HomeMy WebLinkAbout2014 -2019 Submerged Land Lease RenewalThis Instrument Prepared By:
M. Sue Jones
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 RENEWAL
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 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 August 15, 2014, the effective date of this lease
renewal, through August 15, 2019, the expiration date of this lease renewal. The terms and conditions on and for which this
lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate 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 26 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 annual lease fee of $ 3.471.71, plus sales tax
pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice. The annual fee for
the remaining years of this lease 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 ]
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 18-21.01 I, 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 parry 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 parry, 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 renewal, the Lessor is hereby specifically
authorized and empowered to examine, for the tern of this lease renewal 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)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 renewal 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 renewal, 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 RENEWAL: This lease renewal 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. INDEMNIFICATIONANVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State of
Florida from all claims, actions, lawsuits and demands arising out of this lease renewal.
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 -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.
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 renewal.
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.
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. 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
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 renewal 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 renewal 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 renewal 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 renewal, 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 _ 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 renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor.
23. AMENDMENTS/MODIFICATIONS: This lease renewal is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease renewal 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.
Page 4 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
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 agreement.
25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
26. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (l) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
27. GAMBLING VESSELS: During the tern of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
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 5 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
WITNESSES:
Original Signature
I
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
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
The foregoing instrument was acknowledged before me this
She is personally known to me.
APP VED SUBJECT T ROPER EXEC TION:
o<,WA
DE Attorney I W Date
Page 6 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
"LESSOR"
day of
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial
20--, by
WITNESSES: City of Sebastian Florida (SEALT
BY:
Original rgnature Ori ' 1gn Executing Authority
1 w ATRNANE
Cj�ed/Printed Name of Witness
Original Si at e
l�o?cilt�Wl• ,Bo�tOc�t�li
Typed/NrintedName of Witness
STATEOF Florida
COUNTY OF Indian River
Richard Gillmor
Typed/Printed Name of Executing Authority
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this 10th day of December 2014 by
Richard Gillmor as Mayor, for and on behalf of City of Sebastian. Florida. He is personally known to me or who hamoduced
,ms idermf=tietr.
My Commission Expires:
2/28/15
Commission/Serial No. EE 038067
Page 7 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
Si ture of Notary Public
Notary Public, State of Florida
Jeanette Williams
Printed, Typed or Stamped Name
" JEANETfE INILLIAMS
.? Commission # EE 038067
- Expires February 28, 2015
p, Bptled imyFaFhvangBOD]BS7818
pttachmenl A
page 8 0l' 16 Pages
SSI.,I,No. 310006184
Boundary Survey
for Submerged Land Lease
at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
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STATE OF FLORIDA
BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND
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NOT VAUD NTTHOUT THE SIGNATURE AND
lYlasfeller, 1►%leY, Reed &Taylor, Inc. THE ORIGINAL RAISED SEAL OF A FLORIDA
PROFESSIONYLSfrRYEFORSA1%0XWPPB'RS ZUCERIVIEYOR AND MAPPER.
ALAND SVRVEFINCBUSINESSAff44
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAriOR P. 5243
Boundary Survey
for Submerged Land Lease
at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
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NO.
NUMBER
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PAGE
SO. FT.
SQUARE FEET
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
S25'39'00"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 S88'17'26E 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 N0750'15'E 32.54 FEET, • THENCE N1356'13"W, 15.89 FEET, • -THENCE
N0214'55"E, 42.86 FEET,• THENCE N2154'42'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 N21'19'47"W, 120.07 FEET; THENCE N'64'5924"E,
122.46 FEET,, THENCE N67'37'58"E, 31.12 FEET, THENCE S2171'23"E, 43.03 FEET,• THENCE S22'06'09"E,
47.14 FEET., THENCE S233934'E, 43.70 FEET; THENCE 568'4141"W, 77.52 FEET,; THENCE 525'05'08"E,
2.35 FEET,; THENCE S6753'24"W, 22.27 FEET,- THENCE S243554E, 3.63 FEET, THENCE S675522'W,
87.00 FEET BACK TO THE POINT OF BEGINNING.
CONTAINING 0.48 ACRES (20854.71 S0. FT.) MORE OR LESS. .4ttachmenLA
Page 9 of 16 Pages
SSLL NO. 310006484
Sheet 2 0 7 Drawn by: Checked by Fite name Date Scale Drawing Name
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Drawn
DMT 6483 6/04/2010 NONE 6483.DWG
Mi7steller, Moler, Reed & Taylor, Inc.
