HomeMy WebLinkAbout07192010WFC Agendaonto(
SEB AaAN
HOME OF PELICAN ISLAND
1225 Main Street, Sebastian, FL 32958
(772) 589 -5330 Phone (772) 589 -5570 Fax
AGENDA
WATERFRONTS COMMITTEE
MONDAY, JULY 19, 2010
5:15 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF MINUTES: March 8, 2010
5. OLD BUSINESS
Waterfront Management Plan
6. NEW BUSINESS
A. Lease Agreement
B. Archie Smith Fish House
7 PUBLIC INPUT
8. MEMBER MATTERS
9. ADJOURNMENT
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A
RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD
SAID APPEAL MUST BE FILED WITH THE CITY CLERKS OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION
(266.0105 FS)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL
ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)- 589 -5330 AT
LEAST 48 HOURS PRIOR TO THIS MEETING,
71NO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE
Chmn. Conway called the meeting to order at 4:00 P.M.
2. The Pledge of Allegiance was recited.
3. ROLL CALL:
Present: John Conway, Chair
Tim Adams
Vicki Christensen
Sal Neglia
Barbara Salmon
Excused: Lisanne Monier Robinson
Beth Mitchell
4. APPROVAL OF MINUTES
MOTION by Salmon /Adams to approve the minutes of the February 17, 2010. Motion passed.
5. OLD BUSINESS:
WATERFRONTS COMMITTEE MINUTES
MONDAY, MARCH 8, 2010 -4:00 P.M.
Council Chambers, Sebastian City Hall
Al Minner, City Manager
Rebecca Grohall, Growth Management Director
Susan Lorusso, Recording Secretary
UPDATE ON OFFSHORE MARINA
Mr. Minner reviewed his memo and back -up information on acquiring the two waterfront
properties, Hurricane Harbor and the Dabrowski Trust, which will be presented to City Council
at their CRA meeting on March 10, 2010. The Hurricane Harbor site is on target and should
close between now and June 1, 2010.
As detailed in his memo, Mr. Minner explained the negotiations that have taken place with the
Dabrowski Trust. The Trustee has currently made a counter offer of $750,000, which is
$250,000 above the FCT's appraisal figure and below their original asking price of $1.5 million.
He would recommend the city make another counter offer somewhere between the $500,000
appraisal figure and the $750,000 offer by Dabrowski's Trustee. Mr. Minner also gave a
breakdown on the City match figures as they compare to the City CRA allocation amounts.
Committee members discussed the pros and cons of the four charts within Mr. Minner's memo.
MOTION by Conway /Salmon to recommend City Council as CRA to move forward with the
Working Waterfronts project and negotiate the best deal possible.
There was discussion amongst the committee as to whether a set figure should be included in
the motion or leave it open for any future negotiations.
The motion passed unanimously on voice vote.
The committee also had a brief discussion on what venues could be done at the properties.
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6. NEW BUSINESS: NONE
7. PUBLIC INPUT: NONE
8. MEMBER MATTERS: NONE
9. ADJOURNMENT
Chmn. Conway adjourned the meeting at 4:49 P.M.
Approved Regular Meeting by
Chairman, wale tur tits C6mmittUe
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City of Sebastian
Working Waterfront Collaborative
MANAGEMENT PLAN
Stan Mayfield Working
Waterfront Program
08- 003 -WW1
June 2010
HOME OF PELICAN ISLAND
Introduction
Table of Contents
Executive Summary 2
Purpose 5
Existing Activities 6
Desired Future Use 7
Management Objectives 7
Site Development 9
Existing Physical Improvements 9
Approximate size of facilities 9
Proposed improvements 10
Dock and Parking 11
Stormwater Facilities 11
Landscaping 12
Invasive and Exotic Plants, Feral Animals 15
Water Quality Protection 15
Educational Signs, Displays and Museum 16
Archeological /Historical Resources 16
Permits 17
Easements 17
Business Activities 17
Existing and Proposed Activities 17
Demand 19
Concessions and Leases 19
Management Needs 20
Cost Estimates and Funding Sources 20
Priority Schedule 22
Monitoring and Reporting 23
Exhibits 24
Executive Summary
First known as Newhaven, the coastal area located adjacent to the Indian River Lagoon
was renamed Sebastian in 1884. Prior to that the Ais Indians fished the waterway for
subsistence and recreation, and fishing became the mainstay for the community that
soon settled in New Haven. By the end of the 1800s two things helped establish
Sebastian as a small but important fishing village. Henry Flagler's Florida East Coast
Railroad provided the fastest shipping of both citrus and fresh caught fish to the nation's
northeast states. Combined with the invention of the ice machine, it became possible to
transport highly perishable products over long distances. In its heyday, Sebastian was
home to nineteen fishouses. Today there are very few remnants of the fishing industry
although Sebastian is still home to many of the original fishing families. Hurricanes,
regulation, nets bans, foreign competition, pollution and development have all played a
role. While some finfish is still harvested, there is also a growing viable market in
aquaculture the production of clams and other marine organisms.
The City of Sebastian is within eyesight of
Pelican Island, the nation's first wildlife
preserve, thanks to the vision of Paul
Kroegel and the federal government.
Sebastian's waterfront is also part of the
Indian River Lagoon national estuary.
The City of Sebastian is also in eyesight
of the Sebastian Inlet offering access to
the Atlantic Ocean. The Inlet is also
known worldwide as the "holy grail" of
east coast surfing.
With the Stan Mayfield Working Waterfront program the Sebastian area is poised for yet
another first as the state's most successful working waterfront program.
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With its abundant natural resources
in the Indian River Lagoon home to
various fish and shellfish
populations, deep water access, an
ocean access point, several free
boat ramps, fishing piers and a
cultural heritage in the commercial
fishing industry, Sebastian is poised
to regain its prominence as a
fishing village.
1 Introduction
The Sebastian Waterfront Collaborative represents a public /private joint effort. All
levels of government (City, County, State) will be working with a non profit
organization Fisherman's Landing Sebastian, Inc. to rejuvenate the commercial
fishing industry in Sebastian and provide a destination for waterfront and fishing
enthusiasts. The vision of the Waterfront Collaborative is to Zink together several
key parcels on the Indian River Lagoon in an effort to educate the public about the
commercial fishing heritage of Sebastian through a retail /wholesale seafood
house, exhibitions, demonstrations, educational venues and civic events. The
sites in this application 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 District.
Currently, the Hurricane Harbor site is vacant and has been for several years,
although Dabrowski /Offshore Marina is currently utilized by commercial fishermen
and aquaculturists. By using CRA funds to match with the Florida Communities
Trust's Stan Mayfield Working Waterfront Program (FCT /SMWWP) grant funds,
the City has the opportunity to use redevelopment funds for their primary purpose
generating new tax bases, and bolstering the local economy through retail, food,
beverage and hotel /motel sales and, most importantly, job creation. Both
properties are underutilized, but are located within commercial districts that
support working waterfront uses and have approved site plans.
The managing partner for all parcels will be Fisherman's Landing Sebastian, Inc.
(FLS) a 501(c)(3) not for profit.
Starting with the northernmost parcel, Hurricane Harbor, the collaborative
envisions this facility to be utilized as a destination point for a museum and a fish
market and provision of ice while the Dabrowski property will serve the backbone
of the "working waterfront" the commercial fishing dock.
Hurricane Harbor Showcasing Sebastian's Fishing Heritage
The Hurricane Harbor site is comprised of 5 parcels totaling 1.4 acres. This facility
is immediately adjacent to Offshore Marina, the Fisherman's Landing Sebastian,
Inc. project site. This facility will showcase Sebastian's Commercial fishing
heritage. Inside the building include artifacts and exhibits of Sebastian's fishing
heritage and a focus on how environmental stewardship can assist and augment
the commercial fishing industry in the future. The City is partnering with the
Department of Agricultural and Consumer Services on a grant proposal that would
fund a full scaled, museum quality diorama.
When Flagler brought the rail line all along Florida's coast, the long distance
transportation of locally caught seafood a perishable product became possible.
Thanks to ice and barrels, manufactured in Sebastian, an estimated 103,890
pounds of fish were shipped in 1895. The City of Sebastian is currently soliciting
proposals from interested parties to offer ice to the commercial fisherman for their
packing and shipping needs. This will bring back ice to this facility for the first time
in nearly 100 years.
Also planned for this building is a "wet exhibit" area offering "hands -on clams"
either at Hurricane Harbor or as part of the Dabrowski /Offshore 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. Programs will focus on "how to" clean and prepare fish.
The City will utilize a portion of Hurricane Harbor to be run as a retail fish market,
offering a broad variety of seafood, daily catch specials, recipes, with a focus on
locally produced seafood and aquaculture. Educational opportunities abound for
demonstrating how to clean fish, how to craft simple cages for catching species,
and recipes from local fishing families. Visitors will have the ability to taste for
themselves some of Sebastian's "Tastiest Catch" in a limited food service menu.
The City, in conjunction with FLS, will solicit proposals for qualified vendors to offer
the fish market as well as some limited food service. The City envisions offering
approximately 6 tables for limited food service, served from the fish market
counter. Limited food service means foods easily prepared that do not require a
full scale kitchen (i.e. steamed clams, clam strips, or the "catch of the day"
prepared to go).
A vendor for the provision of ice will be sought also. It is anticipated that 40,000
60,000 pounds of ice would be produced each day. The facility would be built into
the south side of hurricane harbor where it is easily 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.
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
probably is mostly infamously known for the liquor smuggling "rum running" from
the Caribbean into the United States during the Prohibition years from 1919 to
1933. The owner and entrepreneur, Bob McCain, was later arrested and
imprisoned by the federal government. It is part of the City's vision to keep the
history of the building as well as the history of the working waterfront alive at these
two facilities.
Dabrowski /Offshore Marina 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 fishhouse, and
housing aquaculture operations for the cultivation of clams and other fresh water
bivalves.
The Dabrowski /Offshore Marina site provides one of the few deep water
commercial dock still in existence with a running aquaculture venture. The fish
house was destroyed in the 2004 hurricane season but has potential for being
rebuilt and preserving a part of Sebastian's heritage.
Commercial fishing and aquaculture industries, history and education all come
together at Sebastian's Waterfront Collaborative by creating facilities for the public
that provide education and economic opportunities showcasing Florida's fishing
industry. Located at:
"Hurricane Harbor" 1540 Indian River Drive, Sebastian, FL 32958
"Dabrowski /Offshore Marina" 1526 Indian River Drive, Sebastian, FL 32958
Both parcels are within the City's Community Redevelopment Agency (CRA) and
are adjacent to the Indian River Lagoon an aquatic preserve and part of the
national estuary. The Hurricane Harbor site will be acquired with 90% of the funds
from the Stan Mayfield Working Waterfront Program (SMWWP /FCT) administered
through Florida Communities Trust, the City's 10% match funds are from
Community Redevelopment Area funds. The Dabrowski /Offshore Marina site will
be acquired utilizing 60% the funds from the program while 40% are City's
Community Redevelopment Area funds. The City acknowledges that the project
site(s) will be developed in accordance with the grant agreement and the purposes
of the grant application.
These two parcels complete the Working Waterfront Collaborative project and
there are currently not any planned future acquisitions. These two properties are
cornerstone to the working waterfront, however, to the north the County has
acquired the Archie Smith Fish House. The County might be transferring
ownership to the City in the future. Its location is less than a mile away and
represents another historic fishing village site.
Adjacent to the Dabrowski /Offshore Marina parcel to the south 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 miles to the south as well as several other passive
park riverfront parcels (including the Yacht Club Boat Ramp and Riverview Park)
and the County owns the Archie Smith Fish House. Both boat ramps currently
offer parking and are operated year round, free of charge. These sites are shown
on an attached map, Exhibit B.
11 Purpose
All parcels will be managed as a working waterfront as defined in the Florida
Statutes. The Hurricane Harbor site will provide a facility for the activities listed
in part "b while the Dabrowski /Offshore Marina facility will be used for the
activities listed in part "a
(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.
Hurricane Harbor museum /educational venue areas with interactive displays, wet
exhibit raceway offering "hands on" clams. Future potential expansion includes a
retail fish market, ice depot and other micro businesses that support commercial
fishing.
Dabrowski /Offshore Marina commercial fishing dockage, restored fishhouse with
viewing area to see fish packaging /shipping caught by Sebastian's fishing families.
Both sites seek to preserve the history and future of commercial fishing in
Sebastian. By acquiring one of the few commercial Marina's 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 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, the City will partner with a 501(c)(3) Sebastian
Fisherman's Landing, Inc. (FLS) for on site management and development.
Commercial fishing has been subject to many hardships over the past decade,
including natural disasters like back to back hurricane seasons and legislative
impacts like net fishing ban and other restrictions. Commercial fisherman utilize
the City's two public boat ramps, however, many docks have been lost over the
years. The Indian River Lagoon, and its prominence as a national estuary
provides aquatic resources for fostering aquaculture as well as a gateway to the
Atlantic Ocean. In addition to the commercial docks and expanded aquaculture
facilities, the local commercial fishing will have a facility to sell their fish. All of the
businesses along the Riverfront and Sebastian's business corridor (US 1) have the
opportunity to benefit from the increased traffic of day- trippers coming to the
waterfront collaborative.
The purchase of the Hurricane Harbor and Sebastian Entertainment sites would
create a significant destination point for residents and visitors. This additional
asset will generate revenue from visitors and residents who come to see, learn and
explore our ecological and historical roots.
Cultural and heritage tourism is one of the fastest growing segments of the travel
industry. By exploring the interpretive historic exhibits which embody the cultural
aspects of humanity, 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
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and gas, generating revenue through the bed tax, sales tax and gas tax, providing
sources of revenue that address our growing needs for infrastructure
improvements. 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 also estimates that historic tourism is the
third leading generator of tourism dollars in the state. By marketing its historic
value by the Sebastian Historical Society and educating the Public, we will tap into
the historic tourism market which is ranked third in the state for generating tourism
revenue. 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.
Newer figures from 2008 Florida Visitor's Association (VISIT FLORIDA) indicate
the demographics of people visiting the central east Florida region (i.e. Brevard
and Indian River Counties) are reflective of the target market for visiting the
Sebastian Working Waterfront:
mostly of male /female couples (45 in 2008.
forty percent 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 500,000 visitors to the
national estuary the Indian River Lagoon and that equated into a 15% increase
from the previous year.
Desired future use a working waterfront that places Sebastian on the map for
"the tastiest catch A site where the Hurricane Harbor and Dabrowski property
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.
Both sites will showcase Sebastian's fishing heritage. The Dabrowski property will
be focused on commercial fishing and the Hurricane Harbor property will be
focused more for educational and civic venue, offering a fish market, limited food
service, museum, eco -tours and provision of ice for commercial fishing
packing /shipping.
The management objectives for this site are:
1) Protect commercial fishing by providing dockage for commercial fishing
vessels.
2) Protect commercial fishing by providing an area for the packing /shipping of
freshly caught seafood and aquaculture products.
3) Rebuild fish house that was historically served as the area for unloading
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and packing of seafood and aquaculture.
4) Provide information to day trippers and residents on the history of
Sebastian's working waterfront.
5) Showcase local seafood at the fish market.
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 plan is to protect the "historic fishing village" of Sebastian by
preserving waterfront type businesses associated with commercial fishing like
raising clams, provision of boat yards, boat repair, bait and tackle, etcetera. The
Land Use assigned is Riverfront Mixed Use (RMU). There are several policies in
the City's Comprehensive Plan that support the working waterfront:
Preserving Riverfront 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. (Policy 1- 2.9.6)
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- 1.7.2)
Protect Heritage Industries including citrus and aquaculture (Policy 1- 1.2.3)
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.
Future Land Use currently in place is RMU Riverfront Mixed Use. The RMU
designates a future land use category supports the working waterfront designation
and commercial fishing. The land use designation promotes and preserves
Sebastian's "Old Florida Fishing Village" heritage. 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.
