HomeMy WebLinkAbout1996 12 11 - Shoreline Oyster Bar�' 01
City of Sebastian, Florida
Subject: Modified Sovereign Submerged Agenda No. 96,252
Lands Easement from the Board of the
Internal Improvement Trust Fund of the Department Origin: City Manager
State of Florida.
Date Submitted: December 3, 1996
Approved for Submittal by: City Manager
For Agenda of December 11, 1996
Exhibits:
1. Letter dated 11-22-96 from Troy Rice with the St. Johns River Water Management District;
2. Letter dated 11-18-96 from Cher King with Department of Environmental Protection;
3. Proposed Modified Lease;
4. Map of Project Site;
5. Revised Legal Description of Experimental Oyster Bar Wave Break:
6. Cross Sections of Project.
EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION
NONE RE UIRED: N/A
SUivlri IARY STATEMENT
The attached modified lease agreement is necessitated by wave break which was constructed in
front of Riverview Park as part of the shoreline stabilization project in the auspices of SWIM.
Apparently, the original scheme called for the wave break to be built in a straight line. The
actual construction was built with alternating sections being staggered as opposed to being in a
straight line. The Department of Environmental Regulation advised the Water management
District that the installation was not in compliance with the original lease, and thus the need for
the modified lease.
RECOVIINi TENDED ACTION
Move to authorize the Mayor to execute the acceptance of the modified lease as requested by the
Florida Department of Environmental Protection.
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Department of
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FLORIDA_Y.�
Environmental Protection
Marjory Stoneman Douglas Building
Lawton Chiles 3900 Commonwealth Boulevard
Governor Tallahassee, Florida 32399-3000
November 18, 1996
City of Sebastian/Riverview Park
c/o Marry Smithson
St. Johns River Water Management District
1900 S. Harbor City Blvd., Suite 107
Melbourne, Florida 32901
Easement No. 29459
BOT File No. 312648584
Grantee: City of Sebastian Florida
Dear Mr. Smithson:
Virginia B. Wetherell
Secretary
Enclosed is a modified easement instrument which requires acceptance by Louise Camvright's notarized signature
as the Mayor for the City of Sebastian (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the
names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or
typewritten directly below that person's signature.
Please execute and return the enclosed instrument within 30 days of the date of receipt of this letter. Upon receipt
and acceptance, we will transmit the easement instrument for final departmental execution and a fully executed
copy will be provided to you.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free
to contact me at the letterhead address (directed to Mail Station No. 125) or at 904/488-2297.
Sincerely,
Cher King, Planner 11
Submerged Lands Section
Bureau of Land Management Services
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Enclosures
cc: City of Sebastian
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its cvpense, and shall indemnify, defend and save and (told harmless the Grantor and the State of Florida from all
claims, actions, lawsuits and demands arising out of this easement, which do not arise out of or result from the negligent acts
of omissions of Grantor.
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10, ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
11. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide
by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the
Grantee, its successorsand assigns. In the event the Gmntee fails or refuses to comply with the provisions and conditions
herein set forth or in the event the Gmntee violates any of the provisions and conditions herein, this easement may be
terminated by the Grantor upon 30 days written notice to Grant=. If terminated, all of the above-described parcel of land
shall revert to the Grantor. All costs, including atomeys' Cees, incurred by the Grantor to enforce the provisions of this
easement shall be paid by the Grant=. All notices required to be given to Gmntee by this easement or applicable law or
administrative rales shall be sufficient if sent by U.S. Mail to the following address:
City of Sebastian Florida
1225 Main Street
Sebastian, Florida 32958
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
change is effective.
12. TAXES AND ASSESSMENTS: The Grant= 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 easement which result from the grant of this easement or the activities of Grantee hereunder.
13. REMOVAL OF STRUCTURES/ADNIIMSTRATIVE FINES: If the Grant= does not remove said stntctures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by cenified mail addressed to the Grant= at the address specified
in Item I1 or at such address on retard as provided to the Grantor by the Grantee. However, such remedy shall be in addition
to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal
of all structures and the right to impose administmtive fines.
44. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce
any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
16. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modifimdon to this easemem most be in writing and must be accepted,
acknowledged and executed by the Grant= and Grantor.
17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Arany Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE slmll require consideration by and the prior
written approval of the Grantor prior to the commencement of construction and/or any activities an sovereign, submerged
lands.
Page 2 of 8 Pages
Easement No. 29459