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED.
• THIS SURVEY DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY FOUNDATIONS, UTILITIES,
UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS EXCEPT AS SHOWN.
• UNLESS A COMPARISON 1S SHOWN, PLAT VALUES & MEASURED VALUES ARE THE SAME.
• ALL MEASUREMENTS ARE IN FEET AND DECIMAL PARTS THEREOF AND ARE IN ACCORDANCE WITH THE
STANDARDS OF THE UNITED STATES
• THE HORIZONTAL VALUES SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM, FLORIDA
EAST ZONE, NAD 83 (NGS ADJUSTMENT OF 1990) ESTABLISHED USING RIK OBSERVATIONS.
THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 "=(AS NOTED) OR SMALLER.
Sheet 3 of % Drawn by: Checked by
File name Date
CJG DMT
6483 6/04/2910
jVastelle,, jW(en Reed � Ta log• IilC.
y
NOT VALID vnTl I
1
THE; ORIGINAL --kA
PROF-pslyawlLSLRI�'I'ORS,�IVVI�"PERS
J..ttIV
UCENSED -_
SUR VE17NGBU,SfNAXS#4'64'4
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
DAV16: Td
Attachment A
Page 9 of 15 Pages
SSLL No. 310006484
Seale l brawinQ Name
Boundary Survey
for Submerged Land Lease at Dabrowski Maritza
\ Indian River County Florida \
Not Valid Without All Sheets
s,4TTCIIOr-t r, LS E,4",1,0,c 'C.RIPTI
FOUND 4'
CONCRETE l TNTPROPE11�TY11ET�Il
—MONUMEN T 4YVO P4
u
FOUND NAIL &
DISK LB 4644
` FOUND IRON ROD
do CAP NPZ \
\ .
FOUND 3"X3'
CONCRETE MONUMENT \
mune LM OF GOMMOMr
TOr 2
J�A \
P. C ` FOUND NAIL &
r O� DISK 1*87
151.80'
\ N19. 29
rxnTnrALr LyTs OF UN -00
N OQIERSTLP PFA 4R.9. W PACE 'T
SK PLOW RECORDS OF IR00..
ab
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FOUND 3/4" IRON
PIPE �� SET IRON ROD
NO IDENlIFlCATTON
$ CAP LB 464}
O 1
0 100' 200,
Sheet 4 of 7
'awn by:
UG
Q
Z 2 R►P PR►PN v
v r
./ •ice
LEASE AREA
20854.71 SQ FT \';
0.48 ACRES 23
X13 Lf2
Lhe 1
17
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W 88)
`
1U
DAMD an3hWo�
LOCATED 5/73/1?010
/N�(
uNE
N07W 15E
L15
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NI356'I3'W
L16
4286
N021455E
L17
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DMT
jV19- teller; oleo; Reed Taylor; Inc:
PROFEM-MA 4l.SURVFF4gVS�4AV jV4pPERS
/ L-41VV SURYEYING'BUXWVENS #46644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
Attachment A
Page 10 of 15 Pages
SSLL No. 310006484
Parcel Line Table
Lhe 1
LeTlp h
Okeet
L14
32:54
N07W 15E
L15
15.89
NI356'I3'W
L16
4286
N021455E
L17
14.69
N2134421
L18
1.41
52$91 481
L20
E1281
14.62
51238"Ob1
L21
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5,1199.09E
L8
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[MM
77.52
56841'41'W
00.
235
S251051081
Parcel Une Table
Lha 1
Langfh
Dk.11.
Lf
1,1 04
N28 9148"W
L2
3241
N6904'47E
L3
120.07
N211947w
L4
12246
N64'59'24 -E
LS
31.12
N679750E
Le
4J.03
52111231
77
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L9
77.52
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00.
235
S251051081
L11
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56733'24W
LI2
363.
51495'541
Lld
8T Ofl .5873512"N'
Filename Date Scalp Name
6483 6/04/ 0.4 1 ' �O(fkw6iiing
" 64483.bWG
NOT VALID WIfHOU,M T THENATURE
THE OR161NAL,MSED:;s8AL OFIk
."PLORIOA '
MENSEW U �QR iAN' MA�'PER
,:
a� %
Boundary Survey
for Submerged Land Lease
at Dabrowski Marina
Indian Diver County, Florida
Not Valid Without All Sheets
SIYOII�ELIN.�'.UET�IL
SHORELINE OF
SUBJECT PROPERTY -205'1
36'1 NATURAL 18%
169'1 HEADWALL 82%
SHORELINE SOUTH
1351 ROCKS 127.
947'± NATURAL 88%
SHORELINE NORTH
421't NATURAL 39%
238'± SEAWALL 22%
42 z� S�VETMENT 39%
Sheet 5 of 7
Drawn by:Checked by File name
UG DMT 1 6483
Maszeller fYlole�; Reerl Taylor; Inc.