Therefore, no change to the FLU is anticipated.
The zoning currently in place is CWR Commercial Waterfront Residential. The
zoning allows and promotes all uses of proposed for the sites. It 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. 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.
Therefore no change to the zoning is required.
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
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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 the site are restaurants are motels. The development of
the site as a commercial working waterfront described is consistent with the
existing mixed use activities.
There may 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 aquaculture
gear will be appropriately stored and, if needed, a privacy fence will be constructed
around any outdoor storage area.
III Site Development and Improvement
The project has a number of existing facilities that can accommodate the proposed
activities envisioned in the development of the site. Most of the facilities need
restoration, rebuilding or repair but no new structures are contemplated at this
time.
FCT Acknowledgement
The City will construct and install at least one acknowledgment sign identifying the
Project Site being purchased with funds from "Florida Communities Trust" to
ensure the continuation of the site as a Working Waterfront. 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 visible 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 "Florida Communities Trust" and operated as
Working Waterfront.
Existing Physical Improvements:
Hurricane Harbor site includes an existing building that has been a restaurant but
currently is vacant. There is an outside deck, tiki bar, and dock facility. There is
paved handicap parking available on the north side, and unpaved parking on the
east side. There is outdoor storage on the north side available for fishing gear.
The east side parking area could be utilized to provide parking to both sites, as
well as parking for boat trailers for the commercial fisherman. The parking lot is
very large, and could potentially offer future expansion
Dabrowski /Offshore Marina site includes an existing commercial fishing dock with
slips, aquaculture structures comprising of raceways and floating upwellers
(nursery facilities for aquatic organisms) and the remnants of a fish house. The
dock was recently rebuilt and restored to its original size.
The Hurricane Harbor site is 1.17 acres in size, currently in five parcels. The
building is 6,530 sq. feet, formerly a restaurant with bar. In addition, there are
2,674 sq. feet of deck /tiki bar /outdoor area.
Acreage of Dabrowski /Offshore Marina is .25 acres of land, .75 acres of
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submerged land. The parking surface is unimproved. The fish house exists as a
structure heavily damaged in the 2004 hurricanes and currently open to the
elements. The current footprint of the fish house is approximately 800 square feet.
The dock is configured in a U shape: with a single dock extending out from the
shoreline 41 feet to a platform where the fish house originally sat. From there, two
piers extending out 125 feet each form the "U" with a turning basin for the boats to
moor and unload.
The Hurricane Harbor site has been vacant for at least two years, as such is in
need of some repair. This includes remove /replace roof, remove derelict kitchen
equipment, painting and a new air conditioning system. Also budgeted are some
funds for replacing dead landscaping on the west side of Indian River Drive.
Dabrowski /Offshore Marina —The dock system has recently been rebuilt,
however the fish house needs to be reconstructed. Additionally, the clam
raceways are envisioned to be renovated and provide better functionality for both
operators and visitors.
The cost to restore the fish house is dependent, to some degree, on the level of
state permitting required for a structure that sits above the water. The fish house
was heavily damaged in the 2004 hurricane season and the vision will retain the
original "footprint" of the building. The bottom level will be modeled after a classic
"open floor" fish house utilizing a rail transport system and provide 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 and weighed, iced, packed and
transported to the truck loading area using a vintage rail system.
Enhancement of Aquaculture the clam "raceways" (flowing cultivation chambers)
presently located on the dock will be renovated to allow for better visibility as an
education venue for visitors.
Install a "retro" style push -car rail system along the south dock and to Hurricane
Harbor. This system allows for the loading of ice, bait, equipment and other
supplies to the fishing vessels. This system will also help fisherman move their
daily catch from the dock to the Hurricane Harbor building for packing.
The proposed uses for the facilities are:
Retail fish market promotion of the seafood industry by offering seafood,
aquaculture and limited food service.
Museum interactive and static displays showing Sebastian's fishing
heritage and offering a community meeting room, gift shop or various
educational seminars.
Interpretive Kiosks interactive signage at each facility.
"Wet" exhibits of clam raceway, showing clams from seedling size to various
stages.
Ice Depot provision of ice to commercial fishing
Dock Commercial dockage available for lease to commercial fisherman
Fish House rebuild a historic structure
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"Retro" rail system install the railroad and push car system to interconnect
the two sites and facilitate moving of supplies.
Boardwalk, expanding the boardwalk from the Sembler property through the
Dabrowski site and to Hurricane Harbor.
Aquaculture these are trays that stacked provide flowing cultivation
chambers for clams, oysters or other fresh water marine organisms.
Micro business incubator as space is available, making small leases
available to businesses that have a direct Zink to commercial fishing.
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.
Dock and Parking Facilities
The existing dock for Hurricane Harbor is approximately 165 feet long x 6.5 feet
wide, with six finger piers. There are 105 paved parking spaces, including 4
handicapped accessible parking spaces offering a handicapped accessible route
to the sites. Parking is situated for cars. The parking lot west of the road is
currently an unpaved gravel parking lot and at this time there are no plans to pave
the parking lot. The southern a portion of the parking lot west of Indian River Drive
will be set aside to accommodate boat trailers and larger vehicles, etc involved in
the commercial fishing and aquaculture activities.
There are no buildings currently on the land at the Dabrowski /Offshore Marina
property, the shell of the historic fish house remains on the dock structure.
Parking for both sites will utilize the extensive parking area that is on the west side
of Indian River Drive. The dock at Dabrowski is approximately 165 feet long, in a
U shaped configuration with a turning basin for the boats to moor and unload.
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 bike to the facilities instead of driving and to enjoy the waterfront and to
stop and visit.
Stormwater facilites
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 has several employees that
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
Dabroski site will be evaluated at the time of development by the City's storm
water staff and through the permitting requirements of St. John's River Water
Management District.
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Landscaping
The Hurricane Harbor site is currently landscaped, only a small amount of
landscaping is being proposed to replace anything that has died (one queen palm)
AND also providing new landscaping hedges in the west side parking area. The
site is heavily covered in trees, although most are in need of pruning to eliminate
dead fronds.
This is the east side of Indian River Drive, Hurricane Harbor facilit
On the west side of Indian River Drive, where the parking lot is, there are more
than 70 trees to shade the parking area, in a combination of native (Live Oak, Wax
Myrtle, Pin Oak, Saba! Palm) and tropical (Queen, Foxtail, Canary Island Date,
and Bismarck palms, as well as several very large, old Banyan trees).
Pictures of trees for the parking lot located on the west side of Indian River Drive
13
The Dabrowski site requires new landscaping including hedges, building of some
landscaped areas, etc. to increase the aesthetics of a working marina. Trees will
be planted concurrently with the fishhouse redevelopment to meet the City's Land
Development Code requirements.
Stand of trees on the Dabrowski /Offshore Marina facility.
14
Native plant species will be used on both sites whenever possible with plant
preference given to those that are salt tolerant and water tolerant: Zamia
(cardboard and coontie varieties), buttonwood (in silver or green), fakahatchee
grass, viburnum, cordyline (ti plant), wild coffee, etc. Trees utilized will emphasize
natives including Southern Magnolia, Silver or Green Buttonwood, and Live Oak.
The timeframe for planning the hedge material and removing /replacing any other
dead trees is within 180 days from acquisition.
There is a small stand of Australian Pines (casusrina glauca) on the east side
(between the Dabrowski property and a small amount of Brazlian Pepper (schinus
terbinthifolius) to be removed.
The stand of Australian Pines to be removed:
On the west side of the property, there are Brazilian Pepper trees growing between
the parking lot and the stormwater tract to be removed. The City agrees to
commit to removing the exotic and nuisance species from the site within 180 days
of acquisition utilizing the current FLEPPC list, City Staff will remove any listed
exotic /nuisance species found. The Brazilian Pepper will be removed using "best
practices" methods.
Any feral animals, such as feral cats and dogs, which are found on site will be
removed from the site in accordance with best management practices.
The City will monitor this site annually for nuisance and exotic species. City Staff
currently monitor a number of City owned facilities, so these parcels would be
included in a regular assessment.
15
Water quality protection
Both sites are developed. The Hurricane Harbor site has an installed storm water
management system that is in compliance with storm water requirements of the
water management district (SJRWMD). The City will work on nuisance species
removal from the storm water ditch which will enhance the water quality of
stormwater collected in the wet retention ditch. There is no direct stormwater
discharge from the Hurricane Harbor site, which has an SJRWMD approved
system. 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, the
City will consider planting spartina alterniflora (shoreline grasses) along the
shoreline.
Stormwater improvements for Dabrowski to 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.
Both properties are within coastal hazard area, any building permits will meet
required wind load for exposure zones, for the national flood insurance program,
and State of Florida building codes.
Educational Signs and Displays, Museum
The City will provide interpretive kiosk(s) 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 education programming concerning the economic, cultural or historic
heritage of Florida's traditional Working Waterfronts of the area. The types of
displays will include information about early settlers and Ais Indians as the first
"fishermen" up through today's families. Displays will include information on the
historic dam 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 clean and prepare locally caught fish and "Tales of
Sebastian" from some of the older fishing families.
Archaeological and Historic Resource
No known archeological artifacts exist, but if items are discovered, the City will
contact SHPO immediately. The are some historical artifacts on the Hurricane
Harbor site. These are barrels that were utilized during prohibition for rum running
from the Caribbean. These barrels will be protected to the best of the City's
abilities. Additionally, its anticipated that several local families will donate items
of historical significance to the working waterfronts program displays. The City will
16
provide interpretive signage for historic resources. While fishing is a historic
industry, the fishhouse 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.
The largest "restorative" need on the Hurricane Harbor site is to restore the Florida
"fishing village vernacular" architectural style by converting the foam roof to a
metal roof. This will be completed within 180 days for acquisition.
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 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.
Permits
Department of Environmental Permitting (or successor agencies) DEP transfer
of Submerged Lands Lease reflecting the City as owner on the
Dabrowski /Offshore Marina Submerged Lands Lease. The Hurricane Harbor
property has a Board of Trustees deed for the submerged land (attached)
adjacent. The City will obtain an environmental resource permit or wetland
resource permit for any proposed structures over the water or wetlands at the
project site(s).
Health Department inspections /permit for the sale of fresh seafood and limited
food service.
City of Sebastian Building Department permits for re- roofing, exterior
improvements, etc. Projects that require building permits will be issued through
the City of Sebastian's (COS) building dept. County permits are not required
within the City's municipal limits.
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 identified 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.
IV Business Activities
Existing business activities
The Hurricane Harbor facility is vacant, it was a full service restaurant/bar.
17
However, there are currently no business activities on the site.
Dabrowski /Offshore Marina is commercial fishing marina with an aquaculture
operation (raceways and upwellers). The existing business activities consist of
commercial dock rental, aquaculture operation rental and some processing of
fish (packing, sorting, etc) on a daily basis.
Proposed business activities on the site.
Retail fish market promotion of the seafood industry by offering seafood,
aquaculture and limited food service.
Museum interactive and static displays showing Sebastian's fishing
heritage and offering various educational seminars. The business activity
includes a small gift shop.
Interpretive Kiosks interactive signage at each facility.
"Wet" exhibits of clam raceway, showing clams from seedling size to various
stages.
Ice Depot provision of ice to commercial fishing
Dock Commercial dockage available for lease to commercial fisherman
Fish House rebuild a historic structure
Aquaculture these are trays that stacked provide flowing cultivation
chambers for clams, oysters or other fresh water marine organisms.
Micro business incubator as space is available, making small office leases
available to businesses that have a direct link to commercial fishing.
Description of the goods /services to be sold on site
Retail fish market Offering seafood, aquaculture and limited food service
like fresh steamed clams. The fish market will support the commercial
fisherman by offering a retail /wholesale outlet in immediate vicinity of their
boats. It can be unloaded off the boats /docks on Offshore Marina and sold
next door at Hurricane Harbor.
Museum Gift Shop anticipated to be limited square footage and would sell
items that have a direct link to the commercial fishing enterprise i.e.
cookbook featuring recipes from locals or "tastiest catch" type t- shirts
promoting Sebastian's fishing heritage.
Ice Depot provision of ice to commercial fishermen, will assist commercial
fishing rather than having it trucked in from another facility (which adds to
the cost of business for fishermen).
Dock Commercial dockage available for lease to commercial fishermen,
possibly including a fuel facility only for use by fishermen.
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).
18
The limited food service, approximately 6 tables, will indirectly benefit the
commercial seafood industry by assisting in the promotion of Florida's "Tastiest
Catch Florida's commercial fishermen annually harvest more than 83 million
pounds of seafood with a dockside value of more than $168 million. Retail and
restaurant sales of Florida seafood products total $24 billion annually. (Estimates
provided by the State of Florida, Department of Agriculture and Consumer
Services, Seafood Division)
The Museum the Museum will give local fishing families (some in their fifth and
sixth generations) an outlet for preserving and showcasing their heritage.
Current and future demand for the facilities and activities
The primary customers are "day trippers" those traveling to the area in 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 page 6 and 7 for detailed
demographic information.
V Concessions and Leases
Identify existing concessions and leases
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.
All proposed concessions and leases are anticipated to be governed by the lease
between the City and FLS. The FLS is a 501(c)3 not for profit corporation. The
City will provide a copy of the lease with FLS for FCT to review and 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 land lease for the existing docking faculties on the project site.
Hurricane Harbor site has a Deed for the Board of Trustees of the State of
Florida for their submerged land (attached).
Dabrowski /Offshore Marina attached
The City will provide annually 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 wetslip certification forms and any fees due for the use of sovereign
19
submerged land within the leased area.
VI Management Needs
Management
The City will enter into a lease agreement with Fisherman's Landing Sebastian that
is similar to the agreement between Martin County and the fishing collaborative in
Port Salerno. Another model lease to be utilized includes the one recently
approved by Brevard County for Blue Crab Cove business entities "Mrs. Crab
Apples Crab Shack and Doc's Bait House This contract and any changes to it
will not be executed without FCT approval.
Maintenance
The City staff will ensure that either City Staff or the managing partner will ensure:
1) Regular mowing, pruning of landscaping.
2) Keeping the property free of trash through pickup and daily trash removal.
3) Maintenance of the docks.
All maintenance will be conducted either by City Staff (from the Public Works
department) or through FLS.
Security
The City will ensure that both sites are secure.
Hurricane Harbor has an alarm system, additionally Sebastian Police Department
(SPD) will conduct routine patrols that the site is protected from vandalism, theft,
etc. The best protection against these types of crime, is to operate the facility
instead of the property sitting vacant.
The deck and dock on the Hurricane Harbor site will be kept locked when the
facility is not in use. Additionally, the City will post the hours of operation.
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 permanent positions (FTE). The City
will work with FLS and the Sebastian Historical Society to provide volunteers to
staff the museum portion, similar to the existing staff for the historical museum next
to City Hall.
VII Cost Estimates and Funding Sources
Structure and Improvement:
Hurricane Harbor:
$60,000 Roof
$10,000 termite /rodent treatment
$40,000 NC
20
5,000 Remove kitchen equipment
$10,000 engineering /architectural fees
$20,000 painting
$10,000 signage
5,000 landscaping
The funding mechanism for these improvements includes the City's CRA funds
which are available to fund 100% of the costs. However, the City will solicit grants
to assist in the costs of renovations.
Dabrowski /Offshore Marina:
$12,000 Engineering Fees
$200,000 $400,000 Construction Costs*
Costs for construction of the fish house are $110 per square foot. The original
footprint of 30 x 55 will be utilized. For a single story structure, costs are
anticipated to be $181,500.00. If a two story structure is feasible, construction
costs will be $365,000. Factor in costs for parking and stormwater improvements
approximately $40,000.
The Lease between the City and FLS will require that all marina improvements will
be conducted and maintained by FLS.
