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HomeMy WebLinkAbout2024 Fisherman's Landing LeaseLEASE BETWEEN THE CITY OF SEBASTIAN AND FISHERMAN'S LANDING SEBASTIAN, INC. THIS LEASE entered into this 24th day of April, 2024 by and between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, located at 1225 Main Street, Sebastian, Florida, 32958, hereinafter referred to as the "LESSOR" and FISHERMAN'S LANDING SEBASTIAN, INC., a not for profit corporation organized and existing under the laws of the State of Florida, whose address is PO BOX 782038, Sebastian, Florida 32978-2038 and hereinafter referred to as the "LESSEE". WITNESSETH: WHEREAS, the Sebastian City Council is authorized to lease real property owned by the City to not for profit organizations formed for the purpose of promoting community interest and welfare; and WHEREAS, LESSEE is a Florida not -for -profit organization formed for the purpose of promoting community interest and welfare, which includes the revitalization of Sebastian's Working Waterfront, and whose Members are commercial fishermen (a copy of LESSEE'S corporate documentation is attached as Exhibit "A"); and WHEREAS, LESSOR owns real property, hereinafter described below, which is upland to Submerged Land Lease #310006484; and WHEREAS, LESSOR has acquired the property with partial funding from the Florida Communities Trust (FCT) and the property is subject to certain limitations provided in the FCT Declaration of Restrictive Covenants (as recorded in OR Book 2431, Page 1268 in Indian River County, Florida) ("Declaration"), the terms of the Declaration of which are hereby incorporated by reference; and WHEREAS, as part and condition of the FCT funding, the LESSOR provided and FCT approved, a Working Waterfront Collaborative Management Plan ("Management Plan") for the property, the terms of the management plan are hereby incorporated herein by reference and 1 attached hereto as Exhibit `B" whereby activities on the property must adhere to the terms and conditions contained in the Management Plan; and WHERAS, FCT shall approve and review all leases, subleases, easements or other similar documents that affect the Property funded by FCT before the documents are executed by any and all Parties, the same shall not be unreasonably withheld and any execution of documents without FCT's prior review and written approval may be deemed null and void; and WHEREAS, FCT shall be notified at the Department of Environmental Protection, Florida Communities Trust, 3900 Commonwealth Boulevard, MS4115, Tallahassee, Florida 32399; and WHEREAS, the Declaration's restrictions on the FCT funded property are superior to any other restrictions placed upon the property; and WHEREAS, LESSOR intends that the conservation and recreation values of the property be preserved and enhanced in accordance with the Management Plan, as it may be amended from time to time only after review and approval by FCT; and WHEREAS, LESSEE has applied to LESSOR for a lease of the upland real estate and use of the submerged lands, collectively referred to as the "Leased Premises," for the purpose of commercial fishing docks, off-loading facility and weigh station for use by the Members of the LESSEE and visitation by the general public in designated areas in accordance with the Management Plan; and WHEREAS, LESSOR has determined that the revitalization and preservation of the Sebastian Working Waterfront promotes community interest and welfare; and WHEREAS, LESSOR has found that the facilities to be leased to LESSEE are required for the proposed use and LESSEE agrees to maintain the same and make certain improvements; and WHEREAS, LESSOR desires to lease such property to LESSEE for the purpose described herein. 2 NOW THEREFORE, in consideration of the foregoing and in further consideration of the mutual covenants contained herein the parties agree as follows: 1. LEASED PREMISES. LESSOR hereby leases unto LESSEE the following premises: A. Property: Uplands property and submerged land leased property located at 1532 Indian River Drive, legally described in Exhibit "D" attached hereto and incorporated herein. A location map, depicting both parcels, is attached hereto as Exhibit " E". B. Parkins-,: All parking spaces located in the southern one-third (1/3) of the parking lot located on the west side of Indian River Drive, being a part of Lot 3, Block 2 of Middleton's Subdivision of the City of Sebastian as per plat book 2 Page 56. Parking spaces are shown on Exhibit "F". 2. PURPOSE. LESSEE shall use the Leased Premises solely and exclusively for providing its members a commercial fishing dock, an off-loading fish packing facility, aquaculture, fundraising, special events and other uses that may support the commercial fishing industry as described herein in accordance with Management Plan. A. SPECIAL EVENTS. Two (2) special events per year may be conducted by the LESSEE at the leased premises. It is understood that LESSEE shall have the right to utilize the exterior areas of the premises at 1540 Indian River Drive at no additional cost in conducting said Special Events. All Special Event net revenue will be used to further the mission of LESSEE. At such events, playing of live music, such as live bands, DJ's or karaoke is permitted. A "Special Event" shall be defined as a regular yearly, or bi- annual, scheduled activity. Each Special Event is expected to have an attendance exceeding 300 people, excluding staffing personnel on a single day. Special Events may be conducted over a three (3) day period from 9AM through 7PM. Special Events may not conflict with the major events sponsored by the LESSOR which include: the Sebastian Clambake: Citv of Sebastian 4", of Julv Celebration: the Fine Arts and Music Festival: and River Days and Craft Brew Hullabaloo. Execution of this Lease constitutes issuance of the City required Temporary Use Permit for any Special Event, with no fee required, for the term of the lease. The LESSEE agrees that Special Event(s) shall comport with the Temporary Use Permit requirements of other City Festivals as outlined in a special accommodation plan. Any special accommodation plan shall address issues such as requirements for additional restroom facilities, traffic control, parking, beer and wine consumption only, and special duty police service. Costs for any such accommodation shall be made at the sole expense 3 of the LESSEE. If any LESSEE Special Event is held on the Leased Premises where alcohol is consumed, it is understood that LESSEE shall obtain, at its expense, appropriate Liquor Consumption Liability Insurance that shall cover the duration of the event. B. Upon request by either party, within ten days after a special event, the parties shall meet to discuss better coordination for, and to address any public safety concerns regarding future events. C. LESSEE agrees to provide adequate public liability insurance for any event held on the Leased Premises. In addition, LESSEE shall provide adequate public liability insurance coverage in the event that the property at 1540 Indian River Drive is used as an ancillary venue, in whole or in part, of any LESSEE Special Event. LESSEE hereby waives any and all claims, lawsuits, judgements, or similar causes of action, for any and all injuries and claims to persons or property arising out of Special Event activities conducted by the LESSEE on the Leased Premises, or on the premises at 1540 Indian River Drive, if that facility is used in conjunction with a Special Event OF LESSEE, the LESSEE shall indemnify LESSOR against any/and all claims, liabilities, loss or damage as a result of Special Event activities. LESSEE agrees to defend LESSOR against any and all claims, LESSEE's sole cost and expense. 3. SUBMERGED LANDS LEASE. The parties acknowledge the existence of a Sovereign Submerged Lands Lease #310006484 (see Exhibits "D & E"). The parties further understand that this lease may be amended and modified from time to time. LESSOR shall be responsible to acquire, keep and maintain, from the appropriate governmental agency a lease which permits the operations of a working waterfront as enumerated herein. LESSOR shall pay all annual and renewal fees associated with the Submerged Lands Lease. LESSEE acknowledges the restrictions, requirements and regulations contained in the Submerged Lands Lease #310006484 and agree to use the Leased Premises in accordance with such lease provisions and directives. Any default, breach or noncompliance issues shall be the sole responsibility of the LESSEE. 4. TERM. LESSOR leases to the LESSEE the Leased Premises for an initial term of TEN (10) years. If the LESSEE is in full compliance with its obligations and responsibilities hereunder, then the lease term shall be automatically extended for an additional TEN (10) years on the same terms and conditions as provided for herein as long as the LESSEE gives written notice to that effect within ninety (90) days prior to expiration of the initial term. 5. RENT. 4 In recognition of LESSEE'S capital investment at 1540 Indian River Drive, LESSEE shall pay rent of $1 per month for the term of the lease. 6. POTENTIAL REVENUE. It is anticipated that the Leased Premises may generate revenue via the rental of commercial boat slips, and the wholesale commerce of aquaculture and fish products. LESSEE shall establish, impose control, and collect all such revenues. LESSEE shall use such revenues in order to finance capital improvements, fund-raising activities including those set forth in paragraph 3A, pay general working waterfront operation expenses, and to advance the LESSEE'S mission as enumerated in its Bylaws and Articles of Incorporation (Exhibit "A"). It is understood that any revenue generated from FLS operations include boat slip rental, fish wholesales, aquaculture commerce, or any/all operations in furtherance of the working waterfront mission, shall be fair market value as determined by local industry standards. LESSEE shall give LESSOR no less than fifteen (15) calendar day's prior written notice of any proposed revenue source to be generated on the Leased Premises that is not expressly addressed in this lease. If LESSOR objects to the proposal and the parties cannot resolve the issue, the matter shall be submitted in writing to FCT and, if FCT determines that the revenue source violates the grant covenants, LESSEE shall not conduct such activity. Collection of any general visitor admission fee shall be prohibited without the written consent of the LESSOR. 7. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as is." The following improvements schedule is adopted: A. LESSEE, at its sole cost and expense, shall install, repair and maintain docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. B. At the end of the term of this Lease, LESSEE shall deliver the Leased Premises to LESSOR in good repair and condition, reasonable wear and tear excepted. With the exception of privately owned or leased equipment, all installations, fixtures, alterations, additions and/or improvements, on the Leased Premises, shall become the property of the LESSOR and, on termination of the Lease, shall be surrendered with the Leased Premises in good condition. 8. OPERATIONAL ADHERENCE. 5 In addition to the duties, and obligations, provided in this Lease Agreement, LESSEE shall comply with all requirements of the Stan Mavtield Working, Waterfront Grant Contract (Exhibit "H") and The City of Sebastian Working Waterfront Collaborative Manai:ement Plan (Exhibit `B"). The Declaration of Restrictive Covenants (Exhibit "I"), issued by FCT, are superior to any other restrictions placed upon the property. Other than provisions specifically superseded by FCT and this Lease Agreement, LESSOR shall not interfere with the operations of the LESSEE. 9. BUILDING. UTILITIES, MAINTENANCE AND REPAIRS. A. LESSEE agrees that all portions of the Leased Premises shall be kept in good repair and condition by LESSEE. LESSEE shall maintain and make all necessary repairs and alterations with respect to the Leased Premises to keep the Leased Premises in good condition. LESSEE'S sole right of recovery shall be against its insurers for losses, or damage, to stock, furniture and fixtures, equipment, improvements, and betterment. LESSEE agrees to make or contract for emergency repairs and provide protective measures necessary to protect the Leased Premises from damage and to prevent injury to persons or loss of life. LESSEE agrees to use its best efforts to insure that the property is maintained in an attractive condition and in good state of repair. LESSEE shall also keep the Leased Premises free of trash and debris. B. The interior and exterior of the Leased Premises shall be kept clean. It shall be LESSEE'S responsibility to provide and pay for landscaping and exterior maintenance. C. LESSEE shall be permitted non-exclusive right to use dumpster service, without a fee, on LESSOR'S adjoining Property for non-perishable products, as long as such services are in existence. 10. INSURANCE, INDEMNIFICATION AND DAMAGE BY CASUALTY., A. LESSOR shall procure and maintain, during the term of this Lease, public liability and all risk insurance adequate to protect the LESSOR against liability for any and all damage claims that may arise due to the activities of the LESSEE in amounts that are determined by the LESSOR. In no fashion shall LESSOR be liable for any claims arising between LESSEE and its agents resulting in damage to the City -owned facilities due to negligence of LESSEE less normal wear and tear. B. LESSOR shall procure and maintain, during the term of this Lease, fire and other casualty and property insurance, including wind damage coverage in amounts as reasonably determined by the LESSOR. C. In the event LESSEE has paid employees, LESSEE agrees to procure and maintain, during the term of this Lease, applicable worker's compensation insurance for all its employees employed in connection with the business operated under this Lease. Such 2 insurance shall fully comply with the Workers' Compensation Law, Chapter 440, Florida Statutes. The Workers' Compensation insurance policy required by this Lease shall also include Employers Liability. LESSEE shall provide proof of worker's compensation insurance as required by law, if applicable. D. LESSEE shall require its members, agents, assigns, or business invitees upon the Leased Premises, acting in furtherance of the working Waterfront operation, to execute, in a form acceptable to LESSOR, a waiver and release of LESSOR from any/all claim arising from the operation of the working waterfront core mission. LESSEE shall maintain such releases on file and, upon request, shall provide copies to LESSOR. For purposes hereof, tourist and educational activities shall not be considered working waterfront activities. E. LESSEE hereby waives all claims and agrees to hold forever harmless LESSOR from any and all claims, lawsuits, judgements, or similar causes of action, for any/all injuries and/or claims to persons or property arising out of the working waterfront activities conducted by LESSEE on the Leased Premises. LESSEE shall indemnify LESSOR against any/all claims, liabilities, loss or damage as a result of working waterfront activities on the Leased Premises. LESSEE agrees to defend LESSOR against any/all claims, at LESSEE'S sole cost and expense. 11. TAXES. LESSEE will be required to pay all taxes or other levies or assessments lawfully levied against the subject Property during the term of the Lease, if any. 12. LESSEE'S RESPONSIBILITIES. A. LESSEE agrees and covenants that it will not substantially amend or otherwise change its articles of incorporation, bylaws or rules and regulations without prior notification to LESSOR. Copies of LESSEE'S articles of incorporation, bylaws and rules and regulations are attached hereto and incorporated herein as Exhibit "A". LESSEE shall ensure that its members are required to annually meet the membership criteria set forth in its rules and regulations. B. LESSEE, its Members, Officers, employees and invitees, when on the premises, agree to follow and abide by all local, state and federal laws, ordinances and regulations and to follow and abide by the rules and regulations of the City of Sebastian, Community Redevelopment Agency, and the State of Florida as may be amended from time to time. C. LESSEE agrees to keep books, accounts and records that reflect all revenues and expenditures received in connection with the management and operation of the property as set forth in paragraph 7. The books, accounts and records shall be maintained in accordance with generally accepted accounting principles and located at LESSEE'S principal place of business. LESSEE shall make the books, accounts 7 and records required to be maintained hereunder available to the LESSOR for examination or audit during normal business hours, upon five (5) days written notice. In addition, LESSEE shall provide LESSOR with a copy of its annual audit and other financial statement(s) relating to LESSEE'S occupancy and use of the Leased Premises by July 15th of each year. 13. INSPECTION BY LESSOR., The LESSOR and its agents, upon reasonable notice, may make periodic inspections of the Leased Premises to determine whether LESSEE is operating in compliance with the terms and conditions of this Lease. The LESSEE shall be required to make any and all changes required by the LESSOR, which are necessary to ensure compliance with the terms and conditions of this Lease and/or any applicable law(s) or regulation(s). 14. PROHIBITION ON ASSIGNMENT AND ENCUMBERENCES., LESSEE shall not assign this Lease and, except as specifically authorized herein, shall not sublet the Leased Premises to any other party without the prior express written approval of LESSOR. This covenant shall be binding on any successors in interest of LESSEE. LESSEE shall be permitted to sublease dock slips and upland areas for clam raceways to licensed commercial fishermen. Preference for slips and upland rental shall be given to residents or business owners of the City of Sebastian commercial fisherman. LESSEE shall keep written records of all subleases as well as the names, license, commercial qualifications, dates of sublease, and rents. LESSEE shall not mortgage, pledge or encumber this Lease, in whole or in part, the Leasehold estate granted under this Lease. Any attempted Mortgage, pledge, or encumbrance of this Lease, or the leasehold estate granted under this Lease, shall be void and may, at the sole option of the LESSOR, be deemed an event of default under this Lease. This covenant shall be binding on any successors in interest of LESSEE. LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for payment or surety for any contract debt, obligation, judgement, lien or any form of indebtedness. LESSEE warrants and represents that it has no obligation or indebtedness, which would impair its ability to fulfill the terms of this Lease. 15. MISCELLANEOUS CONDITIONS., A. LESSEE agrees all Members and persons engaged in commercial fishing and related activities on the Leased Premises shall be at times subject to the LESSEE'S sole direction, supervision and control and shall not be considered employees, agents or servants of the LESSOR. B. LESSEE agrees that it shall at all times prohibit recreational vessels at the Leased Premises. H. C. LESSEE agrees that none of the vessels docked at the Leased Premises will be used as live aboard vessel for more than a forty-eight (48) hour period. D. LESSEE agrees to park its vehicles in places specifically designated by this lease and further agrees that no parking will occur in landscaped areas or blocking any sidewalk or street. LESSEE shall prohibit commercial truck parking on the Leased Premises for any duration other than what is reasonable for loading or unloading purposes. E. LESSEE shall prohibit boat trailer parking on Leased Premises for any duration other than what is reasonable for loading and unloading purposes. F. The parties recognize that the ongoing redevelopment efforts within the Sebastian CRA may result in changes in parking as well as the configuration of vehicle parking on or adjacent to the Leased Premises. LESSEE agrees to cooperate and coordinate with LESSOR in connection with parking projects and/ or reconfiguration. G. LESSEE shall have the right to tow vehicles, in accordance with Florida Statutes, from parking areas dedicated to them by this Agreement, if they solely determine that such parking interferes with operations at the working waterfront. Government vehicles parked in the subject area, in support of governmental function, are exempt, and shall not be towed. H. LESSEE agrees to prohibit unauthorized persons on the Leased Premises and to prohibit trespassing on the Leased Premises by use of appropriate signage. LESSOR agrees to provide said signage at its expense. I. LESSEE agrees to develop a fuel/hazardous substance containment plan within sixty (60) days of the date of this Lease. LESSEE for itself, and its permitted successors in interest, as a part of the consideration for this Lease, does hereby covenant and agree that: (1) No person shall be subject to discrimination in connection with LESSEE'S use of the Leased Premises on the basis of age, sex, physical handicap or other disability, race, color, national origin, religion or ancestry; and, (2) LESSEE shall not discriminate against any employee or applicant for employment in connection with the Leased Premises and the leasehold estate granted hereunder with respect to hiring, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment on the basis of age, sex, physical handicap or other disability, race, color, religion, national origin or ancestry; and (3) LESSEE agrees that it facilities and programs shall, at all times, comply with the Americans with Disabilities Act (ADA), if applicable. LESSOR and LESSEE recognize that the commercial fishing docks are not a public accommodation, 0 however, LESSEE shall cause the Leased Premises to at all times comply with all applicable ADA requirements that may be in effect from time to time. K. LESSEE shall furnish LESSOR with an annual updated list of its Officers and Board of Directors. L. LESSEE shall assist the LESSOR in providing information and documentation, in a timely manner, as it relates to providing the Florida Communities Trust (FCT) with an annual report. 16. TERMINATION. A. The LESSOR may have the right to terminate this Lease upon the occurrence of any of the following, hereinafter referred to as "Event of Default": 1. Institution of proceedings in voluntary bankruptcy by the LESSEE. 2. Institution of proceedings in involuntary bankruptcy against the LESSEE if such proceedings continue for a period of ninety (90) days and are not dismissed. 3. Assignment of this Lease for the benefit of creditors. 4. Abandonment by LESSEE of the Leased Premises or discontinue of operation of the Leased Premises to the permitted uses for more than sixty (60) days. 5. Dissolution, whether voluntary or involuntary, of LESSEE'S not -for -profit corporation. 6. Default, non-performance or other noncompliance with any covenant, requirement or other provision of any nature whatsoever under this Lease. B. Upon the occurrence of an Event of Default, the LESSOR shall send a written notice to LESSEE, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event LESSEE does not cure the default to the reasonable satisfaction of the LESSOR. In no case shall the lease terminate less than thirty (30) calendar days from LESSEE'S receipt of any Default Notice. C. In the event LESSEE fails to cure the Event of Default within the time established by LESSOR this Lease shall be deemed to be terminated with no further action by the LESSOR. In no event, however, shall such termination relieve LESSEE of its obligation to pay any and all remaining rent due and owing to the LESSOR for the period up to and including the date of termination, or to provide any and all remaining reports to the LESSOR for such period. 10 D. LESSEE shall have the right, upon providing thirty (30) days prior written notice to the LESSOR in the manner set forth in this Lease, to terminate this Lease at any time for any reason. 17. INTERGRATION. The drafting, execution and delivery of this Lease by the parties has been induced by no representations, statements, warranties or agreements other than those expressed in it. This Lease contains the entire agreement between the parties and there are no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Lease cannot be changed or modified except by written instrument executed by all parties hereto. This Lease and the terms and conditions hereto apply to and are binding upon the legal representatives, successors and assigns of both parties. 18. SEVERABILITY. In any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. NOTICES. All notices required under this Lease shall be sent via certified mail as follows: LESSOR: City of Sebastian 1225 Main Street Sebastian, Florida 32958-4165 ATTN: City Manager LESSEE: Fisherman's Landing Sebastian, Inc. Post Office Box 782038 Sebastian, Florida 32978-2038 20. GOVERNING LAW/VENUE/FEES/JURY TRIAL WAIVER. This Lease shall be governed and construed in accordance with Florida law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. The parties agree that in the event of litigation, they expressly agree to waive any right to trial by jury and that the costs of such litigation shall be born by the prevailing party. 11 IN WITNESS WHEREOF, the Parties have executed the Lease on the date set forth above. ATTEST: 61anette Williams, MMC City Clerk Witnessed By (signature) .f Print Name 12 LESSOR: City of Sebastian, Florida e 6�04,� Ed Dodd Mayor APPROVED AS TO FORM AND LEGALITY J4ifer Cockcroft, IACS City Attorney LESSEE: Fisherman's Landing Sebastian, Inc. Tim Adams, President Exhibit List • Exhibit A — Articles of Incorporation, Fisherman's Landing Sebastian, Inc. • Exhibit B — Florida Communities Trust Management Plan • Exhibit C — Submerged Land Lease • Exhibit D — Survey • Exhibit E— Lessee's Parking Area • Exhibit F — Boardwalk • Exhibit G — Stan Mayfield Working Waterfront Grant Contract • Exhibit H — Declaration of Restrictive Covenants 13 Exhibit A Articles of Incorporation, Fisherman's Landing Sebastian, Inc. 14 • ��Y•t�� ��Y M.T r�r N,..�M N�N .�� ��: M '�MI• NS.tp� �� =Ffllti7ri:Cr.7���i t+Srii'i�+N hr��:c'ril�C?i i14'iF/:'1 Jf1 Y�a(i �'f e�7r ;V;41 l�: �'• .,- 4 � TIi+l11N:+1/fir, �I�+f/��n�1+et1��r�; r of r C� _ > Ervartlinnit1 I certity the attached is a true and correct copy of the Articles of Amendment, flied on November 10, 2008, to Articles of Incorporation for FISHERMAN'S LANDING SEBASTIAN, INC., a Florida corporation, as shown by the records of this office. The document number of this corporation Is N08000004478. CRZE022 (01-071 7. i i•: �: 0.�:•i 71',�:•i i7��"r� /.� �'� I:+ii � ,� ij � ic; � / ��r19.Q� 9 tCr� / ,�.•�.i Great Given oe the Stein Fwda at Tallahaaaee, the Capltot, this the Fourteenth day o1 November, 2008 I �+l�rrrtur� af�stutc +•rrMI zig + November 14, 2008 CHARLES W. SEMBLER 6946'49TH STREET VERO BEACH, FL 32967 0 Re; Document Number NDSOO0004478 The Articles of Amendment to the Articles of Incorporation for FISHERMAN'S LANDING SEBASTIAN, INC.,-& Florida corporation, were filed on November 10, 2008. The oertiflcatfon requested is enclosed. Should you have any cluestion regarding this matter, please telephone (8S0) 245-6050, the Amendment filing section. Thelma Lewis Document Specialist Supervisor Division of Corporations letter Number. 30BA00057268 P.O. BOX 6327 - ai aha$see,FFanda M14 0 Arddes of Antelldmeal to Ankles of IncorPa ratios ��� /� �Sp/ / of FI&HERMAbM LANDINSaSE� _THAN- Iti - •FiQ�r� (frame of Cornorsdam as carrendy Plied with t to Florida Dead of State) �14fl4QQQD44 7 8 0 (Dacnment Number of Coipotadon (if known) r ummt to the provisions of section 617.1006, Floilda Statutes, this Florida Not For Proft Carpuration adopts thO following Wnrndment(s) to its AilIcha of int otpo don: A. If amending name. enter the new Ism g1 jhe toraoratiM ?he new name wrtrt be dblingyishable and eontein lho word "corporation" or lncmpo med" or the abbreviodiom "Corp. "or " Inc, " "Canngnv"Pr 'CA "Haar not he mated in the name. Pi. Enter aen Drindnol Met sddMM ifif loo_y-liulft (ftre(mloffice addtMMIRT BBAMEUADl7RESS) C. Amer new fpailiat Addresy lfmRPjlCvblC (Mailing address Not fiE'A POST OFF!`E_t3DX1 _ D. If smogdine the rcblered agent aan4/ rent tered office address in Florida. Inlet the name at the n mkj!red s fent sndlor the otw rgWred oilka sddrrum, Name efl&x Afflyifleror! Ago. New Regjr red Qft Addrrss: (Florida street ad*=) Florida,` „r Ory) Op Codgl 1' ll Reelater ent! j 81tuatUM iT_c6nnaiga Registered Arent: 1 hereby accept the appoinimm as mglstered agenC ! mn farnillbr with and accept the obligariaws gjghe porlilGm. Signatyre otfNew Registered Agen4 if changing Page 1 on 0 • 0 lLmendlnt th�){iiesn andlor Dir.clon, COW the tiUUnd nanrca(each-gff%cerldireotur being removrd Md title, na 0, and addr qs of each O(ticerPtdlor Director being added-, (Attach addidonat sheers, Ifnemsery) NPR Addrtss Type oActin O Add D Remove t]' Add i, Remove ---- -- -- Ci Add — IQ Rsrnove t;. if amendipL�Lr addine additi"jil /deices enter eba "gsi here: (attach oddrtlonal.rbeels jercrasary}. f d spsc{Jic) ARTICLE Ili PURPOSE(Si The specific purposeis; for which the co,,"ration is omanized Is (are): To provide waIji ft1tro se to lioeDL& commerc ajfi%herman 4buacuE fists or _business entities for their cornmerciai harvest of marine-orcanisms or saltwater oroducts and conduc, exhibitions, demopstrations and educational venues to promote and inform the public about the economic, cultural and historic hedtage of Floridals traditional wonting waterfronts. Workinq Waterfront means (a) activities for the purpose of the commercial harvest of marine orcanisms or saltwater products br state•iiansed oornmereial fishermen, ayuaculturists, or business entities. including piers wharves, docks, or other faclUdes operated to provide watetiront'access to licensed commercial fishermen: anuaculturists- or business entitles- or (b) activities for exhibitions, demonstrations, educational venues Civic events and other purposes that promote and the rublicaboA economic., �•gLmf and history heritage of Fiorida`s tradnivnsr warkina waterfronts, Including the marketing of the seafood and aquaculture industries. Page 2 of 3 V • , Said organization Is organized exclusively for charitable, educational and scientific purposes, including, for such purposes, the making of distributions to Organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, offioers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and Distributions in furtherance of the purposes set forth In the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shalt not participate in, or intervene in (including the publishing or distributions of statements) and politiccal campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax • code. Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization of organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. • ,;kp eP3 The date of each amendtmert(s) adoption., November 1. 2008 Effeefive date if ggnucft: November 1, 2008 (no ino v thin 90 days after amend neni file dote) Adoption of Ameadwent(s) (CHSCKO IMF'. The ameadmanKs) wWwtre adopted by the members and the number of votes cast for the amendment(s) was/wert sufficient for approval. '!hers are no members or members entitled to vote on the amendmaot(s). The omendment(s) was/werc adopted by the board of directors. Dated 1/ .7 �P - (Sy the chairman or vice cWtrman of the board, pmWent or otha offtcer6if direuors have not been selected, by an incorporator --If in tho hands of a recoiver, tmtne, or othur coutt appointed fiduciary by that fiduciary) 012/AS P • /4,-- (Typed or printed aaine of person signing) (Title of person signing;) r1 L_J Page 3 of 3 -0 . BY-LAWS OF FISHERMAN'S LANDING SEBASTIAN, INC. ARTICLE I - OFFICERS The principal office of the corporation shall be at: 6945 Oh Street, City of Vero Beach, County of Indian River, State of Florida, Zip 32967. The Corporation may also have offices at such other places within or without this state at the board may from time to time determine or the business of the corporation may require. RTl LE 11—PURPOSES The purposes for which this corporation has been organized are as follows: • To provide waterfront access to licensed commercial fisherman, aquaculturists, or business entities for their commercial harvest of marine organisms or saltwater products and' conduct exhibitions, demonstrations and educational venues to promote and inform the public about the economic, cultural and historic heritage of Florida's traditional working waterfronts Working waterfront means (a) activities for the purpose of the commercial harvest of marine organisms or saltwater products 'by state -licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks or other facilities operated to provide waterfront access to licensed commercial fishermen; aquaculturists, or business entities; or (b) activities for exhibitions, demonstrations, educational venues, civic events and other purposes that promote and educate the public about the economic; cultural and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquadulture. industries. Said organization is organized exclusively for charitable, educational and scientific purposes, including for such purposes, the making of distributions to organizations that qualify as exempt organisations under Section 501 (e)(3) of the Internal Revenut Code, or corresponding section of any future federal taut code. MBL-1 • • ARTICLE ID — MEMBERSIP ] . QUALIFICATIO%1S FOR MEMBERSHIP. A. All members of the Corporation Trust be approved by the governing board B. All members must be free of any criminal record, except for minor traffic C. violations All members must agree to the intended purpose of the Corporation and dedicate themselves to accomplishing its mission. D. All members must sign the Conflict of Interest Policy as adopted by the Corporation. E. No member may be a parry to or carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal Income tax under Section 501 (c)(3) of the Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to which are deductible under section 170 (c)(2) of the Internal Revenue Code, or corresponding section df any future federal F. tax code. No member shall participate in activities deemed to be carrying on of propaganda, or ' otherwise attempting to influence legislation, or intervene in a political campaign on behalf of any candidate for public office, through this organisation, because of this organization or on its behalf. This does not preclude an member's right as a citizen of the United States and any state thereof, from participating in campaigns for public office or the legislative process as a private citizen. MBI.r2 2. MEMBERSHIP MEETINGS. I Thaj rual membership meetiptj,9.ftthe corporation shall be held on the day of each year except that if such day be a legal holiday then in that event the directors shall fix a day not more than two weeks from the date fixed by these bylaws. The seaetary shall cause to be mailed to every member in good standing at his address as it appears on the membership roll book of the corporation a notice stating the time and place of the annual meeting. Regular meetings of the corporation shall be held: 6945 40 Street, Vero Beach, Florida 32967 or any other designated place as the directors from time to time shall dictate. The presence at any membership meeting of not less than two members shall constitute a quorum and shall be necessary to conduct the business of the corporation; however, a lesser nuatber may adjourn the meeting for a.period of not more than • our weeks from the date scheduled by the bylaws and the secretary shall cause a notice of the re -scheduled date of the meeting to be sent to those members who were not present at the meeting originally called. A quorum as hereinbefore set -forth shall be required at any adjourned meeting, A membership roll showing the list of members as of the record date, certified by the secretary of the corporation, shall be. produced at any meeting of members upon the request therefore of any member who has given written notice to the corporation that such request will be made at least ten days prior to such meeting. All parsons appearing on such membership roll shall be entitled to vote at the meeting. 9..:: SPECIAL MEETINGS:: Special meetings of the corporation may be =0ed by the directors. The secretary shall cause a notice of such meeting to be mailed to all members at their addresses as they appear in the membership roll book at least ten days but not more than fifty days before the scheduled date of such meeting. Such notice shall state the date, time, place and purpose of the meeting and by whom called. MBL•3 • No other business but that specified in the notice may be transacted at such special meeting without the unanimous consent of all present at such meeting. 4. FIXING RECORD DATE For the purpose of determining the members entitled to notice of or to vote at any meeting of members or any adjournment thereof, or to express consent to or dissent from any proposal without a meeting, or for the purpose of determining the members entitled to receive any distribution or any allotment of any rights, or for the purpose of any other action, the board shall fix, in advance, a date as the record date for any such determination of members. Such date shall not be more than fifty nor less than ten days before any such meeting, nor more than fifty days prior to any other action. 5. ACTION BY MEMBERS WITHOUT MEETING. Whenever members are required or permitted to take any action by vote, such action may be taken without a meeting by written consent, setting forth the action so taken, signed by all the members entitled to vote thereon. 6. PROXIES. Every member entitled to vote at a meeting of members or to express consent or dissent without a meeting may authorize another person or persons to act for him by proxy. Every proxy must be signed by the member or his attorney in- fact. No proxy shall- be valid after the expiration of eleven months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the member executing it, except as otherwise provided by law. 7. ORDER OF BUSINESS. The order of business at all meetings of members shall be as follows: 8. 1. Roll call -• 2. Reading of the minutes of the preceding meeting 3. Reports of committees 4. Reports of officers 5. Old and unfinished business 6. New business 7. Good and welfare 8. Adjournments MEMBERSHIP DUES. MBL-4 ARTICLE IV — DIRECTORS 1 9 1. MANAGEMENT OF THE CORPORATION. The corporation shall be managed by the board of directors which shall consist of not less than three directors. Each director shall be at least nineteen years of age. • 2. ELECTION AND TERM OF DIRECTORS. At each annual meeting of members the membership shall elect directors to hold office until the next annual meeting.' Each director shall hold office until the expiration of the term for which he was elected and until his successor has been elected and shall have qualified, or until is prior resignation or removal. 3. INCREASE OR DECREASE IN NUMBER OF DIRECTORS. The number of directors may be Increased or decreased by vote of the members or by a vote of a majority of all of the directors. No decrease in number of directors shall shorten the term of any incumbent director. 4. NEWLY CREATED DIRECTORSHIPS AND VACANCIES. Newly created directorships resulting from an increase in the number of directors and vacancies occurring in the board for any reason except the • removal of directors without cause may be filled by a vote of a majority of the directors then in office, although less than a quorum exists, unless otherwise provided in the certificate of incorporation. Vacancies occurring by reason of the removal of directors without cause shall be filled by vote of the members. A director elected to. fill a vacancy caused by resignation, death or removal shall be elected to hold office for the unexpired term of his predecessor. 5. REMOVAL OF DIRECTORS. Any of all of the directors may be removed for cause by vote of the members or by action of the board. Directors may be -removed without cause only by vote of the members. 6. "' RESIGNATION. A director may resign at any time by giving written notice to the board, the president or the secretary of the corporation. Unless otherwise specified in the notice, the resignation shall take receipt thereof by the board or such officer, and the acceptance of the resignation shall not be necessary to make it effective. - _ - --- MBL-5 QUORUM OF DIRECTORS. Unless otherwise provided in the certificate of incorporation. a majority of the entire board shall constitute a quorum for the transaction of business or of any specified item of business. 