APR0FESSI0AW SURYEPOMI"jVAPPER.S'
LA11 D SUS VE17NGBUSlIVE.S'S #464
V
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
Attachment A
Page 11 of 15 Pages
SSLL No. 310006484
Date Scale` Drawing Name
04/2010 1'=2SQ' 64R3.nwr,
NOT VAUD WITHOUTTHE
THE ORIGINAL RAISED ; PSA
UCENSED =-SYOR A
:.ka Iiia k,
4s
IGNATURE AND
_0-t A FLORIDA
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
VSA�TCHOFEh'ISTINO I�LIPROVE1tfE11rTS
1flITHfNLE�fSl'�4RE�l • ?,
A41VD URL,4IVID STRUCT�IREDET4IL �0
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R,P
-------SEE SHEET 7
't—
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Ntl00 00
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.'UNGS, DIRT & STONE
DRIVE
(NOT N1:LL DEFlNED)
Sheet 6 of 7
WALL
® HOOD PI
® (TYPICA
BUILDING
NO STRUCTURES I"THIN
100' OF SOUTH UNE
Or LEASE AREA
N
OS �0
N 1,11A
RSP PR,P
L
FOR DETAIL
MEAN HIGH WATER UNE
TELEVARM -0.72' NAVD M)
hER THE r.O.EP. LETTER
OATED 5/13/2010 AND
COWED 5/f3/2010
1
0 80' 160'
-awn by: Checked byl File name DateS6il
CJG DMT 6483 6/04/2010 1'_80'";
lVaYmIlef; Maier, Reed x Taylor; -f
MormSIolvw SURVEP0'Vj"41VD1LI4PPERS
L,4" -UR I,'.FINGBUSIA TSS "6
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
Attachment A
Page 12 of 15 Pages
SSLL No. 310006484
NOT VALID WITHOUT THE 51GNbTU�iE kND.
THE ORIGINAL,RAISED;�j�eAL` OF>`A.-FLORIDA
LICENSED SURVEYOR AN6 MIi'pER.
SDAVID`'TAYL ;PLS'
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
IlET,�Il OFEXI�S'TING I�YIpRO!'LMENTS
INLEA.SE,�IRE�
0-0 5, 5 —
BOAT S fP 4
r
OAT SLIP 3
9
r� BOAT SLIP 2
N 5
k
BOAT SLIP i
5
BOA T SLIP 6
`0-
BOAT SLIP 5
BOAT SLIP 8
BOAT SLIP 7
WOOD PILING
(TYPICAL)
LEASE AREA
a3
1
\ BOAT SLIP
\13OAT SLIP ® 13
tkq 12
BOAT SLD-
11
\ BOA T SLIP
y
VABOAT SLIP
9
GRANDFATHERED
EXIS11NG
BUILDING
(DAMAGED)
o
46 d \ rn-
\ \ \ \ \
(__MEAN HIGH WATER LINE
lam-(ELEVAHON--O72' NAVD 88)
0 30' 60'
PER THE F-D.E.P- LETTER
DATED 5/13/2010 AND
LOCATED 5/13/2010
--
Sheet 7 of %
Drawn by:
Checked by
File name
Date
ScaleDrawing
Name
UG
DMT
6483
6104/201
1 =38
6483,DWG
�Iastellet; 1�IOlQJ;'Reeds -rjqr Inc,
NOT VALID .WITHIDOf TFIC SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
pt4OFESSION�4L-V"rfWP0jU'111WAL4pp-X"-
LA
UCE14SED .5URNtYbR a1JD MAPPER.