PROFESSIONAL SURFEFORS,4"d4APPERS
L,4"S[1RFEFMGRUSGVESS"dV4
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VAUD WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED, SEAL OF A FLORIDA
UCEN RVEYOR AND MAPPER.
DAVID TAYLOR P.4 5243
Boundary Survey
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Sheet 4 of 7 Drawn by: Checked by File name Date Scale- Drawing Name
C1G DMT 6483 6/04/2010 1"=100' - "6483.DWG
NOT VALID WTHOUT THE SIGNATURE AND
lYiasteller, ffoler, Reed tf Taylor Irrc. THE ORIGINAL RAISED SEAL OF A FLORIDA
PROFESSIOA54LSb7RVE'Y0RSANDMAPPERS LICENSED SQgKYOR AND MAPPER.
AL,INIJSURVEYMGRUSINESS4/4644
1655 27th Street. Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L.S. 9n3
Attachment A
page 111 of 16 Pages
SSLL NO. 310006484
SHORELINE OF
SUBJECT PROPERTY -205'1
36'± NATURAL 187.
169'-+ HEADWALL 82%
SHORELINE SOUTH
135± ROCKS 12%
947'± NATURAL 88%
SHORELINE NORTH
421'± NATURAL 39%
238'.± SEAWALL 22%
4VETMENT 39%
Boundary Survey
\ for Submerged Land Lease
at Dabrowski Marina
Indian River County, Florida
\Not Valid Without All Sheets
SHORELINEDETWL
m
N
0 igPr"Ia T" 7 A
\ LEASE
v�
sue,Ecr
PRarErrTr srr"
1N01 \.c
Sheet 5 of 7 (Drawn by: Checked by I File name I Date I Scale I Drawing Name
C1G DMT 6483 6/04/2010 1'=250' 6483.DWG
ffasmller, ffaler Reed & Taylor, Itrr-
PROFESSION4L s&wfF-YORS.4NDMAPPF"
Z,4" SURVEYING BtSINESS #4644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
.attachment A
Page 11 of 16 Pages
SSLL NO. 310006484
NOT VAUD NITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF: A, FLORIDA
LICEN„SEDY/OR AND'MAPPER.
i—
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida \
Not Valid Without All Sheets
SICETCHOFEXISTING IMPROVEMENTS
IVITMINLE,9SEAREA13
AND UP-Lf1ND STRUCTUREDET,4IL
i Q o
a
RIP c 3
SEE SHEET 7
FOR DETAIL
MOODPI
® ®® t"" ® 239p t
�n
ux1INLi MT 4 Sf E
ORM
MOT N CEFlNEO)
No STRUCK WTHIN
too' OF, soon+ I.NE
W", ANSA
R1PPR1w
L
MEAN MOM WAT UIC
(FIIYA OON�_0.7Y NAw e8)
Pff! 111E f,D.EP. li nElt
W T 3/1.1/1010 Aw
t110A1kD 5/13/1010
1
0 80' 160'
Sheet 6 0 7 Drawn by: Checked by File name Date Scale Drawing Name
f CIG DMT 6483 6/04/2010 1'=806483.DWG
Masleller, AfOler Reed & Taylor, InG
PROFESSION4L SURVEYORSAND MAPPERS
LAND SURYEYINCBUSINESS #ff4V
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
attachment .l
Page 12 of 16 Pages
SSLL NO. 310006484
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
i
DAVID TAYLOR P.LS. 43
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid TIA16 t ARO11EA s
DET`dIL O!'EX/S77NC !AlPROf'EMENTS '
EVLEASEAM4
BOAT SLIP 4
BOAT SLIP 5
BOAT SLIP 7
BOAT SLIP 6
BOAT SLIP 8
LT SUP 3 N9ro PaJNc
�Trrncu) .?
LEASE AREA Ti sb
BOAT SUP 2
5. 6L
BOAT SLIP m
11 BOAT SUP 0 13
a
72
BOAT SUP 1 BOAT SUP a
it i•
BOAT SLIP y
10
� v i
\ BOAT SUPP
9
GRANOFARRREO
emom /
(IAUACMWCfD)
Attachment A
Page 13 of 16 Pages
"36 SSLL NO. 310006484
�' N01 NA7M LINE 0 30' 60'
(E1EVA1101�-a M' MA 1a Be)
PEIt INE F.,.LP. LETTER
DAM) 3/13/1010 AND
Sheet 7 0 7 Drawn by: Checked by File name Date Scale Drawing Name
f CIG DMT 6483 6/04/201Q V=30' I 6483.DWG
Masteller, dlnler, Reed & Fayl4gr Ara
PROFESS M4LSURYBTORSANDMAPPERS
A1-4"S1RYETIN6?B11ffiVffSWiW4(
1655 27th Street. Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VALID WITHOUT THE'SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED RVEYOR AND MAPPER
DAVID TAYLtNt Pt5243
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
REPORT OF SURVEY -
TYPE OF SURVEY.. BOUNDARY (THIS IS A FIELD SURVEY)
-SURVEYOR IN RESPONSIBLE CHARGE DAVID TAYLOR P.S.M. 5243
•A4ASTELLER, 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
AND/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 THE EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE
LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (5J-17 FAC) IS SUBURBAN. THE
MINIMUM RELA77VE 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.
