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HomeMy WebLinkAbout07282010 Working Waterfront AttachmentCity of Sebastian Working Waterfront Collaborative MANAGEMENT PLAN Stan Mayfield Working Waterfront Program 08- 003 -WW1 June 2010 HOME OF PELICAN ISLAND Executive Summary Introduction Purpose Existing Activities Desired Future Use Management Objectives Table of Contents 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 2 5 6 7 7 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 link 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 3 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 (Le. 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 1 0 "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 link 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. 1 1 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 facili 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, Sabel 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 altemiflora (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 201310142018 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 r 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 HOME OF PELICAN I ISLAND 1 11 Archie Smith Fish House (owned by Indian River Co.) Working Waterfronts Acquisition (former Hurricane Harbor and Dabrowski /Offshore Marina parcels) Sembler parcel (privately owned) Exhibit B Public Owned Lands 0 411= 61410101 4111=1 1311.-d.1 MI MI= MI M :;M: MN Maa en Vf.r BY ELECTRONIC MAIL nk@euro60.cona 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: Thank you for your •cooperation in resolving this case. cc:: Alissa Meyers, FDEP Lea Crandall, OGC Kris Tu110 i. Central District Rebecca Groball, City of Sebastian, (rgrohalls'cityofsebastian.org) Eugene Rogow, (crystaltree©bellsouth.net) Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Michael W. Sole Orlando, Florida 32803 -3767 Secretary 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. OCD- ERP- 10-0183 Paxnela. Ammon Environmental Manager Compliance and Enforcement Submerged Lands and Environmental Resources Program April 30, 2010 Date Charlie Crist Governor Jeff.Kottkamp Lt. Governor DY_CEBIEER 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 Rai tblewood'Dr. FarmingtonHM'lls,. MI Indian River County OGC Pile No. 09 -3161 Close Letter Dear Mr. Morrison: Enclosed is the signed and entered Consent Order to resolve: the above referenced case. This copy is for your records. You have satisfied the teens of the subject Consent Order. The subject comae 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 cozmpliance. 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) 8944555, x2246, at the ;letterhead address, or at Sirena,Davila @dep,state.fLus. Thar* you for your cooperation in resolving this matter. AW /sdf df Endosure Florida Department of Environmental Protection Central Distrito 3319 Maguire Boulevard; Suite 232 Orlando, Florida 32803 3762 OCD -ERP _10 -0'12$ Sincerely, atldts Submerged lands and Environmental Resources PermiHing Date; 1424 -10 CC: Steve iutrnan 8 gttttxtanebodznanllp.corn) Rebecca Groh Growth Management Director, City of Sebastian (rgrohall ityofsebastian.org) Kristine Jones, OGC Lea Crandall, Agency Clerk Kris 'Mock DE Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary r f t!i THE RECCR[91r 09 .93 9c ►UL15 t'1 Y: t 4 This Instrument Prepared By: JEFFREY I.6fRT Charles W. Horne CLERK CIRCUIT C I VDiAPI H.NER Bureau of Land Management Services 3900 Commonwealth Boulevard Mail Station No. 130 E Tallahassee, Florida 32399 J BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA' 44 SOVEREIGNTY SUBMERGED LAND LEASE RENEWAL NO.310006484 C 4f 4 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 Ti 4 referred to as the Lessees, the sovereign lands described as follows: 4 A parcel of sovereign submerged land in Section 06 Township 31 South Range 39 East Indian River County, containing 17,9in 2 I ndian River 5 square feat, more or lees, as is more particularly described and shown on Attachment A, dated October 2, 1989 I., .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: f J 1. The Lessee is hereby authorized to operate exclusively a commercial 7 docking facility in con 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 B. 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 due 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 if the wet addition, submit arevised rate s schedule a within s30hdays followingetheaeffectivesdatesoflthe 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 feat for rent supplied by the Lessee. 1:3 C') LR -2 04/25/94 (01) CJ7 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., 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 harmlees 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 or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein, 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'Leeaee 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 the structures and equipment located thereon in interests of public health, safety and welfare. constructed in any manner that would cause harm shall be subject to inspection by the Lessor or 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 isible location on the leased premises or adjacent business office the Lessee. Itishall 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 Sovera ity SUSW rged Lands Lease No. 310006484 premises in good condition, keeping a good state of repair in the No dock or pier shall be to wildlife. The leased premises its designated agent at any 0 7) t U G 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 foi a renewal, or in the event the'Lessor does not grant a renewai,.the Lessee shall vacate the leaned 