9. ACrION OF THE BOARD. Unless otherwise required by law, the vote of a majority of the directors present at the time of the vote, if a quorum is present at such time, shall be the act of the board. Each director present shall have one vote. 9. PLACE AND THE OF BOARD MEETINGS. The board may hold its meetings at the office of the corporation or at such other places, either within or without the state. as it may from time to time determine. 10. REGULAR ANNUAL MEETING. A regular annual meeting of the board shall be held immediately following the •annual meeting of the members at the place of such annual meeting of members. 11. NOTICE OF MEETINGS OF THE BOARD. ADIOURNMENM Regular meetings of the board may be held without notice at such time • and place as it shall from time to time determine. Special meetings ofthe board shall be held upon notice to the directors and may be called by the president upon three days' notice to each director either personally or by mail or by wire; special meetings shall be called by the president or by the secretary in a like manner on written request of two directors. Notice of a meeting need not be given to any director who submits a waiver of notice whether before or after the meeting or who attends the rrteetang without protesting prior thereto or at its commencement, the lack o6o6ce-to him. A majority of the directors present, whether or not a quorum. is present, may adjourn any nteeting to another time and place. Notice of the adjoununent shall be given all directors who were absent at the time of the adjournment and, unless such time and place are announced 7. at the meeting, to the other directors. 12. CHAIRMAN. At all meetings of the board the president, or in his absence, a chairman chosen by the board shall preside. M13Ir6 0 13. EXECUTIVE AND OTHER COMMITTEES. • The board, by resolution adopted by a majority of the entire board, may designate from among its members an executive committee and other committees, each consisting of three or more directors. Each such committee shall save at the pleasure of the board. ARTICLE V — OFFICERS 1. OFFICES, ELECTION, TERM. Unless otherwise provided for in the certificate of incorporation, the board may elect or appoint a president, one or more vice-presidents, a secretary and a treasurer, and such other officers as it may determine, who shall have such duties, powers and functions as hcminafter provided. All officers shall be elected or appointed to hold office until the meeting of the Board following the annual meeting of members. Each officer shall hold office for the term for which he/she is elected or appointed and until his successor has been elected or appointed and qualified. 2. REUOVA4 RESIGNATION, SALARY. Any officer elected or appointed by the board may be removed by the Board with or without cause. In the event of the death, resignation or removal *fan officer, the board -in its discretion may elector appoint a successor to fill . the unexpired term. Any two or.more offices may be held by the same person, except the offices of president and secretary. The salaries of all officers shall be fixed by the board. I3. PRESIDENT. The president shall be the chief executive officer of the corporation; he/she shall preside at all meetings of the members and of the board; he/shc : shall have the general management of the affairs of the corporatidn and shall see'that all orders and resolutions of the board are carried into effect 4. VIMPRESI'DENfS. During the abserice or disability of the president, the vice-president, or if there are more than one, ,the executive vice-president, shall have all the powers and functions oi'the president. Each vice-president shall perform such other duties as the board.shall prescribe. S. . TREASURER. The treasurer shall have the care and custody of all the funds and securities of the corporation, and shall deposit said funds in the name of the corporation in such bank or trust company as the directors may elect, he/she shall, when duty authorized by the board of directors, sign and execute aU contracts in the name of the corporation, when countersigned by the MB1,7 0 president; he/she shall also sign all checks, drafts, notes, and orders for the payment of money, which shall be duly authorized by the board of directors and shall be countersigned by the president; he/she shall at all reasonable times exhibit his/her books and accounts to any director or member of the corporation upon -application at the office of the corporation during ordinary business hours. At the end of each corporate year, he/she shall have an audit of the accounts of the corporation made by a committee appointed by the president, and shall present such audit in writing at the annual meeting of the members, at which time he/she shall also present an annual report setting forth in full the financial conditions of the corporations. 6. ASSISTANT TREASURER During the absence or disability of the treasurer, the assistant• treasurer, or if there are more than one, the one so designated by the secretary or by the board, shall have the powers and functions of the treasurer. SECRETARY. The secretary shall keep the minutes of the board of directors and also the minutes of the members" He/she shall have the custody of the seal of the corporation and shall affix and attest the same to documents when duly authorized by the board of directors. He/she shall attend to the giving and serving of all notices of the corporation, and shall have charge of such books and papers as the board of directors may direct; he/she shall attend to such correspondence as may be assigned to him/her, and perform all the duties incidental to his/her office. He/she shall keep a membership roll containing the names, alphabetically arranged, of all persons who are members of the corporation, showing their places of residence and the time.when they became members. 8. ASSISTANT -SECRETARIES. During the absence or disability of the secretary, the assistant -secretary, or if there are more than one, the one so designated by the-sceretary or by the board, shall have all the powers and functions of the secretary. 9. SURETIES AND BONDS. In case the board shall so require, any officer or agent iif the corporation shall execdte.to the corporation a bond in such sum and with sneh surety or sureties as the board may direct, conditioned upon the faithful performance of his/her duties to the corporation and including responsibility for negligence and for the accounting for all property, funds or securities of the corporation which may come into his/her hands. • • ARTICLE VI — SEAL The seal of the corporation shall be as follows: ARTICLE VU— CONSTRUCTION If there be any conflict between ththe provisions oTthe and Uwe by, the provisions of the certificate of into certificate of Inc orporation rporatiott shall govern. ARTICLE VUI _ AMENDMMTS theThe by-laws may be adopted, amended br repealed m arse entitled to vote in the election of directors. B by t members the time amarded or repealed b the y=laws may also be adopted, repealed the Y board of directors but arty by-law adopted, amended or bow may be amended by the members entitled to vote thereon as hereinbefore pm'ti'ided if any bylaw regulating' or reempealebers for d by the ethe lebo an impending election of directors is adopted, amended m ardction o, thenf shall be set forth in the notice of the next meeting of directors the by law so adopted, amended, or repealed, together with a concise statement of the changes made, MBL�9 INTERNAL REVENUE S€RVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: MAR 2 6 2009 i FISHERMANS LANDING SEBASTIAN INC C/O CHARLES W._ SEMBLER. II 6945 49TH ST VERO BEACH. FL 32967 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Neer: 26-3167943 OLN: 17053242319018 Contact Person: BRENDA. WILKINS ID# 52638 Contact -Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b)(1)(A)tvi) Form 990 Required: Iles Effective Date of Exemption: May 6. 2008 Contribution Deductibility: Yes Addendua Applies: No We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests. devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. organizations ex I t under section 501(c)(3) of the Code are further classified as either Rublicrities or private foundations. We determined that you are a public charity under the Code sectionr(s) listed in the heading of this -letter. Please see enclosed Publication 4221-PC. Compliance Guide for 501(c)(3) Public I Charities, for some helpful information about your responsibilities as an exempt organization. 0 Letter 947 (DO/CG) FISHERMANS LANDING SEDASTIAM INC • Enclosures; Publication 4221-pC • -Z- Sincerely, Robert Choi Director. ExmPt Organizations Rulings and Agrees Letter 947 (DO/CG) COVER LETTER • TO: Amendment Section Division of Corporations NAME OF comttATION: Fisherman's Landing Sebastian, Inc. DOCUMENT NUMBER: NOGOO0004478 The enclosed Arddita ojAnedtneot and fe are submitted for filing. Please realm all ,,,, . Bence eonooming this matter to the following: Timothy Adams (Name of Contact person) Fisherman's Lauding Sebastian, Inc. (FindCompany) 6945 49th Street (Address) Vero Beach, FL 32967 (City/ State and Zip Code) BsemblerQacl.com irtilai1 aatinjss: tto tw used for future aimum report nohtication) For further information concerning this matter, please call: Beth Sembler at ( 772 1 473-1577 (Name ofContact person) (Area Code & Daytime Telephone Number) Enclosed is a check for the following amount made payable to the Florida Department of State: ❑ $35 Piling Fee ❑ $43.75 Filing Fee & ❑ S43.75 Filing Fee & Q $52.50 Filing Fee Certificate of Status Certified Copy Certificate of Status (Additional copy is Certified Copy enclosed) (Additional Copy is enclosed) Mallt g Address Street Address Amendment Section Amendment lion Division of Corporadons Division of Corporations P.O. Box 6327 Cilttan Building Talla ossm FL 32314 2661 Executive Center Circle • Tallahassee, FL 32301 Articles of Amendmentf • to AP/p�+ Artleles of Incorporation Of fq/zgl1fil' A� (Name pSCoEpRoratloo'aScaArreutDly rites wlthNG Bt a 1"iorld�e Yuen of sterel y SsZEA� 5z rt N0800000"78 (Document Number of Corporation (if known) Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not For Profit Corpo allow adopts the following amendments) to its Articles of Incorporation: A. If amendine name. enter the new name of the corporation: The new name must be distinguishable and contain the word "corporation" or "incorporated" or the abbreviation "Corp. " or " Inc, " "Company" or'Co."mav Rol ire used Iw the name. S. Enter new orincipal office address. If anpitcable: (Principal ejj7m addras MUST BE STREET ADDRESS) • C. Enter new malting address. if aoptl-ble: (Mailing address MAY BE AposT fFiCE oom D. If amending the registered agent and/or registered oflln address In Florida -inter the RaM of the sew registered aeeat and/or the new registered efte address: New Registered Office Address: (Florida street address) Florida (City) (Zip Code) New Registered Agent's Si mature. If changing Reghtered A ent: I hereby accept the appointment as registered agent, I am 7amiliar with and accept the obligations of the position. Signature of New Registered Agent, fthanging Page 1 of 3 I 1 ' If amendinjLthe Officers and/or Directors. eater the title gad acme of each ofCu�er/dire�etor being Impigni d title. name. and address of each Officer and/or Director being added: (Attach additional sheets, y7necenary) Ma 3M Add= Lu o Aeon PresiChades W. Sembler W454M ShM ❑ Add Vane Seadh, FI 32987 m Remove Pies Tlmothy Adams M Stoo® Add SQhMNM ft ❑ Remove ❑ Add ❑ Remove L If amending or adding addidogan Adicle& enter chaagetsl here; (attach additional sheets, tfueeessary). Me specific) Page 2 of3 The dale of eseh ameadment(s) adoption: 9-W2011 • Effective date !f odicble: 9-30 2011 (date ofadopih?aR Is m4Wr V (no more than 90 4bjw qIs' anrerAnent file dale) Adoption of Amendmest(s) (.GIWX OM ❑ The amen iment(s) was/were adopted by the members and the number of votes cast for the amendment(s) was/were sufficient for approval. a Thane are no members or merrtbera entitled to vote on the amendnxnt(s). no ancredment(s) washvem adopted by the board of directors. Dated 10-14-2011 Signature 04<�� (By the chairman or vice chaitmaa of the board, president or other officer -If directors have not been selected, by an incorporator — if in the hands or a receiver, trustee, or other court appointed fiduciary by that fiduciary) Timothy Adorns (Typed or printed name of person signing) • President ("title of person signing) Page 3 of 3 E COVER LETTER TO: Amendment Section Division of Corporations SUBJECT: Fisherman's Landing Sebastian, Inc. (Name of Corporation) DOCUMENT NUMBER: N08000004478 The enclosed Officer/Director Resignation for a Corporation and fee are submitted for filing. Please return all correspondence concerning this matter to the following: Timothy Adams (Name of Person) ' Fisherman's Landing Sebastian (Name of Firm/Company) 6946 49th Street • i Address) Vero Beach, FL 32967 (City/State and Zip Code) For further information concerning this matter, please call: Timothy Adams at i 772 473-6680 (Name ofPerson) (Area Code & Daytime Telephone Number) Enclosed is a check for $35.00 made payable to the Florida Department of State. Street Address: MaLling Addi Amendment Section Amendment 'on Division of Corporations Division of Corporations Clifton Building Post Office Box 6327 2661 Executive Center Circle Tallahassee, FL 32314 Tallahassee, FL 32301 • cs2ooaetauas� 0 • ' •' OFFICER/FOR ADIRECTOR C RI'O1tATION ATiON?p��6tr rA�lA�r�R'8 1, Charles W. Sembler herby resign President -�,r. (Tittle) of Fisherman's Landing Sebastian, Inc. (Name of Corporation) N09000004478 , a corporation organized under the laws of the State of (Docxn m Number. lfluwwn) Florida • (Sigtuuurc of resigning ofirceddirector) FILING FEE IS S3&00 Make checks payable to Florida Department of State and mail to: Amwdrnent Section Division 91`0) orations P.O. Box 6327 T41W=See, Florida 32314 0 • CRYOF aw- - HOME OF PELICAN ISLAND CITY OF SEBASTIAN WORKING WATERFRONT COLLABORATIVE MANAGEMENT PLAN STAN MAYFIELD WORKING WATERFRONT PROGRAM 08-0034 '1 June 2010 Updated August 2012 2"d Update April 2013 Exhibit B -- Florida Communities Trust Management Plan 0 TABLE OF CONTENTS Executive Summary 3 Section I — h3troduction 4 1540 Indian River Drive — Showcasing Sebastian's Fishing heritage 4 1532 Indian River Drive — The Real Working Waterfront 5 Other Aspecte 6 Section II - Purpose 6 Supporting the Concepts of the Stan Mayfield Grant 6 Proposed Working Waterfront Facility Uses 7 Historic Preservation, While Supporting the Florida Commercial Fisherman B Sebastian!a CRA — Supporting the Local Economy by "Priming the Pump" 8 Creating a Destination 9 Management Objectives for the Site 9 Sebastian's Comprehensive Plan 9 Potential Conflicts with Adjacent Activities 10 Section III - Site Devetooment and Improvement 11 FCT Acknowledgement 11 Existing Physical Conditions —15Q & 1532 Indian River Drive 11 Stormwater Facilities 12 Landscaping 13 Water Quality Protection 16 Building Requirements 16 Archeological and Historical Resources 16 Permits 16 Easements 17 Educational Signs and Displays, Museum 17 Section IV - Business Activities 18 Fadsting Business Activities 18 Proposed Business Activities 18 Description of Primary Activities to Occur at Site 19 Operational Acknowledgement 22 Current and Future Demand for the Facilities and Activities 22 Section V— Concession and Leases 22 RentstRoyalties Collected at the Site 22 Identify Existing Concessions and Leases 22 Submerged Lands Lease and Deed for the E)dsting Facilities 23 Section VI — Manaaement Needs 23 Management 23 Maintenance 23 Security 24 Staffing 24 Scc[ion VII —Cost Estimates and Fundlna Sources 24 Structure and Improvement 24 Maintenance 25 Security 25 Staffing 25 Funding Sources 25 Section Vill — Schedule 26 Priority Timeline Section IX — Monitorina and Reporting 26 26 Section X — List of Attachments 27 2 EXECUTIVE SUN.PAARY The coastal area located adjacent to the Indian River Lagoon was first fished by the Ais Indians for subsistence and recreation. Fishing would ultimately become the area's mainstay. By 1884 the town, originally called Newhaven, would not only be transformed by changing its name to Sebastian, but, mechanical inventions would also play a large role in establishing the community as a small, yet important fishing village. It can be argued that the most effective economic stimulus to occur in Florida was the development of Henry Flagler's Florida East Coast Railroad, which connected the region to the Northeastern United States. Combined with the invention of the ice machine, it became possible to transport highly perishable products, like seafood, over long rail distances. Thus, Sebastian's economy and fishing identity was born. In its heyday, Sebastian was home to nineteen fish houses. Today there are very few remnants of the fishing industry, although Sebastian is still home to many of the original fishing families. Hurricanes, regulation, net bans, foreign competition, pollution and development have all played a role In the decline of Florida commercial fishing. With financial assistance from the Stan Mayfield Working Waterfront Program, Sebastian is poised for a fishing industry stimulus and aims to host another first for the State of 1=lonua — managing the most successful working waterfront community. Sebastian has the characteristics that make it a perfect match for this program. For example, thanks to the vision of Paul Kroegel and the federal government, the City is within eyesight of Pelican Island, the nation's first wildlife preserve. Sebastian's waterfront is also part of the Indian River Lagoon national estuary and only a moments boat ride to the Sebastian Inlet — offering easy, quick access to the Atlantic Ocean. Meanwhilefinfish is maki , ng a comeback and the growing viable aquaculture market — the production of clams and other marine organisms — is successfully operating in Sebastian. With the Indian River Lagoon's abundant natural resources, various fish and shellfish populations, deep water access, several free boat ramps, fishing piers and a cultural • heritage rich with commercial fishing industry, Sebastian is positioned to regain its prominence as a world class fishing village. SECTION I. INTRODUCTION The Sebastian Waterfront Collaborative Grant Proposal represents a public/private joint effort. All levels of government (City, County, State) will be working with local business and Fisherman's Landing Sebastian, Inc. (FLS), a non-profit organization, to (1) rejuvenate the commercial fishing industry; and, (2) provide a destination in Sebastian for waterfront and fishing enthusiasts. The vision of the Waterfront Collaborative is to link together several key parcels on the Indian River Lagoon in an effort to educate the public about Sebastian's commercial fishing heritage and stimulate the commercial fishing industry through the development of a retaillwholesale seafood marketleatery, renovated fish house, exhibitions, demonstrations, educational venues and civic events. The sites will help create a destination for promoting one of Florida's primary and historic economic industries — fishing. With this concept, the City not only meets the goals of the Stan Mayfield Working Waterfront Program but also supports economic redevelopment efforts within the Sebastian Community Redevelopment Agency (CRA) District. The location of the Sebastian Waterfront Collaborative will be 1540 and 1532 Indian River Drive. Currently, the Hurricane Harbor site, located at 1540 Indian River Drive, is vacant and has been for several years. The second parcel for the project will be at 1532 Indian River Drive, at what is locally known as the Dabrowski Offshore Marina. The marina is currently utilized by commercial fishermen and aquaculturists. By using CRA funds to mate the Florida Communities Trust's Stan Mayfield Working Waterfront Program (FCT/SMWWP) grant funds, the City has the opportunity to use redevelopment funds for its primary purpose — generating new tax base, and bolstering the local economy through retail, food, beverage and hotel/motel sales and, most importantly, job creation. Both properties are underutilized, located within commercial districts that support working waterfront uses and have approved site plans. Starting with the northernmost parcel, the collaborative envisions using the Hurricane Harbor facility (1540 Indian River Drive) as a destination point for a museum, fish marketleatery and assembly area for demonstrations and educational events. The Dabrowski property (1532 Indian River ' Drive) will serve as the backbone of the "working waterfront" — the actual commercial fishing dock. 1640 Indian River Drive - Showcasing Sebastian's Fishing Heritage The 1540 Indian River Drive site is comprised of 5 parcels totaling 2.29 acres. This facility is immediately north and adjacent to the Dabrowski Offshore Marina. Hurricane Harbor is listed on the state registry of historic places and has been everything from an automotive garage to an oyster packing facility. The structure is probably most infamously known for liquor smuggling "rum running" from the Caribbean into the United States during the Prohibition years from 1919 to 1933. The owner and entrepreneur, 4 • Bob McCain, was later arrested and imprisoned by the federal government. Hence, it is part of the City's vision to keep the history of the building alive by using its nistic charm to showcase Sebastian's Commercial fishing heritage. Inside, the building will include artifacts and exhibits of Sebastian's fishing heritage with a focus on how environmental stewardship can assist and augment the commercial fishing industry. The City is seeking other partnerships with local historic societies, the environmental learning center and with the Department of Agricultural/Consumer Services in order to fund and operate a fishing heritage museum. The facility will also host demonstrations and educational events aimed at enriching visitors with information about commercial fishing or teaching commercial fishing trades. Illustrative examples of educational programming include demonstrating how to dean fish, how to craft crab traps, recipe/cooking forums and historic lectures from local fishing families. The other major component of the Hurricane Harbor will be a fish marketteatery, where visitors will have the ability to taste for themselves some of Sebastian's "Tastiest Catch" in a limited food service menu. The City solicited proposals from qualified vendors and will utilize a portion of Hurricane Harbor to be run as a retail fish market -arid eatery. The fish market portion of the operation will offers broad variety of Florida seafood, daily catch specials, recipes, and provide a focus on locally produced seafood and aquaculture. The fish eatery will be a limited food service, snack bar, counter service concept. Limited food service means foods such as steamed clams, clam strips, fish sandwich, soups or the "catch of the day" prepared to go or casual dine4n service (no • table waiting staff). The eatery seeks a rustic ambiance that links visitors with the fish market, working waterfront experience, and cultural history of days gone by. 1532 Indian River Drive — The Real Working Waterfront This parcel shall serve as a true working waterfront; offering a commercial marina for the dockage of commercial vessels, location of a working fish house, providing an ice house, housing aquaculture operations and linking the properties together with water- side docks. The Dabrowski Offshore Marina site provides one of the few deep water commercial docks still in existence with a running aquaculture venture. The fish house was destroyed in the 2004 hurricane season but has potential for being rebuilt. Through the existing partnership with Fisherman's Landing Sebastian, Inc. (FLS), a vendor for the provision of ice will be sought. It is anticipated that 40,000 — 60,000 pounds of ice will be produced each day. The facility would be built into the south side of the facility where it is accessible to the fisherman. While the fisherman will probably use a "bobcat" or a forklift type of machinery to move vats of ice — it may be possible to reinstall the old rail tracks and use carts to move the ice between the depot and the dock. • Also planned for this facility is a "wet exhibits area offering "hands-on clams." The actual location may be shared between locations or as part of the Dabrowski Offshore 5 Marina parcel (exact location not yet finalized). This entails a display area with raceways where visitors will be encouraged to reach in to see and touch clams in various stages of development. Other Aspects Both parcels (1532 and 1540 Indian River Drive) are within the City's Community Redevelopment Agency (CRA) district, are adjacent to the Indian River Lagoon, an aquatic preserve and part of the national estuary. The City acknowledges that the project site(s) will be developed in accordance with the Declaration of Restrictive Covenants. These two parcels complete the Waterfront Collaborative project and there are currently no plans for future acquisitions. Adjacent and to the south of the Dabrowski Offshore Marina parcel is the Sembler parcel that also contains a working dock and has an approved site plan for a Fisherman's Chapel on the east side and restaurant/retail on the west side of Indian River Drive. Also in proximity, the City owns the Main Street boat ramp located approximately one half mile to the south as well as several other passive park riverfront parcels (including the Yacht Club Boat Ramp and Riverview Park). Both boat ramps currently offer parking and are operated year round, free of charge. These sites are shown on Attachment 1. SECTION II. PURPOSE A All parcels will be managed in accordance with Florida Statutes as a working waterfront. This section of the Management Plan will describe the primary propose of the Waterfront Collaborative, how it matches the intent of the Stan Mayfield Grant and how it will function as a community redevelopment district tool. w Supporting the Concepts of the Stan Mayfield Grant The Stan Mayfield Working Waterfront Grant Program has two components. Those being in support of: (a) A parcel or parcels of land directly used for the purposes of the commercial harvest of marine organisms or saltwater products by state -licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks, or other facilities operated to provide waterfront access to licensed commercial fishermen, aquaculturists, or business entities; or (b) A parcel or parcels of land used for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. 1.1 The Waterfront Collaborative will address both concepts by using the Dabrowski • Offshore Marina facility for the activities listed in part "a" and the Hurricane Harbor facility for the activities listed in part "b". Proposed Working Waterfront Facility Uses The specific operational activities will be fully described in Section IV - Business Activities of the Management Plan. In a summarized format, below are operational concepts to be considered at the waterfront facilities: ➢ Retail Fish Market and Eatery - Promotion of the Florida seafood industry by offering seafood, aquacuku.re and limited food service at the 1540 Indian River Drive location. ➢ Museum — Interactive and static displays showing Sebastian's fishing heritage at the 1540 Indian River Drive location. ➢ Assembly Area — The 1540 Indian River Drive facility will also host community meeting areas for various educational and cooking seminars. ➢ Special Events — Fundraising activities that augment capital and recurring expenses that are required to directly benefit Florida commercial fishing operations. ➢ Interpretive Kiosks — Interactive signage throughout the working waterfront. ➢ Touch Pools - "Wet" Exhibits displaying clam raceways, showing clams from seedling size to various stages of development. ➢ Ice Depot — Provision of ice for commercial fishing. • ➢ Smoke House — On site retro-style seafood cooking facility. ➢ Dock— Commercial dockage available for lease to commercial fisherman. ➢ Fish House — Rebuild the historic "above water" fish house structure. ➢ "Retro" Rail System — Install railroad and push car system for the transport of materials and product throughout the facilities. ➢ Boardwalk - Expansion of the docks from the Sembler property through the Dabrowski site and to Hurricane Harbor. ➢ Aquaculture — Operation of dam cultivation chambers and other marine organisms for commercial and educational purposes. ➢ Micro Business Incubator — As space is available, making small leases available to businesses that have a direct link/benefit to Florida commercial fishing. Due to the configuration of the facilities the above activities shall roughly be developed for operation between the sites as follows ➢ Dabrowski Offshore Marina — Commercial fishing dockage; restored fish house with viewing area to see fish packaging/shipping caught by Sebastian's fishing families; aquaculture operations; equaculture "touch" exhibits; linear decks connecting facilities, benches provide seating to enjoy the river view along the decks; and, an ice house. • ➢ Hurricane Harbor — Retail fish market/eatery; museum/educational venue with interactive displays; and, other micro businesses that support commercial fishing. V� • The City acknowledges that any proposed modification of the Management Plan and/or undertaking any site alterations or physical improvements that are not addressed in the Recipient's approved Management Plan will require prior FCT review and approval. Historic Preservation, While Supporting the Florida Commercial Fisherman Both sites (1540 and 1532 Indian River Drive) seek to preserve the history and future of commercial fishing in Sebastian. By acquiring one of the few commercial marinas still in existence on the Florida Treasure Coast, the City will have the ability to ensure that commercial fishermen have a facility for their boats and a place to unload their catch. The program provides the funding necessary to help foster and nurture a maritime renaissance that will further protect and continue the historic commercial fishing industry. To achieve this goal, the City will develop partnerships for site management and development. Sebastian's Ci'ZA — Supporting the Local Economy by "Priming the Pump" Once the purchase and redevelopment of the Hurricane Harbor and Dabrowski sites are complete, a significant destination point for residents and visitors will have been created. This asset, located in the Sebastian Redevelopment Agency (CRA) district will generate public and private revenue from visitors and residents, who come to see, learn • and explore our commercial fishing ecological and historical roots. In order to justify this statement, the following data is provided. Cultural and heritage tourism is one of the fastest growing segments of the travel industry. By exploring the historic exhibits visitors develop a sense of place and kinship. According to research conducted by the Travel Industry Association, "81 % of U.S. adults who took at least one trip of 50 miles or more, one way, away from home in the past year included at least one such activity or event while traveling." In addition, the research indicated that four in ten historic/cultural trips were taken by baby boomers. One third of the trips were generated by households with children. Visitors will spend their discretionary funds on hotel rooms, restaurants, shopping and gas; thereby, generating revenue through the bed tax, sales tax and gas tax. Additionally, by creating this destination point on the waterfront, in conjunction with other projects, private business enterprise will be encouraged to reinvest along the riverfront. The State estimates that historic tourism is the third leading generator of tourism dollars in Florida. By marketing its historic value, Sebastian's Waterfront Collaborative will tap into the historic tourism market in order to help stimulate the local economy. The State, through the Cultural Council, estimates that a "day-tripper" spends anywhere from $71-$77 per person per day. Day trippers are visitors to the area that may come for an event (i.e. a festival) or simply come to dine at a local restaurant. If an overnight stay is included this figure becomes $135-$156 per person per day. 8 • Newer figures from 2008 Florida Visitor's Association (VISIT FLORIDA) indicate the demographics of people visiting the central east Florida region (.e. Brevard and Indian River Counties) are reflective of the target market for visiting the Sebastian Working Waterfront: ➢ Mostly couples (45%) in 2008. ➢ 40% of visitors had household incomes of over $100,000. ➢ Average expenditures per person per day are $106. ➢ Beach and waterfront activities were the most commonly reported activity ➢ Visitors come for leisure purposes. ➢ This region has the second highest average length of stay at 5.7 nights. ➢ Almost half (48%) of adult travelers were in the 35-54 age range, the largest of all eight regions; 40% of adult travelers to the region were 55+ years old. Additionally, Visit Florida estimates that there were over 600,000 visitors to the national estuary - the Indian River Lagoon - and that equated into a 15% increase from the previous year. Creating a Destination A desired outcome of the project is to advertise Sebastian as a place were visitors and • commercial fishermen alike will find "the tastiest catch". Part of the collaborative plan is to have the Hurricane Harbor and Dabrowski properties work in conjunction to draw people in and showcase Sebastian's fishing heritage. It will become a destination primarily for day trippers and "stay -cations" for Florida residents. Management Objectives for the Site: Management objectives for the Waterfront Collaborative shall be: 1) Protect and promote commercial fishing by providing dockage for licensed commercial fishing vessels. 2) Protect commercial fishing by providing an area for the packing/shipping of freshly caught seafood and aquaculture products. 3) Rebuild the historic fish house which will once again serve the area with seafood/aquacukure unloading and packing facilities. 4) Provide information to day trippers, residents and local school districts (via field trips) on the history of Sebastian's working waterfront. 5) Showcase local seafood at the fish market/eatery. Sebastian's Comprehensive Plan The City's Comprehensive Plan supports the working waterfronts program and the • proposed uses in a variety of ways. One of the primary goals in the comprehensive 9 • plan is to protect the "historic fishing village" of Sebastian by preserving waterfront type businesses associated with commercial fishing. The Future Land Use (FLU) and Land Use designations assigned to 1540 and 1532 Indian River Drive are both Riverfront Mixed Use (RMU), as shown on Attachment 2. The RMU designation supports the working waterfront and commercial fishing uses. Further this use designation promotes and preserves Sebastian's "Old Florida Fishing Village" heritage. Illustrative uses allowed in RMU include wet or dry storage of boats, boat sales or rental, bait and tackle shops, fish markets/packing houses, restaurant and accessory uses for the fishing industry. Therefore, no change to the FLU is anticipated. The zoning currently in place is Commercial Waterfront Residential (CWR). The CWR zoning allows and promotes all uses proposed at the sites. Also note, that the proposed site is a mixed use district designed to further the goals of a working waterfront and a preservation of Sebastian's "Old Florida Fishing Village" heritage. Illustrative uses allowed include wet or dry storage of boats, boat sales or rental, bait and tackle shops, fish markets/packing houses and accessory uses for the fishing industry. Thereth a no change to the zoning is required. Further, there are several policy statements in the City's Comprehensive Plan that support the working waterfront: D Policy 1-1.2.3 - Protect Heritage Industries including citrus and aquaculturs. > Policv 1-1.7.2 - The City shall support the acquisition of natural areas or open space through publicly funded programs, including the acquisition and development of facilities that promote and educate the public about the economic, cultural and historic heritage of the City. Policy 1-2.9.6 - Preserving Riverhnnt Access as a treasure to be enjoyed by all citizens of Sebastian. The City shall continue to develop programs and identify funding sources to acquire access to the river The acquisition and development of the site will provide additional access to the water, provide educational opportunities regarding commercial fishing in the area and enhance the aquaculture industry. Potential Conflicts with Adjacent Activities The parcels are located within the City of Sebastian Community Redevelopment Area. The land uses for the project site and the surrounding land is Riverfront Mixed Use. To the south of the property are existing commercial activities including an existing • commercial docking facility, restaurants and the Mel Fisher Museum. To the north of 10 • the site are restaurants and motels. The development of the site as a commercial working waterfront described is consistent with the existing mixed use activities. There may be some concerns with the more "gritty' nature of a working waterfront activity. The City will address this potential issue by making sure litter and trash is cleaned up daily and appropriate vegetative buffering is provided around the commercial seafood trucks and trailers. All commercial fishing and aquacufture gear will be appropriately stored and, if needed, a privacy fence will be constructed around any outdoor storage area. SECTION Ill. SITE DEVELOPMENT AND IMPROVEMENT The project has a number of existing facilities that can accommodate the proposed activities envisioned for the site. Most of the facilities need restoration, rebuilding or repair. FCT Acknowledgement In order to recognize the largest partner in the project, the City will construct and install at least one acknowledgment sign identifying the Project Site being purchased with funds from "The Stan Mayfield Working Waterfront Grant Program — Funded Through the Florida Communities Trust°, The sign shall be at least 3'x 4' in size and include the FCT logo and the year the site was acquired. The sign shall be located in an area isvisible to any visitor on the site. The City will ensure that the project site is identified in all literature and advertising as acquired with funds from the "The Stan Mayfield Working Waterfront Grant Program — Funded Through the Florida Communities Trust" and operates as a Working Waterfront. Existing Physical Conditions —1540 & 1532 Indian River Drive The Hurricane Harbor (1540 Indian River Drive) site is 2.29 acres composed of five parcels. The building is approximately 6,530 sq. feet, formerly a restaurant with bar. In addition, there are 2,674 sq. feet of deck/tiki bar/outdoor area. Specifically, the site includes an existing building that has been a restaurant. Currently, the building is currently. There is an outside deck, tiki bar, and dock facility. There is a parking area more fully described in the next paragraph. There is outdoor storage on the north side available for fishing gear. The dock at the site is approximately 165' long x 6.5' wide. There are two parking lots at the Hurricane Harbor facility. They are on both east and west sides of Indian River Drive. The parking area is very large and could potentially accommodate future expansion for building facilities or additional parking. Paved handicap parking is available on the east side of Indian River Drive (north of the building). On the west side of Indian River Drive there are 105 parking spaces, 11 • including 4 handicapped accessible parking spaces. Parking is primarily situated for cars. The west parking is currently an unpaved, gravel lot with concrete parking stop delineators. At this time there are no plans to pave the parking lot. The southern portion of the west parking will be set aside to accommodate working waterfront operations for boat trailers and larger commercial vehicles involved in the fishing and aquaculture activities to be located at 1532 Indian River Drive. • There is currently one stamped pedestrian crosswalk connecting the parking lot to Hurricane Harbor. The City will install an additional stamped crosswalk area with pedestrian crossing sign to more easily identify the parking with the visitor amenities. A bike rack will be installed at the Hurricane Harbor parcel, to encourage multi -modal transportation uses along the riverfront. Because the Hurricane Harbor site has been vacant for at least two years, it is in need of some repair. Primary repair activities include roof repair, remove derelict kitchen equipment; upgrade refrigeration; minor structural repair; ADA accommodations; other rustic ambiance enhancements; painting; air conditioning; and, landscaping. The repair and operational activities will be further described in Section IV — Business Activities, The Dabrowski/Offshore Marina (1532 Indian River Drive) site is .25 acres of land with .75 acres of submerged land. Currently, the site is a functioning working waterfront. The site has a recently renovated dock system. The site also has a functioning aquaculture operation and a fish house; however, the historic fish house was severally damaged in the 2004 hurricanes and is open to the elements. Specifically, the overall dock configuration is a "U-shape", with a single dock extending out from the shoreline 41' to a platform where the fish house originally sat. From there, two piers extend out 125' each forming the "U"; thereby, providing a turning basin for the boats to moor and unload. The fish house is approximately 800 square feet and needs to be redeveloped. The parking surface is unimproved. Stormwater Facilities The Hurricane Harbor site has an approved storm water plan (originally permitted through St. John's River Water Management District) that has been installed, and therefore, only maintenance is anticipated. The City workforce can oversee maintenance of the storm water system as part of the City's ongoing duties. The proposed site improvements will not have any negative impact on water quality. On the Dabrowski site, any water quality impacts will be addressed at the time of permitting for a new fish house. Any future development on the Dabrowski site will be evaluated at the time of development by the City's Community Development staff and through the permitting requirements of St. John's River Water Management District. 