Maintenance
Annual costs $18,000 per year for insurance, utilities, janitorial, maintenance,
submerged land lease, etcetera will be allocated in a pro -rata share between the
City and FLS. Maintenance of the docks and raceways will be solely the
responsibility of FLS.
Security
Alarm system and 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 aquaculture. These funds will be utilized for maintenance and
improvements.
Priority Timeline
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
Management lease with Fisherman's Landing Sebastian
X
Renovate Hurricane Harbor
X
X
Solicit vendor for fish market
X
Open fish market
X
Open Museum
X
FCT recognition sign
X
Install interpretive kiosk
X
Extend waterfront boardwalk
X
Install bike rack at Hurricane Harbor
X
Site planning for the Fish House
X
Permitting for the Fish House
X
Coordinate with the Aquatic Preserve
on water quality protection measures
X
Constructing the Fish House
X
Landscaping the Fish House property
X
Stormwater improvements on the Fish House
property, as needed
X
Shoreline plantings on the Fish House property,
as needed
X
Renovate clam raceway
X
Permitting for push —car rail system
X
Install a "retro" style push -car rail system
X
Site plan for ice house
X
Permitting for the ice house
X
Solicit vendor for the ice house
X
Open ice house
X
Contact the Division of historical resource
to see if the facilities qualify for listing on
the National Register of historic Places
X
Photo documentation of the development and management
of the site
X
X
X
X
X
X
X
X
X
Invasive exotic plant removal
X
Invasive exotic plant monitoring and removal
X
X
X
X
X
X
X
X
Monitoring and removal of feral animals
X
X
X
X
X
X
X
X
X
Annual Stewardship Report
X
X
X
X
X
X
X
X
X
VIII Schedule
IX Monitoring and Reporting
The City's Growth Management Department will prepare an Annual Stewardship
Report, due October 30 of each year, which evaluates 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 wetslip certification 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.
Exhibits
A) Location Map showing the project site in relationship to the surrounding area
preferably a USGS Quad map
B) Public Lands Map showing the project and other Working Waterfronts facilities
or business in the area
C) Master Site Plan /Proposed Improvements
D) A copy of the Grant Contact.
E) A copy of the existing Submerged Land Lease and Board of Trustee Deed
F) Compliance letters from DEP
G) FLEPCC list of nuisance and exotic species
H) Future Land Use Map
Exhibit B Public Owned Lands
Archie Smith Fish House
(owned by Indian River Co.)
Working Waterfronts Acquisition
(former Hurricane Harbor and
Dabrowski /Offshore Marina parcels)
Sembler parcel
(privately owned)
NOT 1D SCALE
Working Waterfronts Acquisition
(former Hurricane Harbor and
Dabrowski /Offshore Marina parcels)
Sernbler parcel
(privately owned)
HOME OF PELICAN ISLAND
Ii. !1'
Exhibit B Public Owned Lands
Archie. Smith; Fish House
(owned by 'Indian River Co.)
1.
1
mic
w
BY ELECTRONIC MAIL
nk@euro60.com
Sebastian Harbour Ltd and
Condor Enterprises of Palm Beach Inc.
and Dancu Holding Inc.
c/o Norbert Kreyer
16 NE 4th Street, Suite 110
Ft. Lauderdale, FL 33301
Re: Indian River County ERP
OGC Case No. 06-0891
Case Closed
Dear Mr. Kreyer:
Florida Department of
Environmental Protection
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803 -3767
OCD- ERP -10 -0183
This letter is to inform you that the Department's enforcement case against 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,
it
Pamela Ammon
Environmental Manager
Compliance and Enforcement
Submerged Lands and Environmental
Resources Program
April 30, 2010
Date
cc: Alissa Meyers, FL)EP
Lea Crandall, OGC
Kris Tvlloch, Central District
Rebecca Groball, City of Sebastian, (rgrohall@cityofsobastian.org)
Eugene Popow, (crvstaltree@bellsouth.net)
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
Michael W. Sole
Secretary
FLOR
13? CERTIFIED MAIL
91 7108 2133 3936 6376 8770
Henry J. Dabrowski Irrevocable
Trust UTA July 17, 2007
c/o Herbert V. Morrison
FBO Henry J. Dabrowski Trust
28826 Ramblewood Dr.
Farmington Hills, MI 48334
Dear Mr. Morrison:
Enclosure
Indian River County
OGC File No. 09 -3161
Close Letter
Florida Department of
Environmental Protection
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803 -3767
OCD- ERP -10 -0128
Enclosed is the signed and entered Consent 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 corrective actions have been
completed at your facility, including the execution of a temporary use agreement (TUA) and payment of
lease fees in arrears. 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 TUA's execution.
Should you have any questions regarding the above, please contact Sirena Davila at (407) 894 -7555,
x2246, at the Letterhead address, or at Sirena,Davila @dep.state.fLus. Thank you for your cooperation in
resolving this matter.
Sincerely,
A'' :n atkins
Submerged Lands and Environmental
Resources Permitting
AW /sd /df Date: 3 -24 —10
cc: Steve Gutman (sgutman@bodmanllp.com)
Rebecca Grohall, Growth Management Director, City of Sebastian (rgroha1J cityofsebastian.org)
Kristine Jones, OGC
Lea Crandall, Agency Clerk
Kris Tulloch, DEP
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
Michael W. Sole
Secretary
09 :93 9 (UL f t'i1
f`( IN THE RECCRC'a DF
fi This Instrument Prepared By: JEFFREY K.
C K CIRCUIT CC''
Charles W. Horne l vpiAtf t1 VER CO..
Bureau of Land Management Services
3900 Commonwealth Boulevard
Mail Station No. 130
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
0l C./
SOVEREIGNTY SUBMERGED LAND LEASE RENEWAL
NO.310006484
L'
Ot
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 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 Henry J. Dabrowski and Anna Dabrowski hereinafter
referred to as the Lessees, the sovereign lands described as follows:
N3 A parcel of sovereign submerged land in Section 06 Township
31 South Range 39 East in Indian River
Indian River County, containing 17,925 square feet, more or less,
as is more particularly described and shown on Attachment A, dated
October 2, 1989
1 1" TO HAVE THE USE OF the hereinabove described premises for a period of 5
years from August 15, 1994 the effective date of this lease. The terms and
conditions on and for which this lease is granted are as follows:
1. The Lessee is hereby authorized to operate exclusively a commercial
docking facility in conjunction with upland boat repair services with
fueling facilities, without sewage pumpout facilities, and without liveaboards,
as shown and conditioned in Attachment A, and the Department of Environmental
Regulation Permit No. 31 39- 0048- -4E, dated January 24, 1979, Attachment 8.
2. The Lessee hereby agrees to pay an annual lease fee, plus sales tax
pursuant to Section 212.031, Florida Statutes, if applicable, of $1,254.75 The
annual fee for the remaining years of the lease shall be adjusted pursuant to
provisions of Section 18- 21.011, Florida Administrative Code. The Lessor will
notify the Lessee in writing of the amount and the due date of the annual payment.
The lease fee shall be remitted annually to the Division of State Lands as the agent
for the Lessor, beginning with the effective and due date of this lease, and each
year thereafter until the term of this lease terminates or expires.
3. The Lessee shall pay a late charge equal to interest at the rate of twelve
percent (12 per annum from the due date until paid on any lease fees or other
charges due hereunder which are not paid within 30 days of their doe dates.
4. The Lessee shall provide upon request by the Lessor any and all
information in a certified form and to calculate the lease fee specified in
paragraph two (2) above, including wet slip rental information, if applicable. In
addition, if the wet slip rental rates change during the year, the Lessee shall o
submit a revised rate schedule within 30 days following the effective date of the
rate change. The Lessor reserves the right to assess retroactively additional
payments when the actual rental rates or total number of linear feet for rent used
to determine the annual payment differs from the rental rates or total number of
linear feet for rent supplied by the Lessee. 7V
TJ
LR -2 04/25/94 (01)
CO
5. 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 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.
6. The Lessee shall secure, maintain, and keep all records for the entire
term 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 for lease payment verification purposes by the Lessor.
7. This lease is given to the Lessee to use or occupy the leased premises
only for those purposes specified herein. The Lessee shall, not alter the approved
use of the sovereignty lands or the type of use of the adjacent uplands (e.g.,
commercial to multi family residential) without first obtaining the Lessor's written
authorization in the form of a modified lease and the payment of additional fees, if
applicable, and the removal of that portion of the original structures which are no
longer authorized under the modified lease.
8. 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.
9. This lease shall not be assigned or otherwise transferred without prior
written consent of the Lessor or its duly authorized agent. Any assignment or other
transfer without prior written consent of the Lessor shall be null and void and
without legal effect.
10. During the term of this lease, the Lessee shall maintain a leasehold or
fee simple title interest in the adjacent upland property 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 leasehold or fee simple title interest in the
upland property, Lessee shall inform any potential buyer or transferee of the
Lessee's upland property interest of 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 fcr 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.
11. The Lessee shall investigate all claims of every nature 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.
12. Lessee waives any venue as to any litigation arising from matters
relating to this lease and any such litigation between Lessor and Lessee shall be
initiated and maintained only in Leon County, Florida.
13. The Lessee binds itself, it 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 cr 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, this lease may be terminated by the Lessor upon thirty (30) days written
notice to Lessee. If cancelled, all of the above described parcel of land shall
revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to
enforce this provision shall be paid by the Lessee. All notices required to be
given to Lessee by this lease or applicable law or administrative rule shall be
sufficient if sent by U.S. Mail to the following address:
Henry J. Dabrowski
Sebastian Offshore Marine, Inc.
1532 North Indian River Drive
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.
Page 2 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
14. 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.
15. 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.
16. 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.
17. No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the
leased area. No restaurant or dining activities are to occur within the leased
area. 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 and welfare; provided, however, that such activities shall not exceed the
activities authorized by this agreement.
18. The Lessee shall not permit any vessel required to be registered or
titled under Florida law to moor or dock within or otherwise use the leased area
unless such vessel is registered or titled in accordance with Chapter 327 and 328,
Florida Statutes.
19. 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 the form set forth in Attachment C 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.
20. 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.
21. Upon expiration or cancellation of this lease all permission granted
hereunder shall cease and terminate.
Page 3 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
22. Renewal of this lease shall be at the sole option of the Lessor. Such
renewal will' 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 including the
construction requirements set forth in Paragraph 1, the Lessee may apply in writing
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 term of any renewal granted by the Lessor shall
commence on the last day of the previous lease term. If the Lessee fails to timely
apply for a renewal, or 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 riparian upland property more specifically described in Attachment
D which shall run with the title to said riparian upland property, and shall be
binding upon Lessee and Lessee's successors in title or successors in interest.
23. 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 item 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 Lessor under applicable laws, rules and regulations including the right to compel
removal of all structures and the right to impose administrative fines.
24. 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 interest of the Lessee in
its uplands enforceable in summary proceedings as provided by law.
25. The Lessee, at its own expense, shall record this lease and any
subsequent approved renewal and /or modified leases in the official records of the
county within which the leased site is located within fourteen days after receipt of
a fully executed copy of this lease, and shall provide the Lessor with a copy of the
recorded lease indicating the book and page at which the lease is recorded.
26. 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.
27. 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,
the Lessee may install boatlifts within the leased premises without formal
modification of the lease provided that (a) Lessee provides to Lessor an acceptable
engineering drawing of the proposed lift; (b) the location or size of the lift does
not increase the mooring capacity of the facility; and (c) written approval of
Lessor is obtained prior to the installation or construction of the lift. A copy of
such authorization shall be attached to the lease.
28. Lessee shall place and maintain covered, secure trash receptacles,
preferably of 50 gallon capacity, of a sufficient number and at appropriate
locations on the overwater structures within the leased area to encourage facility
users to discard litter in an acceptable manner and prevent litter from being
discarded into the waters of the State. Immediately adjacent to the trash
receptacles, Lessee shall post signs the size of which shall be at least as large as
18" x 24" with white lettering on green background to carry an appropriate message
such as DON'T BE A LITTER BUG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH
RECEPTACLE.
rso
Page 4 of 16 Pages 'T7
Sovereignty Submerged Lands Lease No. 310006484 G)
U1
O
29. Prior to commencement of construction and /or activities herein, the
Lessee shall Obtain the U.S. Army of Corps of Engineers (COE)- permit if it is
required by COE. Any modifications to the construction and /or activities authorized
herein that may be required by the COE 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.
30. SPECIAL LEASE CONDITION:
Lessee shall install and maintain manatee awareness signs, at locations
and of a format acceptable to the Division of Marine Resources, Office of Protected
Species Management, advising boaters to exercise caution due to the presence of
manatee in the area. The Lessee shall install and maintain manatee information
displays, in locations and of a format acceptable to the Division of Marine
Resources, Office of Protected Species Management, informing the boating public of
the habitat and mannerisms of the manatee and potential threat boats can impose on
the continued existence of the endangered manatee. The Lessee hereby accepts the
responsibility to contact and comply with the requirements of the Division of Marine
Resources, Office of Protected Species Management, MS 245, Florida Department of
Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399,
within 6 month of receipt of executed lease. The Lessee also agrees to provide an
affidavit signed by the Lessee stating the required signs and displays have been
installed and satisfy the requirements of the Division of Marine Resources, Office
of Protected Species Management.
Page 5 of 16 Pages
Sovereignty Submerged Lands Lease No. 310006484
WITNES
Original Signature 1
Typed /Prin d Name of Witness
u..
ig
Orina Signaa ture Q-
Typed Printed Name of
STATE OF FLORIDA
COUNTY OF LEON
APPRO D AS TO FORM AND LEGALITY:
DE
WITNESSES:
My Commission Expires:
9/01/96
Commission /Serial No.
r tiff SYLVIA Y. SCOTT
3.: MY COMMISSION 1 CC295550 EXPIRES
�i• A' Jury 25, 1997
0 iginal Signature
Nelson L. Caldwell
Typed /printed Name of Witness
Original Signature
Edward Piendel
Typed /Printed Name of Witness
STATE OF Michigan
COUNTY OF Oakland
'VtgaS..V BONDED THrU TROY FAa BSURANCE. INC.
BY
BOARD OF TRUSTEES OF TH
IMP:' NT TRUST FUND OF
F
The, poregoing inst u ent was acknowledged before me this
r/
per ov 19 by Daniel T. Crabb, Bureau Chief
ally known to me.
Daniel T. Crabb, :ure
Bureau of Land Managemen Services,
Division of State Lands, Agent for the
Board of Trustees of the Internal
Improvement Trust Fund
Public, St.y4' of lorida
to
Page 6 of 16 Pages
Sovereignty Submerged Lands Lease No. 31000(434
"LESSOR"
Typed Stamped Name
My Commission Expires:
The foregoing instrument was acknowledged before me this
Oct h er 19 94 by .Henry J and Anna Dabrowski
personally known to me or who has produced
identification.