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 Maing 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 coats 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 SE A LITTER BUG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH RECEPTACLE. Page 4 of 16 Pages Sovere my Submerged Lands Lease No. 310006484 29. Prior to commencement of construction and /or activities herein, the Lessee shall Obtain the U.S. Army of Corps of Engineers (COEy 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 sovearTity Sirged Lands Lease No. 310006484 WITNE Origi 1 Si- a ure Typed /Prind Name of Witness Or g a Signature Typed Printed Name o W tness STATE OF FLORIDA COUNTY OF LEON APPRO D AS TO FORM AND LEGALITY: DE WITNESSES: Oi'igina .Signature Nelson L. Caldwell Typed /Printed Name of Witness Original Signature Edward Piendel Typed /Printed Name of Witness STATE OF COUNTY OP The, regoing inst nt was acknowledged before me this The, 19 cf by Daniel T. Crabb, Bureau Chief ly own to me. Michigan Oakland My Commission Expires: 9/01/96 Commission /Serial No. S' .VIA Y. scam MY OMMMSSIOB CC290550 EYARES m 25. 1097 110M1/11111U11101 FAININSILIMICC. DC. Page 6 of 16 Pages Sovere my Submerged Lands Lease No. 310006484 BOARD OP TRUSTEES OF T IMP NT. TRUST FUND OP BY an a T. Cr ure Bureau of Land Managemen Services, Division of State Lands, Agent for the Board of Trustees of the Internal Improvement Trust Fund "LESSOR" My Commission Expires: Commission /Serial No. Henry J. Dabrowski and Anna Dabrowski Leese, r Henr J. rowski Type day of who is Ll� ,24; /997 95ssn (SEAL) c) Executing Aut ority e ame of Executing Authority BY Original Signature of Executing Authority "LESSEE" Anna Dabrowski Typed /Printed Name of Executing Authority The foregoing instrument was acknowledged before me this 18th day of h6er 19 cm by C;`?6: (are) personal iy known to me or who has pr uc m identification. u J\' .r sesourTwi or L•J1st• AIIFA: sesi w "JCL -OP sucAsocco LAND 1N OE »CL1N R., -7. no 7108• 'or 1. S0CT7ON 6.'"lownwOr 31 sOpil0. 8 NCi6 39 PAST J71AN Aim 039117. 770872711. sum IA7IE.7L AS 7011015 I1?9CCING AT IIg ItelissaCr104 or 7116 SOOUTD LIMB Or MID .z1Q1 8 SUMO/1S=4 OF DC CITY OP SMNST1AN AND THE IOW RXGN7-0r -NAY LINE OF LODE NJGMM7 AS INCORDED IN P1ATICOIC 2, PAOE 66, ru0L=C ROCDIm6 OF new RIVER LCL04r3. M EDA: VOCE N25 0011 (ASSURED REARM FOR DERCRIPTTCII PURPOSES) A:ONG SAID fASTEALY RIOR- 0P-RAY 1JME, 46.48 FEET 10 A 101741, 11001= N67r51'16'E. 126.77 Mr 70 77g EAST EDGE CO 1111 INISTING MAMIE AUJJOIEAD WALL AIM BEING THE JOINT OF BaLTArt c. 31MICE CONTINUE N67•51•16•. 190.00 VIM THENCE 702.09'44'W, 135.00 FEET: INV= 560•15•01'W, 361.07 ram 'name 323• ,.36'18'3. 99.07 770`1': me= 967•51•35•W, 13.30 ?W TO TIE EAST IDLE OF SAID CONCRLn BUIJOIF.AD W.U4 THEME 823'23•26•E Zaa-•a1K96 .TAST mCZ Or SAID CON' IC1z SUL0AAO NAIL, 12.00 MET BALE TOTE POINT OF OSODDQNC. LESS AND ErAfrr 7115 STAJL77895 OE= GSA 1310007.UDC SORE MIX =COMM AS MUMS; COODCDG .A7 THE DawAss 1TON.'or TIE WON. r. •I.D18 0r• MOOS. a.'3 or THE CITY OF SIOl OTLW NO THE 'oar 9i r-ar NAY Loa Or DDCIE 120813!. AS RB00lDEO 4 i. 1N rums= 2, PAGE 56. ROIL= =one Or mow RIVES COMP. PICRIC% CO N25 tAN AMAMI raw= POE mesirT7c0 Awe= -ALCM MW EASTERLY RIGHT- Or-HAY 46.48 FEET TO A 701/6' TOM N67 126.77 DEBT 70 TIE 31.81 SDGE Or AN =MG =CRETE OULIGI OD MAIL; 7110132 7423•23'26'w ALONG TIR EAST EDGE Or SAID WALL 2.00 MST TO THE S.N. corms AN- EJR5rwo IODIEa OMR AND WE POIM 64.47 FEET 70 TES DST SIDE Or SAID EXISTING CONCRETE OF SAID DOCK 98.75 MT; '""'9B01C>E "M2.O0'N'1f 4.00 Pl'E17.71fCrCE 1.67 90.50 PYI:T: Thera N22 6.00 1'>'2T: VD= 9i7 60.U0 PBRy MINCE N22 35.00 my THENCE 567'Sl'36•N 35.00 FEET: 710313E 522 45.00 FFET: 940C2 867 -BULOOAD MALLS 71DSILT6 823•23'26'3 10.00 TI0 r &10C TO 771E POINT OF BBG11i:DG: SAID `SASS AREA OINTAINING 17.925 S0. MIT MOSS OR LESS Or OOGINNn4G• 95)10{ N67 ALONG 713 SOLIDI SID E 30.00 FEES': TIONCE 102 10:00 FEET: THDIC6 667 Legend Grandfathered structures not included lease area FLOOD ZONE STREET ADDRESS TYPE OF SURVEY sufterR. Y9 wars -PHONE 589 -4J310 EENrR.. NOM: scum 0r 5CSO0►77O7 Per ANN ar KAMM EAST Aga. 1.38 000E NetrAY ASSWED 7D IC teeara0 EM111710NJ WEO 41W MGNa 4444JJJJ KNDNA* KSpNr1107 MASS CSC N Si. co.ww7[ r.µ1 EAST ME RR INCS E 1001730 ON SWIM SCr 1ESASRAN RI►ER N ROSE1AN11 n IMAM (WAIN]) E1EVANON SMCSs Location Map fE. 1 91. ,v. OM NOR7IKRLY 1A07s MAW Of1RSM► PER PAS. sat 7817 Mertes \u� /L. KW MO w 1.3173 Or LEASE AREA -N/O NORNEAY RPNIIM:. 04 (3511010 5000 17517880 r17,we WNe s1,{7V81.3 51.11 North .s• 8. fy1" KWIC 70'v !MI Our 0710. W •ML Y A SOUTH LINE OF MIDDLETON'S UBD. PER P8 1, PC. 56 I NDIAN RIVER COUNTY,FL. Attachment A Page 7 of Pages SSLL No. 310006484 Scale: 1" 60' S OONSALY 1/681700 {NC DATE RE VISIONS -Leg 10 -2 -8 derant• CER7AF'7CA772 LRAD REED, HA AF Y CERY THAT 771E SURVEY SH07NV HEREON r JY AS PERFQooED A.2.810. AND SAID SURPEr MEETS 7HE WMMUAI 7 CHAVCAL r STANDARDS PURSUANT 70 S(C7ION 472.027 or THE gp410A STATUTES AND •s 4 -G a< 21/6'1 -6 Cr THE ADMMSTRAT7Y£ CODE /a'r 7 3 J GS ,i4 L: CERAf7ED 7J2• RE1ar 1 WPM= ROD REED RLi Mi MAS TELLER, MOLER REED INC. M PROFESSIONAL LAND SURVEYORS POST OFFICE 80X 1045 SEBASTIAN, FLORIDA 32958 L 1. r DRAWING North 9 Attachment A Page 8 of Pages SSLL No. 310006484 ,LQCATION MAP Me DV' NORTHERLY L6g7S OP LAPLAND OWNERSHIP PER 0.R'. 364 PACE 696. PUNIC RECORDS Q \kr LILCO. memo I •11 erlae AIM otr Date Revxesone 6 General Note.: 1. Dee.rlptiea..s prep.:se by surveyor. 2.19.3s of bearieg., tee .et right -et -soy line of Dixie Nigks.y is assumed to be $25 W 3. rlevatiamet booed on W.G.y.D. 4. a.cbmark description: brass dies le 9.1. eonarete tall an seat side of R.S. trestle located oe :meth .ide of the Seb.tios elver in 9e.3..d. fieriest ■ta.y.d.'