12 • Landscaping The Hurricane Harbor site is currently landscaped. A small amount of replacement landscaping is required for pieces that have died (one queen palm and hedge on the west side parking lot). The site is heavily hovered in trees, although most are in need of pruning. This photo is from the west side of Indian River Drive, looking east toward the Hurricane Harbor Facility The next photo shows the southern edge of the parking lot west of Indian River Drive. The site contains more than 70 trees including combinations of natives and tropical species such as Live Oak, Wax Myrtle, Pin Oak, Sabal Palm, Queen Palm, Foxtail and 13 Bismarck Palms. There are also several very large trees and one old Banyan tree (not • shown in the photos). Below shows additional landscape which requires some maintenance on the west side parking lot. is Landscape plantings in the "center divide" of the west side parking lot. The .Dabrowski site requires new landscaping areas and hedges to increase the aesthetics of a working marina. Trees will be planted concurrently with the fish house • redevelopment to meet the City's Land Development Code requirements. 14 40 Stand of trees on the IDabrowski/Offshore Marina facility. Native plant species will be used on both sites whenever possible with plant preference given to those that are salt tolerant and drought tolerant such as Zamia (cardboard and coontie varieties), buttonwood (in silver or green), fakahatchee grass, vibumum, cordyline (ti plant), and wild coffee. Trees utilized will emphasize natives including Southern Magnolia, Silver or Green Buttonwood, and Live Oak. • Attention will also be paid to removal of exotic and invasive species. For example, there is a small stand of Australian Pine (casusdna glauca) on the east river coast line between the Dabrowski and Hurricane Harbor properties. n LJ A small amount of Brazilian Pepper (schinus terbinthifolius) must also be removed on the west side of the properties. The City agrees to removing exotic and nuisance species from the site within 180 days of acquisition, utilizing the current FLEPPC list (see Attachment 3). Brazilian Pepper will be removed using `best practices" methods. 15 • The City will monitor the site annually for nuisance and exotic species. City Staff currently monitors a number of City owned facilities, so these parcels can be easily included in a regular assessment. Water Quality Protection Both sites have constructed stormwater systems. As stated, the Hurricane Harbor site has an installed stormwater management system that is in compliance with water management district requirements. The City will remove nuisance species from the stormwater ditch. There is no direct stormwater discharge from the Hurricane Harbor site, which requires SJRWMD approval. The Dabrowski property will need to address any future storm water needs as part of the redevelopment of the fish house. At the time of development for the fish house, it will be determined if shoreline vegetation may be beneficial in treating stormwater runoff from the site. If so, considerations for planting spardne altemiflora (shoreline grasses) along the shoreline will be made. Stormwater improvements for Dabrowski will be completed within the next two to five years, if needed, and concurrent with other improvements. The City will coordinate with the Indian River Aquatic Preserve for appropriate guidance and recommendations to avoid impacts to the water quality, listed species and the natural resources in the adjacent Indian River Lagoon. Building Requirements Both properties are within the coastal hazard area, thus any building permits will meet required wind load for exposure zones for the national flood insurance program, and State of Florida building codes. Archaeological and Historical Resources No known archeological artifacts exist, but if items are discovered, the City will contact SHPO immediately. It is anticipated that several local families will donate items of historical significance to the working waterfront program for displays. The City will provide interpretive signage for historic resources. While fishing is a historic industry, the fish house that exists on site was built in the 50s and was badly damaged in the hurricanes of 2004. The fish house will be rebuilt in the "fishing village vernacular" architectural style. Permits The City of Sebastian maintains Florida Department of Environmental Protection Submerged Lands Lease #310006484 for operation of the working waterfront • (Attachment 4). The lease covenants permit the operation of a working waterfront and renovation of a over -water structure, provided the footprint is the same. 16 Health Department Inspections/permit will be required for the sale of fresh seafood and limited food service. City of Sebastian Building Department permits were received for improvements at 1540 Indian River Drive and will be required for the renovations scheduled at 1532 Indian River Drive. Aspects that require building permits will be issued through the City of Sebastian's (COS) Building Department or Indian River County, which ever applies. St. John's River Water Management District — modification of existing stormwater permits for any redevelopment/construction activities. Easements The City has not identified any easements on the surveys and there are no easements being proposed. The City will provide FCT 60 day prior written notice and information regarding any proposed easement and no document will be executed without the prior written approval of FCT. Educational Signs and Displays, Museum • The City will provide interpretive kiosks) or sign(s) that will educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts. The City will provide permanent structured displays of artifacts and other items pertaining to the economic, cultural or historic heritage. The City, in conjunction with FLS and the Sebastian Historical Society and other civic organizations, will provide volunteers to staff the museum and provide year round educational programming concerning the economic, cultural or historic heritage of Florida's traditional Working Waterfronts. These types of displays will include information about the region's "first fishermen" — the Ais Indians and early settlers - up through "today's fishing families". Displays will also include information on the historic clam industry and how clams are farmed In today's aquaculture ventures. Special programming will include day seminars on how to build a cast net, how to build a crab trap, how to dean and prepare locally caught fish and story telling performed by members of older fishing families informing the new generations about fishing history and days -gone -by. The largest "restorative" need on the Hurricane Harbor site is to redevelop the Florida "fishing village vernacular" architectural style by converting the foam roof to a metal roof. This will be completed as funding permits. The City will ensure that a cultural resource survey is conducted prior to any proposed • development activities on either site; and, the City will notify the Florida Division of 17 Historic Resources immediately if any archeological resources are identified. The City will coordinate with the Division of Historical Resources for the protection and management of archeological and historical resources, and comply with the provisions of Chapter 267, 267.061 2(a) and (b), of the Florida Statutes. The City will investigate whether either the old Hurricane Harbor or the Dabrowski fish house qualify for listing on the National Register of Historic Places. SECTION IV. BUSINESS ACTIVITIES Existing Business Activities At the time FCT purchased the Hurricane Harbor facility and dedicated it the City, the facility had no activity and was a vacant, decaying former full service restaurant/bar. Through the City's procurement process and its .partnership with Fisherman's Landing Sebastian (FLS), there is now a tenant and subtenant leasehold with Indian River Seafood, Inc. for management of the fish market and eatery. FCT has reviewed these documents as of October 2011 and the City is in the process of returning these documents to the State. . At the time FCT purchased the Dabrowski Offshore Marina and dedicated to the City, it functioned as a commercial fishing marina with an aquacukure operation (raceways and upwellers). The existing business activities consist of commercial dock rental, • aquacuiture operations, commercial slip rental and some processing of fish (packing, sorting, etc) on a daily basis. There had been contractual arrangements between the fishermen and the Dabrowski Trustees. These fisherman ultimately formed Fisherman's Landing Sebastian, Inc. (FLS). Now, there is a lease between the City and FLS. FCT has reviewed these documents as of October 2011 and the City is in the process of returning these documents to the State. Proposed Business Activities Business activities occurring at the site will be divided in categories that are (1) Primary to the support of commercial fishing; and, (2) Ancillary to the support of commercial fishing. Below is a general listing of primary and ancillary business activities that will occur on the site (1540 and 1532 Indian River Drive): ➢ Retail Fish Market and Eatery - Promotion of the Florida seafood industry by offering seafood, aquaculture and limited food service at the 1540 Indian River Drive location. ➢ Museum — Interactive and static displays showing Sebastian's fishing. heritage at the 1540 Indian River Drive location. ➢ Assembly Area — The 1540 Indian River Drive facility will also host community meeting areas for various educational and cooking seminars. ➢ Special Events — Fundraising activities that augment capital and recurring expenses • that are required to directly benefit Florida commercial fishing operations. ➢ Interpretive Kiosks — Interactive signage throughout the working waterfront. 18 • ➢ Touch Pools - "Wei' Exhibits displaying dam raceways, showing clams from seedling size to various stages of development. ➢ Ice Depot — Provision of ice for commercial fishing. ➢ Smoke House — On site retro-style seafood cooking facility. ➢ Dock — Commercial dockage available for lease to commercial fisherman. ➢ Fish House — Rebuild the historic "above water" fish house structure. ➢ "Retro" Rail System — Install railroad and push car system for the transport of materials and product throughout the facilities. ➢ Boardwalk - Expansion of the docks along the shore line and to various points along the Dabrowski and Hurricane Harbor sites. ➢ Aquaculture — Operation of clam cultivation chambers and other marine organisms for commercial and educational purposes. ➢ Micro Business Incubator — As space is available, making small leases available to businesses that have a direct link/benefit to Florida commercial fishing. Description of Primary Activlties to Occur at Site The facilities at 1540 and 1532 Indian River Drive offer many redevelopment opportunities that will support the mission of the Stan Mayfield Working Waterfront grant program. The Waterfront Collaborative will be host to these activities. The primary activities will include, but not necessarily be limited to: ➢ Historic. Fish House Restoration - The Waterfront Collaboradve proposes to redevelop the fish house at 1532 Indian River Drive in order to provide a location for commercial fishing vessel dockage, incubation/harvesting of aquaculture, and the preparation of freshly caught fish for wholesale. In order to commence these activities, a retrospective restoration of the fish house is required. Cost considerations for fish house restoration is dependent on: (1) the level of State permitting required for (i) a structure that sits above the water; and, (ii) single or two- story facility design concepts; and, (2) the ability of FLS to generate construction funds. The first concern — regulation concerning an above water structure — is significant because professional services are required to conduct preliminary design on how the foundation of the existing fish house is repaired. The second cost factor — single or two-story building — centers on handicap accessibility requirements. The current fish house retrospective concept retains the original "footprint" of the building. This "bottom level" will be modeled after a classic "open floor" fish house utilizing a rail transport system and providing entry points on three sides (north, east and south). These portals will accommodate multiple boats to unload their catch in two different zones simultaneously. Product will be moved into the fish house where it will be sorted, weighed, iced, packed and transported to the truck loading area using a vintage rail system. The second story of the fish house will provide an observation platform for visitors to witness the operations of the working waterfront. 19 • However, this concept may prove too costly, as initial design research indicates that ADA requirements may call for elevator access to the second floor observation area. If costs prove too great, then a one-story concept will be developed, providing a same floor observation area. Installation of a "retro" style push -car rail system is another concept that may be considered. Conceptually, the rail system would link the "U" shaped operational docks with the fish house and other docks at 1532 and 1540 Indian River Drive for the purpose of loading/unloading ice, bait, equipment, vessel supplies and caught product. The concept would not only be a functional waterfront operation; but, also serve as a reminiscent visitor attraction. At this time, it is estimated that the redevelopment of the fish house may range from $350,000 - $750,000. ➢ Enhancement of Aquacultur+e - The Dabmwski facility currently hosts functional aquaculture operations. However, a relocation or further renovation may be considered; the allowing for better visibility in an educational venue and, if required, to accommodate the expansion of a single -story fish house concept. ➢ Retail Fish Market/Eatery - With the unique features of the 1540 Indian River Drive building, a portion of the facility will host a retail fish market and eatery. The fish market will support the commercial fisherman by offering a retail/wholesale • outlet in the immediate vicinity of the actual working waterfront (1532 Indian River Drive). This location will assist commercial fishermen by providing an immediate sale point for locally caught seafood or aquaculture. In addition, the retail fish market will have an eatery component offering limited food service. Operational guidelines of the Retail Fish Market/Eatery will be as specifically defined below: ✓ FOOD SERVICE - Food serve at the site will be In keeping with the nature of a seafood shack, seafood eatery or seafood caf6; whereby, food and drink orders are taken and paid for at an identified location. Thene shall be no wait staff for the purpose of taking food/drink orders from muttiple locations. As construction of the entire project progresses, the fish market will provide a connection between the purchase of retail seafood at the market and the Immediate preparation/oonsumption of the product at the eatery. ✓ FOOD SERVICE CONSUMPTION - Food and drink consumption may take place in seating areas provided by the eatery or taken and consumed while enjoying/visiting the other amenities provided at the site. Illustrative examples of the site include, but are not necessarily limited to, consuming seafood In the common areas of the 1540 Indian River Drive building; eating in areas where visitors can enjoy the view and ambience of the site from the river view decks; or, eating while watching fishing operations from the observation area at the fish house. • ✓ BEER AND WINE SERVICE — The City recognizes that beer and wine consumption may take place at the site and will complement the rustic fishing heritage ambience being 20 • developed. Any such consumption of beer and wine will be in strict conformity with regulations promulgated by the State of Florida, Indian River County and the City of Sebastian. There shall be no liquor service or consumption of liquor at the site. Further, the City acknowledges that, from time to time, the facilities may host educational field trips. At a time when any such educational event hosts minors, beer and wine will not be consumed, dispensed or displayed at the sites before noon. ✓ SEATING CAPACITY - The eatery shall provide no more than six (6) tables. Each table shall not seat more than 4 persons. Tables shall be located in the eatery portion of the facility as Identified on the attached site plan. Due to the existing configuration of Hurricane Harbor's previous restaurant set-up, the old bar shall only function as a food service or consumption counter. In addition to the table capacity previously mentioned, there shall be no more than 10 stools at the service counter area. ✓ EXISTING OUTSIDE DECKS AND'MlfJ BAR" - Eatery delivery service will be limited to the location specifically leased for the food eatery (see attached site plan). Food service shall not be ordered or delivered by wait staff to any other location, such as the common areas, outside deck areas, tiki bar, or fish house observation area. Tables and chairs may be placed on the outside decks and other common areas as shown on the site plan; however, no food service delivery will be provided In these areas. ✓ "BAR" AND "RESTAURANT" REFERENCE - All reference to "bar" and "restaurant" shall be prohibited. ✓ FRESH FROM FLORIDA MEMBERSHIP - In order to ensure that operations at the retail fish market/eatery support the Florida commercial fishing industry the proprietor of the marketteatery shall be a member of Fresh from Florida and display Fresh from Florida • materials. ✓ SITE PLAN - Attachment 5 shall serve as the eatery layout. ➢ Saecial Events — From time to time, but not to exceed two (2) times per year, special events may be conducted. The purpose of such event will be to fund raise for Fisherman's Landing Sebastian (FLS) which is a partner in the Waterfront Collaborative and their mission directly supports the commercial fishing industry. All special event revenue generated by such special event will be used to fund capital improvements at the facility and/or pay operating expenses required to manage the working waterfront. At such events, the playing of live music, such as live bands, We or karaoke, may be permitted. In any such case, the special event shall be governed by all requirements of a Temporary Use Permit issued by the City. ➢ Museum/Educatlonel Forum — A limited square footage of the Hurricane Harbor facility will be designated for fishing artifacts to be displayed. Historic pictures and fishing memorabilia will also be displayed throughout the facility to educate visitors about Sebastian's fishing heritage. From time to time, an area in the lower 'railed" portion of Hurricane Harbor (see site plan) will be reserved for educational forums. Such forums will provide information to the public about commercial fishing techniques; crab trap/fish netibad assembly; • and, cooking/preparation of seafood and special receipts. Through a partnership 21 • with the Florida Department of Agriculture, the theme "tastiest catch" will be marketed to support the commercial fishing industry. ➢ ke Depot - Provision of ice to commercial fishermen will be established at the site in order to assist commercial fishing. ➢ Docks - Commercial dockage available for lease to commercial fishermen, possibly including a fuel facility only for use by fishermen. Operational Acknowledgement The listed operational components of the Waterfront Collaborative are illustrative in nature. City stipulates that the concepts provided herein are the primary goals of the grant. However, this will not necessarily preclude amendments to the Management Plan. The City acknowledges that any amendment requires review and approval by FCT. In such event, the City will provide FCT 60 days prior written notice and provide written information for such operational modification. Any such amendment will not be executed without the prior written approval of FCT. Current and Future Demand for the Facilities and Activities The primary customers intended to patronize the Waterfront Collaborative are "day • trippers"- those traveling to the area within a 2 - 3 hour window. They may come from South Florida, the Orlando area, or even Florida's west coast. An estimated 500,000 visitors travel in Florida to see the national estuary (Indian River Lagoon) each year. See Section 11- Purpose -- "Priming the Pump" for detailed demographic information. SECTION V. CONCESSIONS AND LEASES Rents/Royalties Collected at the Site The primary activities and revenues collected on site shall conform to the purposes of the Working Waterfront program. All fees collected are to be placed in a segregated account and will be used for the upkeep and maintenance of the site. The principal benefit is derived from the preservation and continuation of the fishing heritage, and not losing that heritage to commercial development which has typically happened in other coastal communities. Identify Existing Concessions and Leases Prior to FCT purchase of the site: (a) Hurricane Harbor Site - None existing. (b) Dabrowski/Offshore Marina - Leases exist for commercial boat dockage and • aquaculture operations. In discussions with the Trustees of the Dabrowski parcel, they have indicated that the fishermen do not have formal written leases. 22 • Since June 2010, the City has requested FCT recognize and review two lease for the operation and management of this business plan. As of November 1, 2011, FCT has reviewed and provided lease approval guidelines. The City will implement those leases, pending final execution by FCT: (a) Fisherman's Landing Sebastian, Inc, a 501(c)(3) not for profit corporation has been issued a lease for the redevelopment and management of 1532 Indian River Drive. (b) Indian River Seafood, Inc. (IRS) — the City has assumed the former FLS sublease with IRS that leases a portion of the Hurricane Harbor facility for the operation of the fish market/eatery. Any other lease proposal, sublease or modification thereto, will be properly vet with FCT for approve prior to the execution of the document. The City will provide FCT 60 day prior written notice and information regarding the operation of any concession and no document will be executed without the prior written approval of FCT. The City acknowledges that any fees collected will be kept in a segregated account with the sole purpose of upkeep and maintenance of the Project Site Submerged Lands Lease and Deed for the Existing Facilities • (a) Hurricane Harbor Site — Has a Deed for the Board of Trustees of the State of Florida for their submerged land (attachment 4). (b) Dabrowski/Offshore Marina (attachment 4). The City will annually provide a signed affidavit that the submerged land lease is in compliance with all the terms and conditions of the lease, including but not limited to wet slip certification forms and any fees due for the use of sovereign submerged land within the leased area. SECTION VI. MANAGEMENT NEEDS Management As provided in the previous Section, the City has prepared lease agreements for the execution of the grant management plan. The City reserves the right to form or uphold public/private partnerships that may be or have already been consummated, provided the partnerships are beneficial to advancement of the Florida commercial fishing industry. Any such lease modification or partnership shall require FCT review and approval. Maintenance • The City staff will ensure that either City Staff or the managing partner will: 23 • 1) Perform regular mowing, pruning of landscaping. 2) Keep the property free of trash, fitter and debris. 3) Maintenance of the docks and other facilities that are redeveloped. All maintenance will be conducted either by City Staff (from the Public Works department) or through the FLS partnership. Security The City will ensure that both sites are secure. Additionally, the Sebastian Police Department (SPD) will conduct routine patrols at the site in order to protect against vandalism, theft, etc. The best protection against these types of crime is to operate the facility instead of the property sitting vacant. Currently, the Dabrowski site is not fenced, and to keep it accessible to the public there are no plans to fence it. Because this site has constant activity from the commercial fisherman, equipment to secure the site is not required at this time. Staffing • The City is not proposing to create any new full time employment positions. The City will work with FLS and the Sebastian Historical Society to provide volunteers to conduct museum activities, similar to the existing staffing for the Sebastian Historical Museum operating next to City Hall. SECTION VII. COST ESTIMATES AND FUNDING SOURCES Structure and Improvement Since accepting dedication of the properties from FCT, the City has moved forward with repair and management of the grant management plan. As of November 2011, below provides an update on site restoration activities: Hurricane Harbor Site: ITEM Electric Renovations Roof Repair Structural Improvements" Plumbing/Restroom AIC Painting • ADA Modifications Kitchen ORIGINAL BUDGET $60,000.00 75,000.00 30,000.00 20,000.00 20,000.00 5,000.00 2,500.00 ACTUAL BUDGET $29,189.33 17,885.00 53,810.64 11,450.10 1,490.00 19,647.96 24 • Freezers Landscape Contingency Labor Professional services Government Permitsl01her Contractor Draw 31,133.13 2,29721 37,500.00 1,219.00 - 65,990.84 - 1,715.00 - 5,760.90 - 15,000.00 s a TOTAL PROJECT 250,000.00 256,689.01 The funding mechanism for these improvements were the Sebastian CRA. As additional improvement are made, the City will solicit grants and seek other funding mechanisms. Dabrowski Offshore Madna -See Section IV— Business Activities — Historic Fish House proposal for the reconstruction budget of this facility. The Lease between the City and FLS requires that all marina improvements will be conducted and maintained by FLS. Maintenance Annual costs are estimated at $18,000 per year for insurance, utilities, janitorial, various maintenance, submerged land lease, and other unforeseen items. Maintenance of the • docks and raceways will be solely the responsibility of FLS. Security • Sebastian Police Department. Staffing To be determined by City and FLS. While there are not any jobs predicted to be created in the first year as part of the program, it should be noted that 13 commercial fishermen rent space at the Dabrowski/Offshore Marina dock, along with five aquaculturists for a total of 18 FTE. Funding Sources The City has a number of funding options, including the Community Redevelopment Agency, Parks/Recreation Impact Fees, and Discretionary Sales Tax. Additionally, the City plans on utilizing private/public: partnerships to achieve portions of the project and soliciting grants. The commercial marina currently yields approximately $2,700 in lease fees for boats and equaculture. These funds will be utilized for maintenance and improvements. 25 • SECTION Vlll. SCHEDULE PRIORITY TIMELINE OEM .. ' 1pc: AA-10 Aeended ADM To Be AffOOd Feb-10 ►""'1i'v - I I �eiinr`zr;'+.�..•,:.... - . sett ".'al'a"'-- �fsal.•�av� —, �R� 40M Feb-0t lti6 Mere R;+a�s X y�s� x x _ ocnMd �r'r ' 1 x x — G"i{Fiu,itiiHAI��flYairretrnow x � x I x x x -tocos"Rwaft x x y_x Bell�lyl\:�N+w�roN�e x x x h4a i�allY�rs'• _� x x~ uP �5tlri+++reee... M.Q.to _. "Aoaran :+ :aa.+.r+oaa.p.,d wP-to iFtiola o.i�niaanyi Flan omj—rr _ x x x x x~ x K x x IVrwd��+ x x x x x x x x x C0NW hear 1W PA80woesto - k-WooldeFsoMbe tar 111dlofml Resler x x SEE ATTACHMENT 6 MASTER SITE PLAN S PROPOSED IM'ROVEMENTS SECTION IX. MONITORING AND REPORTING The City's Community Development Department will prepare an Annual Stewardship Report, due October 30th of each year, in order to evaluate the implementation of the Management Plan. • The City will provide documentation that the submerged land lease is in compliance with all the terms and conditions of the lease, including but not limited to wet slip certification 26 forms and any fees due for the use of sovereign submerged land within the leased area. The City will provide documentation, as part of the annual report that all business permits are current and business fees have been paid. As part of the annual monitoring, the City will require an annual audit of the business activities on site including all revenues and expenses. The City will provide Florida Communities Trust with either the audit report (CAFR) or an executive summery of the audit. The City acknowledges that any proposed modification of the Management Plan and/or undertaking any site alterations or physical improvements that are not addressed in the Recipient's approved Management Plan requires prior FCT review and approval. SECTION X. LIST OF ATTACHMENTS 1. Location and Public Lands Map showing the project site and other Working Waterfront facilities and/or business in the area. 2. Future Land Use Map. 3. FLEPCC list of nuisance and exotic species. 4. A copy of the existing Submerged Lands Lease for the Dabrowski property, and the Board of Trustee Deed for Hurricane Harbor Submerged Lands. 0 5. 1540 Indian River Drive — Hurricane Harbor Facility — Operational Floor Plan. 6. Master Site Plan and Proposed Improvements. Compliance letters from DEP. Copy of the Stan Mayfield Working Waterfront Grant Contract. a Copy of the Declaration of Restrictive Covenants. n 27 r� U Attachment 'I — Location & Public Owned Lands Archie Smith Fish House : • •� (owned by Indian River Co.) /� \ "N;: ; �` Working Waterfronts Acquisition (former Hurricane Harbor and Dabrowski/Offshore Marina parcels) Sembler parcel (privately owned) Main Street Boat Ramp if — ���,. \ .• `� `� (City owned) HOME OF PELICAN • • mcir AN --�- f, HOME OF PFUCAN ISIAND ti �...: \ ! ! lip - L i prr�w�trw�rw�.i•�•-Ir�r++r.r FUTURE LAND USE MAP 2025 - - • ,. g.� ems, CONMERCW.LMRED C3CRA9OVNDARY AGRWATURE )Ma l ialeCwwm m QBm& ©o1TY iotmwm LAND DE'S10N iNNO"T)ONS VERY LOWDENBRY R.90MTNLIUM. 7aaIK) COMWERM 912 COASTAL HIGH HAZARDAREAS wwi.,ea LOW DEHSRY RESMwrlALjVm. E dd" RNERFRONT NIXED USE WATER ^- 190 illa'Yi7 Q'kHdo A~w Mae" HOME (ma. E OJW) PIOURRUL � suite Z93 ummm De"Im pizommeAL(ma. 6 tab* PwrrmDWL wf"tgrPark fforkk 32799 a cc a c t N C m E a -` .Ada Exc.- ►i;: Pe_st Pla,-;t Council's 09 List hnvasive P' int Species Oithe tpose of the List: Tofocus attention on adverse effects exotic pest plants have on Florida's biodiversity and plant communities, 0 the habitat .losses from exotic pest plant infestations, 0 the impacts on endangered species via habitat loss and alteration, 0 the need to prevent habitat losses through pest -plant management, the socio-economic impacts of these plants (e.g., increased wildfires in certain areas), 0 changes in the seriousness of different pest plants over time, - the need to provide information that helps managers set priorities for control programs. CATEGORY I invasive exotics that are altering native plant communities by displacing native species, changing community structures cur ecological functions, or hybridizing with natives. This definition does not rely on the economic setrrity orgeogntphic range of thr problem, but on the da umrnted ccolirgical damage causrtt FLEPPC Gov. Reg. Scientific Name Common Name Cat 1191 Dist. Abrus precaimius rosary pea T N C, S Acacia ouriculiforniis earleaf acacia J C, 5 AlhiYia�ilibiissin mimosa, silk tree 1 N, C Albico lebbech wwrian's tongue 1 C, 5 An isia crrnda (A. arnuiata misapplied) coral ardisia 1 N, C. 5 Arduia elliptica (A. humilis misapplied) shoebutton ardisia 1 N C, 5 Asparagus arthlopicrrs (A. sprrnged; asparagus -fern 1 N, C, S A. densii larus misapplied) Bauhinia variegata orchid tree 1 C. S Bisrhn(ta.iavanica bishopwood 1 C, 5 rlophyilura antillanum Santa maria (names "mast wood," 1 S 7aidbaand C Inophyllum misapplied) lop "Alexandrian laurel" used in cultivation) . asuarina equiset'tfolia Australian -pine, beach sheoak i P. N N, C. 5 Casuarina giatua suckering Australian -pine, gray sheoak 1 P, N C, 5 Cinnamomum camphors camphor tree 1 N, C, 5 Cotocasia csculrnta wild taro 1 N, C, 5 Colubr(na asindia lather leaf I N S Cupaniopsis anarnrdiaides carrotwood I N C, 5 Dtoscorva elate winged yam I N N, C. 5 Dioscoma bulbilera sir -potato, i N N. C, S Elchhornid crassipes water -hyacinth t P N. C, 5 Eugenia uniflara Surinum cherry 1 C. 5 Ficus micrmarpa (E nicida and laurel fig I C, S F rarusa vat. nitida misapplied)' Hydrilla vcrticillata hydrilla i R U N, C, S Hygraphlla pohnpoma green hygcn T P, U N, C, S Hymenaehne amplexleaulls West Indian n atsh grass 1 C. 5 Impraiacylindrica U. braAlensis misapplied) cogon grass 1 N, U N, C., 5 Jpomaca aquatica water -spinach i P, lJ C ,puminum dlehotomum Cold Coast jasmine I C, S Jasminum)iuminense Brazilionjasmine I C. S Ltminna rzamaru (- L strigaramara) lantann, shrub verbena T N, C, S Ligusimm luddum glossy privet 1 N, C •tlgusirum sinew Chinese privet, hedge privet 1 N, C. S japmdca Japanese honeysuckle 1 N. C. S .drera Ir,igia peruvlana Peruvian primrosewillow I N, C. S Ludola subintrgra Tropical American water grass 1 S Lygodium japanicum Japanese climbing fern i N N, C, S lygodium microphyllum Old World climbing krn I N C, 5 'Does not Include Ficus microcarpe subsp. "ants, which is sold as "Green Island Ficus FLEPPC 2009 List of Invesive Plant Species — Fall 2009 PLEPPC Gov. Reg. Sclentifie Name Common Name Cat. List Dist. Macfadyma ungrtis-Cad cat§ claw vine 1 N, C. S Manilhara zapma sapadilla 1 S Mdakuca qulnqutatervia melaleuca, paper bark 1 P. N, U C, 5 Mchnis repens ( Rhynchrlyytrwn rgxns) Natal grass 1 N. C, S Mimosa ptgra catclaw mimosa I P, N, U C, 5 Nandina domestirn nandina, heavenly bamboo 1 N, C Ncphrol" mrdifalfa sword fern i N, C, S Nephmlq&bmwnfi (- N. middf ora) Asian sword fern 1 C, 5 Neyraudia reynaudiana Burma teed, cane grass I N S Nymphofdes cristata snow0ake 1 C. S Paederia cruddasiana sewer vine, onion vine 1 N S Pardcria foetida skunk vine I N N, C, 5 Panicum repens torpedo grass 1 N, C. 5 Permisetum purpureum Naples grass I N, C, S Pistia stratiow water -lettuce 1 P N, C, S Psidbim cattieianum (- P. hiloruic) strawberry guava 1 CIS Nidium guajava guava 1 C, S Pucraria montana var. lobate (= P lobate) kudzu 1 N N. C. 5 Rhodomyrim iamcnima downy rose-mynle t N C. S Avnchelvirum repens (See Melinis ipens) Rutdlla brittoniana' Mexican petunia I N, C. S (R. tweeftna misapplied) Salvinla minima water spangles I N, C. S Sapium sebgerum ('= lHadica sebffera) popcorn tree, Chinese tallow nee I N N, C. 5 Scaevola taccada scaevols, half -flows, beech naupaka i N C. 5 (. Scaevola serk a, S. fraimens) Schtfjlera acdnophylla schefflera, Queensland umbrella tree I C. 5 (= Brasmia actinophylla) Scbinus iercbinihifolui Brazilian pepper 1 P, N N, C, S Scleda lacustris Wright§ nutrush I C, S Senna pendula var. glabrata climbing cassia, Christmas cassia, I C, S (- Cassia toltueuides) Christmas senna 5olanitm tampicense (- S. houstonif) wetland nightshade, aquatic soda apple I N, U C, S Solantun viarum tropical soda apple 1 N, U N. C. $ Syng-lum poelophy"Unt arrowhead vine 1 N, C:, S Sy ygtum cumin! jambolan plum, Java plum I C. S Trctaria incise incised halberd fern 1 S Thcgx-da pafndnea seaside mahoe i C. 5 Tradescantla flunrincnsis small -leaf spiderwon I N, C Urarhloa mutica (. Brachiaria mutira) Para grass I C, S CATEGORY I1 lavasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category i species. These species may Ixcomc ranked Category 1, if ecot% t:al damage is demonstrated. FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist Adcuanthera pawmina nerd sandalwood Il S Agave sisalana sisal hemp ll C, S Alcurites fordh (a Vernicta foulil) rung oil tree U N, C Aistonia macrophylia devil tree II S Alternanthera philoxerofdes alligator weed 11 P N, C, S Antiganon leptopus coral vine II N, C. 5 Arisfainchia litior ahs calico flower ll N, C. 5 A.rystmiagangetica Ganges primrose Il C, 5 'The Plant List Committee is uncertain as to the coned none for this species. Plants cultivated in Ftaride, all representing the same lraruW species, have in the past been referred to as Ruetfs brittinirns, R. bveedisna, R. ceerulee, and R. simplex. FLEPPC 2009 List of Invasive Plant Species - Fall 2009 C•LEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. Begonia curullata wax begonia if N, C, S Biethum pyramidalum green shrimp plant, Browne%blechum 11 N, C. S Bmussonclia papyri(era paper mulberry 11 N, C, S iisiaJragrans inch plant, spironema Il C. S 0i "ImIrmo vtnunaii •botllebrush, weeping boulebrush i1 S Casuarina cunninghandana river sheoak, Australian -pine If t C, S Cr I-Opia palmaia trumpel tree II S Crstrum diumuin day jessamine u C, S Clwmacdorcaselfitil bamboo palm LI 5 Ciematis lerniflora Japanese clematis Il N, C Cryptostegia madagascaricnsts rubber vine Il C. S Cypems involunnrus umbrella plant 11 C, S (C. alternifolius misapplied) Cyperus piolifer dwarf papyrus II C. S Daclylodcnium argypilum Durban cmwfootgrass Il N. C. S Dalberga Susan Indian rosewood, sissoo 11 C. S Elaeagnsu umbellata silverberry, autumn olive [L N Eldeagnus pungens sliverthom. thorny olive 11 N. C Ppipreninum pinnatum cv. Aureum pothos 11 C, S FICUS ailL%fma false banyan, council tree 11 5 Flacaunia Indica govcmor% plum 11 S Hcmarihtia allissima limpo gran; 11 C, 5 Hibiscus lihaceus (See Taliparib liliaceum) Hypaniunia raja jaragua 11 N, C. S (pamora car nea ssp. futulma ( i. fsstulaW shrub morning-glory 11 P CIS jasminun sambas Arabian jasmine if S Kalanchoe pin nata life plant 11 C. S .irrurrria desans ssp. formasana Ilamegold tree If C, S IL formasana; K panicufa(a misapplied) lrucacna leucccrephafa lead tree fl N N, C, S landau punrma (= Spimdela punctata) Spotted duckweed II N. C. S Limnaphila sessihjfora Asian niarshweed II P. U N, C. S Livistana chineasis Chinese fan palm 11 C, 5 Melia azerlarach Chinaberry it N. C, 5 Melinis minutia fora Molassespass Il C,S Mermmia tubcnva wood -rose it S Murreva paniculata orange -jessamine 11 S Mynaphyllum spicaltrm Eurasian water-milfoil fl P N. C. S Pankum maximum (=tlroddoa maxima, Guinea grass 11 N_ C, S Mtgmhyrsus Maximus) Passiflore btylora two -flowered passion vine 11 S Prnnlsclum setacrum green fountain grass 11 S 1 hrrnix rudinaw Senegal date palm II C. S PhYll-machys ourea golden bamboo H N. C Pitimporum pentandrum Philippine pittosporum.'raiwanese cheescwood 11 S Pleris villain Chinese brake fens II N, C, S Plvchusprrma rhpan+ solitaire palm II S Rhoro sparhacea (see 'Radescantia spathacea) Rkinus communis castor bean it N. C, S Rataia rotund folly mundlenf inothcup, dwarf Ronda 11 S nsevferin hyacintholdes bowstring hemp 11 C. S ania punicra purple sesban, raulebox 11 N, C. 5 Solarium diphyllum two -leaf rghtshade 11 N, C, S 501anum jamalccnsc Jamaica nightshade Il C Solar un lurvum susumber, i urkey berry 11 N. U N. C. S FLEPPC 2009 List of invasive Plant Species —Fall 2009 FLEPPC Gov. Reg. Scientific Name Gomunon Name Cat. List Dist. 51ri Vewnla Inlobata (= %Wlia uilobata) wedelia fI N, C, S Starhytar*ta mvennentls (. S. wiklfolta) nettle -leaf portcrweed II S Syagrus romantofimta , queen palm If C. S t. Arecastrum mmanzqffiumum) 7bliparM tiliacrum ( Hibiscus 101accus) mahoe. sea hibiscus Il C, 5 Termtnaka• comppa Itopicai-almond II C' S Termirmlia irtuelferf Australian -almond Ii C. S Tradescantia spathacen oyster plant it S (- Rhtxo spatlracra, Mom discolor) Tribuha cisliridcs puncture vote, burr -nut 11 N, C, S Umna fobara Caesars weed 11 N. C, S Vlicx trifulio simple -leaf chaste tree 11 C. 5 Washingimtin robust@ Washington fan palm Il C. 5 Wedelia (see Sph.agne"a above) Wisteriasfncnsis Chinese wisteria 11 N, C Xandxwma sagiltjjoflum maiangs, elephant ear Il N, C, S Citation example: FLEPPC. 