• VER77CAL 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-IDEN77FIED FEATURES CONTAINED IN THIS SURVEY AND MAP HAVE BEEN
MEASURED TO AN ESTIMATED VERTICAL POSITION ACCURACY OF PLUS OR MINUS 0.10 FEET.
-DATA ACOUISITION 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 LINE BEARS S002539•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 CER77FY TO THE EXISTENCE OR LOCATION OF ANY FOUNDATIONS, UTILITIES,
UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS EXCEPT AS SHOWN.
• UNLESS A COMPARISON IS SHOWN, PUT 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 I --(AS NOTED) OR SMALLER.
Sheet 3 0 Drawn by: Checked by File name Date Scale Drawing Name
f CJG DMT 6483 6/04/2010 NONE I 6483.DWG
Mas%ller, fYloler, Reed & Taylor, Ac.
PROFESSIONAL SURYEYORSANII MAPPERS La
LAND SURYE]YAW Nr/SMESS"644
1655 27th Street, Suite 2
Phone: (772) 564-8050
Attachment :k
Page 14 of 16 Pages
SSLL NO. 3�10006484
Vero Beach, Florida 32960
Fax: (772) 794-0647
r
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED YOR AND MAPPER.
DANO TAYLOR P.LS 5243
Ttda Inatrtmmt Paepa.ea m +tea
Pleau Remr+Te:
Aneden Cmvnewn Sake �agoosm.
i31?\Yam Li bands A+eare
Tamps PbdN lihlr
ACS a23e.L"
TRUSTEE'S DEED
TBIS LNDENTURE, made this _ day of June, AD. 2010,
betacten HERBERT V. iVlORIM0`4, SUCCESSOR TRUSTEE OF
TEL HENRY J. DABROWSIO IRREVOCABLE TRUST UNDER
REVOCABLE I.IVLNG TRUST AGREMEN'1' DATED JULY 17,
2007, whose address is 28826 Ramblewood Drive, Fremington Hills,
MI 49334.1750, Gramme and CITY OF SEBASTLMN, A munfeipalIty
within Indian River Coonty, Florida, whose mailing add= it 1225
Main Swett, Sebastian, Florida 32958, Goatee,
lwhaetw used k"It lite mrnw'Crmatar' and'lnesee^ Icdeds ap tM pardn
re this instrvmmr and Thai, stir; lees, represteus t' sue .. sed asdaux
^Gnr' nroaud'meetee' aro as,d red to.,tar a+d'tura, a fie revert ,cydres
sad Tae euef., edudm stall Littlest d, =eodc,v)
2077483
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INOIAN RIVER COUNTY FL
SK 2431 PG:l266. Paget of 2
an nol 0 at 11:53 AM. O DOCTAX PO
$5250.00
JEFFREY K BARTON. CLERK OF COURT
WTrNESSETB: Thal the said Gram , for and in costidemoom a The sum of Tea Dothus and other goad and valuable
considerations, to said rimmor in hand paid by sed Grantee, the receipt whereof is hereby ackmwledged, does hereby
remise, release and 9uitrotaim unto the said Grantee fo¢ver, all right tide, interest claim and demmd which the said
Gcanmr has in and to The following described land situate, lying and being in Iadian River County, Florida, to-wi[
See Exhibit -A" attached hereto and by reference nude a pan hereof.
By acceptance of tin Trustee's Deed. the Gurnee hereby agrees That The user of The, Property described herein shall be
subject to the coveaana and restrictions as set fords in the Declaration of Aeauiedve Coveoams recorded in the Public
Records of Indian River County, Florida. These covanana and restrictions shall tun with Ute Property berain descnbed.
