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HomeMy WebLinkAbout2013 - Renew Submerged Lands Lease3120130030836 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2667 PG: 2227 Page 1 of 11 5/17/2013 11:28 AM This Instrument Prepared By: M. Sue Jones Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CURRENT STRUCTURES BOT FILE NO. 311537314 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Sebastian, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 06, Township 31 South, Range 39 East, in Indian River, Indian River County, containing 46,944 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 6, 2012. TO HAVE THE USE OF the hereinabove described premises from January 15, 2013, the effective date of this modified lease renewal, through November 4, 2017, the expiration date of this modified lease renewal. The terms and conditions on and for which this modified lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 26 -slip docking facility be used exclusively for mooring of recreational vessels and a fishing pier to be used exclusively for fishing and other passive recreational activities only in conjunction with an upland public city park, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25 as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi - family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter /tour boats, from loading /offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18- 21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18 -21.01 1, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. [02/29] 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18- 21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18- 21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 8. 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 management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. INDEMNIFICATION /INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. Page 2 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 10. NOTICES /COMPLIANCE /TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above - described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian 1225 Main Street Sebastian, Florida 32958 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B , which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. Page 3 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 18. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 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. 19. REMOVAL COSTSILIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B . This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 22. ADVERTISEMENT /SIGNS/NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water - dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. Page 4 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 27. SPECIAL LEASE CONDTIONS A. During the term of this lease and all subsequent renewal terms, the Lessee shall maintain the manatee informational display and manatee awareness signs as required by the State of Florida Department of Environmental Protection Environmental Resource Modified Permit No. 31- 125335 -009, dated March 9, 2004. B. The Lessee shall prohibit mooring, on either a temporary or permanent basis, to the main access docks. To ensure compliance, the Lessee shall place and maintain: (1) a 3 -foot high railing along the structures; and (2) signs advising boaters that mooring at the above described locations, on either a temporary or permanent basis, is prohibited. C. Waterborne vessels moored at the docking facility shall be limited to vessels with a minimum six (6) -inch rl,o a—fl -Pfl— --1 —4 rho —1--A la-A� Page 5 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 M=agerz Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the'13oard of