2009. List of Invasive Plant Species. Florida Exotic Pest Plant Council. Internet: httplAvww.f1eppc.orWU1/list. him or Midland Weeds Vol. 12(4): 13-16. Fall 2009. The 2009 list was prepared by the FLEPPC Plant List Comntitttee: Keith A. Bradley - Chair (2006-preseni), The Institute for Regional Conservation, 22601 SW I32 " Ave., Miami, FL 33170. (305) 247-6547, biadley@rcgionalcmtsenatinn.org Janice A. Duquesnel, Florida Park Service. Florida Department of Environmental Protection, P.O. Boot 1052, Islanmrada, FL 33036, (305) 664-8455, Janiee.Duclu snel@depsate.fLus David W. Hall, Private Consulting Botanist, 3666 NW 1311 Place, Gainesville: FL 32605. (352) 375-1370 Roger L. Hammer, Miami -Dade Parks Department, Castellow Hammock Nature Center. Z2301 S.W. 162"d Ave., Miami, FL 33030. kas kaei 44@comcast. n et Patricia L. Howell, Broward County Parks, Environmental Seeuon, 950 NW 381s St.. Oakland Park, FL 33309, (954) 357-8137. phowell@broward.org Colette C. Jacono, Department of Agronomy. Center for Aquatic 6r Invasive Plants, IFAS, Un(verSity of Florida, 7922 NW 71" St., Gainesville, FL 32653, (352) 392-6894, colettej@ufl.edu Kenneth A. Langeland, Center fur Aquatic and Invasive Plants, IFAS, University of Florida, 7922 NW 711St., Gainesville, F132606. (352) 392-9614, gator8@ufl.edu Chris Lockhart, Florida Natural Areas Inventory, c/o P.O. Box 243116. Boynton Beach, FI 33424-3116, (850) 509-6482, dcekhartQfnai.org Gil Nelson, Gil Nelson Associates, 157 Leonard's Dr., Thomasville, GA 31792. gil@giinelwn.com Robert W. Pemberton, Invasive Plants Research Lab, U.S. Dept. of Agriculture, 3225 College Ave., Ft. Lauderdale, FL 33312. Roben.Pembenon@ars. osdt.gov Jimi L. Sadlc. Everglades National Park, 40001 State Road 9336, Homestead, l'L 33034; (305) 242-7806, Jimi_Sttdlc@nps.gov Robert W. Stmons, 1122 SW 1111 Ave., Gainrsville, FL 32601-7816 Sandra M. Vardaman, Ahachtut County Forever Land Conservation Program, Alachua County Environmental Protection Dept.. 201 SE 2"' Ave., Suite 201. Gainesville, Florida 32601, (352) 264-6803, smvaniaman@alachuacotlntyus Daniel B. Ward, Department of Botany. University of Florida, 220 Bartram Hall, Gainesville. FL 32611 Richard P. Wunderlin, Institute for lystenmtit• liotany, Dept. of Biological SClcnces. University of South Flnrkla. Tampa. FL 336ZO. (813) 971-2359. rwunder@cas.usf edu FLEPPC Database - The Florida Exotic Pest Plant Database contains over 75,000 sight records of infestations of FLL'PPC Category I and Category II species in Florida public lands and waters. 211 species are recorded. Nearly all of the records are from local, state, and federal parks and preserves; a few records document infestatlortis in regularly disturbed public lands such as highways or utility rights-ol way. Natural area managers and other veteran observers of Plorida's natural landscapes submit these records, with many supported further by voucher specimens housed in local or regional herbaria for future referenSc and verification. New and updated observations can be submitied online ai www.eddmaps.org/flori- da/. This database, along with other plant -data resources such as the University of South Florida Atlas of Florida Vascular Plants at www.plamailas.usf.edu, the Florida Natural Areas Inventory database at www.frwLorg, and The Institute for Regional Conservation Floristic Inventory of South Florida database at www.regionalconservation.org, provides important basic supporting information for the FLEPPC 1.L41 of invasive Plant Species. ltarages andlor distributional data of PLEPPC-fisted spedcs may be found at one or more of the following websites: University of South Florida Atlas of Florida Vascular Plants. www.plantatias.usi.edu: the. University of Florida I lerbarlum colleclion catalog, httpJ/www.flmnh.ufl.cdulherbarium/c L/, and image gallery, http://www.mmnh.uff.c(lulhcrbariuni/catt imagesearch.asp: at Fairchild Tropical Botanic Garden's Virtual Herbarium, www.virtualherbarium.orwvhponal.html, The Robert K, Godfrey Herbarium at Florida State University, htip://herbariumbio,(su.edWindex.php; the University of Florida's IFAS Center for Aquatic and invasive Plants, htip://planLs.Lfas.ufL.edu. and the USDA PLANTS database, hup 1/ plants.usda.gov/. Please note that greater success and accuracy in searching for plant images is likely if you search by scientific name rather than a common name. Common names often vary in Cultivation and across regions. For additional information on plants included in this lLat, Ste related links and pages at wwwMeppc.org. REM 2009 List of Invasive Plant Species - pall 2009 • This Instrument Prepared By: Pattie I scat Recurring Revenue Section Bureau of Public Land Administration 3900 CowmonweW& Boulevard Mail Station No.125 Tallahassee, Florida 323" Attachment 4 — Current Submerged Land Lease For Dabrowski property 208E+882 T141S DOCUMENT HAS BEEN RECORDED IN THE PLQC RECORDS OF INDIAN RIVER COUNTY FL 8K: 2441 PG:582. Pagel of 15 0W7=10 at 12:01 PM, JEFFREY K BARTON. c:LcRKor- COURT BOARD OF TRUSTEES OF THE II9TERNAL DdMOVEMENT TRUST FUND OF THE STATE OF FLORMA 'SOVEMGNTY SUBbVM0D LANDS LEASE RENEWAL MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CHANGE IN OVA4MHI)P' • 1MV • 3.111111. • THIS LEASE is hereby issued by the Board of Txutees of the Internal Improvement 'rust Fund of the State of •Florida, hereinafter referred to as the Lessor. , WnWESSETH: 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 Citv of Sebastian. Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section K Township 31 South. Range 399 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 29. 2010, the of bctive date of this modified lease renewal, though Ram! 15, gQ14. the expiration date of this modified lease renewal. The teams and oonditions on and for which this modified lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby andwrized to construct and operate a 13-OD commercial docking facilk and non -water deoendent building stfu= exclusively to be used for mooring 5shine and recreational vess* in conjunction with an upland customer narklqQ lot for marin& without fueling facilities, i6t 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 i o 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 (l 93Q square feet) of 11 plus 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Stmtes, if applicable, within 30 days of receipt of this fully moecuted modified lease. The aan W flee for the remaining years of this lean for the erg lease area (20,855 square fbet) shall be adjusted pursuant to provisions of Rule 1 &2 LD 11, Florida Administrative Code. The Mate of Florida Department of Environmental Protection, Division of State Lands (the "Division') will notify the lessee in ..- ,1 --F#U. w...m..h--A 06. A-- .i-..L'......0 -A.... -.. 1 1._.. - -...... .... . . . n... .... • 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, w 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 f mility to a the d party shall include a provision that clearly notifies the wet slip renterluser/holder that if the wet slip renterhw/hotder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shalk contain a provision that requires six percent (6%) of die 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 rearter/user/holder that no interest in said wet slip may be finther husferred unless a substeatially 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/hplder. 4. LA'S$ FEE ASSESS]1+IBPP . 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°/a) per %-m , calculated on a daily basis for every day the payment is late. 5. F.XAMINAMN 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 • ears, 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 (fir) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain end keep all records for the entire team 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 far lease verification Purposes by the Lessor. 7. AGRfiE1NM TO pIT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified hurcin. 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-fhmily 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 --r e-j mooring of charter/tour boats, firm loading/offloading commercial to iental of wet slips, etc.); (u) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatorypermit; or ('rii) 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 pertica lady described in Attachment 13 without first obuilaing 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 oaf 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 heneiabefore described by reason of the occupancy or use thereof; and all title and interest to said land hcrembelbre described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to inchrde, 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 `ooperatkve ownership. The Lessee is fbatlia prohibited from making any claim, 3nclading any advmtisemcni, that said land, r the use thereof; may be purchased, sold, or re -sold. 9. W7L2REST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall waintain the interest in the riparian upland property that is more particularly described in Attachment A and by recce 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 tramferee of the Lessee's interest in the riparian upland properly 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 fu11 compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessinernts 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, roles and regulations in efficet 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. INDEb1NIFICATIONIINVES77GATION 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 atgzbumble 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 76928, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. YEMM Lessee waives venue as to any litigation arising from matters relating to this lease and any such `tigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida 13. NOTICES/'C0MPLLkNCErMRM1NATION: 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 Iowa shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative riles 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 32959 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 ASSESSM FWTS:, The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements therm, including any and all drainage or special assessments or taxes of every kind and description which are now or may be heneaft lawfully assessed and levied against the subject property during the affective period of this lease. 15. NUISANCES OR ILLEGAL OPERA .TIONS: The Lessee shall not permit the leased premises or any part iwwf to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy e 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 1RIOHT TO 1NSP8CT; 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 i P.- icnc Q%R11 ha-nihiart to inarw"nn tow tha T aaar r ita Aaaiema/arr anp t of t;-^ CJ 17. NON-DISCRAIINAT ION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or maritd 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 mains the placard famished 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. 19, ENFORCEMENT OF PROVISIONS: No Mure, 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 thereofor render the same inoperative or impair the right ofthe 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 PROViSQH& Renewal of this lease shag 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 writfag 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 termm of any renewal granted by the Lessor shall commence on the last day of the previous lease tans. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the IS essee shall vacate the leased premises and remove all structures mod equipment occupying and txected 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 IL which shall run with the title to the Lessee's interest in said riparian upland property and sball be binding upon Lessee and Lessee's successors in title or successors in interest. 21. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINF,S: 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 Paragsapit 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 COSTSILIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 21 ofthis 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 wq mes shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described In Attachment I3. This lien an the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 23. RECORDATION Of LEA The Lessee, at its own expense, shall record this fully executed lease in its catirety 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 tan (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and }rages at which the lease is recorded. 24. RTA&M RIGHTS/FINAL ADJUDICATION: In the event that any part of any. structure authorized hereunder Widetermined by a final adjudication issued by a court of competent jurisdiction, to encroach on or interfere with adjacent parian rights, Lessee agrees to either obtain writ n consent for the offending structurefrom the at%cted 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. 25. A]v1ENIDML•'NTS/MODMICATIONS: 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, aclnwwlWged and executed by the Lessee ad 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 bontlifts 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 docldng facility. 26. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTMTTES/ADDMON.AL ACTIVITIES/K NOR 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 . ya;..... m.L or dining activities are to occur within the leased premises. The Lessee shall onsure that no permanent, temporary or floating structures, fences, docks, pilings or any smtciures 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, relocationtmalignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lauds without prior written consent Svan the. Lessor. Unless specifically authorized in writing by The Lessor, such activities or structures shall be considered unauthorized and a violation bf Chapter 253, Florida Statutes, and §hall subject the lessee to administrative fines under Chapter I&M, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair to 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 IS herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ALOE. 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 PLO M LAWS: On or in con*ction 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 inbabited by a person or persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) ofthis 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. SAW--W G YESS1aLS: 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," when 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 ofthis 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 _ea......._.........+'M.......»U— «........t »r.......t..r. 9....eou .........»...�_tr ;Es: n BOARD OF MURM OF TIM INTERNAL i,¢,/JJ RAMOVELEM TRUSTYUND OF THE STATE OF FLORIDA Orig (SEAL) �'' Cr • � �1� f r w 1�1' BY: ame JeWIR. Ge tions end Memag4ent Consultant 1 Mmmgw, Susan of POHe Land Administration, Division of State IAmds. State of Fk" Department of Ong' Environmental Protection, as agent for and on behalf of the Board l of Tnu tesa of the b* and Improvement Tmat Fnond of the State l ofFkaida N e of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The SorW mg instrument was admowledged before me this day of 20 lO . by Jeffery M. Gentry Operations and Management Con 9tant Mansker. Bureau of PublicLL=dmbftratim Division of State i��ate of Florida Deoartmant of Eaviro cel Protection. as aRqftr ad on behalf of the Baetd of Tntstees of the Internal' .....ent ll'Ud FbW of the State of Fkdda. He is y m . APPRO AS RM A TTY': � 1�� Na I Pub&, ofMo ids �, i •DEP At Pt3utod. Typed as C Giftd Morro. My Commission o► r4 sea" MW?V"2 ConomissionlSei isl No. ES: ' Ste' of Sebesdaa Florida c Sall A. Maio, Original City Clerk of xeoudag Authority Ori / yled/Printed Name of Vrt=r-"�obert A. Giwbutg Ohrlature = UP x TypuMNintedName of Witness • STATE OF FlOrl& COUNTY OF bdiart River Ricl d H. Gjij w 'I j pecW mted Name of Enmting Authority ALayot Title of Exxuting Authority The fioregoing instrument was ackmowledged beibm me this 11th day of August: , 20 16 . by Righard H. (Mbnor as Nk= for and on behalf of the Qb of Sdmgbm, He is personally known to mepr whe•has predused _ a&idootifisafim 0 Boundary Survey for Submerged ,Land .Lease at Dabi-owski Marina Indian .River County, Florida Not Valid Wal bout All Sheets . f . 1 y f'A S 1f b, agq ccv. Lo• r a s 11 UJ N aI ca LLJ- —_-3 PROJECk\, LQCATIOM',, t C. r 4 :OV. LOT 6. EHAElE,[ TO*, STATE OF ORIQf BOARD OF USn THE fN?`ERIMAE IMP Sit eet 1. oJ* 7 Drawn bye tneci<ed by Rename Date.P t1G DMT 6483 4/ !! r T . f.r llltrrstt�dlet; Violet; Reid fi'Taylnr ,�rt� U ,IR, PROF,IMPIONW AMpiy vt?AVXWjWjPPBR.f" SW I,.lJIDJ'IIRYdi'rPIN(�B�7I�Fati`46#4 �'• .`f ; :r� e''� 4 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone:: (772) 564-8050 Fax: (772) 794-0647 s'dtlawing Name ';! 6483.DWG 1.. Boundary Survey - for Submerged Lana Lease at Dabrowski Marina lodiau .River County, Fldrida Not ►jatid Without-AH Sheets lF� R/W . RIGHT-OF-WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE' CB CHORD BEARIQG PSM PROFESSIONAL SURVEYOR AND MAPPER 4 DELTA N NORTH S SOUTH E EAST W WEST I? O:c. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING NAYD NORTH AMERICAN VERTICAL DATUM Le LICENSED BUSINESS FDEP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Pe PLAT BOOK PG PACE so. FT. SQUARE FEET LEGAL DESGWTI N FOR SUBMERGED LEASE AREA A PARCEL OF LAND LYING IN SECTION 6. TDwiMIP 31 SOUTH. RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PAR77CULARLY DESCRIBED AS FOLLOM- COMMENCING AT A NAIL do DISK'STAMPED WBZ AT THE INTERSECTION OF THE NORTH LINE OF PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 554, PAGE 596, PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA AND THE EAST RIGHT—OF—WAY LINE OF MAN MVER DRIM THENCE S25:39'00"I~ 182.97 FEET TO AN IRON ROD & CAP STAMPED LS 4644•AT THE SOUTH LINE OF 6!#W :TVN'S SUBDIVISION PER PLAT BOOK 1, PAGE 56 PUBLIC RECORDS OF ►NMAN RIVED COUNTY. FLORIDA- THENCE S887726'E ALONG INC SAID SOUTH LINE OF MIDDELTON S SUDIVOO N 116.14 FEET TO THE MEAN HIGH WATER OF THE INDIAN RIVER. THENCE ALONG THE SAID MEAN NIGH WATER THE FOLLOWING CALLS; THENCE N0730'150F, 32.14* FEET; THENCE N1336#f3'W •I589 FEET; THENCE N0274'86"& 42.88 FEET.• THENCE N2134'42"r~ t4.69 FEET' TD THE POINT OF BEGINNING,; THLwcE CONTINUING ALONG.SAID MEAN NIGH WATER N2$3148"W, 13.04 Fl T.• "FENCE LEAKNG SAID MEAN HIGH WATER N69V4'47"Iv 3141 FEET. THENCE N2119'470W, 120.07 FEET, THENCE N'6459'24'E, 122.46 FEET. THENCE N673i58"& 31.12 FEET. THENCE S21'11'23% 43 03 FEET THENCE S22'06'09"& 47.1E FEET, THENCE S2339'341& 4 7'0 FEEET, THENCE S6841'41 "W,. 77.52 .FLEET; THENCE; S25US'08"E, 2.35 FEET; THENCE S6753'24'W. 2227 FEET; THENCE S2435'54F, 3.63 FEET THENCE S67-W22'W,' 87.00 FEET BACk TO THE POINT 4OF BEGWNIN6: CONTNUWG 0.48 ACRES (20854.71 SO. FT) MORE OR LESS& I,l ee 2 0 7 • iDrawn br. Chechbd brl File nai CJG ONT 6453 t as*lle V . V4Men ,RMOr,f - Taylor ,Irrl_ 1695 27th Streak Suite 2 Vero Beath, .Florldo 3296Q . Phone: (772) 564 ;8050 Fox, (772) 794-0647 n T Boundary Survey for Submerged Land Lease at Dabrowski Marina Indian River County, Florida Not Vdid WUltout AM Shem REPI`aRT�� Y.• -TYPE or SURVET: BOUNDARY (THIS IS A FIELD SURVEY) •SURVEYOR IN R€SF'ONSIBLE CHARGE: DAHD TAYLOR P.S.M. 5243 •MASTELLER. MOiER, REED a• TAILOR INC. CERTIFICATE OF AUTHQRTZAAON LB. 4644 1655 27M S r. SON 2, VERO BEACH, FLORIDA 32060 PHORE (772) 554-0050 • THIS SURVEY AND REPORT IS NOT VALID WITHOUT INC SIGNATURE AND WE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ADDITIONS OR DELETIONS TO 1NE SURVEY MAP ANDfOR REPORT OF SURVEY BY OTHER $TAN THE SIGNINQ PARTY OR PARTIES IS PR6MBITm 1.NTTHOUf WRITTEN CONSENT OF THE tf=NG PARTY OR PARTIES • HORIZONTAL OONTROL ACCURACr THE EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL'STANDARDS 5J-17•FAd)_ IS SUBURBAN. THE MINIMUM RELAAVE DISTANCE' ACCURACY FW THIS TYPE OF-8 Y CONTROL SURVEY IS T FOOT IN 7500 FELT. THE ACCURACY OBTAWW BY MEASUREMENT AND CALCU LA710H OF A CLOSED GmETRiC FIGURE OR REDUNOANCY OF MEASUREMW WAS FDM TO MEET OR EXCEED THIS REQIARETaENT. • HORIZONTAL FEATURE AWIRACr TOPOGRAPWIC-LAND FEATURES (SIGNS, MATS. VALVES, MAILBOXES, PONfEiTPOLE . DRIVEWAM CULVERTS AND SIMILAR FrA WtES) HAVE A HORIZONTAL FEATURE ACCURACY OP PLUS OR MINUS 0.2S IE% ■ VER71CAL CONTROL ACCURACY: ' VERRCAL CONTROL AS ESTABUSRED FOR THIS PROJECT b7TE i5 ACCURATE TO PLUS OR MINUS QOS FEET TIMES THE SQUARE ROOT OF THE DISTANCE IN MILES • ELEVATIONS OF WELL-IDENiinED FEATURES CONTAINED Of 7WS SURVEY AN,D MAP HAVE BEEN MEASURED TO AN ESTIMATED VERIICAL POSITION ACCURACY OF PLUS OR MINUS 0.10 FEET. • DATA ACM37YON WAS OBTAINED DURING WE FOLLOWNC TIME FRAME OR DA7E 5/10 • THE BEARING BASE, FOR TIOS SURVEY IS AS FOLLOWST • A) ASSUMED I THE EAST RIGHT-OF-WAY LINE OFINMAN RIVER DRIVE AS DEPICTED. C THE UNE SCARS SOW25'391C • THE ELEVATTONS AS SHOWN ON IBIS SURVEY ARE BASED ON THE NORTH AMERICAN VERTUAL DATUM OF I9w. • NO iN$TTiUMENTS OF RECORD ReuviHG EASEMEm RICHTS•-Or -WAY Amolm OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN NO VILE OPINION 45 EXPRESSED OR IMPLIED. • THIS SURVEY DOES NOT COMFY TO THE EXSWVCE OR LOCATION OF ANY FU MDATIM UBURES, UNDFRGRMWD ENCTTOACHMENPS OR IMPROVEMENTS 09CEPT AS SHOWN. • UNLESS A COMPARISON IS SHOW lit4 r VALUES & MEASURED VALUES ARE THE SAME: . ALL MEASIAUVENT'S ARE IN FEET AND DECIMAL PARTS •THEREOF AND ARE M ACCORDANCE WITH 7HE STANDARDS OF THE UNITED STATES. • THE HORIZONTAL VALUES MOWN HtREON REFETL TO THE STATE PLANE COORMAN SYS70W FLORIDA EAST ZOdI MAD W (NGS ADJUSTMENT OF 1990) ESTABUMED USING RTX OBSERVATIONS THIS MAP IS 9'ITENDED TO BE DISPLAYM AT A SCALE OF 1 --GU •NOTED) OR SMALLER. 'BI ,sheet 3 df 7 • (Brown by-1 Checked byl - File nsi EX. - CMT 1 6463 .AfrrsA lkr, wader ,Reed :ter ylvr, IJr� • P�DPBS.f70N�lL.S'?IRl��ARS'efND�PPER.f' • W • • � I..�NASflRI�'Ifi�Bt1STNh5,�'#i�� 1555 27th Street, Suite 2 Vero Beach. Florida 32960 Phone: (772) 564-8050 Fox: (772) 794-0647 jr. 11 Boundary Survey for Submerged Land Lease at Dabrowsi i Marina Indian !diver Caun Florida Not VaUd RWMAHSheets MOMENT— .' �Y1? PfIRE TFROP.L!t'T�Y�7�'T�f l.L �1 FOUND N � DlSK 19 46 40.1•f ROK 1W h CAP.NBZ / ON PC Parcel Line Toble \ t r p W 40 tf. t !wigs a.a+m Ilk cra msw r3seLvV \ Lie Abs rlar wwy us W ISO— 4re \� !!1 190 :JI51'W 0 10V 2W 1 \• exa 1 e.+a 1 5KW4rE Sheet 4 0f ! Drawn by:, Checked by Fite name 47 ./ I CA I DMT b483 I r ¢ .sre11er,1Tlaler, heed & ?aytvr Irra " f I � ]a'[ FR4i�lilN�tLa'l!A'Y1�Pt'lRStIN�DALIPP.&1P.3" �• � �� !!! 1555 27th Street. Suite 2 Vero Beach. Florida 32960 99 Phone: (772) 564-8050 Fax: (772) 794-0547 ZDA4 Parcel Lkre Tpble (u e • ~ a flew L, • -VA nrMVM u goor www r !s 122/e ANSYft Is ar u• I MIM"t a was I MaTrj t• I v I 4704 att"W'r is 4L70 1+ 71.E eee+q'p7' llf�,,_ tx! I SSopebe'! r� - Wipe Name C. � jF•i s' d�1 Boundary Survey for Submerged Land Lease at Dabrovski Marina Indian- River Cotinty, Florida Not Valid Without AM Sheets SBr0flELfiYWPET.-Y1L SHORELINE OF SUBJECT PROPERTY 205'.+ .36`* NATURAL 18X 169':k HEADWALL 62% SHORELINE :SOUTH :� 135A ROCKS 129 947':k'NATURAL 8,9X SHORELINE NOR TH 421'.* NATURAL 39X 23 22X '4� RAW-4 TMENT 39X Drawn bye Checked by File name Dqke4- Sheet 5 of 7 CIG OMT 6463 fffa MA ffe, r Iffee,14f TiTY1471j, fire. PROF -PAU /N Lj" jZWPffJ7ffl9BZWRVff&F - 4V"41 1055 27th Street. Suits 2 Vero Beach, Florida 32960 Phonw. (772) 564-8050 Fox., (772) 794-0647 Boundary Survey for Submerged Land Lease at Dabrowski Marina Indian Biver County, Florida . Not Valid 07(hout All Sheets S"=WOFAX'STING INFAWP.F,M AITY — fYITBINI.�fS,S�IR.�- V UP-.f NDSTR ACTUR -Pl'WL r SEE SHEET 7 • L FOR DETAIL NOW a. �' � � sAarertxea �nw r per MF7t aaFs+m) / lk R� \ ►+iiP R� ROMP UTOr 1DWFIeD4�IQ� . 0 W 1W Sheet 6 q 7 Drawn by Checked by Fit name WG DNT . 6483 ustell�t; l oiler; ,Reed X- T97 Y&r, fire- . I• A .id,�YD'.f'URYf'PIN�BI��TNES'S #�64� - 1555 27th Street. Suits 2 Ysro Beach, Florida 32960 Phoner. (772) 564-8050 Fox. (772) 794-0647 Boundary Survey for Submerged Land Lease at Dabrowski Marina Indian Inver County, Florida Not Valid ` ldhout All Sheets �,r W - °1 +n:+w raw ss+ro� atry � - WYANI.-ate �uaa) 0 30 60 ree m: cerox _ AW Sheet 7 of 7 Oraan by: Checked by Fite name" �f�,I &A Vf a#,Nafie I C1G I OMT I 6483 .. HMO lllrrsrelle�; loler, lPeed d� Toj*r, .tr e. -IHE.. . t « ► WO ME A4r Z-'IJRI4'Pi! V�Y�ii A OA 1655 27th Street. Suite 2 Vero Beoch. Florida 32960 Phone: (772) 564-8050 Fox: (772) 794-0647 TVs forowwat heps,ed J%Fs.i Meer Rdm T✓. Awaiwm tfo.mr.a, aavkw C+wpoMkn 3812 Neu UmbftO A.a.r Tampa. Weft 3018 2D77463 AM12M THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS TRUSTEE'S DMW OF INDIAN RIVER COUNTY FL SK: 2431 P0:1286. PoWl of 2 7MS o rr• aK+a Wna, toads dt6 day of lure, AA 201% 071121E010 e411. 53 AM. D DOCTAX PD %ortteen 1AN I wRT V. Mo8RlSO, OR TREIS= OF $M.00 "m tummy Jr. DAMOWMa nutzvocma Tpwr iiriDiF,It REVOCAM ILrv)xo TR0.4r AGRioowawT DATIM JMY 17, JEFFREY K BARTON. CLERK OF COURT 2007, wl,oae addaeaa is 28E26 Ramblewood Dive, fsemoegton Hill% within h RIvw �ty Florida, stop mull g addom is13 5 W Main 9aeer."Moiko.Fkxi&XMI1, Oummq (Wkmvw wet Mnk ree WM' rmpsr" and 'parer• Iuirde 4 tie p wit a Isis bmmmms OW Wr Mbt. 1qd r p,w..md.% mm mws ad a,dP,• 'C-6am' w,d'00~ an wad Or lepatw and pbm as die comm tgetra a.mas on Grow Pau bw&* SU aesdm>4 irauesuaa..a: TIM the saidditaater for modin . , , f \,, e f dw smmn of Tm >laRem and Ober toad sad valsabk Go 91aemdaee, to artd GmxA r is band paid by maid Ormotoo.' the gec*z whareef is bemby dbamby -Wm RIEaJ6 med.gpibeMm tubo d old �► �all fit: t, ti W=L d" �ttblabies tba Meld U mer bad in and tO dw M w* deariWed lad simuk tying and being br Indian River Com y RoriN, *,pit: SM Tu" blbll •Am uttasbed herto ad by rdbmmrei madil Pair bonL Xv iiijWci top nc ardds rs Trosmes semie4 d Al sa l�plea do the dam of the ftapergr d mgxd basin Ball be Dcdam e, QE R&Wimlvs CWAMM teca dw it, dw Public Rmaorda Of ladies Rives Ccue% Floe &'ibex mvwmw Mod raarkdoos sball rm e3tb the hop rw basin deswlbed Haag vtttaoe ooad�oo of the Deebtrnionof Mteefriaiw CtYveagxs is violated by'the Oratta etbysome ebLd ppruetyy with w MWMW of me Grantee aid dw Gnmm dons bot aoaerc tits violodoa powsm to An Voclutdoe of Bestrimive (bvmurts, RM si-rple Bde to aR iotarate is the Arojeat Site abrll becomwayed No the Barad Of 7h=m of do &norm d httprevemexT,ns Food of Sae o[i1vdda in aeoordsom with Opp= 380. PM IQ, Fiends Slamtet. TO RAW AND TO $OLD the same wWw whb ail aid siogulet da appurtnmom &meow bdom-cc in errya»s sgparalnb� sad MR the!/tit6 ritht, tide. .1W. GgWW and Virile aiotsosvmr of tla aid Ci MAW eider k law as may. tp We -*props -m beeaRi nerd beboofoftbe said Gm ,forever. TMU D30w & ai'm ed puastant is -din a mcim eE the potter and m6ocityponvedw Mad vcr ad in said Tmuee by tie tatms ef's(d deedf or deeds in oRstt dalirewd to Laid Tnpree inpaemwee of da 7iast wtrceasmat Mbo,r. sendoead. Tltb deed is made sweet m tuft ad Yea fa the yew 2010 and years dereaft Mad s Wect w emsamou" end reteisdaae ofvSov4 i3'agy. Tbis t+oaveyanoe is setbjarx to txaemmo, raalrmims, llmituIVae sad coadiriwn oitxead iL my novr a &, brat soy such hamrests that 6Wlave beer, memo pd ate not busby arhapm& fined clam d ic chhomemd pmpaty offbe Oramor(o, oorcomiguess to boma nd property, si seed homestead is IN V/1 •NIM VAMM AF the Gremarbosbergentoset G,anroe'4bend and seal. die day and yeer fim &bone MAN& Sly aealad and delitered in Ike 4: 77 • mes � JS W PX &p-/ 4.. 6;v �� ) ri=4 oratauyted mme of d srMese3 ers,str�� Rerbmrt v,1JQostisoa.8ateeuoBacseseorilrmstato�f tYe�^ Hem? J. Dsasavvs{d lrrt %tWAa Trot W-Rt—ble Ltvh g Trast Ap w imt dated JelyA 200`J bTAT'COF MUld,AtJ COUP OV _ W-RVAJ Ly t:. itaauoofegttves.,;d.:.. 'i.�•]befasnathk�V,yaf �lti1C- 20I0.byHarbMrlV.MorrTwa, ;. = of the Rettry J. Dabtbwtld Irtevoable 2�mst 1�derRavocaile i:� Te•tut Apraaoptt dated Jnb M17, .n '• •,y `+ . e�� ram•?' b uced i kovo me, Ciimot Ibtare. r, %r. `, �•.: yr�;' Suteo M r:',a.'Jibl ®C11�I 'DiSfATE ��f°�� . ��' tea•"• J.�.►� ;° �•r (Premed. Typed or Soeved Nurse afTbuCv°`1W1Yf)F �pqE (fi ,x . ' ?•$' Coaaoittim lbryMec i ,., _ � ."�/t�fG/17)1,}'."iS EXHIBIT "A" LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT Z BLOCK 1, MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 66, PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. . BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE EAST RIGHT-OF-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 118'413T ALONG THE EAST RKiM-OF-WAY UNE OF WDUW RIVER DRIVE, A DISTANCE OF 184.76 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED "r; THENCE RUN EAST 10• NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN'RIVER; THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH UNE OF MIDDLETONS SUBDIVISION AND THE HIGM WATER LINE OF THE INDIAN RIVER; THENCE WEST TOTHE POINT OF BEGINNING. BEING A PART OF GOVFJRNMENT LOT 1. SECTION 6. TOWNSHIP 32.SOUTH, RANGE 39 EAST. TOGETHER ik" 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. • CJ 0 0 Attachment 4 — Deed for Hurricane Harbor Submerged Lands • itf7irwraal of Ws. gAnn y �ii��'�: �I�I�a �lu.:•1• Aunb tateofv AIL MM BY" rFRMU tl�e 4x - m. ly.apww o! rb. lataeal bm. ! FWW of the � of Ykdda. � 64 a 01 . tR 4 In e:md�ths of 0s .® a Ona_Jiur�drgd, swaav and SA- - - DtHI,ARB�b, isbamaDafdby CAtrlls A._}Mfley and afttL s- ]MeelstY otyr Oaroty aL - Indian fiver _, si to tr trierida haw O"d4 bayiied fad odd, and do bF thoa lI Poor+ hawada, u4 and CMW, MID the MU Chillies a. "=W $i 3ee43.67 ad - their Wm md sw4oi� }Si A parcel or submerged land in the T1341" River fn Section 31, T"nsh South, RSA$a 3� Pe.e+, Indian River Coanty, more psrtis IT detol*ibed as laws% MR the point at lntorsectiet,or the south life or goverment Ut 2 Ot said 8eoCio4 31 and UO MMIAS Grant Line Lean North 8g• 401 "" 3ptat alar�g_.%be said south line or , "-., t Lot P. a 4latanee Or 787. lest, am* 6r 1a158, to the mesh hio rater work on the West bank of the Indian River for the.p.O.S.) E Korth 70' 45' Seat a diatame of 145.0 tests thenoe rth 190 15, Hest, a distanoe in 165.0 teat; thence South 70. 4gg' Vest a 41RUJ0e Or 135.0 feet, morn or less, to the mean bight wiser awk or the indUA Rivery thence soatbaasterly along said *pan high rater msrtt a distanes or 165.0 feet,M more or lees, to the P.O.D., w • N aaoe.inlr - " 0.53' aewa* SM w left ass t1ifts a" buns lR $ a Ouaefy 0 Indian R17oa hl rdd Sk" of 7ladda to BAVi AND 70 IMED On �abok onW tci dra§*d , ire lour. "M goprivCese la mica addip tbeY at =W be 64 oo w aabo" dd � t OTRM SBSMATTOIlila Bone ti••tletr ant eel w5Mik. JGj wm LREII�0MMaTur ' M 7a Sf40M to be Mmab kawd. at"Cgdlol, fa go ft of Tattwow, eo ah n,, 5th, `_dyr of • aerlbeMPser • n %M—aa...ar ...: 1`itLn..LtiaLB M*MLF.FUNP tt����J ' r i lARifir�' O1 rlG fJ Tt= r !1,7r — A,Tl V �: . i6SAL) �EA7OF ♦i CHAIN SHEET • Fund File Number: 32-2009-1046 Provided For: Brinkley Morgan Solomon Tatum Agent's File Reference: 014151-09001 EffectrveDates: From September 17,1953 at l l :00 PM To November 16, 2009 at 11:00 PM Description of Real Property Situated in Indian River County, Florida. See Exhibit A attached. The entries on the following pages) affecting the above -described property have been recorded among the Of vial Records of the county during the time period covered by this search. This chain is prepared in the same manner as our abstracts as Indicated by our certifrcate and does not alleviate the necessity of an examination of the complete Instruments or court proceedings indexed A 20=year name search has been perforated on parties acquiring an interest within the time period covered by this search. Parties acquiring Interests prior to the beginning elate of this search and continuing in said Interest after the beginning date of this search, have been searched from the beginning date The information provided herein does not Include a search of federal liens and judgment liens fried with the Florida Department of State pursuant to Sea 713.901, et seg., F.S., and Sea 55.201, et seq., • F.S, respectively, which designate the Florida Department of State as the place for fling federal liens and judgment liens against personal properOt For insuring purposes: 0 (a) Pursuant to Sec. 713.901, et seq., F.S., personal properV Includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' Interests, and options when those interests are held by a parigership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal propero includes, but is not limited to, leaseholds, interests In cooperative associations, vendees' Interests, and options regardless of the type of entity holding such interests, Including individuals: (Note: Mortgages leave been specifically excluded from the personal property Interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) Prepared this 3rd day of December, 2009. ,Attorneys' Ti lde Fund Services, liC Prepared by: Frances D. Bold, Senior Examiner Phone Number: 1-800-637-0767 ext. 5213 Page I of 3 Rev. 07/09 CHAIN SHEET Fund File Number: 32 2009-1046 • 1. Book and Page: OR 48/502 TOI. Deed DOF. 09/17/1953 First Party: Trustees of the internal Improvement Fund of the State of FIorid& Second Party: Charles R. Beesley and Robert E. Beesley 2. Book and Pager OR 274/246 T9OI. WD DOPE: 01/09/1968 FirstP": Robert E. Beesley Second Party: John C. Palmer 3. Book and Page: OR 332/48 T OI: WD DOE: 10/31/1969 First Parry: John C. Palmer and Elizabeth T. Palmer Second Party: Net Bay Seafood, Inc. d. Book and Page: OR 492/280 TOP QCD POP; 06/06/1975 First Party: Robert E. Beesley Second Party: Charles A. Veltman and Mary Veltman S. Book and Page: OR 492/282 TOl: QCD DOF: 06/06/1975 First Party: Inlet Bay Seafood, Inc. Second Party: Charles A. Veltman and Mary Veltman 6. Book and Page: OR 492/283 T 101: QCD POP: 06/06/1975 FirstParty: Charles A. Veltman and Mary Veltman Second Parry: Inlet Bay Seafood, Inc. • 7 Book and Page: OR 673/1835 7VI. WD DOF: 10/28/1983 First P": .Inlet Bay Seafood, Inc. Second Party: Sebastian Harbour, LTD, A Book and Page: OR 2019/754 TOUT: WD POP: 04/10/2006 First Party: Sebastian Harbour, LTD. i Second Party: Sebastian Development Company, LLC, and Thomas Truong 9. Book and Page: OR 2243/268 TOI. CT DOF: 02/1.9/2008 First Party: ' Second Party: Advanced Electrical Systems, Inc. IOL Book andPage: OR 2306/2467 TOI.• CT DOM IV04/2008 First Party: Second Party: Sebastian Harbour, LTD. and Dancu Holding, Inc. Is Page 2 of 3 CHAIN SHEET • Fund Fi eNumhen 32-2009-1046 EXHIBIT A • • FROM A POW OF BEGINNING AT THE WIMECTTION OF THE SOUTH LINE OF GOVERNMENT LOT 2, OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND THE MEAN HIGH WATER MARK OF THE WEST BANK OF INDIAN RIVER, RUN WEST ALONG SAID SOUTH LINE OF GOVERNMENTAL LOT 2, A DISTANCE OF 80.05 FEET, MORE OR LESS, TO THE EAST RIGHT -OP --WAY OF OLD U.S. HIGHWAY NO.1, SAID RIGHT -OF --WAY BEING 66 FEET; THENCE RUN NORTH 25-22, WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 71.45 FEET, THEN RUN EAST, PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENTAL LOT 2, A DISTANCE OF 94.89 FEET; THENCE RUN NORTH 70045' EAST A DISTANCE OF 132.03 FEET TO TIM ESTABLISHED BULKHEAD LINE; THENCE RUN SOUTH 25022' EAST ALONG SAM BULKHEAD UNE A DISTANCE OF 66A3 FEET; THENCE RUN SOUTH 70.45" WEST A DISTANCE OF 145.50 FEET TO THE POINT OF BEGINNING ON THE MEAN HIGH WATER LINE OF INDIAN RIVER AND ON THE SOUTH LINE OF SAID GOVERNMENT LOT 2. Page 3 of 3 Attachnwmt 5 - Hurdeam Harbor Operational Roor Plan - - t"l Bafto n' - a-- Eu1t b Daft I ► NCWlh I � Covered We idng Area f I HWAMPrl-lnp I L•- • t � 1 I I - •_ _ _r ra_ t ; Cald IiownhN i � t 1 EATERY MULTWSE AM i; „ (NOtiMMINANGWOUt- tMUSEWMDISPLAYS .. a— __.... _ i it TAt=SHALLSEAINO i t MORE THAN 5 i8 EATERY KiCHE N � • - - -- - - - _ � Rattng -� • ,Aloud Deck FISH MARKET F SERVICEB� Fi AREA F'd i t SToo48) COVERED ENTRANCE �- MUSEW OPEN AREA _ KEY ----- - - - --- -- -- _ o 13FISH WUUN T u OFFICE U 1 0 EITEIRY SERVICE AREA 13JOltlU5EIt1Tp1B1-EATEIRIRRefttttARISET I ❑ MUSEUMAREA-11 MnEUMAMANAYHE 114WUfiH WFACLUY 21 PROVIDES FORAREAS FOR EDUCATIONAL A" -ME MAt lEs JOFNP USE ASMAS FORALLACTMT Ee AT FACR rra ~.— g I &dW Site Pltn & Proposed hnprovemorns Attachment 6 T' c 'JL E a"Lg & STODDARD. LLC. � a[..ma�rwcn+nm'1piei's a e.e��[u io�osie. IiN lRM M� RVp„ dN11C ili ,ln A7R(fl♦.�@ M%TQ7.;�jp �1 N.ORCti � _. • Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite.232 Orlando, Florida 32903-3767 BY ELECTRONIC MAIL nk@)euro6O.comn Sebastian Harbour Ltd and Condor Enterprises of Palm Beach Inc. and Dancu Holding Inc. c/o Norbert Kreryer 16 NE 4h Street.. Suite 110 Ft. Lauderdale, FL 33301 Re: Indian River County - ERP OGC Case No. 06-W91 Case Closed Dear Mr. Kreyer: \dfOtil�. ♦.1Lll Oovcmar JeffKottkamp U Govmnor Michael W. Sole Secrefary This letter is to inform you that the Department's enforcement case agaftmt you has been closed. You have brought the subject property into compliance. Should you have any questions regarding the above, please direct your inquiries to me at 407/893-3993 or at the letterhead address. Thank you for your cooperation in resolving this case. Sincerely, r r,.v+��--- Pamela Amman Environmental Manager Compliance and Enforcement Submerged Lands and Envit+oxtmental Resources Program Aaril30, 2010 Date cc: Ahssa Meyers, FI}EP Lea Crandall, (UGC Kris Tullocl4, Central District Rebecca G roball, City of Sebastian, (rvjohaU*dt ofsebasdat mr,) • Eugene Popow, dbriAllyllsouth.net) IL W G E 0 d: i3 J c es a E 0 V Crist Florida Department of Go Environmental Protection Jeff Koffl mp Central District Lt. Govemor 3319 Maguire Boulevard, Suite 232 MICheal W. Sole Orlando, Florida 32803 3767 geffetuy rt111016s0 MAIL 9171M 21M 3936 6376 8770 Henry J. Dabrowski Irrevocable Trust MA July 17, 2W7 c/o Herbert V. Morrison FBO Henry J. Dabrowski Trust 28826 Ramblewood Dr. Farmington Hills, W 4SS34 Indian River County OGC File No. 09 3161 ©ose Letter Dear Mr. Morrison: OCD-ERR 10-M28 Enclosed is the signed and entered C mmt Order to resolve the above referenced case. This copy is • for your records. You have satisfied the terms of the subject Consent Order.. The subject eon=tive actions have been completed at your facility, including the execution of a temporary use agreement (TUA) and payment of lease fees in armrs. Your facility is currently in compliance. Please be reminded of the terms of the TUA, which specifies that a sovereign submerged land lease shall be applied for and obtained within six months of the '1'UXs exxecu tion. Should you have any questions regarding the above, please contact Sirens Davila • at (407) 894.7M, x2246, at the letterhead address, or at Sirena.Davila0dep.state.fl us. Thank you far your cooperation in resolving this matter. AW/sd/df Enclosure Sincerely, A���n�tku�s Submerged Lands and Environmental Resources roes Perrnitting Date: 3 -7-1-1 o •cc: Steve Gutman sgutman®bodmanlip.com) Rebecca Grohs Growth Management Director, City of Sebastian (rgrohallQdtyofsebast3an org) Kristine Jones, OGC Lea Crandall, Agency Clerk Kris Tulloch, DEP FCT Contract Number Q�-CT- El-08-M•f11-WO • FLORIDA WWWRIbt HU TRUST 08-003-WW1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE CSFA # 52.013 STAN MAYFMD WORKING WATERFRONT GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COh MUNITIES TRUST C'FC M, a non -regulatory agency within the State of Florida Department of CommunityAffeirs, and the CITY OF SEBASMAN, a political subdivision of the State of Florida ("Recipient!). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the inteat of this Agreement is to impose terns and conditions on the use ofdw Florida Fore= Funds, hereinafter desertbed, and the lands acquired with such proceeds ("Project Situ% that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trost Act, creates a • non -regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their c omprebensive plans or in cone rvingnabuil . i^.Ww. „w and resolving land use oanflicts by providing finanaal assistance to local gove mme nts and nonprofit environmental orgamzations to carry out projects and activities authorized by the Florida C..'