Notary Pu
Printed, Typed or;ksel: ;Hl
Commission /Serial No. P
day of
who is
"el /997
955.57)
Henry J. Dabrowski and
Anna Dabrowski (SEAL)
Lessel
VY247,0Q4
Or inal Signature f Executing Authority
Henry J. abrowski
Type r nted Name of Executing Authority
BY
Original Signature of Executing Authority
"LESSEE"
Anna Dabrowski
Typed /Printed Name of Executing Authority
18th day of
whcj (are)
add;
DE'JQtIFTIDN OF LZ.5E AREA: Br-SA n DEL. -.OF suutiEw3 LAND IN 1HE 34DIAN R. .R ��A^-� I34- 117JERwEtr L17r 1, SECT /CH
6, •70MVSi0 SOON, RANGE 39 EAST Dim RIVER OOINTY, FLORIDA, BEING MORE 7UL E�- .M7tIESm AS 703.1(3 C
AT THE INTolsECT2QV OF THE SOUK! Lin, OF HIED ETLIN'S SUBDIVISIa4 OF 111E CITY OP S&LMS71AN AM THE 171ST RIOTT -0E-WAY
LINE OF DIXIE HIGM4AY AS RECORDED IN PLA11307R 2, PAGE 56, PUBLIC R£LAIt06 OF DOL1N RIVER COUNTY. FLORIDA: THENCE $25'25'
00 (ASSI8¢Z1 BLARING FOR DESCRIPTION PJRPOSES) ALCM SSID EASTERLY RICHT -OF -WAY LINE, 16.18 MET 10 A POINT: VOCE
N6 E, 126.77 FEET TO THE EAST EDGE OF AN EXISTI7G CONCRETE BULIO1FAD WALL ALSO BEING THE POINT OF LEGIN4INC:_
'THENCE CONTINUE H67 190.0D FEET; THENCE 1422 135.00 FEET: THENCE S60 781.07 MET: THENCE 523'
36'18 "E, 99.07 Mr; THENNC" S67'51 13.30 FELT TO THE EAST EDGE OF SAID 00NC7ErE BUL]OIE#D WALL: THENCE 523 E
,A1CNG EAST EDGE OF SAID CYNf7ETE BULKHEAD WALL, 12.00 FEET MCX 10 THE POINT OF BEGWtING. 1EZS AM EXCEPT T}E S77AtCLURFS
I.RArIDFA1}iER0D 4MER GSR 1310007, BEING MORE FULLY DESCRIBED AS IDLIO4S: CIY ID C21G AT THE INTEASECT1a4. OF THE 5OVIH
?r LIE OF MIDOIETCN'S SJBDIVISI34 OF THE CITY OF SIBASTIAN AM THE FAST RIO4T -0E-WAY LANE OF DIXIE HICO4WAY. AS RDCDFSEU
=-IN P1ATEIOOK 2, PAGE 56, PUBLIC 1/ENR1S OF INOLM RTVQ4 =WY. FLORIDA CO 3425'25 "W (AT4 ASSURED BEARING FOR IESCRIPTION
A1RP06'Eri) -Aw40 MID EASTERLY RIGHT-OE-HAY 46.48 FELT 70 A POINT: THENCE N67'51 '16"E 126.77 FELT TO THE FAST EA',E OF
.AN :EXISTING CC7ICRETE BU1JOiEAD WALL; 1)IEN= 123'23'26 "W ALONG THE EAST EDGE OF SAID WALL 2.00 FEET 7O THE S.W. CORNER
re! OP /N- b[ISPING WconE0 Dm( AN0 THE 11247 Or CHTINiING; 11I 407 N67'51'16'0 MONO THE small SIDE OF SAID D7C7C 98.75 FEET;
THENCE N22•08 1.00 FEET; THIN= N67 90.50 FEET; THENCE N22'08'44'W 6.00 FEET; THENCE S67'51'16 "W 60.00
THENCE N22'08' 44"W 35.00 FEET: THENCE 567'51'16'W 30.00 FEET; 11474CE; N22'08'44 "W 10 :00 FEET; THENCE 567 w
35_00. FELT: THENCE 522'08'44'7 45.00 FELT: THENCE 567'51'16"W 64.47 }77;T 70 714E EAST SIDE OF MID E%IST1PG LCYV„LQJI.
_BOLQICAD WALL; THENCE 023'23 10.00 FEET RAD( TO 111E POINT OF BEG1NN18G; SAID LEASE AREA CLVTA1N11G 17.925 SQ.
FEET MORE 02 LESS.
Legend
Grandfathered
structures not
included
lease area
FLOOD ZONE
STREET ADDRESS
Location Map
SET RE D47
00 W
TYPE OF SURVEY $UP'(I ct 1ANas
PHONE .589 -4810
((WEAK NOTES:
.1. SRAME Or DISR7PNC1N NE►
2. Mtn OF OCARM(5 FAST Rat. UVE OWE MMNIAT ASSUMED TO le NS5R5b0'I
.I) ELWVATIONS USED ON N.6Y.7.
4 »4NOMAAK DESCAP710N PUSS RS0 N S.L. OCNOtE1E 'ALL EAST SMOf RlC 7RES7L
LOWED ON SOUTH SLOE VL6K71414 2475 M ROSELAND, IL S TAMPED (L.7JUN 3)
ELEVA7104 20.065
5047NE8LY MAp7S
O U NANO 05147855°
KR cusp. !AA LACE
O SD0, ►UauC RE caws
\Of Lt-CO, f.0702
sr? Ara..
Aw
uN775 Or LASE AREA
AND NOXRLERLT /IPA81V4 dR4E
(2777146 x000
OOLXNC AD
73771NC COVG
9ARNEAD VALE
E
.p.
North
r0EK 7,• TrA4 -10
(41* 1,^770I 8 VAS GI
S OUTH LINE O.r MIDDLE TON'S
\SURD. PER PB 1, PC. 56
INDIAN RIVER COUNTY,FL.
B
PROFESSIONAL LAND SURVEYORS
POST OFFICE BOX 1045
SEBASTIAN, FLORIDA 32958
.4
Attachment
Page 7 of
SSLL No.
Scale;
1" 60'
80117•0 RIPARIAN LINE
DATE
CER77F7CA770N.• I, ROD REED, HEREBY CER7/FY THAT 7HE SURVEY SHOWN HEREON
WAS PERFORMED GA T R AND SAID SURVEY MEETS THE M IN/MUM TECHNICAL
STANDARDS PURSUANT 70 SEC7/ON 472.027 OF 7HE FLORIDA STAR/XS AND
.A2 re
21HH -5 OF THE ADAIIN.'STRAl7VE CO,9E
CERI)f7ED TO: MENRr a DAOROV510
ROD REED R -LS /3916
MAS TELLER, MOLER REED INC.
A
16 Pages
310006484
Y
REVISIONS
Legal
d- ra
Attachment A
Page 8 of 16 Pages
SSLL No. 310006484
NORTHERLY LAgTS
OF UPLAND OYNERSHIP
PER O.R.B. S64, PACE
Q 594 PUBLIC RECORDS
\fir LRCCI. T10RODA
T, Yr
s1T we
\T
Date Revisions
General Notes:
1. Daeorlption: es prepared by surveyor.
2. of bearings: The east right -of -way
line of Dixie Nighwey le Assumed to be
N25'25'00'w.
3. Elevations: based on N.6.V.D.
4. Benchoark description: bras. disc is S.L.
concrete well on want Bide of R.R. trestle
located oa south aide of the Sebastian Elver
in Roseland, Florida; stamped• "(L33 /1733)
Elevation 20.055'.
Client' Hen
Type of Survey
Date Performed
Street Address
Flood 2onei A
Drawn by'
J. Debrowski
Submerged Lands
8 -2 -88 f F.B.
MASTELLER,
NORTHERLY RIPARIAN LINE
SET RESAR
N40 C4P
1Pane1 Nr) 12061C 0077E
'Checked by
EXISTING IOW
BULKHEAD
EXtS71NC LONG
S.UCHEAD rm.14
a..a
AZ
1.1,-N: o.pe'
e
Pq
SHIREUNE
Scale;
a 50'
t'
0 J.
0
r.
S OUTH LINE OF MIDDLE TON'S
UBD. PER PB 1, PG. 56
INDIAN RIVER COUNTY,FL.
CERTIFIED TO:
Certified correct to the best of my knowledge
and belief in conformity with the minimum
technical standards set forth by the Florida
Board of Land Surveyors, pursuant to
472.027 of the Florida atstutee end 21NN -6 Of
the administrative coda.
This survey in prepared and certltt.d for the
exdlusive use of the client(s).naMed bel'.dn..,
It is not valid unless embossed wifh t.�.pp s.al.
of the underergned. I Cr•
MOLER REED .INC
PROFESSIONAL LAND SURVEYORS
Description of structures grendfethered under CSR 1 310007:
Commencing at the intersection of the south line of
Middleton'• Subdivision of the City of Sebastian and the
east right -of -way lino of Dixie Highway, as recorded in
platbook 2, page 56, public records of Indian River County,
Florida, go N25'25•00'w (an assumed bearing for description
pnrpoeem) along ■aid easterly right -of -way 46.48 feet to a
point; thence N67'51'16'E 126.77 feet to the east edge of e
existing concrete bulkhead wall; thence N23•23'26'W along t
east edge of said wall 2.00 feet to --the S.M. corner of an
existing wooden dock and the Point of Beginning; thence
(467'51'16'E along the south aide of said dock 98.75 feet;
thence 872'06'44'W 4.00 feet; thence N67'51'16'E 90.50 feet
thence N22'01'44'W 6.00 feet; thence 967'51'16'w 60,00 feet
thence 1422'08'44`W 35.00 feet; thence S67'51'16•w 30.00 fee
thence /422 10.00 feet; thence 867'51.16'W 35.00 fee
thence S22'08'44'E 45.00 feet; thence 667'51'16'W 64.47 fee
to the east side of said existing concrete bulkhead wall;
thence S23•23'26•E 10.00 feet beck to the Point of Beginnio
containing 4156.61 •guar. feet more or lees.
Ir+
.6 f
Jind '6
ir,
SOUTHERLY RIPARIAN LINE
Henry J. Dthrnwek;
.J
Rod Reed i
R.L.S. 1 3916
c
d
D,
Port Ofi iCC I :nx 90
Scba:it:n::, Florid-1
329r.E
SlAlt t.•' -r
D:.(' /d Vi' Ei:lrla% I ,ES.f'?
t ltTi.7N
tit
I'Ii,..;rrilC) t]F1C.:t1U.1!
31- 3$- GC48 -4);
PLisCi.i:i1 NU.:
no.. applicable-
cow ;TY: 71t:)ian River
PAOJECT: suawa1J and dock
.i;;;;'7111:: permit •is iuurd u Ihr h ru taunt of CL;pter 253 and /or chapter X103, Florida $taw's, end rules of :he
DoJ+Unrrns of Luv•r0nrntr.t..1 T !.Hain hrrc:nalter called tut• Deuartrnrnt. 11 a fedora, permit is required for iris
act rvily Pursuant to Public Law D7-r.00, this a. ;her certifies that the project described below and delimited by Ill:
&laird cundit;unt will corrsoiv with the _Dpfic :.isle ::•aloe 0uelity Standards o1 she Ssafe of florid:, or waives Water
Crrt;fitation as indicated acut The above namtd.4pplire. hereinafter called Ferminee is hereby arrtho•
rized to Perform the work :!town on Iht• aPProvrd erawing(s) attached hereto and made a part hereof and &Doti!•
:tally Or&cribed as !Dhow!:
To construct approximately 200 lie,
fact).: to construct :end extend c :l
approximately 13,200 r.t;'Jare feet.
developed around an existing co ;rr•:
Townslliu 31 South, Rtrn Vin. 2S s t
Indian River County.
pgilarflTi
SEP -•'t 1979
1ANAGEMEN I SECTION
2 77979
GEHEMAL CONDITIONS: r R�,! lOfN'$ SECTION
1. Unless soccifically slated otherwise ;•e work au :horircd by this Permit shall be valid for a 131 Ye
Pcridd Mi: :halt ro.^..men:t •JPOn receipt by the Permitter o: all governmental eulho;izzlioa•, stale end Icderal. The
Dertartment may revoke, this Permit if the Permute: fails to use due dilipenoe in oosaim ;n3 such reouirrd anvern•
men! authorizations. Furine In ;s Permit snal! no: relieve She Permitter from the reouirenient of ob ;nine
Permits from and complying with I :lul seuuircm_nis imposer./ by U... the c
krmy Corps f npirerr., local govern.
ntent :rpencirn, DI the Flor;de'Dep.nn :n: ;,l Na!u
;al ficsoorees and pplizable local, state and federal lava.
o
2. This permit shall be Prpne•,Jy exerutCC a binding under the law when the rn
end r „ailed to to :&sump oflk L luavn on Ih•- 'remit Plz :d p
AY of this Fermi: is si gned revue within fifteen 11E rfa�s Diu -r it is trans:ritte,. 1 Y the Perm/net by C.Crliiicd mail, return receipt
to Ina PumiUrc.
t r iss;no office Ishot7 On the F
p ,=a c orattuct :can lace�,c arm ;1 rizra, d) o: Ihr time
:Eno: ::,•r .roe!;
:.utno: ircd b :atcdule o:
Y
lin 1 'cnnit f lueand rs r. ,liar[ so be nosts•d in a eorndicouus ldealiou t Ihr v:urk ;t:
of tin :sort:
a dw,ng the entire
L., This f'r.nait inlL care•• m 1.
th :.0 ,.'lil wt•:aJLt
C 2! t1
Delta- a. d,:J .L:..... the p...:.._, sit 2 C::'..
sees. .i r,1 r,f•;c., ••l, d n this'd n n i%t sc sa :ivC of
._s e es
n nt. rsn lu ra :cr up on the Dr i i :c•s a
tn:s r'ernin
G. Yrrnu :Ir-.; ii rory „■rer7 u, the Permit 1 ''I: :.'d to
last. of IL, t i. ubt ;w.rv,.l I :CJ ;n� of lice shown o.
the Ply :ant I'r'on Comm
7. F'c•rmi ter er steals not ,tn :u� r o, t•■••n.:,cc :unit ••t• :,a; r s•t:ev:,d Ib•• t6ni:- of
by In:;. f•rrn,n v.iU., a,: ills! Uhl::n..n�
ury tri f from t!•i t' :'O =cn uc y u sz ath r u cd
I c fla r :•nqa `.rune :I:p I ./C17Jr1. t u: Irby u u: nds f c:
s :t'.:.iin :r :rd cr. :tr ee :nen: c a, rr _pt. •c ..:7 c :....u:,,n, of th I'cear;
:I;1 theft cunaanit• Founds lt;
teat.
B. Pcrmit,r thee! r..3.11 C;)•.• (,t Ca :rhos• C]r r• 1L••
V/;.- fxn suze1 u, y >cv 1 ,;p.l: u.' ;iera. cQ r t _.i: ,:E 1: t. Ot d :It L� ;r o; :elate >Cly of :CClir ;n
!7 3:,
Yrr:nr: r te sh,,;;
It. r, n J l 'l 11 irsv L•- n. .•1.,' err n Cl
Ir furl- a9 .sees.. ,.r l:•1 -,.tl S'r.'_L'f 1tl 71; LJ
i •n :r• r, 1 a1C Jr 't•r i!. acts:
f ,Halt C!•n:.•v: r... ,ell•• r., I
Attachment B
Page 9
N9. of 16 Pages
3 10006484
Car feet o
.;tiny dock
The new
rcial fish
In Llull }llv
f seawall (after -the-
s encompassing
facilities are bein4•
house. In Section 6,
c- -x, Sebestlzr,,
AUK 14 131
I; t• a ra :..u,: r1 :u,a •u
Mi t' 1 3 MP°
RECEIVE rffa3'
c
c
4
11 l•« r.r ..r rCa to r- sw; under thrl `I 1 1.1 w• Ucryrin>..rl! tlut UK
ra::... ul Ii n I'••r ns1l a: U ,ar Idr1 r.1naron: 10 JC..LIN.' .D5- Etr; (11 ti T'IOnJ.. Primitive
l air l.••Y ay. •r n31 10 1 I_ Brannon, 1% tanner taus 1'rimi1 until 1.101 t1: ;;]:uUOn 011411 af.fh;dl I.at Gr..rAm d,
12. TI... f's•n.•tt is 5.1.nlyd urty.1.1 IU III rirllrtl of the WrIC4 and pursuant 1U the
44.1: of 11.•• 1 )I I,: in boatot). I.athirra, fishing arid ogler right: 1or vA.ir;h preposrs the tvGlcn and subrneyw.J 1jntl
.'llrl «urua •'n:
Id by thc'SI..rr:.
