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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. 1 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 2 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. 2 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 6 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 7 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 8 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 9 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 10 "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. 11 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• r 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 EXHIBIT A 4.....wex.yi.coolieect.114\r,edgerAlteskilseAkiN1414a111111"6")161"411-4")'(.454"4"k)111P"‘"...")M-11)144)-L" ";#""YCawitillrAnlkk.las)—°"4"aAYaYirs.)P-:kWiwij2tW)till.""k7r.")" '..1°. 47)::"... t• t x7y•s7/ voli or 67(• icir Ic7iiN7fi is7i• iclittivg• KTdr• vg• twit pi, iscylvM•ivd• es di Ws VET•Mft•raliVir W•Wili Kii• WI ONO IP::: (01, Zpv(T AA 7(4.1 iar.ro' It .•)%tit. 1,4101 FAA r t IM. Z IP "it i if 411 ..44 1p 1. ..).c. ot ::kki Kol Am 4/c *MD 7 0 •)(t. Lcire. .4(10 V I§ `44P: Z I i o .Kir 1.6 AA a;..Clo 4.1%. gliti 0,-A .i40. l 44 a),. AK ii 11 NA .xt. Ibl•Cft. 41■;• iite\i• I SP: SMI 10 4titio' 10 111 4DY f• •tc• !At If.,tp: IA ...,..K.. ri4g 4:-. 1§ Al 0, asp 7 it CR2E022 (01-07) 41) Ca; 4 b...1 a r.r m a leNt*95.101/Nk. ifulltd.M•terglid‘W"Voie.%k•YAWd%lVal•Jrm•leitt■•/dVe ti„:0 4-14thd -4 fle •;.1 CC eCiliff4ieeril AVtefOi. licatqf erWW• r ot s ic moo 13tpartment zif tau 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. MBL -6 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