-- �....:esTrust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of two point five percent.(2.50Aj less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local gova7mments and nonprofit working waterfront organizations for the acquisition of worlang waterfronts; WHEREAS, the Florida Forever funds may be issued as tax-exempt bands, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax peen; WHEREAS, Rule 9K-9, Florida Administrative Code CT A.C.') sets forth the procedures for the evahation and selection of lands proposed for acquisition and Rule 9K-1 D, F.A.C. sets forth the acquisition procedures; Art Mno SM"- GC -1- WHEREAS, on January 29, 2009, the FCT Governing Board evaluated and scored the • applications -to develop a rauleiag list of projects Vo Vega Ito lhb Board' of T-malees of Litemid Improvement Trust Fund; WHEREAS, on April 13, 2009, the Board of Trustees of Internal improvement TMd Fund selected and approved the projects which will receive funding; WHEREAS, the Recipit es project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K 9, F.A..C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K 9, F.A.C. authori m FCT to impose conditions for funding on Those FCT applicants whose projects are selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the entire Proj ed Site has not yet been negotiated for acquisition, some elements of the project are not yet known such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. NOW THEREFORE, FCT and the Recipient mutually agree as follows: • I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall and Aprfl 15, 2010 ("Expirration Date'), unless extended as set forth below or unless terminated earlier m accordance with the provisions of Article XM of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that sigaificant pr+ogras is being made toward the acquisition of the Project Site or that extenuating circumstances warrant an extension of time. If FCT does not grant an extension the Recipient's award shall be rescinded and this Agreement shall terminate. 11. MODIFICATION OF AG AMIENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. M. DEADLINES i . At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallabassee, FL 32399-2100, as soon as possible and before May 15, 2009. - If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an o$4wwwi APB 25, UP original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, • r.�#an �n�.�..y.:ssui;t.�l #het c�pi�s:lhat.have_been.meted::totlie:RAacapi+eat.:... : 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associeW with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Site maybe acquired in an expeditious mariner. 4. No later than May 15, 2009, the Recipient shall deliver to FCT it written statement from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT, ifnot previously provided in the Application. No acquisition activity shall be commenced prior to FCT receipt of this statement. 6. No later than May 15, 2009, the Recipient shall deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FM pursuant to Rule 9K 9.009(3), F.A.C. No acquisition activity shall be commenced prior to FCT receipt of the executed. Confidentiality Agreement. IV. FUNDING PROVISIONS • 1. The FCT Florida Forever award granted to the Recipient (FCT Award') will in no event exceed the lesser of Percent (901/6) ofthe final Project Costa, as defined in Rule 9K-9.002(171 F.A.C., or Three Million One Hundred Sixty Three Five Hmdred Dollars And Zero Cents ($3,163,500.00) unless FCT approyes a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. FCT will not participate in Project Costs that exceed the grant award amount. The FCr Award is based on the Recipient's estimate of final Project Costs in its application. When disbursing the FCT Award, FCT shall recognize only those Plged Costs consistent with the definition in Rule 9K-9.002(17X F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. 7be FCT Govmrag Board ranked and the Board of Trustees of the Internal Improvement Trust Fund (wr nstemn selected the Recipient's Application for funding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award ifthe acreage that comprises the Project Site i9 reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K 9.009, F.A.C. • "40&T wr Apse is, 200 Ed" - GC -3- Ifthe Project Site is comprised ofmultiple parcels and multiple owners, then FCT reserves the right • ...o.f to witlldPaw•adj orust#hes �FCI' Award if thel3riortity P�(s) oi• a sigidfira�rtt porison the e Site cannot be acquired. 3. The FCT Award shall be delivered either in the form ofPtgect Costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Pro ect site., payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursementis consistent with good businesspnactices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT Award that c---,,,,,, ,...,ds to the parcel being closed. FCT shall prepare a grant reoouc iation statement prior to the closing of the Project Site parcel that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statemenst. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9IC 9.OU2(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the dosing of each parcel the share of the Match that corresponds to the parcel being closed, Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. • 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCf Governing Board selection meeting results in a governmentally derived higherProject Site land value due to an enhanced highest and best use, FCT acquisition activities shall be terminated unless the Seller agrees that the appraisals) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FC rs p erh manse and obligation to financially perform pay underd& Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 8. FCrs performance and obligation to financially perform under this Agreement is contingent upon the issuance of Florida Forever Revenue Bonds issued by the State of Florida and of the proceeds of the Florida Forever Revenue Bonds being released to the Department. V. NOTICE AND CONTACT 1. All notices provided under or purnma to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mast, return receipt requested, to: • 08403-wwi AV* 14 2M SWWW - GC 4- • Florida-CoMMrnities Test 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2. All oontact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact an behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Rebecca Grohall Title, Growth Management Director Address: 1225 Main Street Sebastian, FL 32958 phone: (7721388-8228 Fax: (772)388-8248 E,Mai1. rgroball@cityofsebastiati.org 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in mmection with this project on behalf of the Recipient, including, but not limited to, the Grant Contact or any • addehda thereto, pu rchasa agreements) for the property, grant reconciliation statement, dosing documents and Declazadon of Restrictive Covenants. Name. Al Minner Tide City Manager Address: 1225 Main Street Sebastian, FL 32958 Phone: (772)388-8200 paX: (772)581-0149 Email: aminner@cityofsebastian.osg S. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 6. The Recipient hereby notifies FCT that the Racipient's Federal Employer Identification Nunbea(s) is 5 9- 6 0 0 0 4 2 7 ®a-os3-wwx ApA la, 2009 SId" - GC VI. PRE -CLOSING REQUIREMENTS • Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real estate transaction(g) to acquire the Project Site and final disbursement of the FCT Award, the Recipient shall submit to FCT; a. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. b. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. C. A signed statement by the Recipient that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. d. Additional documentation as may be requested by FCT to provide Reasonable Asswance, as set forth in paragraph VIIA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 3 80.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executes the purchase agreement for acquisition ofthe Project Site, further des =bed in paragraph V1. La. above. • 3. All reel property shall be obtained through a Voluntarily -Negotiated Transaction, as defined in Rule 9K-9.002(42). The use of or On -cat of condemnation is not considered a Voluntarily- Negotiated Transaction. 4. Any invoices requested, along with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. Interest in the Project Site shall be titled in the Recipient. 7. The transfer of interest to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule Chapter 9K-10, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient has complied with all Purchase Agreement requirements. 8. The deed transferring interest of the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. VH. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate transacction(s) and final disbur =ent of the FCT Award, the Recipient shall submit to FCT and have Ap R 16, 2M 3MW W - GC r6- approved a Management Plan that complies with Rule 9K 9.010, F.A.C. and addresses file criteria md. mOpp W ►0106 VU,Vl . 1 x• The - to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs prior to the closing date of the real estate transactions) associated with the Project Site and the disbursement of the FCT Award. 2. The Management Plan explains how the Project Site will be managed to fm*er the purposes of the project and meet the terms and conditions of this Agreement The Management Plan shall include the following: a. An introduction containing the project name, location and odwbac(ground information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. C. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. d. A scaled site plan drawing showing the Project Site boundary, existing and proposed Physical improvements. e. A description of proposed educational displays and pcwgrams to be offered, if applicable. • is Aschednleforimplementingthedevelopment andmeWementactivitiesof the Management Plan. g. Cost estimates and finding sources to implement the Management Plea 3. If the Recipient is not the proposed me wo% entity, the Management Plan shall include a Biped agreement betweenthe Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to f rther the purposc(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership. the Recipient shalt also provide FCT with the mterlocal agreement that sets forth the relationship among the partners and the fiscal and managementresponsiibilities and obligations incurred by each partner for tbeft)iod Site as a partof its Project Plan. 4. To ensure that future management frmds will be available for themanagement of ft site'In , perpetuity pursuant to Section 259,105 and Chapter 380, Part UL F1e.Stat., the Recipients) shall be required to provide FCT with Reasonable Assmmoe, pursuant to Rule W-9.002(M. F.A.C., that it vas the financial resources, background, qualifications and eompetmoeto managethe Project Site in, .,',.11-%-', in a reasonable and professional manner. Where the Recipient is a Non- profit Working Weterfiomt Organization and does noti AAG at least one Loeat 0ovemment partner, os•oWWw1 • AV916, 2W Ed"- GC -7- FCT will require the Recipient to establish a management endowment in an amount sufficient to • ensure.peri'osmaraa , :and -provide a -guaranty-.or-pledge by the Loaal:QiDvenznw%°the-Waw Management District in which the project is located, or a managing agency of the Board of Truitees to act as a backup manager to assume responsibility for management of the Project Site in the event the Recipient is unable to continue to manage the Project Site. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereofnot in confomrity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Major land alterations shall require the written approval of FCr. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs or land alterations will not adversely impact the management of the Project Site. FCI''s approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K 9.012, FA.C., each year after FCT closes on the Project Site, the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT` CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to iall sites acquired with FCT fimds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoringpoints or observations made by FGT staffdur ing the site visit descnbed in Rule 9K 9.007, F.A.C.: l . The future land use and zoning designations ofthe project site shall be changed to Working Waterfronts or other similar category. 2. A permanent recognition sign, at a : *�, , . , size of 3' x 41, shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds fivm the Florida Communities Trust Program and the Recipient. 3. At closing, the existing submerged land lease will be transfer to the Recipient. 4. Prior to closing, the Recipient will provide a letter from the Department ofEnvironmenW Protection stating the Current land owner is in compliance with Chapters 253, 258, 373 Part TV and 403 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetshp oerdficatiion forms are current or that the facilities or structures are not subject to a state sovereignty submerged land lease: 08403.wwx 40 Awe is, soon BMWW - GC -8- 5. Annually the Recipient will provide a letter from the Department of Environmental <l +o coon stating the:Reeipiant is3n;.eomplianue with apte 2 , 258i-373-Taurt-W•and403 Florida Statutes and the submerged land lease for all facilities or structures on the Psgca Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities. 6. One of the existing buildings on the project site will be used as a woddng waterfront building and the other as an educational site highlighting the cultural aW historic heritage of Florida's traditional Worlang Waterfronts. 7. Permanent structured displays of artifacts and other items shall be provided that provides information about the economic, cultural or historic heritage of Florida's traditional Working Waterfronts 8. interpretive kiosk or signs shall be provided that educate the public about the economic, cultwral, or historic heritage of Florida's traditional Working Watacfionts DL DECLARATION OF RESTRICTIVE COVENANTS REQI[T NTS 11"OSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Prged Site to which theRec ipicut acquires interest shall be subject to a Declaration of Restrictive Covenants describing the parcel amd containing such covenants and restrictions as are, at a minimum, sufficient to ensue that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla Star; Section 11(e), Article V11 of the Florida Constitution; the applicable bond indenture underwhich the Bonds were issued; and any provision of the Internal Revenue Code or the regWations pmm ulgated thereunder that pertain to tax exempt bonds. T e,DedarationofRestridiveCovenantsshallcontaineiwasesprovidingfortheconveyance of interest to the Project Site to the 'h utees, or a Nonprofit Working Wate✓r&oiat Organization or government entity, upon hilm to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Dedaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Dwlaaatkm of Restrictive Covenants shall be executed by FCT and the Recipient at the time ofthe closing of the Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. if any essential tear or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mad our registered expedited service. The recipient shall diligently commence to cure -the violation or complete mning activities within thirty (30) days ahwreceipt of noboe of the violation Ifthe curing activities can not be reasonably completed within the specified thirty. (30) day time flame, the Recipient shall submit a timely written request to the FCT Programoi Managegr that inchAes the status of the correct activity, the reasons for the delay and a time f me, for the completion of the curing 06-HO WI APO L% 2M tasww - cc -9. activities. FCT shall submit a written response within thirty (3 0) days of receipt of the request and • -approvabshall not be wreaso-nably-withhekd:.1tis FC-T s-position thiat aB- mn g°wdvitfes� i be completed within one bundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) daytime frmooe or (b) the time frame approved by FCT pursuant to the Recipient's request, all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with, another local government, Nonprofit Working Waterfront Organization, Water Management District in which the project is located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4xe), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECrPVV T AS A COMMON OF PROJECT FUNDING 1. The interest acquired by the -Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, interest to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local govm mcnt,NonprofitworkingWaterfontOrganization,WaterManagementDistrictinwbicbthe project is located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the Project Site. • 3. Following the acquisition of the Project Site, the Recxpieat shall ensure that the fatuse land we and zoning designation assigned to the Project Site is for a category dedicated to working waterfronts. If an amendment to the applicable comprehensive plan is required, the amaximent shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site, 5. The Project Site shall permanently contain one sign recognizing FCT's role in the acquisition of the Project Site. M. OBLIGATIONS OF THE RECIPIENT RELAMG TO THE USE OF BOND PROCEEDS I . FCT is authorized by Section 380.510, Fla. Stat to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use ofFlodda Forever Bond proceeds including, -without limitation, the provisions of the hornal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed trannsactions, events, and circumstances may have negative legal and tax consequences under Flmidalaw and federal income i 05_00SMWI Ap4 L%2M M W W! GC, -10- tax law. The Recipient further agrees and acknowledges that these disallowable activities may be • allowed.up,to a•r od. atbbased'on-guidedintes orustsoudined4nthe Fedesral•P&M—Attivity regulations of the internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non -governmental person or organization; b. the operation of any conoession on the Project Site by a non -governmental person or organization; C. any sales contract or option to bay or sell things attached to the Project Site to be severed from the Project Site with a non -governmental person or organization; d. any use of the Project Site by a non -governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site fiam that use expected at the date of the issuance of any series of Bonds from which the diaburseament is to be made; f. a management contract for the Project Site with a non -governmental person or organization; or gr swl other; activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, of er its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events or ciarcxmnstances, and shall provide to FCT such information as FCT reasonably rogoests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the evwt that FCT determines at any time that the Recipient is angaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or c gnu the cessation of the disallowable activities upon receipt of vMtten aotice from. Mr. In addition to an other rights and remedies at law or in equity, FCr shall have the right to seek temporary -and permanent injunctions against the Recipient for any disallowable activities on the Project Site, DELEGATIONS AND CONiRACrUALARRANOffiv1E MBETWEENTHERECMIENTAND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMIENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT TIM CONDITIONS W POSED HEREIN ON THE PROJECT SITE AS A RESULT OF UT)I..IMG - • as_aoc-wwi Apt 13, 2M sMwW — GC-1 l- BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACn- NO RARTY. I2III. RECORDKEEPING; AUDIT REQUWY VIENTS I. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted aecountingprineiples, to account for the receipt and expenditure of funds under this Agreement: These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personmel duly authorized by FCT. "Reasonable° shall be construed according to the cxrcurostances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal yearin accordancewith Section 215.97, Fla. Stat, the applicable roles of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass- %=gh awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit • complies with the requirements of Section 215.97(7), Fla. Stat This includes submission of a reporting package as defined by Section 21597(2Xd), Fla. Stat. and Chapter 10.550 (local govemment entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the FCT grant funds because the determining factor of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 69I-5.0042M, Florida Administrative Code, the determination of when State financial assistance is expended should be Rased on when the activity occurs (the activity pertains to events that require the nonstate entity to comply with contracts or agreements, such as expenditure transactions associated with grants.) Additional prior fiscal year expenditures of State financial assistance should be added to total expenditures of State financial assistance previously reported for the prior fiscal year to determine if the threshold was exceeded. If so, the nonstate entity should take appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida Single Audit Act. 3. if the Recipient axpe & less than $500,000 in State financial assistance in its fiscal year, an audit eonducted in accordance with the provisions of Section 215.97, Fla. StaL is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 21 S.97, Fla. Stat., the cost of the audit must be paid from non -State fimds (i.e., the cost of such an audit most be paid from Recipient funds not obtained from a State entity). i 09403..VVM AP2is, 2W 5MWW - GC 42- 4. The annual financial audit report shall include all management letters, the Recipieds • response .to ell. €mdinffisI including �. ocractive actions- to. be•;tsken -:and a nredale of fimansial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor Genenl's Office Room 401, Claude Pepper Building l l 1 West Madison Street Tallahassw% Florida 32302,1450 5. Ifthe audit shows that any portion of the fins disbursed heicander were not spent in • accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agent provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Re*akt shell retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have bem resolved 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat performed by an independent certified public accountant ("IPWwho shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIIL DEFAULT; ROWIRS; TERNONATTON l . If the necessary funds are not available to fund this Agreement as aresult of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur C of Default"), all obligations on the port of FGT to make any Mier payment of funds hereunder shall, if FCT so elects, tcm*We and FCT may, at its option, exercise my of its remedies set forth • o903-WW1 wpA is, 2W mom- cc -13- herein, but FCT may make any payments or parts of payments after the happening of any Events of • Defaultexerc►se-su tb make any fiuther payment. The following constitute Events of Default: thereunder; a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any, document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the team of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; - a If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. • 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely care, exercise any one or more of the following remedies, either ooncurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforoe perrfomna nceof this Agreement; C. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack ofperformance or issuing a written -• 0503-wwi APS ls, 2W sMww , w -14- warning to advise that more serious measrues maybe taken if the situation is e. Exercise any other rights orremedies which maybe otherwise available under law, including, but not limited to, those described in paragraph DL3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient, Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; fmim to perform in a timely manner; faa3ure to make significant progress toward the closings) of the real estate transactiou(s) and Management Plan approval; and refusal by the Redpienn to pmmit public access to any dom meat, paper, letter, or other material subject to disclosure under Chapter 119, F1a.Stat:, as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt hom the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agre w4 at is executed, then as provided for in Sections 125.355(lxa) and 166.045(l)(a), Fla. Stet. 4. FCT may terminate d is•Avvemeaat when it deteamines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commenucatewith the further expenditure of fiords by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this A& i,.L.... t beforeits Expiration Date by a written request My describing the circumstances that compel the Recipient to terminate the projec L A ropmut for termination shall be provided to FCf in a manner described in paragraph V.I. • 29V. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to roceivefunds to be. provided under this Agreement and ihsk if applicable, its goveaning body has authorized, by resolution or otherwise, the wwation and acceptance of this Agreanent with all covenants and assurances contained herein. TheRecipient also certifies thattheumdessigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD COh.,ki-w.,k48 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreemea shell lie in Lwn County. If any provision hemf is in cou ict with any applicable statute or rule, or is otherwise unenforceable, then such providon shall be deemed Mull and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this A,y.:�.,...:...� . 2. No waiver by FCT of any right or rutty granted he under or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT berms, or affect the subeuquent exercise of the same right or remedy by FGT for any huller or subsequent default by the Recipient. Any power of approval or disapproval as-Doer-v"vi Ape is, "" granted to FCT under the terms of this Agreement shall survive the terms and life of this • Agreement asa�whole� .._. _ , _ _. - - _ ..........:....: . . - 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the' areas of employment, public accounnodations, transportation. State and local government services, and in teleoonamnmications. 4. A person or affiliate who has been placed on the convicted vendor list following it conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may Dx submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the couvicted vendor list or on the discriminatory vendor list. S. No funds or other resources received fnoon FCT in connection with this Agmeaent may be used directly or indirectly 'to influence legislation or any other official action by the Florida lAgislatum or any state agency. This Grant Contract embodies the entire agmement betweem the parties. 43y:— AlHEREOF, the parties hereto have duly executed this grant Contract SUiAN FLORIDA TRUST Ms�ct�Zer - � ll= Mee. Date: _ 2 0 Date• cx( Appmo rm d 'ty: A as to orm and Legality: Hy: _ By: . -- — Print N e: nobe�ct A. G3asbwg Kristen L. Cocas, TWA Counsel ATTBST• Sally A. i • o9�OR�W9Yr ls.2m Smww-cc �C` - City Clerk �16.. . Contract NoR er--d7-M-)W-.41.Me • _ • ->_-:-:::FCi'-P-rojoctNe:°08=043=1 CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement ("Agre:ement") pursuant to Rule 9K-10.005(31 Florida Administrative Code (F.A.C.). Parties to the Contidendality Agreement: The City of Sebastian ("Recipient"), a local government of the State of Morida, and the FLORIDA COMMUNITIES TRUST CTCT 5, a non -regulatory agency witbin the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in SMWW application 08-003-WWI that was selected for funding and is governed by a Grant Contract for FCT Project Number 08-0M WWI ("project Site"). Confidentiality: a) Pursuant to Rule 9K-10.002($), F.A.C., the tam "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, Florida Statutes (F.S.). b) The Recipient and its agents shall maintain the confidentiality of all appraisals, ofi'ers, and countea+oLL as required by Section 125.355(lxa), F.S., for counties, or Section 166.045(lxa), F.S., for municipalities, and Chapter 9K 10, F.A.C. The Recipient may disclose sucb confidential • infrnmation only to the individuals listed herein below. c) Requests to add persons to the disclosure list shall be made in writing. Upon the written consent of the FCT Commmmity Program Manager, the Recipient shall execute as Addw dum to the Agreement. All confidentiality . , . s � ,ents outlined above shall apply to individuals added to the list. d) The undersiped board members and staff of the Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counter-offers concerning FCT Projed Number 08-0003-W W 1, as required by Section 125.355 (lxa), F.S., for counties or Section 166.045 (IXA), F.S., for muonicipalitics, Chapter 9K 10, F.A.C., and this Confidentiality Agreement between the Recipient and FCT. • 084oD3-WWI • • r . • e) The undersigned certify #bat they have no legal or beneficial interest in the Project Sine. Date Recipient Board Member, Signature Staff or Agent Name 4/ 2 2/ 2 0 0 4 mayor 8i,cbasd H. Gilbmr 4/ 2 2/ l 0 0 4 Vice Mayor Jim Hill — 4/ 2 2/ 2 0 0 9 Council Member Area Coy C1 4 / 22/ 2009 Ommcil Member Dale Sbdd& / 2009 Oamcil Medar gene Volff - A01 Al Mimer, City Maatear 4/ 2 2/ 2 0 9 Rebecca Gmball, Growth tit. Dir. 4/ 2 2/ 2 0 0 9 Robert d1nd =� City Attomev 4/22/2009 sally -A. Maio, City Clerk Date: q �L4/OR Approv 4 to form and legality: _41;7� a_,, By; Robert A. Ginsh - Title: City Amy ATTEST Sally A. Mai C - City Clerk a os4o3--wwY a�isr�oo9... FLORIDA COMMUNITIES TRUST By: Ken Reecy Community PW,1 Manager Date: Approved as to form and legality: By. Kristen I.. Coons Title: That Counsel FCT Contract Number lf�.CT- 61- p�. F_d1-r707 • FLORIDA COMMUNITIES TRUST W W 1 Award Number 08-003-W W 1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (Recipient), this '&" day of ftln , 2010. NOW THEREFORE, FCT and the Recipient mutually agree as follows: WHEREAS, the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial term of the Grant Contract expires April 15, 2010; WHEREAS, the Recipient in accordance Section 2 of the Grant Contract has timely submitted • to FCT a written request for extension of the April 15, 2010 deadline; WHEREAS, Section 2 ofthe Grani Contract states that the Grant Contract may be amended at any time and any modification must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Grant Contract; NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I of the Grant Contract the parties hereby agree to revive it nunc pro tune as though it had not lapsed in accordance with paragraph 1. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before April 15, 2010. 08-003-W W 1 April 15, 2010 GCAMD.1 0 3. The Grant Contract by and between FCT and the Recipient is hereby extended until October 1 S, .2010., . This Addendum I and the Grant Contract embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum 1. CITYIbF Al MVner City Mana ►STIAN FLORIDA COMMUNITIES TRUST '�-- By: Date: LLD Approved as to Form and Legality: sy:_, l Robert A. Ginsburg r� U 08-003-WW 1 April 1 S, 2010 GCAMD.1 40 2 Ken Reecy Community Program Manager Date:.- 1 4 (1) Approved poto Form and Legality: sy: Kristen L. Coons, Trust Counsel 207704 THIO bodumwT PLp G MEX RECORDED 1W THE PUBUC RECOR OF 1WM4N RMR MUM FL - M doom mamt prepared by: SK 201 PO lam, POPI of 12 K*ft i— bawk Eq*0 OMMOWHMAM, Ada n CmmuAlo ThW JEFFREY K MWON, CLERK OF CC • Dapar�naat of-CoMmadty Affab Z5S5 Shmerd 09k BkA Tallahassee, FL 32399 FLORIDA COA04LIMM TRUST MWWWI AWARD #D8-003-WW1 FCT ConbwA *09-CT-B I -0848-GI -WWI SMASTLAN WORIMG WATERFRONT D19CLARAT10N OF BERMC'ITVE COVENANTS TICS DEMARATEN is mmomd low by and bemm theYLORIDA COMM"MRS TRUST ("FCM-ii . . . . . . agency vdO&the State OfFlotidd DepartmentofCowmunityAfihk,, and the CM 01P MASTUN, wpolitieW aubdivhion ofthoState of Florida ("Redipjont"). TMS DECLARAITON IS ENT UM INTO BASED ON M FOLLOWINO FACTS: WIVIR$i 7. d* intent of this Declatation is to impose terms and conditions on the use of state famb and the lads soguized, with salt shft fimds, as doscribeA in Exhibit Ile aftwbod. berdb end made a put hMQf ("Project Site"), that -we neceawy to answe oomplianoe with applicable Florid )a* and to Oftr:Wlse ignAtmat ihe provisionsofSections 259.10, 259.1051 wd Chapter 3.80,.Pat M Florida ftfttos; WHEREAS, CWsr .380. Put nL Ilia. Stet.,. the Florida Coo mMities Trust Act creates a non-replatpry qfteywitbm fie Departmdnt 6fCowZMX# Affairs: r9qsrtment-) that will assist local.goveromeko in bringing into coxapliance and impleweriftg the cormvedon, recreation and open space, and WOW element of their OoMprhmve Plaft orin conserving ndural mommand resolving land use conflicts by proWding financW assistance to local govmnment.. fta nonprofit WO1*g wataftut organizations to Wxy out projects and activities auftrized'by the Florida Communities Th* Act; WHRRFA. - the. pe ople of. the State of Florida .are - conceived about the loss of adequate 4 de access to tidal waters for the commercial harvesting of w0d az d. aquacultured nuaine orpnisms within the State .of Florida; WIMRFM. FCT is funded through either Section 259.103(3Xo). lqa. Stat. of the Florida Forever Act which provides .for the disvibufti of two point live percent (2.5yo), less certain reductions, Of the net Florida Forever Revenue Bond proceeds to the Departmea% or any other revenue source designAtod the Florida Lqblahuv, to provide land acquisition grants to local governments and nonprofit working waterfront organizations for the acquisition of working DR008-003-WW1 6/13./2D10 F WHEMAS, the State of Florida, acting by and. through FCT, and the .Recipient seek to permanently preseme and conserve the Project Site as a working waterfronts since the Project Site • has significant value as working waterfront real estate to' provide access to tidal waters to support or to provide direct -services to Working Waterfronts Businesses; W1i FRW, Rule 9I- 9, Florida Administrative Code ("F.A.C."), sets forth the procedures forthe evaluation and selection of lands proposed for acquisition and Rule 9K 10, F.A:C. sets forth the -acquisition procedures; WMEAS; FCT has approved the terms under which the Project Site Was acquired and the deed whereby the -Recipient acquired title to the Project Site. The deed.sball contain such covenants and fictions as are sufficient to ensure that -the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9; Arth�e XII oftbe State Constitution and it shall contain +claueft providing for the conveyance of title to the Project Site to the Bowd ofTrustees of the Internal Improvement Trust Fund ("Trustees'] upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; `NIERF.AS, the purpose of this Declaration is to set forth the covenants and restrictions.that are imposed on the Project Site subsequent to disbursing FCT Florida Forever fiords to the Recipient for Project Costs, and, WI REAS, this Declaration constitutes arestriction and covenant that shall forevernmwith the land and is binding upon the Recipient, its successors, and assigns in the event of any transfer, • sale or foreclosure of the Project Site. NOW THEREFORE, in consideration of the mutual covenants and vadertakings set forth herein, .and other.good and valuable consideration, the receipt and sufficiency of which is hereby ackmwledged, FCT and the Recipient do hereby contract and agree as follows" . L PERIOD OR AGREEMENT I. This Declaration shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Project Site and shall bind, and the beaeir# shall inure to, FCT and the Recipient and their respective successors and assigns. H. MODIFICATION OF DECLARATION 1. Either party may request modification of the provisions of this Declaration at any time. Changes which aremutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Declaration. III• RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE DRC108-003-WW1 6/11/2010 COWN- ANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Dw1aftion to be • recorded and Mad in the official public records of Indian River County, Florich, and in such man= and in such other places as FCT may reasonably requesL The Recipient shall pay all fees and charges b =-m.d. in m4ection therewith. . 2. ,The Recipient and FCT agree that the State ofFlorida, Dwarhmmt ofHavhbumental Protection shall ftwoid dfis Declaration to the Dqmftmt of F,nlrironmtntsil Wftcdon Boad Coudad for review. In the event Bond Coutiol opines tbat art amadment is xequimd wthis Declaration so -that the tax -apt status of the Floridaftmer Bonds is not icopudize4, FCT and aW amend the I�eclacation. accordingly. IV. NOTICE AND COWACT 1, An nWces provided under or pursuant to tws Dwwradon dmu be in writ ddd delivered either by hand delivery or firat clo* cardfied muflo retutu receipt reTwagd, to the addresses %wified below. Any such notice &W be deemed received on the date of delivery if by pamonal. d6very or upon actual receipt if sent by,registered =& FM Florida Communities'TWst Department of 'Comquin 'a y Affairs 2555 Slunnard Oak Blvd, T4abassaq, FL 32399-2100 • ATTN: Progtom Manager Recipients ATM: 2. In the evftt diat a diffw-41&"W*0sentativeorwkh 43"patedforparoospb1. above after mmudon offt Declaration, notice of the change shall bc rcademd to FCT as pfWded in pautsg Wh I., above. V. PROJECT SITE WILE REQUMMIENTS H&O'S'E'D SY CHAPTER 259, CHAPTJER 375 AND CHAPITAk.S80s PART M, *MjL STAT. I Any transfer of the Project Site hell be, subject -to the approv4 of FCT imacr shall enter iato a crew agreement with the huderft containing such covenants, clauses or other resWctiOds AS are sufficient to'.Protect the interest of the State of Florida. DR,008-003-WW1 0 6/11./_nlo 3 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. • 3. If the existence of the Recipient tmIninates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division ofFmfty, the Florida Pub, and Wildlife Conservation Commission, the Department of Environmental Protection or a. Water Management District who agrees to accept title and manage the Project Site. 4. its the event that the Project Site is damaged or destroyed ortitlete the Project Site, or any pod thercdZis taken by any govetamental body t4mught'he exercise or the threat of the exercise .offie power of emainent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation ewcrd and shall promptly commence to robuild, replace, repair or'rest= the Project Site in such manner as is consistent with the Declaration. FCT shall make any such insurance proceeds or condemnation award Moneys availsble to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete *e rebinding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall.have the right in additioYa to any other remedies at law or in equity, to repair, raotore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT shall Dave the right to seek specif a performance of any of the covenants and restrictions of this Declaration concerning the constriction mad operation ofthe Prroject Site. VL MANAGEMENT OF PROJECT SITE 1. The Project Site shall be managed only for the conservation, protection and enhancement of working waterfronts, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Management PIan approved by FCT. 2. - The Recipient shell ensure that the future land use designation: assigned to the Project Site is for a category dedicated to working waterfront uses, as appropriate. If an amendment to the applicable comprehensive plan is required, thoamendment shall be proposed at the next comprehensive plan amendment cycle available to The Recipient. 3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Declaration comply with all applicable Iocal, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensiveplain for the jurisdiction, as applicable. Evidence shall be provided to FCT that allregtiited licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use DR.C108-003-WW I 6/11/2010 4 i . of the Pmject Site or any use thereofnot in codorrnity with the ManagenmenObn approved by FCT. S. FCT staff or its duly aufhorized sha11 have the right at any time to • inspect the Pro jed Site and the operations of the Recipient at the Project M. 6, All butilding% structures, improveaneuts and signs shall requft the prior written approval ofFerasto purpose. Furtur, treeremoval, otharthan riva-native series, audziWor land alteratiops sly require the written appmvol ofFCT. 