(L33 /1,13) elev.ties 20.085'. Client Hen J. Dabrowski Type o Survey Submerged Lands Date Performed 8 -2 •88 IF.B. Street Address Flood Zone! A :panel Nrj 12061C 0077E Drawl by! (Checked by NORNERLY!RIPARIAN WE E17SiwC 11 B(R10HEAD EJOS7)NC CMG SIRXNEAD WALL C L4v. wv 'ram fi-t e.ae• E Pg SNfRE1NE SOUTH LINE OF MIDDLETON'S \SUBD. PER PB 1, PG 56 INDIAN RIVER COUNTY,FL PROFESSIONAL LAND SURVEYORS De•criptioeof structures grndfathered under GS9 9 310007: Commencing at the intersection of the south line of )iiddleten., Subdivision of the City of Eebeitian and the mist right-of-way line of Dine Highway, ea recorded le 01atboek 2, p.ge Si, public records of Indian Rive! County. Florida, go N25'25'00•Y (an *seemed bearing for description purposes) along said easterly right- ofwway 46.88 feet to point; thence N67 126.77 feet to the &set *des of existing concrete bulkhead tall: thence N23 *long t east edge of -said well 2.00 feet to-tbe S.W. corner of an existing wooden dock and the Point of Beginning: thence N67•31'16 "E along the south aide of amid dock 96.75 feet: thence N 2'06'6A'w 4.00 feats thence W47 90.50 feet thence H22 4.00 feet; thence 367'51'16 Mt 60.00 feet thence H22'08'8641 35.00 feet: thence S67 30.00 fee thence $22 'w 10.00 feet: thence 867'51'19'11 35.00 fee thence 1122.08'41•! 45.00 fest: thence 867•31'16.11 64.47 fee to the east side of said existing concrete bulkhead wail: thence 323 10.00 feat beck to the Point of Beginnin. containing 4156.61 'guars feet more or less. Scale: 1' 50' CERTIFIED TO :s 1 t 1Ls4 MO e S 0 P MASTELLER, MOLER REED INC. SOUTHERLY R6aAmAN LI;E Henry 3. Dmhrnwe:ki o•6' ,1.4;* e. 0 crA Certified correct to the best of ay knowledge and bellef.1n conformity with the minimum technical standards set forth by the Florida board of Land Surveyor•, pursuant to hectic. 472.027 of the Florida statutes and 21NN -6 Of the administrative code. This survey is prepared and certified ,for the .dlusivs use of the cliset(s) me44d ks.feye.. It is not valid unless embossed vifb *3 •sel._;, C of the und.rsIyned. i S%fr. aC Rod 'dd 4 R.L.S. 1'3916 i LiJ:AIJi_ no)tci i I:: -1; i- Po�I. Of: L c: Lox :iC Sebhst: i3n thief r! t 229:.£ Sloor LATiON teas: 31 -39 -GC 48 /,J a'Let4: tiu.: not appljcohle L COUNTY: 7)3:Ilan Ri ver PROJECT: seawall anc3 dock Tfi.•, !worn •is'issurd u the lMUrnront of Cl.apt 253 and/or Chapter 403, Flotilla Sutuus, and rules n( the .'Dcpattn•rnt i Llw JWilile,•t..l Targuldt.on here:natter called toe Department. 11 a federal permit h requires fir enis activity pursuant to Public Law 0244)0, Psi: either certifies that the project described below and deliniilcd by um ,stated eunsjiriwm will eoiuoly rtilh int. :ppric:.i,le rim:: Ouelity Standards of the State of Florida, or waives Water a •Gay C►riification as indicated aljirt. The abovt.pamed.ftrplicens„ hereinafter called Permittee it here �rizei so perform the work :!sown on the approved orawino(s) attached hereto and made a p.'.r1 kally desuibed as follows tit nnho hereof and sfxeif• To construct approximately 200 linear feet •of seawall (after -the r fact).; to construct and extend exiotiny docks encompassing approximately 13,200 ::,;Aare feet. The new facilities are being developed around an-existing co;rr.v cial fish house. In Section 6,. Townai ip 31 South Pt.n ye 3S ts I d Indian River County. n fist/ )11VGY r $e!)aSt].�.Tr, 71gsgrur, f 9 ii SEP 26 1919 AUK 14 D19 4ANAGEM =NT SECTION ill..: ti'• r. �>~l,� SEP 2 7)979• OPEA T 1OIIS SECTION 1, Unless specifically stated otherwise, ;:se work au :hori:ed by the Permit shall be valid fir period Ins! :half commence ce n t oon ecci b th Perm So••ernmental authorization state and-federal. ittee o: aft nd-fe 13) year Depa,imtnt may rcrekr. this Fermi it the Perm/nee tails to use due diligence in oota and-federal. The mend/ authorization Furthermost, enis Permit shall tool relieve the Permitter horn Me reouireniem of obtaining Permits from and complying with lawful r CVuirtm2nti im i! arch reouirrd ortvern` meat t s rs m us the Flori with tr.,,�nt posed by t,tr U.S. 1 Alai-:31 Resources and .Army Ctat o1 and federal law f ederal law govern- This permit shall be oronsel vWi:iDlc l ocal, state 2. y executed and binding under the law when the and r.,a■Icd to utr issuing of lire (furled co the• Fe•mit Placard) by :hr Permitter by ecniiicd mail, r ?turn moue-sled. within fifteen 113) trays after it is Iran:mined, to tnr Pcrmitlre. copy of this Permit is signed t o r J,C ro ir r, :v: Sr:r isa office 1sJm on the Fermi! Placard m:::lt —.n SE :.r •-•7:01: Lushes:i:cd by 1 Perr..iL of the t: elute of 71st Per ait:. mit Fl:rCald rS r tir,i, to be nesal:•d in t CD:1SDiCJW3 1bCa1 /04 i•1 Ih. Y. Psi uf tin w This J'« •err k lit; dining th e entire rr rt :rli :rurr., tit th :•II i, balsa: .:t cr due. r ..rr: r••Arl :l nvs :lafd a! th e pr••� tilt' r,. :In a dal,* r ...Ain v.,Si, a p :C al so ivrai w N4w upon the premises. I et asst• :iatcd G. Fr is r•• 3 villa Me tC4.t D: 7h r• t'rh •rld us ...sup.. the Jrrrrail Fl: s t•.nnt 14... of line went. .Aril r esat .1 by 1:.:. i ••,a :i! :d tt::': i:9::in? oflice drown on the Placard o ttoacomnJe. 1. Fs «milere shalt tint •t by to 3 f -fro n: :this/co r,••a,:.tt ?Mitt r.... 1 x;ll .tn,t fief! ultL .,..S tg rr r t r.: r.: 1 t 11..• limit: of �•'t'i Worn stir: evi u, this Per ot rut a: a :sett;. uryi li o I P.: deer: d,rw :r¢' t1w.iLtai.r.: 5::0 t: •.sties. tit r. ;1 it th cu /dry u ro u -i nri lc: ee tsar• teed;:: its; •hi: Lep: -un of this i r:loft their eu clot. nzt Srovorls 7t 8, F CAC sq fl LMJ:• C>,:rtrh r err fete PrI ur l. a•�cvly ,;Jnt: rr_r t:;a •eels .feet,: u' :;nets, w Lroir dL,yYr ir: 10 :.•1 h P a.