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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 OF IMM Lp bing Maps Micco 820 Indian River Dr, Sebastian, FL 32958 I nor Or VC s Italian Benawant-P,m O � Tikl Bar an a 9a s.:r.]«:n shack 9 m lit Lmtec Ban< Foster Rd t �eoas Orchid Wabasso ^,ne � 2 � i',lernatt,Goryoratiar ' - -8273 Nak9 St PRC Bw `'Q Sou'hc-r t w y > Q\ypa < 'aft 5L N � r O O 512 Sar.cy's Gi � I seat7� PiiznnC I O ' Woodn Ij oing Attachment A Page 8 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 £56£b£OI£'ox*= Ispus-IpagntagnS14uS!aanos s29¢d £ 130 6 029d d 19a0L4oauy ..B ,.8,...N HSV97 aNV7GHDd3N911S1NVLLSV&L7S JO AJJO 30 S1N3W3SV3 ONV'SN0110R1LS3M 'SNOLLVAMM314 01103f9n8 SI ONV'-I+(83M0tl 6vo)'"'OS ZVV9 SNNINOO 130MVd ONS 'ONINNIO38 d01NIOd 3X1011333 ZL'Z9 3NI10tl3HNlnB O3HSIl9V1S3 OIVS ONOW M.9Z.ZZ.9ZN NnM 30N3HL !3NIl 0tl3HN1n803HSllSV.LS30NS NO 1NIOd V 01133] t9'64'M.119.VD.99S NnM 30N3H1 1333 99'L'3.>t.Lr.ZZS NnM 30N3H1'1333 00'6'3S0,W.E9N NnM dWVM 1V08 313MONOO ONS ONIAV3l30N3H1.1334 EB'tE'dWVH 1tlOS 313MON00 ONS 30 ON3 3XL ON01V'3.8L,LL.EZS NnM 30N3H1'dWVM IV08 313MONOO V d0 ON3 3H1 NO 1NIOd V 01133:100-8 'M.LZ,OE.L9S Nnv 9ONBRi '1333 ZL'SWAA-0IMI.KS NnIl 33NBH1'.1333 BL'9'MA9AE.999 NnM 30N9M'-1333 00'0l'M.0L,BZ.KN Nnu 30N3H1:1334 00'9Z 'M.Z4.9E.99S Nn8 30N3H1.133d 00'OL '3.OL.BZ.M NMI 30N3HL:1333 96'09'M.OSM.99S NnM 3oNmu :1334 00'0L'M.0L.6Z.11M Nnu 30N3H1'1333 00'9Z'ALMOE.9B3 NnM 30N3H1 u33H 00'Ot'3.0LALVZS Nnu 3ON3H1 1333 89'LBL'AA.ZV,9E.99S NnM 3ON3H1 U33d 96' L L'M.6UZ.SZN NnM 30N3H1:133d OL't L'AME9Rl.99S NnM 30N3H1 1333 4L'ZE'3.Z9,L6.EZ5 NnM 30N3H1 1333 89' L L'3.ZE,OE.19N NnM 30NHHU N SI3d 9l'ZL'M.9LLMIIZN NnM 30taH1.1333 EO'L9t'3.E9.BE.99N NnM 30N3H1 1331 9S'LBt'3.99.OE.99N Nnd 30N3H1 'ONINN1039 301NIOd 3H101133d ZB'99 '3.9UT..9ZS Nn8 30N3H1 'ALNn00 Hmm NVIONI 30 S0M003M 0118nd 3H1 d0'9Z 3DVd'9 N008IVld NI 0301100318'NVLLSV83S 30 A110 314130 dVW 3HL Mad 03HSI18V1S3 SV 3NIl OV3HNln9 3X1 NO 1NNOd V 01'1333 00'OLZ 30 30NV1SI0 V 3 SE.9Z.99 N NnM 'AVM 301HOIM ONS ONIAV3l 30N3H1 Bnlo 1HOtlA NVLLSV83S BHIJO 83NM001SV3 9Hl ON1381NIOd ONS'3AR10 89AIN NVIONI 30 AVM301HOR11SV33H1 NO 1NIOd V 011333 LL'09.4030NV1SIO V'3.9L4L.99 N NnM30N3H1'VOIM013'ALNn00 M3AIM NVI0N1 'EZ 3OVd' L N0081V1d NI O30MO03M SV 'NOISWOSns NMVd M31VM3003Z 140018 30 M3NM001SV3HLMON 3H11V ONION3WW00 :SM01103 SV 038R1OS30 Aiwn0Lwvd 3MOW'VOIMOl3'A.LNnOO 113AR1 NV10NI'NVLLW83S 30 AL10'1SV3 6E 3ONVM'HlnOS lE dIHSNMOl'9 NOLL038 NI NRAR1 NVION13H1 NI ONIAI ONVI 03OM3W8ns 30130MVd V V 15tlp0 S31Y1S O30Nn SINWWHON3B xv-,A3i3 SgdOI iNavnNOROUMMO OLL30O30 WNOLLVN 3X1 N003WO9W NOON3H NMONS SNo VA3l33HL 'ML "NOS 3Nnr 031V0'O LLWO19021 9 ~ 13Wd OOOId 93d' 33A TRW BNOZDOOLi N13BOLSW3 NOMOHNMOHSaN dOIBOWd3NL 'o31dnN301Nn S1'ND1Ltl1N3WnNOW ONnOd'031VOI0NI 3SIMY31i10 ssn4n s3r,wA a3 mmn OW 93nwA lYld'NMOHS SI NOSMdNO $V SS31Nn '031ldWI NO a3SS39dX3 S1331NY M NO NOINIdO 31LU ON . 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A3AWS OIH&NDOdOl9 AWONnos :A3A9nS d03d u . dVW AIINIOIA :.umnsd0lUOd3N >J i 1 4 • Y, / THIS SURVEY IS CERTIFIED TO'. \ \ 1) BOARD OF TRUSTEES OF THE INTERNAL —OVEMENT TRUST FUND OF THE STATE OF FLORIDA. -\ \ 2) CITY OF SEBASTIAN ol s/ 3 4 i o Y ` �` / ' IIF' •miu�. \�® � � O m a gg Sam essssoar >, y » �i o o ° Q tg5 O O I� ° 0\� p Q H1 \ ww(nJ p h � `\ � ` ewa � ✓�i"✓ViI°°J .R a var oi.,.r�� N � " q S § V \ \ eav O 0 0 ° C w � � �•` � Q �g� 9 � ]jy GRAPHIC SCALE U { ^N 6O (z ` \` y Eo d Q�^(,3 ` �,�.. \ t 1�.�..�.R ( IN FEET) o C�II� Q a Tn .7.:ja ! 1 inch 100 ft. ey R 5 a M 0 O l n O 0 0 5.1 O O 8 O O O CO o O Attachment A Page 11 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 L'] r y 237114 .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