'The approvals rcqu med from FCT shad hot be unreasonably witbh4d by FCTupov MMd og demonstmmdon that tltp vposed stmwm building .Emprove.nre tk .sighs, vegetation removal or land alterations will not adversely .impact the natural resoma m or wwft vuate&ont aspects of the Project Site. Mrs approval of the R000ds I gementAga �i 4 the items meadoned herein shall be cotWdared wtittanapp *vdl from FCT. 7.. MurUcoiogical and historic sites ate located on dw Ptgcct Site,. the Recipient shall comply with. Chapter 267, Fla. $tat. The collmiiom of - artifacts . from the Project Site or the dishirbaw Qf awhmloglcal and historic sites. on the Project Site shall be pzohNtod unless prior written au odoo ion has been tMained from the De mUneut of State, Division, of rutorieal R�oucces. S. Awo quited by Rule 9K 9, VAR., eak year.4fter FGT ieimbivaem ►t of Project Cosw&eRedPkmsWFmnm and subunit to Wr an annual stewetdsiuip report g*.Ooo m the pgrea� madc oa impleinenting the Management Plan. VIY, 1WRI CIiAL MANA.!GXNMT CONDMONS In addi !on to the. Anagement Plan conditions already described in time Agrvezn nt which epply to all obs aoquhvd wifh FCC fumda, the Management Plan shall address ft following conditions that am par4eu tb the project slfa9 aud result from either made in t}le Bpp C$t. on ftt received s'oorimg.points or observations made by FCT staffd nng the site visit described m Role.9K -9.007, F.A.G:r L The.1"uwe .land use and zoning designations ofthe project site AM be clanged. to Working Waterllunts ur atbar similar allgmy. 2. A porowent 3ecognWov sign, at a mtn urm size of 3' x 4, sviall be Mdntalnedv-dw entrazice.'afea taf the projoct sine. The sign "I acimwledge that%tho inject site was,pptmchwed with funds f m the Florida Cammunities'Trust Program:and the Recipient. 3. After olosing, the existing submerged land lease will be transfer to the Recipient. RX-008-003-WW1 4. Annually -the Recipient will provide a letter from the Department of Environmental protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part IV and 403 Florida Statutes and the submerged land lease for all facilities :or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities. 5. One of the existing buildings on the project site will be used as a working oi,4 .a.nt building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional Working Waterfronts. 6. Permanent structured displays of artifacts and other items shall be provided that provides information about the economic, cultural or historic heritage of'Florida's traditional Working Waterfronts. 7. interpretive kiosk or signs shall be provided that educate the.public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts. VIO. RECORDKEEPING; AUDIT REQUMFAL TS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and.expenditt= of funds under this Declaration. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT' and. other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but.ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial • assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or proj ect-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the 9xecutive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules.of the Auditor 04neral. In determining the State financial assistance expanded in its fiscal year, the Recipient shall consider ell sources of State financial assistance, including State fuads received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through' awards and resources received by a non -state entity for Federal p,.&.u., matching requirements. The funding for this Declaration was received by FCT as a grant ayl,, ,, j ation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. ,DRC108-003-WW1 3. If the Recipient WgXn&. Jew fl= $500,000 in State financial assistance in its fisosl year, an audit cmduotcd is w&mcje with the provisions of Suction 215.97, Fla. Stat. is got raqui v;L If the Recipient elects to have 'an audit conducted in aaaor6ince with the provisions of • Section 215.97, Fla. Stat..4 the cost of the audit must In paid. from non -State funds (ire., the cost Of such an audit must be paid from Recipient funds not obtained f m a State +entity). 4, TTheannualfimmial.audit ,report sha b*&ailmaoiageaamtletter4the Rc*knfs responp to all findkp, .including aonv dve dons to be, taken, and a 'sdwdule of fiaomial WL, auae Spvciflealfy Jden#if'yiu8 all. Declaration and other revenue by � aB;MY and agreemwt Aumber. copies of finatt W reporting packages mjuired under this Ai tide shall be submifEed by or on behalf of the Recipient dkwdy to each of thofolloft Depai t meut of Community AAf eW (at each of the followwS addresses); Office of Audit Services 2555 Shunwd Oak.Bodevwd T. WWi we., Florida 3239+9-21.00 and Florida CommoWfla Trust 2555 Shutmatd Oak BoulftWd. Ta )pewee, Florida 32399-2100 State of Florida Auditor General at the, fallowing, address - Auditor General's Ofiftc Room 401, tv.9aade Pepper Buikftg. 111 'Wed Madison Sftet Taliahassee, Fladda 32302-1450 5:_ iffhe auditsbows that my portion ofthe funds disbursed hereunder w=not VeOin accor€h=q Mft tine, condition of this Declaration, the .Resipitmt aball he held liable for .rcimburs=eit to ,FcT of'all fads not spent. in accordance with the appj%al 1 .ftgulatio gis and Deelsrsft pro-Aslo�ns:V6!n thirty (30) days after FCT hu notified tltc, PwWiht of spy notr- coanp m— The recipient shall retain aU finaletat records, suppart[ng dbouients, sta"Od zworas- andagy othe rdocrnne* pertinent to this Declatation.for aperiod of fiveyem afterft dato of subanWon of the final eagmditures report: However, .if litigation or an audit has been, initiated ,priorto the expiration of the five-year period, the records AWI be rateineduntil the iitigation ar audit Endings. have bft ixsolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, DR008-0.01,WW1 is 6-/1l%2010 Fla. Stat performed by an independent certified public accountant ("IM) who Shan either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. • DL DEFAULT; REMEDIES; TERMINATION 1. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some d" party with the lmovvledge of the Recipient, the Recipient .shall be notified of the violation by written notice given by personal delivery, registered mail or -registered expedited service. The recipift shall diligently commence to cure the violation or complete; curing activities within ftLy (30) days afterm*Apt of otice of the violation. Ifthe owing activities can not be reasonably completed within the specified lift (30) day time ftme, the Recipient shall submit a timely wft= request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time fame for the completion of the curing activities. FCT shall, submit a written response whWn thirty (TO) days of receipt ofthe request and approval shall not be unreasonably wifteld, It is Mrs -position that all, curing activities shall be completed within one. hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circt=tonces exist -to justify a greater extension of time to camplete the activities, FCT shall give the request due migideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b)the time frame approved byFCTpursuaW to tho Recipient'staquest fee simple title to all, interest inthe Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the: Department of Finvironmental Protection or a Water •Management District, who agrees to accept tide and manage the Project Site. FCT shall teat such property in accordance with Section 380.508(4)(c), Pit. &tat X. LEGAL AUTHORIZATION 1. The Recipient -certifies with mpat to this Declaration that it possesses the legal -authority to receive funds to be prov ided under this Declaration and that, if applicable, its governing body has authorized, by resolution or otherwise; the execution and acceptance f othis Declarationv fith. -all covenants -and assurances containedher0m. 7ho Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Declaration. M. STANDARD CONDITIONS 1. This Declaration shall be construed under the laws of the State of Florida, and venue for any actions arising out of this r*c1dration 4ha1l lieinLeon County. "If any i " hereof is in Provision conflict with any applicdble'stalute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such c9riffiet and shall be severable, but shall not invalidate any other provision of this Declaration. DRC108-003-WW1 6/11/2010 2. No waiver by FCT of any right or remedy granted hereunder -or failure to insist on strict performance. by the Rwipient shall affect or extod or act as a waiver of any other right or remedy ofFerhaotmder, or-amot the subsequent exerdseofthe same right or rmedy by FCT for any further oraubsequent de6ult by ft Recipient 3. Ue Recipient agam to comply with the Americans With'Disobilities Act (Public LAW 101-336, 42 U.S.C. moftWn 12101 et sea.), if applicable. Which prd by public and private entities on the basis of dwbility in the areas of eMployment, public accommodatiom-b-01 ortation, State -and-local government swvices, and in.. lecommunications, 4. A poma or affiliatt who has been placed an the convicted vendor .list following a oovviction for a public entity adw or an the fi, d vabdor fist may not submit a -bid on a MatmCMprovide any goods for s services apublic amity, may not wbmita bid an acontractwitha puft entity for apublic building or puMevmrk, mayxiat s"ft lease bids ou lomses of real property to a -public aeft may not 'be a*Wded or ,perform work as a contractor, stWficr, subdonuactm, or consultant under a contrast with a pubfic-entity, and may not Winsadbushms. with any public eaft in excess of Cdqm Two for apeziod of36 months from the date of being placed on the convided vendor list or on the diso3imatory vendor list 5. 'No finds otother resources received from FCr -in connection with th Decloation. way be used-dbectly-or indfiftfly to influence legislation or guy other afficial iacdou by the Flcdda Lag* Wature or any shft agancy. 0 This Declaration including "bit "A7 embodies the entire agreement betwemAe parties. DRMS-003-WWI 6/-I:L/2O2D l -1 W WITNESS WIBMOF, the parties hereto have duly executed this Declaration. CITY OF SEBASTIAN, a political sb' si oha State oFlorida B " -- Date:. ( /M/Jo Apvolor to Fo and Legality; PrnitName: goghR.T A �JAISamlee STATE OF FLORIDA COUNTY OF INDMW RIVER The foregoing instrument was aclmowledged before me this Aeday of U h e, 2010, by A ( A7 i n n e r on be]Wfof theLocal Governme4 and who is pezwnally knpwn to me. JEWMEWKUAM DR008-003-WWl 6/11/2010 AO Public. mmi c sl nedt'e. With nms Commission No. D D &3005Z My Commission Expires: g? VNitndss: FLORIDA COM11MMIES TRUST e: ArAA, -res Ken Reecy,CnmthuniW-pr Mensgor Florida C namddes IhW Datc4 6-; ryrye�,�,,}� jl�y /.r - t ! n ApIMM LegWity-. By: .Kristm L. Coons, T -Counsel 9TATB OVIMOPWA COUNTY OF LEON The foregoing im bvnumt was aelmowloged before me this of 2010. by 14n Raq, CommWty Prog m: Mow gar, Flor-ida Comumdties TTmOwho is pemonAy kna�vu to ma tart' I'.ttblic - Print Name; Coaarn�ssion No. ' Cbma6sion &pi r ; sri�ooaw� 13RCl08.003-WW1 6/11/2010 3.1 rr UK, I r 7J.v DANCU PARCEL Lots 1, 2 .end 3, Block 2, Middleton's Subdivision of City of Sebastian, according. to the map or plat thereof as recorded in Plat Book 2, Page 56, Public Records of Indian River County, Florida. 0011EIMWIM From a point of beginning at the intersection of the South lime of Government Lot 2, of Section 31, Township 30 South, Range 39 Best, Indian River County, Florida and the Mean Agh Water Mark of the West bank of Indian River, rum West along said Soutb line of Governmental Lot 2 a distance .of 80.05 feet, more or less, to the East right-of-way of Old U.S. I✓ &way No. 1, said right -of -gray being 66 feet in width; thence ran North 25 degrees 22- minutes West along said East right-of-way line a distance of 71 AS feet; then run lk4 parallel to the South line of said Governments] Lot 2, a distance of 94, 89 feet; thence run North 70 degrees 45 minutes Bast a distance of 132.03 feet to the established bulkhead line; thence run South 25 degrees 22 minutes Bast along said bulkhead line a distance of 66.43 feet; thence rum South 70 degrees 45 minutes West a distance of 145.50 feet to the point of beginning on the Mean Hight Water Line of fndien River and on the South line of said Government Lot 2; AND ALSO all of that part of Lot 1, Block 1, MIPDLBTON'S SUBDI)MIGN OF CITY OF SEBA,STIAN, according to plat thereof recorded in Plat Book,2, Page 56, Public Records of Indian River County, Florida lying East of -Indian River Drive (Ord U.S. Hwy #1) and described as follows: From a point beginning at the Mean High Water line of the West shore of the Indian River on the Township Line between Township 30 South and Township 31 South; run West along said Township line (saute being the North line of said Lot 1, Block 1, loDLETOWS SUBDIVISION 4F C1TY OF SFBASTIAN, a distance of 80.05•feet more or less, to the East ri bt-cf way of Indian River Dore (Old U.S. Highway NO. 1) said right-of-way being 66 fetit In width; tltfa run South 25 degrees 22 minutes East along said But right-of-way a distance of 90 feet; thence run North 90 degrees 00 minutes 00 seoonds Rest a distance of 113 feet mole or less to the Mean High Water Lice of the Indian River; thence meander the Mean High Water Line in a Northwesterly direction to the point of beginning. WROWSKI PARCEL a outh 13 feet of Lot I and all of Lot 2, Block 1, Middleton's Subdivision, .according to the Plat recorded in Plat Book 2, Page 56, Public Records of Indian River County, Florida, more particularly described as follows: Beginning at the intersection of the South line of Middleton's Subdivision and the East right-of-way line of Indian River Drive (being.a point 37.15 feet due Beet of the centerline of Indian River Drive), the Point ofBogianing: Thence Northerly 118 degrees 41 minutes 37 seconds along the East right-of-way, a distance of 184.75 feet more or law to a concrete monument marked Ox' , thence am East 107 North of due &A to the high waterline of the Indian River, thence Southady along thehigh water line of said Indian River to a point intersecting the Easterly projected South line of Middieton's Subdivision and the high water line of the Indian River; thence West to the point of beginning, Being a part of Government Lot t, Section 6, Township 32 South, Range 39 East. Together with en upland, submerged land, Jittoral rights, shore rights and riparian rights lying to the East thereof to the center of the Indian l l : e*ftt that5ame appertain to the property above described. A � EM OF LEGAL DESCRII'T +:; DRC108-003-WW1 6/42010 12 Exhibit C Submerged Land Lease • LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 1.3 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDE® 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 118041'37" 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 'W; THENCE RUIN EAST 106 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. • • This Instrument Prepared By: Bgde L Scott Reauring Revenue Section Bureau ofPublic Land Administration 3900 Commonweahh Boulevard Mail Station No. 125 Tallahassee, Florida 32399 2086882 THIS DOCUMENT HAS BEEN RECORDED IN THE PLIBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2"1 PG:582. Pepsi of 15 Ot1d2V12010 at 12:01 PM. JEFFREY K BARTON, CLERK OF COURT BOARD OF TRUSTEES OF THE DMIRNAL BeROVEMMT TRUST FUND OF nM STATE OF FLOPMA SOVEREIGNTY SUBWMGED LANDS LEASE RENEWAL MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT GRANGE IN OWNERSHIP B OT FA.E NO.: 310006494 PA NO.: T111S LEASE is hereby issued by the Bard of Thsues of the Internal h2provement Twat Nod of the State of Florida, hmvinaiter referred to as the Leasor. WMESSETH: Thee for and inconsideration 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 Q of Sebas & hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereign+ submerged land in Section Township 31 Reage 3g Eat. in the Indian River. Indian River County, coWaWng MOM square fact, more or less, as is more partteularly descnbed and shown on Aftadanent A, dated June 4,201 TO HAVE THE USE OF the heremabove descibed Femises from June�,$,,Z010. the effec dve date of this modified lease renewal, tiunugh &oW 15. 2014, the expiration date of this modified lease renewaL T'he tarns and conditions on and for which this modified learn renewal is granted are as follows: 1. IME OF PRQ $TY: The Lessee is hereby authorized W construct and operate a j r rnmercial ¢fig facility and non -worm derteodant_building smte n exclusively to be used for m2mae fishme aW tonal vrssels in conjunction with an upland MgWMK padran lot fa merles w heft WIftim with a sewage Pumpout fiscility Wit meets the regulatory requirements of the Stale of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and vy ggl liveaboards as defcned in paragraph 29, as shown and conditioned in • ttacl neut A. All of the foregoing subject to the remaining conditions of this lease. 2. LEASE FM The Lessee hereby agrees to pay to the Lasser an iei W anmml kese fee far the exparoM area square feet) of $449.11. plus 25 percent surcharge and sales tart pursuant to Section 2I2.031, Florida Statutes, if applicable, within 30 days of receipt of this fully executed modified leases The annual fee for the romah* YOM ofd& lease for the entire lease area (20.855 square feet) shall be adjusted pursuant to provisioes of Rub 18-21.011, Florida Administrative Code. The State of Florida Dgmfnnent of Environmental Protection, Division of State Lends (the "Division-) will notify the Lessee in ���...._.__ -------- �.........�.. . w w . . .... • 3. WET SLIP RENTAL CERW ICATIQN/SUPPLEMENTAL PAYIPf. ': (A) Ttie Lessee shall provide upon request by the Lessor any and all information in a certified form needed to cal the lase fee specifod in paragraph two (2) above, including die income, ash in subsection 18-21.003(31), Florida A f ; , .*ve Code, derived directly or indirectly from the use of sovereignty submerged lands oa an annual basis. When six percent (6%) of said wi nual income exceeds the base be at minimum annual fee established pursuaut to Rule 18-21.011, Florida'Administ rative Code, for any low year during the -tam of this lease, the Lessor shall send the Lessee a supplemental invoice for d►a diva in dse amounts for that lease year. (B) The hist<ument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking ai$caility to it ddrd party shall include a provision that clearly nodfws the wear slip resterlasedholdw that If the wet slip renterhrser/holdea subsequently transfers his right to we said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision $rot requires six percent (69A) 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 Lmsar. The fam mod or agl mwt used by the Lessee to transfer a wet slip shall also inchide a provision that clearly notifies the wet ft renterAumbolder mist no interest in sand wee slip may be further transtetmd unless a substantially similar provision to the one contained in the pracecfmg sentence is placed in each succeeding instrument or ageement used to transfer said wet slip to each new wet slip reaterhr. wk9lder. 4. LATE FEE ASS; 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 pearomt (lZ0 per ammo, calculated an a daily basis for every day the payment is late. 5. FJtAMNATION OF LESSEE'S RECORDS: Par purposes of this lease, the Lessor is bw&y specifically d orized and empowered to mmilae, for the term of this lease iuchding any extensions thereto plus three (3) additional roots, at all reasonable hours, the books, records, contracts, and other documents confirming and partaking to the computation of amoral lease payments as specified in paragraph two (2) above. 6. MARMAM OF 1ES 'S RE00M The Dwsee shalt maintain separate accormting records f:or: (,'the gross revenue derived directly firom the use of the leased premises, (if) the gross revenue derived indireCtly firm die use of the leased premises, and (iir') all other, gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall seine, maintain and keep all records for due entire term of this lease plus these (3) additional years. This period shall be extended for an additional two (2) years upon request for examination, of all records and eecoants fur lease verification purposes by the Lessor. 7, AggMMM TO MMM OF US& This lease is given. to the Lessee to use or occupy the leased promises only for those activities specified berein. The Lessee shall not 0) change or add to the approved use of the leased premises as defned herein (049, from commercial to multi -family residential, from temporary mooring to rental of wet ships, fmm rental of wet slips to contractual agreement with third party far docking of cruise ships, from rental of reaeatlmW pleasure craft to rental or tempau,ary mooring of chi wAoua boats, fmm losdfngloffioadmg commercial to iremal of wet slips, etc.); (H) change activities in any menner that may have an envirou,mentel impact that was not considered in the original autbbrrh abion or regulatorypermit; or (tU) chop the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparisp Wind property that is more particularly described in Attachment p without fast obtaining a regulatory pannit modified permit, if applicable, the Lessor's written authoriratim in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any stuctures which may no longer quality► for av& imtion under the modified lease. a. PROPERTY It1�iIiTSTg: The Lessee shall make no claims of title or atom t to add lands hereinbefore described by hearer of the occupancy or use thereof; and all title and interest to said land herciabefore described is vatted in the Lessor. The Lessee is prohiibited from including, or making any claim that purports to include, said lands described or the Lessee's ehold interest in said lands into any form of private ownership, including but pot limited to any form of condominium or 4—ive ownership. The Lasses is fxdw prohibited from malting any claim, including any adverdsement, that said land, ttbe use thereof; may be parhased, sold, or resold. • 9. gflWST IN RIPARIAN UPLAND PROPERTY: Daring the term ofthis lease, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment & 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. Pft to sale and/or taminadon of the Lessee's imGere din the riparian upland property, the Lessee shall inform any potential buyer or transfnree 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 documeety required by the Lessor to effect an assignment of this Imp, if consented to by the Lessor. Failure to do so will not relieve the Lewe from responsibility for full compliance with the tams 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. ASSICNIV= OF LEASE, This lease shall not be assigned or otherwise transfared without prior written convent of the Lessor or its duly authoriaod agent. Such assignment or voter minsf>r shall be subject to ft terms, conditions and provWoas of this lease, current msnaptna t standards and applicable laws, rules and rcgolations In effect at thaot time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effied. 11. 11MCATION1114MUGATION 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 is Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. VMM-. Lessee waives venue as to any litigation arising from matters relating to this lam and any such Otiption between Lessor and Lessee shall be initiated and maiunta W only in Leon County, Florida. 13. NOTICES/COM-LTANCBnTSRM1NATiON: The Lessee binds heI4 its successors acid assigns, to abide by the provisions and conditions herein at 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 sat forth, or in the event the Lessee violates any of ft provisions and conditions herein set forth, and the Lamm fails or refirses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, tbis lease may be terminated by the iRssor upon thirty (30) days written notice to the Lessee. If canceled, all of the abovedescribed parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by ilea Lessor to enforce tl a provisions of this lease shall be paid by the Ussee. All notices required to be given to the Lessee by this lease or applicable law or administrative inles shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian, Florida Sebastim City Hall 1225 Main Suoet Sebastian, Florida 32959 The Lessee shall notify the Lessor by certit3ed 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 aerie to the subject property or to the improvements thereon, including any and all dminago or special assessments or texts of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effiective period of this tease. 15. S OR 1i i &9AL OPERATIONS: The Ltssea shall not permit the leased promises or any part fiffimof to be used or occupied for nay purpose or business other than herein specified unless such proposed use and occupancy e 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 Had on the leased premises. 16. TdARMANCE OF FAClLr Y /RIGE TO INSP M The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment loomed thereon in a good state ofrepair in the inmrosts of public health, safety and welfare. No dock or pier shall be constructed in any madw that would cause harm to wildlife. The leased nrwmiaae etwll I+n m�hi�rt to incnrrtinn tw the T �aenr nr i►e rr.oinnerwir anawt .t ..,.....o..wot.l. i....a • 17. NON.DISCRlMlHATION: The Lessee shall not discrimmaie against say individual because of teat individuals race, color, religion, sex, national origm, ap, handicap, or marital status with respect to any activity occurring wdhm the area subject to this lease or upon lands aQlac ent to and used as an adnmct of the leased area. During the lease terra, the Lessee shall Poo and maintain the placard famished 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 potec M from the elements, arid, in the evemtt that said placard becomes Illegible at any time during the term of this lease (mcluding any ercbeosions thereof), to notify the Lessor in vmdng, so that a replacement may be provided. I & ENFORCEM33NT OF PROVISIONS: No Mure, or successive failures, an the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of rimy 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 grated 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 tarns, conditions and provisions of management standards and applicable lava, riles and regulations in effect at that dm lathe event that Lessee is in fall compliance with the terms of this lease, *a Lessee may apply is wfitigg lbra mnowal. Such application for renewal must be received by Lessor no sooner than 120 days and no Icier than 30 days prior to the expiration date of the original or cm ant term hereof The terms of any renewal granted by the Lessor shall commence on die last day ofttie �lease term. If the Lessee flits to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the slurll vacate the teased premises and remove all structures and equipment ocatpyhrg and eroded thwoon at its expense. The obligation to remove all structures amhorized herein upon lazinfion. of this lease &bail oorofihrte an eve covenant upon the Lessee's interest in die riperiaa upland property more particularly described in Attachment ]L which shall rrur with the title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successon in title or successors in interest. 21. REMOVAL OF STRUCTURES/ADMINISTRATIVE F IES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises aft expiration or cancellation of this lease; such structures and equipment win be deemed forfeited to the Lessor, and The Lessor may authorize removal and may sell such forfeited structures and equipment alter ton (10) days written notice by certified marl addressed to the Lessee at the address specified in Paragraph 13 or at such address on record as provided to to Lessor by the Lessen. However, such remedy stall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations Including the right to compel removal of an structures and the right to impose administrative Am. 22. REMOVAL MS'1"fiJl l M ON RIPARIAN UPLAND P OPERTY: Subject to the noticing provrsions of Paragraph 21 of this lease, any costs incurred by the Lessor in renoov of any structures and equipment con*ucted or ataintained on state lands shall be paid by Lessee and any unpaid emu and expenses shall constitute a lieu upon the Lessee's interest in the riparian upland property that is more particularly described in Attedu unit jj. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 23. RBCORDATION OF LEASE. The Lessee, at its own expense, shall record this fully executed lease to its entirety in the public records of the county within whiff the lease site is located within fouften (14) days af6ar recelpt, and shall provide to the Lessor within teen (10) days following the recordation a copy of the recorded loan in its entirety which contains the O.R. Book end pages at which the lease is recorded. 24. 4l pARLAN RIGIJTSARINAL ADJUDICATION: In the event that any part of any structure authorized hereunder dc�ernriaed by a final e;djudicataoa issued by a cadent of competent jurisdiction to encroach on or ioterFere wEth adjacent �azian ri�its, Lessee agrees tv either obtain written consent for ore ofdiag structure from tits affected riparian owner or to remove the interference or enemaebrirant within 60 days from the date of fire adjudfcatioa. Fttiln+e to comply with this paragraph shall consdtate a material breach of this lease agroement and shall be grounds for immediate, termination of this lease agreement at the option ofthe Lessor. • 25. AMENDhffiM MODIFICATIQM., This Lease is the entire and only agreement between the parties. Its provisions arc not severable. Any amendment or modification to this lease must be in writing, must be accepted, admowledged and exeaded by tine Lessee and Lessor, and must comply with the rules and statutes m axwenoe at the time of the execution of the modification or amendment Notwithstanding the provisions ofthis paragraph, if mooring is authorized by this lease, the Lessee may install boadif s within the leased premises without Formal modification of the lease provided that (a) the Law obtains any date or local regulatory permit that may be required; and (b) the location or size of tha lift does not mcrease the mooring capacity of the dodang Sacft 26. ADVERTISEMENT/SIGNS/NON-WAMR DEPENDBUTACID9TMADDUMIAL ACTMTIBSIMINOR STR.U[' rrtAT_ RFP.e_rn�; Now or temporary sinus 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 ere to occur within the leased premises. The Lessee shall emm that no permmeK ten"rary or floating structtm, 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. relocationhealignment or major repair's or renovations to authorized structum, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless speciScalty authorized m writing by the Lessor, such activities or structures shall be considered unauthork:ed and a violation of Chapter 253, Florida Statutes, and'ahall subject the Loom 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 ofrepw m the interests of public hu tth, safety or welfare, provided, however, that such activities shall not exceed the activities authorized by this lease. 27. ACOE AUf oRVATMR- Prior to commencement of consnnctim and/or activities authorized herein, the �.essee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to die 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, subum1pd lands. 29. COMPLIANCE WITH FLORID.: 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 theremxW. Any unlawful activity which occurs on the leased premises or In conjunction with the use of the leased prises shell be grounds for the termination of this lease by the Lessor. 29. LATABOARDS: The term "liveaboard" is defnq d as a vessel dodmd at to 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 arc 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. GAAMLING VEST: During the term of this lease and any renewals, extensions, modifications or assignments thaw& Lessee shall prohibit the operation of or entry onto the leased premiaes of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when tlsese 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 watesmnaft used to carry passengers to and from such gambling cruise ships. 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 slruchum is destroyed or if use of a rtrvcmrc has been discontinued and 50 percent or more of the area encompassed by a structure. must be replaced in order to I& store the structure to a safely useable condition. In addition, the use of the non -water dependent structures included in this ,sere shall not be converted to a new use except as mathorimd 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 ofmanattm and the potential threat to this endangered species fi+om boat operation. Lessee shall maintain these signs during the term of this lease and all 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 .i0k BOARD OFTRUSTERS OF THE IlUERNAL f II1rIPROVEMTiNT TRUST FUND OF TIM STATE OF FLORMA (SEAT') �.►tid �: b,u.ir TiY _ s , lions and e4 Put Consultant Mm"mr, Bataan offthlioLandAdministration, Div mom of State Leads, State ofFlorlds Deparlmemt of c _ Environmental Protection, as agent for and on behalf of the Board of Thmm of the hd and Imp memeot Trust Fund of the Slate i� ofFtoruba Of Witness WR OSS N STATE OF FWRIDA COUNTY OF LEON The fiapb* instnmment was adamwledged before me Ibis 1 18 day of 20lQ . by �� M. Ge> O ons and Management Consultant =dmew. of Public Lon dmini W(w ofRma Un sd . Stu of Elam p%arontpt of Environmer►tai Pmtention. as &pent �yo behalf ofthe Board of Trusmes o �atra W Lammoment Tintat Fbnd oftbe State of Florida. He is wo APPRO AS TtM A EG TTY: 11 Notar�l Public, of Rhida L� Ep Printed, Typed or M tea O" COMM MyCommisalou �a Ma"If t?n �SaU A. Maio, 1t y'od/Priatod Naam of Witnas�obert City On-i � 1�SS�attu�e Typedvrhd dNamo of Witness k ATE OF Florida UNTY OF Indian River t.omanissiottlSerial No. Cky of Sebastian Florida BY: Me* Origittab of wouting Authority liid�d H• �luior A. Gimburg TypeditWedName of MwmWg Authttft mayor We offteaating Authority "MSSEE" O—Luj Tim Raping last item was wkwwbedgod befoaa me this lith day of Aug u t 7As0 . by Ricbmd K t3 lb= as IM—wjQ,,r for and an behalf of die Qb of Madim Florida. He is pmwmdIy ]maven to me�yr whe4as Boundary Survey :. fo Submerged Land Lease at Dabrowski .Marina LU o Indian River County, Florida > 0 Not VaW Without All Sheets = • ,} • N Tag _WVA . PJROJEC ; r: r —GOV Iv^T @ - _ COV. LO" 3 _ r _ _ .4 l = e ast�ai:. - t .Q '. LOT B STATE OF FLORIDA BOARD OF TRUSTF,E�,,'':� THE INIMNAL l�1pR �i6N- D S%leei [. � f 7 lDrawn br:ICifeckid b7l File name . Date. '~•`���'$w6. 01 awing Name CJG DMT 603 �►/ .6/ 0 �► " 2p 6483.DWG ' �IaS�e!ler, +�nler,1Peedd�"Taylvr Iir� �, '�• �1°`�1 � >-AWo ►+o PROF�fION.1L SURf'hFORS.lh'D11filPP.BRS � � • • � . _: ��' • h. • ��.: r" f.4"S€QrPffMV6!ffl; hVEf,S'-W&W �► s i , •t 8.�' Pit ' ,4 +•,ao- f 1655 27th Street, Sulte 2 Vero Beach, Florida 32960 t' Phone: : (772) 564-8050 Fax: (772) 794-0647 OAM- D Boundary Survey for Subirterged Land Lease at .Dabrowski Marina Indian River County, Florida Not Valid Mime Ali Sheets R/W RIGHT-OF-WAY NO. NUMBER R RADIUS L LENGTH CH CHM DISTANCE' C8 CHORD BEARING PSM PROFESSIONAL SURVEY AND MAPPER A DELTA N NORTH S SOUTH E EAST w WEST P.O.G POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING NAVD MOM AMERICAN VERTICAL DATUM L8 LICENSED BUSINESS R)EP FLORIDA DEPARTMENT OF ENVIR-OWENTAL PROTECTION PB PLAT BOOK PG PAOE SO. rT SQUARE FEET nx-sr$lPj1DN FDRJBMERGED LEASE AREA A PARCEL OF LAND LYING IN SECTION 6. 719W0SHIP 31 SOUTH. RANGE 39 EAST INDIAN RIVER COUNTY. FLORIDA, AND BEING MORE PAR71CUL'ARLY QESCRIBED AS FOLLOWS: COMMENCING AT A NAIL do DISK'STAMPED W8Z AT RJE INTERSECTION OF THE NORTH LINE OF PARCEL Of LAND AS DESCRIBED IN OMCIAL RECORDS BOOK 564. PAGE 596, PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA AND THE EAST RIGHT —OF —PAY LINE OF INDIAN RIVER DRl1, THENCE S25'39'00"E; 182.97 FEET To AN IRON! ROD & CAP STAMPED LB 4644. AT THE SOUTH LINE OF AIIDDELTON'S SUBDIVISION PER PLAT BOOK 1. PAGE 56 PUBIJC RECORDS OF INom RIVER COUNTY, FLORIDA; THENCE 58877'26 E ALONG THE SAID SOUTH LINE OF MIDOEL NI'S SUOIVISION 116.14 FEET TO THE MEAN HIGH WATER OF THE INDIAN,RIVE;IT THENCE ALONG THE SAID MEAN HIGH WATER THE FOLLOWING CALLS: WMCE N07W'15"E: 32.94 FEET: THENCE N13S6'13"K. •1609 F&L- THENCe N0274'55"& 42:86 FEE1; THENCE N21 v4'42"E, 14.69 FEET TO THE POINT OF BEGINNING- THENCE CONTINUING ALONG.SAID MEAN NIGH WAM N28'3148"W,1104 FEET; THENCE L AWMNG SAID MEAN HIGH WATER N69O4'47"E, 32.41 FEET; THENCE N2179'4rW. 120.07 FEED. THENCE N'64'S9'24"E, 122.46 FEET. THENCE N6T37'58'& 31.12 FEET; THENCE S2171'23-& 43.03 FEET; 7HENCE S22;6 09'& 4Z 14 FEET; THENCE S23 39'34% 43 7'O FEET THENCE S68 4I41 "W; 77.52 -FEET: THENCE G25O5'08`F Z35 FEET I NE RCE SG` W 24-W. 22.27 FEET. THENCE 524-5'S4"E. 3.63 FEET; *94CE 5678522'W, 87.00 FEET BALD( TO THE POINT OF BEGINNINQ CONTAMNN6 0.48 ACRES (20854, 71 SO FT.) MORE OR LESS Sheet Z of ! a'axn by: thechW by ay • File n CJG �• DMT 1 6483 ostAIler, �ltlol r, .need'& Taylor, .Irs,a • P.RMMMl7N.�ltXVXPffMJ.f'.,AWA"i°Pff' �� • �afiYD.SI:IRi�X�*NCPtIS�Vl�fd'�614 1685 27th Street, Suite 2 Vero Beach, .Florldo 3296Q Phone: (772) 584-8050 Fox: (772) 794-0647 Boun&6 Survey for Submerged Land Lease at Dabrowski Marina • Indian Diver County, Florida Not fraud Without AU Sheets RER M4T QF SUR=- •TYPE OF SURVEY:. Erow RY (IRIS 6 A FIELD SURVEY) • SURVEYOR IN RESPONSIBLE CHARGE DAVID TAYLOR P.S.M. 5243 *MASIELLER, MOL.ER. REED & TAXOR INQ CERIIFTCATE OF AUIKWZ47i0M L.B. 4644 1655 271H SMIETJ SU NE 7. MO BEACH. FLowA 3296a PtfONE (772) 584-8050 • INS SURVEY AND REPORT IS NOr VALID 1NIHOUt THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND FfAf'PF1t. ADRIMS OR DELENONS TO THE SURVEY MAP ANDI'OR REPORT' OF SURVEY BY OTMER THAN THE SILJ7NWG PARTY OR PARTIES IS PROHIBITED lNTINOUT VNTIEW CMISENT OF THE 57(NNDIG PARTY OR PARTI 'ki • HM20UTAL CONTROL ACCURACY: 1E EXPECTED USE OF THE SURVEY MAP AND RMVRT FOR THE LAND. AS CLASSIFIED IN THE MI XW 1ExFpUJCiII,'STAkwwS w-T7•W) IS SUinmA . THE MWMW R&AnW DISTANCE ACCURACY FOR TW TYPE OF. A8Y [:ONTROL SURVEY IS 1 FOOT IN 73W FEET: THE ACCURACY OBTAINED BY Amn4SLfVAjENt AND CAMUTIOLN OF A CLOSED GEOMETNC FIGURE OR REDi111OANCY AP MEASLama wA5 F'mm TO AIEET OR EXCEED THIS REOUIREMENL . •HORIZONTAL FEATURE IICCURACr TOPOGRAPHIC- LAM FEATURES (SfG'NS, NNIEM VALVE'$, AfAFEAI�IM ACC RAC MKWOLM S OR &gr4U � FFVT. FEATURES) NAVE A NORfZdNrAL • VERTICAL CONTROL, ACCURAM . VMNCAL CONTROL AS ESMOUSFIED FUR THIS PROJECT SITE IS AOC M)r TO PLUS OR ApNUS a05 FEET TIMES THE SQUARE ROOT OF THE' GVSTANCE NV MILES. • ELEVAIi0IN8 OF NaL-IDETIMM MATURES C(WTAMW IN TFNs SURWY ANQ MAP HAVE BWq MEASURED TO AN ESTIMATED VE WAL POSITION ACCURACY OF PLUS OR MNNUS 0.10 FEET_ 'DATA ACQUISITION WAS OBTAINED DURING THE FOLLOWM TIME FRAME OR DATE 5110 •THE BEAMS BASE' FOR INS SURWY IS AS FOLLOWS - A) ASSUMED B) THE EAST RIGHT-OF-WAY LIME OF INOIAN RIVER DRIVE AS DEPICTED. C) ?HE LINE BEARS $0025'J9'E • 1HE ELEVATIONS AS SHoKw ON THIS SURVEr ARE BASET) ON Tw WORT AMERICAN VERTpAL DAnAf OF 1981 *NO NN$M M&M OF RECORD RET:IECTNYc'rcAS04mTg ac"T,--OF-war AND/OR 'OWNEIISw HERE FZIlNNI ED TO INS SURVEYOR EXCEPT AS SUM. NO NUE ORNM IS SWRESSED OR JMPUw • IMS SURVEY DOES HOT CERT►FZ' TO THE EXSTEINCE OR LOCAIM OF ANY FOIAYOATIOn UTIUIW, "UrOMM E NCRO4CNMENTS OR IMPROVEMENTS VMEPT AS S1g01K •Uf"SS A COMPARMW IS SHOWK PLAT VALMS A MEASURED VN.UES ARE THE SAME. • ALL MEASUREMENTS ARE IN FEET AND DECIJIIAL PARTS •HEREOF AND ARE 9V ACCORDANCE WTH THE STANDARDS OF IW UANTED STAIE& • THE MORIZONTAL VALUES SHOWN HbMW REFER m THE STATE PLAAB• COORDINATE SYSTEMp FLONDA EAST ZONE. NAO 83 (NOS ADJUSTMENT OF IM) ESTABLISHED USING RTK OBSERYATM& • 1NIS MAP IS II00MM TO BE DISPLAYED A A SCALE OF I -(U4S •NOTED) OR SMALLER. Sheet 3 L f 7 IDraKn by:IChecked by i Filename i 9Date a%�3i�r UG . OMT 6483 6/,- 4 t � . asxe11Qr; .tlloler AfWA''TyCor, PktI,R.B,S.�toN.11 SfIRf'B.irO.Rf'�t1Vb�6G�PP.BiES'' - 4� L.I�VD'SURf�1s'PIJI'�BL�7Yl�f'LP�{�{./ 1655 27th Street, Suite 2 Vero Beach, Florida 32950 Phone: (772) 564-8050 Fox (77Z) 794-0647 1M. Name Boundary Survey for Subrtterged Land Lease at Dabrows i Marina Indian River County; Florida • Not Vaud Without AM Sheen i10 �'`4•-AVP_A.ilR1�1 TFAffaFERTTMTXIZ- r ♦ -u ROD �Ak A M 0 p�r � wQ� . c' .. 4'Z � �', _dtw.01_ AREA • . rie 20854.71 SQ Fr 0.48 ACRES r pP.0.&,..,/ 1258133.2 827434.7 er 1_ t Fnewo ,/4. am ,� , NO. e)Eltnt7Gncw `—a � �g�asaa Pared Use Taws atiM k � 1 1 us Me Lis me area s+h wss"j r for"WE emest �•t L o 14= sttzete't . La Lit hii Imst Isiah hses 41O W oe S slsaeht►'t AB,s<ilelr' 0 100` 20V NV Le ens bX1a wr 1 n_aSl.dl Sheet ,/ O f 1 Drawn by:1 Mama by l Fite name �l Y CJG DMT 6483 .7+JW&Aar, rf&15r, Reed df Taylor, An ; .�RO��FJ'&��lpOTN��L�L+S�URyl.�dc'rP�r11�1Lf�'.+lrND.