If any term or condition of the hhmsbwmrionof Rcaictivm Covenants is violated by the Camra or by 10012 third petty with
rhe knowledge of de Grantee and the GsmtG does nor rxmect the violation prrrsumt to the Declaration of Rearrativz
Covwzncs, f« simple tide To an interest in the Project Sim shall be conveyed an the Board of Trustees of the hmtara:
Impmanem Trust Food of de nam of Florida in accordance whir Chapter 380. Part Ill, Florida Statutes
TO HAVE AND TO HOLD de same together with all and singular the appmTsamem, thelava belonging or in anywse
appertaining and all the esme, right, title, "alreres4 Her, equity and rdnim whatsoever of the amid Gruuor either in law ac
equity, co We only proper est, benefit and behoof of else said Gurnee fomoer.
THIS DIAD is m,sc red pursuant To and in e=mise 0f the poorer and authority granted to and versed in said Trustee by
the terms of aid deeds or deeds in ons[ delivered to said Trustee in pursuance of the Trust Agreement above mentioned
This deed is made subject to axe and Ayvetmaxta for the year 2010 and years thzmfta and subject to COMMo maT• and
restrictions ofreamd, if my.
This mnveyapea is subject to easements, mmicdons, limituam and conditions ofrecord if say new exits, but any such
menc s that may have been accoutered are ret hereby rc Trposed
This property is tut me hurnesrmsd propetY of the Gran[or(s), nor contiguous To homestead property, a such homestead is
defined wider Florida law.
LH NTINESS WHEREOF the Grator lw bereuno setGmmots head and seal, the day and year first above wnitco.
Signed, sealed and delivered in J�/JyC
the
(Si mote first Winters)
din typed or Bumped wdm of
t W"mess.)
(S' nae ofse<ga arae$)
_�� wrr�A i-'�raS' i urs.
(printed. typed orsmmped Brame of
second wimey)
Herbert V. M�Successor frustum of the H� J. Dab areldd
Irrevocable Trust Under Revocable Luting Trust Agreement dated
July 17, 2007
STATE OF 91GH!!(=TkN
COUN`FY OF !u Y t,
The3gsagoipShermuerttvasackmowiedeedbeforemsethitaf dayof UN.L1>"- ,2010,by Berber[V.Morrison,
sSitecego4'Taustae of the Henry J. Dabrow�sl i Irrevocabe Trurt Under Beatable Living'hmt Agreement dated July 17,
'-,i2dOg; •SitdpftpgM1�+) (Nomry Public nuts[ch2cV applicable box):
rt(1Votar�Sea1) S `' '' [) is ly Imown ma
/' aced acoram license.
,..r der:_ _ treed ssideetif. dna
8011liz3
-
. otany eo-Sarco it Fi)::3%,SVITEOF&M
(priomQ Typed orSamped Naas of Notary Publ'" G.tk1iYCF�A1'L�
Come ion No:
.. ..._.. MYCommiazion Fspues: '..•. •_-....-.C,YCFCelAY/U[3"
Attachment B
Page 15 of 16 Pages
SSI.L NO. 310006484
EXHIBIT"A"
LEGAL DESCRIPTION UPLAND PARCEL
THE SOUTH 13 FEET OF LOT I SUBDIVISION, ACCORDING TO THE PLAND ALLTRECO DED 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"41'3T 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, 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,
IF ANY.
.Attachment B
Page 16 of 16 Pages
SSLL NO. 310006484
This Instrument Prepared By:
M. Sue Jones
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 RENEWAL
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 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 August 15, 2014, the effective date of this lease
renewal, through August 15, 2019, the expiration date of this lease renewal. The terms and conditions on and for which this
lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate 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 26 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 annual lease fee of $ 3.471.71, plus sales tax
pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice. The annual fee for
the remaining years of this lease 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 ]
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 18-21.01 I, 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 parry 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 parry, 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 renewal, the Lessor is hereby specifically
authorized and empowered to examine, for the tern of this lease renewal 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)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 renewal 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 renewal, 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 RENEWAL: This lease renewal 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. INDEMNIFICATIONANVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State of
Florida from all claims, actions, lawsuits and demands arising out of this lease renewal.
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 -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.
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 renewal.
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.
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. 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
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 renewal 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 renewal 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 renewal 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 renewal, 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 _ 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 renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor.
23. AMENDMENTS/MODIFICATIONS: This lease renewal is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease renewal 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.
Page 4 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
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 agreement.
25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
26. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (l) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
27. GAMBLING VESSELS: During the tern of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
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 5 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
7IEJ�'SaWdj&.A
Original Signature
e- (,P—da-
vyy`(Lack,
BY:
c -
of Witness
h
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
Cheryl C. McCall, qhief, 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 1 "�` o I day o€ Y -e 20L., by
of Florida. She is personally (mown to me.