•rscly affecting rnnrltr:r :lilt;, eg Mnl.lvy.q- g 1 er b•_: ft wt. ••t ee •.r 1•r n r•: :Sea 1 1: 'r J•,tl :re-et t 1v. 7h.; P. drift Nnl ah.i a..... r!al :•w r... ,:11•. r.. :1u:a1 or Ilri• Permit. e.. n :2 :rinr ui n: S: Attachment B t t n t ulle Page N 9 of 16 Pages 31 0006484 GENE it AL COAar7SO.VS: Not 4 3 igpo e C 4 11 1:.•..•••t r•.! +tare% t•s e••btc�'wed: tinder thin ?rr..t.: vt►.w. 1... ^'•t;: '+y tlu• t)Clt•1t1•Iwwil 11611 the 1 rt:y....rdr sins P-r■ti r..r. Is .;q.. .hid yunuan: to Se..1:4r.. 43:.Efelf 11 :9...iD, r lot id. St.lows. p lut1.•w rJ• ^'i owl to tt �eimnl MKr h r s unnet um YeTmit until Gnat di:PI/4-8000 01 wells af.p.:.l l:as s.eeur.vd 011 1' •1) 13.. Ps fwd i► pi/piled to the tights of the United 5 r. ulc► in tiav,.tl,lr w:rlt.•r and punwat to the 1 01 N.•• I•.11Nr: in I30ai.n3, 1•1hi1ta, Inh4r4 and Other right: for wl.ich penposes the waters attrl stibiat iifed Imd a 1 1rr• •:rit:r ;.•r'ht Id 1'Y 114 .r t.tr. 11 rhe, I'rinii, dues nut indicate ant endurscm.•n1 of approoat of any other Department prrrnit/.p that .......1 h• .trlu.ertl km ether a: prCt/ of INC RAW (u OjtYt. l his Permit tines not aushotNe a vatianee from or violation of the Wales Ouality St::ldardl at specified in ../e-. Chapter 17.3, F tot eW Adminisualivr Code, u.dudutt but not limned to: 17 3.0': Conditions of All Waters: Times and Places; 17-3.05 Water Quality Standards; Specifics; and 17 -3.08 Criteria: Class I1 Waters Shellfish Propagation and Harvesting. ..7.urbidny shall not.excced.iifty 1503 Jack:on•Turtnaity Units n rel ated- to standvd.candla.IUrbidimeter above tiackyround. (1) There shall be no live aboard 12) A quantity of fuel absorbing material sufficient to absorb 50 gallons of fuel shall be kept at fueling 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 Loth ends. (5) Within five years from the issuance of this permit, the applicant shall obtain a state operating permit for the marina pursuant to Chapter 403.087.,, 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 Oils Greases Quarterly PARTICULAR CONDITIONS: Location air /water interlace in marina area DO SOD Total Coliform Bacteria; Fecal Coliform Bacteria; Quarterly surface and 25 cm above bottoms-in marina area THL Pit MATT TF E. ISY SIGnnna3 IsEL(iw, +ULUNTAIIILY S.C.::1'7S AND AGREES TO THE TERMS At•:U CONDITIONS CONTAINED HEREIN A /4D HEREBY CERTIFIES THAT WORK WILL BE PERFORMED IN Si FOCI ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ATTACHED HERETO AND MADE A PART HEREOF, ANY VIOLATION OF OR FAILURE TO COMPLY WITH THIS PE.MIT W1LL SUBJECT THE PERMITrEE TO LIABILITY FOR DAMAGES CAUSED TO THE :t'ATEP.S OR PROPERTY; INCLUDING Ail/. MAL, PLANT AND AOUATIC LIFE OF THE STATE, RESTORATION OF THE WATERS AND PROPERTY 70 THEif FORMER CONDITION, AND C:VIL PENALTIES IN THE AMOUNT OF TEN THOUSAND DOLLARS IS1U,UO3i FOR ENCH DAV FOR WHICH THE VIOLATION OCCURS. no cn GJ'1 Ac^':rtrd this drt• cf rl +�r1.s 13 y 0 isutuf Gil 7d e:lyof ='pn::r: y 13 Z_ State of Florida Department of Environmental I1epulatien, Joseph W. Landers. Jr., Scerclary A1 J. �Cw- c- Pages r 2 U �rl1�ljybg�a ^,a J .n- -,-,71............:-.:-:1.Z4-4-1(...' _2':.. ='.i s f of /:4il•s)rias41 Aden; Attachment B Page 10 of 16 SSLL No. 310006484 t,..5/e/t 44.* i a. t 4 •4 rte. .1• 1,1• f i 4 ........c. 6. ...7.....re .4" ......7. •.1....;......... 0.... I WA: ........t 1. :4••••■• ...est :.:.1.....,,,,E,•• ,,,,or.a- &an. A.2.11.1 role, .....gm• 0. C-4 i i .4..1,... ve iia ,.......",..J 4' ,7••••' :lawn sr ■••E 'nett f., Attachment B Page 11 of Pages SSLL No. 310006484 NOV_1 3 1.c loo:o•••••••••■ II ...I:Aim...a •..ov•• 4 .4.r• 67, Ia 11 oa•,..,, 1 11 1 r j I %m.o. •Seoi.Tc.....1. ...A.I.o.....a. P P.,:bro 1.0,0. AIC.1 'I= ..1" 11 r ..i :Tr' er Fre. ..1.4.e be..? ...J '134 0645).. o Z E.1) APP.:at...4A ri.4• ohel. r. A..r. 41434 Ir.: i ........of c.0 ••••••..4..• .:bil...) P. s I .1 AI,: 4....c l i; 14 ...rt....4 AL-Ars.4r. z ria.. I. Slitar a..s, i., 4.1 7%...(1 01•.1... •A‘C.L sat .3.. At: .....4% .1, 1 14 d. 3 0 ir J' ;:-i. ti-" 4 y IQ 1........A ..:A...... „LA b.? re .1 v... t.7 D. Ir. te Z. "rrft• •--4 i. 710.1.4o. Z....) Ia.., ....v tte ri.' ".....c., 44 •••••■••••..,.....1 3r 8 3,.....2....... on f ft Z 1 i ..:"..r 7 ----dri+ IN 0 t•il L •••••1...1......... er •r? r• alt....oleo:b. P.••••••4:r.< 1 G 1•• .11.. 1?. ...4:1' A i .4•Yhtlfel .1 INN( 43, 4 0 -1.7., r-ff r. 47.4t. ISE4.11.,;.0 :11.,..0..1. 4 a I 1...i.... C .5r1,1•1:::.f.i..." 0.641V,:•:•3,a 7-011..e■"; 4; lllll i-c 4 r. 7 .e Attachment B Page 12 of 16 Pages SSLL No. 310006484 UCLA 1989 r c. ...h... 4..6 ...f .z.J.,..." ;•:,-,04. rg j3".. 8.—...- r ••.114.444- ...Wt.. T I: fr..:.r.s.eo ...,c...0 Ar•• 4. Immo eu.ol•rt...• :I" o g .4 e' ...G) Fr:- .....r.ir a••••r 38e r ro Lf.ry• CO /11.":...s...,.,.,,• 4.400 r. A. e.s .e.) r 4 4 i. 4.4. 1..i; le.; 6.. '1; A Z.... ••a‘4?• es 4 Id er ri. 444C42 4..•14 A.. 6: ..F. 4 44' 444 G "..i •••..1 07.1■1 e........-..e 0111•MI .r• 1.• 1 A•r•r Yr .-;*"11% 71.". r !Cc a■ 1 7104 A, 4 1 •:.4„ 1.": 0..0 •1.4.041441 .K./.477 4.0 r 11..rr SF 1- 0•1.4 j Gt 41 ,r; 4", 4 1"• ••7 4.4 4.4 14. I 4 4i V. it• 7) z 4,,r• :.r.v.