13. Theis I'e,n,il does au1 in(lieala rn endur;cm. -nt or appro .'at of any other Dtparimrnl p•nnil /approval thcf
p1�; Lr n•vU.r rt1 fur DIIIC1 aspects of tne total project.
14. T hn I'rrmil dnrs not aulh:,ri,r• t variance iron) or violation of the Water Ouality Standards as specified in
Cl•apler 17.3. r Ja /U Atieninisu alive Corse, Including but not limited to:
17 -3.0'! Minimum Conditions of All Waters: Times and Places;
17-3.05 Water Uba] ity Siandaros; Specifics; and 17 3.08
Criteria: Class II Waters Shellfish Propagation and
Harvesting.
7uriidrtyahall not .excced illy 1501 Jackson Turbsaity Units as related -10. standard candle•turbidimeter
background.
PARTICULAR CONDITIONS:
(1) There shall be no live aboards. 12) A quantity of fuel absorbing
material sufficient to absorb 50 gallons of fuel shall be kept at
Dueling site at all times. (3) Waste generated at the fish house
shall be •carried in a container to an approved sanitary landfill
site for disposal. (4) All fuel lines shall be equipped with cutoff
valves at both ends. (5) Within live years from the issuance of
this permit, the applicant shall obtain a state operating permit
for the marina pursuant to Chapter 403.057., Florida Statutes, from
the St. Johns Rive_ District office in Orlando. (6) No processing
of fish shall be performed over the waters or in the fish house.
Monitoring
Description Frequency Location
Oils b Greases
Quarterly air /water interface
in marina area
DD BOD
Total Coliform Bacteria;
Fecal Col -form Bacteria; Quarterly surface and 25 cm
above bottoms
marina area
THE 'i iiM TT: eY SIGNING LELC't VOLUNTAHILY AL..:EPTS AND AGREES TO THE TERMS ANL)
CONDITIONS COr.TAINFD ISER_Ite AND HEREBY CERTIFIES THAT THE WORK WILL SE PERFORMED IN
.I kICT ACCOHDANCE WITH THE PLANS AND SPECIFICATIONS ATTACHED HERETO AND MADE A
PART HEREOF, ANY VIOLATION OF OR FAILURE TO COMPLY WITH THIS PERMIT WILL SUEJ =CT THE
l'E RMrTTE£ TO LIABILITY FOR DAMAGES CAUSED 70 THE *.t'ATERS OR PROPERTY INCLUDING AN l•
MAL, PLANT AND AOUATIC LiFE OF THE STATE, RESTORATION OF THE WATERS AND PROPERTY TO
THEIR FORMER CONDITION, AND CIVIL PENALTIES IN THE P.MOUNT OF TEN THOUSAND DOLLARS
1S i(1,11:1Di FOR Er.Ci; DAY FOR WHICH THE VIOLATION OCCURS.
Ace-r:7-rd this 7:: .dry cf (IC2",.�._17-'4 10
J J Issued this Zt ay of ?ter,; r lg 7n
P. i. 5 L t rev
rm'it ;e or /'.t. :!•urizerl Ayc I
A J-) n
1: 't'• 1
A
Attachment ;�Sen P•1: isr
Page 10 of 16 l PtU �5 e
SSLL No. Pages
31 0006484 r.
State of Florida Department of Environmental
kcgutalien, Joseph W. Lenders. Jr., Secretary
G. r,. 3.••• :l..
.5
71
i i.FLn r.. D •✓IA'. v ha
■aa .L
.wroat: _r.. ali ....c r.c
.:j.u.1 .w, n.
C i3.it-
444-4 a yr.:i++,w �ti:A.17•�a.,•• 411 -1.1:117•11.,73.
13.: 3
p'c`R
lf
Attachment B
Page 11 of _ice Pages
SSLL No. 310006484
NOV _1 3 1S
:e'er
1.24=1 2 as. a, *AL 0
o,
a•'•‘r
Ey.1.1
C rzLf•
As. ec:
...,,-7..--
Ty et.,
g
1 ci: •%-e• ..r."
1 .r
...LI..
144...AA. A
0 r-'
-et r .T4
Al 2 A ,;,,C
.7 nal r r St c c,•1• •S C
.11
j
V
AZAL2l4A1 PAllAril• poyt k
0 ..Z. 2-07 7 •A 2... ''SEA■An;-(../ 4 n 1 1...2 4
Sre,
0 i. A.:: ..7 l-L) -7- e 1 -'s :1; °":"--.-1':';::;-'••i '''"...):.`-`4-
11-
:.r,
o. 1....77e;,.,...5:.).
1,
Attachment B
Page 12 of 16 Pages
SSLL No. 310006484
tifiV .1 3 1989
r
c
c_
4
z 4-1
1
et
G.
.V
r: 1
Cf.) i.c,• r, fAZ
I j 7 e...• CC
L... 4,0%11 r.•
r
cr...( a,
N tr
sEA.
pE
61: R 4."
rq•
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r
I
Attachment B
Page 13 of 16 Pages
SSLL No. 310006484
CJ
LC
The docking structures located on the public
lands are under lease from the Florida
Board of Trustees of the Internal
Improvement Trust Fund. As a condition of
that lease, the lessee is prohibited from
discriminating on the basis of an individual's
rote, color, religion, sex, national origin,
age, handicap or marital status in the rental
or use of those structures.
Persons denied equal right to rent or use the
docking structures included within
Sovereignty Submerged Lond Lease
Number 310006484
may file a complaint with the:
Department of Environmental Protection
Division of State fonds
3900 Commonwealth Blvd.
Mail Station Number 150
Toflohossee, Florida 32399-3000
Call: (904) 488 -6242
(Investigations)
Attachment C
Page 14 of 16
SSLL No. 310006484
Pages
Los estructuras de muella situodas en las
tierras publicas son sojetos a orrendamiento
de El Consejo de Administrodores del
Fondo Seguro de Mejoramiento Inferno de
la Florida. Como condition de este
orrendamiento, el orrendodor sera prohibido
descriminar por causa de rata, color,
religion, sexo, origen notional, edod,
incapacitation o estodo civil.
Las personas a quieres se les hays negodo
el derecho de igualdod al arrendar o usor
los estructuras de muelle incluidas dentro
de lo Soberania de Tierros Somergidos pars
Arrendamiento Numero 310006484
pueden precentor uno quejo ol:
Deportamento de Proleccibn del Ambiente
Division de Tierras del Estodo
Moil Station Number 150
3900 Commonwealth Blvd.
Ta(lohassee, FL 32399-3000
Uome d: (904)4M-6242
(Investigociones)
1
I
I
I
1
1,.8
jS If 'arra* 33lt'd M.;. J., March
ROBERT L. FLOOD and MARY B. FLOOD, his wife,
L.r:tn.Jlw ..Dud
HENRY J. DABROwSKI and ANNA DABRONSKI, his wife
whe °or1V1,, ..Z.w, 1. c/o Jim Hall and Associates, Post Office
ox palm Bay, Florida, 32905 CoUri tr..nrw=
sir
.i�l.u.w. W 4'l *a oryy
1t rr♦...w�.r
11511 t5$f 1 Thodr tl,• ',utter. for nnJ k ..n.ld.r.ele..,..f tl....uw..J s end .tow
v.L..6L ....l .u... 'w.ipf rl..,.. L wear .c Formby Irani.. 6 vo w ..IL..L.n.. n.
."b... •+L+s... roner�..n cenJl,.... svrh 16 ..or.new..11 Il d ...ruin L J
C..nty. Florida_ etc: su,s.r. h. INDIAN RIVER
:he South 13 feet of Lot 1 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 East
of the center line of Indian River Drive), the point of
beginning; thence Northerly lld' 41' 37•' along the east
right -of -way line of Indian River Drive, a distance of
194.75 feet more or less to a concrete monument marked
X; thence run East 10' North of due East to the high
water line 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'.* subdivision and the high water line of the
Indian River; thence West to the Point of Beginning.
South, 39 Eastart of Lot 1, Section 6, Township 32_
Together with all upland, submerged Sand, 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
tc,n,:•record,7if any.
STATE oa F- OL RIDA-1
DOCUMENTARY r -a STAMP TAX
N
N x•.17/ �y�.(��f•�:�,����� �O i.
FLO21 A
r+ RrL PJ lP7el
A TRU' COPY ",s.
CERTIFICATION ON LAST PAC2
J.K. BARTON, CLERK
Attachment D
Page
t\' 15 of I6 Pages
3 10006484
OOCUMENARY
SUR IAX=
fr i I O
za
ze f n,
v
•1: 5FsP,E059b
A. D. 10 7s Ly
c
C
STATZ
COUNTY OF
officer *My ■e�.a.iaed in the S44 of 1 HY IE CLRTIIY am. ea the dar, -before roe, a.
arewid and 6 tie Ca..y Je.wa:d to tole .ekaa,bdn,.e„V personally
ROSZRT L FLOOD and ??..RY B. FLOOD
w e.e
/seem w 4 orb. rerw r his, x...
before ore &at d de.e+�ad L wd .i..aee.rd the Iv.re.irr ineewneae and they ade,..1,d
L11e}•ORti e!e ..a
MTmss w hard and andel eel 6 de C...y sled Sum Lee aloree.lef a1C.
d
T or r, ..r,h .11 rf..
w6w .pt.. d .t.n.,.e,r. IA..rre A.bnpenp' In •n7-
T o Exit and to Rohl (A. ,.n„ /.I r•••••'.
In d a lA.( rlv LW •ertome.nla .rah sold Owen. tA.f t pent.. I. L a e.fsd
reefer p..n1a. LW O..d HpTe1 .,.d L.,4r1 reelko ty 1. »!7 .,.d 7 IL doe
.Y nree &7 /�7 ww...nr. IA. tar r. l.,. fond ..d wag d./:nd some °e7 e L look ILO r
+A••..ae tA.r ..Id d t. /re, a t( ro.t 16. •Ing s a e of
1. D.e...b.. 3f. 10 77 •^N�*A+.r.ea :avyel lu►..rce+vfnp wA.«y.n(
DAT;
1!1 f tntSS h
z IA. mete! I
/bet atom w.tlt.1%
L grantor Iw..fpned and reeled d.., preterit. !Ae d. .wd 7p
Sri —r
aiVeot
,I A. D. 1! 7S
l41:i l.iEt l4.. 1+.41. Of 1 .11.•
on. MI. 1 17
a•.nt n. a a...++1 Co.
The lRmv„ 47°1 THomAS E. SHINE
Adder Attorney et law
P-c' Office Box 1293
M ^r•;pir•>`r. z or 'a 3•945
Attachment D
Page 16 of 16 Pages
SSLL No. 310006484
STATE-CF FLORIDA
INDIAN ,,E4
i l I j TO r:;- I F Y H 4 7 r
C.C;RECT COP
C.'�1; y Y oik `L
C-N FILE IN
'x. 6 AR I DN. CLER;c
oR05b4P,ir,E05g1
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF STATE LANDS
BUREAU OF LAND MANAGEMENT SERVICES
DEL OF AUTHORITY ACTION
LEASE NO. 310006484
DELEGATION OF AUTHORITY NO. DSL -43
ACTION TAKEN: Renewal of existing lease (5 years).
LESSEE: Henry J. Dabrowski and Anna Dabrowski
COUNTY: Indian River
CONSIDERATION: Applicable annual lease fees.
STAFF REMARKS: Survey approved October 19, 1989.
Fees are current.
Site inspection 0ctober 19, 1994 in full compliance.
Lease was originally approved August 15, 1984.
Review Routing
1. Originator
2. Planning Manager
3. Legal
4. Environmental Admin.
5. Bureau Chief
6. Deputy Director
7. Other
Approved �By: _j
Signature Date
c)(-1 lz`i
f
to 94
of;c'n
tru
sters of At mud Aotproormeut Atutit
KM 48 .'&3J
°mom. RECORD of At State of Noritta
'Oise •-si
DEED NO 21893 (8-3i
KNOW ALL MEN BY THESE PRESENTS'
prove:neat Fund of the State of Florida, under au
OntRundredTmenty and 00/100
DOLLARS. to them in hand paid by Clla rIc$ R
of the County
Indian River
bargained and add. and do by these presents grant,
Beesley and Robert E. Beesley
following described lands, to-wit:
That the undersigned, the Trustees of the Intoned Im
the rity of law, for and In consideration of the suns of
ieetiley_ and itczb_gc_t__JLiluzle
Sttte have granted,
44;44 sell and convey: unto th B ed_ CLarl_es
.._and_thei..F_____beint and waives, the
A parcel of submerged land in the Indian River in Section 31,
Township 30 South, Range 39 E8.814 Indian River County, more
particularly described as follows;
From the point of intersection of the south line of Government
Lot 2 of said Section 31 and tae Fleming Grant Line run North
89° 40' 50" East alon5 the said south line of Government Lot
2, a distance of 787.05 feet, more or less, to the mean high
water mark on the west bank of tht Indian River for the F.O.B.;
thence North 70* 45' East a diatance of 145.0 feet; thence
N orth 19 15' West, a distance of 165.0 feet; thence South
70° 45' West, a distance of 135.0 feet, more or less, to the
mean high water mark of the Indian River; thence southeasterly
along said mean high water marl: a :distance of 165.0 feet,
more or less, to the F.O.B.,
0.53
conftiweg
_acres, snore or lees, and lying
and being in the County of In aan Rkter In said State of Florida.
TO HAVE AND TO HOLD the above granted end described premises forever.
SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the Stet.
of Florida, and their succentors, title to an undivided three-fourthe of all phosphate, minerals and metals
and tide to an undivided one-half of alI petroleum that navy be in, on or under the above deecnlaed lend
with the privilege to mine and develop the same.
OTHER RESERVATIONS: None
IN TESTIMONY WHEREOF, the said Truste. have hereunto subscribed their names and eased
FLORIDA to be hereunto affixed, at the Capitol, in Ors aty of Tallahassee, on this the__5_q_ of
September A. D. Nineteen Hundred VI :71
.."their seal and have caused the seal of THE DEPARTMENT OF AGRICULTURE OF THE STATE OF
I. I. FUND
S.SEA.L
DEPAI4MENT OF AGRICL'LTURE
Gr%
Attoreer Comma
(SEAL)
(SEAL)-
(SEAL)
(SEAL)
As
TRUSTEES OF T1TE I -fis 6 MEM
F UND AR STATE RUM
'f•49
CHAIN SHEET
Fund File Number: 32- 2009 -1046
Provided For: Brinkley Morgan Solomon Tatum Agent's File Reference: 014151 -09001
Effective Dates: From September 17, 1953 at 11:00 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 page(s) affecting the above described property have been recorded among
the Official 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 certificate and does not alleviate the
necessity of an examination of the complete instruments or court proceedings indexer.
A 20 year name search has been performed on parties acquiring an interest within the time period
covered by this search. Parties acquiring interests prior to the beginning date 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 filed
with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq.,
F.S., respectively, which designate the Florida Department of State as the place for filing federal liens
and judgment liens against personal property. For insuring purposes:
(a) Pursuant to Sec. 713.901, et seq., F.S., personal property 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 partnership, corporation,
trust or decedent's estate; and
(b) Pursuant to Sec. 55.201, et seq., F.S., personal property 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 have
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 clay of December, 2009. Attorneys' Title Fund Services, LLC
Prepared by: Frances D. Bold, Senior Examiner
Phone Number: 1-800-637-0767 ext. 5213
Page 1 of 3
Rev. 07/09
Fund File Number:
1. Book and Page:
First Party:
Second Party:
2. Book and Page:
First Party:
Second Party:
3. Book and Page:
First Party:
Second Party:
4. Book and Page:
First Party:
Second Party:
5. Book and Page:
First Party:
Second Party:
6. Book and Page:
First Party:
Second Party:
7. Book and Page:
First Party:
Second Party:
8. Book and Page:
First Party:
Second Party:
9. Book and Page:
First Party:
Second Party:
10. Book and Page:
First Parry:
Second Party:
CHAIN SHEET
32 -2009 -1046
OR 48/502 TOl: Deed DOF: 09/17/1953
Trustees of the Internal Improvement Fund of the State of Florida
Charles R. Beesley and Robert E. Beesley
OR 274/246
Robert E. Beesley
John C. Palmer
TOL WD
OR 332/48 TOI: WD
John C. Palmer and Elizabeth T. Palmer
Inlet Bay Seafood, Inc.