APPR VED SUBJECT T ROPER EXEC TION:
DE Attorney Date
Page 6 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
Public, Stajt of Florida
Printed, Typed or Stamped Nam
,V • Notary p,, 1, Slate of Florida
My Commission Ex fit; Kathy C Griffin
1+• My CommluWa Ea146797
a„C Explraa
127 12016
Commission/Serial
WITNESSES: City of Sebastian Florida (SEALT
BY:
Original rgnature Ori ' 1gn Executing Authority
1 w ATRNANE
Cj�ed/Printed Name of Witness
Original Si at e
l�o?cilt�Wl• ,Bo�tOc�t�li
Typed/NrintedName of Witness
STATEOF Florida
COUNTY OF Indian River
Richard Gillmor
Typed/Printed Name of Executing Authority
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this 10th day of December 2014 by
Richard Gillmor as Mayor, for and on behalf of City of Sebastian. Florida. He is personally known to me or who hamoduced
,ms idermf=tietr.
My Commission Expires:
2/28/15
Commission/Serial No. EE 038067
Page 7 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
Si ture of Notary Public
Notary Public, State of Florida
Jeanette Williams
Printed, Typed or Stamped Name
" JEANETfE INILLIAMS
.? Commission # EE 038067
- Expires February 28, 2015
p, Bptled imyFaFhvangBOD]BS7818
pttachmenl A
page 8 0l' 16 Pages
SSI.,I,No. 310006184
Boundary Survey
for Submerged Land Lease
at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
.111-7
w o
N
W o
W
CERTIFIED TO:
STATE OF FLORIDA
BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND
Sheet I of 7 OrC,6 by: CheDcFklTd by Fi16483me 6 04/2010 NONIE'ca 7 Drawing 6483.DWG e
NOT VAUD NTTHOUT THE SIGNATURE AND
lYlasfeller, 1►%leY, Reed &Taylor, Inc. THE ORIGINAL RAISED SEAL OF A FLORIDA
PROFESSIONYLSfrRYEFORSA1%0XWPPB'RS ZUCERIVIEYOR AND MAPPER.
ALAND SVRVEFINCBUSINESSAff44
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAriOR P. 5243
Boundary Survey
for Submerged Land Lease
at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
WA-W412M
RIW
RIGHT—OF—WAY
NO.
NUMBER
R
RADIUS
L
LENGTH
CH
CHORD DISTANCE
CB
CHORD BEARING
PSM
PROFESSIONAL SURVEYOR AND MAPPER
d
DELTA
N
NORTH
S
SOUTH
E
EAST
W
WEST
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
NA VD
NORTH AMERICAN VERTICAL DATUM
LB
LICENSED BUSINESS
FDEP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PB
PLAT BOOK
PG
PAGE
SO. FT.
SQUARE FEET
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
S25'39'00"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 S88'17'26E 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 N0750'15'E 32.54 FEET, • THENCE N1356'13"W, 15.89 FEET, • -THENCE
N0214'55"E, 42.86 FEET,• THENCE N2154'42'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 N21'19'47"W, 120.07 FEET; THENCE N'64'5924"E,
122.46 FEET,, THENCE N67'37'58"E, 31.12 FEET, THENCE S2171'23"E, 43.03 FEET,• THENCE S22'06'09"E,
47.14 FEET., THENCE S233934'E, 43.70 FEET; THENCE 568'4141"W, 77.52 FEET,; THENCE 525'05'08"E,
2.35 FEET,; THENCE S6753'24"W, 22.27 FEET,- THENCE S243554E, 3.63 FEET, THENCE S675522'W,
87.00 FEET BACK TO THE POINT OF BEGINNING.
CONTAINING 0.48 ACRES (20854.71 S0. FT.) MORE OR LESS. .4ttachmenLA
Page 9 of 16 Pages
SSLL NO. 310006484
Sheet 2 0 7 Drawn by: Checked by Fite name Date Scale Drawing Name
J
Drawn
DMT 6483 6/04/2010 NONE 6483.DWG
Mi7steller, Moler, Reed & Taylor, Inc.
PROFESSIONAL SURFEFORS,4"d4APPERS
L,4"S[1RFEFMGRUSGVESS"dV4
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VAUD WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED, SEAL OF A FLORIDA
UCEN RVEYOR AND MAPPER.