Trustees of the Internal Improvement Trust Fund of the State of Florida tai, o "LESSOR" STATE OF FLORIDA COUNTY OF LEON I The foregoing instrument was acknowledged before me this `� ° day of of @pi- l�t��3KFi�LQpgra nnc and Management Cnn%ii to t 1lAaneseeF Bureau of Publil Dlvlsl 201, by WITNESSES: ,ynginal Signature Typ d/Printed Name of Witness A V - ` inal Signature , ((__ 0_ ✓� 2 fi e U/ i l I' 4 rv� S Typed/Printed Name of Witness STATE OF ` Printed, Typed or S`i't':CA '�" SIOZljxg JO LBLOM uoisAW My Commission Exp s: U&}!0' eppofd to ateaS o0 Y Commission/Serial No. BY:-/ Cl Cl 0 / D Original Signature of Typed/Printed Name of Title of Executing Authority 4. SE L J s s s� i "LESSEE" COUNTY OF The foregoing instrument was acknowledged before me this �!� day of , 20_/3 , by Bob McPartlan as Mayor, for and on behalf of City of Sebastian, Florida. He is personally own to me or who has produced as identification. My Commission Expires: ••v' SALLY A. lti wo Notary Signatur J .' com- nissior, it EE t,".?n35p � a f Expires Octaber 5 pI t, Banded ?hru fray ra unwr h78 Commission/Serial No. EE 02 �2 50 Page 6 of 11 Pages Sovereignty Submerged Land Lease No. 311537314 Notary Public, State of Q Printed, Typed or tamped Name N O V � C 'O N d fU O O 4 U O O N N Q O .O 3 C O L C u O L = C Y .0 O U T O C — O a D N N O -• a 0 •. O � L u 3 m oa d a- N O L d N L � C O — T N N C 0 O ._ U 'O O d N p N C Q fU C c _ C O N pj O U I 1 N � �E 0 c � �a E c :3C N C C c C C L O C N Z O C C C_ ( N (U + L � N f ++ 1 C + fU N f N CLf f N C rn: m' c c• 0 N- n v V C O U . N L _C O N N U L C +' O Attachment A Page 7 of 11 Pages SSLL NO. 311-537314 QUADRANGLE MAP LEASE AM t A PORTION OF GOVERNMENT LOT 7, SECTION 6, TOWNSHIP 31 SOUTH, RANGE 30 EAST, INDIAN RIVER COUNTY. FLORIDA LYING SOLELY WITHIN THE INDIAN RIVER AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 31 SOUTH. RANGE 30 EAST RUN SW4W580E ALONG THE SOUTH LINE OF SAID SECTION 6 AM THE SOUTH LINE OF EDGEWATE,R PARK SUBDIVISION AS RECORDED N PLAT BOOK 1. PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA FOR A DISTANCE OF 2143.26 FEET TO A POINT, THENM N00.11'04"E A DISTANCE OF 500.24 FEET TO THE APPROXIMATE MEAN HIGH MINTER LINE OF THE INDIAN RIVER AS LOCATED ON OCTOBER 25. 2012 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N18'18'33V ALONG SAID APPROXIMATE MEAN HIGH WATER LSE A DISTANCE OF 44.74 FEET- THENCE N7527'22'E A DISTANCE OF 401.24 FEET- THENCE S14'32'38" E A DISTANCE OF 47.72 FEET, THENCE S75'27'22*W A DISTANCE OF 480.71 FEET TO THE POINT OF BEGINNING. CONTAINS 24,365 SQUARE FEET OR 0.56 ACRES MORE OR LESS. A PORTION OF GOVERNMENT LOT 7. SECTION 8. TOWNSHP 31 SOUTH. RANGE 30 EAST. INDIAN RIVER COUNTY. FLORIDA LYING SOLELY WITHIN THE INDIAN RIVER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTH WW CORNER OF THE SOUTHEAST 1/4 OF SECTION 8. TOWNSHIP 31 SOUTH. RAIGE 34 EAST RUN S84'48'58'E ALONG THE SOUTH LINE OF SAID SECTION 8 AND THE SOUTH LINE OF EDGEWATER PARK SUBDIVISION AS RECORDED N PLAT BOOT( 1. PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA FOR A DISTANCE OF 2181.68 FEET TO A POINT, THENCE N00'1104'E A DISTANCE OF 370.88 FEET TO THE APPROXIMATE MEAN HIGH WATER LINE OF THE INDIAN RIVER AS LOCATED ON OCTOBER 25, 2012 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL- THENCE N16'18'33'W ALONG SAID APPROXIMATE MEAN H04 WATER U E A DISTANCE OF 50.06 FEET- THENCE N751415'E A DISTANCE OF 451.48 FEET- THENCE S14'45'05'E A DISTANCE OF 50.04 FEET- THENCE S75'14'55'W A DISTANCE OF 450.12 FEET TO THE POINT OF BEGINNING. CONTAINS 22,554 SQUARE FEET OR 0.52 ACRES MORE OR LESS. Attachment A Page 8 of 11 Pages SSI,I, NO. 311-537314 �;�tpkgff tt < gn COOP HJA10M I- v; jib gio _ lddY 1 �A .l I dd r: rd ik 12 molt Q AR �� oz a T ft,�Jlgjj L ' Ogg \ MWa 6 w :I �a���,R� q sasg� VNO N Aw Ax G G -bib ID In , W N R R m N y N 1 � 0�p•�6 1 ° 2 loll �p@ 1 MIS —i—g is — — \ ..