OR 492/280 TOl: QCD
Robert E. Beesley
Charles A. Veltman and Mary Veltman
OR 492/282 TOL• QCD
Inlet Bay Seafood, Inc.
Charles A. Veltman and Mary Veltman
OR 492/283 TOl: QCD
Charles A. Veltman and Mary Veltman
Inlet Bay Seafood, Inc.
OR 673/1835 TOI: WD
Inlet Bay Seafood, Inc.
Sebastian Harbour, LTD.
OR 2018/754 TOl: WD
Sebastian Harbour, LTD.
Sebastian Development Company, LLC, and Thomas Truong
OR 2243/268 TOI: CT
Advanced Electrical Systems, Inc.
OR 2306/2467 TOl CT
Sebastian Harbour, LTD. and Dancu Holding, Inc.
Page 2 of 3
DOF: 01/09/1968
DOF: 10/31/1969
DOF: 06/06/1975
DOF: 06/06/1975
DOF: 06/0611975
DOF: 10/28/1983
DOF: 04/10/2006
DOF: 02/19/2008
DOF: 12/04/2008
Fund File Number: 32 -2009 -1046
CHAIN SHEET
EXHIBIT A
FROM A POINT OF BEGINNING AT THE INTERSECTION 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 -OF -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 70 °45' EAST A DISTANCE OF 132.03 FEET TO THE
ESTABLISHED BULKHEAD LINE; THENCE RUN SOUTH 25 °22' EAST ALONG SAID
BULKHEAD LINE A DISTANCE OF 66.43 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
Florida Exotic Pest Plant Council's
2009 List of Invasive Plant Species
Purpose of the List: To focus attention on
the adverse effects exotic pest plants have on Florida's biodiversity and plant communities,
the habitat losses from exotic pest plant infestations,
the impacts on endangered species via habitat loss and alteration,
the need to prevent habitat losses through pest -plant management,
the socio economic impacts of these plants (e.g., increased wildfires in certain areas),
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
or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range
of the problem, but on the documented ecological damage caused.
Scientific Name
Abets precatorius
Acacia auriculiformis
Albizia julibrissin
Albizia lebbech
Ardisia crenata (A. crenulata misapplied)
Ardisia elliptica (A. humilis misapplied)
Asparagus aethiopicus (A. sprengeri;
A. densi/lorus misapplied)
Bauhinia vaiegata
Bischofia javanica
Calophyllum antillanum
(C. calaba and C. inophyllurn misapplied)
Casuarina equisetifolia
Casuarina glauca
Cinnamomum camphora
Colocasia esculenta
Colubrina asiatica
Cupaniopsis anacardioides
Dioscorea alata
Dioscorea bulbifera
Eichhornia crassipes
Eugenia uni/lora
Ficus microcarpa (E nitida and
E retusa var. nitida misapplied)'
Hydrilla verticillata
Hygrophila polysperrna
Hymenachne amplexicaulis
Imperata cylindrica (I. brasiliensis misapplied)
Ipomoea aquatica
Jasminum dichotomum
Jasminum flwninensc
Lantana camara L. strigocamara)
Ligustrum lucidum
Ligustrum sinense
Lonicera japonica
Ludwigia peruviana
Luziola subintegra
Lygodium. japonicum
Lygodium rnicrophyllum
Common Name
rosary pea
earleaf acacia
mimosa, silk tree
woman's tongue
coral ardisia
shoebutton ardisia
asparagus -fern
orchid tree
bishopwood
santa maria (names "mast wood,"
"Alexandrian laurel" used in cultivation)
Australian -pine, beach sheoak
suckering Australian -pine, gray sheoak
camphor tree
wild taro
lather leaf
carrotwood
winged yam
air potato
water- hyacinth
Surinam cherry
laurel fig
hydrilla
green hygro
West Indian marsh grass
cogon grass
water- spinach
Gold Coast jasmine
Brazilian jasmine
lantana, shrub verbena
glossy privet
Chinese privet, hedge privet
Japanese honeysuckle
Peruvian primrosewillow
Tropical American water grass
Japanese climbing fern
Old World climbing fern
'Does not include Ficus microcarpa subsp, fuyuensis, which is sold as "Green Island Ficus"
FLEPPC 2009 List of Invasive Plant Species Fall 2009
FLEPPC
Cat.
1
I N
I N
I N
Gov.
List
N
P, N
P,N
N
N
N
N
P
P,U
P, U
N, U
P,U
Reg.
Dist.
C, S
C, S
N, C
C, 5
N, C, 5
C, S
N, C, S
C, 5
C, 5
5
N, C,
C, 5
N, C, 5
N, C, S
5
C, 5
N, C, 5
N, C, 5
N, C, 5
c, 5
C, 5
N, C, 5
N, C, 5
C, 5
N, C, S
C
C, 5
C, 5
N, C, S
N, C
N, C,
N, C, 5
N, C, S
5
N, C,
C, 5
FLEPPC List
Definitions:
Exotic a species introduced
to Honda, purposefully or acci-
dentally, from a natural range
outside of Honda.
Native a species whose
natural range includes Florida.
Naturalized exotic an exotic
that sustains itself outside cul-
tivation (it is still exotic; it has
not "become" native)
Invasive exotic an exotic that
not only has naturalized, but is
expanding on its own in Florida
native plant communities.
Abbreviations:
Government List (Gov. List).
P Prohibited aquatic plant
by the Florida Department of
Agriculture and Consumer
Services;
N Noxious weed listed by
Florida Department of Agricul-
ture Consumer Services;
U Noxious weed listed by
U.S. Department of Agriculture.
Regional Distribution (Reg, Dist
N north, C central,
S south, referring to each
species' current distribution in
general regions of Florida (not
its potential range in the state).
Please refer to the map below.
north
central
r.
south
is lacusfris, moved from
to Category ,1
l right's tiutrush {Selena tacustris)
an annual tropical sedge that was
t collected in Florida in 1998, in
lorida, its distribution extends to
more than 20 distinct natural areas
in eight counties within four major
drainage regions trite central and
southern peninsula. its unique growth
habit obscures open water and
drastically alters the naturally sparse
and upright structure of preexisting
native vegetation. Such domination
may even displace native prey for
t he endangered Florida snail kite, a
ht feeder inttabithng many locations
invasive colonization occurs.
Changes to
e 2009 List:
viola subintegra, added to fist as
Category 1
lip te subiritegre (rice grass) was
discovered in hake Okeechobee
by Mike aodie in 2007. This aquatic
grass is spreading in the lake. it
grows in water 24 m deep, spreads
vegetatively and by seed, and
aggressively outcompetes other
native and exotic species. To date,
.000 acres have been treated,
mpkoides cristata, moved from
'ga ly ii to Category 1
ke (Nymphoides cristata)
n aquatic that became
entatic in southwest Florida in
990s, It is now an abundant
in canals and ponds in
Florida, and has spread
he peninsula where it has
anted in seven counties,
from Ctsiiier to St, Johns. It has
colonized the Big Cypress national
Preserve where it is invading several
strand swamps along Tam3ami. Trail,
presumably introduced by fisherman
east nets infested from waters
outside of the preserve.
Salvinia minima, added to list as
Category 1
Water spangles {Saluiniaminima
Iliki in Florida in 1928,
ed a cryptic species during
a period when opinions differed on
its status as native or introduced
in Florida, In 2001, a study of early
herbarium voider data revealed the
frttrvductirsn points and systematic
roe orating fern Tito
Florida. S minima
pates more nutritive native
is
by overtopping their
Which float fiat upon
Scientific Name
Macfadyena u nguis -cati
Maniihara zapota
Melaleuca qui nquenervia
Melinis repens Rhynchelytrum repens)
Mimosa pigra
Nandinct domestica
Nephrolepis cordifolia
Nephrolepis brownii N. multiflora)
Neyraudia reynaudiana
Nymphoides cristata
Paederia cruddasiana
Paederia foetida
Panicum repens
Pennfseturn purpureum
Pistia stratiotes
Psidium cattleianum P latorale)
Psidium guajava
Pueratia montana var. lobata P lobata)
Rhodomyrtus tomentosa
Rhynchelytrum repens (See Melinis repens)
Ruellia brittoniana
(R. tweediana misapplied)
Salvinia minima
Sapium sebiferum Triadica sebifera)
Scaevolataccada
Scaevola sericea, S. frulescens)
Schr f fiera actinophylla
Brassaia actinophylla)
Schinus terebinthifolius
Scleria lacustris
Senna pendula var. glabrata
Cassia coluteoides)
Solanum tampicense S. houstonii)
Solanum viarurn
Syngonium. podophyllum.
Syzygium cumini
Tectaria incisa
Thespesia populnea
Tradescantia fluminensis
Urochloct niutica Brachiaria mutica)
Scientific Name
Adenanthera pavonina
Agave sisalana
Aleurites fordii Vernicict fordii)
Alstonia macrophylla
Alternanthera philoxeroides
Antigonon leptopus
Aristolochia littoralis
Asystasia gangetica
Common Name
cat's claw vine
sapodilla
melaleuca, paper bark
Natal grass
catclaw mimosa
nandina, heavenly bamboo
sword fern
Asian sword [ern
Burma reed, cane grass
snowflake
sewer vine, onion vine
skunk vine
torpedo grass
Napier grass
water- lettuce
strawberry guava
guava
kudzu
downy rose myrtle
Mexican petunia
water spangles
popcorn tree, Chinese tallow tree
scaevola, half flower, beach naupaka
schef[lera, Queensland umbrella tree
Brazilian pepper
Wright's nutrush
climbing cassia, Christmas cassia,
Christmas senna
wetland nightshade, aquatic soda apple
tropical soda apple
arrowhead vine
jambolan plum, Java plum
incised halberd fern
seaside mahoe
small -leaf spiderwort
Para grass
Common Name
reel sandalwood
sisal hemp
tung oil tree
devil tree
alligator weed
coral vine
calico flower
Ganges primrose
FLEPPC 2009 List of Invasive Plant Species Fall 2009
FLEPPC Gov. Reg.
Cat. List Dist.
FLEPPC
Cat.
11
I1
II
lI
II
II
II
II
I N,C,S
I S
I P,N,U C,5
I N,C,S
I P,N,U C,S
N, C
I N,C,S
I C,S
I N 5
C, S
I N S
1 N N,C,S
I N,C,S
I N, C, S
I P N, C, S
C, 5
c, s
I N N,C,S
I N C, S
I N,C,S
I N,C,S
I N N, C, S
l N C, S
C, S
1 RN N,C,S
C,S
1 C,S
N, U C, S
1 N,U N,C,S
I N,C,S
I C, S
I 5
C, 5
I N, C
I C,S
CATEGORY H
Invasive 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 become ranked Category 1, if ecological damage is demonstrated.
Gov. Reg.
List Dist
S
C, S
N, C
5
N,C,S
N, C, 5
N, C, 5
C, 5
'The Plant List Committee is uncertain as to the correct name for this species. Plants cultivated in Florida, all representing the same invasive species,
have in the past been referred to as Ruellia brittoniana, R. tweediana, R. caerulea, and R. simplex.
Scientific Name
Begonia cucullata
Blechum pyramidatum
Broussonetia papyrifera
Callisia fragrans
Callistemon viminalis
Casuarina cunninghamiana
Cecropia palmata
Cestrum diurnum
Chamaedorea seifriz
Clematis (crniflora
Ciyptostegia madagascariensis
Cyperus involucratus
(C. alternifolius misapplied)
Cyperus profiler
Dactyloctenium aegyptium
Dalbergia sissoo
Elaeagnus umbeilata
Elaeagnus pungens
Epipremnum pinnatum cv. Aureum
Ficus altissima
Flacourtia indica
Hemarthria altissima
Hibiscus tiliaceus (See Talipariti tiliaceum)
Hyparrhenia rufa
Ipomoea carnea ssp. fistulosa L fistulosa)
Jasminum sambac
Kalanchoe pinnata
Leucaenaleucocephala
Landoltia punctata Spirodela punctata)
Limnophila sessil flora
Livistona chinensis
Melia azedarach
Melinis minutiflora
Merremia tuberosa
Murraya paniculata
Myr spicatum
Panicum maximum Urochloa maxima,
Megathyrsus rnaximus)
Passiflora b flora
Pennisetum setaceum
Phoenix reclinata
Phyllostachys aurea
Pittosporum pentandrum
Pteris vittata
Ricinus communis
Rotala rotundifolia
Sansevieria hyacinthofdes
Sesbania punicea
Solanum diphyllum
Solanum jarnaicense
Solanum torvum
Common Name
wax begonia
green shrimp plant, Browne's blechum
paper mulberry
inch plant, spironema
bottlebrush, weeping bottlebrush
river sheoak, Australian -pine
trumpet tree
day jessamine
bamboo palm
Japanese clematis
rubber vine
umbrella plant
dwarf papyrus
Durban crowfootgrass
Indian rosewood, sissoo
silverberry, autumn olive
silverthorn, thorny olive
pothos
false banyan, council tree
governor's plum
limpo grass
jaragua
shrub morning -glory
Arabian jasmine
life plant
Koelreuteria elegans ssp. formosana flamegold tree
K. forrnosana; K. paniculata misapplied)
lead tree
Spotted duckweed
Asian marshweed
Chinese fan palm
Chinaberry
Molassesgrass
wood -rose
orange jessamine
Eurasian water- rnilfoil
Guinea grass
two- flowered passion vine
green fountain grass
Senegal date palm
golden bamboo
Philippine pittosporum, Taiwanese cheesewood II
Chinese brake fern
Ptychosperrna elegans solitaire palm
Rhoeo spathacea (see Tradescantia spathacea)
castor bean
roundleaf toothcup, dwarf Rotala
bowstring hemp
purple sesban, ratilebox
two -leaf nightshade
Jamaica nightshade
susumber, turkey berry
FLEPPC 2009 List of Invasive Plant Species Fall 2009
FLEPPC Gov. Reg.
Cat. List Dist.
11 N,C,S
II N,C,S
11 N,C,S
11 C,S
1I 5
1I P C, S
11 S
II C,S
II S
11 N, C
II C, S
11 C, S
II C, S
11 N,C,S
II C, S
11 N
lI N,C
II C, S
lI 5
11 5
11 C, S
II N,C,S
II P C,S
11 5
11 C,S
11 C, S
I1 N N, C, S
II N,C,S
II P,U N,C,S
lI C, S
II N, C, S
II C,S
II 5
lI 5
II P N, C, S
II N,C,S
II S
11 5
11 C,S
11 N,C
5
II N,C,S
II 5
tI N, C, S
II 5
II C, S
11 N,C,S
II N,C,S
II C
II N,U N,C,S
Callistemon viminatis, added to list as
Category 11
Bottlebrush (Cali/sterner viminalis a
landscape tree, is now invading
undisturbed short hydroperiod wetland
communities in Miami -Dade, Collier,
and Martin Counties, including those
in Big Cypress National Preserve and
Everglades National Park.
Oactyloctenium aegyptiunr, added to
list as Category 1I.