DAVID TAYLOR P.4 5243
Boundary Survey
for Submerged Land Lease at Dabrowsk\ Marina
T -44-R' FI '
n IveCr o"lily, ort d
a
Not Valid Without All Sheets
SKETCflOFLE4SE,4RE4DESCRIPTION
FOUND TEx4- AND PARENTPROPERTYDET,4IL
CONCRETE
NONWENr - \\
a
FWND&
46 _
DISK LB 1644
\ &WCAP IRHZ RON ROD
\ FWND J -KS" .j
CONCRETE MONUMENT
mum meter
9 LEASE AREA
\ P. C \ FWND NaL & \ 20854.71 SQ FT
�o DI9 wszj.0 0.48 ACRES
479'
(y'16.ltY u.rsff G �»
01QAi PL+ 66a m1 P4a T L72 Lit
YL � nm a um. a V,3
`O u Lie
e L17
4 riw xw uroe ue
TL X v nLwaw-brr �uw n1
\ mr P.O.
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wow \ & 827434.7 \ R1PpR1Pt
\
\ iT 26T 716.14`
FOUND 3/4. PON
PIPE —/% \
SEr IRON ROD
NO IDENTIFICATION
&CAP l8 461
\
yon
0 100' 2001\
\ Y
P
Parcel Line Table
lM /
L.MN
OYSN.n
L14
nS1
wrstr15't
Lia
1369
NLY56.13b'
LIS
1206
N0114'SSi'
L17
14.69
N115C12'E
Lie
1.41
9B'3 O -E
L10
14.61
5115e%$'E
111
Mel
0 J9'09'E
L23
ISN
SJ9U]'JS'E
L21
IS90
52J74'le'E
Lie
R.
96334'47'E
Parcel Una Table
L1+. /
L.n9M
I De.c
LI
IJ01
N 11'46'N
(1
]211
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U
120.61
N2119'ITr
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SD7SY11ir
L12
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LiJ
x.00
54735YYI1,
Sheet 4 of 7 Drawn by: Checked by File name Date Scale- Drawing Name
C1G DMT 6483 6/04/2010 1"=100' - "6483.DWG
NOT VALID WTHOUT THE SIGNATURE AND
lYiasteller, ffoler, Reed tf Taylor Irrc. THE ORIGINAL RAISED SEAL OF A FLORIDA
PROFESSIOA54LSb7RVE'Y0RSANDMAPPERS LICENSED SQgKYOR AND MAPPER.
AL,INIJSURVEYMGRUSINESS4/4644
1655 27th Street. Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L.S. 9n3
Attachment A
page 111 of 16 Pages
SSLL NO. 310006484
SHORELINE OF
SUBJECT PROPERTY -205'1
36'± NATURAL 187.
169'-+ HEADWALL 82%
SHORELINE SOUTH
135± ROCKS 12%
947'± NATURAL 88%
SHORELINE NORTH
421'± NATURAL 39%
238'.± SEAWALL 22%
4VETMENT 39%
Boundary Survey
\ for Submerged Land Lease
at Dabrowski Marina
Indian River County, Florida
\Not Valid Without All Sheets
SHORELINEDETWL
m
N
0 igPr"Ia T" 7 A
\ LEASE
v�
sue,Ecr
PRarErrTr srr"
1N01 \.c
Sheet 5 of 7 (Drawn by: Checked by I File name I Date I Scale I Drawing Name
C1G DMT 6483 6/04/2010 1'=250' 6483.DWG
ffasmller, ffaler Reed & Taylor, Itrr-
PROFESSION4L s&wfF-YORS.4NDMAPPF"
Z,4" SURVEYING BtSINESS #4644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
.attachment A
Page 11 of 16 Pages
SSLL NO. 310006484
NOT VAUD NITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF: A, FLORIDA
LICEN„SEDY/OR AND'MAPPER.
i—
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida \
Not Valid Without All Sheets
SICETCHOFEXISTING IMPROVEMENTS
IVITMINLE,9SEAREA13
AND UP-Lf1ND STRUCTUREDET,4IL
i Q o
a
RIP c 3
SEE SHEET 7
FOR DETAIL
MOODPI
® ®® t"" ® 239p t
�n
ux1INLi MT 4 Sf E
ORM
MOT N CEFlNEO)
No STRUCK WTHIN
too' OF, soon+ I.NE
W", ANSA
R1PPR1w
L
MEAN MOM WAT UIC
(FIIYA OON�_0.7Y NAw e8)
Pff! 111E f,D.EP. li nElt
W T 3/1.1/1010 Aw
t110A1kD 5/13/1010
1
0 80' 160'
Sheet 6 0 7 Drawn by: Checked by File name Date Scale Drawing Name
f CIG DMT 6483 6/04/2010 1'=806483.DWG
Masleller, AfOler Reed & Taylor, InG
PROFESSION4L SURVEYORSAND MAPPERS
LAND SURYEYINCBUSINESS #ff4V
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
attachment .l
Page 12 of 16 Pages
SSLL NO. 310006484
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
i
DAVID TAYLOR P.LS. 43
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid TIA16 t ARO11EA s
DET`dIL O!'EX/S77NC !AlPROf'EMENTS '
EVLEASEAM4
BOAT SLIP 4
BOAT SLIP 5
BOAT SLIP 7
BOAT SLIP 6
BOAT SLIP 8
LT SUP 3 N9ro PaJNc
�Trrncu) .?