L�NDSIIRT'EYINGBIlSINES.f'#4644
Al
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
DAVID TAYLOR P.L . 5243
Attachment A
Page 13 of 15 Pages
SSLL No. 310006484
This Insrrument Prepared By and
Please Return To:
American Gowm!m n Services Conpomtiot:
3812 West t.inubaugh Avr.:uc
Tampa, Florida 33618
AGS a 23483
TRUSTEE'S DEED
THIS L�DENTURE, trade this day of June, A.D. 2010,
between HERBERT V. MORRISON, SUCCESSOR TRUSTEE OF
THE HENRY J_ DABROWSKI IRREVOCABLE TRUST UNDER
REVOCABLE LIVING TRUST AGREEMENT DATED JULY 17,,
2007, whose address is 23826 Ramblewrood Drive, Farmington Hills,
MI 48334-1750, Grantor, and CITY OF SEBASTIAN, a municipality
within Indian River County, Florida, whose (nailing address is 1225
Main Street, Sebastian, Florida 32958, Grantee,
(Wherever used herein the terms "G—tor" and "grantee" include all the parties
to this instrument and their heirs, legal representatives, successors and assigns.
"Grantor" and "grantee'• arc used for singular and plural, as the routext requires
and the use of nay gender shall include all genders.)
2077483
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2431 PG: 1266. Pagel of 2
07;12-2010 at 11:53 AK D DOCTAX PD
$525000
JEFFREY K BARTON, CL=RK OF COURT
WITNESSETH: That the said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable
considerations, to said Grateror in nand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit -claim unto the said Grantee forever, all right, title, interest, claim and de=md which the said
Grantor has in and to the following described lar -A situate, lying and being in Indian River County, Florida, to-vvit:
See Exhibit' A" attached hereto and by reference made a part hereof.
By acceptance of this Trustee's Deed, the Grantee hereby agrees that the use of the Property described herein shall be
subject to the covenants and restrictions as set fornb in the Declaration of Restrictive Covenants recorded in the Public
Records of Indian River County, Florida. These covenants and restrictions shall nen with the Property herein described.
If any term or condition of the Declaration of Restrictive Covenants is violated by the Grantee or by some third party with
the knowledge of the Grantee and the Grantee does not correct the violation pursuant to the Declaration of Restrictive
Covenants, fee simple tick to all interest in he Project Site shall be conveyed to the Board of Trustees of the Internal
improvement Trust Fund of the Sate of Florida in accordance with Chapter 330, Part Ill, Florida Statutes
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise
appertaining and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor either in law or
equity, to the only proper use, benefit and behoof of ti -ie said Grantee forever.
THIS DEED is executed pursuant to and in exercise of the power and authority granted to and vested in said Trustee by
the terms of said deeds or deeds in trust delivered to said Trustee in pursuance of the Trust Agreement above mentioned.
This deed is trade subject to taxes and assessments for the year 2010 and years thereafter and subject to easements and
restrictions of record, if any.
This conveyance is subject to easements, restrictions, limitations and conditions ofrecord if any now exist, but any such
interests that may have been terminated are not hereby re -imposed -
This property is not die homestead property of the Grantor(s), nor contiguous to homestead property, as such homesread is
defined under Florida law.
IN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written.
Signed, sealed and delivered in
the presen
(Srgfranrre-t bru Witness)
( rented; typed or stamped name of
est W'trress.)
(Sgbattue of sec imess) y
Tinted, typed or stamped name of
second witness)
,�►
Herbert Y• i4lorrisou, Successor Trustee of the Ae J. Drbrpwski
Irrevocable Trust Under Revocable Living Trust Agreement dated
July 17, 2007
STATE OF 01Cd i6_Mi
COUNTY OF
ith
The foregoing. insimment was acknowledged before me his day of •J i tyl Z� , 2010, by Herbert V. Morrison,
$trccesg0 Txpstee of the Henry J. Dabronski Irrevocable Trust tinder Revocable Living Trust Agreement dated July 17,
'• 24187: = S'tiiyl p£rS9YJs) (Notary Public must check applicable box):
(Ivdtary"Seal)naEly taro w me.
uced a ctnrent license.rodviced as ide itif getion.
otary ublic - State 00 i !&an
3TATt C.,:x3
(Printed, Typed or Sramped'rlame of Notary Publi' L7::U47YOF WAYWE
Commission No_:
My Commission Expires: Y OF
L1i
Attachment B
Page 14 of 15 Pages
SSLL No. 310006484
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 56, 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-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°41'37" ALONG THE EAST RIGHT-OF-WAY UNE
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 SUBDNISION AND THE HIGH WATER LINE OF THE INDIAN
RIVER; THENCE }NEST 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, LITORIAL 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,
1F ANY.
Attachment B
Page 15 of 15 Pages
SSLL No. 310006484