Durban crowfootgrass {Dactyloctenium
aegyptium) is an annual grass that is
a widely distributed weed throughout
the southeastern US. In Florida, this
species has been documented in 54
counties. While it is primarily a weed
of disturbed areas, it also invades
beach dune communities in southern
Florida, including those located within
Everglades and Dry Tortugas National
Parks. Dense growth of this species
interferes with ground nesting birds; in
Dry Tortugas and competes with state
and federally listed plant species on
ainland.
Elaeagnus umhellati
Category Ii
Autumn- olive (Elaeagnus umbellate)
is an aggressive shrub capable of
replacing entire native ecosystems,
which it has done in numerous locations
n other states. There are three known
native locations in the eastern Florida
panhandle; two are local escapes
orn cultivation. The third is a mixture
mature upland sand hill and pine
corranurrities where a wildlife planting
has escaped. The entire 2,081 acre site
infested. The infestation ranges from
1r� 0% (12.5 acres to 50% (4.9.5 acre
to 25% (38.3 acres), to 1 Q% or fess
(1,683.4 acres
Hyparrhenia tufa, added to li
fry
Jam gua (Hyparrhenia rufa) is an mu
grass that is known from 14 Florida
counties. In Miami -Dada County it
has been found in intact habitat in
least 12 pine rockland fragments,
outcompeting native plant species.
ndoltia punctata, added to list as
ategory ll
Spatted duckweed (Landoltia pa:i ta)
is a small floating aquatic plant that is
ative to Australia and Southeast Asia.
ince it was first found in Missouri in
1930s, it has spread to 2.2 states
and been documented in 36 Florida
counties. It invades a wide range
undisturbed aquatic habitats and
ernpetes native species.
yzygium jambes, formerly Category II,
removed from last
The Committee has not been able
to locate data showing this species
behaves as a Category if invasive.
added to fist a
Use of the
FLEPPC List
FPPC encourages use of the
asive Species List for prioritiz-
ing and implementing manage-
ment efforts in natural areas, for
educating lay audiences about
environmental issues, and for
supporting voluntary invasive
plant removal programs. When a
non- native plant species is to be
restricted in some way by law,
FLEPPC encourages use of the
List as a first step in identifying
species worth considering for
particular types of restriction.
For more information on using
he FLEPPC List of Invasive Plant
Species, see Wildland Weeds
Summer issue (Vol. 5, No.
3), pp. 16-17, or http: /www.
ppc.E3 /19$t/l1.st,ht�i7
NOTE: Not all exo
rots brought into Florida
come pest plants in natural ar-
The FLEPPC List of Invasive
Species represents only
about 10% of the nearly 1,400
exotic species that have been
introduced into Florida and have
subsequently established outside
of cultivation. Most escaped
otes usually present only mi-
nor problems in highly disturbed
areas (such as roadsides). And
re are other exotics cultivated
in Florida that are "well-
hayed" that is, they don't
escape cultivation at all.
Scientific Name
Sphagneticola trilobata Wedelia trilobata)
Stachytarpheta cayennensis S. urtic folia)
Syagrus romanzoffiana
Arecastrurn romanzoffiartum)
Talipariti tiliaceum Hibiscus tiliaceus)
Terminalia catappa
Terminalia muelleri
Tradescantia spathacea
Rhoeo spathacea, Rhoeo discolor)
Tribulus cistoides
Urena lobata
Vitex trifolia
Washingtonia robusta
Wedelia (see Sphagneticola above)
Wisteria sinensis
Xanthosoma sagittifolium
Common Name
wedelia
nettle -leaf porterweed
queen palm
mahoe, sea hibiscus
tropical- almond
Australian almond
oyster plant
puncture vine, burr -nut
Caesar's weed
simple -leaf chaste tree
Washington fan palm
Chinese wisteria
malanga, elephant ear
FLEPPC 2009 List of Invasive Plant Species Fall 2009
FLEPPC Gov.
Cat. List
Il
I1
lI
I1
II
II
II
II
11
II
lI
II
II
Reg.
Dist.
N, C,
5
c, s
C, S
c, s
C, 5
5
N, C, S
N, C, 5
C, 5
C, S
N, C
N, C, 5
Citation example:
FLEPPC. 2009. List of Invasive Plant Species. Florida Exotic Pest Plant Council. Internet: http /www.fleppc.org/list/list.
him or Wildland Weeds Vol. 12(4): 13 -16. Fall 2009.
The 2009 list was prepared by the FLEPPC Plant List Committee:
Keith A. Bradley Chair (2006 present), The Institute for Regional Conservation, 22601 SW 152nd Ave., Miami, FL 33170,
(305) 247 -6547, bradley @regionalconservation.org
Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.O. Box 1052, Islamorada, FL 33036
(305) 664 -8455, Janicc. Duqucsnct @dep.statc. fLus
David W. Hall, Private Consulting Botanist, 3666 NW 13" Place, Gainesville, FL 32605, (352) 375 -1370
Roger L. Hammer, Miami -Dade Parks Department, Castellow Hammock Nature Center, 22301 S.W. 162' Ave., Miami, FL 33030,
kaskazi 44 @comcas t. net
Patricia L. Howell, Broward County Parks, Environmental Section, 950 NW 38" St., Oakland Park, FL 33309,
(954) 357 -8137, phowell @broward.org
Colette C. Jacono, Department of Agronomy, Center for Aquatic Invasive Plants, IFAS, University of Florida, 7922 NW 71" St.,
Gainesville, FL 32653, (352) 392 -6894, colettej@ufLedu
Kenneth A. Langeland, Center for Aquatic and Invasive Plants, IFAS, University of Florida, 7922 NW 71" St., Gainesville, FL 32606,
(352) 392 -9614, gator8 @u0l.edu
Chris Lockhart, Florida Natural Areas Inventory, c/o P.O. Box 243116, Boynton Beach, FL 33424 -3116, (850) 509 -6482,
clockhart @fnai.org
Gil Nelson, Gil Nelson Associates, 157 Leonard's Dr., Thomasville, GA 31792, gil @gilnelson.com
Robert W Pemberton, Invasive Plants Research Lab, U.S. Dept. of Agriculture, 3225 College Ave., Ft. Lauderdale, FL 33312,
Robert.Pemberton@ars.usda.gov
Jimi L. Sadie, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034, (305) 242 -7806, Jimi_Sadle @nps.gov
Robert W. Simons, 1122 SW 11ih Ave., Gainesville, FL 32601 -7816
Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Alachua County Environmental Protection Dept.,
201 5E 2' Ave., Suite 201, Gainesville, Florida 32601, (352) 264 -6803, smvardaman @alachuacounry.us
Daniel B. Ward, Department of Botany, University of Florida, 220 Bartram Hall, Gainesville, FL 32611
Richard P. Wunderlin, Institute for Systematic Botany, Dept. of Biological Sciences, University of South Florida, Tampa, FL 33620,
(813) 974 -2359, rwunder @cas.usf.edu
FLEPPC Database The Florida Exotic Pest Plant Database contains over 75,000 sight records of infestations of FLEPPC
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 infestations in regularly disturbed public
lands such as highways or utility rights -of -way. Natural area managers and other veteran observers of Florida's natural
landscapes submit these records, with many supported further by voucher specimens housed in local or regional herbaria
for future reference and verification. New and updated observations can be submitted online at 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.plantatlas.usf.edu, the Florida Natural Areas Inventory database at www.fnai.org, and The Institute for
Regional Conservation Floristic Inventory of South Florida database at www.regionalconservation.org,
provides important basic supporting information for the FLEPPC List of Invasive Plant Species.
Images and /or distributional data of FLEPPC listed species may be found at one or more of the following websites:
University of South Florida Atlas of Florida Vascular Plants, www.plantatlas.usf.edu; the University of Florida Herbarium
collection catalog, http:// www .flmnh.ufl.edu/herbarium/cat/, and image gallery, http:// www.flmnh.ull.edu/herbarium/cad
imagesearch.asp; at Fairchild Tropical Botanic Garden's Virtual Herbarium, www. virtualherbarium .org/vhportal.html,
The Robert K. Godfrey Herbarium at Florida State University, http: herbarium .bio.fsu.edu /index.php; the University of
Florida's IFAS Center for Aquatic and Invasive Plants, http: /plants.ifas.uIl.edu, and the USDA PLANTS database, http:
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 list, see related links and pages at www.fleppc.org.
HOME OF PELICAN ISLAND
tSe a: CitRol Sebestlan &'W. 2I 8.
Note flat MI Hipp 9 lorg•opap*al reference caly. Actual date mist be field verified by City staff
FUTURE LAND USE MAP 2025
CONSERVATION, COMMERCIAL LIMITED CRA BOUNDARY
AGRICULTURE (Max. 5 du /5acces) Inv COMMERCIAL GENERAL t CITY BOUNDARY
VERY LOW DENSITY RESIDENTIAL (Max. 3 du /ac) COMMERCIAL 512 r -i COASTAL HIGH HAZARD AREAS
LOW DENSITY RESIDENTIAL (Max. 5 du /ac) RIVERFRONT MIXED USE WATER
MOBILE HOME (Max. 5 <x/ac) Ell INDUSTRIAL
MEDIUM DENSITY RESIDENTIAL (Max. 8 du /ac) INSTITUTIONAL
0 1,500 3,000
IL LAND DESIGN INNOVATIONS
6,000
Tf0 North Orlando Avenue
Svr€e 295
)/inter Perk. Florido 32789'
Feet
LEASE BETWEEN THE CITY OF SEBASTIAN AND THE FISHERMEN'S LANDING
SEBASTIAN, INC.
A LEASE made this day of 2010, between the CITY OF SEBASTIAN,
FLORIDA, a municipal corporation, having its principal office at 1225 Main Street, Sebastian,
Florida 32958 herein after referred to as the "LESSOR" and FISHERMEN'S LANDING
SEBASTIAN, INC., a non profit corporation organized and existing under the laws of the State of
Florida whose address is 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 purposes 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 including 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 lands lease #310006484; 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, 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, the property will be subject to a Declaration of Restrictive Covenants and a
management plan pursuant to the requirements of the Stan Mayfield Working Waterfront Grant;
and,
WHEREAS, LESSOR desires to lease such property to LESSEE for the purpose described
herein.
NOW THEREFORE, in consideration of the foregoing and in further consideration of the mutual
covenants contained herein the parties agree as follows:
1. PREMISES. LESSOR hereby leases unto LESSEE the Leased Premises located at 1540
Indian River Drive and 1532 Indian River Drive, legally described in Exhibit "B" attached hereto
and incorporated herein. A location map is attached hereto as Exhibit "C Parking spaces are
shown on Exhibit "D
2. PURPOSE. The LESSEE shall use the Leased Premises solely and exclusively for providing
its members a commercial fishing dock, fish off loading fish packing facility, aquaculture,
fundraising, special events and other uses that may support the commercial fishing industry as
described herein.
3. SUBMERGED LAND LEASE. The parties acknowledge the existence of Sovereign
Submerged Land Lease #310006484. 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. LESSEE shall pay all initial, annual and renewal fees
associated with such permit.
LESSEE acknowledges the restrictions, requirements and regulations contained in the
Submerged Land Lease #310006484 and agrees to use the Leased Premises in accordance with
such lease provisions and directives provided by the Temporary Use Agreement.
Any default, breach or noncompliance issues shall be the sole responsibility of the LESSEE.
4. TERM AND OPTION TO RENEW. LESSOR leases to the LESSEE the above premises for a
term of ten (10) years, commencing on and terminating on
with an option for an additional ten years if LESSEE exercises this option
in writing, within one hundred and eighty days (180) of the expiration date of this Lease and upon
the condition that LESSEE is not in breach of this Lease at the time of exercise. LESSOR and
LESSEE shall negotiate in good faith to develop terms for a new lease. If the parties cannot
agree upon the terms of a new lease for the option period, this Lease shall expire in conformity
with its terms.
5. RENT. LESSEE shall pay a base rent of $1,000 per month or two cents ($0.02) per pound of
fish and $2.50 per bushel of shellfish product transferred from the docks located at 1532 Indian
River Drive through the facility per month, which ever is greater, to the LESSOR. Payment shall
be made on the first day of each month for the preceding month.
6. RENT CREDITS. As LESSEE makes improvements specified in Sections 8.A and 8.B of this
Agreement, all costs for such improvements will be credited against the rent, once these costs
have been approved by the LESSOR.
7. POTENTIAL REVENUE. It is anticipated that the Premises may generate revenue via the
rental of commercial boat slips; upland subleases, the operation of aquaculture equipment, visitor
general admission, and lease space to businesses supporting the commercial fishing industry.
LESSEE shalt establish, impose control and collect all such revenues. LESSEE shall use such
revenues in order to finance capital improvements, pay general working waterfront operation
expenses and to advance the LESSEE mission, as enumerated in its By -Laws and Articles of
Incorporation.
8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as is The LESSEE
agrees as follows:
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.
LESSOR acknowledges the existing conditions at 1540 Indian River Drive and will make
the following capital improvements in order to entice ancillary waterfront business:
(1) Repair Air Conditioner;
(2) Termite and Pest Remediation;
(3) Roof Repair;
(4) Remove Existing Kitchen Equipment;
(5) Interior and Exterior Painting (wall remediation);
(6) Install Landscape Materials;
(7) Electrical; and,
(8) Exterior Restroom Entry.
(1) Ice Depot;
Enterprises that may be located in 1540 Indian River
fishing operations and may include:
Drive will support commercial
(2) Fish Market, with limited seating for food and beverage service;
(3) Hosting of community events and demonstrations educating and celebrating the
contributions, history and heritage, of Sebastian's commercial fishing industry;
(4) Smoke House and Seafood Operations; and,
(5) Other ancillary business /activities as approved by the LESSOR and the Florida
Communities Trust.
C. 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.
D. 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.
E. 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.
F. 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 become owner of all structures, fixtures and improvements. LESSEE agrees to
execute bills of sale, documents of conveyance and assignments of warranties upon
request.
9. OPERATIONAL ADHERENCE. In addition to the duties provided in this Lease Agreement,
LESSEE shall comply with all requirements of the Stan Mayfield Working Waterfront Grant
Agreement signed by the LESSOR on attached hereto as Exhibit "E and
any State approved Management Plan and deed restrictions created pursuant to that grant
agreement.
10. BUILDING, UTILITIES, MAINTENANCE AND REPAIRS.
A. The LESSEE shall be solely responsible for the cost of installation, connection and usage
of water, sewer, electric, telephone, cable, solid waste, and information technology
services to the Leased Premises throughout the term of this Lease
B. 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 (including but not limited to necessary
replacements) to keep it in good condition. LESSEE'S sole right of recovery shall be
against it's 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 a good
state of repair. LESSEE shall also keep the Leased Premises free of trash and debris.
C. 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
services.
11. INSURANCE, INDEMNIFICATION AND DAMAGE BY CASUALTY.
A. LESSOR shall procure and maintain, during the term of this Lease, public liability 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. Except as provided in subparagraph 11.0 below, LESSOR shall
annually bill and LESSEE shall reimburse these insurance costs.
B. LESSOR shall procure and maintain, during the term of this Lease, fire and other
casualty insurance in amounts as determined by the LESSOR. Except as provided in
subparagraph 11.0 below, LESSOR shall annually bill and LESSEE shall reimburse
these insurance costs.
C. LESSOR shall pay the insurance premiums for the insurance described in subparagraphs
11.A and 11.B for the first year.
D. In the event LESSEE has paid employees, LESSEE agrees to take out 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
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.
E. LESSOR shall not be liable for any loss, injury, death or damage to persons or property
which at any time may be suffered or sustained by LESSEE or by any person whosoever
may at any time be using or occupying or visiting the Lease Premises, or be in, on or
about the same, whether such loss, injury, death or damage shall be caused by or in any
way result from or arise out of any act, omission or negligence of LESSEE or of any
occupant, subtenant, visitor or user of any portion of the Leased Premises.
