HomeMy WebLinkAbout2014 - 2019 Yacht Club Submerged Land Lease RenewalThis Instrument Prepared By:
Amy Horton
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
BOT FILE NO. 310343953
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 sovereignly submerged land in Section 06
Township 31 South. Range 39 East in Indian River.
Indian River County, containing 8 142 square feet, more
or less, as is more particularly described and shown on
Attachment A, dated December 16, 2009.
TO HAVE THE USE OF the hereinabove described premises from January 15.2014, the effective date of this lease
renewal, through January 15, 2019 the expiration date of this lease renewal. The terms and conditions on and for which this
lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a flip public docking facility with a concrete
boat ramp and fishing vier to be used exclusively for fishing and mooring of recreational vessels in conjunction with an upland
public municipal yacht club, 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, and the State
of Florida Department of Environmental Protection Permit Exemption No. 31-285751-001 dated January 15, 2009
incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this
lease.
[02/291
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 and as conditioned by the State of Florida Department of Environmental Protection Permit
Exemption. 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 18-21.01l(l)(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 18-21.011, Florida
Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease.
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)(6), 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.
Page 2 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
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. INDEMNIFICATIONANVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State
of Florida from all claims, actions, lawsuits and demands arising out of this lease.
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, Florida
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.
Page 3 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
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.
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 COSTS/LIEN 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/MWOR 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.
Page 4 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
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.
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
Page 5 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
BY: �� 1 (SEAL)
„dd � - -
Cheryl C. Mc Il, Chief, Bureau of Public Land Administration,
Division of Stafe Lands, State of Florida Department of
Environmental Protection, as agent for and on behalf of the
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day ofAoW 20 65 by
BaF
me.
EXE TI N:DW
Printed, Typed or >
o�y'r •by_ Notary Pudw Slal• of Florida
My Commission p$ Kathy C Gruen
My Commiaalon EEi4a767
�oia Expires it/27/2016
Commission/Serial No.
Page 6 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
WIT -NESS Y
Original
Sign
Ji AA6
Minted eofOri
Original Signature
fa0L�'�. GlAJ56�HoZ t>
Typed/Printed Name of Witness
STATEOF Florida
COUNTYOF Indian River
City of Sebastian. Florida (SEAL)
B '_ L
OniggKia�ign—a9= of Executing Authority
Beb,*fcpa tjm Richard H. Gillmor
Typed/Printed Name of Executing Authority
Mayor
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this 25th day of March 20 15 by Richard Gill mor
-Beb-tafePerNnras Maym for and on behalf of City of Sebastian. Florida. He is personally known to me eriylto-herpredueed-
. as identification.
My Commission Expires: 2-28-19
Commission/SerialNo. FF186485
Page 7 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
Syture of Notary Public
Notary Public, State of Florida
Jeanette Williams
Printed, Typed or Stamped Name
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Page 8 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
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Page 11 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
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.naw.rtr Deco nAN 0 ion„ 43 vxoro.TAIR
IiROM raReaRlTlan'
1W s}'wl" Bad Diad. and inculnt the 9th day of may A. D, lg 77 by
GENERAL DEVELOPMENT CORPORATION
. cou"ralian asbang under IM hma of Delaware , and houing Ili principal plan. aJ
business at 1111 South Bayshore Drive, Miami, Florida 33131
hereinafter MIW the pranlm, to
CITY OF BEWTIANp a Florida Municipal Corporation
1'0.4041A7 &4,x.:., FZ asgre
whore pmlofflca address is •
bndnolter railed the granhv
IWh—rr wa hnl. Ib mmu •Intim" °y 'madr'-u- °a W pear db Immoral W
do Mn, 4.+1 nP.anwNa .W Wes al INb1Amk W W �i W la r 4 sem )
Wffllf PI: Th., Iha ma.lor. far and in .1jeratian of the sum of 610.00--- and other
.mluable ransld,mlionl. renel't a'h.rmf I. hanhy aek.-L-dgd, by then prnnus done grant, bmgain. mIL
duan, ''mise, "Imre, rammy and mnfirm unto the grmtn. ell that amlotn hind ellud. in
County. Florida, m:: bounded and described as follows:
From the N.E. corner of Block 2, Edgewater Park
Subdivision, Plat Book 1 at Page 23, Indian River
County, Records, Run N.72036'E. and parallel with
the South Right -of -Way line of Cleveland Avenue,
80.14 feet to the East Right -of -Way line of S.R.