• 7.7"-r•— Attachment 13 Page 13 of 16 Pages SSLL No. 310006484 4 4101.. "Ir. ft The docking structures located on the public lends ore under lease from the Florida Board of Trustees of the Internal Improvement Trust Fund. As condition of that lease, the lessee is prohibited from discriminating on the basis of an individual's race, color, religion, sex, national origin, oge, 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 Sovereignt Submerged Land Lease Number 910X1()6484 may file a complaint with the: Department of Environmental Protedion Division of State fonds 3900 Commonwealth Blvd, Mail Stotion Number 150 Tallahassee, Florida 32399-3000 Coif: (904) 488 -6242 (Investigations) Attachment C Page 14 of Pages SSLL No. 37 nno6484 Los estructuros de muella situodos en las tierras publicas son sojetos a arrendamiento de El Consejo de Administrodores del Fondo Seguro de Mejoromiento Intern de la Florida. Como condition de este arrendomiento, .el orrendodor sera prohibido descriminar por ca sa de raza, color, religion, sexo, origen nocionol, edod, incopacitacion o estado civil. Las personas a quieres se les kayo negado el derecho de igualdod al orrendor o usor Ios estructuros de muelle induidas dentro de lo Soberania de Tierros Somergidos poro Arrendamiento Numero 319006484 pueden presenter uno queja al: Deport mento de Protection del Ambiente Division de Times del Esbdo Mail Station Number 150 3900 Commonwealth Blvd. ToNohossee, FL 32399-3000 Dome al: (904).488.6242 (l nvestigocianes) �ft� 1x8 shui sailfraigy Pad M. lR, GTl, J .J March A. D. Io 78 ROBERT L. FLOOD and WARY B. FLOOD, his wire, 'NENRY J. DABROwSEI and ANNA DABROwsgi. his wife `Lw a..a//1 sJJ t. c/o Jim gall and Associates, Post Office J.«wn,g H. 3 1241, p lm Bay, Florida, 32905 'K+W WStti4 m.I s'. p tr.J omrlJu.nes.,rl 8R....w .J 3 "LL 0 'wIPf lfl a 00 w1 14... wr .wJ swJM�w. w L.•. �o.lw.. 11.. .bw". *W... yawn. een p�ttl.., at Ala aa.l.tw LtwJ .ae.M in �h. Rash.. oft: INDIAN RIVER •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 hecenter Indian River�Drive), the o East beginning; thence Northerly Ile 41' 37' along the east of right-of-way line of Indian River Drive, a distance of 181.75 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'.s subdivision and the high water line of the Indian River: thence Hest to the Point of Beginning. SouJh,aRange 39 East. Lot 1, Section 6, Township 32_ Together with all upland, submerged land, litorial East to the ttereof rights to the riparian e cent rthe Indian River to the extenttbthat same appertain to the property above- SNBJECT TO: All liens, easements and restrictions of 4 44r St�tiT:� r4.1 second, il�any. -rsz, %`tea DOCUMENTARY suR ;Axis ..7 FLORI cS mt J 'town y l "z" 6 7. 1 0 1 Men tt•u V A TRUE COPY, CERTIFICATION ON LAST PAQE J.K. BARTON, CLERK Attachment D Page 1 5 of 16 Pages 3 1000 06 6484 ART "Nx :AMA t A l wit meftr,t 8 2..7 1 -s 2 (1_ m 1; 41'5.4. 1'75 7ner2e I•1•••• C T� .ti i ��0 r T n5}'4 Pa 059b W Ly c C C ••'3TA7'L OF t,.:«.ia: r• �•a COtarFY or T or 'if, ..41& .n et. ww 1�..►d“rnww n.. c., d.M• b.Lno��i r M ry. .w RIP. atey To Ilan and to )told, a....,. rw N..i...4 ti...., E nd 114 0eri.t., Lei, °'teer4 seal .d! f. d+wl t Am th. ,..M., Rr I f.. 161 7. s l..r(i.nj ..fr.! .1 it r 4 .1 •6404.7 r s a 4 N D.... w 31. 10 77 ,enrw5,,,,a,,,. •+Nrt Mar M wi..f.. STATE-Cr FLORIDA SAN R•✓ER ^OIA/T 7.115 t$ TO rc,4•l =Y 1' Ci h 4 C FJE IN Jx. 5<.RTON. aER, cafe r; lM1.1 a Warn= 1 'of. 1R. saki rum.. has drm.d ..d ...61 th....,.,..+w As 1.s .1.1 r.e dfir. 44 elarriard I. the Seale di..ry .f; L ROBERT 1.. moo and tans. w eae Ir... be re to .a�S+.844 ia d Ware r eat y.• n!.d Mil VYJTftz3• by Md W Wirt rat It the t A D. HI obui twa t... a 1.64.4..: t.M,. .y e.. -+.t.1/ r,l.w a•. x t• N..ttt l7 tiara. fl. at...thy o. Attachment D Page 16 of 16 Pages SSLL No. 310006484 t i E. S!fl ?fE Attorney s! law Pest Office Bcn 1293 M'•4S.p.a, rpN +a 3^915 ,rte y--�+•�.p_ OD 1 11LRL1X CERTIFY tot w d 6y .Mbr.re. r de. Cray dread ea We 7rn oeD, )4 4. x e ter earatel the Orrin. fats.....♦ W they adarbt♦,.1 Carty .ad area teat d.sl4 t!Y -1!i0 5 b 4 ME 0581 c D E LEGAT Z ON OF AUTHOR 1 TIE" ACT I ON LEASE NO. 310006484 DELEGATION OF AUTHORITY NO. DSL -43 ACTION TAKEN: LESSEE: COUNTY: Review Routing 1. Originator 2. Planning Manager 3. Legal 4. Environmental Admin. 5. Bureau Chief 6. Deputy Director 7. Other DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS BUREAU OF LAND MANAGEMENT SERVICES Renewal of existing lease (5 years). Henry J. Dabrowski and Anna Dabrowski Indian River CONSIDERATION: Applicable annual lease fees. STAFF REMARKS: Survey approved October 19, 1989. Fees are current. Site inspection Qty 19, 1994 in full compliance. Lease was originally approved August 15, 1984. Approved By: Signature Date Ma izf —4thc*if POINI SOU 0 OJZ rmateto of fitt:Alental iiniftroatuted Autit post 48 otd mcCORD of me Ash of Maritta R= 21893 mow Au. MIN or THESE PRESENTS' That the usdandened. the Mestere of the Wand 1St.: proweaset Fund et th e State of Fkaldo, ender acht tit, of law, for and to oonsidmathe of the eats at m to t j p w Charles kepley and Robert R. Beesley u o yen r y indien River gm. c; Florida have panted. baninined and roldj and do tp them presage past, tomato, odl and convoy: auto tha Beeslex_ and Robert R. Beesley tileir h.tis sod stag" the following dmatited land; te•wit: '7 A parcel or submerged land in the Indian River in Section 31, Township 30 SoUth, Range 39 fast, 311d1an River County, more particularly described as follow:is From the point of interseotion of the south line of Government Lot 2 of said Section 31 and the Fleming Grant Line run North 40' 50" East along the said south line of Coverts/tent Lot 2, a distance of 787.65 feet, impre or less to the mean high water mark on •the west bank of the. Indian River for the, F.O.B.; thence North 70' 45' East a distanee of 145.0 feet; thenoe North 19' 15 West, a disUtatoe Of 165.0 feet; thence South 70" 43' West, O. distance of 135.0 Sett, more or less, to the mean high water mark of the Indian River; thence sontheaster3.y along said mean •high water mark. a Aistance of 165.0 feet. more or lees, to the P.O.E.., A MARRS 1. L FUND Plarmairk AGRUMLTURX s•S* commisis 0.53 --acne, more or kwa and bibis mad beiss be the Coady of india R i 7 er is tad Rut. c