F. LESSEE shall indemnify LESSOR against all claims, liabilities, loss or damage
whatsoever on account of any such loss, "injury, death or damage. LESSEE hereby
waives all claims against LESSOR for damages to the improvements that are now on or
hereinafter placed or built on the premises and to the property of LESSEE in, on or about
the premises, and for injuries to persons or property on the premises, from any cause
arising at any time. LESSEE agrees to hold harmless LESSOR from and against any
and all claims, lawsuits, judgments, or similar causes of action, for any injuries to persons
or property arising out of the activities conducted by the LESSEE on the property
described herein. Further LESSEE agrees to defend LESSOR against any and all such
claims and suits as described above at the LESSEE'S sole cost and expense with no
cost and expense to be incurred by the LESSOR.
12. 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.
13. LESSEE'S RESPONSIBILITIES.
A. LESSEE agrees and covenants that it will not amend or otherwise change its articles of
incorporation bylaws or rules and regulations without the prior review and consent of
LESSOR. Copies of LESSEE'S articles of incorporation, bylaws and rules and
regulations are attached hereto and incorporated herein as exhibits. LESSEE shall
ensure that its members are required to annually meet the membership criteria set forth
in its rules and regulations. LESSEE agrees annually to certify to LESSOR on or before
August 15 of each year those members who continued to qualify for corporate
membership as well as those members who shall be no longer qualified as members.
B. LESSEE as well as its members, officers, employees and invitees, when on the
premises, agrees 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 and records
required to be maintained hereunder available to the LESSOR for examination or audit
14. 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 regulations(s).
15. PROHIBITION ON ASSIGNMENT AND ENCUMBRANCES. LESSEE shall not assign this
Lease or sublet the Leased Premises to any other party without the prior express written approval
of LESSOR. Any attempt to assign this Lease or sublet the premises without the prior express
written approval of LESSEE will constitute an automatic termination of this Lease. This covenant
shall be binding on the successors in interest of LESSEE.
LESSEE shall be permitted to sublease dock slips and upland areas for clam raceways to
licensed commercial fisherman. Preference for slips and upland rental shall be given to
Sebastian commercial fisherman. LESSEE shall keep written records of all subleases as well as
the names, license commercial qualifications, dates of sublease and sublease sums collected.
LESSEE shall not mortgage, pledge, or encumber this Lease, in whole or in part, or 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 the 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, judgment, 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.
16. MISCELLANEOUS CONDITIONS.
B.
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.
A. LESSEE agrees all Members and persons engaged in commercial fishing and related
activities on the Leased Premises shall be at all times subject to the LESSEE'S sole
direction, supervision and control and shall not be considered employees agents or
servants of the LESSOR.
LESSEE agrees that it shall at all times prohibit recreational vessels at the Leased
Premises and covenant with LESSOR that none of the vessels docked at the Leased
Premises will be used as a live aboard vessel.
C. LESSEE agrees to park its vehicles in places specifically designated by the LESSOR
and further agrees that no parking will occur in landscaped areas or blocking any
sidewalk or street. 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.
D. LESSEE agrees to prohibit unauthorized persons on the Leased Premises and to prohibit
trespassing on the Leased Premises by use of appropriate signage.
E. LESSEE agrees to develop a fuel /hazardous substance containment plan within sixty
(60) days of the date of this Lease.
F. 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
or 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.
(3)
LESSEE agrees that its facilities and program shall from time to time and at all
times comply with the American with Disabilities Act (ADA), if applicable.
LESSOR and LESSEE recognize that the commercial fishing docks are not a
public accommodation, 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
G. LESSEE shall furnish LESSOR with a list of its officers and board of directors and notify
LESSOR of the names of any new officers and Board of Directors at the time of their
election. LESSEE shall furnish LESSOR with the names and addresses of LESSEE'S
offices and employees who have the authority to pay LESSEE'S bills.
H. LESSEE shall assist the LESSOR in providing information and documentation as it
relates to providing the Florida Communities Trust with an annual report.
17. 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.
C. Within thirty (30) days following receipt of a default notice, LESSEE shall have cured the
default to the reasonable satisfaction of the LESSOR.
D. In the event LESSEE fails to cure the Event of Default within thirty (30) days, 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 an including the date
of termination or to provide any and all remaining reports to the LESSOR for such period.
E. 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.
18. INTEGRATION. 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 heirs, legal representatives, successors and assigns of both parties.
19. SEVERABILITY. If 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 not 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 shall be valid and enforceable to the
fullest extent permitted by law.
20. PROPERTY INTERESTS. Nothing contained in this Lease shall be deemed to create or be
construed as creating in LESSEE any property interest in or to the Leased Premises.
Notices. All notices required under this Lease shall be sent by certified mails as follows:
LESSOR: City of Sebastian
1225 Main Street
Sebastian, :Florida 32958
ATTN: City Manager's Office
A Copy shall be provided to the Sebastian City Attorney's Office.
LESSEE: Fishermen's Landing Sebastian, Inc.
Post Office Box XXX
Sebastian, FL 32958
21. GOVERNING LAWNENUE. 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.
IN WITNESS WHEREOF, the Parties have executed this Lease on the dates set forth above.
ATTEST LESSOR
City of Sebastian, Florida
Sally Maio, MMC Richard H. Gillmor
City Clerk Mayor
APPROVED AS TO FORM AND
CORRECTNESS
Robert A. Ginsburg
City Attorney
LESSEE
Fishermen's Landing Sebastian, INC.
By
Title
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I certify the attached is a true and correct copy of the Articles of Amendment,
filed 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.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Fourteenth day of November, 2008
November 14, 2008
CHARLES W. SEMBLER
694549TH STREET
VERO BEACH, FL 32967
FLORIDA DEPARTMENT OF STATE
Division of Corporations
Re: Document Number N08000004478
The Articles of Amendment to the Articles of Incorporation for FISHERMAN'S LANDING
SEBASTIAN, INC., a Florida corporation, were filed on November 10, 2008.
The certification requested is enclosed.
Should you have any question regarding this matter, please telephone (850) 245 -6050,
the Amendment Filing Section.
Thelma Lewis
Document Specialist Supervisor
Division of Corporations Letter Number 308A00057268
P.O. BOX 6327 Tallahassee, Florida 32314
Articles of Amendment
to
Articles of Jncorporation
of
A. If amending name, enter the new name of the corporation:
>d
(Name of Corporation as currently filed with the Florida Dept.
NO80g0004478
(Document Number of Corporation (if known)
Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not For Profit Corporation adopts
the following amcndment(s) to its Articles of Incorporation:
of State)
The new name roust be distinguishable and Contain the word "corporation" or "incorporated" or the
abbreviation 'Corp. or inc. "Company" or "Co," may not be used in the name.
B. Enter new principal office address,Jf applicable:
(Principal office address MUST BE STREET ADDRESS)
C. Enter new mailing address, if applicable:
(Mailing address MAY BE A POST OFFICE BOX)
D. if amending the registered went and /or registered office address in Florida, enter the name of the
new registered agent and/or the new registered office address:
Nom o New Registere A unt.
New Registered Office Address: (Florida street address)
Florida
(Cir (Zip Code)
New Registered Agent's Signature, if changing Registered Agent:
I hereby accept the appointment as registered agent: am familiar with and accept the obligations of the
position.
Signature of New Registered Agent, if changing
Page 1 of 3
endin the Officers and/ r Directo enter the title nd name of each o icer /directur bein
removed and title, name, and address of each Officer and /or Director being added:
(Attach additional sheets, If necessary)
Title
Name
E. jj amending or adding additional Articles, enter change(s) here:
(attach additional sheets, if necessary). (Be specific)
ARTICLE 111 PURPOSE(S)
Page 2of3
Address
Type of Action
O Add
Remove
ID Add
Remove
Add
0 Remove
The specific purposes) for which the corporation is organized is (are):
To provide waterfront access to licensed commercial fisherman. aauaculturists, or
business entities for their commercial harvestpf marine organisms or saltwater products
and conduct exhibitions, demonstrations and educational venues to promote and inform
the .ubiic 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 or•anisms or saltwater •roducts b 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
the public about economic, cultural and historic heritage of Florida's traditional working
waterfronts, including the marketin of the seafood and a. uaculture 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 organizations under Section 501(0)(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, officers, 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 shall not participate in, or intervene in (including the publishing
or distributions of statements) and political 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.
The date of each amendment(s) adoption: November 1, 2008
Effective date ifanniicabte: November 1, 2008
(no more than 90 days after amendment file date)
Adoption of Amendment(s) (CHECK ONE)
The amendments) was/were adopted by the members and the number of votes cast for the amendment(s)
was/were sufficient for approval.
0 There are no members or members entitled to vote on the amendment(s). The amendment(s) was /were
adopted by the board of directors.
Dated
Signature
(By the chairman or vice chairman of the board, president or other officer -if directors
have not been selected, by an incorporator —"if in the hands of a receiver, trustee, or
other court appointed fiduciary by that fiduciary)
IQs W 1 rP.c
(Typed or printed name of' person signing)
rrts 0 1, 4 ,1
(Title of person signing)
Page 3 of 3
BY -LAWS
OF
FISHERMAN'S LANDING SEBASTIAN, INC.
ARTICLE 1 OFFICERS
The principal office of the corporation shall be at: 6945 49''' 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.
ARTICLE II 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 aquaculture 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 organizations under Section 501 (c)(3) of the internal Revenue Code, or corresponding
section of any future federal tax code.
ARTICLE III MEMBERSHP
1. QUALIFICATIONS FOR MEMBERSHIP.
A. All members of the Corporation must be approved by the governing board
B. All members must be free of any criminal record, except for minor traffic
violations
C. 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 party 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 of any future federal
tax code.
F. 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 organization, 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.
MBL-2
2. MEMBERSHIP MEETINGS.
The.annual membership meeting of the corporation shall be held
on the 'rs day of gust 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 by- laws. The
secretary 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 49 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
number may adjourn the meeting for a period of not more than
four weeks from the date scheduled by the by -laws 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 persons appearing on such
membership roll shall be entitled to vote at the meeting.
SPECIAL MEETINGS:
Special meetings of the corporation may be called 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 A 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:
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
8. MEMBERSHIP DUES.
MBL-4
ARTICLE IV DIRECTORS
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
7. 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.
8. ACTION 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 TIME 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, ADJOURNMENT.
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 meeting without
protesting prior thereto or at its commencement, the lack of notice to him.
A majority of the directors present, whether or not a quorum is present,
may adjourn any meeting to another time and place. Notice of the
adjournment shall be given all directors who were absent at the time of the
adjournment and, unless such time and place are announced 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.
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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 serve at the pleasure of the board.
1. OFFICES, ELECTION, TERM.
ARTICLE V OFFICERS
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 hereinafter 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. REMOVAL, 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
of an officer, the board in its discretion may elect or 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.
3. 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 /she
shall have the general management of the affairs of the corporation and shall
see that all orders and resolutions of the board are carried into effect.
4. VICE-PRESIDENTS.
During the absence 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 of the president. Each vice president shall perform such
other duties as the board shall prescribe.
5. 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 duly authorized by the board of directors, sign and execute all
contracts in the name of the corporation, when countersigned by the
MBL -7
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.
7. 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 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 bf the corporation
shall execute to the corporation a bond in such sum and with such 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 VII CONSTRUCTION
If there be any conflict between the provisions of the certificate of incorporation
and these by-laws, the provisions of the certificate of incorporation shall govern.
ARTICLE VIII AMENDMENTS
The by -laws may be adopted, amended or repealed by the members at the time
they are entitled to vote in the election of directors. By -laws may also be adopted,
amended or repealed by the board of directors but any by- law adopted, amended or
repealed by the board may be amended by the members entitled to vote thereon as
hereinbefore provided.
If any by -law regulating an impending election of directors is adopted, amended
or repealed by the board, there shall be set forth in the notice of the next meeting of
members for the election of directors the by-law so adopted, amended, or repealed,
together with a concise statement of the changes made.
INTERNAL REVENUE SERVICE
P. 0. BOX 2508
CINCINNATI, OH 45201
Date MAR 2 6 2009
FISHERMANS LANDING SEBASTIAN INC
C/0 CHARLES W. SEMBLER, II
6945 49TH ST
VERO BEACH, FL 32967
DEPARTMENT OF THE TREASURY
Employer Identification Number:
26- 3167943
DLN:
17053242319018
Contact Person:
BRENDA WILKINS
Contact Telephone Number:
(877) 829 -5500
Accounting Period Ending:
December 31
Public Charity Status:
170(b)(i)(A)(
Form 990 Required:
Yes
Effective Date of Exemption:
May 6, 2008
Contribution Deductibility:
Yes
Addendum Applies:
No
ID# 52638
Dear Applicant:
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 exempt under section 501(c)(3) of the Code are further classified
as either public charities or private foundations. We determined that you are
a public charity under the Code section(s) listed in the heading of this
1 etter
Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c)(3) Public
Charities, for some helpful information about your responsibilities as an
exempt organization.
Letter 947 (DO /CG)
FISHERMANS LANDING SEBASTIAN INC
Enclosures: Publication 4221-PC
Sincerely,
Robert Choi
Director, Exempt Organizations
Rulings and Agreements
Letter 947 (DO/CG)
EXHIBIT B
EXHIBIT "A"
LEGAL DESCRIPTION UPLAND PARCEL
THE SOUTH 13 FEET OF LOT 1 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 EAST OF THE
CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING;
THENCE NORTHERLY 118 °41'37" ALONG THE EAST RIGHT -OF -WAY LINE
OF INDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO
A CONCRETE MONUMENT
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.
BK: 2429 PG: 1534
EXHIBIT A
Lots 1, 2 and 3, Block 2, Middleton's Subdivision of City o •astian,
according to the map or plat thereof as recorded in Plat Boob 2, Page 56,
Public Records of Indian River County, Florida.
Property Appraiser's Account Nos: 217310, 217320 217330
TOGETHER WITH
From a point of beginning at the intersection of the South line of
Government Lot 2, of Section 31, Township 30 South, Range 39 East, Indian
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 -of -way of Old U.S.
Highway No. 1, said right -of -way being 66 feet in width; thence run North
25 °22' West along said East right -of -way lin istance of 71.45 feet; then
run East, parallel to the South line of sai• G. ernmental Lot 2, a distance
of 94.89 feet; thence run North 70 °45' Eas a distance of 132.03 feet to the
established bulkhead line; thence run So 25 °22' East along said bulkhead
line a distance of 66.43 feet; thence r.,t:outh 70 °45' West a distance of
145.50 feet to the point of beginning the Mean High Water Line of Indian
River and on the South line of said nment Lot 2;
Property Appraiser's Account No. 7)
AND ALSO all of that part of Lo }/w Block 1, MIDDLETON'S SUBDIVISION OF CITY
OF SEBASTIAN, according to pl ereof recorded in Plat Book 2, Page 56,
Public Records of Indian Riv.- 'ounty, Florida lying East of Indian River
Drive (Old U.S. Hwy #1) an.:escribed as follows:
From a point beginning a the Mean High Water line of the West shore of the
Indian River on the Town Line between Township 30 South and Township 31
South, run West along s.} Township line (same being the North line of said
Lot 1, Block 1, MIDDLE►f 'S SUBDIVISION OF CITY OF SEBASTIAN, a distance of
80.05 feet more or le to the East right -of -way of Indian River Drive (Old
U.S. Highway No. 1) =aid right -of -way being 66 feet in width; thence run
South 25 °22' East along said East right -of -way a distance of 90 feet; thence
run North 80 °00'00" East a distance of 113 feet more or less to the Mean
High Water Line of the Indian River; thence meander the Mean High Water Line
in a Northwesterly direction to the point of beginning.
Property Appraiser's Account No. 217290
4
U
EXHIBIT C
Exhibit C LOCATION MAP
EXHIBIT D
HOME OF PELICAN ISLAND
Exhibit D PARKING FACILITY
EXHIBIT E