�blG/l/PF.BRf" 4n1ITp �7 (%R/i1,[+IJ�V RV 7i `Li�.7ai�VT4 1655 27th Street. Suite 2 Vero Beach, Florida 32960 Phone: (772) 554-80M Fox: (772) 794-0647 Partial Lhte ToWe h6 / wob Oh atim V td41 tag I U • =41 fWVt i 'V U team NIIW;;O" L4 U940 NhMIMI't Le JLW x;MVV t Ls wits ="JT- v 47J4 1, -3 1 11 0 41711 SASWJ411 ` 1 W mat ae0+11W91 Lnl... an. sehsonwt t, isa7 1rx4'r OF �•,sa ,rf' �� rr�� VAVW; T�trLft 9�>s'14J r f. .dpM 111SS_�Nsme I�:OWO: 0 Boundary Survey for Submerged Land Lease at Dabrooski M4rina Indian* River County, Florida Not Valid Without AM Sliew AYZf0"LMWBffTWL 4P ,\\ ` �, 10 LWPAW. SHOREUNE OF SUBJECT PROPERTY-205'kk 36'* NATURAL 18,E 169'-+ HEADWALL 82X SHOREUNE OUTH 136:6 ROCKS 12X 947':E* NATURAE 68X SHOREUNE NOR7H 4217* NAWRAL 39X 2 t WA IJ 22X 4 TMENT J9X "'4S. .Sheeteet 5 of CA 7 Drawn by, Checked by Fie name 09 firs ce 07 Draw DH7 . 6483 16/,04/2R1�I "AK W, te, Z 05p, IV, Reed 9 f Taylor, A14 AX&FAffr0A-r fLSqPffT0RSAWAUPPAFS 1055 27th Street. Suits 2 Vero Beach, .Florida 32960 Phone: (772) 564—WSD Fax (772) 794-0647 Name Boundary Survey 1 for Submerged Laud Lease at Dabrowski Marina Indian River County, Florida i Not fraud Wthout All Sluts sXETc�oF. rMVG,�F 1911 �• , -- ff2TArNZrs,9 • dN.D UP-L4AZ?sTA6rcYU"D.ET" • r c? SEE SHEET 7 � FOR DETAIL ` Z5 +uu eo s wcn= WMW � mo- OF SWn t 09 yarKsam a flow of l£AM Ap" WAM MW AE /•AfA f�Tf91 0 a0' 160' N. \ ,Sheet 6 q j� 7 I Drawn by=10hetked by � FRt naml G1G DMT• 6413 • .�arteller �olet;l?ee�� TQyler, Ins • PRDFE�S�ON�LC.S'll1FY�FOJP.S.lNDk�lP3'RRS �} I.�fNDi'rl1Yl�&'PINGBIY,B�'�d1� Y 1855 27th Street. Suits 2 Vero Basch. Florida 32960 Phone: (772) 564-8050 Foss (772) 794-0647 . u Boundary Survey for Submerged Land Lease at Dabrowski Marina Indian River county, Florida Not Pjaid Without All Slsee* IIBTW OF M611'" O AYMN RMI.E"Ml " ra+e , eeu a 3a• 'sor f }�" Sheet 7 0 7 Drawn by: e Checked by File name.- CJG I OMT I 6483 I..�Qg , N`���jlsteller tV �Md � 7NE�QRJ6d` OF A 1 PXQF.�f,1lrlN�fL.�'D.i�Pd�'lt?7Rf'�l1VDhGlPPBR¢' ..�, �� .�..�•,.Y' 1655 27th Street. Suite 2 Vero Beach. Florida 32960 f .F Yr Phone: (772) 564-8050 Fax: (772) 794--0647 • • IVA t aae.ereet.+y.rad By sad pkmRm.ra7e: 3812 waallnd Aesteae 7kn^ iloriie3918 A0 12M TRUSTEE'S DED 7f8L8 11rlDnY'l'I1R8. made M day of ha% rADD.. �2.010. beuaseo RzRm iCl'v.INORRTSA��T,�i�u.iiwwuaTNWaW. OF EMMA= LTH1i'(G T;tG7) AQRZWWT DATED JMY 17. 2007• ohm aahm L 2m Rtaabk wad Dft Fam*paea =4 bO 033A.17A G—m , amd =V 01* arwwM&M Sttet�t ty euttWn mdka lttrar COMM Florida, vdnma MAWR taldreM A t42s Main Steeel. Sebasdto, Florid• 3293A, G . 2W4W 'PHIS DOCUMENT HAS BEEN RECORDED 1N THE PUBLIC RECORDS OF iNMN RIVER COUMY FL BK: 2431 PG:120& P8e1 of 2 07112t O M 1153 AM. 0 DOCTAX PD ssm.00 JEFFREY K BARTON. CLERK OF COURT (Wbm rar ow kmk am owns-amusce red Ivevur' bdwk ea ffie rrft a tale Ua mtnr and A& adM Wd tgtVioat OR%!!!tame! MA !mace• -Grerwr' woo ^rr2sW as mad a w dvpdsr a.d phwA at de caRaR r"*" udtatevrastaW l &din&&e4 %@U Cvramaa. Pot and in soodd xwkn Ord* attaa of Tm DQvw Wdodmr poodmd vab" aaae�Ceadook to Slid ommor In hoard pain by sold Gnaux, the vmdpaberaotis hereby Acbww6sftp4 deed bbvby aaisq veleeee aad•gdteletta alma ale am fiat o" decks, as ice+ fift imraAK oh'vea mad dcloold V" *A so Gomm bat in and eo dw fo mft datmbad hod s+atalq bW=d btdnp bt bdleaRiva Conan, Aeaida gale Sae Eahmit wA• attached berate wad br relWORIemadea PM WOOL By atmepttuoe of tbie T ad y s Dtad, tba s aama h n 6 D ot�Rwuiodvo Corte tsaat 1 In *t hift satsaet to the ootramas and resaiedOm as net taA is t6a Raow* of bdlee Xr4w Camq. Fkdde. TLrse ivverasW cad rtdaalttiwa !Call stto atilt doe Ptapaeiy haoda daaerAre 4 "-Vtaat►iwcoadi onaitheDetsbnd*votRavAcdwCovoulmIsvM mdbydoOnowwrbrummeAwpowMM the l000wledge of ft Came sad dw Gamm dons to coma the vkhdoo pttasoeaa m Ae Dedstvim d'Rteetrie A Oo+�vawaa, lax amrp(e tnk m eR iaataet Lt dae Projtmt Siro a>m0 ba ooavayed W Ibe Hoard of Tnmexs of des imerad IntptosetneaTaua Fnad atahr Star ofFlDrida bt auotdwaoe ahh G7xpoer 9$0, Part �, ilorida Stemtss. TO RAVE AMID TD $OtD the acme mpeew'%*Ia alt mdsbtgnlae dte eppwuma w d mamteo bdomM aria et*vioc appmtambrg and W drs OM . I%k tide,'morn!, rm, *WIW and dams v basooa■at of Ote cud G m w eldw In hvr at e**.as the G*t+ao a me. bw4l rod bdtoo d*e acid Qrao w swi r. TM vMm i3 execoged pmmsm aD and is "wem oEthe powera d audmity pmxd mind 4amd ba=M Ttaleee by the teams of aa% da g or deeds inum ddiveaed to aid Tmatta in ptesmtaae e f du TlttatApreerD.at !boas maadmed. M& Clad is made sAjda tD moss and awssm m Dr Me year 2010 acd ycros dmvaiior and ttubjeet m efeeatmns rmd redodoiiemsef'weeet,' mycc 't4is ooareyauae ie stable! ro testtbctiata, imiudma turd oondhiosn edtswad 8aayeoaawr, bat roysvrb ita4taafa That oaty Nava �o mmauaaasd ns noa>v�' sa-lmpoa.� TEtia property is as die hom+xtadpaopaty oldta�aoi(a), uortso+�ttoatr b 6oatetterd properly. � such bomeetead is deBoed tinder F3aade law. INTary}1 nS WOOF tba GtaaorbasAerammsaGtaumt hod and anal, dw ftm dptaa &Ksbava vdatmt. Skm4 seslad and dalivmed bt dw 7P-stw (5 cure trio " E3i�r�14i 45;v ( rinae� typa+d or sumpad mine of ((Pd a ta[�a iafesbel<t v. irtaaaioa�Saetoeaor Tamtea ad'e6e $ptry�.DahawasJd lrreaoeabie Thm Underl tavDable LhrFap Toast Apt+.emtmt dew 3oly17*20d1 BTATcoF MIC01(wAiU cowl'Y or {ef l Et1FRJ Tip nnmthae Rawatsr*Y*JR.oi3aiebrgovdrsbld0Dmremroeatlbboe'ptd'ay of VA- n t 2010, by DebW V. Mowin, Under Pavoeable lAvbgTmg bpeeams dated July 27,Tso jiftmyPubNeroustaimdteppbwbbbm0 . rr j . �:� a'�1• : "fir , yyknowd me. [bQ ucad s amtmt Bona L ] Mtaed aided - rats oI �i �m ' £.' IL em :.+1 Pi1&A87Jl OFrd (P&6"k Typsd or 5 oarpad Hmae of M4 aety CQMY0FKAMff I YCwmmimton E�vua. u.wwv7TCF4VjfYi I&- • EXHIBIT `A' LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1. MIDDLETCWS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 66. PUBLIC RECORDS OF INDIAN RIVVI+R OOVNTY, FLOWDA, MORE PAfMCULARLY DESCRIBED AS FOLLOWS. ' BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON $ SUBDIVISION AND THE EAST RIGHT -Or -WAY LINE OF INDIAN RIVER DRIVE (BEING.A POINT 37.16 FEET DUE EAST OF THE CENTERLINE OF JNDIAN RIVER DRIVE). THE POINT OF BEGINNING; ?HENCE NORTHERLY I18'413r ALONG THE EAST RIGHT-OF-WAY LINE OFINDIAN RIVER DRIVE. A DISTANCE OF 184.76 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 UNE OF MIDDLETONS SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN RIVER; THENCE WESTTO THE POINT OF BEGWNING. BEING A PART OF GOVERNMENT LOT 1. SECTION 6, TOWNSHIP 32.SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAND, LRORIAL RIGHTS, SHORE RW4f 3 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. 0 Exhibit D Survey 0 Boundary Survey for Submerged Land Lease at rDabrowski Marina Indian River Count,, Florida Not VaUd Without AUSheds AffUZ OFF lWAOVEAMWM r 0 UGH e\v�� art' ww�iw eel 0 � � - = off DiAiED 6f13//��p011D /WD l_1-1_-. •�~ a,, r.;., . LpGITW bJl.�/101d rr ., w.j � •' , .,�::irr.• Sheet f / a ? o�OraWn by; Checked by File nam She � �� / UG DMT 6483 .J. $�"O"1�. NOT Y ,--�1�'�ittATUFiE ,as%Iler, vler lPeed & Toylor, tt a s �r 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) $64-6050 Fox: (772) 794-0647 DAM iA1101 *P�L„ 5 43 i F=••�o*sea a•®8!►8® ib1 1� 6•.n.z 4,4, 0liz ial a(p a® �� Og1�ED�6• �i�r�J.i�® a l l Ills I ;� � li i ��e 111 StiSa�a33@as'J...eCFtlalae�brb g���yn�x vot 14 IL gii Fxp l �i � r� i 5 I 4 l ! , a ; b sOR Exhibit E Lessee's Parking Area 3www MOM ILI J, UWL, "ya NNW owlaw A."ON voom 1 11 1 nu \- . OIL Mom mom rAv lk smum u4,w - - - - - - - - - - - - - am, Exhibit F Boardwalk ' 1 &WON". is ffl �If!!7't't��1i. r+` �!. ash' •:: � .` /•+� ,.•'u: r '�p..4•'•. ,.'ate-?. 14, wom of ij4'�, a»a r 7 g:' •;!"rod''`' 's '�u'^'•� 1 . i• ��� (fit : r, rl..�ry' .��ir _+e.+'^p • a owsaa ,- mod. t .r Exhibit G Stan Mayfield Working Waterfront Grant Contract FCT Contn'act Number ff-CT- E1-M•F8-A1-WW • IWARiDA GOMMUIII TR- 08-003-WW1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE CSFA # 52.013 STAN MAYFW" WORKING WATERFRONT GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNTffiS TRUST ("FCT"), anon regulatory agency within the StateofFloridaDepartment ofC6mm»nityAff=%and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (`TW*ent"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: Wes, the intent ofthis Agreement is to impose terms and conditions onthease ofdw Florida Forever Funds, hereinafter described, and the lands acquired with such proceeds "roject Site', that are neoesse y to ensure compliance with applicable Florida law and foderal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHMMS, Chapter 380, Part iII, Fla Stat., the Florida Communities nities Trust Act, creates a . non -regulatory agency within the Deportment of Community Affairs CVqM1mMt-) which win assist local governments inbYi &g into compliance and implementing the conservation, recreation and open space, and coastal elements of their compr'ehenssiveplans or in consexvingnatnral .:4 w „�w andresoh.mg land use conflictsby providing financial assistfficem local swasnmaxts and nonprofit environmental orgamzations to carry out projects and activities authorized by the Florida Communities Trust Act; WIMWAS, FCT is fimded through either Section 259.105(3Xc), Fla Stat. of the Florida Forever Act, which provides for the distribution of two point five penmd.(LS%/ less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revemie source designated by the Florida Legislature, to provide land acquisition grants to local govmmweflts and nonprofit working waterfront organizations for the acquisition of working wate1*001K WHEREAS, the Florida Forever fiends may be issued as tax-exempt bonds, measning the interest on the bonds is excluded from the gross income of bondholders for federal income tax per; MIEREAS, Rule 9K 9, Florida Administrative Code C`F.A.C:l sets fortis the proceduues fbr the evaluation and selection of lands proposed for acquisitions and Rule 9K 10, F.A.C. sets fortis the acquisition procedures; i89MOMM WM2M twww- GC -1- • WHEREAS, on January 29, 2009, the FCT Governing Board evaluated and scored the applications develop a-ranking-listwof projects to preseot to the Bomd of °Tfftees of Inteiaal Improvement Tract Fund; WHEREAS, on April 13, 2009, the Board of Trustees of Internal Improvement Trust Fund selected and approved the projects which will receive funding WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for feuding in accordance with Rule 9K 9, F.A.C., and by ecearting this Agreement the Recipient reaffirms the repuesaatations made in its application; WHEREAS, Rule 9K 9, F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects are selected for funding; and WHEREAS, the purpose of this Agreement is to act forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever finds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known such as the purchase price, other project cosh, and the terms upon which as owner will voluntarily convey the property. NOW THEREFORE, FCT and the Recipient mutually agree as follows: • L PERIOD OF AGREEMENT 1. * This A&, . � ;..dui shall begin upon the Recipient's project being selected for finding and shall end April 15, 2010 ("Expiration Date"}, unless extended as act forth below or unless temainated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that significant progress is being made toward the acquisition of the Project Site or that extenuating arrumstanoes warrant an extension of time. If FCT does not grant an extension the Recipients award sW be rescinded and this Agreement shall terminate. II. MODIFICATION OF AGRLEMLNT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. M. DF.ADU NES 1. At least two original copies of this Agreement shall be execautedby the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 323W2100, as soon as possible and before May 15, 2009. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an • osmawwi 4a L% no smww - cc -2- original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, ��o..origi�Ae�:::�s1�:�:utherci�s.•.ti�gt>sa.�►�:beeaeed�to�he:Recipieais :.:.:. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agrac merit, as well as deadlines associated with any FCT activity relating to the project, shad be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to Fee as soon as possrWe so that the Froject Site may be acquired in an expeditious manner. 4. No later than May 15, 2009, the Recipient shall deliver to FCT a written statement from The project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT, ifnot previously provided in the Application. No acquisition activity shall be C=onenced prior to FCT receipt of this statement 6. No later than May 15, 2009, the Recipient shall deliver to FCT the excmded Confidentiality Agreeanent provided to the Recipient by FCT, pursrmnt to Rule 9K S.00g(3), F.A.C. No acquisition activity shall be commenced prior to FCT receipt of the executed Confidentiality Agreement. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award's will in no event tweed the lesser of Percent (9OVO of the final Project Casts, as defined in Rule 9K 9.o02(17), F.A.C:, or Three Million One hundred Sixty Three Five Hundred Dollars And Zero Cents ($3,163,500.00) unless FCT approves a different amount after detam nation of the MAPP, which shall be reflected man addendum to this Agreement. FCT will not participate in Project Costs that exceed the grant award amount. The FCT Award is based on the Recipient's estimate of final Project Costs in its application. When disbursing the FCT Award, FCT abail reoogaixe only those Project Costs consistent with the won in Rule 9K 9.002(1 A F.A.C. PCT &ball participate in the land cost at either the actual purchase price or the IvgAPP, whiehever is less, multiplied by the percent staffed in the above Pffi'�Ph• 2. The FCr Governing Board ranked and the Board of Trustees of the Internal Improvement' Trust Fund ("Trustees") selected the Recipient's Application for ftxHng in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the pmject design is changed so that the objectives of the acquisition cannot be achieved. Wr shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K.9.009, F.A.C. osooawwt F.J ♦pu is, zoos srd w-Gc -3- • If the Project Site is comprised ofmultiple parcels and multiple owners, then FCT reserves the Aght to withdmv aradjust the FCT Award ift optiotity'1*=I(s) or:a sipifi it portion owe projzot Site cannot be acquired. 3. The FCT Award shall be delivered either in the fm ofProject Costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good businesspmctices and cube completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple peace&, FCT shall deliver at the closing of each parcel only the share of the FCT Award that corresponds to the parcel being closed. FCT shall prepare a Smut reconciliation statement prior to the closing of dr, Project Siteparccl that evidences the amount of Matchpravided by the Recipiart, if any is required, and the amount of the FCT Award. Furls cgxadedby FCT for Project Costs shall be recognized as past of the FC'r Award on the grant reooDdfiation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K 9.OQ2(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipientshall deliver at the closing of each parcel the share of the Match that corresponds to the parcel being closed. Funds by the Recipient for Project Costs shall be recognized as part of the Mate on the grant reconciliation statement. S. By executing this Agreement, the Re*ent aflirms that it is ready, willing and able to provide a Mate, if any is required. • 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipieaat subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Projed Site land value due to an enhanced highest and best use, FCT acquisition activities shall be terminated unless the Seller agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCrsperformance and obliptiontofinanciallypwhampayunder"Agreementis contingent upon an ammuel appropriation by the Florida i egislaft% and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 8. FCT's performance and obligation to fiunancially perforin under this Agreement is contingent upon the issuance of Florida Foram Revenue Bonds issued by the State ofFlorida and of the proceeds of tine Florida Forever Revenue Bonds being released to the Depaartment. V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified matt, return receipt requested, to: Apt A 2W shtww - cC A- Flo�da�t�mrt�nitlas Trost 2555 Shumard Oak Boulevard Tallahassee, FL 32399 2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCr that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Rebecca Grohall Title: Growth Management Director Address; 1225 Main Street Sebastian, FL 32958 Phone: (7721388-8228 Fax: (772)388-8248 l_maii. rgrobalWaltyofsebastian.org 3. The Recipient authorizes the administrator, employee, officer or representative named in this p mWVh to execute all documents in connection with this project on behalf of the Rec pient, mckW ing, but not limited to, the Grant Contrail or nay addenda thereto, purchase agree;maWs) for the p werty, grant reconciliation statement, closing doo meats and Declaration of Ra tactive Covenants. Name: AL Mianer ,Title: City Manager Address: 1225 Hain Street Sebastian, FL 32958 Phone: (772)388-8200 Fax: (772)581-0149 Enw1, aminner@cityofsebastian.org 5. In the event that different . ;,y. w w.,tatives or addresses are designated for either paragraph 2. or 3. above altar execution of this Agreement, notice of the changes shall be rendered to FCr as provided in paragraph l . above. 6. The Recipient hereby notifies FCr that the Recipient's Federal Employer IdW6ficationNumber(s)i3 59-6000427 88403-vvvvi Apt M 2W SMW W - GC -5-- • VL PRE -CLOSING REQUIREM TENTS Prior to FCT approval of the -signed purchase ag eement(s), closing(s) of the real estate transactions) to acquire the Project Site and final disbursement of the FCf Award, the Recipient shall submit to FCT: e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. b. A signed statement by the Recipient that the Reralnpient is not aware of any pending criminal, civil or wgulatory violations imposed on the Project Site by any governmental agency or body. C. A signed statement by the Recipient that all activities under this Agreement oomply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. d. Additional' as may be requested by. FCf to provide Reasonable Assurance, as set forth in paragraph VITA. below. 2. FCT shall approve the terms under which the interest inland is acquired Section 380.510(3), Fla. Stet. Such approval is deemed given when FCT approves and executes the • purchase agreement for acquisition of the Project Site, further described in paragraph VI.l.a. above. 3. All real property shall be obtained through a Voluntarily -Negotiated Transaction, as defined in Rule 9K 9.002(42). The use of or threat of condemnation is not considered a Vohmtarly- Negotiated 'Transaction. 4. Any invoices requested, along with proof ofpayment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. Interest in the Project Site shall be titled in the Recipient. 7. The transfer of interest to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule Chapter 9K 10, F.A.C., havebeen fully complied with by the Recipient and FCT and the Recipient has complied with all Purchase Agreement requirements. 8. The deed transferring interest of the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. VIL MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate draasamcdon(s) and final disbursement of the FCT Award, the Recipient shall submit to FCT aid have • 0843wwi Apra' 15, 2009 -fi- approved a Management Plan that complies with Rule 9K-9.010, F.A.C- and addresses the criteria . i €its:in A icy .. 1U rAX: OGb ThQ RN*Wa8. Y to coordinate with. Per staff in order to ensure that FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the Project Site and the disbursement of the FCT Award. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and mect the terms and conditions of this Agreement. The Mmagemeet Plan shall include the following: a. An introduction containing the project name, location and otherbackground information relevant to management b. The stated purpose for wphing the Project Site as proposed in the Application and a prioritized fiat of management objectives. a A detailed description of all proposed uses including adsting and proposed physical improvements and the impact on natural resoucces. d. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical'„�e.. ,i—.ents. e. A description ofpaoposed educational displays and programs to be offered, if • applicable. • £ A schedule for implea►tenting the development and management activities of the Management Plan. g. Cost estimates and finding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Mmagemenat Plan shall include a signed „ . r. between the Recipient and the managing entity stating the managing entity's willingness to manage the site, themanner in which the site will be managed to Auihw the pupose(s) of the project and the ideatificatian of the source of funding for n ae&- in the event that the Recipient is a partnership, the Recipient shall also provide FGT with the interlocal agreement that sets forth the rdationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the project Site as apart of its Project Plan. 4. To ensure boat futrue management funds will be available for the management of the site is pdpetnity pursuant to Section 259.105 and Chapter 380, Pat III, Fla.Stat., the lta*ent(e) shall be required in, provide FCT with Reasonable Assm nice, pursuant to Rulo 9K-9.002(19), F.A.C., that ithas &e fiaaxW resources, background, qualifications andoompeftwtommsegeltie Project Site is perpetuity in a reasonable and professional mariner. Where the Recipient is a Non- profit Woridug Waterfront Organization and does not include atleast one Local Govermcentpattner, t8.o &WW1 AVG L%2W sue_ GC -7- • FCT will require the Recipient to establish a management endowment in an amount sufficient to ensureprovide a guamng►;or;,pledge by the L W—zQovemniwt -%e-Wm&- Management District inwhich the project is located, or amenaging agency of the Board of Trustees to act as a backup manager to assume responsiVity for management ofthe Project Site in the event the Recipient is unable to continue to manage the Project Site. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use ofthe Project Site Or any use the=fnotinconfomdtywith the ManagemeatPlan approved by FCr. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Major land alterations shall require the written approval of FCr. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed strnchm, buildings, improvements, sips or land alterations will not adversely impact the management of the Project Site. F=s approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K 9.012, F.A.C., each year after FCr closes on the Project Site, the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress mace on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already desanribed in this Agreement, which apply to • all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particularto the project site and result from either representations made in the application that received scoring Points or obsarvatioms made by FCT staff during the site visit desoeW in Rule 9K 9.007, F.A.0 1. The future land on and zoning designations of the project site shall be cbenged to working waterfronts or other simuZar category. 2. A permanent recognition sign, at a minimum size of 3' x 41, shall be maintained at the entranceea arm of the project site. The sign shall acknowledge that the project site was purobased With funds from the Florida Communities Trust Program and the Recipient 3. At closing, the existing submerged land leave will be transfer to the Recipient. 4. Prior to closing, the Recipient will provide a letter from the Depar went of Environmental Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part 1V and 403 Florida Statutes and the submerged land lease for all faalities or shucturres on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities or structures are not subject to a state sovereignty submerged land lease. AWS 1% 2009 5. Annually the Recipient will provide a letter from the Department of Environmental l7 .. u .:sk?rotea on.statng.the,Pac dcnt isin.003npllanmeaitb:Chaptem 7.SS,a SS8 '37&-Fert l-V..403. Florida Statutes and the submerged land lease far all facilities or structures on the Project Sits that are located over state sovereignty snbma rged land and that applicable fees or weWip certification fomns are current or that the faciNes. 6. One ofthe existing buildings, on the project site will be used as a working waterfront building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional Workking Waterfronts. 7. Permanent structured displays of artifacts and other items shall be provided that pmvides information about the economic, cult uil. or historic heritage of Florida's traditional Working 8. Interpretive ]desk or signs shall be provided that educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts IX. DECLARATION OF RESTRICTIVE COVZNANTS RXQUUtZdFNU 11MPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. l . Each parcel in tine Project Site to which the Recipient acquires interest shall be subject to a Dwlamtion of Restrictive Covenants demibing the parcel and Containing such covenants and restrictions as we, at a mime nun, sufficient to ensure that the use of the Project Site at an times a complies with Sections 375.051 and 380 510, Fla. Stat.; Section I I (e), Article VII of the Florida Constitution; the applicable bond mi eaiuteunderwhida the Bonds were issued; and anyprvvwon of the Intemal Revenue Code or the regulations promulgated thaemder that pertain to tax cmmpt bonds. The Declaration oMestnebve Covenants shall oontaia clauses providing for the conveyance of interest to the Project Site to the Trustees, or a Nonprofit Working Waterfront Organisation or goverment entity, upon fa' h re to comply with any of the covenants and restrictions, as further descnbed in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time ofproject selection and initial get approval. The Declaration ofRestrictive Covenants shall be executed by FCT and the Recipient at the time ofthe closing ofthe Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or couidition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Re*ent, the Redpient shall be notified of the violation by written notice given by personal delivery, registered mail or registered meted services The reapient small diligently commence to cure -the violation or complete curing activities within thirty (30) days afk a receipt ofnadcoofthe violation. Ifd a cruiag activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of at Coring 0841 'WWI ApSis,2W armour- cc -9. . • activities. FCT shall submit a written response within, thirty (30) days of reoeipt of the request and approval shell.notbe amreasonably-withheld: It•.is:FCrs positiblfthat Iffi-vuringlefivi&Sshdli be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances mist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, all interest in the Projed Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, Nonprofit Working Waterfront Organization, Water Management District m wbich the project is located, or a managing agency of the Board of TSrustees who agrees to accept interest and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4Xe), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDTITON OFPROJECT FUNDING 1. The interest acquired by the -Recipient in the Project Site shall not serve as security for any debt of the Recipient 2. If the existence of the Recipient terminates for any reason, interest to the project Site shall be conveyed to the Trnstees unless FCT negotiates an agreement with another local goverment, Nonprofit Work ingg Waterfront Organization, Water Management District in wbic h the project is located, or a managing agency of the Board ofTrustees who agrees to accept interest and manage the Project Site. • 3. Following the acquisition of the Project Site, the Recipient shall ensure that the future land use and zoning designation assigned to the Project Site is for a category dedicated to working waterfronts. Ifan amendinent to the applicable comprehertsive plan is requited, the amdment shalt be proposed at the neat comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FM staff or its duly authorized natives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign recognizing FCT's role in the acquisition of the Project Site. XL OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEAS 1. FCT is authorizer) by Section 390.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the projeci complies with the requirements for theuse of Florida Forever Bond proceeds including, without limitation, the provisions of the TntMW Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circcmostanees array have negative legal and tax oonsegneflces under Florida law and federal income • e5a03-ww1 April 15, 20M sw" -.", -10- f tax law. The Recipient further agrees and aciaaowledges that these disallowable activities may be allowed upto4t4grain4agutbasedanr-guidelinesor-tutsoudiae h #lieFefdwal-PtivateAttivity regulations of the Internal Revenue Servicc a. any sale or lease of any interest in the Project Site to a non-overrmnental person or organization; b. the operation of any concession on the Project Site by a non -governmental person or organization; c. any sales contract or option to buy or sell tbings attached to the Prcject Site to be severed from the Project Site with a non -governmental person or motion: d. any use of the Project Site by a non -governmental person other than in awl person's capacity as a member of the general public; e. any dmp in the character or use of the Prajed Site from that am expected at the date of the ism m w of any series of Bonds from wbic h the disbursement is to be made; f. a management contract for the Project Site with a non -governmental person g. su& other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the %vsbm% is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided fir in paragraph V.1., at least sixty (60) calendar days in advance of arty such transactions, everts or c3rctmtstanoes, and shall provide to FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. in the event that FCT determines at any time that the Recipient a enugaging, or allowing others to engage, in disallowable activities an the Project Site, On Recipient shall immediately cow car cause the cessation of the disariowable activities upon reompt ofwrittennotwe from FCT. in addition to all other rights and remedies at law or in equity, FGT shall have the right to se* tempoM and permanem injunctions against the Recipient for any diuU.oweble activities on the project site. DU EGATIONS AND CONTRALCI UAL ARRANCEMEM BETWEEN THE RBCI Mr AND OTIHR GOVER MUNTAL BODMS, NONPROFIT ENTITIES OR NON GOVEOMIBNTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RE11WE THE RECII'MM OF THE RESPONSIBUM TO ENSURE THAT THE CONDITIONS RAPOSED HERE N ON THE PROJECT SITE AS A RESULT OF iPI'II.IMG - • s6M&WW1 Apt L% 2W 6Mww _ GC .... -11- BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRAM— WGi RARTY. . XII. RECORDKEEPING; AUDIT REQUnWIENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable tunes for inspection, review or audit by state pasonnel, FCT and other personnel duly authorized by FCT. "Reasonable" shad be construed according to the circumstances, but ordinarily shall mega the normal business hours of 8.00 a.m. to 5:00 pm., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 213.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules ofthe Auditor General. In determining the State financial assistance agxmded in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -Mate entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriatim In connection wiih the audit vegnireenents addressed herein, the Recipient shall ensure that the audit complies with the of Section 215.97(7), Fla. Stat. This includes submission of a reporting padcage as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10550 (local goverment entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. . It may be necessary for the Redpient to amend prior fiscal year audits to account formoeiving the FCT giant funds because the deter aning factor of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 691-5.004(2Xa), Florida Administrative Code, the determination of when State financial assistance is expended should be Rased on when the activity occurs (the activity pertains to events that rogWre the nonslate entity to comply wfth contracts or agreements, such as expenditure transactions associated with grants.) Additional prior fiscal year expenditures of State financial assistance should be added to total expenditures of State financial assistance previously reported for the prior fiscal year to determine if the threshold was exceeded. I€so, the nonstate a ntity should take appropriate action to provide for an audit fear the prior fiscal year in accordance with the Florida Single Audit Act. 3. If the Recipient expends less than $500,000 in State financial assistane a in its fiscal year, an audit conducted in accordance with the provisions of SwdQn 215.97, Fla. Stat. is not required. If the Re dpient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-Stato funds (f.e., the cost of such an audit must be paid from Recipient fiords not obtained from a State entity). . 0B-W Vn AO K U" $14+!lYOY' - GC -12- • 4. The animal financial audit report shaU inchdo all management lettem dw ReaipieQt's I nsponse ;te.all,find =c u hng.*on=tve actions- ton iao -talam. -and -a e- of Anancial assistance specifically idembfying all Agreement and other revenue by, sponsoring agency and ageement umber. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of Nu following addresses); Office of Atdt 3avices 2555 Shumard Oak Boulevard Tallahassee; Florida 32399-2100 and Florida Communities Tnmd 2555 Shamard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building I 1 I West Madison Stet Tallahassee, Florida 32302-1450 S. Ifthe audit shows that any portionofthe fiords dishtsedhimmderwerenot spent in awmisnoe with the conditions of this Agreement, the Recipient shall be held liable for 16W �cet to FCT of all farads not spent in accordance with the applicable regaladens and Ageenent provisions within thirty (30) days after FCT has notified the- Recipient of such n000r comoiance• 6. The Recipient shall retain all financial records, supporting domnents, statistical records and my other documents pertinent to this Agreement for a period of five (5) years after the date of mfti on of the final expean& u w mpart However, if litigation or an audit has been initiated prior to tLe e�ration of the five-year period, the records alrail be retained until the litigation or audit ftft have been resolved. 7. The Radpicaat shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public socountant ("1PA"j who slrali either be a on -mad public a. o , , , � � , A: A or a public aowuntent licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. X1IL DEFAULT; REMEDIES; TERMINATION 1. Iftbenecessary fiords are not ava7ableto fond this Agraementas area t ofaction by the FlondaLapdatnnorthe Officeofthe Comptroller, orif ewy ofdw events belowoom C%vents of Default"), all obliptions on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option„ exercise any of its remedies set forth • 0840-Wwt ArtA2Wvw- -13- herein, but FCT may maim any payments orparts ofpayments after the happening of any Events of i�efaultvi►ith #theaeby iiavM ierigbtt6 dxei+csscsudi-ieameidies; abdnv ithbritbab ii tslz make my fiuther payment. The following constitute Events of Default: thereunder; a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any inspect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCr and has not cured such in timely fashion, or is unable or unwilling to meet its obligations b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports fled or to be filed with Mr, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; c, Many reports or documents required by this Agreementhave not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its is obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursait of any one of the following remedies shall not preclude FCT fiam pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Turninate this Agreement, provided the Recipient is given atleast thirty (30) days prior written notice of The notice shalt be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action tD enforce performance of this Agreement; C. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial aeons, including, but not limited to, requesting additional information from the Recipient to define the reasons for or the extant of non-compliance or lack ofpm1bormance orissuing a written is 08443-WWI AWL%2W sM'WW rc -14- i warning to advise that more serious measuzu maybe taken if the situation is C. Exercise any other rights orremalkswhich maybe otherwise availableunder law, inchtding, but not limited to, those described in paragraph DL3. 3. FCT may germinate this Agreement for cross upon written notice to the Rempient. Cause shall include, e, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely mummer; Mure to make significant progress toward the closinig(s) of the real estate transaction($) and Management Plan approval; and rerfiusal by the Recipient to permit public access to any document, pier, letter, or other material subject to disclosure under Chapter 119, Fla.StaL, as amended. Appraisals, and any other reports relating to value, offers and eounieroffeas are not available for public disclosure or won and are exempt -from the provisions of Section 119 07(1), Fla_ Slat, until a Purchese Agreement is executed by the Owner(s) and Recipient and conditionally aempted by FCT, or if no Purebase Agrewnent is executed, then as provided for in Sections 125.35S(lXa) and 166.045(lxa), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its soledb%vlion, that the eontimation of the Agreement would not produce benefiaal results oommensvrate with the finther eagm iture of fidnds by providing the Recipient with thirty (30) calendar days prior written notice. 5. IURecipient may request terminationofthis AgR+owuentbefoteits Bpn monDate by a written request fiddly describing the c ircamstances that compel the Recipient to terminate the project. A request for termination shall beprovided to FCr in amenner described in paragraph V.l. XIV. LEGAL AUTHORYYA.TION l . The Recipient cif e s with respect to this Agreement the it possesses the legal authority to receive funds to beprovided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otheawiis% the execution and aomptenee of this Agreement with all covenants and assurances gained hervin. TheRecipient also certiSes dud the geed possesses the authority to legally execute and bind the Recipient to the teams ofthis Agrament. XV. STANDARD CONDITIONS 1. This Agreement shall be construed undo• the laws of the State of Fimida, grid venue for any actions arising out of this A& . ,� ; _ , ..: sW lie in Leon Courtly. If any provision hereof is in cou liet with any appl%abie statute or role, or is otherwise a f+orreable, then such provision shall be deemed cell and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or fair n to insist on strict perforrmnryce by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FGT der, or affect the subsequent exercise of the same right or remedy by 1?G'i' for any further or subsequent default by the Recipient. Any power of approval or disapproval saucer -WWI '+ Apra L% aosa 94" - GC -15- • pumd to FCT under the terms of this Ageement shall survive the terms and life of this Agreeoseut -as a -whole - 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101336, 42 U.S.C. Section 12101 at seq.), if applicable, whM prohibits discri 'dnation by public and private entities on the basis of disability in the areas of employment, public acxommodations, tzansportation, State and local government services, and in . 4. A person or affiliate who has been placed on the convicted vendor On following a conviction for a public entity crime or on the discri Amory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contact with a public entity for the construction or repair of a publics building or public work, may not submit lease bids on leases of real property to a public eney, may not be awarded or perform work as a con motor, surlier, , or consultant a War a comrac t with s public entity, and may not transact buz== with any public entity in eaoess of Category Two for a period of thirty-six (36) months firom the date of being placed on the convicted vendor list or on the t�� 01 w, w , d i i Aory vendor list. S. No finds or other resources received f m FCT in connection with this Agmcment maybe used dhvdy or indirectly to influence legislation or any other official action by the Florida Le &iature or any state agencay. This Grant Contract embodies the entire a®reement bdwan the pasties. • Ile WITNESS OF, the parties hardo have duly exerted this Gnat Contiaat. CITY FL O TRUST sy Al xtmer By: Kea: ReecY • Title cC� elmgger - Program Manger Dare: 4Izµlo4 Data "7—o� 'ty: App ere to orm and Legality: By: By. Print N Scheel A. Giasbuzg Kristen L. Coons, Trust Counsel MEET& , 9,& . ' /r . Sally A. tta , C - City Clerk Contract No.fflel-"dZ-d�-�i-At -wtJ �r,..,.: _;::�.:..,��:.