Plodits. TO RAVE AND TO ROW the &bon emand sod deptThed promisor !starer. SAWING AND 10011121VDIO mato the mht _Uurteer of Gat /atm* heprostemet Feed of the State Of Bionds, and. cb* _leteaterore. Ifth to.:Oe undrokkod tbr*A4Ogil oft all phosphate, ntletatt and tide fro an unnininstess.boli of au petroleum that. may be IN no or ceder the above with ea Wide& to mbar aild develop the lame. OTHER RESIDIVATIONS: None IN '171811140NY„ .WIIBREOF, the la 1111"..ZIPAgliMakilFalulealbaatd 103 mad awe own So sed OP. 111 TitItR OF TRZ a2 STM OF thelr names sad lba to be harautdo alibied. at the cqw effY c 1 al4b110.4 Bdi 5' day et A. D. Nieman flwadmd 7 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 indexed 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 Sea 711901, et seq., F.S, and Sea 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 property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., FS, 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., FS., 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 pro perty interests in which a judgment lien may be acquired under the provisions of Sea 55.201,. et seq., F.S.) Prepared this 3rd day of December, 2009. Attorneys' Title Fund Services, LLC Prepared by: Frances D. Bold, :Senior Examiner er Phone Number: 1- 800 -637- 0767 ext. 5213 Page 1 of 3 Rev: 07/09- 3 Book and Page: First Patty: 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: CHAIN SHEET Fund File Number: 32- 2009 -1046 L Book and Page OR 48/502 TOI: Deed DOF: 09/17/1953 First Party: Trustees of the Internal Improvement: Fund of the State of Florida Second Party: Charles R. Beesley and Robert E. Beesley 2. Book and Page: OR 274/246 First Party: Robert E. Beesley Second Party: John C. Palmer TOI: 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 TOI: 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 TOl: WD Inlet Bay Seafood, Inc. Sebastian. Harbour, LTD. OR 2018/754 TOI: WD Sebastian Harbour, LTD. Sebastian Development Company, LLC, and Thomas Throng 9. Book and Page: First Party: Second Party: Advanced Electrical Systems, Inc. OR 2243/268 TOI CT 10. Book and Page: First Second Party: Sebastian, Harbour, LTD. and Dancu Holding, Inc. OR 2306/2467 TOl CT Page 2 of 3 DOF: 01/09/1968 DOF: 10/31/1969 DOF: 06/06/1975 DQF: 06/06/1975 DOF; 06/06/1975 DOF: 10/28/1983 DOF; 04/10/2006 DOF: 02/19/2008 DOF: 12/04/2008 Fund File Number: 32-2009-1046 CHAIN SHEET EXHHIBIT A FROM A POINT OF BEG o o G 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 MARX 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 Ti E SOUTH LINE OF SAID GOVERNMENTAL LOT. 2, A DISTANCE OP 94.89 FEET; THENCE RUN NORTH 70°45' EAST A DISTANCE OF 132.03 FEET TO THE ESTABLISTD BULIAD 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 Abrus precatorius Acacia auriculiformis Albizia julibrissin Albizia lebbech Ardisia crenata (A. crenulata misapplied) Ardisia elliptica (A. humilts misapplied) Asparagus •aethiopicus (A. sprengeri; A. densijlorus misapplied) Bauhinia variegata Bischofra javanica Calophyllum antillanum (C. calaba and C. inophyllum misapplied) Casuarina equisetifolia Casuarina glauca Cinnamomum camphora Colocasia esculenta Colubrina asiatica Cupaniopsis anacardioides Dioscorea alata Dioscorea bulbifera Eichhornia crassipes Eugenia un flora Ficus microcarpa (E nitida and E. retusa var. nitida misapplied)' Hydrilta verticillata Hygrophila polysperma Hymenachne amplexicaulis Imperata cylindrica (1. brasiliensis misapplied) Ipomoea aquatica Jasminum dichotomum jasminum fluminense Lantana camara L strigocamara) Ligustrum. Ligustrum sinense Lonicerajaponica Ludwigia peiuviana Luziola subintegra Lygodiumjaponicum Lygodium microphyllum FLEPPC Common Name Cat. rosary pea 1 earleaf acacia 1 mimosa, silk tree I woman tongue I coral ardisia I shoebutton ardisia I N asparagus -fern I 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 tan, 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 Fan 2009 Gov. List N P,N P,N N N N N P,U P, U N, U P,U Reg. Dist. C, 5 C, S N, C C, 5 N, C, 5 C, S N,C, C, S C, 5 5 N, C, 5 C, 5 N,C,S N, C, S 5 C, S N,C,S N, C, S N,C,S C, S C, S N, C, 5 N, C, 5 C, S N, C, 5 C C, 5 C, S N,C, N, C N, C, S N, C, S N, C, S 5 N, C, 5 C, S FLEPPC List Definitions: Exotic- a specs introduced to Florida, purposefully or acci- dentally, from a natural range outside of Florida. Native a species nhosu natural range includes Florida. Naturalized an exotic that sustains itself outside cul- tivation tit is still exotic; it Las not "become' nati :yei liryrasiwe eXGbC n exotic that not only has naturalized, but is expanding on its o: -,m in Florida native plant communities. Abbreviations: P Prohibited a:uatie plant by the Floriria Cisen.rtment of Agriculture am Cor,s�inisr Sr;rvice_;; f 1 d hY Florida [ir;h :Ir'ri;: ";1 t ore c`Y (,r)[L`iU!'ni /if F... lj I ,tt;d Ir US. Oepaurnr ;n* of Agri 'lure N north, C ;ri;ral, S south, to each spec current rl;;trii:Jutian in general regions of F orida (riot its potential rar:g: Ili the statFei Please refer to the n r,p LE. 01/ south :Changes to the 2009 List: Luriala subintegra adled to list as Categ*Jn, 1 la sut „repra ince g ass) vv,as discova!ed i lake Okeechobee by Mike 3cda _n 2007. This aquatic grass Is spreading in the lake. It g;ovA.s in ',veer 2 -3 m deep, spreads vegetatively and by seed, and aggressively cutccmpetes other nature and exct.c species. To date, 2,0'30 acres ha ;'e been treated Nymphoides cristata, moead `rom Categcry 11 to Category I S la'-ifia;e f' ,'r'p0c; des rr sia?a IS an Asi an ayJa:'C teat ,.eC;:me t rcb e Tabs n :h; est F ride; In he rde 1 49rJ3, i. IS f!C' an ea„; s'Jaed 'a cana''s ac. ponds !