LEASE AREA Ti sb
BOAT SUP 2
5. 6L
BOAT SLIP m
11 BOAT SUP 0 13
a
72
BOAT SUP 1 BOAT SUP a
it i•
BOAT SLIP y
10
� v i
\ BOAT SUPP
9
GRANOFARRREO
emom /
(IAUACMWCfD)
Attachment A
Page 13 of 16 Pages
"36 SSLL NO. 310006484
�' N01 NA7M LINE 0 30' 60'
(E1EVA1101�-a M' MA 1a Be)
PEIt INE F.,.LP. LETTER
DAM) 3/13/1010 AND
Sheet 7 0 7 Drawn by: Checked by File name Date Scale Drawing Name
f CIG DMT 6483 6/04/201Q V=30' I 6483.DWG
Masteller, dlnler, Reed & Fayl4gr Ara
PROFESS M4LSURYBTORSANDMAPPERS
A1-4"S1RYETIN6?B11ffiVffSWiW4(
1655 27th Street. Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VALID WITHOUT THE'SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED RVEYOR AND MAPPER
DAVID TAYLtNt Pt5243
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
REPORT OF SURVEY -
TYPE OF SURVEY.. BOUNDARY (THIS IS A FIELD SURVEY)
-SURVEYOR IN RESPONSIBLE CHARGE DAVID TAYLOR P.S.M. 5243
•A4ASTELLER, 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
AND/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 THE EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE
LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (5J-17 FAC) IS SUBURBAN. THE
MINIMUM RELA77VE 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.
• VER77CAL 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-IDEN77FIED FEATURES CONTAINED IN THIS SURVEY AND MAP HAVE BEEN
MEASURED TO AN ESTIMATED VERTICAL POSITION ACCURACY OF PLUS OR MINUS 0.10 FEET.
-DATA ACOUISITION 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 LINE BEARS S002539•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 CER77FY TO THE EXISTENCE OR LOCATION OF ANY FOUNDATIONS, UTILITIES,
UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS EXCEPT AS SHOWN.
• UNLESS A COMPARISON IS SHOWN, PUT 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 I --(AS NOTED) OR SMALLER.
Sheet 3 0 Drawn by: Checked by File name Date Scale Drawing Name
f CJG DMT 6483 6/04/2010 NONE I 6483.DWG
Mas%ller, fYloler, Reed & Taylor, Ac.
PROFESSIONAL SURYEYORSANII MAPPERS La
LAND SURYE]YAW Nr/SMESS"644
1655 27th Street, Suite 2
Phone: (772) 564-8050
Attachment :k
Page 14 of 16 Pages
SSLL NO. 3�10006484
Vero Beach, Florida 32960
Fax: (772) 794-0647
r
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED YOR AND MAPPER.
DANO TAYLOR P.LS 5243
Ttda Inatrtmmt Paepa.ea m +tea
Pleau Remr+Te:
Aneden Cmvnewn Sake �agoosm.
i31?\Yam Li bands A+eare
Tamps PbdN lihlr
ACS a23e.L"
TRUSTEE'S DEED
TBIS LNDENTURE, made this _ day of June, AD. 2010,
betacten HERBERT V. iVlORIM0`4, SUCCESSOR TRUSTEE OF
TEL HENRY J. DABROWSIO IRREVOCABLE TRUST UNDER
REVOCABLE I.IVLNG TRUST AGREMEN'1' DATED JULY 17,
2007, whose address is 28826 Ramblewood Drive, Fremington Hills,
MI 49334.1750, Gramme and CITY OF SEBASTLMN, A munfeipalIty
within Indian River Coonty, Florida, whose mailing add= it 1225
Main Swett, Sebastian, Florida 32958, Goatee,
lwhaetw used k"It lite mrnw'Crmatar' and'lnesee^ Icdeds ap tM pardn
re this instrvmmr and Thai, stir; lees, represteus t' sue .. sed asdaux
^Gnr' nroaud'meetee' aro as,d red to.,tar a+d'tura, a fie revert ,cydres
sad Tae euef., edudm stall Littlest d, =eodc,v)
2077483
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INOIAN RIVER COUNTY FL
SK 2431 PG:l266. Paget of 2
an nol 0 at 11:53 AM. O DOCTAX PO
$5250.00
JEFFREY K BARTON. CLERK OF COURT
WTrNESSETB: Thal the said Gram , for and in costidemoom a The sum of Tea Dothus and other goad and valuable
considerations, to said rimmor in hand paid by sed Grantee, the receipt whereof is hereby ackmwledged, does hereby
remise, release and 9uitrotaim unto the said Grantee fo¢ver, all right tide, interest claim and demmd which the said
Gcanmr has in and to The following described land situate, lying and being in Iadian River County, Florida, to-wi[
See Exhibit -A" attached hereto and by reference nude a pan hereof.