�::FGI'-Proj�a�t•Ne�08-003=�'.W.�i:..:::: „d.. This is a Confidentiality Agreement ("Agreement") pursuant to Rule 9K I0.005(3), Florida Administrative Code (F.A.C.). Part%a to the Confidentiality Agreement: The City of Sebastian ("Redpient"), a local govegmmm of size State of Florida, and the FLORIDA CONIl11f t7NMES TRUST ("FCT"), a non-agulatory agency within the Department of Commuuuty Affairs. Parcels Covered by tbis Agreement This Agreement covens all parcels identified as part of the project site in SMW W application 0&OQ3-W W l that was selected for funding and is governed by a [Smut Contract forFCf Project Anober 08-003WW1("Projed Site"). Confidentiality: a) Pm ad to Rule 9l-10.002(8), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspet Lion and is exempt fiom the provisions of Section 119.07, Florida Statutes (F.S.). b) The Recipif and its agents shall maintain the confidentiality of all appraisals, offal, and counteao$eus asreguited by Section 125.355(lxa), F.S., for counties, or Section 166.045(]xe), r F.S., for manic oAffies, and Chapter 9K 10, F.A.C. The RecapiW may disclose suc'b confidential information only tv the .individuals listed herein below. c) Requests to add persons to the disclosure list shall be made in wiitimg. Upon the written oomsaat of the FCT Community Program Manager, the Recipient shall execute an Addendum to the Agreement. All com�fidentiality , . �, ; . , :.:.eats outlined above shall apply to individuals added to the list. d) Tho undersigaaed board members and staff of the Redpient and its agents, if any, agree to maintain the oonfidentiality of appraisal information, offers and counter-offers concerning FCT Projed Number 094M WWI, as required by Section 125355 (1)(a), F.S., for counties or Section 166.045 (1)(A), F.S., for municipalities, Chapter 9K 10, F.A.C., and this Confidentiality Agreement between the Recipient and FCT. U8 OQ3-WW1 -4/15ae" • 0 e) The undersigned certify that they have no legal or beneficial interest in the Project Site. Date Recipient Board Member, Sipatsue Staff or Agent Nana &11 12009 mayor eicbwd H. GilLnor 4/ 2 2/ 2 0 0 9 _ VIM Hagar Jim Hill 4 / 2 2 / 2009 Co wdI Nodmw Ater 1 Gay 4 / 2 2 / 2 00 9 Couecil Member Do]e Si�mdrlc]c / A1.2212009 Camcil Member E�em Wolff Al Now, City Mwager 4 / 2 2 / 2 09 Iebw= Groball, Gzaath rgnt. Dir. 4 / 2 2 / 2 0 09 Robert Gimbuq, City Attomer 4 / 2 2 / 2 00 9 Sally.A. Neia, City Cleric L. �+ CITY OF TLA.N By. Title. 1{m aer Date: 4 12.efl09 Appmnv to iOnn and legality: By: Rabe:t A. Ginsburg 71tIC City Atey ATTEST Sally A. Na , C -City Clerk • OB-b03-WW1 2 �llylUU9 .. . FLORIDA COMMUMTMS TRUST By: Kam Reecy Community Progam Main agea Date. 5 -i -O9 Approvedasto fawn and legality: Sly--�— By. Kristen L. Coons Title: ' gag Counsel FCT Contract Number i%Cr 61- 0$ f� A2-003 • FLORIDA COMMUNnr1ES TRUST W W 1 Award Number 0S-003-W W i SEBASTIAN WORKING WATERFRONT COLLABORATIVE ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the C1TY OF SEBASTIAN. a political subdivision of the State of Florida (Recipient), this lye day of - f401 - - , 2010. NOW THEREFORE, FCT and the Recipient mutually agree as follows: WHEREAS, the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial term of the Grant Contract expires April 15, 2010; WBEREAS, the Recipient in accordance Section 2 of the Grant Contract has timely submitted • to FCT a written request for extension of the April 15, 2010 deadline; WHEREAS, Section 2 of the Grant Contract states that the Grant Contract may be amended at any time and any modification must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Grant Contract; NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I of the Grant Contract the parties hereby agree to revive it nuns pro tune as though it had not lapsed in accordance with paragraph 1., 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before April 15, 2010. 08-003-WW l April 15, 2010 GCAMD.1 • L_..- 3. The Grant Contract by and between FCT and the Recipient is hereby extended until October 15, 2010., . This Addendum I and the Grant Contract embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I. CITY F 9ASTIAN FLORIDA ✓COMMUNIMU TIES TRUST ' f�P B . By: Al M' er Ken Reecy City Mana Community Program Manager Date:_ n e. _ U �'�/ Date: Approved as to Form and Legality: Approved to Form and Legality: i By: • Robert A. Ginsburg ` Kristen L. Coons, Trust Counsel 08-003-WW 1 April 15, 2010 GCAMD.1 • 2. • Exhibit I For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. • • Exhibit H Declaration of Restrictive Covenants 2W74S4 THIS DOCUMENT HAS SPEN RECORDED IN THE OUSUC RECORDS OF INDtKN RIVER GOUN1`Y Ft. This docamot pmpated by:. BK 2431 PGA M Pagel et 12 07M2=0 at 11:63 AM X*ten L Coons, PAgWw norw commmmas Tost JEFFREY K BARTON. CLERK OF COURT DepartmW of GCm pnity Affairs 2555 Shumard Oak $lvd. Thashassea, FL 32399 FWRIDA CONMUNITIPS TRUST SMWWl AWARD #08-003 Wirt FCT ConftwA *09 CT E1-08-F8-G1 WW1 . SEBASTIAN WORIONGVATERFRONT DECLARATION OF 1t'CSMCTNE COVENANTS TIUS DECLARAnON is entered into by and between the FLORIDA CONIlYI[JNITIES TRUST ("FCT'5, a nettregulstary agency within the State of Florida Department of Community Affairs, and fhe CITY OF SEBMTL4N, a political subdivision of the State of Florida ("Recipienf'). THIS DECLARATION IS ENTERED INTO. BASED ON TIE FOLLOWIN FACTS: WMRFMf the intent of this declaration is too impose terms and conditions, on the use of state funds and the lands.sciquired with sect, state AM4 as described in Exhibit "A" attecbW hereto and made a part L.emf ("Project Site"), that are necessary to ensure compliance with applicable Flarida law and to otherwise implement the provisions of Sections 259.105, Z9.1051 and Chapter 3.80, Part III, Florida Statutes; WHEREAS; Chapter 380, Part III; Fla. Stat, the Florida Communities Trust Act, creates a non: regulatory agency within the Department ofC, "-,- -�Xf Affda ("Department") that will assist Iced governments in bringing into compliance and ithe conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing fmaneial assistance to local govemments.and nonprofit worlung wad xftut organirationa to aatry out projects and activities authorized by the Florida Communities Trust Act; WTMMS,- the people of the State of 'Florida are concerned about the loss of adequate access to tidal waters for the commercial harvesting of wild and. aquacultured marine organisms witthin the State of Florida; WHEREAS, FCT is funded through either Section 259.105:(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of two point five percent (2.5%). less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local goveritmeuts and nonprofit working waterficot organizations for the acquisition of working DRC108-003-WW1 6/11/2010 r WHEREAS, the State of 'Florida, acting by and through IFCL and the Recipient seek to permanently preserve and conserve the Project Site as a working waterfronts sinct the Project Site has significant value as working waterfiont real estate to provide access to ticW waters to support or to provide direct services to Working Watorfimts Businesses; WMMM., Rule 9.K-9, Florida Administrative Code (T.A.C.-), sets forth-thapncedures for the evaluation aWsoloction of lands proposed for acquisition and Rule 9r,-1 0, F.A.C. sets &A the acquisition procedures; WHEREAS, FCT has approved the t undet which the Project Site wus acquired -and the deed Whereby the Recipient acquired title to the-Projeot Site. The deed -shell contain such.covenant MW restrictions as are sufficient to ensure that the use of ft Project Site at all times oomplies with Section 375.051, Florida Statutes and Section 9, Article Xff of the State ConodoWon and it ftU contain clauses providing for the conveyance of tide to the bcdect Site to the'Baid of Thtstees of the h0smal'1mpvv=zwt Trust Fund r7mste&) upon the Mute ofthe Recipientio use the Project Sits acquired dw* for such purposes; WMMBAS, the PM7M Of d* DMUratliOn is to set forth OW cbvwmb and restridtions, that are imposed on the P4ect Site subsequent to disbursing FCT Florida Forever. funds to ffid Rio*at for Project Costs; WHEREM;dlis Declam6on coish-tutusarestriction and covenant that shall hViernm-with the -bud and is binding upon the Recipient, its successors, and assigns in the -event of M transfer, sale or foroclosare of the Project She. NOW THEREFORE, in consideration of the mutual covenants and wdmtdags ad forth herein, imd other good and valuable consideradon, the recifipt and sufficienclof v4ich.is hereby aelmowWged, FCT and the Recipient do hereby contract and agree as fenOW0.1 L PMUOJD 01F AGREEMN T 1. This Declaration Shull bo& Upon cxecution by both parties. The ooveffants and rest bdons coWned herein shall run with tho Project Site and shall bind, and the'bm*fitaban inure tio4 PCT-and the RpOpiest and their respe.cOveaucoessors -mid assigns. 11. MODIFICATION OF DECLARATION I. Either ph* may request modification of the provisions of this VWM-gflon at any time. Changes which we mutually agraW uponsholl be validoinly-lliftnteducWtovvn' aftdduly signed by eack of the parties hereto. Such amendments shall be incorporated into thisbiclaration. JU. 'RECORDING AND APPROVAL OF DECLARAUON OF RV4MCTM D1tQ08-003-WW1 COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Declaration to be recorded and filed in the official public records of Indian River County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient sball pay all fees and charges incurred m connection tl mvntb. 2. TIM Recipient and FCT agree that the State of Florida Department of Environmental Protection shall forward this Declaration to the Dgmtm6nt of Environmental, Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Declaration so that the tax-exempt status of the Florida Forever Bonds is not jeogardmd. FCT and, the Recipient shah amend the Declaration accordingly. TV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Declaration shall be in writing and delivered either by hand delivery or first class, ca rtified mail, return receipt requested, to the addresses specified below. Any such noticeshall be deemed received on the date of deliyery if by personal delivery or -upon actual receipt if sent by registered mail. FCT; Florida Communities Trust Department of Community Affairs 2555 ShuanLrd Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Program Manager Recipient: ATtN., 2. in the event that a different ropxesentative or, address is designated for paragraph 1. above after execution of this Declaration, notice of the change shall be rendered to FCT as provided in paragraph I. above, V. PROJECT SITE TITLE REQUIREMENTS DROSED BY CHAPTER .259, CHAPTER 375: AND CSAPTEIt 386v PART L%. FLA. STAT. 1. Any transfer of the Proj ect Site shall 14e subject to the approval .of FCT-and FCT shall enter- iuto a new ap=ment with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. DR008-003-W W l 2. The interest acquired by the Recipient in the Project Site shallnot save as seaurityfor aay debt of the Recipient. 3. If the existeace of the Recipient. terminates for Bay reason, title -to the project S* shalt .be conveyed tp the Trustees unless FCT negotiates an agreement with another -local gbvftWt, nonprofit envimnmental organizadoai, the llorida Division of Fviresfty, the Florida Fib and V"jldit& Conservefion iromT U$1On; the l)eparWumt of Envimnmental. Notection .or a �V_ ater Management District who agrees to accept title and manage the Project Site. 4. In theevent:&d the ftoject Site is damaged or -destroyed ortitieto the.Project Site, of any par! #nano$ is taken by any goveimnental body*ough'the exercise or the threat:ofthe exercise -ofte ofeminent domain, the lAxipient shall depodtwith Wrwyiusuraamproceeds or any conrieamation award and shall promptly commence to rebuild. replace, repair or kestore `he Project Site inmiah'magi as is consistent with the Declandim FCT shall make any such insurance proceeds or atioii award moneys available to provide furtds-fr sueh.restor-Wou work. In the evert thaf #1ze Recipient fails to cpmincnce oat to complete tliortrFaii Jding, repoaar; rqlaceament or restoration of the PirijW Site after -notice frpm FCT, FCT shell have the .right, .-fix a"ddn to any oft-c remedies -a't- law or in equity, to repair,. irdmnv, rebuild or replace .the Project Site so as to prevent thee-ocemence of a default. hereunder. NotvviUeuding any of the foregoing, FCT shaiU have ilie right to .seek specific perfoimauce of my ofthe covenants and restrictions of this i w1hretion concerning the c ougnmaon $ad opogn ofthe Ptoj®et Site. • VL. MANAG]gN=T OF PROUCT SM 1. The Project Site shall be managed only for the conservation; proteetion and eW*Mumemoftorftwatafronts,along wvithotherrelot+dvses moamytbrse , imment of this purpose. Tlie 'proposed uses for the Project Site .a'c spwfflcaUy dcsipgrted .in the Iviaoagem$ntPlan approved by FCT. 2. The Recipient shall ensu tit the-ii Iaudwe on assigned to theProject Site is:for-a category dedioetod to workingv..mWfta t ems, as :�,� �r��e. Ifas wMadmatto: the applicable comprehensive plan is required, tlie: amendment shall .be proposed 0 the next coplan amendment .cycle availahte to the Recipient. 3. The Recipient shall ensure, ead.provide evidence *=of to FCT, tha#,.& activities under ties Declaration comply with all appliesble local, state, regional and federal laws and regula bn4 indbAngzoning ordinancesand the,sdbpted and: -approved comprehensive ilanfor the jurisdiction, as-appliogble. Evidenceshallbe provided to -.FCT t Csll required licoses. and permits have been �btainad pn�r to the commencement of aay.constructiog, 4. ne Recipient shall, drough its apats.and employees, prevent the unauthorized use DRC%08-003-'W—Wl 6/11/2010 of the i'roject Site or any use thereofaot in conformity with the Managemeat'Plan approved by FCT. S. PCT staff or its duly authorized .representatives shall have the .right at any time to • inspect the Project Site and the operations of the Recipient at the Project Site. 6. All buildings, structures, inaproveinents and signs shall require the prior written appmval of FCT as to purpose. Farther, tree remaval, other than am native species, and.tnajar land alterabons shall require the written approval of7CT. Thespprovals required ft+am FCT shy not be unwasmably wMeld by FCT upon sufficient demonstration that the proposed shvctu . bpi dings, b*wvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of wg*ing waterfront aspects of the Project Site. FCT's approval of the itpia rs ManagemeAtPlon addressing the items mentioned herein shall be considered written.approval from FCT. 7. .Ifarchaeological and historic sites are located on the Project,Site, _tire Recipient shall comply 'with Chapter .267, Fla. $tat. The collection of actifects EM the Prtiject Site or the disbabauce of archaeological and historic sites on the Project Site shall be prohibma unless prior written authorization has been obtained from the Department of State, DwWou of Historical Resources; .8. As mgWad by Rule 9K: 9, F.A.C., each year aft FCT rreunbursem(mt of Project Costs the. R,ecipicatsbW prepare and submit to FCT an annual stewardship report that documents the progress made.on ithe management Flag. V.IT. SPECIAL MANAGOMM COMMONS in addition to thaManagement Plan conditions already described in tbb Ag memen4 which apply to all sites acted with FCT finds, the Management Plan shall address the following conditions that are particular .to the project site and result from either representations made in the appliiration that received goo "ring points or observations made -by FCT staff during the site visit descn')ed in Rule'9IC 9.001, 1: The flriure land use and zoning designations of the project site shall be changed. to Working Waterir'ants or other sfwilar category. 2. A peraranent recognition sign, ata minimum size of 3' x 4, shall be maintained,at the entrance am, of the project site. The sift shall acknowledge that the project site was phased with Amis from the Florida Communities Trust Program and the Recipient. 3. Auer eltaing, the existing submerged land lease will be transfer to the Recipient. DROW003-WW1 6/11/2010 4. Annually the Recipient will provide a loft from the Department of Environmental Protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part W and 403 Florida Statutes and the submerged land lease for all WHfies or structLuns -on the Project -Site that sit lowed over sate sovereignty submerged -land and that applicable few or-wetslip certification fours are cmre& or that the facilities. 5. One.: the existing buildings on dit picied site will be used as a woiking wale&ont buildix,g and the other as an educational site, MghU&tingft aftull and historic heritage of Florida's ftftowd Working Waterfronts. 6 Permanent structured displays of ardWs and other items _shall be provided that provides mfwmgftOn alwat the ecoaOnuc, cultural or histwe heritage, of FlonWs tmfitional Working Waterfronis. 7. Ifttexpretive kiosk or signs shall be proided OW educate the public about the economic, cultural, or historic heritage ofFlorida's tradiiimal Working Waterfronts. VM.. RECORDIMEPING; AUDIT R-EQUUWMNTS I. The Recipient shW.] maintain financial prociedures and stVport documents, in acciordance with gamally accepted accototiagpriuciples. to o0ount-for the receipt and:wTenditm of hinds imder this Declaration. These moords shall be available at all masonable times for inspection, review or Audit by state pmwwel, Wr and other personnel duly suflaofizod by FCT. 1%e4sonable" shall be construed according to the, J ~-Ms, butordinarily shall'Inew the normal business h6uis of 8:00 am. to 5:00 p:m-, local't'00, Monday, through Friday- 2. If the Recipient expends a total' aWount of State R=W aWista= equal to or in excess of $500,000 in -any fischl year of such Rwipi=4 the Recipient must have a State single or project -specific audh for such fi=W year in accardaneaLlft SOWOJI 215.971, N& Sftt, theappficable rules of the gxecuflvc Office of the Governor -and the Comptroller and Chapter 10.550 (local government imfifies) or Chapter 10.650. (nonprofit o4gakations), Ptules.ofthe Auditor Oweral. la detemdning the State financial assistanmexpandmi in its find year, the Ro*lcnt sbakoonsider aU sources of State financial assistance, including -StAO funds received from FCT, Ober state agencies and other non -state entities. State ftwelat assistance does not include FedeAl direct or pass- tbrougk -awards and resources. received by a aca4tzte ebtity. f9t Federal program nufthing requirements. Ile -funding for this Declaration was received by FCT as a gmnt. appropriation. In. connecdon with the audit requirements addressed'herein., the Recipient shall ensure that the audit complies with the requirements of*Section 215,970, Fla. Stet. This includes submisgon of a reparting package as defined by Section 2.15.97(2)(d), Fla, Stat and Chapter 10.550 (local government entities) or 10.650 (nonprofit org=iizationi), Rules of the Auditor General. DRC108-003-WWI 6/11/2010 3. If the.Recipient expends less than $500,000 in State finadolid assistance in its fiscal year, ,an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have arc audit conducted in accordance with the provisions of Section 115.97, Fla. Stat., the cost of the audit must'bepaid from non -Soft fiords (i.e., the cost of such an audit must be -paid from Recipient funds not obtained from a State entity), 4. The annual financial audit report shall include all management letters, the Recipient's reppono. to -41 findings, including corrective actions to be taken, and it schedule of 9=OW assistance %=ificiffly idenffying all Declaration and other revenue by sponsoring agency and agreement j unber Copies of fimcial reporting packages required under this Article gall be submitted by or on behalf of the Recipient directly to each of the following: Depmtnent of Community Affairs (at each of the following addresses); Of rice of Audit Services 2555 Shunuxd Oak Boulevard Tallahassee., FWda 323 9 9-2100 and Florida Communities Trust 2555 Shuniard Oak Boulevard Tallahassee, Florida 52-3 99-2 i 60 State of Florida Auditor General at the following address: Auditor General's Office • . Room 401, Claude Pepper Building I I I West AWsou Street Tallahassee, Florida, 32302-1450 I Ifthe auditshows that any portion ofthe finds disbursed hereunder weanot spentin accordance with the. conditions of this Declaration, the Recipient shah be held liable for reimbursoment to FCT of all Awds not spent in accordance with the applicitble tegulations and Declaration pwvmons.within AmV (30) days after.FCr has notified the Recipient of such non- compliezica'. 66 The Recipient shall retain all financial records, supporting documents, statistical records and any otter documents Pertinent to this Declamation fora period of five yam afterthe date Of submission Ofthe 1111d. expenditures report. However, if litigation or an audit has been initiated prior to the expiration ofthe live -year period, the records shall be e retained until the: litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 21597, DRCI08-003-WWI 6/11/203.0 7 Fla. Stat. performed by an independent certified public accountAnt C'IPAh) who shall either be a cettified public accountant or a public 4&-ountmd licensed under Chapter 473, Fla Stat. The IPA diall stote that the audit couVried with the applicable provisions noted above • IX DEFAULT; REbWI)MS; TERMINATION 1. If any essential tom or condition of the Declaration of Restrictive Covenants is violaW by -the Recipient or by some bib dparty with the Imovdadge-oftheRecipleig, the Recipient shall be-noti0ed of the violation by wdOen..notice &= by pmonal dWiM, r*ftmd mail or -re&tered OV.-edftd service. TW tedluieut sball, &UVW.y dommelft to cure the violation or complete =bg otivities witbin thirty (3 0) -dqs dker receilit of notice ofthe vi"cm. X-the owing activitks can tot be reasonably 'compIOW within -the specified dft (30) day time. fi=e,, the RecipientAd m*anit a timely vaitten, request to the FCT Progmm Managerthat indudes the smia ,Of tbe mnvnt acOfty, the reasons for tk delay and a time fivaM for the completion. of the during acdVities. FCT sW-submit a writtennspowe within thirty (30.) do" ofmxdpt of the request and approval shall not be barmwably withheld.. It Is FMrimition that. all curing activities Wian be completed within one hundred tmmty (120) 4" of the Redpiene4 notffiftden of the violation. HOWVM* if the ROOPICot Can demonstrate MCIODUAft 4TCWnSW= 045t'10 JUSOY 4 SM*r ex Of time to complete the,actkvifim FCC' shall give the request- due'donsideratiom . If the Recipient taftto correct flic-violation*fthin either (a) the fifidal.thirty(30) doW timtfiamc.or (b) the thae fime approved by FCT pursagm to the.Riecipienes request fee iijApirtwe to an fiftest in the Pmjed Site sbd be conveyed to the TIUftft unless PCT'mgofiatds m.aWv=jWV4ths=tjW local orPnI]9Ofib%.theFlorida MViKdnOf%eWy, the Plionda. . M and Wildlife Conservation Commission, the DqwIment of FAVhomdutal No.fthon or a Water 0 District who agrees -to aw4pt *10 and mmp the Px6ject Site. FCT " treat such propaty in accordance with Swtion 380.508(4)(c), Fla. Stat: X. LEGAL AMORIZATION 1. The Recipient Certifies vrA n4md to this Declaration that it possesses the legal mdlioxity to receive Awds to be provided unckW th"edmt*n and tba; ifapplicable, its govwft body'lin. "orind, by resdWon or oth"se, the 4xecudm and wwptem. of this DAdualion with. all WVezMWtff and murancea contuned hmm The ReaWmiaW. o"fies that theakkmgmed powesmthe authority to legally exxoute and bind do Reciplent to the tunas of this Declaration, 7a. STANDARI).CONDMONS I This DOaration shall in coustruedloder thelmn ofthe State af FlWda. and venue for ony actions wisingout of this; beclintion -shall Ur, in Leon County. Iffty pmvisica hereof is in coaffia with any applicable statute or .role; or is otherwise un.ed .00e�bje,thenmapj- provision shall be deemod null and void to the -extent of such cOnflidt and" be Sevemble, but" not invalidate any other prWsion of tWs Declaration. DRC108-003-WWI • 6/1112010 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Reolplent, shall affect or extend or act as a waiver of any other right or • remedy of FCT hmunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipiem. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101�336, 42 ly.S.C. motion 12101 et spa.), if applicable, which p bu�its iiiscr nation by public and private coftes on the basis of disability in the areas of employment; public accommodations; transportation, State and local government services, a d in teicsvommuoications, 4. A parson or WNHate who has been placed on the convicted yendor JW following a conviction for a pubUo entity +tee or on the di�critninatory vendor list may not submit a bid on a cQi0cYio j�mvide �Y goads or se -Am to a public entity, may not submit a bid on a Wnftat with.a public enntly for the ©onstroodon at mpair of a public building or public work, may.uot submit lease bids on Imog of real properly to a public entity, may not be awarded or pmfprm work as a contraaw. . supplier, su. ftoatractor, or consultant Minder a contract with a.public entity; and may not fraosact business with arty public entity in excess of Category Two for a pedod of 36 mouths froin Me" of being placed an the convicted vendor list or on the di I i story vendor list. S. No AvWs or Other resources received from FCT its connection with this Declaration may be Used &way or indfdectly to influence legislation or any other official addon by the Florida Legislature or any state agency. 0 This Declaration including Exhibit "A" embodies the entire agreement between the parties. DRC\08-003-WW1 rI IN WITNESS WMEOF, tha pfrties ISerato have ddy executed this Declaration. MY OF SBBA nMj a political su isi of the State of moncla H DOW 441/16 , — AIWto P!:� � and IjTlity: Prm'Ey t-Nabw._&o4Rr A. CWXd meo( STAID OF FLCMA COUNTY OPINDMNRIVER The fore SoinBeit was acknawledged befaftme this jt4day of .�Uw t; 201 O, by A 4 /i`I i n n +e r on't dWtotOwtoesl 0ovemnent, and Wi ois pesonslly Down to -we, jap �MO t # uty Fht i , 1�grpL .oe�ivr Print Noc s7 e-ft �+t/I� � am Comaiissibm No. . : Qbr . My C-PumdSion ftpim... uz DROQS-W.3-WWI 6/11 f 2010 10 Witness; • STATE OF FLORIDA FLORIDA COMM1WITl;S TRUST By: 44� Ken Reecy, Community P Manager Florida Communities I)MA Date: 6 "2-jr' (0 A74""�wmd Legality:B Kristen L. Coons, Taut Counsel COUNTY OF LEON The forgoing meat was acknowledged before me this ogy of , 2010, by Kin Reecy, Community Program Manager, Florida Communities T bo is �Ppcaonay knnwn to me. • )RC108-003-WWI 06/11/2010 11 Zt0yPtiblic ` Prhd Name: Cotnmissioa No. My cMwIssion Expi . _ � rnrca�pu�prtlong �a EXHIBIT ujVv DANCUTARCEL Lots 1, 2 and 32 Blook 2. Nddletw's Subdivision of City of Sebastian, according to the map or'pkt thereof as recorded in Plat Book 2, Pip 56, Public Records of Indian River Coutity, Florida. 011�1=Kwrm From a point ofbeginaft at the inl_'. X", of the South line OfGavanzent Lot Z of Section 31, Township 30 South, Range 39 Ent Indian Rhw County. Awda mid the Mean EUgh WaWMI&pf the West bank of Indio RIM,= West aloup said South Rue of Gtivainmenta] Lot'2x distance of 20.05 L-4M= Orks% to the FAMAOIt-of-way of Old TJ.S. ' MghwayNo. 1, said right--gf_" ban& 66 feet in width; thence rim North 25 dogees 22 minutes West alongaid&st: right -Of -way Ike a diftm of 71.45 hot then rup'Uol, parallel to %a Sov& line, of said Govammmutal Lot 24 a d.bftm of 94.89 fiwt; them ran Not 70 dtgrewO minutes East a distoce of 132,.03 A* to do established'buftead lhig V=cq mn Sout .25 dopm 22 ffilagm Ewtalonf said bt"69d fine S distance Of 66.43 feet; themn = Soulb 70 deg ea , 45 minutes West it distances -.of 145JO fOt to the point of bWaning.on The Men . W*r Lin ofkdbm Rivauand on the South Hue ofsald'Gove=wnt LOU, AND &M all of tbat.pall. of Lot 1, Block l.'MODLETOWS MMDNMION OF CITY OF SMASTIANt acowift to plat thwedrecorded In-Ph&Bo*2. Pop 56. Public Reords. of Indian River County, Florida lying East OrMan River DO." (014 US. Hwy 01):aW fturbed -as follows: ,From apoipt-WghniAg at the Map M& Water line. of the WOO shone ofthel"M River on the TMD9* Line between TOMOP 30 SOA sod Township 31 South, rub West along Mid TQWnshipHo0 ($aMebft the Nmlin e qf chid Lot, I31ock 1. MIDDLETOWS SMDMMNOF OrY OF SEBAS77AN. a distsm of 80.05fwt more or less, to East right -Of-way" 1Df_bd1M'X1NW Ai" (Old US. MgrvftY No. 1) said. 1490-of-wq being. 66 hdt - in width, ibmft run South 25 Oegreft'22 minutes Bitz1ong said EM jightrqftiwaya' dislame of .90 &.04 thence run Nord, go degreet 00 minutes 00 seconds Basta, dhMme of']. 13*tMM* or less to -the Mom N - VW, glance meander the gh'WaW1Aa'df ibe Indio 14 Meft. MO Water Line. in.- x Nbrth*aterly dimdon to the poiOt'Of beginning: JROWSKI PAAM South 13 fact afl4t I and oll of Lot 2,.Blook 1, Middleft, 's SubdjvwM,,gQcordkg to tW pl atneorded iu FlatBook 2, Page 56, Public Records ohildion River County, Florlda, more par*dlarly described imf bilows.- Be&uift at the inkWh'Abn Of the South line Of Mj4dleton's Subdivkiw and *e,EW right-of-vV Rae ofludin Rim Dive (beiWApaint 37.15 feet dye Bast of tkznieriine of hwkn RivorDriVe), the Point ofBeSkqjQ&: Thence, NQWWIY 1'18degas 41minut*37'seconds along -theEta r0t-of-whir; a distonce4.1 84.15 IbOt mom or less -to a a tnoerete *ence= UW 10"Nbrihofdue Eastto- the higb'Waterfine of the.10din.River, them; Southerly along the high WatWline Qfsapid 1"dia RiVor to a point hater the Easterly prcde*d South Ihm t&Mddleton's SuMvision and the high water line ofthebuffan River; the4ce west to the point ofhQ&jjkg' beinga.part.of GOV.04meat Lot 1, 9049n 15, Township 32..South,.'Rwge 39. Ent Tosethat with aa wl=d, -s"boerged 1!M , ; '4i' ,".WW 9prights, shore Aights and ripario rights btqg.to the Fqa thereof to the center ofthe Indian ftQ 4nt-Mepeftid to the property above described. , r BM OF IEGAL DIISOIrOTI DRQO$-003-wwl 6/11/2010 12 Fisherman's Landing Sebastian, Inc. PO son 782M Sebastian, il+'L s2ws-ms September 30, 2011 Al Minner Sebastian City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Minner. Please let this letter serve as notice to the City of Sebastian, effective immediately, that I have resigned as president of Fisherman's Landing Sebastian and that Tim Adams is now serving as president. Z cerely, arlie Sem r FIRST AMENDMENT OF THE LEASE BETWEEN THE CITY OF SEBASTiAN AND FISHERMAN'S LANDING SEBASTIAN, INC. THIS FiRST AMENDMENT of that certain lease between the CITY OF SEBASTIAN, a municipal corporation (hereinafter called "LESSOR") and FISHERMAN'S LANDING SEBASTIAN, INC., a non-profit corporation organized and existing under the laws of the State of Florida (hereinafter called "LESSEE"), dated July 28, 2010, provides as follows: WITNESSETH: WHEREAS, the Lessor is the owner of property located at 1632 and 1540 Indian River Drive, Sebastian, Florida; and, WHEREAS, the lease was executed to promote and develop a working waterfront in Sebastian, Florida to stimulate commercial fishing and tourism in the community's recognized redevelopment district; and, WHEREAS, the Lessor and Lessee wish to modify the Lease to expedite the central purpose of the agreement and take advantage of cost saving measures. NOW, THEREFORE, In consideration of the mutual covenants hereafter provided, the receipt and sufficiency of which are hereby acknowledged by the parties have agreed as follows: Paragraph 8 titled "Improvements" is hereby amended to read as follows: 8. IMPROYEMENTS. The Leased Premises are accepted by the LESSEE as is. The LESSEE agrees asfollows: A. LESSEE agrees at its sole cost and expense to design, construct and maintain the Following improvements at 1532 Indian River Drive: (1) Restoration and creation of a new fish house. The fish house shall serve as the primary weighing and fish processing station. The fish house will also provide a visitor's station enabling a safe and convenient location for the general public to view and be educated about the commercial fishing industry in Sebastian. (2) Install and maintain new aquaculture equipment including raceways and upwellers as necessary for the operation of the working waterfront. (3) Install and maintain new docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. (4) Clear all debris; install and maintain new landscaping along the uplands portion of the Premises. (5) Install a north/south "public access' boardwalk along the shoreline in order to link the waterfront properties to the immediate north and south of the premises. Lessee shall make improvements at their discretion as scheduling and funding permits. B. As an Economic Development component of the Stan Mayfield Working Waterfront Grant, LESSEE agrees to solicit and oversee business operations that will be located at 1540 Indian River Drive. Enterprises that may be located in 1540 Indian River Drive will support commercial fishing operations and may include: (1) Fish Market, with limited seating for food and beverage service; (2) Hosting of community events and demonstrations educating and celebrating the contributions, history and heritage of Sebastion's commercial fishing industry; (3) Smoke House and Seafood Operations; and, (4) Other ancillary business/activities as approved by the LESSOR and the Florida Communities Trust. C. LESSEE acknowledges the existing conditions at 1540 Indian River Drive and will make the following improvements in order to entice ancillary waterfront business: (1) Repair Air Conditioner, (2) Roof Repair, (3) Interior and Exterior Painting (wall remediation); (4) Electrical; and, (5) Exterior Restroom Entry. LESSOR shall pay LESSEE up to $250,000 for making said improvements. Funds shall be paid to LESSEE for improvements based on pay request submitted to LESSOR as improvements are made. Substantial completion of improvements shall be made by September 30, 2011. LESSOR shall remain the owner of the facility located at 1540 Indian River Drive and will not be relieved of any future capital improvements or maintenance that may be required at the facility. To that end, LESSOR shall seek grants and/or dedicate other funds to finance future maintenance or improvement costs. D. LESSEE shall obtain the written approval of LESSOR prior to making any improvements, alterations, installations, additions to existing structures or new structures to be placed or constructed on the Leased Premises. At the end of the term of this Lease, LESSEE shall deliver the premises to LESSOR in good repair and condition, reasonable wear and tear excepted. All installations, alterations, additions and improvements on the Premises shall become the property of LESSOR, and on termination of the Lease Term shall be surrendered with the Leased Premises in good condition, except any privately owned or leased equipment. E. All plans and specification for such renovations, improvements or construction shall be submitted in writing to the LESSOR for approval which shall not be unreasonable withheld or delayed. F. Unless otherwise expressly prohibited herein, it shall be LESSEE'S sole responsibility to obtain all necessary governmental approvals for the Leased Premises, including, but not limited to all necessary LESSOR development approvals and permits as well as any other agency approvals and permits. Nothing herein shall be deemed to waive or imply waiver of any City of Sebastian governmental regulation or fee applicable to the review, renovation or development of the Leased Premises by LESSEE nor any waiver of LESSOR'S rights as Owner of the subject property. Nothing herein shall be deemed to waive the LESSOR'S police powers. It is expressly understood, and agreed by LESSEE, that LESSOR shall not be liable to LESSEE for any expense loss or damage incurred by LESSEE resulting from the failure of LESSOR or any other governmental entity to approve any or all necessary governmental approvals or permits required for the Leased Premises. LESSEE acknowledges that the Leased Premises are located within the Sebastian Community Redevelopment District and thus any change to the premises is subject to such District's authority as well as provision of Chapter 163, Florida Statutes and any future ordinances, statutes or other regulations applicable within the District. G. All structures and fixtures to be constructed upon the Leased Premises shall be owned by LESSEE during the term of the Lease and shall be exclusively controlled by LESSEE. However, upon expiration, termination, revocation or surrender of this Lease, LESSOR shall berme owner of all structures, fixtures and improvements. LESSEE agrees to execute bills of sale, documents of conveyance and assignments of warranties upon request All remaining terms and conditions of the initial Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hand this a day of January 2011 ATTEST: Sally A. M#, MMC City Clerk/ APPROVED AS TO FORM AND CORRECTNESS Robert A. Ginsburg City Attorney at$, 1/tkf� Witness By: CITY OF SEBASTIAN A Municipal Corporation :fi r�ill 7�yor FISHERMAN'S LANDING SEBASTIAN, INC. Charlie Sembler President MEMORANDUM OF UNDERSTANDING Fisherman's Landing (FL) will sublet. the Premises at 1540 Indian River Drive to Indian River Seafood (IRS) upon substantially the following terms: Possession. While IRS will have responsibility for the Premises, its occupation of the same will have the following restrictions: ➢ Certain areas of the Premises, with examples being the outer deck, the pier, and the sunken area of the enclosed back deck, along with areas as shall be designated on an attachment to the lease, shall be accessible to the general public without restriction during operating hours. ➢ An entryway and vestibule shall be constructed from the exterior of the Premises to the bathrooms, which shall be available for public use at all hours. ➢ IRS shall have appurtenant rights to a reasonable and proportional but undesignated use of available parking areas. However, it is anticipated that special uses may be made of some parking areas during the Holiday seasons. ➢ Upon five (g) day's notice, FL shall be provided use of the food -service and other reasonably available facilities for fundraisers and public events a minimum of six (6) times per year. Subletting. It is anticipated that areas of the Premises shall be sublet by FL, with approval of the City and all other authorities, to other entities for complementary uses, examples of such uses include small-scale food service and historic museum. Financial Responsibility. Monthly rent shall be in the amount of $3000. IRS shall also be responsible for its utility charges such as electric, water and sewer, as well as a pro-rata shall of dumpster and insurance charges (except for special riders tied directly to the use by IRS, which shall be its sole responsibility). Care. IRS shall keep both the exterior and interior of the Premises, including Common Areas, in a clean and sanitary condition. Lease Parameters. Adopt terms and restrictions of both the underlying lease from the City and the Working Waterfronts Grant. SEBASTIAN C11411NNlA1 C11162e110N mg - MA CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Araenda Item Title: Approval of lease renewal between the City of Sebastian and Fisherman's Landing Sebastian, Inc. for uplands property and submerged land leased property located at 1532 Indian River Drive and authorize the Mayor to execute the appropriate documentation Recommendation: Staff recommends approval of the lease renewal with Fisherman's Landing. Background: In an effort to preserve the local commercial fishing industry, the City entered into a lease with the non-profit organization called Fisherman's Landing Sebastian, Inc. in March of 2013 for the utilization of the City owned property. This lease was for a ten year period and expired in March of 2023. The lease amount is $12 per year and the current Lessee is up to date on all payments. The proposal is a 10 year lease renewal with Fisherman's Landing Sebastian, Inc. with the same terms that were agreed upon in 2013. The commercial fishing industry has been an important part of Sebastian throughout its history and it is important that we continue to provide this industry an opportunity to thrive in Sebastian. This lease will keep the City in compliance with the Florida Communities Trust requirements. The proposed lease renewal will be valid until April of 2034. If Agenda Item Requires Exvenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Lease Agreement Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: ry City Manager Authorization: Date: Y Q/?a<)ay