No. 5 (U.S. Highway No. 1,) said point being the
POINT OF BEGINNING: thence 5.200451E., 150 feet
thence N.70045'E., 20 feet more or lees to the
West bank .of the Indian River; thence meandering
Northerly along said West Bank 150 feet more or
lees to a point at Right Angles to the Point of
Beginning; thence 5.700451H., 20 feet moxa or
lees to the POINT OF BEGINNING. All of said land
b ing in Government Lots 6 and 7, Section 6;
%9;►ar with all Ilia Imamanb• heradtlammis and oppurlsnw Iha�O,lrSlats N.UEOr tA�
win oppertafn(ng. .
%PC NO to md, Iha mnw In fn N I. jams..
11111E the peontur hereby muenonis with mid gmnles ihat 11 h hnufudy selsad of said hind In fn
dmple; that it be. load rtphl and lowhd authority 1. 6.11 mrd W,losy vatd land: that a hereby I.By wor
renis the au« to said land and will dofrad III.... again°, the lawful clal,ru of all perao. whommever;
and Iha; said land I, 1. of all M.6.
IfDRbNT(dw21+•
Signed.
In "Rilm Wwreof the gi.rllo, hen m..rd them pnimh io
be oaculd in its nam.. and Ili como d. "of w ba here iso affhd, by Its
err nlfirrrr dermnlo duly antho,isrd, the der, and yam jure, abaw wriaem
EN, ASST"`
In the prermaw ell
GENERAL DEVELOPMENT CORPORATION
C., C.' CRO!@ : ,.BR VICE y1°NW _-
STATE OF Florida l
MLIN T OF Dade f
I ICUUr MxT no... u: tr. hw. se. u wam +b .ab. • • r a eau. W Dean _,. .. r W °awe,
w°err'vl.a.l C. C. CRUMP and WAYNE L. ALLEN
vice
..0 w.. I- a. r ti Ile Sr./ n..1e.., ma Rest. Secretary namimp
b tie ImerM a,ni..ae ,bl ,M °.mer m1.aa,dW .mal# de am V IL porn.. mbvahi •4rp.rRl.X d ..�aAr.
. _ • _ ndwrin m,h nxM N J,. H ere °m..nd°a .Ia ,Iu IIs W �IIW tb,m. b d vu. °'emu d J aldaa6t.mi&e.
wIT.Eb1 m and ..d NrW e.I I. rb, c " .d OIa Wet lab 9th iso N May -r " -'s, n
z.
77rir hignnncn! rf h : ALBERT L. ROSEN
Pin y Corporate Counsel Nou6r vutuc SrAm OF Funi n* taM
Add= General Development Corporation IN CQ Sux'rRlns lss.x
1111 South_Eayshcre Drive eorcan rieu vrg.ra g¢u6zeWanitn
Attachment B
Page 12 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
cr
I�2
c
e
ship 31 South, Range 39 East, and Containing 0.069 Acres
together with all -Riparian Rights thersunto appertaining.
This Dead is executed subject to taxes assessed for the year
197 ' 7 and 412 GUIMequent yeazer to Conditions, limitations
andRestrictions of Record, and to the following express
restriction to wit. That the subject land shall be used only
for recreational purposes.
PAGE TWO OF TWO
Attachment B
Page 13 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953
(In
<.V>
PAGE TWO OF TWO
Attachment B
Page 13 of 13 Pages
Sovereignty Submerged Lands Lease No. 310343953