�� — ro -1 --0- — — — p S D is Attachment A Page 9 of 11 Pages SSLL NO. 311 -537314 Imam W2 30 S,I.IIOd Ill J� Jl J !/ ..-- z .z ��.iis L SLAB C'" m &9AM A1177CINI 01% C)9 od � Ow`- S . ✓r 1w, a r 1 rt o� r, � Ifi rr O Z 9 . b dt1 3Cjd�� �GiN~�t IiC01M�1� 1L4 $t'et S - SO rJrIIrI1�II�J�g oz Lt�rO IS IS 6 'm now ma"Mam am "M wj" 30 J200d _ aL g . tt lq IMOIt IDLVag a& wsWd O AB Q OE= 9y gts t 9t £ �5 1��1 IMpi IOLLW1i9 iiDIN 1eM am ��.iis L SLAB C'" m &9AM A1177CINI 01% C)9 od � Ow`- S . ✓r 1w, a r 1 rt o� r, � Ifi rr O Z Mr -CICRD AND HTURN TO bARRELL FFN4404 nJ9 6EACH :, fiat talV€ . YERO BU0, FLORIDA 32963 9 N DARRELL FBNNBLL, ESQ. 979 Beachland Blvd.. Vero Beach, FL 32963 DOCUMENTARY STAMPS DEED $ lf, °:,a NOTE $ JEFFREY K. RARTnN, CttRK. INDIAN RIVLH COUNTY ParcenDNumber: 06- 31 -39- 00020 -0110- 00001 /0 Warranty Deed This Indenture, Made this _ j 07�day of /v GOOD GUYS, INC., a corporation existing under Florida IN THE RECORDS OF JEFFREY K. 13ARTON CLERK CIRCUIT COURT INDIAN RIVER CO,, FLA. , 19 9 9 A.D., Between the laws of the State of of the county of Indian River , State of Florida , grantor, and CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida whose address is: 1225 Main Street, Vero Beach, Florida 32958 of the County of Indian River , state of Florida , grantee. Witnesseth that the GRANTOR, for and inconsideration of the sum of ----------------- - - - - -- -TEN DOLLARS ($10)-------------- - - - - -- -- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described Laid, situate, lying and being in the County of Indian River State of Florida to wit Lots 11, 12, 13, 14 and 15, Block 9, and the North 1/2 of abandoned Jefferson Street bounded on the West by the Southerly projection of the West line of Lot 15, Block 11, and bounded on the South by the center line of the 80 foot abandoned right of way extended from its intersection with the projection of the West line of Lot 15 to the West right of way line to Old Dixie Highway. AND ALSO, Lots 1 through 5, Block 11, and the South 1/2 of an abandoned Harrison Street right of way extending Eastward from the East line of Old Dixie Highway to the edge of the Indian River. AND ALSO the North 1/2 of abandoned Jefferson Street right of way extending from Old Dixie Highway eastward to the Indian River; All lying and being in EDGEWATER PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 23, public records of Indian River County, Florida. Subject to easements of record and taxes after 1999. Subject to, and the Grantee assumes all responsibility for and holds the Grantor harmless from, any assessments or assessment liens relating to the "Riverfront Water. Project" of the City of Sebastian. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.' In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written CA) Sign sealed and delivered in our presence: GOOD GUYS O �t By ; (Seal) Priroed N e: ��� �,��� . o 'i✓�_z�/�/_ Luciano CoKese, .T1C.e President Witness P.O. Address: 5035 Fairways circle iii '; ,f�,a'. ?:�; ::' ; =' ' •� ^� Vero Beach. FL 32967 tac/Y1 t CD , Printed Name: < Attachment B Witness I'll-e 11 of It Pa;es SSLL NO. 311537314 STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this g g g h day of Y Luciano .Cortese, Vice President of Good Guys, Inc., a Florida,s corporation he is personally known to me or he has produced his Florida driver' license as identification P�mGc PAMELA PRO1 FIT1 Printed Name: �tivg` MY COMMISSION # CC 691490' Notary Public EXPIRES:lanuary Q.2002 F aa� 9urrliog Co. My Commission Expires: . 990816 ' �J' v!,' yR, l��\ �[ S� '31CD5�]1✓�����41ir�Y?•�.�^kM. Laser Generated by 0 Display Systems, Ino., 1998 (941) 76 3-5555 Form FLwD -1