By acceptance of tin Trustee's Deed. the Gurnee hereby agrees That The user of The, Property described herein shall be
subject to the coveaana and restrictions as set fords in the Declaration of Aeauiedve Coveoams recorded in the Public
Records of Indian River County, Florida. These covanana and restrictions shall tun with Ute Property berain descnbed.
If any term or condition of the hhmsbwmrionof Rcaictivm Covenants is violated by the Camra or by 10012 third petty with
rhe knowledge of de Grantee and the GsmtG does nor rxmect the violation prrrsumt to the Declaration of Rearrativz
Covwzncs, f« simple tide To an interest in the Project Sim shall be conveyed an the Board of Trustees of the hmtara:
Impmanem Trust Food of de nam of Florida in accordance whir Chapter 380. Part Ill, Florida Statutes
TO HAVE AND TO HOLD de same together with all and singular the appmTsamem, thelava belonging or in anywse
appertaining and all the esme, right, title, "alreres4 Her, equity and rdnim whatsoever of the amid Gruuor either in law ac
equity, co We only proper est, benefit and behoof of else said Gurnee fomoer.
THIS DIAD is m,sc red pursuant To and in e=mise 0f the poorer and authority granted to and versed in said Trustee by
the terms of aid deeds or deeds in ons[ delivered to said Trustee in pursuance of the Trust Agreement above mentioned
This deed is made subject to axe and Ayvetmaxta for the year 2010 and years thzmfta and subject to COMMo maT• and
restrictions ofreamd, if my.
This mnveyapea is subject to easements, mmicdons, limituam and conditions ofrecord if say new exits, but any such
menc s that may have been accoutered are ret hereby rc Trposed
This property is tut me hurnesrmsd propetY of the Gran[or(s), nor contiguous To homestead property, a such homestead is
defined wider Florida law.
LH NTINESS WHEREOF the Grator lw bereuno setGmmots head and seal, the day and year first above wnitco.
Signed, sealed and delivered in J�/JyC
the
(Si mote first Winters)
din typed or Bumped wdm of
t W"mess.)
(S' nae ofse<ga arae$)
_�� wrr�A i-'�raS' i urs.
(printed. typed orsmmped Brame of
second wimey)
Herbert V. M�Successor frustum of the H� J. Dab areldd
Irrevocable Trust Under Revocable Luting Trust Agreement dated
July 17, 2007
STATE OF 91GH!!(=TkN
COUN`FY OF !u Y t,
The3gsagoipShermuerttvasackmowiedeedbeforemsethitaf dayof UN.L1>"- ,2010,by Berber[V.Morrison,
sSitecego4'Taustae of the Henry J. Dabrow�sl i Irrevocabe Trurt Under Beatable Living'hmt Agreement dated July 17,
'-,i2dOg; •SitdpftpgM1�+) (Nomry Public nuts[ch2cV applicable box):
rt(1Votar�Sea1) S `' '' [) is ly Imown ma
/' aced acoram license.
,..r der:_ _ treed ssideetif. dna
8011liz3
-
. otany eo-Sarco it Fi)::3%,SVITEOF&M
(priomQ Typed orSamped Naas of Notary Publ'" G.tk1iYCF�A1'L�
Come ion No:
.. ..._.. MYCommiazion Fspues: '..•. •_-....-.C,YCFCelAY/U[3"
Attachment B
Page 15 of 16 Pages
SSI.L NO. 310006484
EXHIBIT"A"
LEGAL DESCRIPTION UPLAND PARCEL
THE SOUTH 13 FEET OF LOT I SUBDIVISION, ACCORDING TO THE PLAND ALLTRECO DED 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"41'3T 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, 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,
IF ANY.
.Attachment B
Page 16 of 16 Pages
SSLL NO. 310006484