-1 _:utli':ies? F i cnda 'ld as spread hresgbcs. ne ^v h'elst, a a t has been dco_r .ed i se'. n cc, i; es from Co' ,er to S; Johns. It tins coign ?z d t e B. Cypre.,c •,at,c Preserve iii' ?ere is is invading se:'e s'rand s a'ong Ta m arni Trai' presumably introduced by fisbe using cast nets nfested'rcm ,raters cutstde cf the meserve Salvinia minima, added tc 1st as Category 1 VI:tar spa' :c os !S..'V lla x 7) ?DUna i =i :1,) r, 102: ;:Red a c" /otic pa'c:'eia flu- T1 a period i.hc'n opin'cns da;erec cn I's st,atas as n y, cr .itrOduced in F!oritle. In 7 ,,_'j, rr early „r.roar,uer: s 1 ;er data re. 'el; Intr:d;cucn rcei s yid te1',. d cc t rvF.; tI ai trotlyr.,(1t FI'„r!d:. 3 I rl::; ?r cute ,mr)a:es O'r.,r■ n.:' hive n_t re d ick'iteads t:'y ,er,cp.n' ,3 tlir;ee th n.^.er frpneas ...'l r, a ril::t I the ?'late: Sur'ace. Solaria lacustris, nlc fro nm Category 11 to Ce.egor, 1 V ^.right's nJtr,ish (Scieria !acast s) is an annual tropical sedge that ;;as first calL:ctcd i;1 Ftjn In '1 032, l': Fly :da, .ts dlstrli:tlon ex:encls mor e than 20 d:stinot natural a -etas 1!1 eight coin: es .:tO n foe ma dra;nage reg cans cf :he cel ;ral and scL.therin rere nsLfa. Its ,..I I :1je gec:"..n habit obscures open vrater al drastica'ly aiiers the na:ural spa -se and upriglt structure cf preexist; 3g nat2 e v<egctano +:I. Such don', i latlon nlay even displ na:r:e 3-,,,.; 'c the endangered Florida sre it Late. a hit feeder :nit3tir ng man o 'e Invasn e cz or zati CCtll"S Scientific Name Macfadyena unguis -cati Manilkara zapota Melaleuca quinquenervia Melinis repens Rhynchelytrum repens) Mimosa pigra Nandina domestica Nephrolepis cordifolia Nephrolepis brownii N. multi flora) Neyraudia reynaudiana Nymphoides cristata Paederia cruddasiana Paederia foetida Panicum repens Pennisetum purpureum Pistia stratiotes Psidium cattleianum P littorale) Psidium guajava Pueraria montana var. lobata P. lobata) Rhodomyrlus tomentosa Rhynchelytrum repens (See Melinis repens) Ruellia brittoniana (R. tweediana misapplied) Salvinia minima Sapium sebiferum Triadica sebifera) Scaevola taccada Scaevola sericea, S. frutescens) SchcJf lera actinophylla Brassaia actinophylla) Schinus terebinthifolius Selena lacustris Senna pendula var. glabrata Cassia coluteoides) Solanum tampicense S. houstonii) Solanum viarum Syngonium podophyllum Syzygium cumini Tectaria incisa Thespesia populnea Tradescantiafluminensis Urochloa mutica Brachiaria mutica) Scientific Name Adenanthera pavonina Agave sisalana Aleurites fordii Vernicia fordii) Alstonia macrophylla Alternanthera philoxeroides Antigonon leptopus Aristolochia littoralis Asystasia gangetica Common Name cat claw vine sapodilla melaleuca, paper bark Natal grass catclaw mimosa nandina, heavenly bamboo sword fern Asian sword fern 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 scacvola, half- flower, beach naupaka schefflera, Queensland umbrella tree Brazilian pepper Wright 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 red 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. N,C,S I 5 I P,N,U C,5 N,C,S 1 P,N,U C,S N,C 1 N,C,S 1 C, S I N 5 C, 5 i N S 1 N N, C, S N,C, N, C, I P N, C, 5 1 C,5 1 C,S f N N,C,S I N C, S N,C, N,C, I N N,C,S 1 N C,S C, S I P,N N,C,S C, S 1 C, S 1 N, U C, S I N, U N, C, I N, C, S 1 C,5 I 5 C,S I N, C I C, S CATEGORY II 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 f if ecological damage is demonstrated. FLEPPC Cat. II 1I if II II II Ii Il Gov. Reg. List Dist 5 C, S N, C 5 P 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 Ruellie brittoniana, R tweediana, R. mantles,. and R. simplex. Scientific Name Begonia cucullata Blechum pyramidatum Broussonetia papyrifera CaUisia fragrans Callutemon vindnalis Casuarina cunninghamiana Cecropia palmata Cestrum diurnum Chamaedorea seifrizii Clematis tcrniflora Cryptostegia madagascariensis Cyperus involucratus (C. alternifolius misapplied) Cyperus prolifer Dactyloctenium aegyptium Dalbergia sissoo Elaeagnus umbellata Elaeagnus pungens Epipremnum pinnatum cv. Aureum Ficus altissima Flacourtia indica Hemarthria altissima Hibiscus tiliaceus (See Talipariti tiliaceum) Hyparrhenia rufa Ipomoea carnea ssp. fistulosa =1. fistulosa) Jasminum sambac Leucaenaleucocephala Landoltia punctata Spirodela punctata) Limnophila sessiliflora Livistona chinensis Melia azedarach Melinis minut f lora Merremia tuberosa Murraya paniculata Myriophyllum spicatum Panicum maximum Urochloa maxima, Megathyrsus maximus) Passiftora bif fora Pennisetum setaceum Phoenix reclinata Phyllostachys aurea Pittosporum pentandrum Pteris vittata Ptychosperma elegans Rhoeo spathacea (see Tradescantia spathacea) Ricinus communis Rotala rotundifolia Sansevieria hyacinthoides Sesbania punicea Solanum diphyllum Solanum jamaicense Solanum torvum FLEPPC Gov. Reg. Common Name Cat. List Dist. wax begonia green shrimp plant, Browner 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 silverthom, thorny olive pothos false banyan, council tree governor's plum Iimpo grass jaragua shrub morning -glory Arabian jasmine Kalanchoe pinnata life plant Koelreuteria elegans ssp. formosana flamegold tree K formosana; K paniculata misapplied) lead tree Spotted duckweed Asian marshweed Chinese fan palm Chinaberry Molassesgrass wood -rose orange jessamine Eurasian water- milfoil Guinea grass two flowered passion vine 1I S green fountain grass 11 5 Senegal date palm II C, 5 golden bamboo II N, C Philippine pittosporum, Taiwanese cheesewood II 5 Chinese brake fern II N, C, 5 solitaire palm II S castor bean roundleaf toothcup, dwarf Rotala bowstring hemp purple sesban, rattlebox two -leaf nightshade Jamaica nightshade susumber, turkey berry FLEPPC 2009 List of Invasive Plant Species Felt 2009 11 N,C,S II N,C,5 II N,C,S II C,5 Il 5 lI P C,S II S II C,5 II 5 II N, C lI C, II C, 5 11 C, S II N, C, S it C, S II N II N, II C, 5 II 5 II 5 II C, S 1I N,C,S lI P C, II 5 II C, S 1I C,S 1I N N,C, II N,C, fl P,U N,C, II C, II N, C, II C,5 II S 11 S II P N, C, 5 1I N,C, lI N, C, II 5 II C, S II N, C, 11 N,C,5 II C II N, U N, C, S Callistenton viminalis. dds:d to list ss Category II Bcttieb,uish pGiJidr iu nd SGu ^pv t. �J nG'�..��'•ia7i;'.^ +:di t .s urbed o'.'�ydropc-:od'r:etia invading cGm.ni,rnites ri,1.Ypiri- Dade. Cclier, and RI:arti Courtin s, f iisl-iding those in Big Cypiiess '1 o a Prsenye and Everglades iilationui Pant. Dactyloctenium aegyptium, c fdf;d t st ss Category f! D,rbaii crevsitoctgr ss (Dactylocteniuri7 aegyptrum) is an s isu:: Crass that is a ''defy distnbuted',.ecd throughout the southeastern US. In Ffc; ida, the species has be documented in 54 COJI:-o•S.'u"J1rie it Is pr,mar :ly c` disturbed areas. it s'so invades beach dune com'r....._es in so:thern Fiorida• inciutfi ng i'.las <e bticatad vyith,n Et sdaus and Dr fJ h as tional Far1�s. Dens grs''.r 5 or _'n s species croiend nesting birds it Dry Tcrtugus and eientilpsitas '.'i,tn state c •1 fedeciiy iist105 r spesius en the Elaeagnus wnhellata. to its Category II u'_ :'rya c!; �u =Eiae r�is ris7;be.�,tai ruciare•rig tceiisten~, h it nes it:one ,rc s soot ons sitheii Th: ucu s sit stern iesecoric i Jr}. T i. i.l r 5 f 8 rr.'.'t.;,F_ rt ;r ng ;f 1. The 2,c31 from 1r f'3 dPiiireioi, es.. to 25 ivicresi. 11,`.53. asr Hyparrhenia tufa. 1;; J st Cdtegory it glE16'S natal 14 Fionda JuJ iH u e -at I an-.:• it 0666 rf a: os 12prr•;ro 0_..cornS€: o ritr onts. Landoltia punctata C_„ Spotted 1 ed ilt. ^aoi' a pj•;:tata'} IG e_,isi. pio -t st 15 nisi ;e tG a.strs So :.h_sst.Si3. S o e ii.as (,-st f__, d se; in the 1535s, it has scnieiad to 22 sates and besn itlocipPlented in 35 F,oii a countcs.It s odds renge of tind•s.erdo5 h.- iii? :s. end Cut. Crass es i.a_'': 5yzygium jambes. Catsg, :n r.EFLo. dram Lest The U'2TTi tit°:, FIES rt,,..� tic ei.,,.L ids.,. tipseics ca :na; es as a C21e '."v Use of the FLEPPC List ii EPPC 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 Invas plant removal procrams. V!hen a non native plant species is to be restricted in some viay by laav, FLEPPC encourages use of the List as a first step in identi y ng species worth cans' tiering for particular types of restriction. For more information on using the FLEPPC List of Invasive Plant Species, see U✓ildlat7d Weeds Summer 2002 issue (Vol 5 No 3), pp. 16 -17 cr http /v.•,',nv. fleppc.org iist.'i',st.htm NOTE: lot a, exot c nts bronrs t into Flo da ecome pest pants i1 natural ar- eas. The FLEPPC List cf Invas!ve Plant Specs represents only about 10'. of the nearly 1,400 exotio species that ruse bean introduced into Florida and have subsequently establisheb outside of cultivator, 1,post escaped exotics usua,iy present only mi- nor problems in highly disturbed areas ISUcn as roaas'd ,l. And there are other exo±ios oulti,'ated in F'orda thet are ":•le belaved" t .at is they don't escape Cu 't ictlon at www.fleppc.org Scientific Name Sphagneticola trilobata Wedelia trilobata) Stachytarpheta cayennensis S. urticifolia) Syagrus romanzoffiana Arecastrum romanzoffianum) Talipariti tiliaceum Hibiscus tiliaceus) Terminalia catappa Terminalia muelleri Tradescantia spathacea Rhoeo spathacea, Rhoeo discolor) Tribulus cistoides Urena lobata Vitex trifolia Washingtonia robusta Wedelia (see Sphagneticoia above) Wisteria sinensis Xanthosoma sagittifolium Citation example: FLEPPC. 2009. list of Invasive Plant Species. Florida Exotic Pest Plant Council. Internet: http /www.fleppc.org/list/list. htm 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 152"d 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, )anicc.Duqucsncl@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"d Ave., Miami, FL 33030 kaskazi44@comcast.net Patricia L. Howell, Broward County Parks, Environmental Section, 950 NW 38th 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@ufLcdu Kenneth A. Langeland, Center for Aquatic and Invasive Plants, IFAS, University of Honda, 7922 NW 71° St., Gainesville, FL 32606, (352) 392 -9614, gator8@ufl.cdu Chris Lockhart, Florida Natural Areas Inventory, c/o P.O. Box 243116, Boynton Beach, FL 33424 -3116, (850) 509 -6482, cockhart@fnai.org Gil Nelson, Gil Nelson Associates, 157 Leonard 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 11th Ave., Gainesville, FL 32601 -7816 Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Alachua County Environmental Protection Dept., 201 5E 2"d Ave., Suite 201, Gainesville, Florida 32601, (352) 264 -6803, smvardaman @alachuacounty.us Daniel B. Ward, Department of Botany, University of Honda, 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 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 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/Ilori- dal. 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.ufl.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.ufl.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. FLEPPC 2009 List of Invasive Plant Species Fafl 2009 FLEPPC Gov Cat. List 11 11 II II 11 I1 II II 11 II II II II Reg. Dist. N, C, 5 5 C, 5 C, S C, 5 C, 5 5 N, C, 5 N, C, S C, 5 C, 5 N, C N, C, 5 FUTURE LAND USE MAP 2025 UN CONSERVATION COMMERCIAL UABTED EZI CRA BOUNDARY AGRICULTURE (Ma. 1 dueacias) 1111 COMMERCIAL GENERAL 171 crry BOUNDARY L J VERY LOW DENSITY RESIDENTIAL (Max 3 du/ac) COMMERCIAL 512 een COASTAL HIGH HAZARD AREAS LOW DENSITY RESIDENTIAL pan. 5 dulac) 11111 RIVERFRONT MIXED USE WATER MOBILE HOME aax. s duiaq INDUSTRIAL MEDIUM DENSITY RESIDENTIAL (Max. 8 du/ac) eisirrunoNAL 190 North Orkin& &mom Sotto 25'5 Winter Par*. Florida N710 Feet 1,500 3,000 6,000 111ILLAND DESIGN INNOVATIONS